General Terms and Conditions of Sale

Between the company SAS DJIN SPIRITS, 56 Route de Nercillac, 16100 SAINT-BRICE, with a share capital of €10,000, registered with the Paris Trade and Companies Register under the number SIRET 88228855800019, represented by Romuald Vincent as manager, duly authorized for the purposes hereof.

The company can be contacted by email via the contact form accessible from the homepage of the website or directly using the address romuald.vincent@laposte.net.

Hereinafter referred to as the “Seller” or the “Company”. On one part,
And the individual or legal entity purchasing products or services from the company, hereinafter referred to as the “Buyer” or the “Customer”. On the other part,
It is hereby stated and agreed as follows:

PREAMBLE

The Seller is a wholesaler (4634Z) providing products and services to consumers, marketed through its websites (https://djinspirits.com/). The list and description of the goods and services offered by the Company can be viewed on the aforementioned websites.

Article 1 : Purpose

These General Terms and Conditions of Sale determine the rights and obligations of the parties in the context of online sales of products or services offered by the Seller.

Article 2: General Provisions

These General Terms and Conditions of Sale (GTC) govern the sale of products or services made through the Company’s websites and are an integral part of the Contract between the Buyer and the Seller. They are fully binding on the Buyer who accepted them before placing an order. The Seller reserves the right to modify these terms at any time by publishing a new version on its website. The applicable GTC are those in force at the date of payment (or first payment in the case of multiple payments) of the order. These GTC can be viewed on the Company’s website at: https://djinspirits.com/.

The Company also ensures that their acceptance is clear and unequivocal by implementing a checkbox and validation click. The Customer declares that they have read all of these General Terms and Conditions of Sale, and if applicable, the Special Terms and Conditions related to a product or service, and accept them without restriction or reservation.

The Customer acknowledges that they have received the necessary advice and information to ensure that the offer meets their needs.

The Customer declares that they are legally able to contract under French law or to validly represent the individual or legal entity for which they are committing.

Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.

Article 3 : Prices

The prices of products sold through the websites are indicated in Euros excluding taxes and are precisely determined on the product description pages. They are also indicated in euros including all taxes (VAT + other possible taxes) on the product order page, and excluding specific shipping costs. For all products shipped outside the European Union and/or DOM-TOM, the price is automatically calculated excluding taxes on the invoice. Customs duties or other local taxes, import duties, or state taxes may be required in some cases. These duties and amounts are not the Seller’s responsibility. They will be at the expense of the buyer and are their responsibility (declarations, payment to the competent authorities, etc.). The Seller invites the buyer to inquire about these aspects with the corresponding local authorities. The Company reserves the right to change its prices at any time for the future. Telecommunication costs necessary for accessing the Company’s websites are the responsibility of the Customer. If applicable, delivery costs are also the Customer’s responsibility.

Article 4: Conclusion of the Online Contract

In accordance with the provisions of Article 1127-1 of the Civil Code, the Customer must follow a series of steps to conclude the contract electronically in order to place their order:
– Information on the essential characteristics of the Product;
– Selection of the Product, if applicable, its options;
– Provision of the Customer’s essential contact details (identification, email, address…);
– Acceptance of these General Terms and Conditions of Sale;
– Verification of the order details (double-click formalities) and, if necessary, correction of errors. – Before confirming, the Buyer has the opportunity to review the details of their order, its price, and correct any possible errors or cancel the order. Confirmation of the order constitutes the formation of the present contract.
– Following the instructions for payment, payment for the products, and then delivery of the order. The – – Customer will receive confirmation by email of the payment of the order, as well as an acknowledgment of receipt of the order confirming it. They will receive a .pdf copy of these General Terms and Conditions of Sale.

The customer will have the opportunity during the ordering process to identify and correct any errors made in entering data. The language proposed for the conclusion of the contract is French.

The offer terms and General Terms and Conditions of Sale are sent by email to the buyer at the time of the order and archived on the Seller’s website. If applicable, the professional and commercial rules to which the offeror intends to adhere are available in the “additional rules” section of these GTC, viewable on the Seller’s website at: https://djinspirits.com/

Archiving of communications, the order, order details, and invoices is done on a reliable and durable medium to constitute a true and lasting copy in accordance with the provisions of Article 1360 of the Civil Code. This information may be produced as evidence of the contract.

For delivered products, delivery will be made to the address provided by the Customer. To ensure proper fulfillment of the order, the Customer agrees to provide accurate identification information. The Seller reserves the right to refuse the order, for example, for any abnormal request, made in bad faith, or for any legitimate reason.

