GENERAL TERMS AND CONDITIONS OF SALE

Article 1 – GENERAL PROVISIONS RELATING TO THE GENERAL TERMS AND CONDITIONS OF SALE HEREOF

 

The General Terms and Conditions of Sale (the “General Terms and Conditions of Sale“, or the “GTCS“) only apply to the online sale of products proposed by the Trader on their Website.

The GTCS are made available to customers on the Site where they are consultable directly and may also be transmitted on simple request and by all means.

The GTCS are binding on the customer who acknowledges, by checking a box or by clicking a button intended for this purpose, to have fully understood and accepted them before placing any order. Order validation by clicking “Confirm Order” implies the purchaser accepts the GTCS in effect on order date, saved and reproducible by the Trader.

 

Article 2 – PRODUCT DESCRIPTION

 

The Site is an online store selling liqueurs and cream liqueurs (hereinafter referred to as the “Product(s)“) accessible to any natural or legal person using the Site (the “Customer“).

The Products presented on the Site are accompanied by a description (published by the supplier or accessible on the product producer’s website via a link on the Site) detailing their main characteristics. Photos used to illustrate the Products, when applicable, are not a contractual document. In the event where Product usage information is essential, it will be published on the Site or, at the latest, will be included in the delivery. Products comply with the requirements of French Law in effect.

The Customer remains responsible for the conditions and consequences related to their accessing the Site, in particular via Internet. This access may imply the payment of fees to technical service providers such as, in particular, Internet service providers, which are at the Customer’s expense. Furthermore, the Customer must provide and is solely responsible for devices used for logging on to the Site.

The Customer declares that they have checked that the computing configuration they use is secure and in working order.

 

Article 3 – CREATING A PERSONAL CUSTOMER SPACE

 

To place an order on the Site, the Customer must create a personal customer space beforehand. Once the space has been created, to access it, the Customer must identify themselves using their login and secret, personal, confidential password. Pursuant to the provisions under the Article PERSONAL DATA herein, the Customer is solely responsible for ensuring their login and password are not transmitted to any third party. The Customer undertakes to keep their data strictly confidential, in particular their login and password used to access their personal customer space. The Customer understands that they are solely responsible for any access to the Service via their login and password, except in the event of proven fraud. Moreover, the Customer undertakes to inform the Trader immediately in the event of loss, misappropriation or fraudulent use of their login and/or password.

Once the Customer has created their personal customer space, they will receive an email confirming the creation of their personal customer space.

Upon registration, the Customer agrees to:

  • provide genuine, accurate, current information when completing the Service registration form and, in particular, to refrain from using false names and/or addresses, or names and/or addresses which they do not have the authorization to use.
  • keep their registration data updated to ensure said data is permanently genuine, accurate and current.

Furthermore, the Customer undertakes to refrain from making available and/or from disseminating any illegal or objectionable information (such as defamatory information or classed as identity theft) or damaging (such as viruses). Otherwise, the Trader will be in a position to suspend or to terminate the Customer’s access to the Site for which the Customer will be solely responsible for.

 

Article 4 – ORDERS

 

The Trader strives to ensure optimal Product availability. Product offerings are valid while stocks last.

If, despite the Trader’s best efforts, a Product is unavailable following the Customer’s order, the Trader will inform the Customer by email as soon as possible and the Customer will have the choice between:

  • delivery of a Product of equivalent quality and price to the one initially ordered, or
  • reimbursement of the total price of the Product ordered, at the latest within thirty (30) days following reception of the amounts paid.

It is understood that in the event that the Customer chooses to receive reimbursement of the total price of the unavailable Product, the Trader is not liable to pay any cancellation compensation, except in the event where the latter is personally accountable for contract non-performance.

Except unless otherwise stated in the General Terms and Conditions of Sale hereof and without prejudice to the right of withdrawal as provided for under applicable law, Customer orders are final.

When the Customer places an order, they must select the Products they desire, add them to their basket indicating the Products selected and quantity required. The Customer may check order details and total price and may go back to previous pages viewed to correct basket contents before validating.

