
Conditions générales de ventes
Definitions
We will subsequently designate:
'Site': the site https://www.laboutiquedubarman.fr/en/ and all of its pages.
'Products': all the products (material) and services (intangible) that can be purchased or subscribed to on the site.
'Publisher': The person, legal or natural, responsible for the publication and content of the site and presented in the legal notices of the site.
'User': The Internet user visiting and using the site.
'Customer': The Internet user making a purchase of a product or service on the site.
Intellectual property:
The brand "The Bartender's Shop" is a registered trademark and protected by applicable laws. Any unauthorized reproduction, use or distribution of this trademark is strictly prohibited and may result in legal action.
Information required by the law on trust in the digital economy and purpose of the site
This site is published by Cocktailshows SARL.
Legal information concerning the host and publisher of the site, in particular contact details and any capital and registration information, are provided in the legal notices of this site.
Information regarding the collection and processing of personal data (policy and declaration) is provided in the site's personal data charter.
This site offers bar products and equipment for sale online.
The site is freely accessible and free of charge to all Internet users. The acquisition of a good or service, or the creation of a member space, or more generally browsing the site implies acceptance by the Internet user of all of these general conditions, who thereby acknowledges having fully read them. This acceptance may consist, for example, for the Internet user, in checking the box corresponding to the sentence accepting these general conditions, for example with the words "I acknowledge having read and accepted all of the general conditions of the site." Checking this box will be deemed to have the same value as a handwritten signature on the part of the Internet user.
Acceptance of these general conditions implies that users have the necessary legal capacity to do so. If the user is a minor or does not have this legal capacity, he/she declares that he/she has the authorization of a guardian, curator or legal representative.
The Internet user recognizes the evidentiary value of the automatic recording systems of the publisher of this site and, unless he provides proof to the contrary, he waives the right to contest them in the event of a dispute.
Characteristics of the products and services offered
The products and services offered are those listed in the catalog published on the site. These products and services are offered within the limits of available stocks. Each product is accompanied by a description drawn up by the publisher based on the descriptions provided by the supplier. The photographs of the products in the catalog reflect a faithful image of the products and services offered but are not contractual insofar as they cannot ensure perfect similarity with the physical products.
Customer service for this site can be reached by email at the following address: laboutiquedubarman@gmail.com or by post to the address indicated in the legal notices (30 bis rue Girard 93100 Montreuil), in which case the publisher undertakes to provide a response within 7 days.
Rates
Unless otherwise stated, the prices listed in the catalog are prices in Euros including all taxes (TTC), taking into account the VAT applicable on the day of the order.
Cocktailshows reserves the right to pass on any change in the VAT rate to the price of products or services. The publisher also reserves the right to modify its prices at any time. However, the price listed in the catalog on the day of the order will be the only one applicable to the buyer.
Member area
The user registered on the site (member) has the possibility of accessing it by connecting using his identifiers (email address defined during registration and password) or possibly by using systems such as third-party connection buttons of social networks. The user is entirely responsible for protecting the password he has chosen. He is encouraged to use complex passwords. If he forgets his password, the member has the possibility of generating a new one. This password constitutes the guarantee of the confidentiality of the information contained in his "my account" section and the user is therefore prohibited from transmitting it or communicating it to a third party. Failing this, the publisher of the site cannot be held responsible for unauthorized access to a user's account.
The creation of a personal space is an essential prerequisite for any order or contribution by the member on this site. To this end, the member will be asked to provide a certain amount of personal information. The member undertakes to provide accurate information.
The purpose of data collection is to create a “member account”. This account allows the client member to view all of their orders placed on the site. If the data contained in the member account section were to disappear following a technical breakdown or a case of force majeure, the site and its publisher cannot be held liable, as this information has no probative value but is only informative. The pages relating to member accounts can be freely printed by the holder of the account in question but do not constitute proof in any way; they are only informative in nature and are intended to ensure efficient management of the member’s orders or contributions.
