General terms and conditions of sale
These general terms and conditions of sale (hereinafter the “Terms and conditions”) apply to any purchase made by an individual (hereinafter the “CUSTOMER”) on the website www.iltis.fr/ (hereinafter the “WEBSITE”) from the company Jacques ILTIS et Fils, SARL, registered with the trade and companies register under number 432459998 with its head office located 1 rue Schlossreben, 68590 Saint-Hipolyte, France, phone number +33389730067, email: jacques.iltis at iltis.fr (hereinafter the “SELLER”).
IMPORTANT
Any order placed on the Website implies the CUSTOMER’s full and unconditional acceptance of these general terms and conditions.
ARTICLE 1. DEFINITIONS
In these General Terms and Conditions, the terms used below have the following meanings:
ARTICLE 2. PURPOSE
These Terms and Conditions govern the sale of PRODUCTS by the SELLER to its CUSTOMERS.
The CUSTOMER is clearly informed and acknowledges that the WEBSITE is intended for consumers, and that professionals must contact the SELLER’s sales department to benefit from separate contractual terms.
ARTICLE 3. ACCEPTANCE OF THE TERMS AND CONDITIONS
The CUSTOMER agrees to read these Terms and Conditions carefully and to accept them before proceeding with the payment for an order of PRODUCTS placed on the WEBSITE.
These Terms and Conditions are referenced at the bottom of each page of the WEBSITE through a link and must be reviewed before placing an order. The CUSTOMER is encouraged to read carefully, download, and print the Terms and Conditions and to keep a copy.
The SELLER advises the CUSTOMER to read the Terms and Conditions with each new order, as the latest version of said Terms applies to any new order of PRODUCTS.
By clicking on the first button to place the order and then on the second to confirm the order, the CUSTOMER acknowledges having read, understood, and accepted the Terms and Conditions without limitation or condition.
ARTICLE 4. PURCHASE OF PRODUCTS ON THE WEBSITE
To purchase a PRODUCT, the CUSTOMER must be at least 18 years old and have legal capacity or, if a minor, be able to justify the agreement of his/her legal representatives.
The CUSTOMER will be asked to provide identifying information by completing the form available on the WEBSITE. The asterisk (*) indicates mandatory fields that must be completed for the SELLER to process the CUSTOMER’S order. The CUSTOMER can check the status of his/her order on the WEBSITE. If necessary, DELIVERY can be tracked using the online tools of certain carriers. The CUSTOMER may also contact the SELLER’s sales department at any time by email at “jacques.ilits at iltis.fr” to obtain information about the status of his/her order.
The information that the CUSTOMER provides to the SELLER when placing an order must be complete, accurate, and up to date. The SELLER reserves the right to ask the CUSTOMER to confirm his/her identity, eligibility, and the information provided by any appropriate means.
ARTICLE 5. ORDERS
Article 5.1 Product Characteristics
The SELLER undertakes to present the essential characteristics of the PRODUCTS (on the information sheets available on the WEBSITE) and the mandatory information that the CUSTOMER must receive under applicable law.
The CUSTOMER agrees to read this information carefully before placing an order on the WEBSITE.
Unless expressly indicated otherwise on the WEBSITE, all PRODUCTS sold by the SELLER are new and comply with current European legislation and standards applicable in France.
Article 5.2 Order Procedure
PRODUCT orders are placed directly on the WEBSITE. To place an order, the CUSTOMER must follow the steps outlined below (please note that depending on the CUSTOMER’s starting page, the steps may differ slightly).
5.2.1. PRODUCT selection and Purchase Options
The CUSTOMER must select the PRODUCT(s) of his/her choice by clicking on the concerned PRODUCT(s) and choose the desired characteristics and quantities. Once the PRODUCT has been selected, it is placed in the CUSTOMER’s shopping cart. The CUSTOMER may then add as many PRODUCTS as he or she wishes to the cart.
5.2.2. Orders
Once the PRODUCTS have been selected and placed in the shopping cart, the CUSTOMER must click on the cart and check that the contents of the order are correct. If the CUSTOMER has not already done so, he/she will then be invited to log in or register.
Once the CUSTOMER has validated the contents of the cart and logged in/registered, an online form will appear, automatically filled out and summarizing the price, applicable taxes, and, where applicable, the delivery fees.