The Customer agrees to read the General Terms and Conditions of Sale in effect before accepting them and to confirm delivery terms and any delivery or withdrawal costs, if applicable, before paying the order. Order confirmation implies acceptance of the GTCS and forms the contract.

A copy of the General Terms and Conditions of Sale hereof accepted by the Customer will be sent to the Customer by email upon order confirmation for Customer reference purposes.

Order-related contractual information (in particular the order number) will be confirmed by email on a timely basis and at the latest upon delivery. The Trader strongly advises the Customer to print and/or archive this order confirmation in a reliable and sustainable manner as proof of order. A digitalized invoice is drawn up for the Customer in their “My Account” space. The Trader also advises the Customer to print and/or archive the aforementioned invoice in a reliable and sustainable manner as proof of payment.

Any email transmitted to the Customer concerning an order will be sent to the email address used by the Customer when logging into their personal customer space.

The Trader reserves the right not to validate the Customer order for any legitimate reason whatsoever, in particular in the event that:

  • The Customer fails to comply with the General Terms and Conditions of Sale in effect when placing the order;
  • The Customer order timeline shows only payments outstanding for previous orders;
  • One of the Customer’s previous orders is a subject of contention which is currently being dealt with;
  • The Customer did not reply to an order confirmation request transmitted to them by the Trader.

The Trader archives Product sales contracts pursuant to applicable legislation. The Customer may request a copy of any of their contracts by mailing contact@cambusier.com. The Trader will duly transmit a copy of said contract.

Any modifications to orders by the Customer which are subsequent to order confirmation are subject to the Trader’s agreement.

The Customer is solely responsible for any information they transmit when placing the order (in particular name and delivery address). As such, the Trader cannot be held liable, under any circumstances, for any error made when the order is placed which may prevent or delay delivery.

The Customer declares that they have full legal capacity to place orders and to accept the General Terms and Conditions of Sale hereof.

Registration is open to any capable person of legal age and to juveniles provided the latter act under the consent, involvement and supervision of a parent or guardian exercising parental authority. Registration can, under no circumstances, be made on behalf of any third party unless validly empowered to represent the third party (legal person for example). Registration is strictly personal for each Customer.

In the event that the Customer fails to observe any of the provisions hereof, the Trader reserves the right to terminate the Customer’s account without notice.

 

Article 5 – TERMS OF PAYMENT AND SECURITY

 

The Customer expressly understands that any order made on the Site is an order with an obligation to pay, which requires paying a price in order to be supplied with the Product(s) ordered.

In every instance, the Trader reserves the right to check payment validity, by any means necessary, before shipping the order.

The Trader uses the online payment solution [Online payment solution].

Orders may be paid using any of the following:

  • Payment by bank card. Payment is made directly on the secure bank servers of the Trader’s bank; the Customer’s bank details are not transmitted via the Site. Bank details transmitted for payment are protected by a SSL (Secure Socket Layer) encryption process. As such, these details are inaccessible to third parties.

Customer orders are recorded and validated as soon as the bank accepts the payment.

The corresponding amount will be debited from the Customer’s bank account only when (i) the data of the bank card used has been verified and (ii) the debit is accepted by the bank which issued the bank card.

In the event that it is impossible to debit the amounts payable, the sale will become immediately invalid.

The bank card can, in particular, be refused if it has expired, if it has reached its expenditure cap or if the data entered is incorrect.

  • Payment by electronic wallet (example PayPal). The Customer already has an electronic wallet account used by the Trader. The Customer may use this account and pay their order securely without having to transmit their bank details.

If used, the order validated by the Customer will only take effect when the secured bank payment centre confirms the transaction.

As regards checking procedures, the Trader may have to ask the Customer for specific documents or details to finalize the order. These aforementioned will not be used for any other purpose.

 

Article 6 – PAYMENT

 

The Product price in effect when the order is placed is specified in euros and includes all taxes (VAT) but excludes delivery and transport costs. In the case of promotional offers, the Trader undertakes to apply the promotional price to any order placed during the promotional campaign period.

Amounts are payable exclusively in euros (€). Amounts are payable in full once the order has been confirmed. The prices proposed include discounts and rebates which the Trader may grant.

