Terms of sale
General Conditions of Online Sale
These General Conditions of Sale are up to date on January 29, 2020
1.1These General Conditions of Sale (hereinafter `` GTC '') are offered by the company JNPR (hereinafter `` The Company ''), SAS with a capital of 10 euros, registered in the Trade and Companies Register of Rouen under number 880 814 033, represented by DE SUTTER Valérie, whose registered office is 31 Route de Fréville, 76190 Carville-la-Folletière, FranceHis non-surcharged telephone number is 0610867386, his e-mail address is email@example.com and his individual intra-community VAT identification number FR24880814033.
1.2The company is the owner and publisher of the website www.jnprspirits.com (hereinafter `` the Site '')The Site is hosted by Shopify Inc., domiciled at Headquarters 150 Elgin Street, Suite 800, Ottawa, ON, K2P 1L4.
1.3The publication director is Valérie De Sutter
1.4The Site offers the Customer (hereinafter `` the Customer '') the possibility of purchasing bottles of alcohol-free spirits (the `` products '')
1.5Before any use of the Site, the Customer must ensure that he has the technical and IT resources allowing him to use the Site and order products on the Site, and that his browser allows secure access to the Site.The Customer must also ensure that the IT configuration of his hardware/equipment is in good condition and does not contain viruses.
2APPLICATION AND OPPOSABILITY OF THE GTC
2.1The purpose of these T & Cs is to define all the conditions under which the Company markets the products as offered for sale on the Site to Customers.They therefore apply to any Order ('' Order '') of products placed on the Site by the Customer.
2.2The Customer declares to have read and accepted these GTC before placing his Order.
2.3The validation of the Order therefore implies acceptance of these GTCThese are regularly updated, the applicable GTC are those in force on the Site on the date of placing the Order.
2.4Any contrary condition imposed by the Customer would therefore, in the absence of express acceptance, be unenforceable against the Company regardless of when it may have been brought to its attention.
2.5The fact that the Company does not avail itself at a given time of any provision of these GTCS cannot be interpreted as a waiver of subsequently availing itself of any provision of said GTC.
3ORDERING PRODUCTS ON THE SITE
The Company reserves the right to correct the content of the Site at any time.
3.1The Customer selects the product or products he wishes to buy, and can access the summary of his Order at any time.
3.2The summary of the Order presents the list of the product (s) that the Customer has selected, and includes any additional costs such as the delivery price added to the price of the product (s) of the Order.The Customer has the possibility of modifying his Order and correcting any errors before proceeding with the acceptance of his Order.
3.3After having accessed the summary of his Order, the Customer confirms the acceptance of his Order by checking the validation box of the GTC, then by clicking on the validation icon of the Order.The words `` Order with payment obligation '' or a similar unambiguous formula appears next to the Order validation icon in order to ensure that the Customer explicitly recognizes his obligation to pay for the Order.
3.4After acceptance of the GTC and validation of the Order with payment obligation, the contract is validly concluded between the Company and the Customer and binds them irrevocably.
3.5After validation of his Order and in order to be able to proceed to payment, the Customer enters the contact details to which he wishes to obtain delivery of the product (s) ordered, and invoicing if they are different.The delivery process of the ordered product (s) is described in ARTICLE 5 of these GTC
3.6The Company then sends him an Order confirmation by email, including the elements of the summary of his Order and the delivery and, if applicable, invoicing addresses provided.
3.7After having validated his delivery details and, if applicable, invoicing, the Customer proceeds to the payment of his Order according to the terms specified below.
4PRICE AND TERMS OF PAYMENT OF THE ORDER
4.1The prices are mentioned on the Site in the product descriptions, in euros and excluding tax and all taxes included.
4.2The total amount is indicated in the summary of the Order, before the Customer accepts these T & Cs, validates his Order, informs and validates his delivery details and, if applicable, invoicing and proceeds to payment.This total amount is shown inclusive of all taxes.
4.3The Order of products on the Site is payable in eurosFull payment must be made on the day of the Order by the Customer, by credit card, except special conditions of sale expressly accepted by the Customer and the Company.
4.4In the event of payment by credit card, the Site uses the Stripe security system, a service provider specializing in online payment security.This system guarantees the Customer the total confidentiality of his banking informationThe bank transaction by bank card, carried out between the Customer and the secure system is therefore fully encrypted and protected.The Customer's bank details are not stored electronically by the Company
4.5The Customer guarantees the Company that he has the necessary authorizations to use the method of payment, when placing the Order.
4.6The Company reserves the right to suspend or cancel any execution and/or delivery of an Order, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum that may be due by the Customer to the Company, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the site and the payment of an Order.
5.1The product (s) offered on the Site can be delivered exclusively to mainland France.
5.2The Company undertakes to deliver the product (s) within a period not exceeding 14 working days from the date of the Order.
5.3The Customer is informed by email, when his Order is ready, of its shipmentThe ordered product (s) is (are) delivered to the delivery address indicated by the Customer when ordering under the conditions specified in article 3.8 of these GTC.
