 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| Copyright © 2002- 20012 Oxygenee Ltd No pictures or text may be reproduced or used in any form without written permission of the site owner. |
| |||||||||||||||||||||||||||||||||||||||||||
ARTICLE 1: SUBJECT
The present terms aim to define the sales conditions between French Vintage
Spirits (hereafter referred to as “We”, or “Us”) and any person visiting or
making a purchase via www.vintagespirits.com website (hereafter referred to
as “You”), from the order to the services, payment and delivery.
The general terms of sale are made available to all internet users on the
www.vintagespirits.com website (hereafter referred to as the “Site”). These
general sales terms may be modified at anytime, but the terms applicable are
those enforced on the site on the date your order is placed.
ARTICLE 2: PRIOR INFORMATION
You acknowledge having had prior notification of the conditions applicable to
the sale as defined here-below; from that moment, You agree to abide by
them entirely.
All our details are accessible on every page of the Site under “CONTACT”. Any
advice, written exchange or claim will be made by mail or by email to the
addresses indicated.
ARTICLE 3: SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES
Excessive drinking is dangerous for the health; alcoholic beverages should be
consumed with moderation.
You recognise that the sale of alcoholic beverages to minors is forbidden, and
You undertake not to place an order for this type of product, if You do not
have the legal age authorised to do so in your country of residence. We could
in no way see our responsibility engaged if an underage customer were to
disregard this clause.
ARTICLE 4: ORDER
Electronic signature
The simple fact of placing an order on our Site constitutes an electronic
signature, which has the same value between us as a handwritten signature.
Confirming the order
All the information regarding the order will be confirmed by email. It will
confirm that your order has been received and payment accepted. It will also
confirm details of the address of delivery, the items ordered and their price.
You will later receive an email once your order has been shipped.
Please note, that once an order is placed it is irrevocable, subject to the
application of the revocation period described below.
ARTICLE 5: PRICES
Prices are quoted in Euros, all taxes included, but do not include shipping
costs.
In the case of orders sent to countries outside France, You are the importer
of the product(s) concerned. For all products shipped outside the European
Union, customs and excise taxes, as well as other local taxes may be due.
These taxes are not our responsibility and are not billed by Us. It is up to You
to declare the goods to the authorities concerned and pay the taxes in your
country. We have no control over these taxes and we cannot estimate them,
since customs and excise taxes vary greatly from one country to another.
Please contact your local customs office for further information.
Applicable taxes, such as VAT, are calculated on the day of the order. Any
changes in the rate will be automatically applied to the price of the products
in the online shop.
We reserve the right to modify our prices at any time, but the products will be
invoiced at the price in force at the time the order is received. The sums paid
can never be considered to be deposits or part payments.
ARTICLE 6: PAYMENT
To pay for your order, You can choose one of the payment methods offered
once you’ve confirmed your order, that is: Paypal, credit or debit card (via
Paypal) or bank transfer.
You guarantee Us that You fulfil the necessary requirements to use the
method of payment You have chosen while validating your order. We reserve
the right to invoice the bank commissions and charges related to the
payment received. Unless otherwise stipulated by prior agreement, invoices
are payable upon receipt, without discount and as soon as the goods are
available.
We reserve the right to suspend the processing and shipping of an order in
the case of a credit card refusal, or in the case of non payment. We also
reserve the right to reject an order if a previous one is not totally or partially
paid or if a payment litigation is still pending.
ARTICLE 7: DELIVERY
Shipping methods
All our products are shipped via the French postal service. Within
Metropolitan France, We use “Colissimo” with tracking. Outside France, We
use “International Colissimo” with tracking.
Delivery times
Delivery time is 2 days within France, 3 to 5 days within Europe and 5 to 10
days for the rest of the world. These times are given with no guarantee, We
decline any responsibility in case of delays.
Delivery terms and conditions
The products are shipped to the address You provided when you placed your
order; You must ensure it is correct. All returned orders due to an incorrect or
incomplete address will be reshipped at your cost.
The French postal service is reliable but as with all shipping companies, a
delay may occur or a parcel may get lost in transit. If case you note a longer
than expected delivery time, We ask You to contact us by email with your
order number so that We can contact the French postal service and open an
investigation. In most cases, the parcel is found and immediately redirected
to your address. If the parcel is not found, We will ship You the same order
again at our cost. If the product(s) You had ordered are no longer available
at the time, we will refund your order completely.