If delivery and/or transport costs are applicable, they will be added to the Product price and specifically detailed before the Customer validates the order. The total amount payable by the Customer and amount details are specified on the order confirmation page.

 

Article 7 – CONTRACT FORMATION

 

The contract between the Trader and the Customer is formed as soon as the Customer confirms their order.

The Customer’s attention is particularly drawn to the method used for accepting the order placed on the Site. When the Customer places an order, they must use the double-click to confirm the order; i.e. once they have selected the Products and added them to their basket, they must then check and, if necessary, modify the contents of their basket (identification, quantities of selected products, price, delivery terms and cost) before confirming by clicking “I confirm delivery”, then they must declare that they accept the GTCS hereof before clicking the “Pay” button, then they must validate their order once they have entered their bank details. The double-click represents the electronic signature and is equivalent to a handwritten signature. This implies the Customer’s irrevocable and unconditional acceptance of the order.

The Trader archives all exchanges, purchase orders and invoices in a reliable and sustainable manner to create an accurate, sustainable copy. These exchanges, purchase orders and invoices may be produced as proof of contract. In the absence of proof to the contrary, the data recorded by the Trader on Internet and/or by telephone constitutes the proof of all transactions between the Trader and its Customers.

The Customer may cancel the order by registered letter with acknowledgement of receipt or in writing in any other sustainable manner, if:

  • the Product delivered does not comply with the specified Product characteristics;
  • delivery exceeds the deadline set in the purchase order or, in the absence of such a deadline, within the thirty (30) days following contract conclusion, after the Trader was ordered, pursuant to the same terms but ineffective, to make delivery within a reasonable subsequent delivery period;
  • the price increase is not justified by a technical modification of the Product imposed by public authorities.

In any event, the Customer may request a refund of the deposit made, plus interest calculated at the legal interest rate from the date the deposit was received.

The Trader may cancel the order if:

  • the Customer/Purchaser refuses to accept delivery;
  • the full amount (or the balance remaining) has not been paid when delivery is made.

 

Article 8 – RETENTION OF TITLE

 

The Trader retains exclusive title to the Products ordered on the Site until they are fully-paid by the Customer, including any shipping/delivery costs.

 

Article 9 – SHIPPING AND DELIVERY

 

The online sales offers presented on the Site are reserved for consumers residing in France or, where applicable, in a Member State of the European Union, and for delivery to these same geographical areas.

Delivery refers to the transfer to the Customer of the physical possession or control of the Product.

The Products ordered are delivered to the address which the Customer has stipulated. The package will be shipped to the recipient by a carrier of our choice.

All orders are processed by the Trader’s Internet Customer Service and shipped from Monday to Friday inclusive, except for national holidays.

Shipping takes, on average, between 2 to 3 business days. It may be longer during peak activity periods or in the event of exceptional closure. Delivery deadline will not exceed thirty (30) days. Beyond this deadline, the Customer has the right to claim a refund within fourteen (14) days after the claim has been received.

The Trader undertakes, pursuant to the delivery deadline specified on the Site for each Product, to deliver the Products within thirty (30) days upon receipt of the order.

Delivery deadlines are specified as business days on the Site when the order is placed. These deadlines include order picking and shipping as well as the deadline established by the carrier.

The Trader undertakes to ship the Products pursuant to the deadlines specified on each Product datasheet and in the basket/checkout area, provided payment for the order has not been refused.

Notwithstanding, if one or several Products cannot be delivered within the initially-specified deadline, the Trader will transmit an email to the Customer mentioning the new delivery date.

The Products will be delivered to the address which the Customer specified when placing the order. The Customer is responsible for ensuring that there are no errors in the address. The Trader cannot be held liable if the address the Customer transmits is incorrect and, as such, delays or prevents delivery.

Upon delivery, the Customer may be asked to sign a delivery receipt.

Deliveries cannot be made to post boxes.

Upon delivery, the Customer is responsible for checking that the Products delivered comply with their order and that the package is sealed and not damaged. If this is not the case, the Customer must mention this on the delivery slip. No claim as regards Product quantity and/or condition will be valid unless mentioned on the delivery slip.