The CUSTOMER is invited to check the contents of his/her order (including the quantity, characteristics, and references of the ordered PRODUCTS, billing address, delivery address, payment method, and price) before confirming it.
The CUSTOMER may then proceed with payment for the PRODUCTS by following the instructions on the WEBSITE and providing all necessary information for invoicing and DELIVERY of the PRODUCTS. For PRODUCTS with available options, the specific references will appear once the correct options have been selected. Orders must include all information necessary for proper processing.
The CUSTOMER must also select the chosen delivery method.
5.2.3. Acknowledgement of receipt
Once all the steps described above have been completed, a page appears on the WEBSITE to acknowledge receipt of the CUSTOMER’s order. A copy of the order acknowledgment is automatically sent to the CUSTOMER by email, as long as the email address provided in the registration form is correct.
The SELLER does not send order confirmations by mail or fax.
5.2.4. Invoicing
During the order process, the CUSTOMER must enter the necessary invoicing information (an asterisk (*) will indicate the mandatory fields that must be completed for the CUSTOMER’s order to be processed by the SELLER).
The CUSTOMER must specifically indicate all information related to DELIVERY, particularly the exact DELIVERY address and any access codes required for DELIVERY.
The CUSTOMER must also specify the chosen payment method.
Neither the order form completed online by the CUSTOMER nor the order acknowledgment sent by the SELLER by email constitutes an invoice. Regardless of the order or payment method used, the CUSTOMER will receive the original invoice upon DELIVERY of the PRODUCTS, either inside the parcel or by email.
5.3. Order Date
The order date is the date on which the SELLER acknowledges online receipt of the order. The deadlines indicated on the WEBSITE only begin to run from this date.
5.4. Price
For all PRODUCTS, the CUSTOMER will find prices displayed on the WEBSITE in euros, all taxes included, along with applicable delivery fees (based on the number of bottles and the delivery address).
Prices include, in particular, value-added tax (VAT) at the rate in effect on the order date. Any change to the applicable rate may impact the price of the PRODUCTS from the date on which the new rate comes into effect.
The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold.
The prices of the SELLER’s suppliers are subject to change. Consequently, the prices indicated on the WEBSITE may vary. They may also be adjusted in the event of promotions or special sales.
The prices indicated are valid unless there is a significant error. The applicable price is the one indicated on the WEBSITE on the date the CUSTOMER places the order.
5.5. PRODUCT Availability
The professional agrees to deliver the PRODUCT on the date or within the period indicated to the CUSTOMER, unless the parties have agreed otherwise.
If the unavailability was not indicated at the time the order was placed, the SELLER agrees to inform the CUSTOMER without delay if the PRODUCT is unavailable.
In the event that a PRODUCT is unavailable, the SELLER may, if agreed upon by the parties, offer an alternative PRODUCT of equivalent quality and price, subject to the CUSTOMER’s acceptance.
If the CUSTOMER decides to cancel his/her order for unavailable PRODUCTS, he/she will receive a refund of all amounts paid for the unavailable PRODUCTS not later than thirty (30) days from the date of payment.
ARTICLE 6. RIGHT OF WITHDRAWAL
The terms and conditions of the right of withdrawal are outlined in the “withdrawal policy,” which is available in Appendix 1 of these terms and can be accessed via a hyperlink at the bottom of each page of the WEBSITE.
ARTICLE 7. PAYMENT
7.1. Payment Methods
The CUSTOMER may pay for PRODUCTS online on the WEBSITE using the payment methods offered by the SELLER.
The CUSTOMER guarantees the SELLER that he/she holds all the authorization required to use the chosen payment method.
The SELLER will take all necessary measures to ensure the security and confidentiality of data transmitted online during online payment on the WEBSITE.
It is hereby specified that all payment information provided on the WEBSITE is transmitted to the WEBSITE’s bank and is not processed on the WEBSITE.
7.2. Payment Date
In the case of a single payment by credit card, the CUSTOMER’s account will be debited as soon as PRODUCTS are ordered on the WEBSITE.
In the EVENT of partial DELIVERY, the total amount will be debited from the CUSTOMER’s account at the earliest when the first package is shipped. If the CUSTOMER decides to cancel the order for unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of article 5.5 of these Terms and Conditions.