Article 5: Products and Services

The essential characteristics of the goods, services, and their respective prices are provided to the buyer on the Company’s websites, as well as, if applicable, the mode of use of the product. In accordance with Article L112-1 of the Consumer Code, the consumer is informed, through marking, labeling, display, or any other appropriate method, of the prices and specific conditions of the sale and execution of services before concluding the sales contract. In all cases, the total amount due by the Buyer is indicated on the order confirmation page. The sale price of the product is that in effect at the time of the order, excluding shipping costs which are billed separately. These possible costs are indicated to the Buyer during the sales process, and in any case at the time of order confirmation. The Seller reserves the right to change its prices at any time, while guaranteeing the application of the price indicated at the time of the order. When products or services are not immediately performed, clear information is provided on the product presentation page regarding the delivery dates of the products or services. The customer confirms receiving details of delivery costs as well as the terms of payment, delivery, and execution of the contract, as well as detailed information regarding the identity of the seller, their postal, telephone, and electronic contact details, and their activities in the context of this sale. The Seller agrees to fulfill the Customer’s order within the limits of available Product stocks only. If not, the Seller informs the Customer; if the order has been placed, and if no agreement with the Customer on a new delivery date is reached, the Seller refunds the customer. Contractual information is presented in detail and in French. The parties agree that illustrations or photos of the products offered for sale have no contractual value. The validity period of the Product offers as well as their prices is specified on the Company’s websites, as well as the minimum duration of the contracts offered when they involve a continuous or periodic supply of products or services. Unless otherwise specified, the rights granted under these terms are solely to the individual signing the order (or the person holding the email address provided).

Article 6: Conformity

In accordance with Article L.411-1 of the Consumer Code, the products and services offered for sale through these GTC comply with the applicable safety and health regulations, commercial fairness, and consumer protection. Regardless of any commercial guarantee, the Seller remains liable for defects in conformity and hidden defects of the product.

In accordance with Article L.217-4, the Seller delivers a product in accordance with the contract and is liable for defects in conformity existing at the time of delivery. They are also liable for defects in conformity resulting from packaging, assembly instructions, or installation if these were stipulated in the contract or performed under their responsibility.

In accordance with legal provisions on conformity and hidden defects (Art. 1641 Civil Code), the Seller refunds or exchanges defective products or those not corresponding to the order. A refund request can be made as follows: by filing a complaint at romuald.vincent@laposte.net.

Article 7: Retention of Title

The products remain the property of the Company until full payment of the price.

Article 8: Delivery Terms

Products are delivered to the delivery address provided at the time of the order and within the indicated timeframes. These deadlines do not include the order preparation time. When the Customer orders multiple products at the same time, they may have different delivery times and be shipped as follows: delivery via one or more parcels. In case of shipping delay, file a complaint at romuald.vincent@laposte.net. In case of delivery delay, the Customer has the option to cancel the contract under the conditions and terms defined in Article L 138-2 of the Consumer Code. The Seller will then refund the product and the “outbound” costs under the conditions of Article L 138-3 of the Consumer Code. The Seller provides a contact telephone number (cost of a local call from a landline) indicated in the order confirmation email to ensure order tracking. The Seller reminds that at the moment the Customer physically takes

Article 9: Availability and Presentation

In case an item is unavailable for a period exceeding 30 working days, you will be immediately notified of the expected delivery time, and the order for this item may be canceled upon simple request. The Customer may then request a credit note for the amount of the item or a full refund and cancellation of the order.

Article 10: Payment

Payment is required immediately upon ordering, including for preordered products. The Customer can make the payment by credit card or bank check. Cards issued by banks domiciled outside France must be international cards (Mastercard or Visa). Online secure payment by credit card is handled by our payment provider. The information transmitted is encrypted and cannot be read during transmission over the network. Once the payment is initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay by card is irrevocable. By providing their banking information during the sale, the Customer authorizes the Seller to debit their card for the amount corresponding to the indicated price. The Customer confirms that they are the legal holder of the card to be debited and that they are legally entitled to use it. In case of error or inability to debit the card, the sale is automatically terminated, and the order is canceled.

Article 11: Right of Withdrawal

In accordance with Article L 221-5 of the Consumer Code, the Buyer has the right to withdraw without giving any reason within fourteen (14) days from the date of receipt of their order. The right of withdrawal can be exercised by contacting the Company as follows: by filing a complaint at the address romuald.vincent@laposte.net. We inform Customers that in accordance with Articles L. 221-18 to L. 221-28 of the Consumer Code, this right of withdrawal cannot be exercised for any item for which manufacturing or delivery processes are underway. If the right of withdrawal is exercised within the aforementioned period, the price of the purchased product(s) and shipping costs will be refunded, with return costs remaining the Customer’s responsibility. Products must be returned in their original and complete condition (packaging, accessories, manual, etc.); they should, if possible, be accompanied by a copy of the purchase receipt. In accordance with legal provisions, you can request a standard withdrawal form to be sent to the address: romuald.vincent@laposte.net. Refund procedure: the refund procedure may take place after an investigation into the purchased product(s), more details can be obtained by filing a complaint at romuald.vincent@laposte.net.

