The present general conditions of sale are concluded between the Société Marnaise de Spiritueux SAS, located at Le Faubourg d'En Bas, 02310 Nogent l'Artaud, registered at the RCS Soissons under the number 908 464 472, with a share capital of 12,000.00 euros, represented by Mr. Georges Laplanche, President, duly authorized for the purposes of the present.
Hereinafter the "Seller" or the "Company" on the one hand,
And the natural or legal person of legal age wishing to purchase products or services on the website www.laconspiration-spiritueux.com, hereinafter referred to as "the Buyer" or "the Customer" on the other hand,
It was exposed and agreed what follows:
The Seller is a supplier of Distillation and Alcohol Production Products and Services for adult consumers, marketed through its website (www.laconspiration-spiritueux.com). The list and description of the goods and services offered by the Company can be consulted on the aforementioned site.
The parties agree that their relations will be exclusively governed by this contract, to the exclusion of any other condition.
Any order duly validated on the site www.laconspiration-spiritueux.com implies total and unconditional acceptance of these general conditions of sale and, possibly, of the particular or specific conditions for one or more products, services or orders.
If a condition were to be missing, it would be considered to be governed by the practices in force in the distance selling sector whose companies have their headquarters in France. The Société Marnaise de Spiritueux commits itself to respecting all the provisions of the French Consumer Code relating to distance selling.
The company can be reached by email by clicking on the contact form accessible via the homepage of the site, by email email@example.com or directly by using the address La Société Marnaise de Spiritueux SAS, Le Faubourg d'En Bas, 02310, Nogent l'Artaud France
Article 1: Purpose
The present General Terms and Conditions of Sale (GTCS) aim to define the terms and conditions of sale between the seller and the user, from the order to the services, including payment and delivery.
They regulate all the steps necessary for the placing of the order and ensure the follow-up of this order between the contracting parties.
Article 2: General provisions
The present General Terms and Conditions of Sale (GTCS) govern the sale of Products or Services, made through the Company's websites, and are an integral part of the Contract between the Buyer and the Seller. They are fully enforceable against the Buyer who has accepted them before placing an order. The Seller reserves the right to modify the present terms and conditions at any time by publishing a new version on its website. The applicable GTC are those in force at the date of payment (or first payment in case of multiple payments) of the order. These GTC are available on the Company's website at the following address: www.laconspiration-spiritueux.com
The Company also ensures that their acceptance is clear and without reserve by putting in place a checkbox and a validation click. The Client declares that he has read all of these General Terms and Conditions of Sale, and, if applicable, the Special Terms and Conditions of Sale related to a product or service, and accepts them without restriction or reservation.
The Customer acknowledges that he/she has received the necessary advice and information in order to ensure that the offer meets his/her needs.
The Customer declares that he/she is legally able to contract under French law or that he/she can validly represent the individual or legal entity for which he/she is contracting.
Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
Article 3: Prices
The prices of the products sold through the website are indicated in Euros, all taxes included, and precisely determined on the pages of description of the Products, excluding participation in the costs of processing and shipping (at the expense of the Customer).
The seller reserves the right to modify its prices at any time but the products will be invoiced on the basis of the rates in force at the time of the recording of the orders. The prices indicated on the site are guaranteed for the duration of the on-line publication and within the limits of available stocks. The telecommunication costs necessary to access the Company's website are at the expense of the Customer. Where applicable, delivery costs are also charged.
For all products shipped outside the European Union and/or French overseas departments and territories, the price is automatically calculated exclusive of taxes on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums are not the responsibility of the Seller. They shall be the responsibility of the Buyer (declarations, payment to the competent authorities, etc.). The Seller invites the buyer to inquire about these aspects with the corresponding local authorities.
Article 4: Conclusion of the online contract
The order can only be registered on the site if the user has clearly identified himself by entering his personal information.
The user declares to be at least 18 years old and to have legal capacity.
Any order implies acceptance of the prices and description of the products available for sale.
The user declares to have read and accepted the present General Conditions of Sale before placing your order. The validation of your order therefore implies acceptance of these Terms and Conditions of Sale.
After placing the order, the seller sends an e-mail to the user confirming it.
The seller informs about the shipment of the articles. The user has the possibility to modify the order until the date of shipment of the articles.
The Société Marnaise de Spiritueux commits itself to honor the orders received on the website only within the limits of the available stocks of the products. If the product is not available, the seller commits to inform the user.