7.3. Payment Delay or Refusal
If the bank refuses to debit a card or other payment method, the CUSTOMER must contact the SELLER’s Customer Service to pay for the order by any other valid means of payment.
In the event that, for any reason, such as opposition, refusal or otherwise, the transfer of the amount due by the CUSTOMER is not possible, the order will be canceled, and the sale will be automatically terminated.
ARTICLE 8. PROOF AND ARCHIVING
Any contract concluded with the CUSTOMER for an order amounting to more than 120 euros including tax will be archived by the SELLER for a period of ten (10) years in accordance with Article L. 213-1 of the French Consumer Code.
The SELLER agrees to archive this information in order to track the transactions and provide a copy of the contract upon the CUSTOMER’s request.
In the event of a dispute, the SELLER will have the opportunity to prove that its electronic tracking system is reliable and ensures the integrity of the transaction.
ARTICLE 9. TRANSFER OF OWNERSHIP
The SELLER remains the owner of the PRODUCTS delivered until full payment has been received from the CUSTOMER.
The above provisions do not prevent the transfer to the CUSTOMER, at the time of receipt by the CUSTOMER or by a third party designated by him/her other than the carrier, of the risks of loss or damage to the PRODUCTS subject to the retention of title, as well as the risks of damage they may cause.
ARTICLE 10. DELIVERY
The delivery terms for the PRODUCTS are set out in the “delivery policy” referred to in Appendix 2 of these terms and accessible at the bottom of each page of the WEBSITE via a hyperlink.
ARTICLE 11. PACKAGING
The PRODUCTS will be packaged in accordance with current transport standards in order to guarantee maximum protection during DELIVERY. CUSTOMERS agree to adhere to the same standards when returning PRODUCTS under the conditions set out in Appendix 1 – withdrawal policy.
ARTICLE 12. WARRANTIES
In addition to the commercial warranties that the SELLER may offer for certain PRODUCTS, every CUSTOMER benefits from “legal” warranties for all PRODUCTS, which are detailed below, in accordance with Article L.111-1 of the French Consumer Code.
Article 12.1. Conformity Warranty
Article L.217-4 of the French Consumer Code: “The seller delivers a product that complies with the contract and is responsible for any conformity defects existing at the time of delivery. The seller is also responsible for conformity defects resulting from the packaging, assembly instructions, or installation, when these are included in the seller’s responsibilities under the contract or were carried out under their responsibility.”
Article L.217-5 of the French Consumer Code: “A product is in conformity with the contract:
1° If it is suitable for the customary use of a similar good product and, where applicable: – if it matches the description given by the seller and has the qualities presented by the seller to the buyer in the form of a sample or model; – if it has the qualities that a buyer can legitimately expect based on public statements made by the seller, the manufacturer, or their representative, particularly in advertising or labeling; 2° Or if it has the characteristics defined by mutual agreement between the parties or is fit for any special use sought by the buyer, which was communicated to the seller and accepted by the latter.”
The SELLER may be liable for defects of conformity existing at the time of delivery and for defects of conformity resulting from the packaging, assembly instructions, or installation when the latter was made his/her responsibility or carried out under his/her supervision.
The action resulting from the lack of conformity is subject to a two (2) year limitation period starting from the delivery of the PRODUCT (Article L.217-12 of the French Consumer Code).
In case of a lack of conformity, the CUSTOMER may request the replacement or repair of the PRODUCT, at his/her choice. However, if the cost of the CUSTOMER’s chosen option is clearly disproportionate in relation to the other viable option, considering the value of the PRODUCT or the significance of the defect, the SELLER may opt for a refund without following the option chosen by the CLIENT.
In the event that replacement or repair is not possible, the SELLER agrees to refund the price of the PRODUCT within thirty (30) days upon receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER to the following address: 1 rue Schlossreben, 68590 Saint-Hippolyte, France.
Finally, the CUSTOMER is exempted from providing proof of the existence of the defect in the conformity of the PRODUCT during the twenty-four (24) months following the delivery of the PRODUCT, except for second-hand goods, for which this period is limited to six (6) months. (Article L.217-7 of the French Consumer Code).
It is specified that this legal warranty of conformity applies independently of the commercial warranty granted, if any, on the PRODUCTS.
