Terms and Conditions
Preamble
These terms and conditions of sale are established between, on one hand, CAFÉ MOKLAIR, a Limited Liability Company (SARL) with a share capital of 1000.00 EUROS, whose registered office is located at 5 RUE ANDRIEUX, 51100 REIMS France, registered with the Trade and Companies Register of Reims under number 884511064, hereinafter referred to as “CAFÉ MOKLAIR” and managing the site moklair.com and, on the other hand, any natural or legal person wishing to make a purchase via the website moklair.com, hereinafter referred to as “the buyer”.
Article 1 - Purpose
These terms and conditions of sale aim to define the contractual relationship between CAFÉ MOKLAIR and the buyer (whether professional or individual) and the conditions applicable to any purchase made through the website moklair.com. The acquisition of a product through this site implies unconditional acceptance by the buyer of these terms and conditions of sale, which the buyer acknowledges having read prior to placing an order. Before any transaction, the buyer declares having the full legal capacity to enter into commitments under these general terms and conditions of sale.
CAFÉ MOKLAIR reserves the right to modify these terms and conditions of sale at any time, in order to comply with any new regulations or to improve the use of its site. Therefore, the applicable conditions will be those in effect on the date of the order by the buyer. These terms and conditions of sale shall prevail over all other general or specific conditions not expressly approved by CAFÉ MOKLAIR.
Article 2 - Products
The products and services offered are those listed on the website moklair.com of CAFÉ MOKLAIR, subject to stock availability. CAFÉ MOKLAIR reserves the right to modify the product range at any time. Each product is presented on the website in the form of a description outlining its main technical characteristics. The photographs are as accurate as possible but do not bind CAFE MOKLAIR in any way. They cannot ensure perfect similarity with the ordered product. The sale of products presented on the site moklair.com is intended for all buyers whose delivery address is located in a geographical area available on the site moklair.com at the time of order.
Article 3 - Price
The prices shown on the product pages of the website catalog are in Euros (€) including all taxes (TTC) taking into account the VAT applicable on the day of the order. Any possible change in the VAT rate may be reflected in the price of the products. CAFE MOKLAIR has been subject since 05/01/2021 (prior to this date, CAFÉ MOKLAIR was under VAT franchise according to Article 293 B of the CGI) to the normal VAT regime, thus VAT is applicable according to the CGI. For information, to date, roasted coffee sold as beans or ground is taxed in France at a rate of 5.5% according to the CGI. CAFE MOKLAIR reserves the right to modify its prices at any time, however it is understood that the price shown on the site moklair.com on the day of the order will be the only one applicable to the buyer.
The prices indicated do not include delivery costs, which are charged in addition to the price of the products purchased. These costs are calculated at the time of order according to the weight of the package, the chosen carrier, and the delivery address. These will be made known to the buyer before final validation of the order.
Note on VAT invoicing for coffee sales
VAT is invoiced differently depending on the buyer’s place of residence and whether they are an individual or a professional (professional buying, according to our dedicated price lists and our “wholesale” conditions, on behalf of a company). For roasted coffee sold as beans or ground:
– Residents IN FRANCE: 5.5% for individuals and professionals not subject to or subject to VAT (the latter can deduct it).
– Residents IN AN EU MEMBER COUNTRY: 5.5% for individuals and professionals not subject to VAT, 0%*/Reverse charge for intra-Community deliveries (Reverse charge and VAT exemption according to Article 262 ter I of the CGI) for professionals subject to VAT with an intra-Community VAT number.
– INTERNATIONAL RESIDENTS OUTSIDE THE EU (and French Overseas Territories): 0%* for individuals and professionals not subject to VAT, 0%* for professionals subject to VAT (VAT exemption pursuant to Article 262 1 of the CGI, with a DEB for exports)
Note: 0% VAT indicates a VAT exemption.
