These General Conditions of Sale (hereinafter the "GCS") are subject to Belgian law.
These GCS (and the documents to which they refer) inform you of the terms and general conditions of sale under which we provide services (hereinafter the "Services"), notably through a subscription to Javry for the reception of packages containing bags of coffee selected and roasted by JAVRY SPRL (hereinafter "Javry"), and products (hereinafter the "Products") on our internet site at http://javry.com (hereinafter the "Site").
1. General provisions
The online shop at http://javry.com has been established by SPRL JAVRY, the operator of this Site, and registered on the register of companies under number 0642.737.737. The merchant website at http://javry.com is a website for electronic trading over the internet and is open to any user of this network. Javry is operated by JAVRY, an SPRL with a registered capital of 18,600 Euros, with its head office situated Rue de Devant-les-Bois 28 5640 Mettet (Belgium).
You can contact us by email at hello@javry.com or by mail to Rue de Devant-les-Bois 28 5640 Mettet (Belgium).
2. Accessibility of products and services
(1) The Products and Services ordered by the purchaser on the Site will be delivered/accessible only in Belgium and France. All orders outside of these areas will not be taken into account.
(2) The Site is in principle accessible 24 hours a day, 7 days a week, except for interruptions for maintenance purposes or in cases of force majeure, whether programed or not. Javry cannot be held responsible for any damages of whatever nature resulting from the unavailability of the Site.
3. Full legal capacity of the customer
Under these General Conditions of Sale, a Customer is any physical person of at least 18 years of age having his/her permanent residence in Belgium or in France and who accesses the Site from these same countries. The Customer recognizes that he/she has the full legal capacity to commit himself/herself under these General Conditions of Sale.
4. Agreement and termination of the contract concluded between yourself and Javry.
(1) The contract between yourself and Javry (hereinafter the "Contract") will be concluded when you validate the order for Services and/or Products by completing our standard form and checking the acceptance box for these GCS. After ordering the Services and/or Products, you will receive a confirmation email of shipping (hereinafter the Shipping Confirmation) confirming that we have received and accepted your order. Each delivery will be the object of a Shipping Confirmation. Unless proof to the contrary, the data recorded by Javry will constitute proof of the transaction. You must check the completeness and conformity of the data supplied to Javry when placing the order. Javry cannot be held responsible for any input errors and the consequences of such errors.
(2) The contract covers only those Services and/or Products that are the object of a Shipping Confirmation and/or a billing email. We will not proceed with the delivery of other Services and/or Products when these latter have not received separate Shipping Confirmation.
(3) The recurring subscription to Javry consists of initial costs and periodic fees, such as you accepted when placing your order. By subscribing, you acknowledge that your membership entails a mandatory recurring payment and assume all of these costs until the end of the subscription. You can terminate your subscription at any time or change your method of payment by sending an email to support@javry.com. However, in this case the costs of the subscription in progress on the date of termination will not be reimbursed.
(4) By subscribing to Javry, you agree to pay a recurring payment (frequency depending on your subscription) the flat rate indicated on the Site in addition to the expenses corresponding to the costs of delivery of the products during an undetermined period. There is no minimum subscription period. You can terminate your Contract at any time. However, your termination of Services will only take effect after 3 (three) days counting from the receipt of notification by Javry of the cancellation of your subscription. No fees will be charged when you terminate the Contract. You can re-subscribe to our Services after terminating a Contract.
(5) To unsubscribe, you must log in to your account and use the unsubscribe link or notify us by email at the following address: support@javry.com.
5. Right of withdrawal
(1) You have a period of fourteen (14) calendar days from the date of acceptance of your subscription or of the receipt of products to exercise your right of withdrawal, without need to justify your reasons nor obligation to pay any penalty. If the abovementioned conditions are fulfilled, Javry will reimburse the purchaser the amounts paid in accordance with article 9 of these GCS.
(2) To exercise your right of withdrawal you must notify us in writing. You must also return the Products to us and/or, as the case may be, the packages received from Javry in the context of Services in their full and original condition (accessories, notices, packaging, original packaging materials, etc.) to enable them to be sold as new products, and this as soon as possible to the address that will be supplied to you by Javry. If the abovementioned conditions are fulfilled, Javry will reimburse the purchaser for the amounts paid, with the exception, however, of shipping costs for the return of the Products and/or, as the case may be, of the subscription to Javry received in the context of Services, which remain at the purchaser's expense if the services provided correspond to the orders. You have the obligation to take reasonable care of the Products and/or the package received from Javry that is in your possession.
(3) You cannot benefit from this right of withdrawal if the Services have started to be provided before the end of the abovementioned period of fourteen (14) days.
Also excluded from the right of withdrawal are those Products which, because of their nature, cannot be reshipped (for example, food Products which have be used or simply opened) or are likely to deteriorate further or rapidly expire.