Article 12.2. Warranty for Hidden Defects
The SELLER is responsible for the warranty for hidden defects of the sold PRODUCT that make it unfit for its intended use, or which reduce its use to such an extent that the CUSTOMER would not have purchased it, or would have paid a lower price, had they been aware of the defects. (Article 1641 of the French Civil Code)
This warranty allows the CUSTOMER, who can prove the existence of a hidden defect, to choose between a full refund of the PRODUCT price if it is returned, or a partial refund of the price if the PRODUCT is not returned.
In the event that replacement or repair is not possible, the SELLER agrees to refund the price of the PRODUCT within thirty (30) days upon receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER to the following address: 1 rue Schlossreben, 68590 Saint-Hippolyte, France. The action resulting from hidden defects must be initiated by the CUSTOMER within two (2) years from the discovery of the defect. (Paragraph 1 of Article 1648 of the French Civil Code)
ARTICLE 13. RESPONSIBILITY
The SELLER’s liability shall not be engaged in any case of non-performance or improper performance of contractual obligations attributable to the CUSTOMER, particularly during the entry of the order.
The SELLER shall not be held liable or considered to have failed to comply with these Terms and Conditions for any delay or non-performance, when the cause of the delay or non-performance is related to a force majeure event as defined by the case law of the French courts and tribunals.
It is further specified that the SELLER has no control over websites that are directly or indirectly linked to the WEBSITE. Consequently, the SELLER excludes any liability for the information published on such websites. Links to third-party websites are provided for informational purposes only, and no guarantees are given regarding their content.
ARTICLE 14. FORCE MAJEURE
The SELLER shall not be held liable if the non-performance or delay in the performance of any of its obligations described in these GTC is due to force majeure.
Force majeure in contractual matters occurs when an event outside of the debtor’s control, which could not have been reasonably anticipated when the contract was concluded, and whose effects cannot be avoided by appropriate measures, prevents the debtor from fulfilling his/her obligation.
If the impediment is temporary, the performance of the obligation is suspended unless the resulting delay justifies termination of the contract. If the impediment is definitive, the contract is automatically terminated, and the parties are released from their obligations under the conditions set forth in Articles 1351 and 1351-1 of the French Civil Code.
Accordingly, the SELLER may not be held liable, in particular in cases of hacking attacks, unavailability of materials, supplies, spare parts, personal or other equipment, interruption of electronic communication networks, as well as in the occurrence of any circumstance or event beyond the SELLER’s control occurring after the conclusion of the GTC and preventing performance under normal conditions.
It is specified that, in such a situation, the CUSTOMER may not claim any compensation and may not seek any recourse against the SELLER.
If any of the aforementioned events occur, the SELLER will endeavor to inform the CUSTOMER as soon as possible.
ARTICLE 15. PERSONAL DATA
The SELLER collects personal data about its CUSTOMERS on the WEBSITE, including through the use of cookies. CUSTOMERS can disable cookies by following the instructions provided by their browser.
The data collected by the SELLER is used to process orders placed on the WEBSITE, manage the CUSTOMER’s account, analyze orders, and, if the CUSTOMER has expressly chosen this option, to send commercial prospecting emails, newsletters, promotional offers, and/or information about special sales, unless the CUSTOMER no longer wishes to receive such communications from the SELLER.
The SELLER keeps the CUSTOMER’s data confidential for the purposes of the contract, its execution, and in compliance with the law, for a period of 3 years from the end of the business relationship if you are a customer, or from your last contact if you are not yet a customer.
CUSTOMERS can unsubscribe at any time by accessing their account or by clicking on the hyperlink provided for this purpose at the bottom of each offer received by email
Data may be shared, in whole or in part, with the service provider of the SELLER involved in the order process. For commercial purposes, the SELLER may transfer the names and contact details of its CUSTOMERS to its business partners, provided that the latter have expressly given their prior consent when registering on the WEBSITE.
The SELLER will specifically ask CUSTOMERS whether they wish their personal data to be disclosed. CUSTOMERS can change their mind at any time by contacting the SELLER. The SELLER may also ask its CUSTOMERS if they wish to receive commercial solicitations from its partners.
