Legal notices

Credits

Conductor: Andrés Hoyos-Gomez, Maria Hernandez

Design: Art Feels Good

Photography: Oksana Giroud, The Poppy Seed

Legal notices

In accordance with the provisions of Article 6 III-1 of Law No. 2004-575 of June 21, 2004 on confidence in the digital economy, we inform you that this site thebeansonfire.com (hereinafter "the Site") is the exclusive property of the company EL MOLINO SAS with a capital of 60,000 Euros, registered in the Paris Trade and Companies Register under number 807 776 356, and whose registered office is located at 21 rue d'Abbeville 75009 Paris (hereinafter "EL MOLINO").
Telephone: +33(01) 4355 9473
President: Andrés Hoyos-Gomez; General Director: Maria Hernandez
The Site is hosted by Shopify

General Conditions

Preamble

EL MOLINO is a collaborative roasting company and includes in its activities: the trade of green and roasted coffee beans, roasting services, coffee tasting and catering.

Access to and use of these services are governed by these General Conditions, which are available in French.

Visitors and Customers have the option to save and print them.

Definitions

Within the framework of these general conditions of sale and use (hereinafter “the General Conditions”), the following terms are understood to mean:

Visitor(s): any person browsing the Site thebeansonfire.com;

Customer(s): any person having purchased products (Coffees, coffee accessories, courses) on the Site thebeansonfire.com;

Site: thebeansonfire.com Site;

1. PURPOSE

The purpose of these General Conditions is to define the terms and conditions under which EL MOLINO makes its Site available to Visitors and Customers and offers the services detailed below.

2. ACCEPTANCE OF THESE GENERAL CONDITIONS

These General Conditions apply to all Visitors and/or Customers of the Site.

Access to and use of the Site implies the Visitor's and/or Customer's acceptance of these General Terms and Conditions. Confirming the placing of an order on the Site by clicking on the "confirm my order" button constitutes full acceptance of these General Terms and Conditions. If you do not agree with the clauses set out below, you are advised not to use the Site.

The applicable General Conditions are those in force on the day of the visit to the Site, of the placing of an order. These General Conditions may be subject to modifications by the company EL MOLINO. In this case, EL MOLINO will inform the Customers and the new General Conditions will be applicable only to orders placed after the modification, or within the framework of subscriptions, from the month following the modification. If you do not agree with the modified General Conditions, you are advised to refrain from continuing to use the services of the Site. Otherwise, the modifications made to the General Conditions will be deemed accepted.

3. SALES AND SERVICES TO INDIVIDUALS

EL MOLINO offers products and services to both individual and business customers.

Any individual Customer undertakes to act in this capacity. EL MOLINO reserves the right to refuse or cancel any order from a Customer who appears to be a professional reseller and who presents himself as an individual.

Any Corporate Client undertakes to act in this capacity. Corporate Clients must provide their identification under the relevant RCS.

4. ACCESS TO THE SITE

EL MOLINO strives to keep the Site accessible without being bound by any obligation to do so. Access to the Site may be interrupted for maintenance, updates, or any other technical reason. EL MOLINO is in no way responsible for these technical and temporary interruptions and the consequences or inconveniences that may result for Visitors or Customers.

5. ORDERS FOR COFFEE PRODUCTS, ACCESSORIES OR DELICATESSEN

EL MOLINO offers Customers the possibility of placing orders through the Site, to acquire coffee products, coffee accessories, or delicatessen products, within the limits of available stocks and in compliance with these General Conditions.

Any order will only be processed after receipt of full payment from the Customer. Any order will result in an order confirmation sent by EL MOLINO to the email address provided by the Customer when registering on the Site.

When placing an order, it is the Customer's responsibility to check that the information relating to the order complies with their choices (personal data, delivery method, possible options, place of delivery and/or invoicing of the products, etc.). In the event of termination by the Customer, any credits obtained, in particular pursuant to Article 6 of these General Conditions, must have been used, failing which they may be considered lost.