In accordance with the provisions of Article 1127-1 of the Civil Code, the Customer must follow a series of steps to conclude the contract by electronic means in order to be able to complete the order:
- Information on the essential characteristics of the Product;
- Choice of the Product and, if applicable, of its options
- Indication of the Customer's essential details (identification, email, address...);
- Acceptance of the present General Conditions of Sale
- Verification of the elements of the order (double click formality) and, if necessary, correction of errors. Before proceeding to its confirmation, the Buyer has the possibility to check the details of his order, its price, and to correct any errors or cancel his order. The confirmation of the order will entail the formation of this contract. Then, the instructions for payment are followed, payment of the products, and delivery of the order. The Customer will receive confirmation by e-mail of the payment of the order, as well as an acknowledgement of receipt of the order confirming it. During the ordering process, the customer will have the opportunity to identify and correct any errors made in the data entry. The language proposed for the conclusion of the contract is French.
The terms and conditions of the offer are sent by email to the buyer at the time of the order and archived on the website of the Seller (as well as the general conditions of sale).
The archiving of the communications, the order, the details of the order, as well as the invoices is carried out on a reliable and durable support so as to constitute a faithful and durable copy in accordance with the provisions of article 1360 of the civil code. This information can be produced as proof of the contract.
For the delivered products, the delivery will be made to the address indicated by the Customer. For the purpose of the order, the Customer undertakes to provide true identification details. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
Article 5: Products and services
The essential characteristics of the goods, services and their respective prices are made available to the buyer on the company's websites, as well as, where appropriate, the method of use of the product. In accordance with Article L112-1 of the Consumer Code, the consumer is informed, by marking, labeling, displaying or any other appropriate process, of the prices and particular conditions of the sale and performance of the services before any conclusion of the sales contract. In all cases, the total amount due by the Buyer is indicated on the order confirmation page. The selling price of the product is the one in force indicated on the day of the order, this one not including the shipping costs invoiced in supplement. These possible expenses are indicated to the Buyer during the process of sale, and in any case at the time of the confirmation of the order. The Seller reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the order. When the products or services are not executed immediately, clear information is given on the product presentation page as to the delivery dates of the products or services. The customer certifies that he has received a detail of the delivery costs as well as the terms of payment, delivery and execution of the contract, as well as detailed information regarding the identity of the seller, his postal, telephone and electronic contact details, and his activities in the context of the present sale. The Vendor undertakes to honour the Customer's order within the limits of available stocks of Products only. In the event of failure to do so, the Seller shall inform the Customer; if the order has been placed, and if no agreement has been reached with the Customer on a new delivery date, the Seller shall refund the Customer. The contractual information is presented in detail and in the French language. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The duration of validity of the offer of the Products as well as their prices is specified on the Company's websites, as well as the minimum duration of the proposed contracts when they concern a continuous or periodic supply of products or services. Except under special conditions, the rights granted hereunder are granted only to the natural person who signs the order (or the person who holds the email address provided).
Article 6: Conformity
The Société Marnaise de Spiritueux has for all the stages of order taking as well as for the stages subsequent to the conclusion of the contract an obligation of result.
Thus the seller commits himself to describe with the greatest accuracy the products sold on the website www.laconspiration-spiritueux.com
The responsibility of the salesman could not be committed in the case where the non-fulfilment of its obligations would be ascribable either to the unforeseeable and insurmountable fact of a third with the contract or with a case of absolute necessity as defined by the French Jurisprudence. Likewise, the seller cannot be held responsible for any inconvenience or damage inherent to the use of the Internet network, in particular a break in service, an external intrusion or the presence of computer viruses.
In accordance with Article L.411-1 of the Consumer Code, the products and services offered for sale through these GTCs meet the requirements in force relating to the safety and health of persons, the fairness of commercial transactions and consumer protection. Independently of any commercial guarantee, the Seller remains responsible for the defects of conformity and the hidden defects of the product.
In accordance with article L.217-4, the seller delivers a good in conformity with the contract and is responsible for the defects of conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was put at his charge by the contract or was carried out under his responsibility.
In accordance with the legal provisions concerning conformity and hidden defects (art. 1641 of the Civil Code), the Seller shall refund or exchange defective products or products that do not correspond to the order. The refund can be requested in the following way: filing a claim to the address: La Société Marnaise de Spiritueux SAS, Le Faubourg d'En Bas, 02310 Nogent l'Artaud, France.
Article 7: Retention of title clause
The products remain the property of the Company until full payment of the price.
Article 8: Terms of delivery
The products are delivered to the delivery address that was indicated at the time of the order and within the time indicated. These deadlines do not take into account the preparation time of the order (48 hours, excluding Sundays and holidays). When the Customer orders several products at the same time, they may have different delivery times, delivered according to the following methods: delivery via one or more packages.
The order will arrive within an average of 5 working days and within a maximum of 10 working days. In the absence of exceptional availability of the product, the seller undertakes to inform the user of the site.
If the seller is aware of a total delivery time of more than 30 days, he may propose to the user a cancellation of the initial order while waiting for the product to be restocked.