In accordance with Law No. 78-17 of January 6, 1978, on data processing, files and freedoms, and Regulation (EU) 2016/679 of the European Parliament and the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, GDPR), the SELLER ensures the implementation of the rights of the persons concerned.
It is reminded that the CUSTOMER whose personal data is processed has the rights of access, rectification, updating, portability, and erasure of the information concerning them, as well as the right to restrict processing, in accordance with Articles 49, 50, 51, 53, and 55 of the French Data Protection Act and the provisions of Articles 15, 16, 17, and 18 of the European General Data Protection Regulation (GDPR).
In accordance with the provisions of Article 56 of the French Data Protection Act and Article 21 of the GDPR, the CUSTOMER may also, for legitimate reasons, object to the processing of his/her data, without providing a reason and at no cost.
The CUSTOMER may also define the fate of his/her data after his/her death and choose whether the SELLER may communicate his/her data to a third party previously designated by the CUSTOMER.
The CUSTOMER can exercise these rights by sending an email to the address: jacques.iltis at iltis.fr or by sending a letter to 1 rue Schlossreben, 68590 Saint-Hippolyte, France.
Finally, the CUSTOMER can also file a complaint with the supervisory authorities, including the French Data Protection Authority (https://www.cnil.fr/fr/plaintes).
ARTICLE 16. COMPLAINTS
The SELLER provides the CUSTOMER with a “Customer Service Hotline” at the following number: +33389730067 (standard rate number). Any written complaint from the CUSTOMER must be sent to the following address: 1 rue Schlossreben, 68590 Saint-Hippolyte, France.
ARTICLE 17. INTELLECTUAL PROPERTY
All visual and sound elements of the WEBSITE, including the underlying technology used, are protected by copyright, trademark law, and/or patents.
These elements are the exclusive property of the SELLER. Anyone who operates a website and wishes to create a direct hyperlink to the WEBSITE must request written authorization from the SELLER.
This authorization from the SELLER shall not be granted on a permanent basis. The link must be removed at the SELLER’s request. Hyperlinks to the WEBSITE using techniques such as framing or in-line linking are strictly prohibited.
Any total or partial representation or reproduction of the WEBSITE and its content, by any means whatsoever, without the express prior authorization of the SELLER, is prohibited and will constitute an infringement punishable by Articles L.335-2 et seq. and Articles L.713-1 et seq. of the French Intellectual Property Code.
Acceptance of these Terms and Conditions constitutes the CLIENT’s acknowledgment of the SELLER’s intellectual property rights and commitment to respect them.
ARTICLE 18. VALIDITY OF THE TERMS AND CONDITIONS
Any changes in current legislation or regulations, or any decision by a competent court that invalidates one or more clauses of these Terms and Conditions, shall not affect the validity of these Terms and Conditions. Such a modification or decision shall in no way authorize CLIENTS to disregard these Terms and Conditions.
Any conditions not expressly dealt herein shall be governed in accordance with customary practices in the retail sector for companies with headquarters located in France.
ARTICLE 19. MODIFICATION OF THE TERMS AND CONDITIONS
The present Terms and Conditions apply to all purchases made online on the WEBSITE, as long as the WEBSITE is available online.
The Terms and Conditions are precisely dated and may be modified and updated by the SELLER at any time. The applicable Terms and Conditions are those in effect at the time of the order.
Modifications to the Terms and Conditions will not apply to PRODUCTS that have already been purchased.
Article 20. JURISDICTION AND APPLICABLE LAW
These Terms and Conditions, as well as the relationship between the CUSTOMER and the SELLER, are governed by French law.
However, prior to any recourse to arbitration or state court, the CUSTOMER is encouraged to contact the SELLER’s complaints department.
If no agreement is reached or if the CUSTOMER proves that he/she has previously attempted to resolve the dispute directly with the SELLER through a written complaint, a procedure will then be proposed, subject to the prior arbitration of a third party (arbitrator, mediator, conciliator), conducted in a spirit of loyalty and good faith, with the aim of reaching an amicable agreement in the event of any conflict related to this contract, including regarding its validity.
To initiate this mediation, the CUSTOMER may contact the SELLER’s consumer mediator, whose contact details will be provided upon request.
The party wishing to initiate the mediation process must first inform the other party by registered letter with acknowledgment of receipt, specifying the elements of the conflict.
