Djin Spirits - General terms and conditions of sales

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 in the PARIS Trade and Companies Register,

under the SIRET number 88228855800019

represented by Romuald Vincent

in his capacity as manager, duly authorized for the purposes hereof.

The company can be reached by email by clicking on the contact form accessible via the home page of the site. Or directly using the address romuald.vincent@laposte.net

Hereinafter the “Seller” or the “Company”. On the one hand, and the natural or legal person proceeding to purchase products or services from the company, Hereinafter, “Buyer”, or “Customer” On the other hand, It has been exposed and agreed as follows:

PREAMING

Seller is a publisher of Wholesale Trade Products and Services (4634Z) to consumers, marketed through its websites (https://djinspirits.com/). The list and description of the goods and services offered by the Company can be consulted on the above-mentioned sites. mentioned above.

Article 1: Purpose

These General Terms and Conditions of Sale determine the rights and obligations of the parties in the context of the online sale of Products or Services offered by the Seller.

Article 2: General Provisions

These General Terms and Conditions of Sale (GTC) govern the sales 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 opposable to the Buyer who has accepted them before placing an order. The Seller reserves the right to modify these terms and conditions at any time by publishing a new version on its on its website. The applicable GTC are those in force at the date of payment (or of the first payment in case of multiple payments) of the payment in case of multiple payments) of the order. These GTC are available for consultation on the Company’s website at the following address: https://djinspirits.com/.

The Company shall also ensure that their acceptance is clear and without reservation by putting in place a checkbox and a validation click. The Customer declares to have read all of the present General Terms and Conditions of Sale, and where applicable the Special Terms and Conditions of Sale related to a product or service, and product or service, and accept them without restriction or reservation.

The Customer acknowledges that he has received the necessary advice and information to ensure that the offer is suitable for his/her needs.

The Customer declares that he/she is legally able to contract under French law or validly represent the natural or legal person for whom he/she is contracting.

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

Article 3: Prices

The prices of the products sold through the websites are indicated in Euros excluding taxes and precisely determined on the pages of description of the Products. They are also indicated in Euros taxes (VAT + other possible taxes) on the order page of the products, and excluding specific specific shipping costs. For all products shipped outside the European Union and/or French overseas territories, the price is calculated automatically on the invoice. Customs duties or other local taxes or import duties or state taxes are likely to be due in certain cases. These rights and sums are not within the competence of the of the Seller. They shall be borne by the Buyer and are the Buyer’s responsibility (declarations, payment to authorities, etc.). The Seller invites the buyer to inquire about these aspects with the corresponding local authorities. The Company reserves the right to modify its prices at any time in the future. the future. The telecommunication costs necessary for access to the Company’s websites shall be borne by the Client. Where applicable, also the delivery costs.

. 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 by electronic means in order to be able to complete his order:; Information the essential characteristics of the Product; – choice of the Product, and if necessary, its options Information on the essential characteristics of the Product; – Choice of the Product, if necessary, its options; – Indication of the Customer’s essential details (identification, email, address, etc.); – Acceptance of these General Terms and Conditions of Sale Verification of the elements of the order (double click formality) and, if necessary, correction of errors, correction of errors. Before proceeding to its confirmation, the Buyer has the possibility to check the details of his order, its price, and to order, its price, and correct any errors, or cancel the order. The confirmation of the order will entail the formation of this contract. – Then, follow the instructions for the payment, payment of the products, then delivery of the order. The Customer will receive confirmation by e-mail of the payment of the order, as well as an acknowledgement of receipt of the order confirming it. He will receive a .pdf copy of these terms and conditions. general conditions of sale.

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

French.

The terms and conditions of the offer and the general terms and conditions of sale are sent by email to the buyer upon ordering and archived on the Seller’s website. If applicable, the professional and commercial rules and commercial rules to which the author of the offer intends to submit can be consulted in the “rules of these GTC, which can be consulted on the Seller’s website at the following address https://djinspirits.com/

The archiving of communications, the order, the details of the order, as well as of the invoices is carried out on a reliable and durable support so as to constitute a faithful and durable copy in accordance with the provisions of Article 1360 of the Civil Code. This information can be produced as proof of the contract.