Article 4 - Order and Payment Methods
4.1: Order
Before placing any order, the buyer can create an account on the moklair.com site. The account creation section is directly accessible from the menu bar. On each visit, the buyer, if wishing to order or consult their account, can identify themselves using this information. Otherwise, they identify themselves and complete this information before the payment step. CAFE MOKLAIR offers the buyer to order and pay for their products in several steps: choose their products and add them to the cart, validate their cart, identify themselves or create an account, choose their delivery method and payment method, accept these General Terms and Conditions of Sale, make their payment. The buyer will then receive an email confirming their order with any additional information. This email confirms CAFE MOKLAIR’s acceptance of the order and then forms the sales contract between the Parties. The buyer will be informed by email when the order is shipped.
4.2: Payment
Payment is due at the time of order. The buyer selects the products they wish to order in the “cart”, modifies if necessary (quantities, references…), verifies the delivery address or enters a new one and chooses the desired carrier. Then, the shipping costs are calculated and presented to the buyer, along with the name of the carrier. Next, the buyer chooses their preferred payment method: “Offline Payment” or “Card Payment”. The last step allows them to verify all the information, read and accept these general terms and conditions of sale by checking the corresponding box, then invites them to validate their order by clicking on the “Payment” button.
Offline payment by bank transfer: To finalize their payment and trigger the processing of their order, the buyer must make the transfer corresponding to the amount of their order to CAFE MOKLAIR’s bank account, the details of which are communicated to the buyer. Upon receipt of the transfer, the order will be processed and the buyer will be informed by email. CAFE MOKLAIR will ship the products at the earliest 2 business days after receipt of the transfer corresponding to the order, subject to provisions.
Offline Payment through the LYDIA application: To finalize their payment and trigger the processing of their order, the buyer must make the transfer corresponding to the amount of their order to CAFE MOKLAIR’s LYDIA account, the details of which are communicated to the buyer: this is the phone number 07 83 82 37 49. Upon receipt of the transfer, the order will be processed and the buyer will be informed by email. CAFE MOKLAIR will ship the products at the earliest 2 business days after receipt of the transfer corresponding to the order, subject to provisions.
Please note that CAFÉ MOKLAIR cannot be held responsible for any mishandling by the customer during the LYDIA transfer or bank transfer (for example, entering an incorrect number).
Secure payment by credit card: The buyer is redirected to the secure interface to safely enter their personal credit card details via the secure Stripe platform which uses the DSP2 protocol requiring strong customer authentication (SCA) and such that the information transmitted is encrypted by software and no third party can access it during network transport. If the payment is accepted, the order is registered and the contract finally formed. Payment by credit card is irrevocable.
Upon validation, the buyer receives an order confirmation confirming the registration of their order and forms the definitive conclusion of the contract. Confirmation of an order implies acceptance of these terms and conditions of sale, acknowledgment of having perfect knowledge of them, and waiver of the right to invoke one’s own purchasing conditions. All data provided and the recorded confirmation will constitute proof of the transaction.
For any additional questions, the buyer can contact CAFE MOKLAIR, either by mail at the following address: CAFE MOKLAIR, 5 RUE ANDRIEUX, 51100 REIMS; or by email at the following address: contact@moklair.com
Article 5 - Retention of Title
CAFE MOKLAIR retains full ownership of the products sold until full payment of the price, in principal, costs, and taxes included.
Article 6 - Right of Withdrawal
Coffee is a perishable food item and in accordance with Article L.121-20-2 of the Consumer Code, the right of withdrawal does not apply to the purchase of this type of product.
Article 7 - Delivery
Deliveries are made to the address indicated on the order form, which can only be in the geographical area agreed upon on the moklair.com site. Delivery costs are calculated according to the weight of the package, the carrier, and the geographical location selected by the buyer. The delivery price will be specified to the buyer when confirming their order. The delivery price includes: delivery as well as packaging costs. Orders are fulfilled by La Poste via COLISSIMO, or by Mondial Relais at pickup points. Delivery times are given for indicative purposes only; if they exceed thirty days from the order, the sales contract may be terminated and the buyer refunded.
For a COLISSIMO La Poste delivery, if the buyer is absent, they have 10 business days to pick up their package at the indicated post office. Beyond this period, the package will be returned to CAFÉ MOKLAIR, which will then contact the buyer by email. In the absence of a response from the customer and after a period of 30 days from the order date, CAFE MOKLAIR will consider that the buyer has exercised their right of withdrawal. For delivery to a pickup point via MONDIAL RELAIS, the buyer must go to the pickup point arranged by CAFÉ MOKLAIR, which will have been selected according to the possibilities and closest to the delivery address. However, the pickup point can be expressly indicated on the day of the order by request of the buyer to livraison@moklair.com. Regarding the methods for collecting products at pickup points via Mondial Relais, the buyer should refer to the procedures of the pickup point concerned.