As mediation is not compulsory, the CUSTOMER or the SELLER can withdraw from the process at any time.
In the absence of an amicable solution to the dispute between the parties, they hereby elect exclusive jurisdiction to the courts located at the SELLER’s registered office, which will rule in accordance with French law.
APPENDIX 1
WITHDRAWAL POLICY
Right of Withdrawal
As a principle the CUSTOMER has the right to retract by returning or sending back the PRODUCT to the SELLER, without providing any reason.
To do so, the PRODUCT must be returned or sent back at the latest fourteen (14) days following the communication of the CUSTOMER’s decision to withdraw, unless the SELLER offers to collect the PRODUCT himself/herself.
Withdrawal period
The withdrawal period expires fourteen (14) days after the day on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, physically takes possession of the goods.
In the event that the CUSTOMER has ordered multiple PRODUCTS in a single order that results in multiple DELIVERIES (or in the case of an order for a single PRODUCT delivered in several batches), the withdrawal period will expire fourteen (14) days after the day on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, physically takes possession of the last item.
If the PRODUCT is delivered in several separate lots of pieces, the cancellation period will expire fourteen (14) days after the day on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, physically takes possession of the last lot or the last piece.
Notification of the right of withdrawal
To exercise the right of withdrawal and in accordance with Article L.221-21 of the French Consumer Code, the CUSTOMER must notify his/her decision to withdraw through an unambiguous statement (for example, a letter sent by post or an email) to : 1 rue Schlossreben, 68590 Saint-Hippolyte, France or jacques.iltis at iltis.fr
He/she may also use the form below:
WITHDRAWAL FORM
To the attention of: Domaine Jacques ILTIS et Fils
SELLER’S phone number: +33389730067
SELLER’S email address: jacques.iltis at iltis.fr
I hereby notify you of my withdrawal from the contract for the sale of the following PRODUCT:
Product reference:
Invoice No.:
Order No.:
– Ordered on [________________] / received on [________________]
– Payment method used:
– Name of the CUSTOMER and, if applicable, the beneficiary of the order:
– SELLER’S address:
– Delivery address:
– CUSTOMER’s signature (except in the case of transmission by email)
– Date:
In order for the withdrawal period to be respected, the CUSTOMER must send his/her communication regarding the exercise of the right of withdrawal before the expiration of the withdrawal period
Effects of the withdrawal
In the event of withdrawal by the CUSTOMER, the SELLER undertakes to reimburse the total amount paid, including delivery charges (except for additional costs resulting, if applicable, from the CUSTOMER’s choice of a delivery method other than the standard delivery method offered by the SELLER) from the date on which the SELLER is informed of the CUSTOMER’s decision to withdraw. (Article L.221-24 of the French Consumer Code).
Unless the SELLER offers to collect the PRODUCTS himself/herself, the SELLER may defer reimbursement until the PRODUCTS are returned or until the CUSTOMER provides proof of shipment of the PRODUCTS, the date used being the one of the first event.
The SELLER will proceed with the refund using the same payment method as the one used by the CUSTOMER for the initial transaction, unless the CUSTOMER expressly agrees to use another payment method, to the extent that the refund does not incur any fees for the CUSTOMER.
Return Policy
In any case, the CUSTOMER must return the goods no later than fourteen (14) days after communicating his/her decision to withdraw from this contract, to: 1 rue Schlossreben, 68590 Saint-Hippolyte, France.
This deadline is considered met if the CUSTOMER returns the goods before the expiration of the fourteen (14) day period.
Return costs
The CUSTOMER shall bear the direct costs of returning the goods.
In the event that the weight of the PRODUCT prevents the CUSTOMER from returning the PRODUCT by mail, the CUSTOMER shall bear the direct costs of returning the goods.
Condition of returned item
The PRODUCT must be returned in its original packaging and in perfect condition for resale (unopened bottles, intact labels and CRD caps), along with the invoice and including all accessories delivered.
Any product that has been damaged or partially consumed cannot in any case benefit from the right of withdrawal provided in this article. Therefore, the customer is advised to keep the original packaging until the end of the withdrawal period, and to not damage the packaging provided when opening the parcel.