Delivery problems due to the carrier
Any delivery irregularity (parcel bumped, product damaged or missing) must
be indicated on the delivery note together with your signature. At the same
time, You must also send Us an email with your order number and, if possible,
a picture showing the irregularity.
Delivery Errors
If any of the product received does not correspond to what You had ordered,
You must send us a claim by email within 2 days after receiving the parcel.
We will then send You all the details for returning the product(s) back to Us.
Once the product(s) are received in our office, We will refund you all shipping
costs involved except if the product(s) do(es) not correspond to the initial
claim or if we notice any damage.
ARTICLE 8: PRODUCT GUARANTEE
In accordance with article 4 of decree n°78-464 from March 24th 1978, We
are obliged to guarantee You against all hidden defects of the product sold.
ARTICLE 9: ORDER WITHDRAL POLICY
You have the right to return your order within a period of seven working days
from the date of delivery, at your own cost, if You are not satisfied with the
product(s) We sold you. This period runs from the day the parcel was
delivered to you. If this period expires on a Saturday, a Sunday, a bank
holiday or any other non-working day, it will be extended to the following
working day. You must contact us by email before returning the product(s) to
us.
We shall only accept products returned to Us intact, in their original
packaging and in perfect condition. Any products returned spoilt or whose
original packaging has been deteriorated will be neither exchanged nor
reimbursed.
This right to withdraw your order will be honoured without any penalty
except for the returning shipping costs. If You choose to return your order,
You have the right to either ask for a refund of your order or for an exchange.
If an exchange is chosen, the reshipment will be at your own cost.
ARTICLE 10: LIABILITY
We deny any liability for any inconvenience or damages due to using
Internet, namely in the event of an interruption of the system, for any
outside interference, downloaded viruses or damages caused to the
computer or to the software, caused by You or derived from visiting our site.
Our liability only extends to having to advise You how to use the information
We make available to persons visiting our website. Although We have taken
every precaution to ensure the reliability of the information contained on this
Website, We deny any liability resulting from errors, omissions, or as a result
of whatever use that could be made from this information. Namely, the use of
hypertext links may lead You to other websites, over which We have no
control.
ARTICLE 11: INTELLECTUAL PROPERTY
We grant You licence to access our website, limited to your own personal
use. You are under no condition authorised to download or modify all, or any
part of this Website without our written authorisation. This licence under no
condition allows You to use this website or its content for any sale’s or
commercial transactions whatsoever (listed products, descriptions, prices,
downloading or copy the information on behalf of another, use the data,
software, sound effects, graphic designs, pictures, texts, photos, tools).
This website or any part of this website must on no account be reproduced,
copied, sold or used for commercial reasons without our prior, written
permission.
You are forbidden to use any techniques able to copy a brand, a logo or any
other information (namely pictures, texts, visuals) belonging to Us without
our prior written permission. You are forbidden to use meta tags or any other
“hidden” script containing our name, our brand or those of our group without
our prior written agreement. All non authorised use will put an immediate end
to the licence We have granted You.
We authorise You on a non exclusive and revocable basis, to create a
hypertext link aiming at our website homepage, on condition that this link
cannot be to our detriment or to that of any companies of our group or to any
of our products, or any of our services; neither have cause for deceit, forgery
or be taken pejoratively. We deny all liability whatsoever due to this
hypertext link and the content of your site.
Any use in your link of our logo, our brand or our graphics requires our
written authorisation.
ARTICLE 12: COMMENTS, CRITICISMS, COMMUNICATION AND OTHER
TEXTS
You can send Us your criticisms, your comments or other messages. We
submit suggestions, ideas and other information, as long as the content is
not illegal, obscene, abusive, menacing, defamatory, libellous or contravening
the rights of intellectual property or prejudicial to a third party and is not or
does not contain a computer virus; political militancy, commercial canvassing,
mass mailing or letter chains or any other form of “spam”. You are not to use
a false e-mail address, usurp the identity of another person or entity, neither
lie on the origin of the text. We reserve the right at our entire discretion, to
remove or modify any content namely for technical reasons (insufficient
storage capacity, virus, legibility of the webpage) or legal reasons (wording
of a defamatory, untrue, racist, obscene or justifying crimes against
humanity.) The reasons mentioned above are simply examples and are by no
means exhaustive.