 

Article 10 – RIGHT OF WITHDRAWAL

 

If the Customer is not fully satisfied with a Product, they may return it to the Trader. The Customer has fourteen (14) days to do so from the date they received their order.

Pursuant to Article L.221-21 of the French Consumer Code and to initiate this right of withdrawal pursuant to the conditions under Articles L.221-18 et al of the French Consumer Code, the Customer is required to notify their decision in a clear statement free of any ambiguities.

The Trader will transmit an acknowledgement of receipt for the Customer’s request of withdrawal by email.

Where appropriate, the Customer may exercise their right of withdrawal by mentioning the following details to the Trader:

  • name, address, telephone and email address;
  • decision to withdraw in a clear statement free of any ambiguities (for example, by postal letter fax or email if contact details are available and, as such, appear on the standard withdrawal form). The Customer may use the withdrawal form model but is not obliged to do so.

Return shipping costs are at the Customer’s expense, except if the Product cannot normally be returned via the Post Office, in this case the Trader will collect the Product at their own expense.

Exceptions to Article L.221-28 of the French Consumer Code are applicable and impede exercise of the right of withdrawal, in particular whenever the order is a contract for:

  • the supply of services fully performed before the end of the withdrawal period and for which performance began following the consumer’s express prior consent and express waiver of their right of withdrawal;
  • the supply of goods or services for which the price is dependent on fluctuations in the financial market which cannot be controlled by the trader and which may occur within the withdrawal period;
  • the supply of goods made to the consumer’s specifications or clearly personalized;
  • the supply of goods which are liable to deteriorate or expire rapidly;
  • the supply of goods which were unsealed by the consumer following delivery and which cannot be returned on grounds of protection of health and hygiene;
  • the supply of goods which, following delivery and by their very nature, are inseparably mixed with other items;
  • the supply of alcoholic beverages for which delivery can only take place beyond the thirty (30) days and the actual value which was agreed upon when the contract was concluded is dependent on fluctuations in the market which cannot be controlled by the trader;
  • for which the consumer has specifically requested the trader to visit them at home for the purpose of carrying out repairs or maintenance urgently, within the limits of replacement parts and work strictly required to address the emergency;
  • the supply of sealed audio or video recordings or computer software which were unsealed by the consumer following delivery;
  • the supply of newspapers, periodicals and magazines, with the exception of subscription contracts;
  • concluded at a public auction;
  • the provision of accommodation, other than residential accommodation, the provision of transport, car rental services, catering or leisure services which must provide for a specific date or period of performance;
  • the supply of digital content which is not supplied on hardware support and for which performance began following the consumer’s express prior consent and express waiver of their right of withdrawal.

The returned Product must be in its original packaging, in perfect condition, ready for resale, unused and accompanied by its accessories, if any.

In addition to the Product returned, the package must also contain a letter specifying the Customer’s full, accurate contact details (first name, surname, address) as well as the order number and the original purchase invoice.

The Trader will reimburse the Customer the total Product amount within fourteen (14) days upon receipt of the Product and all elements required to initiate the aforementioned reimbursement. This reimbursement may be paid using the same method of payment which the Customer used. As such, the Customer who paid their order using credit notes / gift vouchers may be reimbursed in credit notes / gift vouchers according to the Trader’s wishes.

By accepting the General Terms and Conditions of Sale hereof, the Customer expressly acknowledges that they have been informed of the conditions for withdrawal.

 

Article 11 – CUSTOMER SERVICE

 

The Customer may contact the Trader:by email on contact@cambusier.com, specifying their name, telephone number, purpose of their request and number of the order concerned.

 

Article 12 – INTELLECTUAL PROPERTY AND SITE USER LICENCE

 

The Trader is the sole holder of all the elements on this Site, in particular but not limited to, all texts, files, animated and non-animated images, photos, videos, logos, illustrations, models, software, brands, visual identity, database, Site structure and any other intellectual property element and other data and/or information (hereinafter referred to as the “Elements“) which are protected by French and international laws and regulations in particular on intellectual property.

