general sales conditions
Definitions
In the following we will refer to
Site': the http://www.laboutiquedubarman.fr site and all its pages.
Products': all products (tangible) and services (intangible) that can be purchased or subscribed to on the site.
Publisher': The person, legal or physical, responsible for the publication and content of the site and presented in the site's legal notice.
User': The Internet user visiting and using the site.
Customer': The Internet user purchasing a product or service on the site.
Information required by the French law on confidence in the digital economy and purpose of the site
This site is published by Cocktailshows SARL.
Legal information concerning the site's host and publisher, in particular contact details and any capital and registration details, is provided in the present site's legal notice.
Information concerning 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 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 terms and conditions, who thereby acknowledges having fully understood them. This acceptance may consist, for example, in the Internet user checking the box corresponding to the sentence indicating acceptance of the present general terms and conditions, such as "I acknowledge having read and accepted all the general terms and conditions of the site". Ticking this box will be deemed to have the same value as a handwritten signature by the Internet user.
Acceptance of these terms and conditions implies that users have the legal capacity to do so. If the user is a minor or lacks legal capacity, he/she declares that he/she has the authorization of a tutor, curator or legal representative.
The user acknowledges the evidential value of the automatic recording systems of the editor of the present site and, unless he/she can provide proof to the contrary, waives the right to contest them in the event of a dispute.
Characteristics of 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 while stocks last. 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.
The customer service department of the present site is accessible by e-mail at the following address: laboutiquedubarman@gmail.com or by post at the address indicated in the legal notice (30 bis rue Girard 93100 Montreuil), in which case the publisher undertakes to provide a reply within 7 days.
Rates
Unless otherwise stated, prices shown in the catalog are in Euros, all taxes included (VAT), taking into account the VAT applicable on the day the order is placed.
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. Nevertheless, the price appearing in the catalog on the day of the order will be the only one applicable to the buyer.
Member area
Users registered on the site (members) can access it by logging in using their login details (e-mail address defined at registration and password) or by using systems such as third-party social networking login buttons. Users are entirely responsible for protecting their chosen password. Users are encouraged to use complex passwords. If you forget your password, you can generate a new one. This password guarantees the confidentiality of the information contained in the "my account" section, and the user is therefore prohibited from transmitting or communicating it to a third party. Failing this, the site editor cannot be held responsible for unauthorized access to a user's account.
The creation of a personal space is an essential prerequisite to any order or contribution by the member on the present 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 enables the member-customer to consult all orders placed on the site. Should the data contained in the member account section disappear as a result of a technical failure or force majeure, the site and its publisher cannot be held liable, as this information has no probative value and is for information purposes only. Pages relating to member accounts may be freely printed by the account holder in question, but do not constitute proof of any kind. They are for information purposes only, to ensure efficient management of orders or contributions by the member.
The editor reserves the exclusive right to delete the account of any member who has contravened the present general terms and conditions (in particular, but without this example being exhaustive, when the member has knowingly provided erroneous information when registering and setting up his personal space) or any account which has been inactive for at least one year. Such deletion shall not constitute a loss for the excluded member, who shall not be entitled to claim any compensation as a result. Such exclusion is not exclusive of the possibility for the editor to take legal action against the member, where the facts justify such action.Exoneration of the publisher's liability in the performance of the present contract
In the event of impossibility of access to the site, due to technical problems or of any other nature, the user will not be able to take advantage of a damage and will not be able to claim with any compensation. The unavailability, even prolonged and without any limitative duration, of one or more products, cannot constitute a prejudice for the Net surfers and cannot in no way give place to the granting of damages and interests on behalf of the site or its editor. The photographs and visuals of the products presented on the site are not contractual in nature, and the publisher of the present site cannot be held responsible if the characteristics of the objects differ from the visuals present on the site, or if the latter are erroneous or incomplete.
Hypertext links present on the present site may lead to other Internet sites, and the publisher of the present site cannot be held responsible if the content of these sites contravenes current legislation. Likewise, the publisher of the present site may not be held liable if the user's visit to one of these sites causes prejudice.
Geographical limitation of use
Use of the site's services is restricted to mainland France.
