These general Terms & Conditions are up to date on April 1, 2021.
1.1. These general Terms & Conditions (hereinafter "T&Cs") are offered by the company ALAVIE (hereinafter "The Company"), SAS with a capital of 10,000 euros, registered in the Trade and Companies Register of Paris under number 894 428 788, represented by Sabrina Stansfield et Clementine Raisin, whose registered office is 66 avenue des Champs-Elysées, 75008 Paris, FRANCE. Its e-mail address is firstname.lastname@example.org and its individual intra-community VAT identification number is FR14894428788.
1.2. The company is the owner and publisher of the website www.alavie-drinks.com (hereinafter "the Site"). The Site is hosted by Shopify Inc.
1.3. The publication directors are Sabrina Stansfield and Clementine Raisin.
1.4. The Site offers the Customer (hereinafter "the Customer") the possibility of purchasing bottles of alcohol-free and sugar-free apéritifs (the "products").
1.5. Before any use of the Site, the Customer must ensure that he has the technical and IT resources allowing him to use the Site and order products on the Site, and that his browser allows secure access to the Site.The Customer must also ensure that the IT configuration of his hardware/equipment is in good condition and does not contain viruses.
2. APPLICATION AND OPPOSABILITY OF THE T&Cs
2.1. The purpose of these T&Cs is to define all the conditions under which the Company markets the products as offered for sale on the Site to Customers.They therefore apply to any Order ("Order") of products placed on the Site by the Customer.
2.2. The Customer declares to have read and accepted these T&Cs before placing his Order.
2.3. The validation of the Order therefore implies acceptance of these T&Cs. These are regularly updated, the applicable T&Cs are those in force on the Site on the date of placing the Order.
2.4. Any contrary condition imposed by the Customer would therefore, in the absence of express acceptance, be unenforceable against the Company regardless of when it may have been brought to its attention.
2.5. The fact that the Company does not avail itself at a given time of any provision of these T&Cs cannot be interpreted as a waiver of subsequently availing itself of any provision of said T&Cs.
3. PRESENTATION OF PRODUCTS ON THE SITE
3.1. Photographs of the products appear on the site www.alavie-drinks.com and are freely available for consultation. These photographs are in no way contractual.
3.2. The Customer declares that he is fully aware of the provisions of this article, and expressly agrees not to engage ALAVIE's liability in this regard, subject to the application of mandatory legal provisions (guarantee of conformity in particular).
3.3. Users wishing to receive additional information on a product are invited to contact Customer Service at the following address: email@example.com.
4. ORDERING PRODUCTS ON THE SITE
The Company reserves the right to correct the content of the Site at any time.
4.1. All orders must be made through the website www.alavie-drinks.com. The description of each product is available to each customer on this site.
4.2. Creating a personal account on the site is not required to place an order. On the other hand, certain personal data of the customer are required by ALAVIE for the proper execution of the order.
4.3. The Customer is required to provide complete, up-to-date and fair information, the responsibility of ALAVIE not being able to be engaged in this respect. The Customer is informed that some of the information requested is mandatory for the proper execution of the order he has placed, which he expressly acknowledges.
4.4. The Customer selects the product or products he wishes to buy, and can access the summary of his Order at any time.
4.5. The summary of the Order presents the list of the product (s) that the Customer has selected, and includes any additional costs such as the delivery price added to the price of the product (s) of the Order.The Customer has the possibility of modifying his Order and correcting any errors before proceeding with the acceptance of his Order.
4.6. After having accessed the summary of his Order, the Customer confirms the acceptance of his Order by checking the validation box of the T&Cs, then by clicking on the validation icon of the Order. The words "Order with payment obligation" or a similar unambiguous formula appears next to the Order validation icon in order to ensure that the Customer explicitly recognizes his obligation to pay for the Order.
4.7. After acceptance of the T&Cs and validation of the Order with payment obligation, the contract is validly concluded between the Company and the Customer and binds them irrevocably.
4.8. After validation of his Order and in order to be able to proceed to payment, the Customer enters the contact details to which he wishes to obtain delivery of the product (s) ordered, and invoicing if they are different.The delivery process of the ordered product (s) is described in ARTICLE 5 of these T&Cs.
4.9. The Company then sends him an Order confirmation by email, including the elements of the summary of his Order and the delivery and, if applicable, invoicing addresses provided.