Consequently, no Element on the Site may be totally or partially modified, copied, replicated, sold, resold, transmitted, published, communicated, distributed, disseminated, represented, stored, used, rented or exploited in any other way, be it free-of-charge or against payment, by any Customer or any third party, by any means and/or by any media, currently known or unknown, without the prior express written agreement of the Trader which is given on a case by case basis, and the Customer is solely liable for any unauthorized use and/or exploitation.

Furthermore, it is pointed out that the Trader is not the owner of any content the Customers publish online and for which the latter are held totally liable and guarantee the Company against any action in this regard. The Customers grant the Trader a worldwide non-exclusive, transferable, sub-licensable, free-of-charge licence to use the intellectual property content they publish on the Site, for its full protection period.

The Trader reserves the right to take any legal remedy against any person who infringes the proscriptions contained in the Article hereof.

 

Article 13 – LIABILITY AND GUARANTEE

 

The Trader cannot be held liable for contract non-performance for which the Customer is responsible or which is due to an event qualified by the competent courts as force majeure or which is due to unforeseeable or insurmountable actions of any third party hereto.

The Trader cannot be held liable for any data or information imported, stored and/or published on the Site by Customers. The Trader cannot be held liable for any data or information a Customer publishes on the Site or for any direct or indirect damage which this utilization may cause to third parties; the Customer at the origin of the publication is solely liable in this regard.

The Customer understands that given the characteristics and constraints of Internet, the security, availability and integrity of any data or information transmitted on Internet cannot be ensured. As such, the Trader cannot ensure that the Site and its services will work without interruption or without malfunction. In particular, their utilization may be momentarily interrupted for maintenance, updates and technical enhancements, or for enriching content and/or its presentation.

The Trader cannot be held liable for any use of the Site and/or its services by Customers which infringes the General Terms and Conditions of Sale hereof or for any direct or indirect damage which this use may cause a Customer or a third party. In particular, the Trader cannot be held liable for any false declarations made by a Customer or for a Customer’s behaviour vis-à-vis third parties. In the event where the Trader’s responsibility may be sought because of the behaviour of one of its Customers, the latter undertakes to guarantee the Trader against any judgement pronounced against it and to reimburse the Trader any costs, in particular lawyers’ fees, incurred for its defence.

The Customer is solely responsible for any content they publish online on the Site, for which they expressly declare they have full rights and, as such, ensure the Trader that they will not publish online any content which may infringe third party rights, in particular intellectual property rights, or which may violate human rights (in particular defamation, insults, verbal abuse, etc.), the right to privacy, public order and/or accepted standards of behaviour (in particular condoning crimes against humanity, incitement to racial or ethnic hatred, child pornography, etc.). In the event of violation of laws in effect, of accepted standards of behaviour or of the General Terms and Conditions of Sale hereof, the Trader may exclude ipso jure any Customers who demonstrate such violations and may remove information and/or links to this litigious content. The Trader is qualified as the host when content is published online by third parties. As such, it should be noted that the law places no general obligation on the Trader to monitor content transmitted or stored via the Site. In the event where the Trader’s responsibility may be sought because of content published online by a Customer, the latter undertakes to guarantee the Trader against any judgement pronounced against it and to reimburse the Trader any costs, in particular lawyers’ fees, incurred for its defence.

Irrespective of any additional contractual guarantee (commercial guarantee) which may be granted, the Products are covered by the legal guarantee of conformity provided for under Articles L.217-4 et al of the French Consumer Code (in particular L.217-4 to 217.14 of the French Consumer Code), and by the guarantee covering hidden defects provided for under Articles 1641 to 1649 of the French Civil Code.

When you are covered by the legal guarantee of conformity:

  • you are covered for two (2) years from the date of delivery of the goods:
  • you may choose between repair or replacement of the goods, subject to the pricing terms and conditions provided for under Article L.217-9 of the French Consumer Code;
  • you are not required to prove the existence of the lack of conformity of the goods during twenty-four (24) months following delivery of the goods (except in the case of second-hand goods).

You can choose to use the hidden defect guarantee for the goods under Article 1641 of the French Civil Code. In this case, you may choose to cancel the sale or to request a price discount pursuant to Article 1644 of the French Civil Code.