Intellectual property rights relating to elements published on the present site
All elements of the present site belong to the editor or to a third party agent, or are used by the editor on the site with the authorization of their owner. Any copy of logos, textual, pictographic or video content, without this list being limitative, is strictly forbidden and is considered as counterfeiting. Any member found guilty of counterfeiting is liable to have his or her account deleted without notice or compensation, and without this deletion constituting damage to him or her, without prejudice to any subsequent legal proceedings against him or her, at the initiative of the publisher of the present site or his or her agent.
Limitation of liability
The site editor may not be held liable for any damage resulting from the use of the Internet network, such as loss of data, intrusion, virus, disruption of site service, or other.
The site editor, particularly in the online sales process, is only bound by an obligation of means.
The publisher of the Cocktailshows site cannot be held responsible for non-performance of the contract due to an event of force majeure. With regard to the products purchased, the publisher shall not be held liable for any indirect damage, operating loss, loss of profit, damage or expenses that may arise as a result of the present contract. The choice and purchase of a product or service are the sole responsibility of the customer. The total or partial impossibility of using the products, in particular due to incompatibility of equipment, cannot give rise to any compensation, reimbursement or liability on the part of the publisher, except in the case of a proven hidden defect, non-conformity, defect or exercise of the right of withdrawal if applicable, i.e. if the customer is not a professional and the contract concluded to acquire the good or service allows withdrawal, in accordance with article L 121-21-8 of the French Consumer Code. In the event of non-delivery of an order or part of an order, the customer has 60 days from the scheduled delivery date to cancel the order by sending a registered letter with acknowledgement of receipt.
The user expressly agrees to use the site at his/her own risk and under his/her sole responsibility. The site provides the user with information on an indicative basis, with imperfections, errors, omissions, inaccuracies and other ambivalences likely to exist. In any event, Cocktailshows cannot be held responsible for :
- any direct or indirect damage, in particular with regard to loss of profits, loss of earnings, loss of clientele, loss of data, etc., which may result from the use of the site, or on the contrary from the impossibility of its use ;
- malfunction, unavailability of access, misuse or incorrect configuration of the user's computer, or the use of a browser not frequently used by the user;
- the content of advertisements and other links or external sources accessible by the user from the site.
Site access
The site editor cannot be held responsible for any technical unavailability of the connection, whether due to force majeure, maintenance, updating or modification of the site, intervention by the host, internal or external strike, network failure, power cut, or incorrect configuration or use of the user's computer.
Account closure
Each user is free to close his/her account on the site. To do so, the member must send an e-mail to the site indicating that he/she wishes to delete his/her account. No data recovery will then be possible.
Miscellaneous clauses
These terms and conditions are governed by French law. They may be modified at any time by the site editor or its representative. The general terms and conditions applicable to the user are those in force on the day of his/her order or connection to the present site. The publisher undertakes, of course, to keep all its previous general terms and conditions and to send them to any user who requests them.
Except in the case of public policy provisions, any disputes arising in connection with the execution of the present general terms and conditions may, prior to any legal action, be submitted to the site editor for amicable settlement. It is expressly recalled that requests for amicable settlement do not suspend the time limits for bringing legal action. Unless otherwise stipulated by public policy, any legal action relating to the performance of the present contract shall be subject to the jurisdiction of the courts of the jurisdiction of the Court of Appeal seized of the matter.
Use of Cookies
A "Cookie" enables 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 thanks to the recording of a data file on his computer. The site may use "cookies" mainly to 1) obtain browsing statistics in order to improve the User's experience, and 2) enable access to a member's account and to content that cannot be accessed without logging in.
The User acknowledges that he/she is aware of this practice and authorizes the site editor to use it. The publisher undertakes never to communicate the content of these "Cookies" to third parties, except in the event of legal requisition. The User may refuse to accept cookies, or configure his/her browser to warn him/her before accepting cookies. To do so, the User must set the parameters of his/her 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.htm
How to place an order and description of the purchasing process
The "Shopping Cart" is defined below as the immaterial object grouping together all the goods or services selected by the site user with a view to purchase, having clicked on these objects. Once the Internet user considers that he has selected and added to his basket all the items he wishes to purchase, he will be able to validate his order by accessing his basket by clicking on the button provided for this purpose. They will then be redirected to a summary page where they will be informed of the number and characteristics of the products ordered, as well as their unit price.