EL MOLINO reserves the right to refuse any non-compliant or questionable order, as well as any order from a Customer who has not fully paid for a previous order or with whom any dispute is in progress. EL MOLINO also expressly reserves the right to examine on a case-by-case basis and to accept or refuse any order for which delivery must take place outside France, in particular with regard to the specific rules and conditions applicable in the country concerned, which the Customer expressly acknowledges and accepts. In the event of refusal of the order in this context, EL MOLINO will inform the Customer as soon as possible.

6. ORDER LIMITATION

In consideration of the rare nature of certain products offered on the Site and in order to allow as many people as possible to benefit from the offers and products proposed by EL MOLINO, occasional restrictions on the quantities available for purchase/order may be applied. In this case, the available quantity is understood to be limited per Customer (same name, same address, same account holder). EL MOLINO may indicate on the Site the application of occasional restrictions and reserves the right to refuse an order in case of doubt as to the existence of a previous order placed for the same product by the same Customer.

7. AVAILABILITY OF PRODUCTS

Product offers are valid as long as they are visible on the Site. All offers are subject to availability. EL MOLINO will make every effort to ensure that Customer orders can be fulfilled. However, EL MOLINO cannot be held responsible for any temporary stock shortages resulting in a delay in the delivery of the products ordered.

In the event of permanent unavailability of one or more ordered products, EL MOLINO undertakes to inform the Customer as soon as possible. The Customer may then, at their choice, request: (i) the replacement of the unavailable product(s) with one or more products of equivalent quality and price, or (ii) obtaining a credit note from EL MOLINO corresponding to the amount of the order, or (iii) reimbursement of the amount debited from their account, this reimbursement taking place within thirty (30) days from receipt of the reimbursement request. For the purposes of the previous paragraph, the assessment of equivalent quality remains the sole responsibility of EL MOLINO.

8. PRICE and delivery times

Prices are in Euros. If a price appears in another currency, this amount is for guidance only. Miscellaneous charges are those indicated when ordering (shipping, packaging, etc.).

The prices of products ordered through the Site are those indicated on the sheet of each product. These prices are inclusive of all taxes and exclusive of transport costs (shipping costs are indicated separately and added to the amount of the order). The total price of the order is that indicated when the order is validated by the Customer, before the "second click" of confirmation, in accordance with the regulations in force.

Deliveries outside France for any order placed on the Site may be subject to possible taxes and customs duties that are imposed when the package reaches its destination. These possible customs duties and taxes related to the delivery of the products are the responsibility of the Customers. EL MOLINO is not required to verify and inform Customers of the applicable customs duties and taxes. To find out about them, EL MOLINO advises Customers to inquire with the competent authorities in their countries.

Our coffees are roasted to order for maximum freshness. Delivery times vary depending on your location.

For France. Your order will be delivered within 10 days at the latest, with coffee roasted within the last 48-72 hours. For your coffee emergencies, delivery within 24-48 hours of coffee roasted within the last 10 days.

9. PAYMENT TERMS AND SECURITY

In order to optimize transaction security, all payments made by credit card on the EL MOLINO Site are made via the secure online payment system STRIPE which encrypts all data relating to orders (including names, addresses and credit card numbers) so that the information communicated is protected during transmission.

10. SHIPPING AND DELIVERY OF PRODUCT ORDERS

The products are shipped to the Customer by EL MOLINO through the services of La Poste (Colissimo) or Amazon.fr “Shipped by Amazon”.

The delivery times applicable to orders placed with Producers via the Site are those indicated when the order is placed, before its validation. These times may vary, in particular depending on the delivery location, the quantity of products ordered and their availability. The delivery times announced when the order is placed are indicated in working days and subject to validation of the order.

EL MOLINO cannot be held responsible for any delays in delivery due to temporary stock shortages or anomalies in the carrier's services.

The products are delivered by EL MOLINO according to the formula chosen by the Customer when registering and/or placing their order, to the delivery address indicated by the Customer or in store. If all or part of the addresses or information necessary for delivery provided by the Customer prove to be incorrect, forcing EL MOLINO to return the orders, it will be up to the Customer to bear the costs and consequences.