The publisher reserves the exclusive right to delete the account of any member who has contravened these general conditions (in particular, but without this example being in any way exhaustive, when the member has knowingly provided incorrect information when registering and creating their personal space) or any account that has been inactive for at least one year. Said deletion will not be likely to constitute damages for the excluded member who will not be able to claim any compensation for this reason. This exclusion does not exclude the possibility for the publisher to take legal action against the member, when the facts have justified it.
Exemption from the publisher’s liability in the context of the execution of this contract
In the event of inability to access the site, due to technical problems or any other nature, the user will not be able to claim damages and will not be able to claim any compensation. The unavailability, even prolonged and without any time limit, of one or more products, cannot constitute harm to Internet users and cannot in any way give rise to the granting of damages by the site or its publisher. The photographs and visuals of the products presented on the site have no contractual nature, the responsibility of the publisher of this site cannot therefore be engaged if the characteristics of the objects differ from the visuals present on the site or if the latter are erroneous or incomplete.
The hyperlinks on this site may refer to other websites and the publisher of this site cannot be held liable if the content of these sites contravenes current legislation. Similarly, the publisher of this site cannot be held liable if the visit by the Internet user to one of these sites causes them harm.
Geographical limitation of use
Use of the site’s services is limited to mainland France
Intellectual property rights relating to the elements published on this site
All elements of this site belong to the publisher or a third-party agent, or are used by the publisher on the site with the authorization of their owner. Any copying of logos, textual, pictographic or video content, without this list being exhaustive, is strictly prohibited and is akin to counterfeiting. Any member who is guilty of counterfeiting may have their account deleted without notice or compensation and without this deletion constituting any damage to them, without reservation of possible subsequent legal proceedings against them, at the initiative of the publisher of this site or its agent.
Limitation of Liability
The publisher of the site cannot be held liable for damage resulting from the use of the Internet network such as loss of data, intrusion, virus, interruption of the site service, or others.
The publisher of the site, particularly in the online sales process, is only bound by an obligation of means.
The publisher of the Cocktailshows website cannot be held responsible for the non-performance of the contract concluded due to the occurrence of a force majeure event. Concerning the products purchased, the publisher will not incur any liability for any indirect damages resulting from these terms, loss of business, loss of profit, damages or costs, which could occur. The choice and purchase of a product or service are placed under the sole responsibility of the customer. The total or partial impossibility of using the products, in particular due to incompatibility of the equipment, cannot give rise to any compensation, reimbursement or questioning of the publisher's liability, except in the case of a proven hidden defect, non-conformity, defect or exercise of the right of withdrawal if applicable, that is to say if the customer is not a professional and the contract entered into to acquire the good or service allows for withdrawal, according to article L 121-21-8 of the Consumer Code. In the event of non-delivery of an order or part of an order, the customer has 60 days from the expected delivery date to contact them in order to have the order automatically cancelled by sending a registered letter with acknowledgment of receipt.
The user expressly acknowledges using the site at his own risk and under his exclusive responsibility. The site provides the user with information for information purposes only, with imperfections, errors, omissions, inaccuracies and other ambiguities that may exist. In any event, Cocktailshows may not be held responsible for:
- any direct or indirect damage, in particular with regard to loss of profits, loss of earnings, loss of customers, loss of data which may result, among other things, from the use of the site, or on the contrary from the impossibility of its use ;
- a malfunction, unavailability of access, misuse, poor configuration of the user's computer, or the use of a browser that is rarely used by the user ;
- the content of advertisements and other links or external sources accessible by the user from the site.
Access to the site
The responsibility of the publisher of the site cannot be engaged due to a technical unavailability of the connection, whether it is due in particular to a case of force majeure, maintenance, an update, a modification of the site, an intervention of the host, an internal or external strike, a network failure, a power cut, or even an incorrect configuration or use of the user's computer.
Account Closure
Each user is free to close his account on the site. To do this, the member must send an email to the site indicating that he wishes to delete his account. No recovery of his data will then be possible.