If you wish to validate your order, you must tick the box indicating your acceptance of these terms and conditions of sale and click on the validation button. You will then be redirected to a page where you will be asked to fill in the order form fields. In the latter case, he/she will be asked to enter a certain number of personal details, necessary for the order to be processed correctly. Once the user has completed the form, he/she will be invited to make his/her payment using the payment methods listed in the payment section of these general terms and conditions. After a few moments, the Internet user will receive an e-mail confirming the order, reminding him/her of the contents of the order and its price.
The products and articles sold remain the property of the seller until full payment of their price, in accordance with the present retention of title clause.
Payment information
Internet users may place orders on this site and pay by credit card. Credit card payments are made via secure transactions provided by an online payment platform provider.
The present site has no 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 case of payment by cheque 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, who may provide proof of this by any means. Product availability is indicated on the site, in the description of each item.
Delivery or availability
Delivery charges will be indicated to the customer prior to payment and apply only to deliveries within metropolitan France. For all other delivery locations, it is the customer's responsibility to contact customer service.
Unless otherwise indicated 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 purchaser may refuse a parcel at the time of delivery if he notes any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged parcel, broken products, etc.); any anomaly must then be indicated by the purchaser on the delivery note, in the form of handwritten reserves, accompanied by the purchaser's signature. To exercise his right of refusal, the purchaser must open the damaged or defective parcel(s) in the presence of the carrier, and have the carrier take back the damaged goods. Should the buyer fail to comply with these instructions, he will not be able to exercise his right of refusal, and Cocktailshows will not be obliged to comply with the buyer's request to exercise his right of refusal.
If the purchaser's package is returned to the publisher by the Post Office or other postal service providers, the publisher will contact the purchaser upon receipt of the returned package to ask him/her what to do with his/her order. If the purchaser has mistakenly refused the parcel, he/she may request its return by first paying the postal charges for the new shipment. Postal charges must be paid even for orders where postage was free at the time the order was placed.
In case of error of delivery or exchange (if the right of retraction is applicable, i.e. if the customer is not a professional and that the contract concluded to acquire the good or service allows the retraction, according to the article L 121-21-8 of the Code of consumption), any product to be exchanged or refunded will have to be turned over to the Cocktailshows company in its entirety and in perfect state. Cocktailshows cannot be held responsible for any defect resulting from the buyer's clumsiness or false maneuvering.
In accordance with Article L.121-21 and paragraphs of the French 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 shipping costs, within fourteen days of receipt by Cocktailshows of the request for refund. The product must be returned in perfect condition. If applicable, it must be accompanied by all accessories. If the above 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 return the product using a tracking solution. Otherwise, if the returned parcel does not reach Cocktailshows, it will not be possible to launch an inquiry with the postal services in order to ask them to locate it.
Return shipping costs in the event of retraction remain the responsibility of the purchaser.
After receipt and acceptance of the complaint, Cocktailshows will inform the purchaser by email, fax or telephone of the procedures for exchanging or reimbursing the products. In order to correctly process the request, the customer is asked to attach a copy of the invoice to any claim. Refunds will be made by cheque or bank transfer.
Any delay in delivery in excess of seven working days may result in termination of the sale at the consumer's initiative, 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/she has committed to the order. This clause is not intended to apply if the delay in delivery is due to force majeure. In such a case, the customer undertakes not to take any legal action against the site and its publisher, and waives the right to invoke the cancellation of the sale provided for in the present article.
Warranty for products purchased on this site
All items purchased on the present site are covered by the following legal warranties, as provided for in the French Civil Code: Garantie de conformité :
According to articles L. 211-1 to L. 212-1 of the French Consumer Code, the seller is obliged to deliver goods in conformity with the contract and to respond to any defects in conformity existing during the delivery of the goods. The guarantee of conformity may be exercised if a defect existed on the day the product was taken into possession. However, if 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 when he took possession of the goods.
