The present general conditions of sale are concluded between:
The simplified joint stock company, the Wambrechies distillery, represented by T.O.S DISTILLERY, with a capital of €120,000 registered in the Arras trade and company register under number 828587303 at the address 26 route d’Arras 62160 Aix Noulette, represented by its President Mr. Bogaert.
and between any physical person of more than 18 years or any moral person, private individual or professional, of private or public right wishing to engage in one or several services provided by the T.O.S DISTILLERY hereafter called the Customer.
These “general terms and conditions of sale” govern all sales made via the sites published by the company “T.O.S Distillery”:
www.distilleriedewambrechies.fr/
Article 1 – VALIDATION AND ACCEPTANCE
You agree to be 18 years of age or older to purchase our products.
You declare that you have read and accepted these general terms of sale before placing your order. The validation or payment of your order therefore implies acceptance of these “general conditions of sale” in their entirety.
The data recorded by T.O.S DISTILLERY constitute the proof of all the transactions between T.O.S DISTILLERY and its customers.
T.O.S DISTILLERY will proceed to the archiving of the purchase orders and invoices on a reliable and durable support constituting a faithful copy, in accordance with the provisions of the article 1348 of the Civil code. The computerized registers of T.O.S DISTILLERY will be considered by the Parties as proof of the communications, orders, payments and transactions occurred between the Parties. Will be archived in particular the following elements: filled order form, order confirmation, invoice… You can have access to the archived contract in the following conditions: See your customer history.
Article 2 – THE PRICES
The prices are given in euros and include all taxes, i.e. packaging costs, excise duties (specific tax on alcohol) and VAT. However, transport costs are not included. They are indicated before the conclusion of the contract in the order summary.
T.O.S DISTILLERY reserves the right to modify its prices at any time without notice. The products will be invoiced on the basis of the prices in force at the time of the validation by the payment of each order.
Article 3 – QUANTITIES ALLOWED
A private individual may not order more than 10 litres of alcohol simultaneously.
Article 4 – LANGUAGES
This contract is written in French. Only the French version of these general terms and conditions of sale and the information mentioned on the site are authentic. The presentation of the information on the site in English is only intended to facilitate the visit of non-French Internet users and is not contractual.
Article 5 – OWNERSHIP AND TRANSFER OF OWNERSHIP
The totality of the delivered products remains the property of T.O.S DISTILLERY until the effective collection, not disputed and not contestable, of the complete amount of the order. Are thus included the transport costs and the possible expenses of payment.
However, the purchaser becomes responsible for the items upon delivery. The acceptance of the products is simultaneously the transfer of ownership and the transfer of responsibility and risk.
Article 6 – ORDER
Orders for products presented for sale on the Internet must be placed via the Internet. All orders are payable immediately and exclusively in euros.
The customer wishing to place an order on the Wambrechies distillery website must:
- identify themselves by providing accurate and up-to-date contact details (delivery address, invoicing address, surname and first name, e-mail address, possibly bank details),
- fill in the online order form giving all the references of the selected products,
- validate the order after having checked it,
- make the payment in accordance with the conditions laid down,
- confirm the order and payment.
T.O.S DISTILLERY will communicate without delay to the customer by electronic mail the confirmation of the registered order.
A paper invoice showing VAT will be sent to you on request.
T.O.S DISTILLERY reserves the right to cancel, defer, postpone or refuse any order from a customer with whom there would be any dispute relating to a previous order or with whom there would be a doubt as to his loyalty or good faith.
Article 7 – AVAILABILITY
Our products and their prices are valid as long as they are visible on the site.
For each product, the availability is indicated. This information is valid at the time of the page you are viewing. This information is updated in real time. Adding a product to your basket constitutes a temporary reservation without commitment on your part. This reservation is valid throughout your visit on the sites of T.O.S DISTILLERY.
In case of unavailability of the ordered products, T.O.S DISTILLERY will inform the Customer who will be reimbursed without delay and at the latest in the 30 days following the payment of the sums paid for his order.
En cas de paiement par chèque, le délai de mise à l’expédition des produits sera celui du jour et de l’heure de la constatation du recouvrement effectif et non contestable, du montant de la commande. Vous serez alors informé(e) de ces délais soit dans le suivi de votre commande dans la rubrique « Mon Compte », soit par courriel envoyé à l’adresse de votre compte.