Miscellaneous clauses
These general conditions are subject to the application of French law. They may be modified at any time by the publisher of the site or its agent. The general conditions applicable to the user are those in force on the day of his order or connection to this site. The publisher obviously undertakes to keep all its old general conditions and to send them to any user who requests them.
Except for provisions of public policy, any disputes that may arise in the context of the execution of these general conditions may, before any legal action, be submitted to the assessment of the publisher of the site with a view to an amicable settlement. It is expressly recalled that requests for amicable settlement do not suspend the time limits for bringing legal actions. Except for provisions of public policy to the contrary, any legal action relating to the execution of this contract must be submitted to the jurisdiction of the courts within the jurisdiction of the Court of Appeal seized.
Use of Cookies
A "Cookie" allows the identification of the user of a site, the personalization of his consultation of the site and the acceleration of the display of the site by saving a data file on his computer. The site is likely to use "Cookies" mainly to 1) obtain navigation statistics in order to improve the User experience, and 2) allow access to a member account and to content that is not accessible without connection.
The User acknowledges being informed of this practice and authorizes the publisher of the site to use it. The publisher undertakes never to communicate the content of these "Cookies" to third parties, except in the event of a legal requisition. The User can refuse the recording of "Cookies" or configure his browser to be warned before accepting the "Cookies". To do this, the User will configure his browser:
- For Internet Explorer: http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies - For Safari: https://support.apple.com/fr-fr/ht1677
- For Google Chrome: https://support.google.com/chrome/answer/95647?hl=fr&hlrm=en&safe=on - For Firefox: https://support.mozilla.org/fr/kb/activer-desactiver-cookies
- For Opera: http://help.opera.com/Windows/10.20/fr/cookies.html
Terms of subscription of orders and description of the purchasing process
Below, we will define as "Basket" the intangible object grouping together all the goods or services selected by the user of the site with a view to a purchase by clicking on these objects. As soon as the Internet user considers that he has selected and added to his basket all the items he wishes to purchase, he will have the possibility, to validate his order, to access his basket by clicking on the button provided for this purpose. He will then be redirected to a summary page on which he will be informed or where he will be informed of the number and characteristics of the products ordered, as well as their unit price.
If the user wishes to validate their order, they must check the box relating to the ratification of these general terms and conditions of sale and click on the validation button. The user will then be redirected to a page in which they must fill in the order form fields. In this case, they will have to provide a certain amount of personal data concerning them, necessary for the smooth running of the order. Once the user has completed the form, they will then be invited to make their payment using the payment methods listed in the section of these general terms and conditions relating to payments. After a few moments, the user will be sent an order confirmation email, reminding them of the content of the order and its price.
The products and items sold remain the property of the seller until full payment of their price, in accordance with this retention of title clause.
Payment Information
The Internet user can place an order on this site and can make payment by credit card. Payments by credit card are made using secure transactions provided by an online payment platform provider.
This site does not have access to any data relating to the user's means of payment. Payment is made directly to the bank or payment service provider receiving the Customer's payment. In the event of payment by check or bank transfer, the delivery times defined in the article below only begin to run from the date of actual receipt of payment by the seller, the latter being able to provide proof of this by any means. The availability of the products is indicated on the site, in the description sheet of each item.
Delivery or provision
The delivery costs will be indicated to the customer before any payment and only concern deliveries made in mainland France. For any other delivery location, it will be up to the customer to contact customer service.
Unless otherwise stated on the site during the ordering process or in the description of the products ordered, the publisher undertakes to deliver the products within a maximum of 30 days after receipt of the order.
The buyer may refuse a package at the time of delivery if he notices an anomaly concerning the delivery (damage, product missing compared to the delivery note, damaged package, broken products, etc.); any anomaly must then be indicated by the buyer on the delivery note, in the form of handwritten reservations, accompanied by the buyer's signature. To exercise his right of refusal, the buyer must open the damaged or defective package(s) in the presence of the carrier and have the damaged goods collected by the carrier. Failure to comply with these requirements will result in the buyer not being able to exercise his right of refusal, and Cocktailshows will not be required to comply with the buyer's request to exercise his right of refusal.