5.4The Customer must ensure that the information communicated referred to in article 3.8 of these T & Cs is correct, and that they remain so until full delivery of the product (s) ordered.The Customer therefore undertakes to inform The Company of any change in billing and/or delivery details that may occur between the Order and delivery, by sending an email to the Customer Service email address without delay.Failing that, in the event of a delay and/or error in delivery, the Customer may in no case be held liable for the Company in the event of failure to deliver, and the Company's Customer Service will contact the Customer for a second delivery. on client fee
5.5The Company will not be responsible either if the non-receipt of the products is due to the act of a third party outside its intervention or in the event of theft.
5.6In the event of a return of the Order due to the absence of the Customer, the Company's Customer Service will contact the Customer for a second delivery at the Customer's expense.
5.7The Customer can follow the delivery of his Order by contacting Customer Service, the number of which appears in ARTICLE 6 of these GTC
6.1For any request for information, clarification or any complaint, the Customer must contact, as a priority, the Customer Service of the Company, in order to allow the latter to try to find a solution to the problem.
6.2The Company's Customer Service is accessible from 10 a.m. to 6 p.m. Monday to Friday using the following contact details:
- Phone 0610867386
- mail:31 Route de Fréville, 76190 Carville-la-Folletière, France
7LEGAL AND COMMERCIAL GUARANTEES
All the products offered by the Company are subject to the legal guarantee of conformity provided for by law, and in particular articles L.217-4, L.217-5 and L.217-12 of the Consumer Code, and to the warranty against hidden defects provided for by articles 1641 and 1648, first paragraph, of the Civil Code:
Article L.217-4 of the Consumer Code:'' The seller delivers goods in accordance with the contract and is liable for any lack of conformity existing at the time of delivery.
It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to it by the contract or has been carried out under its responsibility ''.
Article L.217-5 of the Consumer Code:'' The goods comply with the contract:
1 ° If it is suitable for the use usually expected of a similar good and, where 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 given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2 ° Or if it has the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted ''.
Article L.217-12 of the Consumer Code:'' The action resulting from the lack of conformity lapses two years after delivery of the goods. ''
Article 1641 of the Civil Code:`` The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer does not would not have acquired, or would have given a lower price, if he had known them. ''
Article 1648 of the Civil Code, first paragraph:`` The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. ''
If a Customer considers having received a product that he considers to be defective or non-compliant, he must contact the Company, as soon as possible from receipt of the Order, at the following email address:hello @ jnprspirits. com, or by registered mail with acknowledgment of receipt to the following address:31 Route de Fréville, 76190 Carville-la-Folletière, France, specifying the defect or non-conformity in question.
It will be up to the Customer to provide any justification as to the designation of apparent defects and/or anomalies noted.The Customer must give the Company every facility to establish these defects or non-conformities and to remedy them if necessary.He will refrain from intervening himself or involving a third party for this purpose.
If the defects and/or anomalies are confirmed by the Company, the latter will then send the Customer its instructions on how to proceed after having taken cognizance of the complaint thus formulated and, if applicable, will replace the product for which the Company would have been led to notice the lack of conformity, or the defect.
In the event that it is impossible to exchange the product, the Company will be required to reimburse the Customer within fourteen days of receipt of the product.Reimbursement will be made at the Company's proposal by crediting the Client's bank account, the Client being able to opt for a reimbursement method other than the one proposed.
8.1The Customer undertakes to respect the terms of these GTC.
8.2The Client undertakes to use the Site in accordance with the Company's instructions.
8.3The Customer agrees that he uses the Site only for his personal use, in accordance with these GTCIn this regard, the Client agrees to refrain from:
- To use the Site in any illegal manner, for any illegal purpose or in any manner incompatible with these GTC.
- To sell, copy, reproduce, rent, lend, distribute, transfer or sub-license all or part of the content appearing on the Site or to decompile, reverse engineer, disassemble, modify, display in a form readable by the Customer, attempt to discover any source code or use any software activating or comprising all or part of the Site.
- To attempt to obtain unauthorized access to the Site's computer system or to engage in any activity that disrupts, decreases the quality or interferes with the performance or deteriorates the functionality of the Site.
- To use the Site for abusive purposes by intentionally introducing viruses or any other malicious program and to attempt to gain unauthorized access to the Site.
- To infringe the intellectual property rights of the Company and/or to resell or attempt to resell the products to third parties
- To denigrate the Site and/or the products as well as the Company on social networks and any other means of communication
8.4If, for any reason, the Company considers that the Client does not comply with these T & Cs, the Company may at any time, and at its sole discretion, remove its access to the Site and take all measures including any civil and criminal legal action to against him.
