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General Terms and Conditions of Sale
Alcools de Luxe & Associés is a simplified joint stock company with a capital of 96,040 euros. Their head office is located at 58 rue d’Hauteville, 75010, Paris, and registered with the Paris Trade and Companies Register (RCS) under the number 849456744.
The company can be reached online via www.lephiltre.com
The ‘Company’ edits and publishes an online sales channel via www.lephiltre.com (the ‘Website’).
The current General Terms and Conditions of sale ‘General Terms and Conditions of Sale’ depict the relationship between the Company and its Customers (as outlined below) for the sale of bottles of vodka (‘the Products’) online in adherenace to the pricing terms and conditions specified on the website.
The Company reserves the right to amend the current General Terms and Conditions of Sale at any time by updating and publishing a new version on the Website. The applicable General Terms and Conditions of Sale are those in force at time of sale.
Article 1 : Prevention
You must be at least 18 years of age to use this site. The company cannot be held responsibile if alcohol is bought on behalf of a third party. The Company holds a legal licence allowing for the sale of alcohol which can be provided upon request.
Alcohol can seriously harm your health. Please drink responsibily and in moderation.
Article 2 : Customers
Products for sale on the website are reserved for customers over the age of 18 who have legal capacity to order on the website, for non-commercial purposes and with a delivery and billing address within mainland France.
In accordance with Article L.3342-1 of the French Public Health Code, the Company reserves the right to ask the customer for proof of identity. Customers, ‘Legal persons’ are asked to contact the Société Alcools de Luxe via the following email address: contact@lephiltre.com or by telephone on 07 880 33 072.
Article 3 : Applying the General Terms and Conditions of Sale
The General Terms and Conditions of Sale exclusively apply to all sales made through the Company Website. Ordering online or accepting an offer from the Company means the Customer accepts everything outlined in the General Terms and Conditions of Sale. The Customer is fully aware that a signature (digital or physical) is not necessary for their their agreement to these terms.
The Company reserves the right to cancel all or part of the Customer’s orders and their deliveries if they do not agree to the current General Terms and Conditions of Sale.
Article 4 – Orders
4.1 Product Descriptions and Availability
The Company takes the utmost care in providing information about the Products, especially their key features (volume, alcohol content, ingredients) which are outlined in the Product’s technical data sheet, consisting of a photograph of the Product and a technical description on the Website.
The information found in catalogues, brochures, adverts, notices or other Company documents are only given as an approximation and are not binding to the Company who can alter them at any time. Photographs depicting Products don’t have any contractual value and the Company cannot take any responsibility for them.
The customer is also aware that the glass which the Company uses to make their bottles contains a variety of colour tones ranging from cobalt blue to emerald green. As such, the Company cannot guarantee the exact colour of the bottle you will receive in your order and photographs of the Product’s hue shown on the Website do not have any contractual value.
The Customer cannot return or be reimbursed for being unsatisfied with a Product’s colour. The Product’s technical sheet is the only source of contractual information. The Company can, at any time, edit these technical sheets.
Products are listed for sale and delivered as per available stock. In case of limited stock for a Product which has already been ordered, the Company will inform the Customer of its temporay unavailability and the delivery time once back in stock.
If the Product delivery time exceeds more than 30 days, the Customer will be reimbursed the amount paid upon ordering.
4.2 How to place an order
To place an order, the Customer must to complete the following steps:
1. Visit the Website www.lephiltre.com
2. Choose Products to place into the sales basket
3. Confirm the sale elements by clicking ‘order’ to see a summary and, if necessary, edit.
4. Confirm the order and total price by clicking ‘pay’ (the ‘Confirmation of Order’). The Confirmation of Order confirms implies the acceptance of all the current General Terms and Conditions of Sale.
5. Follow the payment instructions online to pay the full amount.
The Customer will automatically receive an electronic notification of their customer account and confirmation of payment and their order. Finally, the Customer receives an email confirmation once their order is shipped and will be sent to the address supplied at the time of the order.
Article 5 : Price
The Customer is obliged to pay the total amount as per the Website.
The price of Products are shown in euros (€) and include all taxes but exclude delivery costs, which are outliend below. The invoiced price of Products are those shown on the Website on the date the Customer confirms their order on the Website.
The Company reserves the right to change prices on the Website at any time. This change will be automatically applicable from the date the changes were published on the Website. All orders, wherever they have been made, will be payable in euros only. Any line charges incurred through accessing the Website are at the cost of the Customer.
The period of validity of sales and prices is determined by updating the Website.
Article 6 : Payment
The Customer will have to pay the full amount upon confirming the order. Payment is taken online by debit or credit card (Visa Debit, Visa, Eurocard, MasterCard, American Express) once the Customer has confirmed their order.
At the checkout, the Customer can round up the payment and make a donation of the difference to one of the Company’s partner associations. This donation is final and cannot be reimbursed by the Customer for any reason.
Bank details will be protected by a secure server, to ensure the utmost privacy and security of user information during the transaction.
The request for funds is completed once the order is confirmed on the Website unless the servers fail. The Company reserves the right to carry out a new request for funds if, in the first instance, the servers are down.
In the case of a payment default, incorrect address or other problem on the Customer’s part, the Company reserves the right to block the Customer’s order until the problem is resolved.
Article 7 : Retention of title
The Company retains ownership of Products for sale until the Customer has paid the full amount and this has been cleared by the Company.
Article 8 : Delivery
Products listed for sale on the Website are developed and marketed in accordance with current French standards and cannot be delivered outside mainland France.