The CUSTOMER’s liability is only engaged for depreciation of the product resulting from handling other than what is necessary to establish the nature, characteristics, and proper functioning of the PRODUCT. In other words, the CUSTOMER is allowed to test the PRODUCT, but may be held liable for any manipulations other than those necessary.
Exclusions from the Right of Withdrawal
The right of withdrawal is excluded in the following cases:
– Provision of services fully performed before the end of the withdrawal period, and where the performance began after the consumer’s prior express consent and express waiver of his/her right of withdrawal;
– Supply of goods or services whose price depends on fluctuations in the financial market
– Supply of goods made to the CUSTOMER’s specifications or clearly personalized
– Supply of goods that are likely to deteriorate or expire rapidly
– Supply of sealed audio or video recordings or software that have been unsealed after delivery
– Newspaper, periodical, magazine (except for subscription contracts)
– Provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, or services related to leisure activities if the offer specifies a specific execution date or period
– Supply of goods that, by their nature, are inseparably mixed with other items
– Supply of sealed goods that cannot be returned for health or hygiene reasons and that have been unsealed by the CUSTOMER after DELIVERY
– The supply of alcoholic beverages, the price of which has been agreed at the time of conclusion of the sales contract, the delivery of which can only be made after 30 days, and the actual value of which depends on market fluctuations beyond the SELLER’s control
– Urgent maintenance or repair work to be carried out at the consumer’s home, expressly requested by the consumer, limited to the replacement parts and work strictly necessary to respond to the emergency;
– Supply of digital content not provided in dematerialized form if execution has begun with the express prior consent of the consumer, who has also acknowledged that he/she will thereby lose his/her right of withdrawal
– Contracts concluded at a public auction
APPENDIX 2
DELIVERY POLICY
Delivery Area
The PRODUCTS purchased on the website can be delivered within Metropolitan France (including Corsica), Belgium and Germany. For other countries, please contact the SELLER.
The PRODUCTS are shipped to the delivery address(es) provided by the CUSTOMER during the ordering process.
Delivery time
The time required to prepare an order and issue the invoice, before shipping the in-stock PRODUCTS, is indicated on the WEBSITE. These timeframes are excluding Saturdays, Sundays or public holidays.
An email will automatically be sent to the CUSTOMER at the time of shipment of the PRODUCTS, as long as that the email address provided in the registration form is correct.
Delivery times & costs
During the ordering process, the SELLER informs the CUSTOMER of the possible shipping options and delivery times for the purchased PRODUCTS.
Shipping costs are calculated according to the delivery method.
The amount of these costs will be payable by the CUSTOMER in addition to the price of the purchased PRODUCTS.
Details of the delivery times and costs are provided on the WEBSITE.
If no specific delivery date is indicated or agreed upon, the SELLER shall deliver the PRODUCT without undue delay and no later than thirty (30) days after the conclusion of the contract (Article L.216-1 of the French Consumer Code).
DELIVERY terms
The package will be handed over to the CUSTOMER upon signature and presentation of an ID.
The SELLER cannot be held responsible for any inability to deliver that is beyond its control, particularly due to an incorrect address or a lack of information regarding access conditions to the delivery location (e.g., entry codes).
In case of absence, a delivery notice will be left for the CUSTOMER, to collect the package from the post office or pick-up point.
DELIVERY Issues
It is specified that deliveries will be made within a maximum of thirty (30) days. If this is not the case, the CUSTOMER must notify the SELLER to deliver within a reasonable time frame. If delivery does not occur within this period, the CUSTOMER may cancel the contract.
The SELLER will refund the total amount paid for the PRODUCTS, including taxes and shipping fees, without undue delay from the receipt of the cancellation letter, using the same payment method the CUSTOMER used to purchase the PRODUCTS.
The SELLER is responsible for the PRODUCTS until they are delivered to the CUSTOMER. In case of shortages, damage, partial loss, or non-compliance of the delivered PRODUCTS with the order, the CUSTOMER must report these issues in writing on the delivery slip, with signature, and notify the SELLER by mail or email within 48 hours of delivery, to allow the SELLER to preserve its rights towards the carrier.
Excessive alcohol consumption is harmful to health. Drink responsibly.
Pregnant women are strongly advised not to consume alcohol. The sale of alcohol to minors under 18 is prohibited.