Article 8 – DELIVERY
The online sale of the products presented on the Wambrechies distillery website is limited and reserved to Customers residing in metropolitan France, the Netherlands or Belgium and for collection/delivery required in this geographical area. Collections/deliveries are made to the address indicated at the time of the order. The customer therefore undertakes to indicate in his order, in the event of delivery, an address to which the delivery can be made during working hours.
In case of absence at the time of delivery, the carrier will leave a notice of passage for recovery of the package in the warehouses or for a second passage without appointment.
When you order several products at the same time and they have different shipping times, the shipping time of the order is the longest of these items. In some cases, we may be able to ship your order in several shipments and will notify you by email.
For all products offered for sale on the website, the delivery deadline is set at thirty (30) working days, plus 15 additional working days for “made-to-order” products, products whose availability is announced for more than ten days, and products paid for by cheque. If you have a requirement, please indicate the date by which the products must reach you. If we cannot meet this date, we will contact you before dispatching the products.
We invite you to regularly check the status of your order.
The logistics service is provided in-house based in Wambrechies. We do our best to ensure that any order placed before 12:00 pm is processed and sent to the carrier the day after the order is placed for delivery within 48 to 72 hours.
Article 9 – PLACE OF DELIVERY / COLLECTION
Deliveries outside mainland France of products subject to specific taxes on alcohol (Accises) are not possible due to the operating regime granted to us by French customs. As such, delivery addresses must be in France but cannot be in Andorra, Monaco or the French overseas departments and territories.
Article 10 – SHIPPING, TRANSPORTATION COSTS
Shipping and transportation costs are not included in the prices of the products and must therefore be added to the total amount of the products. These costs are based on the total weight of each order and depend on the mode of transport chosen, the desired delivery time and, in certain cases, the geographical area of the delivery site.
Article 11 – PAYMENT
Only one method of payment is allowed per order. Payments must always be made in euros.
You can pay for your purchases using one of the following four methods:
Either by credit card issued by a French bank, subject to the minimum or maximum amount limits (Visa, Carte Bleue, etc.). The card is debited immediately upon payment of the order.
or by bank transfer, with no minimum or maximum amount limit. Any costs incurred by payment by bank transfer shall be borne by the customer, with no possibility of reimbursement. A discount for payment by bank transfer is possible.
Bank information: Banque Caisse d’épargne (RIB available by mail)
You can pay online with confidence by entering your credit card number and expiry date in the spaces provided. We have adopted the SSL encryption process which ensures the confidentiality of bank data.
Article 12 – SECURITY
Our website is subject to a security system.
We have adopted the SSL encryption process. We have also strengthened all scrambling and encryption processes to protect all sensitive payment data as effectively as possible.
Article 13 – ORDER FOLLOW-UP
In general, the choice of delivery method depends on the weight and value of the items: delivery or collection is therefore carried out by carrier or by Mondial Relay.
Article 14 – RECEPTION OF A DELIVERY
You must immediately notify the carrier or the place of collection of any reservations about the products delivered. This implies that you must check before signing either the acknowledgement of receipt of the parcel(s) or the transport document, that the parcel(s) is/are in good condition, clean, dry, unopened and that the contents comply with your order. To check the contents, you must open the package(s) and carefully check the condition of the products.
You can then:
- either accept the package(s) and their contents in full and acknowledge receipt of your order.
- either accept the parcel(s) partially and make, obligatorily in writing, either on the acknowledgement of receipt or on the transport document, but nowhere else, the appropriate and precise remarks describing in detail the reservations you wish to make.
- or refuse the parcel(s) in their entirety, stating the reasons for your refusal in writing on the transport document or on the acknowledgement of receipt.
In all the cases (acceptance, partial acceptance, or refusal), you must hold T.O.S DISTILLERIE informed of the good reception, or not, of the parcel(s). You will not be able to claim any compensation, nor to have, nor refunding, if the possible reserves are not made immediately at the time of the reception of the parcel or the parcels and duly indicated either to the conveyor or the factor of the post office.
Article 15 – RETURN, “SATISFIED OR REFUNDABLE”, TIME LIMITS AND FEES
We do our utmost to ensure that our products give you complete satisfaction. In addition to the right of withdrawal, T.O.S DISTILLERIE offers its customers a commercial guarantee: “Satisfied or your money back”.