4.10. After having validated his delivery details and, if applicable, invoicing, the Customer proceeds to the payment of his Order according to the terms specified below.
5. PRICE AND TERMS OF PAYMENT OF THE ORDER
5.1. The prices are mentioned on the Site in the product descriptions, in euros and all taxes included, excluding delivery costs, unless specified.
5.2. All orders, whatever their origins, are payable exclusively in Euros. Any exchange costs, shipping costs, customs taxes and formalities are the sole responsibility of the customer.
5.3. ALAVIE reserves the right to modify its prices at any time.
5.4. The prices applied correspond to those displayed on the website www.alavie-drinks.com at the time of validation of the order by the Customer. These prices are, on the date of validation of the order by the Customer, firm and final.
5.5. The total amount is indicated in the summary of the Order, before the Customer accepts these T&Cs, validates his Order, informs and validates his delivery and billing details, if applicable, and proceeds to payment. This total amount is shown inclusive of all taxes.
5.6. The Order of products on the Site is payable in euros. Full payment must be made on the day of the Order by the Customer, by credit card, except special conditions of sale expressly accepted by the Customer and the Company.
5.7. In the event of payment by credit card, the Site uses the Payzen security system, a service provider specializing in online payment security. This system guarantees the Customer the total confidentiality of his banking information. The bank transaction by bank card, carried out between the Customer and the secure system is therefore fully encrypted and protected. The Customer's bank details are not stored electronically by the Company.
5.8. The Customer guarantees the Company that he has the necessary authorizations to use the method of payment, when placing the Order.
5.9. The Company reserves the right to suspend or cancel any execution and/or delivery of an Order, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum that may be due by the Customer to the Company, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the site and the payment of an Order.
5.10. Payment for orders is made in full by credit card from the Visa, Mastercard, CB and American Express networks via the secure payment platform Payzen.
5.11. The payment methods are specific to the platform of the payment provider Payzen, and are independent of ALAVIE, which does not intervene in any way in the use of said service.
5.12. All the terms and conditions related to payment via the Payzen payment solution are governed by the General Conditions of Use of this service https://payzen.eu/wp-content/uploads/2018/06/CGS_PayZen-20180517.pdf.
5.13. Payzen's General Conditions of Use apply concomitantly to these T&Cs.
5.14. By accepting these, the Customer also agrees to be bound by Payzen's General Conditions of Use. These are subject to change by Payzen only. Under no circumstances can ALAVIE modify the General Conditions of Use of Payzen, a service provider over which it has no control.
5.15. ALAVIE cannot be held responsible for any malfunction occurring on the Payzen payment platform.
5.16. ALAVIE reserves the right to modify the means of payment available at any time.
6. PROMOTIONAL CODES
6.1. Promotional codes apply only to non-discounted base prices including VAT.
6.2. Promotional codes cannot be combined with each other or with vouchers.
6.3. Promotional codes can be used once per Customer, unless otherwise instructed by ALAVIE.
6.4. These promotions are not deductible during a trade.
7. DELIVERY AND SHIPPING
7.1. The product (s) offered on the Site can be delivered to mainland France and the European Union.
7.2. The Company undertakes to deliver the product (s) within a period not exceeding 14 working days from the date of the Order.
7.3. The Customer is informed by email, when his Order is ready, of its shipment. The ordered product (s) is (are) delivered to the delivery address indicated by the Customer when ordering under the conditions specified in article 4.8 of these T&Cs.
7.4. The Customer must ensure that the information communicated referred to in article 4.8 of these T&Cs is correct, and that they remain so until full delivery of the product (s) ordered.The Customer therefore undertakes to inform The Company of any change in billing and/or delivery details that may occur between the Order and delivery, by sending an email to the Customer Service email address without delay. Failing that, in the event of a delay and/or error in delivery, the Customer may in no case be held liable for the Company in the event of failure to deliver, and the Company's Customer Service will contact the Customer for a second delivery on client fee.
7.5. The Company will not be responsible either if the non-receipt of the products is due to the act of a third party outside its intervention or in the event of theft.
7.6. It is expressly agreed that from delivery, the risks of the products are transferred to the Customer. Consequently, the Customer agrees to verify, at the time of delivery, that the order delivered is complete, compliant and has not been damaged.
