PREAMBLE
Any order placed by correspondence with the on-line Shop of the Company Spirit France Diffusion will be exclusively governed by the present general conditions of sale, which we recommend you to read carefully. Customers are consumers or professionals. Only a natural person, aged at least 18 years, acting for private purposes or for purposes that do not fall within the scope of a commercial, industrial, craft, liberal or agricultural activity, and having the legal capacity to place an order on the Site, is considered a “consumer” within the meaning of these terms and conditions. The fact of placing an order implies the prior consultation of the present general conditions of sale and implies full and irrevocable acceptance of them.
ARTICLE 1 – ACCEPTANCE OF THE PRESENT GENERAL CONDITIONS OF SALE
The purpose of the present general conditions of sale is to define the rights and obligations of the Company Spirit France Diffusion (hereafter Spirit France Diffusion) and its Customers (natural persons, consumers and professionals) within the framework of mail order sales from the Spirit France Diffusion on-line Boutique. The Customer acknowledges having read the present general conditions of sale prior to validating his order. Any validation of the order implies acceptance of the general conditions without exception. Spirit France Diffusion reserves the possibility of adapting or modifying at any time the present general conditions of sale. In the event of modification, the general conditions of sale in force on the day the order was placed will be applied to each order.
ARTICLE 2 – IDENTIFICATION OF THE AUTHOR OF THE OFFER
2.1 IDENTIFICATION OF THE AUTHOR OF THE OFFER
Spirit France Diffusion, ZA de Reux, RD 675 14130 Reux, France
SIRET identifier: 40306101300039
2.2 CUSTOMER SERVICE
The Spirit France Diffusion team is at your disposal for any question concerning the products offered on the online store, the terms of order and delivery of products. To contact the person in charge of the online store: by telephone at 02.31.48.24.07 from 9 am to 4.30 pm or by email by writing to boutiqueenligne@spirit-france.com
ARTICLE 3 – ORDER
Spirit France Diffusion undertakes to accept orders placed via the Spirit France Diffusion online store under the terms of the present General Conditions of Sale and within the limits of available stocks. Spirit France Diffusion reserves the right to cancel all orders that do not conform or are doubtful, as well as those from a Customer with whom there is any dispute.
The procedure for placing an order on line on the Spirit France Diffusion store:
– The Customer makes directly his purchases on line on the store Spirit France Diffusion with the names and quantities of the products which he wishes to buy.
– The Customer validates directly his basket on line on the store Spirit France Diffusion.
– The Customer can then make the payment of his purchases directly on line on the store Spirit France Diffusion using a bank card CARTE BLEUE, VISA or MASTERCARD.
– The order will finally be confirmed by the sending of an email after reception of the payment on the account. The order will then be sent.
Any order will be taken into consideration and sent only after reception of the payment.
ARTICLE 4 – PRICES
The prices of the products and the total price of the order are indicated in euros and are inclusive of all taxes (applicable VAT, excise and all other applicable taxes).
The prices of the products are those displayed on the online store of Spirit France Diffusion at the time of the order. They do not include the shipping and delivery charge of €9 per bottle applied to all orders. Shipping costs will be offered for all orders over €100. The total price during the validation of the order is the final price, all taxes included. It is mentioned in the email or letter confirming the order and in the invoice attached to the package. Spirit France Diffusion reserves the right to modify its prices at any time.
ARTICLE 5 – VALIDITY OF OFFERS
The products are offered within the limits of available stocks. Spirit France Diffusion cannot be held responsible for a possible shortage of stock which would involve a delay in the delivery of the order. The orders are final only when they have been confirmed by the payment of the price by the Customer. In case of stock shortage, we will inform you of the waiting time required to obtain the desired product or we will offer you a replacement product or even a refund.
ARTICLE 6 – TERMS OF PAYMENT AND PAYMENT
6.1 TERMS OF PAYMENT
The payment of the mail order by the Customer is made exclusively in euros by credit card. The cards accepted are the following: BLUE CARD, VISA, MASTERCARD. Orders are payable in full and cash.
6.2 PAYMENT TRANSACTION
Within the framework of remote payment by bank card, the Customer guarantees to Spirit France Diffusion that he/she is the holder of the bank card used for the payment of the order and that he/she has sufficient funds to fully cover the payment of his/her order. The data strictly necessary for payment are the card number, the expiration date and the visual cryptogram. These data will be asked to you to carry out the transaction. Spirit France Diffusion will not keep any data, that’s why they will be asked again for each new transaction. In case of refusal of the payment center, the order will be automatically cancelled.
ARTICLE 7 – DELIVERY
Spirit France Diffusion delivers exclusively in France:
A minimum fixed price of 9 € of carriage costs will be applied for any order. The carriage costs will be offered for any order of an amount higher than 100 €.