Reproduction of Articles L.217-4, L.217-5, L.217-7, L.217-9 and L.217-12 of the French Consumer Code, of Article 1641, 1644 and of the first paragraph of Article 1648 of the French Civil Code, as in effect at the date of the General Terms and Conditions of Sale hereof:

Art. L.217-4 of the French Consumer Code:

“The seller delivers goods which comply with the contract and responds to defects of conformity which exist at the time of issuance. They must also respond to conformity defects resulting from the packaging, instructions for assembly or installation when these have been made their responsibility by the contract or have been produced under their responsibility.”

Art. L.217-5 of the French Consumer Code:

“To comply with the contract, the goods must:

1° Be appropriate for the use normally expected for such goods and, where appropriate:

– correspond to the description given by the seller and have the qualities presented to the customer in the form of a sample or model;

– have the qualities that a customer might legitimately expect in view of public statements made by the seller, the manufacturer or their representative, in particular in terms of advertising and/or labelling;

2° Or present the characteristics defined by mutual agreement by the parties or be appropriate for any special use sought by the customer that has been brought to the notice of the seller and which the latter has accepted.”

Art. L.217-7 of the French Consumer Code:

“Any lack of conformity which becomes apparent within twenty-four months following delivery of the goods is presumed to have existed at the time of delivery unless otherwise proved.

For second-hand goods, this period is reduced to six months.

The seller can oppose this presumption if it is incompatible with the nature of the goods or the nature of the lack of conformity invoked.”

Art. L.217-9 of the French Consumer Code:

“In the event of lack of conformity, the purchaser may choose between repair or replacement of the goods. Notwithstanding, the seller may decide not to honour the purchaser’s choice if this option involves an obviously disproportionate cost compared to the other option, taking into account the value of the goods and the significance of the defect. As such, the seller is obliged to implement the option not chosen by the purchaser.”

Art. L.217-12 of the French Consumer Code:

“Action resulting from a lack of conformity is barred by limitation for two years from the delivery of the goods.”

Art. 1641 of the French Civil Code:

“The seller is bound to the guarantee on account of the hidden defects of the product sold which render it unfit for the use for which it was intended, or which so impair that use that the purchaser would not have purchased it, or would only have offered a lower price for it, had they known of them.”

Art. 1644 of the French Civil Code:

“In the case of Articles 1641 and 1643, the purchaser has the choice to return the goods and to be reimbursed, or to keep the goods and to request a price discount.”

Art. 1648, 1st paragraph, of the French Civil Code:

“The action resulting from critical flaws must be brought by the purchaser within a period of two years following the discovery of the critical flaw.”

It should be noted that seeking amicable settlement prior to any legal proceedings does not interrupt the legal guarantee coverage periods or that of any contractual guarantee.

 

Article 14 – COMMERCIAL GUARANTEE

 

The commercial guarantee (Trader’s contractually binding commitment, in addition to their legal obligations concerning Product guarantee of conformity) is subject to a written contract pursuant to the provisions of Articles L.217-15 et al of the French Commercial code of which a copy is transmitted to the Customer.

 

Article 15 – PERSONAL DATA

 

The User is informed under the General Terms and Conditions of Sale hereof that personal data considered as compulsory on forms and collected for the service described in the General Terms and Conditions of Sale hereof is necessary to be able to use the Site. The User’s personal data which the Trader collects may include:

  • Their first names and surnames
  • Their email address
  • Their telephone number
  • Their date of birth
  • Their gender
  • Their IP address (their computer’s virtual address)
  • Their password

The Trader undertakes to protect Customers’ personal data and all personal data obtained through the use of Site services.

As such, each Customer is solely responsible for keeping their login and password strictly confidential and is solely responsible for any access to their Customer Account, whether this access is authorized or not.

The Trader cannot be held liable for any harmful action or event initiated via the Customer’s personal space by a third party which has had access to the login and password following a fault or negligence attributable to the Customer. The Customer undertakes to inform the Trader immediately as soon as they are aware or suspect non-authorized use of or non-authorized access to their personal space.

All personal data collected by the Trader is collected directly from the Customer and processed by the Trader to implement and manage Site services. This data may also be used to compile statistics to improve Site services. This data may be transmitted to Trader partners and suppliers involved in the order processing delivery, invoicing and management processes as well as for marketing and customer relations management purposes.

