Term of sales

The site SOCIETE D'EXPLOITATION DES MARQUES ALLIEES is an electronic commerce site accessible to all users of the Internet, owned by SOCIETE D'EXPLOITATION DES MARQUES ALLIEES SAS au capital de 48 900€, domiciled at 2459 ROUTE DE VAISON, 84190 VACQUEYRAS, hereinafter referred to as “Seller”.

It offers products for sale to Internet users browsing this website, hereinafter referred to as “users”. The user who has validated an order shall be referred to as the “Customer”.

The present general terms and conditions of sale apply to all countries to which an order can be delivered.

Ordering

Any order placed on this site implies acceptance of these general terms of sale.
The seller reserves the right to modify at any time the present general conditions of sale by publishing a new version on the site. The general terms and conditions of sale applicable are those in force on the date the order is placed.

An email summarising all the elements of the order and serving as an acknowledgement of receipt will also be sent to the buyer at the email address indicated by him/her.

The purchaser who has placed an order may access the follow-up of his/her order, as well as all his/her data by going to his/her account after having identified himself/herself by his/her e-mail address and password.

Products

Features :

The products offered for sale on the Site are the subject of a “Product Sheet” drawn up by SOCIETE D'EXPLOITATION DES MARQUES ALLIEES mentioning their essential characteristics within the meaning of Article L 111-1 of the Consumer Code. The photographs do not constitute a contractual document.

Compliance :

The products comply with the regulations in force relating to the safety and health of persons, the fairness of commercial transactions and the protection of consumers at the time they are placed on the market (Code de la consommation art L 411-1). For products sold in a foreign country that is a member of the European Union, the products comply with the requirements of French law in force at the time they were placed on the market.

Stock availability :

The products offered are valid while stocks last. In the event of unavailability, the Seller shall immediately inform the Customer, who may either be reimbursed by SEPA transfer within 30 days or accept a voucher for the amount of the order, which may be used for any subsequent purchase.
The Seller shall not be liable for any cancellation indemnity and shall not be held responsible for any stock shortage that may occur after the order has been placed by the Customer.

Price

Selling price :

The sale prices, in accordance with article L 112-1 of the French Consumer Code, are indicated, for each of the products listed on the Site, in euros, including all taxes; excluding, where applicable, customs duties; excluding delivery and transport costs, which are mentioned before the order is validated and invoiced in addition. The total amount due by the Customer is indicated on the order confirmation page. The selling price of the product is the one in force on the day of the order.

Modification :

The Seller reserves the right to modify its prices at any time, while guaranteeing the Customer the application of the price in force on the day of the order.

Costs :

Any additional transport, delivery or postage costs, of which the Customer may have become aware before ordering, are mentioned on the order summary page or on the order form in the case of a physical order. Postage costs are composed of a contribution to the costs of preparation and packaging of the order. They are fixed and may be modified at each sale.
Any customs fees may not be known at the time of ordering and shall be paid by the Customer separately and on request from the competent authorities.

Order

Steps for concluding the contract :

In order to place an order, the adult Customer, after having filled his/her virtual basket with the selected products and desired quantities, clicks on the “Order” button and provides the information relating to delivery and payment method. Before clicking on the “Confirm order” button, the Customer has the possibility to check the details of his/her order and its total price and to return to the previous pages to correct any errors, to modify his/her order or to cancel it.
Confirmation of the order constitutes acceptance of the GTC and forms the contract. An e-mail acknowledging receipt of the order and its payment is sent by the Seller to the Customer.

Validation of the order:

The Seller reserves the right to refuse any order for legitimate reasons and more particularly if the quantities of products ordered are abnormally high for the Customer as a consumer. All orders entail an obligation to pay.

Contract

The sales contract is formed at the time the Customer sends confirmation of his/her order.
Communications, order forms and invoices are archived on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with Article 1360 of the Civil Code. These communications, order forms and invoices may be produced as proof of the contract.

Payment

Payability:

The price is due in full after confirmation of the order. Payment is made immediately upon ordering via a 3DSecure system and only by credit card (Carte Bleue, VISA, Master Card).
The Customer guarantees that he/she is fully entitled to use the bank card he/she is using and that this bank card gives access to sufficient funds to cover the amount of the order.