In the event of a delay in delivery, the Customer has the option of cancelling the contract under the terms and conditions defined in Article L 138-2 of the Consumer Code. The Vendor shall then proceed to reimburse the product and the "outward" shipping costs under the conditions of Article L 138-3 of the Consumer Code. The Seller provides a contact point via its email address indicated in the order confirmation email in order to ensure the follow-up of the order. The Seller reminds that when the Customer takes physical possession of the products, the risks of loss or damage of the products are transferred to him. It is the Customer's responsibility to notify the carrier of any reservations about the delivered product.
The amount of the delivery is calculated automatically and will appear in the basket before the online payment of the order.
Any order placed on the site and delivered outside France and, in general, outside the European Union 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 an item are the responsibility of the Customer. The Seller is not obliged to check and inform about the applicable customs duties and taxes. To know them, we advise the user to inquire with the competent authorities of his country.
Article 9: Availability and presentation
In case of unavailability of an article for a period of more than 30 working days, you will be immediately warned of the foreseeable delays of delivery and the order of this article could be cancelled on simple request. The customer may then request a credit note for the amount of the article or a full refund and cancellation of the order.
Article 10: Payment
Payment is due immediately upon ordering, including for pre-ordered products. The Customer can pay by credit card (Amex, Carte bleue, Mastercard, Visa), Apple Pay and Paypal. Cards issued by banks located outside of France must be international bank cards (Mastercard or Visa). Secure online payment by credit card is made by our payment provider (Shopify Payments). The information transmitted is encrypted according to the rules of the art and cannot be read during transport on the network. Once the payment is initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay by card is irrevocable. By communicating his banking information at the time of the sale, the Customer authorizes the Seller to debit his card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or the impossibility of debiting the card, the Sale is immediately cancelled by right and the order cancelled.
Article 11: Withdrawal: deadline and consequences
In accordance with the provisions of Article L 221-5 of the Consumer Code, the Buyer has the right to withdraw without giving any reason, within fourteen (14) days from the date of receipt of his order. The right of withdrawal can be exercised by contacting the Company in the following manner. We inform Customers that in accordance with the provisions of Articles L. 221-18 to L. 221-28 of the French Consumer Code, this right of withdrawal cannot be exercised for any item for which a manufacturing or delivery process is underway.
The withdrawal period expires fourteen days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the goods.
To exercise the right of withdrawal, you must notify us at the following address before the return shipment of the goods: firstname.lastname@example.org
In order for the withdrawal period to be respected, it is sufficient for you to transmit your communication concerning the exercise of the right of withdrawal before the expiration of the withdrawal period.
The return of products must be made in their original condition and complete (packaging, accessories, instructions ...) and must be accompanied by a copy of the proof of purchase.
In case of exercising the right of withdrawal within the above-mentioned period, the price of the product(s) purchased and the shipping costs will be reimbursed, the return costs remaining at the Customer's expense (with the exception of additional costs arising from the fact that you have chosen, if applicable, a delivery method other than the less expensive standard delivery method that we offer) without undue delay and, in any event, no later than fourteen days from the day we are informed of your decision to withdraw from this contract. We will proceed to the refund using the same means of payment that you used for the initial transaction; in any case, this refund will not incur any costs for you. The refund will be made within 10 to 15 days after receipt and verification of the items.
You must return the goods to us without undue delay and, in any event, no later than fourteen days after you have informed us of your decision to withdraw from this contract. This deadline is deemed to have been met if you return the goods before the expiry of the fourteen-day period.
Article 12: Guarantees
In accordance with the law, the Seller assumes the following guarantees: of conformity and relative to the hidden defects of the products. The Seller shall reimburse the buyer or exchange the apparently defective products or those that do not correspond to the order placed. The request for refund must be made in the following way: filing a complaint to the address La Société Marnaise de Spiritueux SAS, Le Faubourg d'En Bas, 02310 Nogent l'Artaud, France.
The Seller reminds that the consumer: - has a period of 2 years from the delivery of the goods to act with the Seller - can choose between the replacement or repair of the goods subject to the conditions provided by the provisions above. apparently defective or not corresponding - is exempted from proving the existence of the lack of conformity of the goods during the six months following the delivery of the goods. - that, except for second-hand goods, this period will be extended to 24 months as of March 18, 2016 - that the consumer may also assert the warranty against hidden defects in the thing sold within the meaning of Article 1641 of the Civil Code and, in this case, he may choose between the resolution of the sale or a reduction in the sale price (provisions of Articles 1644 of the Civil Code).
The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
Any user of the site who does not have a customer account will have to follow a registration procedure allowing him to open his customer account. The login and password are confidential data that the customer will not disclose to third parties. In case of doubt about the unauthorized use of the account, the customer must promptly notify the seller.
In all cases, the online provision of the credit card number and the final validation of the order will be considered as proof of the completeness of the said order in accordance with the provisions of the law of March 13, 2000 and will be considered as due and payable for the sums engaged by the seizure of the articles appearing on the order form.