11. CONFORMITY of deliveries

11.1. The Customer is required to carefully check the condition and conformity of the delivered products upon delivery. He may then (i) either accept the order if it appears to be in conformity, (ii) or refuse the order if it is clearly non-conforming (bags of coffee with insufficient weight or inedible beans) by following the procedure set out in Article 11.3 hereof.

11.2. In the event that, within one week of delivery, the Customer notices, when tasting the delivered products, a clear deterioration in the quality of the products (e.g., burnt coffee beans), it will be the Customer's responsibility to return the product(s), in their original packaging, box and condition, carefully protected and in compliance with the procedure set out in Article 11.3 hereof. For the application of this Article 11.2, it is specified that only returns of bag(s) with a level greater than three-quarters (3/4) of their initial filling may be processed. The order number and the Customer's contact details must appear clearly on the shipping box.

11.3. In the event of refusal of an order by the Customer at the time of delivery (11.1) or return due to an alteration in the quality of the product(s) noted during tasting (11.2), it will be the Customer's responsibility to inform EL MOLINO by post or by e-mail to the following addresses:

“The Beans on Fire” EL MOLINO SAS, Customer Service, 7 rue du General Blaise, 75011 Paris
contact@thebeansonfire.com

In any event, the Customer must take care to clearly indicate in the letter or email all of the information requested as well as the precise reasons justifying the return or refusal of the order.

EL MOLINO will then do its best with the Producer to obtain the replacement of the product(s) with a new delivery to the Customer. In the event that the replacement of the product(s) proves impossible, EL MOLINO may then offer the Customer a refund of the amount of the products and the delivery (amount of the order, in proportion to the products refused, and including, where applicable, the return costs incurred by the Customer upon presentation of supporting documents).

12. RIGHT OF WITHDRAWAL

In accordance with Articles L.121-20 et seq. of the Consumer Code, the Customer has a period of fourteen (14) working days from receipt of the product(s) ordered or received as part of their subscription, to withdraw and return any product that does not suit them, in accordance with the following terms and conditions.

The refund will be made as soon as possible, at the latest within thirty (30) days from the exercise of the right of withdrawal.

The product(s) must be returned in its/their original packaging, carton and condition (unopened coffee bags, undamaged packaging and labels). The order number and the Customer's contact details must appear clearly on the shipping carton.

In order to facilitate refunds and improve the quality of its services and partnerships, EL MOLINO invites its Customers to inform it of its withdrawal and the return of the product(s) to the Producer(s) by sending a letter or an e-mail according to the procedure provided for in article 13.3 of these General Conditions and indicating the reasons for this withdrawal.

13. TRAINING

Purchasing a training course through the Site constitutes acceptance of the regulations and specific conditions of the training courses.

14. PERSONAL DATA

The Customer is informed that the personal information and data requested are necessary for the management and processing of his order and for EL MOLINO's commercial relations.

This information and data are retained to enable EL MOLINO to ensure the successful completion of orders, improve the quality of services, better meet the Customer's expectations and personalize the services offered and the information sent. This information and data are also retained for security purposes, in order to comply with legal and regulatory obligations.

They may be transmitted to companies that contribute to these relationships such as those responsible for the execution of services and orders for their management, execution, processing and payment.

In order to offer you products suited to your tastes, we reserve the right to process your data for the purpose of producing targeted advertising information.

This information is intended for use by EL MOLINO and may be processed by service providers acting on behalf of EL MOLINO.

In accordance with law n°78-17 of January 6, 1978 relating to information technology, files and freedoms as amended (the "Information Technology and Freedoms" law), EL MOLINO informs you that this Site has been declared to the CNIL for automated processing of personal data (declaration n° 1913020) and that you have the right to access, oppose, rectify and delete personal data concerning you at any time by contacting EL MOLINO.

To do this, simply request it by post or email to the following addresses:

“The Beans on Fire” EL MOLINO SAS, Customer Service, 7 rue du General Blaise, 75011 Paris
contact@thebeansonfire.com

The login credentials provided by EL MOLINO are personal and non-transferable. It is the responsibility of each Customer to prevent access to the Site by third parties using a Customer's login data.