If You send Us content, and unless otherwise stipulated by Us, You will
accept to grant Us as well as the companies of our group all non exclusive
free rights, and this for the legal duration of the copyright to use, reproduce,
modify, adapt, publish, translate, distribute, sublicense, and to display the
content worldwide on all media. You grant Us as well as to the companies of
our group and our sub-licensees the right to use the name You have
communicated to Us in the transmission of the content. You relinquish the
right to be identified as the author of the content. You accept to take the
necessary steps to enhance the rights You have granted Us, namely by
complying with our demands.
You declare and guarantee that You are the owner or have the necessary
rights on the content that You transmit to Us; that at the date of its
transmission (i) the content is exact and true, (ii) the use of the content does
not contravene any of our policies and will not be damaging to any third party
(i.e that the content is not defamatory). You accept to compensate Us in the
case of a legal action brought against Us by a third party when this action is
due to, or has any link with the content that You have transmitted to Us.
ARTICLE 13: PROTECTING THE DATA
We undertake to protect your personal data. All personal data We received
will be treated with the strictest confidenciality in compliance with our
protection policy on personal data.
In accordance with the law from January 6th 1978, You have the right of
access your data and the right to change it. This right can be applied by mail
or by email from the contact page.
ARTICLE 14: DISPUTES
In the event of one of the clauses of the present contract being null and void,
either due to a change in legislation, in regulation, or by a justice decision,
this would have no effect whatsoever on the validity of the present general
terms of sale.
In case of a dispute, You should first contact Us to try to obtain an amicable
agreement. Failing this, the only commercial courts are those of Caen
(France).
ARTICLE 15: DURATION
The present terms apply for the whole duration of our online services.
ARTICLE 16: PROOFS
The computerized records stored in our data systems and our partners’ data
systems with reasonable security conditions will be considered as proofs of
transactions, orders and payments between the parties.
ARTICLE 17: STORING AND ARCHIVING OF TRANSACTIONS
The storing of orders and invoices is performed on reliable and durable
mediums in order to provide an accurate and long-lasting copy in compliance
with article 1348 of the civil code.
The present terms aim to define the sales conditions between French Vintage
Spirits (hereafter referred to as “We”, or “Us”) and any person visiting or
making a purchase via www.vintagespirits.com website (hereafter referred to
as “You”), from the order to the services, payment and delivery.
The general terms of sale are made available to all internet users on the
www.vintagespirits.com website (hereafter referred to as the “Site”). These
general sales terms may be modified at anytime, but the terms applicable are
those enforced on the site on the date your order is placed.
ARTICLE 2: PRIOR INFORMATION
You acknowledge having had prior notification of the conditions applicable to
the sale as defined here-below; from that moment, You agree to abide by
them entirely.
All our details are accessible on every page of the Site under “CONTACT”. Any
advice, written exchange or claim will be made by mail or by email to the
addresses indicated.
ARTICLE 3: SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES
Excessive drinking is dangerous for the health; alcoholic beverages should be
consumed with moderation.
You recognise that the sale of alcoholic beverages to minors is forbidden, and
You undertake not to place an order for this type of product, if You do not
have the legal age authorised to do so in your country of residence. We could
in no way see our responsibility engaged if an underage customer were to
disregard this clause.
ARTICLE 4: ORDER
Electronic signature
The simple fact of placing an order on our Site constitutes an electronic
signature, which has the same value between us as a handwritten signature.
Confirming the order
All the information regarding the order will be confirmed by email. It will
confirm that your order has been received and payment accepted. It will also
confirm details of the address of delivery, the items ordered and their price.
You will later receive an email once your order has been shipped.
Please note, that once an order is placed it is irrevocable, subject to the
application of the revocation period described below.
ARTICLE 5: PRICES
Prices are quoted in Euros, all taxes included, but do not include shipping
costs.
In the case of orders sent to countries outside France, You are the importer
of the product(s) concerned. For all products shipped outside the European
Union, customs and excise taxes, as well as other local taxes may be due.