The delivery is made to the address mentioned by the Customer at the time of the order. It is reminded that Spirit France Diffusion cannot be held responsible in case of delay and/or non-delivery due to a false or erroneous address or to which the delivery would be impossible.
All the products of Spirit France Diffusion are sent by the Colissimo service of La Poste, and delivered against signature in France. In this case, your presence (or that of a member of your household or a person at your service) will be necessary to receive your package. The Colissimo delivery personnel are not authorized to leave the package at your address without a signature, for example in your mailbox, even at your request.
7.1 TRANSFER OF OWNERSHIP
Until the effective and complete payment of the price, Spirit France Diffusion remains the owner of the sold goods. The complete payment will be worth transfer of property, however the Customer becomes responsible for the articles as of the delivery, the transfer of possession being worth transfer of risks.
7.2 DELIVERY TIMES
Spirit France Diffusion cannot guarantee precise delivery times. However, it is able to inform you of the average times observed: for France, orders are generally delivered within 5 working days, for European countries within 10 working days. In any case, in the absence of delivery within the time limit expressly agreed upon, or in the absence of agreement on a delivery time, in the event of failure to deliver within 30 days after the conclusion of the contract, the Customer may request reimbursement via the Spirit France Diffusion online store.
In the absence of execution by Spirit France Diffusion within this new time limit, the Customer will be able to cancel the contract by registered letter with acknowledgement of receipt. The contract will be considered terminated upon receipt by Spirit France Diffusion of this letter, unless it has been executed in the meantime; the sums paid by the Customer will then be reimbursed to him without interest or compensation at the latest within 14 days following the date on which the contract was terminated.
7.3 RETURN OF PRODUCTS IN CASE OF ABSENCE AT DELIVERY
In case of absence or impossibility of delivery of your parcel (no guard…), your parcel will be placed in a post office. A notice of passage mentioning the date and the address of the post office where you will be able to withdraw your parcel, on presentation of an identity paper, will be deposited. It will then be kept there for 14 days. After this period, the package will be returned to the sender. A minimum fixed price of 9 € of carriage costs will be invoiced to you again for the return of your parcel by Spirit France Diffusion to the delivery address indicated.
7.4 CASES OF FORCE MAJEURE
Spirit France Diffusion cannot be held responsible for losses, damages, errors or failure to deliver an order due to a case of force majeure as defined in Article 10 hereof.
7.5 CONTROL OF PACKAGES UPON RECEIPT
The Customer is required to carefully check the packages upon delivery in order to immediately express any reservations to the carrier. In the event of a problem upon delivery (damaged package, breakage, theft, etc.) the Customer is requested to refuse the package in its entirety (even if the damage is only partial – for example: only 1 bottle is broken or 1 bottle is missing from the package). Otherwise, the Post Office will consider that the Customer has accepted the package in its entirety and will not take into account the reservations made. In the case where the damaged parcel has been accepted, the Customer is asked to inform Spirit France Diffusion of the situation as soon as possible, and to take photos of the outside of the parcel as it is, making sure to show the Colissimo delivery label, photos of the inside of the parcel as it is and photos of the damaged product(s) as it is, in order to be able to make a claim to the Colissimo service.
ARTICLE 8 – RETRACTION
Pursuant to Article L. 221-18 of the French Consumer Code, the Customer has a withdrawal period of fourteen (14) clear days from the date of receipt of the ordered products. To exercise his right of withdrawal, the Customer must, within the period indicated above, send to Spirit France Diffusion, a written document specifying without ambiguity his will to withdraw or return the standard form for exercising the right of withdrawal to the address indicated in article 2 of the present document. The Customer must return the products, to the address indicated in Article 2 hereof, within fourteen (14) days of the communication of his decision to withdraw, in their original packaging, with all possible accessories. The expenses of return of the products will be the responsibility of the Customer.
Spirit France Diffusion undertakes to reimburse the Customer within fourteen (14) days of receipt of his decision to withdraw. Nevertheless, Spirit France Diffusion is entitled to defer this reimbursement until recovery of the products. The reimbursement will be carried out according to the same methods as those used to proceed with the payment of the products in question, unless the Customer expressly agrees to the use of another means of payment.
The Customer may not avail himself of his right of withdrawal in the event that the goods in question have been made to the specifications of the purchaser or clearly personalized or which, due to their nature, cannot be reshipped or are likely to deteriorate or expire rapidly. The right of withdrawal cannot be exercised for products that have been unsealed or opened by the Customer or the recipient of the order after their delivery.