For delivered products, delivery will be made to the address indicated by the Customer. For order, the Customer agrees to provide true identification. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any bad faith or for any legitimate reason.

Article 5: Products and services

The essential characteristics of the goods, services and their respective prices are available to the Buyer on the Company’s websites, as well as, if applicable, the method of of use of the product. In accordance with Article L112-1 of the Consumer Code, the consumer is informed, by by way of marking, labelling, display or any other appropriate process, of the prices and the particular of the sale and the execution of the services before any conclusion of the sale contract. In all cases, the total amount due by the In all cases, the total amount due by the Buyer is indicated on the order confirmation page. The selling price of the The selling price of the product is the one in force indicated at the day of the order, this one not including the expenses of port charged in addition. These possible expenses are indicated to the Buyer during the process of sale, and in any case at the time of the confirmation of the order. at the time of the confirmation of the order. The Seller reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the order. When the products or services are not are not executed immediately, clear information is given on the product presentation page as to the delivery dates of the delivery dates of the products or services. The customer certifies that he has received details of the delivery costs as well as payment, delivery and execution of the contract, as well as detailed information on the identity of the the identity of the seller, its postal, telephone and electronic contact details, and its activities in the context of the of the present sale. The Vendor undertakes to honour the Customer’s order within the limits of the stocks of Products available only. In the absence of such availability, the Vendor shall inform the Customer; if the order has been placed, and in the absence If the order has been placed, and if no agreement has been reached with the Customer on a new delivery date, the Seller shall refund the Customer. The contractual information information is presented in detail and in the French language. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The period of validity of the offer of the Products as well as their prices is specified on the Company’s websites, as well as the minimum duration of the contracts offered when these concern a continuous or periodic supply of products or services. Except conditions, the rights granted hereunder are granted solely to the natural person signing the order (or the signatory of the order (or the person holding the email address communicated).

Article 6: Compliance

In accordance with Article L.411-1 of the French Consumer Code, the products and services offered for sale through these GTCs meet the requirements in force relating to the health of persons, the fairness of commercial transactions and the protection of consumers. Independently of any commercial guarantee, the Seller remains responsible for the defects of conformity and hidden defects of the product. hidden defects of the product.

In accordance with Article L.217-4, the seller delivers goods that conform to the contract and is liable for defects of conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when this one was put at its charge by the contract or was carried out under its responsibility. or was carried out under his responsibility.

In accordance with the legal provisions regarding conformity and hidden defects (art. 1641 c. civ.), the Seller shall refund or exchange defective products or products that do not correspond to the order. The refund can be requested in the following way: filing a complaint to the address romuald.vincent@laposte.net

Article 7: Retention of title clause

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

Article 8: Terms of delivery

The products are delivered to the delivery address that was indicated when ordering and within the time limits indicated. These deadlines do not take into account the preparation time of the order. When the Customer orders several products at the same time, they may have different delivery times routed according to the following according to the following modalities: delivery via one or more packages. In case of delay in shipment, a complaint can be filed at complaint to the address romuald.vincent@laposte.net. In case of late delivery, the Customer has the possibility to cancel the contract under the terms and conditions defined in Article L 138-2 of the Consumer Code. The The Seller will then proceed to the reimbursement of the product and of the “outward” costs under the conditions of Article L 138-3 of the Consumer Code. The Seller provides a telephone contact point (cost of a local call from a landline). communication from a landline) indicated in the order confirmation email in order to follow up the order. order. The Seller reminds that when the Customer takes physical possession of the products, the risks of of loss or damage to the products are transferred to him. It is the Customer’s responsibility to notify the carrier of any reserves on the delivered product.