If the buyer's package is returned to the publisher by the Post Office or other postal service providers, the publisher will contact the buyer upon receipt of the returned package to ask what to do with their order. If the buyer has mistakenly refused the package, they may request that it be resent by paying the postage for the new shipment in advance. Postage must be paid even for orders where postage was free when the order was placed.
In the event of a delivery or exchange error (if the right of withdrawal is applicable, i.e. if the customer is not a professional and the contract entered into to acquire the good or service allows for withdrawal, according to Article L 121-21-8 of the Consumer Code), any product to be exchanged or refunded must be returned to Cocktailshows in its entirety and in perfect condition. Any defect resulting from clumsiness or incorrect handling by the buyer cannot be attributed to Cocktailshows.
In accordance with Article L.121-21 and paragraphs of the Consumer Code, and if the right of withdrawal is applicable, the consumer has a period of 14 working days from the date of delivery of his order to return any item that does not suit him and request an exchange or refund without penalty, with the exception of return costs, within fourteen days from receipt by Cocktailshows of the refund request. The product must be returned in perfect condition. If applicable, it must be accompanied by all its accessories. If the previous obligations are not fulfilled, the buyer will lose his right of withdrawal and the product will be returned to him at his expense.
The buyer is advised to make the return using a solution that allows the parcel to be tracked. Otherwise, if the returned parcel does not reach Cocktailshows, it will not be possible to launch an investigation with the postal services to ask them to locate it.
The return costs in the event of withdrawal remain the responsibility of the buyer.
After receipt and acceptance of the claim, Cocktailshows will communicate by email, fax or telephone to the buyer the terms of exchange or refund of the products. In order to correctly process the request, the customer is asked to attach a copy of the invoice to any claim. The refund will be made by check or transfer.
Any delay in delivery exceeding seven working days may result in the termination of the sale at the initiative of the consumer, upon written request by registered letter with acknowledgement of receipt. The consumer will then be reimbursed, within a maximum period of fourteen days, for the sums he has committed when ordering. This clause is not intended to apply if the delay in delivery is due to a case of force majeure. In such a case, the customer undertakes not to take legal action against the site and its publisher and waives the right to invoke the termination of the sale provided for in this article.
Warranty for products purchased on this site
All items purchased on this site benefit from the following legal guarantees, provided for by the Civil Code; Guarantee of conformity:
According to Articles L. 211-1 to L. 212-1 of the French Consumer Code, the seller is required to deliver goods that comply with the contract and to be liable for any lack of conformity that exists during the delivery of the goods. The guarantee of conformity may be exercised if a defect were to exist on the day the product was taken possession of. However, when the defect appeared within 24 months of this date (or within 6 months if the order was placed before March 18, 2016 or the product is sold second-hand), it is presumed to meet this condition. However, after this period of 24 months (or 6 months if the order was placed before March 18, 2016 or the product is sold second-hand), it will be up to the customer to prove that the defect existed at the time the goods were taken possession of.
In accordance with Article L. 211-9: "in the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other method, taking into account the value of the goods or the significance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer".
Guarantee against hidden defects:
According to articles 1641 to 1649 of the Civil Code, the customer may request the exercise of the warranty against hidden defects if the defects presented did not appear at the time of purchase, were prior to the purchase (and therefore not result from normal wear and tear of the product for example), and are sufficiently serious (the defect must either render the product unfit for the use for which it is intended, or reduce this use to such an extent that the buyer would not have purchased the product or would not have purchased it at such a price if he had known of the defect).
Complaints, requests for exchange or refund for a non-compliant product must be made by post or email to the addresses indicated in the legal notices of the site, within thirty days from the date of delivery (this period does not apply in the event of a hidden defect, as stipulated above). The shipping costs for returning the goods are the responsibility of the buyer.