This validation is worth signature and express acceptance of all the operations carried out on the site. However, in case of fraudulent use of his credit card, the customer is invited, as soon as this use is noticed, to contact the customer service of the seller by writing to email@example.com
Article 13: Complaints and mediation
If necessary, the Buyer can present any complaint by contacting the company by means of the following coordinates La Société Marnaise de Spiritueux SAS, Le Faubourg d'En Bas, 02310 Nogent l'Artaud, France. In accordance with the provisions of art. L. 611-1 to L. 616-3 of the French Consumer Code, the consumer is informed that he/she may have recourse to a consumer mediator under the conditions provided for in Title I of Book VI of the Consumer Code. In case of failure of the request of complaint to the customer service of the Seller, or in the absence of answer within two months, the consumer can submit the dispute to a mediator who will try in all independence to bring closer the parties in order to obtain a friendly solution.
Article 14: Resolution of the contract
The order can be cancelled by the buyer by registered letter with acknowledgement of receipt in the following cases:
- delivery of a product that does not conform to the characteristics of the order;
- delivery beyond the deadline fixed at the time of the order or, in the absence of date, within thirty days following the payment;
- unjustified price increase or modification of the product. In these cases, the buyer can demand the refund of the deposit paid plus interest calculated at the legal rate from the date of collection of the deposit.
Article 15: Intellectual property rights
The brands, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Article 16: Completeness and duration
In the event that one of the clauses of this contract is null and void due to a change in legislation, regulations or a court decision, this shall in no way affect the validity of and compliance with these general conditions of sale.
The present conditions apply during all the duration of the online services offered by the Société Marnaise de Spiritueux.
Article 17: Force majeure
The execution of the seller's obligations under the present terms is suspended in case of a fortuitous event or force majeure that would prevent its execution. The seller will notify the customer of the occurrence of such an event as soon as possible.
Article 18: Nullity and modification of the contract
If one of the stipulations of the present contract were to be nullified, this nullity would not entail the nullity of the other stipulations which will remain in force between the parties. Any contractual modification is only valid after a written and signed agreement of the parties. Article 18: Protection of personal data in accordance with Regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, the Seller implements a processing of personal data which has for its purpose the sale and delivery of products and services defined in this contract. The Buyer is informed of the following elements:
- the identity and contact details of the data controller and, where applicable, of the data controller's representative: the Seller, as indicated at the top of these GTC;
- the contact details of the Data Protection Officer:
- the legal basis of the processing: contractual performance
- the recipients or categories of recipients of the personal data, if any: the controller, its marketing departments, the departments in charge of IT security, the department in charge of sales, delivery and ordering, the subcontractors involved in the delivery and sales operations, as well as any authority legally authorized to access the personal data in question
- no transfer outside the EU is planned
- the duration of data retention: the time of the commercial prescription
- the data subject has the right to request from the controller access to personal data, rectification or erasure of personal data, or a restriction of the processing relating to the data subject, or the right to object to the processing and the right to data portability
- the data subject has the right to lodge a complaint with a supervisory authority
- the information requested at the time of the order is necessary for the preparation of the invoice (legal obligation) and the delivery of the ordered goods, without which the order cannot be processed. No automated decision or profiling is implemented through the ordering process.
The archiving of purchase orders and invoices is made on a reliable and durable medium so as to correspond to a faithful and durable copy in accordance with Article 1348 of the Civil Code.
Article 19: Consumer information
For the purposes of consumer information, the provisions of the Civil Code and the Consumer Code are reproduced below: Article 1641 of the Civil Code: The seller is bound by the warranty for hidden defects of the thing sold which make it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lower price, if he had known about them. Article 1648 of the Civil Code: The action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, under penalty of foreclosure, within one year of the date on which the seller may be relieved of the defects or apparent lack of conformity.
Article L. 217-4 of the French Consumer Code: The seller delivers goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also responsible for defects of conformity resulting from the packaging, the assembly instructions or the installation when the latter was put at his charge by the contract or was carried out under his responsibility.
Article L. 217-5 of the French Consumer Code: The good is in conformity with the contract: 1° If it is fit for the use usually expected of a similar good and, if applicable : - if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model; - if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling; 2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and that the latter has accepted
Article L. 217-12 of the French Consumer Code: The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article L. 217-16 of the French Consumer Code: When the buyer asks the seller, during the course of the commercial warranty granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the duration of the warranty that remained to run. This period runs from the date of the buyer's request for intervention or the availability of the item in question for repair, if this availability is subsequent to the request for intervention.
Article 20: Applicable law and clauses
All the clauses appearing in the present general conditions of sale, as well as all the operations of purchase and sale which are referred to there, will be subjected to the French law. The nullity of a contractual clause does not entail the nullity of the present general conditions of sale.