Additional payment:

Prior to the conclusion of a sales contract, the Seller shall ensure that the Customer has given his express consent to any additional payment in addition to the price of the main object of the contract (Article L 121-18 of the Consumer Code). In the event that the additional payment is the result of the Customer’s consent given by default, without explicit acceptance, the Customer may claim reimbursement of the sums paid for this additional payment (Article L 131-6 of the Consumer Code).

Payment security:

By validating the order on the Site, the Customer is put in contact with the banking institution. The transmission of bank details is totally secure (SSL encryption) and ensured by the Société Générale bank. The Company never has access to the bank details that are entered online on the Société Générale bank site.

Default of payment:

The seller reserves the right, when the agreed price is not paid, to cancel the order.
In this case, the seller shall inform the Customer by e-mail.

Retention of title clause:

The seller remains the owner of the products sold until full payment of the price by the Client.

Delivery

The Seller undertakes to respect the delivery times indicated at the time of the order.

Place of delivery :

The products are delivered to the address indicated by the Customer at the delivery address indicated at the time of the order.

Methods of delivery:

Delivery is made by handing the product directly to the Customer.
When the product is delivered to the address indicated on the order form by a carrier, it is the Customer’s responsibility to check the condition of the product delivered in the presence of the delivery person and, in the event of damage or missing items, to express reservations on the delivery note or the transport receipt and, if necessary, to refuse the product and to inform the Seller.

Conformity of the products :

If the product does not conform to the order, the Customer must address a complaint to the Seller in order to obtain the replacement of the product or possibly the resolution of the sale.

Failure to deliver:

Total failure to deliver shall result in the automatic termination of the sales contract.

Delivery and transfer of risk :

The risk of loss or damage to the goods is transferred to the Customer at the moment he or a third party designated by him takes physical possession of the goods, without distinction according to their nature.
The product which is delivered to the Customer by a carrier chosen by the Seller, travels at the Seller’s risk.
The product which is returned by the Customer via a carrier of his choice, travels at the Customer’s risk.

Transfer of ownership :

From the date of receipt of the order by the Customer, the ownership of the product is transferred to the Customer, except in the case where the full payment of the price has not been received at the time of the order.

Legal guarantee of conformity and guarantee against hidden defects

Information for the Customer:

All products supplied by the Seller benefit from the legal guarantee of conformity provided for in Articles L 217-4 et seq. of the French Consumer Code or the guarantee against hidden defects provided for in Articles 1641 to 1649 of the French Civil Code. The Seller is liable for defects in the conformity of the goods covered by the contract under the conditions of Article L 217-4 et seq. of the French Consumer Code and for hidden defects in the goods sold under the conditions set out in Articles 1641 et seq. of the French Civil Code.

Claims:

Claims made under the guarantees must be sent by e-mail to the customer service department under the conditions of these general conditions of sale. Products covered by the guarantees must be returned in new condition, complete and in their original packaging after receipt and confirmation of the claim by the after-sales service. The Customer will be reimbursed for the cost of return within thirty days of receipt of the product by the Seller.

Law applicable to guarantees

The French law applicable to the contract may not have the effect of depriving the Customer residing in another Member State of the provisions on guarantees granted to him by his national law in application of the Directive of 25 May 1999 on the sale of consumer goods and associated guarantees.

Liability

Exemption from liability :

The Seller’s liability cannot be incurred in the event of non-performance or poor performance of the contract due either to the Customer’s fault, or to the insurmountable and unforeseeable fault of a third party to the contract, or to force majeure. The Seller shall not be held liable for the product’s non-conformity with the legislation of the Customer’s country, and it is the Customer’s responsibility to check that the product is not prohibited for sale in his country.

Penal clause:

In all cases of non-performance of its obligations by the Customer, the price paid at the time of the order shall be retained by the Seller as compensation.