Article 9: Availability and presentation

In case of unavailability of an item for a period exceeding 30 working days, you will be immediately informed of the foreseeable delivery time and the order of this article can be cancelled cancelled upon request. The Customer will then be able to ask for a credit note for the amount of the article or its full refund and cancellation of the order.

Article 10: Payment

Payment is due immediately upon ordering, including for products in pre-order. The Customer can make the payment by credit card or bank check. Cards issued by banks outside France must be international bank cards (Mastercard or Visa). The secure online payment by credit card is made by our payment provider. The information transmitted is encrypted according to the rules of the art and cannot be read during transport on 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 communicating his banking information during the sale, the Customer authorizes the Seller to debit his card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be card to be debited and that he is legally entitled to use it. In the event of an error, or the impossibility of debiting the card, the Sale is immediately cancelled by operation of law and the order cancelled.

Article 11: Withdrawal period

In accordance with the provisions of 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 his order. The right of withdrawal can be exercised by contacting the Company as follows : filing a complaint at romuald.vincent@laposte.net. We inform the Customers that in accordance with the L. 221-18 to L. 221-28 of the French Consumer Code, this right of withdrawal cannot be exercised for any item for which exercised for any article of which a process of manufacture or routing is in progress. In case of exercise of the right of withdrawal within the above-mentioned period, the price of the product(s) purchased and the shipping costs will be reimbursed reimbursed, the return costs remaining at the expense of the Customer. Products must be returned in their original and complete condition and complete (packaging, accessories, instructions…); they must be accompanied by a copy of the purchase receipt if possible. of the purchase receipt. In accordance with the legal provisions, you can request the standard form of to be sent to us at the following address: filing a complaint at romuald.vincent@laposte.net. Refund procedure: the refund procedure can be carried out after an investigation of the product(s) complaint at romuald.vincent@laposte.net

Article 12: Guarantees

In accordance with the law, the Seller assumes the following warranties: of conformity and relating to hidden defects in the products. The Seller shall reimburse the buyer or exchange the products that are apparently defective or not corresponding to the order made. The request for refund must be made in the following way following manner: filing a complaint at romuald.vincent@laposte.net

The Seller reminds that the consumer: – has a period of 2 years from the delivery of the goods to act with the Seller – that he can choose between the replacement or the repair of the goods subject to the conditions provided for in the above-mentioned provisions. apparently defective or not corresponding to the goods – that he is exempted from proving the existence of the lack of conformity of the goods during the six months following delivery of the good. – that, except for second-hand goods, this period will be extended to 24 months as of March 18, 2016 that the consumer can also claim the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and, in this case, he can choose between the resolution of the sale or a reduction of the the sale price (provisions of articles 1644 of the Civil Code). Additional guarantees : _____ (describe your additional guarantees)

Article 13: Claims and mediation

If necessary, the Buyer may make any claim by contacting the company by means of the following coordinates filing a complaint at romuald.vincent@laposte.net. In accordance with the provisions of art. L. 611-1 to L. 616-3 of the Consumer Code, the consumer is informed that he/she may have recourse to a mediator of consumption under the conditions envisaged by the title I of the book VI of the code of Code. In case of failure of the request of complaint to the customer service of the Seller, or in the absence of answer within two response within two months, the consumer may submit the dispute to a mediator who will attempt in complete independence to bring the parties independently to bring the parties together in order to obtain an amicable solution.

Article 14 : resolution of the contract

The order can be resolved by the buyer by registered letter with request for notice of receipt of receipt in the following cases: – delivery of a product that does not conform to the characteristics of the order; – delivery beyond the deadline set at the time of the order delivery beyond the deadline fixed at the time of the order or, in the absence of a date, within thirty days of payment unjustified price increase or modification of the product. In these cases, the buyer can demand the refund of the deposit paid plus interest calculated at the legal rate from the date of collection of the deposit. the deposit.

Article 15: Intellectual property rights

The brands, 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 reproduction in whole or in part, modification or use of these goods for any reason whatsoever is strictly forbidden.