7.7. In the event that the order is not complete, compliant or has been damaged, the Customer agrees to refuse to accept this order and to affix his signature to any supporting document. Any order received against signature by the Customer will be considered as being compliant, complete and in perfect condition at the time of delivery.
7.8. In the event of a return of the Order due to the absence of the Customer, the Company's Customer Service will contact the Customer for a second delivery at the Customer's expense.
7.9. The Customer can follow the delivery of his Order by contacting Suivi Colis Service, the number of which appears in ARTICLE 9 of these T&Cs.
8. AVAILABILITY OF STOCKS
8.1. The products are delivered within the limits of available stocks. ALAVIE may modify the assortment of products offered for sale on the site at any time, without prejudice to orders placed by the Customer.
8.2. In the event of unavailability of the ordered product or a delay in delivery, the Customer may choose to:
• request a refund equal to the amount of the unavailable product (s);
• be delivered when the products concerned are back in stock (unless the catalog is permanently withdrawn);
• obtain an equivalent product instead of the product ordered.
8.3. In the case of a refund, ALAVIE undertakes to reimburse the Customer within 15 working days of the Customer's request.
8.4. In the event of unavailability of one or more products, the Customer is notified by e-mail within 48 hours of the order being confirmed.
8.5. ALAVIE cannot be held responsible for any damage suffered by the Customer due to the unavailability of the product (s) ordered, nor liable for the payment of damages.
9. CUSTOMER SERVICE
9.1. For any question relating to order tracking, the Customer must contact the Parcel Tracking Service, Suivi Colis, directly, Monday to Friday from 8:30 a.m. to 1 p.m. / 2 p.m. to 4:30 p.m. using the following contact details:
- email: firstname.lastname@example.org
- Hotline telephone number: 05.32.10.82.73
9.2. For any request for information, clarification or any complaint, the Customer must contact, as a priority, the Customer Service of the Company, in order to allow the latter to try to find a solution to the problem, using the following contact details:
- email: email@example.com
- mail: 66 avenue des Champs-Elysées, 75008 Paris, FRANCE
10. LEGAL AND COMMERCIAL GUARANTEES
All the products offered by the Company are subject to the legal guarantee of conformity provided for by law, and in particular articles L.217-4, L.217-5 and L.217-12 of the Consumer Code, and to the warranty against hidden defects provided for by articles 1641 and 1648, first paragraph, of the Civil Code:
Article L.217-4 of the Consumer Code:'' The seller delivers goods in accordance with the contract and is liable for any lack of conformity existing at the time of delivery.
It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to it by the contract or has been carried out under its responsibility ''.
Article L.217-5 of the Consumer Code:'' The goods comply with the contract:
1 ° If it is suitable for the use usually expected of a similar good and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2 ° Or if it has the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted ''.
Article L.217-12 of the Consumer Code:'' The action resulting from the lack of conformity lapses two years after delivery of the goods. ''
Article 1641 of the Civil Code:`` The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer does not would not have acquired, or would have given a lower price, if he had known them. ''
Article 1648 of the Civil Code, first paragraph:`` The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. ''
10.1. If a Customer considers having received a product that he considers to be defective or non-compliant, he must contact the Company, as soon as possible from receipt of the Order, at the following email address: firstname.lastname@example.org or by registered mail with acknowledgment of receipt to the following address: 66 avenue des Champs-Elysées, 75008 Paris, FRANCE, specifying the defect or non-conformity in question.
10.2. It will be up to the Customer to provide any justification as to the designation of apparent defects and/or anomalies noted.The Customer must give the Company every facility to establish these defects or non-conformities and to remedy them if necessary. He will refrain from intervening himself or involving a third party for this purpose.
10.3. If the defects and/or anomalies are confirmed by the Company, the latter will then send the Customer its instructions on how to proceed after having taken cognizance of the complaint thus formulated and, if applicable, will replace the product for which the Company would have been led to notice the lack of conformity, or the defect.
10.4. In the event that it is impossible to exchange the product, the Company will be required to reimburse the Customer within fourteen days of receipt of the product. Reimbursement will be made at the Company's proposal by crediting the Client's bank account, the Client being able to opt for a reimbursement method other than the one proposed.
10.5. Our refund policy lasts 14 days. If 14 days have gone by since your purchase, unfortunately we can't offer you a refund or exchange.