Products are delivered by an intermediary service, Kol, who have a contract with the French postal service, La Poste. Delivery times stipulated below are a guide and are effective once the order has been picked up by La Poste. The Customer will be kept informed of the shipping status of their order via email.
Whatever the quantity or point of dispatch, delivery fees are set at €6.50 per order and will be delivered within three working days.
Article 9 : Cancellation Rights
9.1 Rule
In accordance with articles L221-18 and following of the French Consumer Code, the Customer has the right to cancel within 14 days following receipt of the order without having to explain why or pay penalties, except for return costs.
In the case where the delivery falls on a Saturday, Sunday, bank or public holiday, it is extended to the next working day. Only the Customer is able to exercise their right to cancellation.
If the delivery has been made to someone who is not the Customer then this person cannot exercise this right to cancellation in this instance.
The Customer should notify the Company of their cancellation via either the provided cancellation form available on the Website or via email to contact@lephiltre.com
9.2 Returns
Products should be returned by the Customer within 14 days from completion of their cancellation notice to the following address :
Kol
23 rue Nationale
75013 Paris
Returned products should be in their original packaging and should neither be open nor damaged. If the original packaging has been discarded, the Customer should, taking into consideration the type of Products, wrap them with care in order to avoid breakage.
Products returned are at the cost and risk of the Customer. Any product that is damaged cannot be returned nor reimbursed.
9.3 Reimbursement
The customer will be reimbursed the amount paid during the sale, excluding delivery costs, within 14 days following the Customer’s cancellation notice. However, the Company may wait until they are in receipt of the returned Products and/or until the Customer has provided the Company with proof of shipping.
If the Customer has paid a donation via a third party such as Paygreen, the Customer cannot be reimbursed for this amount in the event of cancellation.
The reimbursement will be carried out by the same payment method which was used by the Customer for their order unless the Customer instructs otherwise, such as in the case of a bank card expiring. In such an instance, the Customer should outline which payment method is preferred for reimbursement. The Company confirms that the Customer will not incur any fees for the reimbursement.
Article 10 : Legal guarantees
10.1 Legal guarantee of conformity
The Customer is protected by the legal guarantee of conformity, as per the articles L. 217-4 and following of the French Consumer Code (extracts below). As such, the Company is dedicated to delivering compliant Products and is responsible for any defects in conformity arising during the delivery process.
Article L.217-4 of the French Consumer Code, ‘The seller is responsible for delivering goods according to the sales contract and for any defects in conformity arising during the delivery process or as a result of packaging and also includes up to installation and usage.’
Article L.217-5 of the French Consumer:
‘To be in conformity with the contract, goods must:
1° Are fit for intended purpose
Correspond to the description given by the seller and have the qualities of the sample or model which the seller presented to the customer
Have the qualities a consumer can reasonably expect regarding their nature and any public declarations made by the seller, the producer or their representative, especially in advertising or labelling.
2° Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer and which was made known to the seller and which the latter accepted.
As per the legal guarantee to conformity, the Customer:
Has two years within delivery of goods to initiate a contentious step on the grounds of guarantee to conformity
Can choose between repair or replacement of goods at no extra cost, as outlined in Articles L.217-9 of the French Consumer Code
Does not need to provide any evidence of the lack of conformity for up to 24 months following delivery.
The legal guarantee of conformity is applied independently to the commercial guarantee agreed.
The Customer can decide to implement the guarantee of latent defects as per Article 1641 of the French Civil Code. In this case, they can choose between cancellation of sale or a reduced price (Article 1644 of the French Civil Code).
10.2 Guarantee of latent defects
The Customer can exercise their guarantee of latent defects as outlined from Article 1641 and following of the French Civil Code (extracts below)
Article 1641 of the French Civil Code: ‘The seller is liable for latent defects of the sold goods which render the product unfit for use or to such an extent the buyer cannot use it for its intended purpose and therefore would not have bought it or would have given a lesser price, had they been aware.’
The first paragraph of Article 1648 of the French Civil Code: ‘The action resulting from latent defects must be brought by the buyer within two years of the discovery of the defect.’
Article 11 : Intellectual property
The Le Philtre trademark, as well as all trademarks, figurative or otherwise, and more generally all other trademarks, illustrations, images and logos that appear on the Website, whether they are registered or not, remain the exclusive property of the Company.
Any full or partial reproduction, modification or use of these trademarks, illustrations, images and logos in whatever form and by whatever medium, without prior express autorisation of the Company, is prohibited. This is also applicable to any other combination of connection with any other trademark, symbol, logo or distinctive mark intended for use as a logo.
Article 12 : Privacy policy
All personal information about the Customer that is provided to the Company during Website use, including data collected at sign up or at the point of sale, is submitted as per the Website’s privacy policy, which makes up part of the current General Terms and Conditions of Sale and is available here or via a link provided at the bottom of each page on the Website.
Article 13 : Applicable law and jurisdiction
The current General Terms and Conditions of Sale are subject to French law.
In case of dispute, provided they have previously contacted the Service and conforming to articles L.612-1 of the French Consumer Code, the Customer can consider conventional mediation. As such, the Company is a member of the the e-commerce ombudsman FEVAD (Fédération du e-commerce et de la vente à distance) can be contacted at: 60 Rue La Boétie – 75008 Paris – http://www.mediateurfevad.fr
The Customer may also consider an online dispute resolution, proposed by the European Commission available via the following link:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR
In the absence of any amicable settlement between the parties, any dispute arising from training, interpreation or carrying out the current terms and conditions of sale or any order will be handed over to the French courts.