In accordance with article L. 211-9, "in the event of a lack of conformity, the buyer may choose between repairing or replacing the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate to the other option, taking into account the value of the good or the importance of the defect. He is then obliged to proceed, unless this is impossible, according to the method not chosen by the buyer".
Warranty against hidden defects :
In accordance with articles 1641 to 1649 of the French Civil Code, the customer may invoke the warranty for latent defects if the defects presented did not appear at the time of purchase, were prior to the purchase (and therefore do 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 its intended use, or diminish that use to such an extent that the purchaser would not have bought the product or would not have bought it at such a price had he known of the defect).
Complaints, requests for exchange or reimbursement for a non-conforming product must be made by post or e-mail to the addresses indicated in the site's legal notices, within thirty days of the delivery date (this period does not apply in the case of a hidden defect, as previously stipulated). Return postage costs are at the buyer's expense.
In the event of non-conformity of a delivered product, it may be returned to the seller, who will exchange it. If the product cannot be exchanged (obsolete product, out of stock, etc.), the purchaser will be reimbursed by cheque or bank transfer for the amount of the order.
Archiving
La boutique du barman will archive order forms and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of article 1348 of the French Civil Code. The computerized registers will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
Framing conditions
If any provision of the Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. These Terms describe the entire agreement between the User and the Website. They supersede all prior or contemporaneous written or oral agreements. The Terms and Conditions are not assignable, transferable or sub-licensable by the User.
A printed version of the Terms and Conditions and of all notices given in electronic form may be requested 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 terms and conditions, the legal notices or the personal data charter must be made in writing and must be delivered by hand, registered or certified mail, by Post or any other nationally recognized courier service that allows you to track your packages on a regular basis, or by e-mail to the addresses indicated in the site's legal notices, specifying your full name, contact details and the subject of the notice.
Reclamations
Any claim relating to the use of the website, the service offered on this website, or any other linked service, the website's pages on any social networks or the general terms and conditions, legal notice or personal data charter must be filed within 365 days of the day on which the problem giving rise to the claim arose, 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 claim will forever be inapplicable in court.
Inaccuracies
It is possible that, to a limited extent, inaccuracies or errors may be found throughout the website and the services offered, or that information may be inconsistent with the general terms and conditions, the legal notices or the personal data charter. It is also possible that unauthorized modifications may be made by third parties to the site or to related services (social networks, etc.). We do our utmost to ensure that such deviations are corrected.
In the event that such a situation should escape us, please contact us by post or e-mail at the addresses indicated in the site's legal notice, providing, if possible, a description of the error and the location (URL), as well as sufficient information to enable us to contact you. For requests concerning copyright, please refer to the section on intellectual property.
Withdrawal form
In accordance with article L121-17 of the French Consumer Code, ("loi Hamon") of June 2014, the Customer can find below a standard retraction form for an order placed on the site, to be sent to Cocktailshows by registered mail with acknowledgement of receipt. It is understood that the customer will bear the cost of returning the goods in the event of retraction, as well as the cost of returning the goods if, due to their nature, they cannot normally be returned by post, and that this retraction can only take place under the retraction conditions 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 Customer's Name, First Name and Address :
Date of letter :
Subject: Withdrawal
Dear Sir/Madam,
I wish to take advantage of my right of withdrawal under Article 121-17 of the French Consumer Code, concerning the contract for the order placed with your company on the website http://www.cocktailshows.fr and relating to the following item:
Date of order: Total amount including VAT :
Counting on your full cooperation,
Yours sincerely
Signature: -----------
Exceptions to the right of withdrawal
The site offers the sale of the following Products, for which the right of withdrawal cannot be applied, in accordance with article L 121-21-8 of the French Consumer Code: goods or services that do not allow the customer to exercise his/her right of withdrawal.
The customer acknowledges having taken cognizance of this list, which may be recalled during the sales process and require for the waiver to be valid an express waiver by the customer of his right of withdrawal (for services beginning immediately after purchase and fully executed before the end of the withdrawal period, and for digital content that is not provided on a material support and for which the execution of the contract begins immediately after purchase), and hereby waives his right of withdrawal.
All rights reserved - March 04, 2016
Crédits
La Boutique du barman use Prestashop