 

Article 16 – HYPERLINKS

 

The hyperlinks available on the Site may redirect to third-party sites which are not published by the Trader. They are provided exclusively for Customer convenience, to facilitate the use of resources available on Internet. If the Customer uses these links, they will leave the Site and accept to use third-party sites at their own risk or, where applicable, pursuant to the terms and conditions governing them.

The Customer understands that the Trader does not monitor or contribute in any way to the drafting of any terms and conditions of use and/or content applying to or published on these third-party sites.

Consequently, the Trader cannot be held liable in any manner whatsoever for these hyperlinks.

Furthermore, the Customer understands that the Trader cannot endorse, guarantee or include all or part of these conditions of use and/or content applying to or published on these third-party sites.

The Site may also contain promotional hyperlinks and/or banner ads redirecting to third-party sites which are not published by the Trader.

The Trader invites the Customer to inform them of any hyperlink on the Site which gives access to third-party sites proposing content which violates laws and/or accepted standards of behaviour.

The Customer cannot use and/or insert a hyperlink directing to the site without the Trader’s prior written agreement, given on a case by case basis.

 

Article 17 – GENERAL PROVISIONS

ENTIRE AGREEMENT BETWEEN THE PARTIES

 

The General Terms and Conditions of Sale hereof form a contract governing the relationship between the Customer and the Trader. They constitute all the rights and obligations of the Company and the Trader as regards their purpose. In the event that one or several provisions of the General Terms and Conditions of Sale hereof were to be declared null and void pursuant to a law, a regulation or following a final decision by a competent court, the other provisions will retain their full force and scope. Furthermore, in the event that a party of the General Terms and Conditions of Sale hereof does not invoke the failure of the other party to meet one or more contractual provisions of the General Terms and Conditions of Sale hereof cannot be construed as a waiver by the party to invoke such a failure in the future.

 

MODIFICATIONS TO TERMS, CONDITIONS AND/OR THE SITE

 

The Trader reserves the right to modify Site content and/or Site-related services at any time, without notice, and/or to temporarily or permanently discontinue operating all or part of the Site.

Furthermore, the Trader reserves the right to modify Site location on Internet at any time, without notice, as well as the General Terms and Conditions of Sale hereof. The Customer is, therefore, required to refer to the General Terms and Conditions of Sale hereof before using the Site.

The Customer understands that the Trader cannot be held liable in any way whatsoever to the Customer or to any third party for these modifications, interruptions or discontinuations.

The Trader advises the Customer to save and/or to print the General Terms and Conditions of Sale hereof for safe, sustainable keeping and, as such, to be able to invoke them at any time during contract performance, if required.

 

APPLICABLE LAW

 

The General Terms and Conditions of Sale hereof are governed, interpreted and applied pursuant to French law.

 

ACCEPTANCE BY THE CUSTOMER OF THE GENERAL TERMS AND CONDITIONS OF SALE HEREOF

 

The Customer acknowledges that they have read the General Terms and Conditions of Sale hereof carefully.

By registering on the Site, the Customer confirms they have fully understood and accept the General Terms and Conditions of Sale hereof, contractually binding them by the General Terms and Conditions of Sale hereof.

The General Terms and Conditions of Sale applicable to the Customer are those which are available at the date the order is placed and for which an order-dated copy may be transmitted to the Customer upon request. As such, it is pointed out that any modification to the General Terms and Conditions of Sale made by the Trader will not apply to any order placed beforehand, unless the Customer who placed the order gives their express agreement.

 

PROTECTION OF CHILDREN AND PREGNANT WOMEN

 

Pursuant to Article L.3342-1 of the French Public Health Code which states that the sale of alcohol to minors under the age of eighteen (18) is prohibited, by completing the purchase order, the purchaser declares they are eighteen years old or over at the date they place the order.

The consumption of alcoholic beverages during pregnancy can have serious consequences on the health of the child.

 

ALCOHOL MISUSE

 

Excessive drinking is dangerous for health. Please consume and appreciate with moderation.

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