The risks associated with transport are the responsibility of the buyer from the moment the items leave CAFE MOKLAIR’s premises. The buyer is required to verify in the presence of the La Poste representative or the delivery person or the pickup point, the condition of the packaging of the goods and its contents upon delivery. In case of damage during transport, any protest must be made to the carrier within three days of delivery, accompanied by an email to livraison@moklair.com.
Article 8 - Warranty
All non-perishable products supplied by CAFE MOKLAIR benefit from the legal warranty provided for in Articles 1641 to 1649 and following of the Civil Code. In case of non-conformity of a sold product, it can be returned to CAFE MOKLAIR, which will take it back, exchange it, or refund it. All claims, requests for exchange or refund must be made by post to the following address: CAFE MOKLAIR 5 RUE ANDRIEUX, 51100 REIMS within thirty days after delivery.
For any complaints, you can contact CAFE MOKLAIR at contact@moklair.com
Article 9 - Liability
CAFE MOKLAIR, in the distance selling process, is bound only by an obligation of means. Its liability cannot be engaged for damage resulting from the use of the Internet network such as loss of data, intrusion, virus, service interruption, or other involuntary problems. In general, CAFE MOKLAIR cannot be held responsible for any indirect damages that might arise from the purchase of the Products. Moreover, CAFE MOKLAIR, under the obligations of the General Terms and Conditions of Sale, cannot be engaged in case of the occurrence of a force majeure event as defined by French courts.
Article 10 - Intellectual Property
All elements of the moklair.com site are and remain the intellectual and exclusive property of CAFE MOKLAIR. No one is authorized to reproduce, exploit, or use for any purpose whatsoever, even partially, elements of molaire.com whether in the form of photos, logos, visuals, or text. For any requests on this subject, however, you can contact contact@moklair.com
Article 11 - Personal Data
CAFE MOKLAIR undertakes to preserve the confidentiality of information provided by the buyer, which they may be led to transmit for the use of certain services. The data collected on molaire.com are exclusively intended for CAFE MOKLAIR and all personal information remains confidential. No nominative information is collected without the user’s knowledge. Any information concerning them is subject to the provisions of Law No. 78-17 of January 6, 1978, as amended in 2004. As such, the internet user has the right to access and rectify information concerning them. They can make the request at any time by mail to the following address: CAFE MOKLAIR, 5 RUE ANDRIEUX, 51100 REIMS or by contact@moklair.com
Article 12 - Archiving and Dispute Resolution
Purchase orders and invoices will be stored on a reliable medium constituting a faithful copy in accordance with the provisions of Article 1348 of the Civil Code. The computerized registers of CAFÉ MOKLAIR will be considered by the parties as proof of communications, orders, payments, and transactions between the parties.
These online terms and conditions of sale are subject to French law.
Any dispute or litigation relating to an order and/or the interpretation of these general conditions is subject to French law. In the event of a dispute relating to the interpretation or execution of the agreements between the buyer and CAFE MOKLAIR, an amicable solution will be sought before any legal recourse. The prior search for an amicable solution does not interrupt the time limits for acting on warranty.
In the absence of an amicable agreement, the competent court will be, at the choice of the plaintiff and in accordance with legal provisions, either that of the place where the defendant resides, or that of the place of actual delivery of the product(s), or that of the place of execution of the service.
In the context of a business-to-business sales contract, the Parties expressly agree to subject this contract to French law.
The Parties expressly agree that the Vienna Convention on the International Sale of Goods cannot be applied in their relationship. To this end, any dispute that has not found an amicable solution will be submitted to the exclusive jurisdiction of the competent courts of Versailles, notwithstanding plurality of defendants and/or warranty claims, even for urgent procedures or conservatory procedures in summary proceedings or by request.
UPDATED: 02/08/2025