These taxes are not our responsibility and are not billed by Us. It is up to You
to declare the goods to the authorities concerned and pay the taxes in your
country. We have no control over these taxes and we cannot estimate them,
since customs and excise taxes vary greatly from one country to another.
Please contact your local customs office for further information.
Applicable taxes, such as VAT, are calculated on the day of the order. Any
changes in the rate will be automatically applied to the price of the products
in the online shop.
We reserve the right to modify our prices at any time, but the products will be
invoiced at the price in force at the time the order is received. The sums paid
can never be considered to be deposits or part payments.
ARTICLE 6: PAYMENT
To pay for your order, You can choose one of the payment methods offered
once you’ve confirmed your order, that is: Paypal, credit or debit card (via
Paypal) or bank transfer.
You guarantee Us that You fulfil the necessary requirements to use the
method of payment You have chosen while validating your order. We reserve
the right to invoice the bank commissions and charges related to the
payment received. Unless otherwise stipulated by prior agreement, invoices
are payable upon receipt, without discount and as soon as the goods are
available.
We reserve the right to suspend the processing and shipping of an order in
the case of a credit card refusal, or in the case of non payment. We also
reserve the right to reject an order if a previous one is not totally or partially
paid or if a payment litigation is still pending.
ARTICLE 7: DELIVERY
Shipping methods
All our products are shipped via the French postal service. Within
Metropolitan France, We use “Colissimo” with tracking. Outside France, We
use “International Colissimo” with tracking.
Delivery times
Delivery time is 2 days within France, 3 to 5 days within Europe and 5 to 10
days for the rest of the world. These times are given with no guarantee, We
decline any responsibility in case of delays.
Delivery terms and conditions
The products are shipped to the address You provided when you placed your
order; You must ensure it is correct. All returned orders due to an incorrect or
incomplete address will be reshipped at your cost.
The French postal service is reliable but as with all shipping companies, a
delay may occur or a parcel may get lost in transit. If case you note a longer
than expected delivery time, We ask You to contact us by email with your
order number so that We can contact the French postal service and open an
investigation. In most cases, the parcel is found and immediately redirected
to your address. If the parcel is not found, We will ship You the same order
again at our cost. If the product(s) You had ordered are no longer available
at the time, we will refund your order completely.
Delivery problems due to the carrier
Any delivery irregularity (parcel bumped, product damaged or missing) must
be indicated on the delivery note together with your signature. At the same
time, You must also send Us an email with your order number and, if possible,
a picture showing the irregularity.
Delivery Errors
If any of the product received does not correspond to what You had ordered,
You must send us a claim by email within 2 days after receiving the parcel.
We will then send You all the details for returning the product(s) back to Us.
Once the product(s) are received in our office, We will refund you all shipping
costs involved except if the product(s) do(es) not correspond to the initial
claim or if we notice any damage.
ARTICLE 8: PRODUCT GUARANTEE
In accordance with article 4 of decree n°78-464 from March 24th 1978, We
are obliged to guarantee You against all hidden defects of the product sold.
ARTICLE 9: ORDER WITHDRAL POLICY
You have the right to return your order within a period of seven working days
from the date of delivery, at your own cost, if You are not satisfied with the
product(s) We sold you. This period runs from the day the parcel was
delivered to you. If this period expires on a Saturday, a Sunday, a bank
holiday or any other non-working day, it will be extended to the following
working day. You must contact us by email before returning the product(s) to
us.
We shall only accept products returned to Us intact, in their original
packaging and in perfect condition. Any products returned spoilt or whose
original packaging has been deteriorated will be neither exchanged nor
reimbursed.
This right to withdraw your order will be honoured without any penalty
except for the returning shipping costs. If You choose to return your order,
You have the right to either ask for a refund of your order or for an exchange.
If an exchange is chosen, the reshipment will be at your own cost.
ARTICLE 10: LIABILITY
We deny any liability for any inconvenience or damages due to using
Internet, namely in the event of an interruption of the system, for any
outside interference, downloaded viruses or damages caused to the
computer or to the software, caused by You or derived from visiting our site.
Our liability only extends to having to advise You how to use the information
We make available to persons visiting our website. Although We have taken
every precaution to ensure the reliability of the information contained on this
Website, We deny any liability resulting from errors, omissions, or as a result
of whatever use that could be made from this information. Namely, the use of
hypertext links may lead You to other websites, over which We have no
control.