(4) The details of your legal right of withdrawal as well as the terms of execution are provided in the Shipping Confirmation. This provision does not affect the other rights to which you are entitled in your quality of consumer.
6. Availability and delivery
The Products and Services will be delivered on the delivery date stipulated in the Shipping Confirmation, when appropriate, or if no delivery date is specified, within a maximum of 28 calendar days following the payment of the Products and/or Services. If, for reasons beyond our control, the product that you order is not available or if it is only available with a delay (up to 10 days from the time of acceptance of your order), we will inform you immediately either of the unavailability of the product or of the extra time required for delivery. If the time required to replenish the stock is abnormally long or if it is impossible, we commit ourselves to replacing the item ordered by an item that provides the same performance and whose value is equal to or greater than that of the original product. If we cannot provide you with a replacement item, we will cancel your order. The amount of your purchase paid when ordering will be credited to your account or reimbursed, in the form of a credit voucher if you wish.
7. Price and payment
The prices of products and services presented on the Site are shown in Euros and include all taxes. They are applicable at the time of validation of the order by the Customer. The prices of products do not include the costs of communication related to the use of the site. The prices are subject to Belgian value added tax (V.A.T.) and any change of the legal rate of V.A.T. may be carried over to the price of the products and services presented on the Site on the date stipulated by the relevant decree of enforcement.
Javry reserves the right to change its prices at any time; the changes will not affect the orders for which we have already sent Shipping Confirmation.
Payment for all Products and Services must be made by credit card. We accept payments by Visa, MasterCard and American Express.
Your card will be debited for the first payment at the time of placing the order. Subsequently, once your first order placed with Javry has been received, your card will be debited every 2 weeks (14 days) or 4 weeks (28 days) depending on your subscription frequency.
8. Refund policy and termination of the subscription
(1) If you return a product and/or, as the case may be, packages received from Javry in the context of the Services:
(1.1) because you have exercised your right of withdrawal (see 5.1 above), we will process the refund that is due to you as soon as possible or within thirty (30) days following the date of notification of your withdrawal at the latest. In this case, we will refund the full price of the Product. However, the cost of returning the Product and/or, as the case may be, the package received from Javry in the context of Services, is at your expense (see 5.2 above).
(1.2) for any other reason (for example, if you have notified us in compliance with article 21 below that you do not accept a modification of the GCS, or because you consider that the product is defective), we will examine the product and/or, if necessary, the package returned to Javry and we will notify you of your right to reimbursement by email within a reasonable period of time. We usually process refund payments in the shortest time or within a maximum of thirty (30) days following the date of the email in which we confirm your right to reimbursement. We will fully refund the price of the defective product and, if appropriate, the costs of delivery and any costs for returning the defective product.
(2) The refund is usually carried out by the method of payment chosen at the time of purchase.
9. Legal warranties
(1) The products benefit from the legal warranties covering hidden defects. In the case of the delivery of a non-compliant product, Javry will, according to the choice made by the customer, either refund the price of the product, or exchange the product for an identical product depending on available stock, or exchange the product for a product of equivalent quality and price depending on available stock. This request must be made after delivery and sent in writing to the head office of Javry. For any complaint or opinion concerning the products, we invite you to contact the manufacturer of the product in question, whose name, contact address and batch number appears on the product.
(2) Exclusion from the warranty. Any Product that has been opened, repaired or transformed in any way whatsoever is excluded from the legal warranty.
10. Force majeure
(1) We will not be held responsible for any failure to execute or delay in the execution of any of our obligations under a contract that is caused by events that are beyond our will and control (case of force majeure).
(2) A case of force majeure means any act, event, non-event, omission or accident beyond our will and control.
These cases of force majeure shall suspend the obligations of JAVRY cited in these GCS and this for the full duration of the cases of force majeure.
11. Intellectual property
All elements of the http://javry.com site are and remain the exclusive intellectual property of Javry.
No person is authorized to reproduce, exploit, redistribute or use in any way whatsoever, in whole or in part, any software, visual or audio elements of the http://javry.com website.
Javry cannot be held responsible if the contents of the websites to which redirection is proposed via hypertext links do not comply with current laws and regulations.
12. Right to modify the GCS
The GCS can be amended or adapted at any time. In case of modification, the GCS in force on the day of the order will be applied to each order.
13. Disputes, applicable law and jurisdiction.
These GCS will be executed and interpreted in accordance with Belgian law. Before any litigation, the parties shall seek amicable agreement. Any dispute of any nature or claim relating to content or execution of an order, even in the case of warranty claims or when there are multiple defendants, will be made before the competent courts in default of an amicable agreement.
14. Severability of the general conditions
If for any reason one of the present general conditions should be declared inapplicable, this inapplicability will not affect the application of the other provisions of the general conditions; the condition judged as inapplicable will then be replaced by the closest possible provision.