9RIGHT TO RETRACT
9.1In accordance with articles L.221-18 et seq. Of the French Consumer Code, the Customer has 14 days from receipt of the last product ordered on the Site to exercise his right of withdrawal from the Company, without having to justify reasons or pay a penalty
9.2To exercise his right of withdrawal from the Order, the Customer must notify his decision to withdraw by means of an unambiguous declaration, without justifying reasons.The Customer may communicate his decision to withdraw to the Company by any means, in particular by sending it by post to the Company at the following address:31 Route de Fréville, 76190 Carville-la-Folletière, France or by email at hello @ jnprspirits.com
9.3In the event of notification to the Company by the Customer of his decision to withdraw, regardless of the means employed, the Company will immediately send him an acknowledgment of receipt of the withdrawal on a durable medium (in particular by email)
9.4The Customer must return the product (s) in the same condition as that in which he/she received it (s), and with all the packaging elements, accessories and instructions (even if the ( s) product (s) has or have been unpacked, as soon as possible and at the latest within 14 days from the notification of the decision to withdraw from this contract, to the following address:31 Route de Fréville, 76190 Carville-la-Folletière, FranceIn accordance with the law, the Customer bears the cost of returning the product (s)
9.5In the event of the Customer's withdrawal, the reimbursement of the product (s) which has or have been the subject of the right of withdrawal is made by the Company by the same means of payment as that used for the initial transaction, unless the Customer expressly agrees in a different wayIn any case, this reimbursement will not incur costs for the Customer.The refund is made as soon as possible, and at the latest 14 days from the day on which the Company is informed of the Customer's decision to withdraw his Order.
9.6In accordance with article L.221-23 of the Consumer Code, the Customer is informed that his responsibility is only engaged with regard to the Company for a depreciation of the product (s), returned (s) following the exercise of his right of withdrawal, resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this or these goods
10.1 The Company implements all measures to ensure the Customer the supply, under optimal conditions, of quality product (s)However, it cannot under any circumstances be held liable for any non-performance or improper performance of all or part of the services provided for in the contract, which is attributable either to the Customer, or to the unforeseeable and insurmountable fact of a third party outside the contract, or to a case of force majeureMore generally, if the Company was held liable, it could in no case accept to compensate the Customer for indirect damage or the existence and/or the amount of which would not be established by evidence.
10.2 The Site may contain links to other sites not published or controlled by the Company, which cannot be held responsible for the operation, content or any element present or obtained through these sites.
10.3 The establishment of such links or the reference to any information, articles or services provided by a third person, cannot and cannot be interpreted as an express or tacit endorsement, by the Company, of these sites and these elements or their contents.
10.4 The Company is not responsible for the availability of these sites and cannot control their content or validate the advertising, product (s) and other information disseminated on these websites.
10.5 It is expressly stipulated that the Company can in no way be held responsible, in any way whatsoever, for the case where the IT equipment or the electronic mail of the Customers reject, for example because of an anti-spam , e-mails sent by the Company, and in particular, without this list being exhaustive, a copy of the payment receipt, the summary of the Order or the shipping tracking e-mail.
10.6 The Client is fully aware of the provisions of this article and in particular of the aforementioned guarantees and limitations of liability, essential conditions without which the Company would never have contracted.
The Customer undertakes not to undermine the security of the SiteTo this end, he undertakes not to carry out any fraudulent access and/or maintenance in the Company's information system.The Client may not harm or hinder the Company's information system either.Failing this, the Company may take any measure against it and in particular incur criminal liability under articles 323-1 et seq. Of the Criminal Code.
12.1 All the elements of this Site and the Site itself are protected by copyright, trademark law, designs and/or all other intellectual property rightsThese elements are the exclusive property of the CompanyAll of these rights are reserved for the whole world.
12.2 The name and brand, logos, drawings and models, stylized letters, figurative marks, and all signs represented on this Site are and will remain the exclusive property of the Company.
12.3 No title or right whatsoever to any element or software will be obtained by downloading or copying elements from this Site.It is strictly forbidden for the Customer to reproduce (except for his personal and non-commercial use), publish, edit, transmit, distribute, show, remove, delete, add to this Site and to the elements and software it contains, no more modify them or carry out any work based on them, nor sell or participate in any sale in connection with this Site, the elements of this Site or any software relating thereto.
12.4 The Company grants the Client a non-exclusive license to use the SiteThis license is strictly personal and can in no case be assigned or transferred to any third party.The license is granted for the duration of use of the Site.
12.5 Any use by the Customer of the corporate names, brands and distinct signs belonging to the Company is strictly prohibited except in the event of the Company's express prior agreement.
13.1 By checking the box provided for this purpose or by expressly agreeing to this end, the Client accepts that the Company may send him, at a frequency and in a form determined by the Client, a newsletter (information letter ) which may contain information relating to its activity.
13.2 When the Customer checks the box provided for this purpose in the registration process on the Site to place the Order, he agrees to receive commercial offers from the Company for products similar to those ordered.
13.3. Customers will have the option to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each of the newsletters (newsletters).
14APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION
14.1 These GTCS are governed and interpreted in accordance with French law, without taking into account the principles of conflicts of laws.
14.2 In the event of a dispute that may arise during the interpretation and/or execution of these Terms or in connection with these GTCS, the Customer may decide to submit the dispute with the Company to a mediation procedure. conventional or any other alternative dispute resolution method
14.3 The Customer can go to the European platform for the settlement of consumer disputes set up by the European Commission at the following address and listing all the dispute settlement bodies approved in France:https:// webgate. ec.europa.eu/odr/.
14.4 In case of failure of this mediation procedure or if the Client wishes to seize a court, the rules of the code of civil procedure will apply.