In the event of non-conformity of a delivered product, it may be returned to the seller who will proceed with its exchange. In the event that the product cannot be exchanged (obsolete product, out of stock, etc.), the buyer will be reimbursed by check or transfer for the amount of his order.
Archiving
The Bartender's Shop will archive the purchase orders and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of Article 1348 of the Civil Code. The computerized records will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
Supervision of conditions
If any provision of the Terms and Conditions is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from the Terms and Conditions and will not affect the validity and enforceability of any remaining provisions. These Terms and Conditions set forth the entire agreement between the User and the Website. They supersede all prior or contemporaneous agreements, written or oral. The Terms and Conditions are not assignable, transferable, or sublicensable by the User.
A printed version of the Terms and of all notices given in electronic form may be required in judicial or administrative proceedings relating to the Terms and Conditions. The parties agree that all correspondence relating to these Terms and Conditions shall be in the French language.
Notifications
Any notification or notice concerning these general conditions, the legal notices or the personal data charter must be made in writing and must be delivered in person, by registered or certified mail, by post or any other nationally recognized courier service that allows you to regularly track your packages, or by email to the addresses indicated in the legal notices of the site, specifying your surname, first name, contact details and subject of the notice.
Complaints
Any claim related to the use of the website, the service offered on this site, or any other related service, the pages of the site on possible social networks or the general conditions, legal notices or personal data charter must be filed within 365 days following the day of origin of the problem source of the claim, and this regardless of any law or rule of law to the contrary. In the event that such a claim has not been filed within the following 365 days, such a claim will be forever inapplicable in court.
Inaccuracies
It may be possible that, throughout the website and the services offered, and to a limited extent, there may be inaccuracies or errors, or information that is inconsistent with the general conditions, legal notices or the personal data charter. In addition, it is possible that unauthorized modifications may be made by third parties on the site or on related services (social networks, etc.). We make every effort to ensure that these types of discrepancies are corrected.
In the event that such a situation escapes us, please contact us by post or by email at the addresses indicated in the legal notices of the site with, if possible, a description of the error and the location (URL), as well as sufficient information to allow us to contact you. For requests relating to copyright, please refer to the section on intellectual property.
Withdrawal form
In accordance with Article L121-17 of the Consumer Code, ("Hamon law") of June 2014, the Customer can find below a standard withdrawal form for an order placed on the site, to be sent to Cocktailshows by registered mail with acknowledgment of receipt. It is understood that the customer will bear the cost of returning the goods in the event of withdrawal, as well as the cost of returning the goods if, due to their nature, they cannot normally be returned by post, and that this withdrawal can only take place under the conditions of withdrawal stipulated in these general terms and conditions of sale.
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For the attention of La boutique du barman (SARL Cocktailshows), 7 avenue Christian Doppler Bat A n°36, 77700 Serris Name, First Name and Address of the Customer:
Date of mail:
Subject: Withdrawal
Madam, Sir,
I wish to exercise my right of withdrawal provided for in Article 121-17 of the Consumer Code, concerning the contract relating to the order placed with your company on the website http://www.cocktailshows.fr and relating to the following property:
Order date: Total amount including tax:
Counting on your full cooperation,
Please accept, Madam, Sir, my sincere greetings.
Signature : ----------
Exceptions to the right of withdrawal
The site offers the sale of the following Products, for which the right of withdrawal cannot apply, under article L 121-21-8 of the Consumer Code: goods or services which do not allow the customer to exercise his right of withdrawal.
The customer acknowledges having read this list, which may be recalled during the sales process and requires for the waiver to be valid an express waiver by the customer of his right of withdrawal (for services beginning immediately after the purchase and fully executed before the end of the withdrawal period, and for digital content which is not provided on a tangible medium and for which the execution of the contract begins immediately after the purchase), and thereby waives his right of withdrawal.
All rights reserved – March 4, 2016
Credits
The Bartender Shop uses Prestashop