10.6. To be eligible for a return, your item must be unused and in the same condition you received it. It must also be in the original packaging.
10.7. To make a return, you must show us a receipt or proof of purchase. All returns are the sole responsibility of the buyer. Please return your purchase to: TREMBLAYE LOGISTIQUE, Rue Hippolyte FOUCAULT, 72 000 LE MANS.
You will be responsible for paying your own shipping costs to return your item. Shipping costs are non-refundable. If you receive a refund, the return shipping cost will be deducted from it. Depending on where you live, the time it takes to receive your exchanged product may vary.
If you are shipping an item over 60 euros, you should consider using a delivery service that allows you to track the shipment or purchase delivery insurance. We do not guarantee that we will receive your returned item.
10.8. Refunds (if applicable)
Once we have received and inspected the returned item, we will send you an email to confirm that we have received it. We will also notify you of our decision to approve or reject your refund request. If your request is approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain number of days.
10.9. Late or missing refunds (if applicable)
If you have not yet received your refund, please check your bank account again. Then contact your credit card issuing entity, as there may be a delay before your refund is officially posted. Then contact your bank. There is often a processing time required before a refund is posted. If you've done all of these steps and you still have not received your refund yet, please contact us at email@example.com.
10.10. Sale items (if applicable)
Only regular priced items can be refunded. Unfortunately, sale items are not refundable.
11. CLIENT OBLIGATIONS
11.1. The Customer undertakes to respect the terms of these T&Cs.
11.2. The Client undertakes to use the Site in accordance with the Company's instructions.
11.3. The Customer agrees that he uses the Site only for his personal use, in accordance with these T&Cs. In this regard, the Client agrees to refrain from:
- To use the Site in any illegal manner, for any illegal purpose or in any manner incompatible with these T&Cs.
- To sell, copy, reproduce, rent, lend, distribute, transfer or sub-license all or part of the content appearing on the Site or to decompile, reverse engineer, disassemble, modify, display in a form readable by the Customer, attempt to discover any source code or use any software activating or comprising all or part of the Site.
- To attempt to obtain unauthorized access to the Site's computer system or to engage in any activity that disrupts, decreases the quality or interferes with the performance or deteriorates the functionality of the Site.
- To use the Site for abusive purposes by intentionally introducing viruses or any other malicious program and to attempt to gain unauthorized access to the Site.
- To infringe the intellectual property rights of the Company and/or to resell or attempt to resell the products to third parties
- To denigrate the Site and/or the products as well as the Company on social networks and any other means of communication
11.4. If, for any reason, the Company considers that the Client does not comply with these T&Cs, the Company may at any time, and at its sole discretion, remove its access to the Site and take all measures including any civil and criminal legal action to against him.
12. RIGHT TO RETRACT
12.1. In accordance with articles L.221-18 et seq. Of the French Consumer Code, the Customer has 14 days from receipt of the last product ordered on the Site to exercise his right of withdrawal from the Company, without having to justify reasons or pay a penalty.
12.2. To exercise his right of withdrawal from the Order, the Customer must notify his decision to withdraw by means of an unambiguous declaration, without justifying reasons.The Customer may communicate his decision to withdraw to the Company by any means, in particular by sending it by post to the Company at the following address: 66 avenue des Champs-Elysées, 75008 Paris, FRANCE or by email at firstname.lastname@example.org.
12.3. In the event of notification to the Company by the Customer of his decision to withdraw, regardless of the means employed, the Company will immediately send him an acknowledgment of receipt of the withdrawal on a durable medium (in particular by email).
12.4. The Customer must return the product (s) in the same condition as that in which he/she received it (s), and with all the packaging elements, accessories and instructions (even if the ( s) product (s) has or have been unpacked, as soon as possible and at the latest within 14 days from the notification of the decision to withdraw from this contract, to the following address: 66 avenue des Champs-Elysées, 75008 Paris, FRANCE. In accordance with the law, the Customer bears the cost of returning the product (s).
12.5. In the event of the Customer's withdrawal, the reimbursement of the product (s) which has or have been the subject of the right of withdrawal is made by the Company by the same means of payment as that used for the initial transaction, unless the Customer expressly agrees in a different way. In any case, this reimbursement will not incur costs for the Customer.The refund is made as soon as possible, and at the latest 14 days from the day on which the Company is informed of the Customer's decision to withdraw his Order.