You can unsubscribe at any time by clicking on the link in all emails.

15. COOKIES

EL MOLINO reserves the right to use cookies for the following purposes: personalization of the Site thebeansonfire.com, traffic analysis, statistics compilation, and also to be particularly attentive to the needs of users (Customers and Visitors).

A cookie is a small piece of data sent to your browser by a web server and stored on the hard drive of the Visitor's or Customer's computer. Cookies on thebeansonfire.com do not contain any data that personally identifies the Visitor or Customer and are designed for use only by EL MOLINO.

At any time, the Visitor or Customer may refuse the storage of these cookies by configuring their computer or changing their browser settings. Visitors and Customers are informed that by refusing cookies, the use of the Site and the services offered may be limited.

16. License relating to access and use of the site

EL MOLINO grants Visitors and Customers a limited license to access and use the Site, for exclusively private and personal use, non-collective and non-exclusive. Under no circumstances are Visitors and Customers authorized to download or modify all or part of the Site without the prior written authorization of EL MOLINO. This license does not allow Visitors and Customers to make any commercial use of the Site and/or all or part of its content.

If you, Visitor or Customer, wish to make commercial use of the information appearing on the Site, you must request prior written authorization from EL MOLINO, by sending a request to this effect to the following address: contact@thebeansonfire.com.

EL MOLINO authorizes, on a non-exclusive and revocable basis, the creation of hyperlinks pointing to the home page of the Site, on the condition that these links cannot create any direct or indirect harm to EL MOLINO and its products or services. Given the particularity of the products and services offered by EL MOLINO, it is recommended that anyone wishing to create a hyperlink pointing to the home page of the Site ensures the compliance and legality of this type of link on their own site. Under no circumstances may the creation or presence of these hyperlinks engage the liability of EL MOLINO, in any capacity and for any reason whatsoever. In the event of a request from EL MOLINO, any hyperlink pointing to the home page of the Site created on a third-party site must be immediately removed, without prejudice to EL MOLINO's rights to obtain compensation for any harm caused by the creation of this link.

17. INTELLECTUAL PROPERTY

The "The Beans on Fire" trademark and logo are registered with the French National Institute of Intellectual Property (INPI). No use of the "The Beans on Fire" trademark and logo may be made without the prior written consent of EL MOLINO.

All content, in whole or in part, which appears or is available on the Site (including but not limited to: data, information, texts, illustrations, logos, brands, computer graphics, photographs, videos, software and computer programs, databases, etc.), and more generally all or part of the Site itself, are protected under copyright and other intellectual property rights for France and throughout the world.

These General Conditions do not entail the transfer of any of these intellectual property rights to the benefit of Customers and/or Visitors. Consequently, the latter are formally prohibited from reproducing and/or using all or part of the content that appears or is available on the Site and all or part of the Site itself. Customers and Visitors are also prohibited from copying, modifying, altering, translating, reproducing, distributing, selling, publishing, exploiting or distributing in any way and in any form or medium whatsoever said elements.

In particular, access to videos and photos posted on the Site is exclusively reserved for subscribed Customers for private and non-commercial viewing. No use of these videos or photos may be made without the prior written consent of EL MOLINO (contact@thebeansonfire.com).

Violation of these mandatory provisions subjects the offender, and any person responsible, to the criminal and civil penalties provided for by law.

18. PROMOTIONAL OFFERS

EL MOLINO offers Visitors and Customers the opportunity to receive a newsletter, thebeansonfire.com. Visitors and Customers may opt out of receiving EL MOLINO's newsletter at any time, thebeansonfire.com.

EL MOLINO may offer Customers the opportunity to receive promotional offers from its partners.

19. FORCE MAJEURE

EL MOLINO cannot be held responsible for non-performance of the contract in the event of the occurrence of a force majeure event, as defined by the Civil Code and current case law.

20. APPLICABLE LAW AND DISPUTE SETTLEMENT

These General Conventions are subject to French law.

The Parties will always endeavor to find an amicable solution before bringing the matter before the courts. If necessary, the French courts will then have sole jurisdiction.