ARTICLE 9 – CLAIMS, RESPONSIBILITIES, LEGAL GUARANTEES
9.1. LEGAL GUARANTEES
Spirit France Diffusion is bound by the legal guarantees in force, namely, the legal guarantee of conformity (articles L.217-4 and following of the Consumer Code for consumer Customers and 1603 and following of the Civil Code for professional Customers) and the legal guarantee of hidden defects (articles 1641 and following of the Civil Code). When it acts in legal guarantee of conformity, the Customer: profits from a 2 years deadline as from the delivery of the good to act; can choose between the repair or the replacement of the good. Spirit France Diffusion may nevertheless not proceed according to the Customer’s choice when this choice entails a cost that is manifestly disproportionate to the other method, taking into account the value of the good or the importance of the defect; is exempted from proving the existence of the lack of conformity of the good during 24 months from the delivery of the good. The legal guarantee applies independently of any commercial guarantee that may have been granted. When acting in warranty of hidden defects, the Customer may choose between the resolution of the sale or a reduction of the sale price, in accordance with Article 1644 of the Civil Code.
9.2. CLAIMS AND RETURNS FOR NON-CONFORMITY
Without prejudice to any reservations made to the carrier under the conditions of article 7, claims on apparent defects or non-conformity of the products delivered to the products ordered must be made to Spirit France Diffusion, by any means. The products must be returned by the Customer, after express agreement of Spirit France Diffusion, with all their possible accessories. The return will result in the replacement of missing or broken products, after qualitative and quantitative verification of the returned products and the reality of the alleged defect or non-conformity.
9.3. RESPONSIBILITY
When the responsibility of Spirit France Diffusion is engaged as a result of a fault on its part, the reparation applies only to direct, personal and certain damages that the Customer has suffered to the express exclusion of the reparation of all indirect and immaterial damages and/or prejudices, such as financial prejudices, damage to the image, etc. The amount of damages that Spirit France Diffusion may be required to pay to the Professional Customer under the above conditions is in any case limited to the total amount of the order of the products concerned. Spirit France Diffusion cannot be held responsible for damages of any kind, whether material or immaterial or physical, which could result from the misuse of the marketed products.
ARTICLE 10 – FORCE MAJEURE
Spirit France Diffusion shall not be held liable for any failure to perform due to force majeure. By force majeure is meant any event making either impossible or obviously more difficult the execution of an obligation due to the unforeseeable or irresistible or external character of this event, these three criteria being alternative, such as fires, floods, total or partial strikes, paralysis of road transport or others, energy supply breakdowns, telecommunications and computer network blockages, changes in regulations, delays or failures in the intervention of external partners such as Spirit France Diffusion suppliers or subcontractors, wars, riots, governmental or legal restrictions as well as any other event considered by law or jurisprudence as a case of force majeure.
ARTICLE 11 – PROTECTION OF PERSONAL DATA
When placing an order, the Customer is asked for personal data (name and surname of the Customer, address, e-mail address and telephone number). These data are necessary for the processing, follow-up and routing of orders as well as for the establishment of invoices. The personal data collected are processed by Spirit France Diffusion, in compliance with the legal provisions relating to the protection of personal data resulting from the Law n°78-17 of January 6, 1978, known as “Data processing and Freedoms”. At any time the Customer has the right to access, modify, rectify and delete data concerning him. He may exercise this right by writing to our Customer Service Department: by mail to Spirit France Diffusion, ZA de Reux, RD 675, 14130 Reux or by e-mail to boutiqueenligne@spirit-france.com.
ARTICLE 12 – COMPLETENESS OF THE GENERAL CONDITIONS
The Customer and Spirit France Diffusion recognize that the present general conditions of sale constitute the entirety of the agreement concluded between them. If, for any reason, one of the clauses of the present general conditions should be declared inapplicable, it will be deemed not to have been written without entailing the nullity of these general conditions, nor altering the other provisions of the general conditions.
ARTICLE 13 – APPLICABLE LAW AND DISPUTES
The language of the present contract is the French language. All the clauses of the present General Conditions of Sale, all the transactions and operations of purchase carried out by correspondence with the on-line Shop of Spirit France Diffusion are governed by the French Law. The complaints or contestations will be received with a strong attention, Spirit France Diffusion presumes the good faith of the Customer who takes the trouble to state his situation. In the event of litigation, the Customer is invited to address in the first place to the company to obtain an amicable solution. Any dispute which has not been amicably resolved will be referred to the Courts of the registered office of Spirit France Diffusion.
ARTICLE 14 – PROTECTION OF MINORS AND PUBLIC HEALTH
In accordance with article L. 3342-1 of the public health code, the sale of alcohol to minors under the age of eighteen (18) is forbidden. Any Customer of Spirit France Diffusion commits himself to be at least 18 years old when placing his order on the on-line store of Spirit France Diffusion, in case of purchase of alcohol. The salesman will not be able to in no case to see his responsibility committed if a minor Customer had to pass in addition to this clause. The abuse of alcohol is dangerous for the health, consume and appreciate it with moderation