12.6. In accordance with article L.221-23 of the Consumer Code, the Customer is informed that his responsibility is only engaged with regard to the Company for a depreciation of the product (s), returned (s) following the exercise of his right of withdrawal, resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this or these goods.
13.1. The Company implements all measures to ensure the Customer the supply, under optimal conditions, of quality product (s). However, it cannot under any circumstances be held liable for any non-performance or improper performance of all or part of the services provided for in the contract, which is attributable either to the Customer, or to the unforeseeable and insurmountable fact of a third party outside the contract, or to a case of force majeure. More generally, if the Company was held liable, it could in no case accept to compensate the Customer for indirect damage or the existence and/or the amount of which would not be established by evidence.
13.2. The Site may contain links to other sites not published or controlled by the Company, which cannot be held responsible for the operation, content or any element present or obtained through these sites.
13.3. The establishment of such links or the reference to any information, articles or services provided by a third person, cannot and cannot be interpreted as an express or tacit endorsement, by the Company, of these sites and these elements or their contents.
13.4. The Company is not responsible for the availability of these sites and cannot control their content or validate the advertising, product (s) and other information disseminated on these websites.
13.5. It is expressly stipulated that the Company can in no way be held responsible, in any way whatsoever, for the case where the IT equipment or the electronic mail of the Customers reject, for example because of an anti-spam , e-mails sent by the Company, and in particular, without this list being exhaustive, a copy of the payment receipt, the summary of the Order or the shipping tracking e-mail.
13.6. The Client is fully aware of the provisions of this article and in particular of the aforementioned guarantees and limitations of liability, essential conditions without which the Company would never have contracted.
The Customer undertakes not to undermine the security of the Site. To this end, he undertakes not to carry out any fraudulent access and/or maintenance in the Company's information system.The Client may not harm or hinder the Company's information system either. Failing this, the Company may take any measure against it and in particular incur criminal liability under articles 323-1 and seq. of the Criminal Code.
15. INTELLECTUAL PROPERTY
15.1. All the elements of this Site and the Site itself are protected by copyright, trademark law, designs and/or all other intellectual property rights. These elements are the exclusive property of the Company. All of these rights are reserved for the whole world.
15.2. The name and brand, logos, drawings and models, stylized letters, figurative marks, and all signs represented on this Site are and will remain the exclusive property of the Company.
15.3. No title or right whatsoever to any element or software will be obtained by downloading or copying elements from this Site. It is strictly forbidden for the Customer to reproduce (except for his personal and non-commercial use), publish, edit, transmit, distribute, show, remove, delete, add to this Site and to the elements and software it contains, no more modify them or carry out any work based on them, nor sell or participate in any sale in connection with this Site, the elements of this Site or any software relating thereto.
15.4. The Company grants the Client a non-exclusive license to use the Site. This license is strictly personal and can in no case be assigned or transferred to any third party. The license is granted for the duration of use of the Site.
15.5. Any use by the Customer of the corporate names, brands and distinct signs belonging to the Company is strictly prohibited except in the event of the Company's express prior agreement.
16.1. By checking the box provided for this purpose or by expressly agreeing to this end, the Client accepts that the Company may send him, at a frequency and in a form determined by the Client, a newsletter (information letter) which may contain information relating to its activity.
16.2. When the Customer checks the box provided for this purpose in the registration process on the Site to place the Order, he agrees to receive commercial offers from the Company for products similar to those ordered.
16.3. Customers will have the option to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each of the newsletters.
17. APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION
17.1. These T&Cs are governed and interpreted in accordance with French law, without taking into account the principles of conflicts of laws.
17.2. In the event of a dispute that may arise during the interpretation and/or execution of these Terms or in connection with these T&Cs, the Customer may decide to submit the dispute with the Company to a mediation procedure. conventional or any other alternative dispute resolution method.
17.3. The Customer can go to the European platform for the settlement of consumer disputes set up by the European Commission at the following address and listing all the dispute settlement bodies approved in France:https:// webgate.ec.europa.eu/odr/.
17.4. In case of failure of this mediation procedure or if the Client wishes to seize a court, the rules of the code of civil procedure will apply.
T&Cs dated 04/01/2021 and applicable from that date.