Article 16: Force majeure

The performance of the obligations of the seller hereunder shall be suspended in the event of occurrence of a fortuitous event or force majeure that would prevent its performance. The seller shall notify the customer of the occurrence of such an event as soon as possible.

The seller will notify the customer of Article 17: Invalidity and modification of the contract

If any provision of this Agreement is invalidated, such invalidity shall not invalidate the remaining invalidate the remaining provisions, which shall remain in effect between the parties. Any modification contractual modification is valid only after a written and signed agreement of the parties. Article 18: Protection of personal data In accordance with Regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the the processing of personal data and the free movement of such data, the Seller implements a personal data processing that has processing of personal data for the purpose of selling and delivering the products and services defined in this contract. The Buyer is informed of the following elements: – the identity and contact details of the the identity and contact details of the data controller and, where applicable, of the data controller’s representative: the Seller, as the contact details of the data protection officer: ……. – the legal basis the legal basis of the processing: contractual performance – the recipients or categories of recipients of the the recipients or categories of recipients of personal data, if any: the data controller, its marketing departments the departments in charge of IT security, the department in charge of sales, delivery and ordering, the subcontractors involved in the delivery and sales operations as well as any authority legally legally authorized to access the personal data in question – no transfer outside the EU is foreseen – the duration the duration of data retention: the time of the commercial prescription – the data subject has the right to the data subject has the right to request from the controller access to, rectification or erasure of the personal data, or a restriction of the processing of the data data, or a restriction of the processing relating to the data subject, or the right to object to the processing the right to object to the processing and the right to data portability – the data subject has the right to lodge a complaint with The data subject has the right to lodge a complaint with a supervisory authority – The information requested at the time of the order is necessary for the drawing up of the The information requested when ordering is necessary for the preparation of the invoice (legal obligation) and the delivery of the ordered goods, without which the order cannot be placed. No automated decisions or profiling is implemented through the ordering process.

Article 18: Applicable law and clauses

All clauses contained in these terms and conditions of sale, as well as all purchase and sale transactions referred to therein, shall be subject to French law. The nullity of a contractual clause does not entail the nullity of the present general conditions of sale.

The nullity of a contractual clause does not entail the nullity of the present general conditions of sale. The nullity of a contractual clause does not entail the nullity of the present general conditions of sale. Article 19: Consumer information

For the purpose of informing consumers, the provisions of the Civil Code and the Consumer Code Code are reproduced below: Aricle 1641 of the Civil Code: The seller is bound by the warranty for hidden defects of the thing sold which make it unfit for the use for which it was intended, or which diminish this use use that the buyer would not have acquired it, or would have given only a lower price, if he had known about them. known. Article 1648 of the Civil Code: The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought be brought, under penalty of foreclosure, within one year from the date on which the seller may be discharged from defects or apparent lack of conformity.

Article L. 217-4 of the French Consumer Code: The seller delivers goods that conform to the contract and is contract and is responsible for defects in conformity existing at the time of delivery. He is also responsible for defects of conformity resulting from the packaging, the instructions of assembly or the installation when this one was put at its load by the contract or was He is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at his charge by the contract or has been carried out under his responsibility.

Article L. 217-5 of the French Consumer Code: The good is in conformity with the contract: 1° If it 1° If it is fit for the purpose usually expected of similar goods and, if applicable : – if it corresponds to the description given by the seller and has the qualities that he presented to the buyer in the form of a sample or model if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by if it has the qualities that a purchaser may legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling 2° Or if it has the characteristics defined by mutual agreement between the parties or is fit for any special purpose intended by the buyer. for any special use sought by the buyer, brought to the seller’s attention and which the latter has accepted.

Article L. 217-12 of the French Consumer Code: The action resulting from the lack of conformity.

Article L. 217-16 of the Consumer Code: When the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee. added to the period of the guarantee which remained to run. This period runs from the date of the request for intervention the buyer’s request for service or the availability of the goods for repair, if this availability is later than the request for service. after the request for intervention.