ARTICLE 11: INTELLECTUAL PROPERTY
We grant You licence to access our website, limited to your own personal
use. You are under no condition authorised to download or modify all, or any
part of this Website without our written authorisation. This licence under no
condition allows You to use this website or its content for any sale’s or
commercial transactions whatsoever (listed products, descriptions, prices,
downloading or copy the information on behalf of another, use the data,
software, sound effects, graphic designs, pictures, texts, photos, tools).
This website or any part of this website must on no account be reproduced,
copied, sold or used for commercial reasons without our prior, written
permission.
You are forbidden to use any techniques able to copy a brand, a logo or any
other information (namely pictures, texts, visuals) belonging to Us without
our prior written permission. You are forbidden to use meta tags or any other
“hidden” script containing our name, our brand or those of our group without
our prior written agreement. All non authorised use will put an immediate end
to the licence We have granted You.
We authorise You on a non exclusive and revocable basis, to create a
hypertext link aiming at our website homepage, on condition that this link
cannot be to our detriment or to that of any companies of our group or to any
of our products, or any of our services; neither have cause for deceit, forgery
or be taken pejoratively. We deny all liability whatsoever due to this
hypertext link and the content of your site.
Any use in your link of our logo, our brand or our graphics requires our
written authorisation.
ARTICLE 12: COMMENTS, CRITICISMS, COMMUNICATION AND OTHER
TEXTS
You can send Us your criticisms, your comments or other messages. We
submit suggestions, ideas and other information, as long as the content is
not illegal, obscene, abusive, menacing, defamatory, libellous or contravening
the rights of intellectual property or prejudicial to a third party and is not or
does not contain a computer virus; political militancy, commercial canvassing,
mass mailing or letter chains or any other form of “spam”. You are not to use
a false e-mail address, usurp the identity of another person or entity, neither
lie on the origin of the text. We reserve the right at our entire discretion, to
remove or modify any content namely for technical reasons (insufficient
storage capacity, virus, legibility of the webpage) or legal reasons (wording
of a defamatory, untrue, racist, obscene or justifying crimes against
humanity.) The reasons mentioned above are simply examples and are by no
means exhaustive.
If You send Us content, and unless otherwise stipulated by Us, You will
accept to grant Us as well as the companies of our group all non exclusive
free rights, and this for the legal duration of the copyright to use, reproduce,
modify, adapt, publish, translate, distribute, sublicense, and to display the
content worldwide on all media. You grant Us as well as to the companies of
our group and our sub-licensees the right to use the name You have
communicated to Us in the transmission of the content. You relinquish the
right to be identified as the author of the content. You accept to take the
necessary steps to enhance the rights You have granted Us, namely by
complying with our demands.
You declare and guarantee that You are the owner or have the necessary
rights on the content that You transmit to Us; that at the date of its
transmission (i) the content is exact and true, (ii) the use of the content does
not contravene any of our policies and will not be damaging to any third party
(i.e that the content is not defamatory). You accept to compensate Us in the
case of a legal action brought against Us by a third party when this action is
due to, or has any link with the content that You have transmitted to Us.
ARTICLE 13: PROTECTING THE DATA
We undertake to protect your personal data. All personal data We received
will be treated with the strictest confidenciality in compliance with our
protection policy on personal data.
In accordance with the law from January 6th 1978, You have the right of
access your data and the right to change it. This right can be applied by mail
or by email from the contact page.
ARTICLE 14: DISPUTES
In the event of one of the clauses of the present contract being null and void,
either due to a change in legislation, in regulation, or by a justice decision,
this would have no effect whatsoever on the validity of the present general
terms of sale.
In case of a dispute, You should first contact Us to try to obtain an amicable
agreement. Failing this, the only commercial courts are those of Caen
(France).
ARTICLE 15: DURATION
The present terms apply for the whole duration of our online services.
ARTICLE 16: PROOFS
The computerized records stored in our data systems and our partners’ data
systems with reasonable security conditions will be considered as proofs of
transactions, orders and payments between the parties.
ARTICLE 17: STORING AND ARCHIVING OF TRANSACTIONS
The storing of orders and invoices is performed on reliable and durable
mediums in order to provide an accurate and long-lasting copy in compliance
with article 1348 of the civil code.
|