Article 12: Warranties

In accordance with the law, the Seller provides the following warranties: conformity and hidden defects of the products. The Seller refunds the buyer or exchanges defective or non-conforming products. The refund request must be made as follows: by filing a complaint at the address romuald.vincent@laposte.net.

The Seller reminds the consumer that:
– They have a period of 2 years from the delivery of the good to take action with the Seller.
– They can choose between replacement and repair of the good, subject to the conditions set forth by the aforementioned provisions.
– They are not required to prove the existence of the defect of conformity of the good within six months following the delivery of the good.
– Except for second-hand goods, this period will be extended to 24 months from March 18, 2016.
– The consumer can also assert the warranty against hidden defects of the item sold according to Article 1641 of the Civil Code and, in this case, can choose between cancellation of the sale or a reduction in the sale price (provisions of Articles 1644 of the Civil Code). Additional Warranties: _____ (describe any additional warranties)

Article 13: Complaints and Mediation

If applicable, the Buyer can file any complaints by contacting the company using the following details: by filing a complaint at the address romuald.vincent@laposte.net. In accordance with Articles L. 611-1 to L. 616-3 of the Consumer Code, the consumer is informed that they can refer to a consumer mediator under the conditions provided in Title I of Book VI of the Consumer Code. If the complaint with the Seller’s customer service fails, or if there is no response within two months, the consumer can submit the dispute to a mediator who will attempt to bring the parties together to reach an amicable solution.

Article 14: Contract Resolution

The order may be resolved by the buyer by registered letter with acknowledgment of receipt in the following cases:
– Delivery of a product not conforming to the order characteristics;
– Delivery exceeding the deadline set at the time of the order or, in the absence of a date, within thirty days following payment;
– Unjustified price increase or modification of the product. In these cases, the buyer may demand a refund of the deposit paid, plus interest calculated at the legal rate from the date of deposit receipt.

Article 15: Intellectual Property Rights

Trademarks, domain names, products, software, images, videos, texts, or more generally any information subject to intellectual property rights are and remain the exclusive property of the Seller. No transfer of intellectual property rights is made through these GTC. Any total or partial reproduction, modification, or use of these assets for any reason is strictly prohibited.

Article 16: Force Majeure

The Seller’s obligations under these terms are suspended in the event of a fortuitous event or force majeure preventing their execution. The Seller will notify the Customer of the occurrence of such an event as soon as possible.

Article 17: Nullity and Modification of the Contract

If one of the provisions of this contract is annulled, this nullity does not lead to the nullity of the other provisions, which will remain in force between the parties. Any contractual modification is only valid after written agreement and signature by both parties.

Article 18: Protection of Personal Data

In accordance with Regulation 2016/679 of April 27, 2016, regarding the protection of natural persons concerning the processing of personal data and the free movement of such data, the Seller implements a personal data processing for the purpose of selling and delivering products and services defined in this contract. The Buyer is informed of the following:

Article 19: Governing Law and Clauses

For consumer information purposes, the following provisions from the Civil Code are reproduced below:
Article 1641 of the Civil Code: The seller is liable for hidden defects of the sold item that render it unfit for its intended use, or that significantly diminish its use, to the extent that the buyer would not have purchased it, or would have paid a lower price if they had known of these defects.
Article 1648 of the Civil Code: The action resulting from hidden defects must be brought by the buyer within two years from the discovery of the defect. In the case provided by Article 1642-1, the action must be introduced, under penalty of forfeiture, within one year following the date on which the seller can be released from apparent defects or non-conformity.

Article L. 217-4 of the Consumer Code: The seller delivers a product that conforms to the contract and is responsible for any defects in conformity existing at the time of delivery. The seller is also responsible for defects resulting from packaging, assembly instructions, or installation if these have been included in the contract or carried out under their responsibility.

Article L. 217-5 of the Consumer Code: The product conforms to the contract if:
It is fit for the usual purpose expected of a similar product and, where applicable:It matches the description given by the seller and has the qualities that the seller has presented to the buyer as a sample or model;
It has the qualities that a buyer can legitimately expect based on public statements made by the seller, the producer, or their representative, including in advertising or labeling;
Or if it has the characteristics agreed upon by both parties or is suitable for any special purpose sought by the buyer and communicated to the seller, which the seller has accepted.

Article L. 217-12 of the Consumer Code: The action resulting from a defect in conformity is subject to a two-year limitation period from the date of delivery of the product.

Article L. 217-16 of the Consumer Code: When the buyer requests the seller, during the period of commercial warranty granted at the time of purchase or repair of a movable good, to restore the item under warranty, any period of immobilization of at least seven days is added to the remaining warranty period. This period starts from the buyer’s request for intervention or from when the item is made available for repair if this is after the request for intervention.