Resolutive clause

The cancellation of the order in the cases provided for in these GTC shall be pronounced by simple registered letter with acknowledgement of receipt or by electronic letter and shall be acquired by operation of law without any legal formalities.

Right of withdrawal

In accordance with articles L 221-5, L 221.18 and following of the French Consumer Code, the Customer has a period of fourteen (14) clear days from the date of receipt of the last product ordered on the Site to exercise his/her right of withdrawal from the Company without having to justify his/her reasons or pay any penalty.
To exercise his right of withdrawal from the order, the Customer shall contact the Seller using the form on the “contact” page. The Customer must indicate his name, address (delivery), telephone number, e-mail address and the number of the order in question; as well as his decision to withdraw from the contract by means of an unambiguous statement.

In order for the fourteen-day withdrawal period to be observed, it is sufficient to send you your communication regarding the exercise of the right of withdrawal before the expiry of this period. In any case, the burden of proof of this right lies with the Customer.

In the event that the Customer notifies the Seller of his decision to withdraw, whatever the means used, the Seller shall send him without delay an acknowledgement of receipt of the withdrawal on a durable medium (in particular by e-mail).

The Customer must return the product(s) in the same condition in which he/she received them, and with all packaging, accessories and instructions, as soon as possible and at the latest within 14 days of notification of the decision to withdraw from this contract, to the Seller’s address. In accordance with the law, the Customer shall bear the cost of returning the product(s).

The Client is invited to indicate the reason for the return/withdrawal in order to help the Company improve its service.
In the event that the Customer withdraws, the refund of the product(s) that was (were) the subject of the right of withdrawal shall be made by the Seller by the same means of payment as that used for the initial transaction, unless the Customer expressly agrees to a different means. In any event, this refund shall not incur any costs for the Customer. The reimbursement shall be made as soon as possible, and at the latest within 14 days from the day on which the Company is informed of the Client’s decision to withdraw from the order.

In accordance with Article L 121-23 of the French Consumer Code, the Client is informed that he/she is only liable to the Company for any depreciation of the Product(s) returned following the exercise of his/her right of withdrawal, resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the said goods.

Customer’s obligation

The Customer agrees to comply with the terms of these GTC and to use the Site and the Products in accordance with the Company’s instructions. The Client agrees to use the Site only for his/her personal use in accordance with these GTC. In this respect the Client agrees to refrain from

Use the Site in any illegal manner, for any illegal purpose and in any manner inconsistent with these GTC.
Sell, copy, reproduce, rent, lend, distribute, transfer or sub-license all or part of the contents of the Site or decompile, reverse engineer, disassemble, modify, display in a form readable by the Customer, attempt to discover any source code or use any software enabling or comprising the functionalities of the Site.
Attempt to gain unauthorised access to the Site’s computer system or to engage in any activity that disrupts, diminishes the quality of, or interferes with the performance or functionality of the Site.
Misuse the Site by deliberately introducing viruses or any other malicious program and attempt to gain unauthorised 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.

If for any reason, the Company considers that a Client is not respecting these GTC, the Company may at any time, and at its sole discretion, remove his access to the Site and take all measures including any civil and criminal legal action against him.

Privacy

For information on the processing of personal data, please refer to the Privacy Policy.

Minors

Alcohol abuse is dangerous for your health, consume in moderation. In application of article L 3342-1 of the Public Health Code prohibiting the sale of alcohol to minors under the age of eighteen, the Customer undertakes, by validating his order, to be at least eighteen years old on the date of the order.

Prior complaint to the customer service

In accordance with article R 221-2 et seq. of the French Consumer Code, in the event of a dispute, the Client must first contact the Company’s customer service.

Applicable law – Mediation – Jurisdiction

This contract and the general terms of sale governing it are subject to French law. In the event of a dispute arising from the interpretation and/or performance of these terms and conditions or in relation to these terms and conditions of sale, the Client may decide to submit the dispute with the Company to a conventional mediation procedure or any other alternative dispute resolution method. The competent court shall be that of the defendant’s domicile (Article 42 of the Code of Civil Procedure) or that of the place of actual delivery of the goods or performance of the service (Article 46 of the Code of Civil Procedure).