If the customer is not satisfied with the products ordered, he/she has a period of seven (7) additional days following the legal retraction period of fourteen (14) clear days to return the order. The product must be in its original packaging, unused and unconsumed. If the product has been used in any way, we will not be able to take it back and will return the product to you.
To obtain a return authorization, please contact customer service by email at contact@tosdistillerie.fr
You will be responsible for the initial shipping, repacking and return costs. Only the price of the product(s) purchased and returned will be refunded. Transport costs are not refundable.
Article 16 – RETURN, “SATISFIED OR REFUNDED”, AUTHORIZATION
A return authorization will be issued to you upon request by e-mail. Your request for authorisation may only concern one or more products from a single order at a time. This request must indicate the order concerned, list the products and quantities you wish to return and, if you wish, the reason(s) for the return.
The products must be in their original state, dry, clean, complete and accompanied by a copy of the return authorization.
Article 17 – RETURN, “SATISFIED OR REFUNDED”, CONTENTIOUS
Items returned by a customer either without a return identification number, or incomplete, or damaged, or soiled will not be refunded. These products will then remain at the disposal of the customer who can ask to have them back. The customer will be responsible for any shipping costs.
Article 18 – REIMBURSEMENT
A refund of one or more products is only possible if, and only if, the assumptions set out in the articles concerning product returns are respected. These refunds will be made within a period of 14 days or less from the date of receipt of the returned products and the inspection of these products by us.
The refunding will be carried out with the choice of T.O.S DISTILLERIE, either (in this case with the agreement of the customer) in the form of a credit note to be used on the next orders, or by transfer, or by credit on the bank account of the holder of the payment card, or by bank or postal cheque, addressed by mail, with the name of the payer having regulated the order and with the address of invoicing of the customer.
Article 19 – PERSONAL, NAMED, OR PRIVATE INFORMATION, CNIL
The Customer takes note of the fact that his data are saved by computer and treated by T.O.S DISTILLERIE. T.O.S DISTILLERIE undertakes to respect the provisions of the law “informatique et libertés” number 78-17 of January 6, 1978 modified by the law number 2004-801 of August 6, 2004 on the protection of personal data.
All the information provided by the Customer to T.O.S DISTILLERIE for the execution of his order or collected to supplement his Customer account, are used only with the exclusive aim of ensuring strictly the normal execution of the delivery of the ordered products.
The Customer agrees with the registration of his personal information. This information can be consulted, modified and deleted at any time in his Customer account. T.O.S DISTILLERIE treats the Customer’s personal information in complete confidentiality, and with strict respect for the Customer’s private life.
The person responsible for processing personal data is T.O.S DISTILLERIE, 26 route d’Arras 62160 Aix Noulette
TOS Distillerie implements measured and normal technical means to prevent access to personal data by third parties (SSL security).
If the Customer’s personal data is transmitted to a technical service provider, T.O.S DISTILLERIE undertakes to ensure that it complies with the same confidentiality and security obligations as those incumbent upon it.
Your personal information and data are kept for at least ten years in order to comply with legal obligations, in particular when the amount of an order reaches or exceeds 120.00 euros including VAT.
This information and data concerning you are necessary for the treatment of your order and the communications between you and T.O.S DISTILLERIE. This information is only transmitted to our necessary and indispensable partners, and if necessary to the customs services.
This information and data concerning you are necessary for the treatment of your order and the communications between you and T.O.S DISTILLERIE. This information is only transmitted to our necessary and indispensable partners, and if necessary to the customs services.
As regards banking information, and in accordance with Article 10, this data is kept by FIA-NET S.A.
Article 20 – USE OF COOKIES
Cookies are used on the Wambrechies distillery website for:
- Remember the language in which the site is displayed;
- Identify a customer throughout the ordering process.
Cookies are not necessary to consult the whole catalogue of the Wambrechies distillery. Some sections where non-permanent cookies (session cookies) are required: “contact us”, “create or modify an account”, the ordering and payment process.
Consulting our catalogue or placing an order does not imply the activation of cookies, however its acceptance will give you access to some additional features and facilities.
To prevent cookies from being stored or to be warned before accepting cookies, you can configure your computer as follows:
For Microsoft Internet Explorer 6.0 and 7.0 :
Select the “Tools” menu, then “Internet Options”.
Click on the “Confidentiality” tab.
Select the desired level using the slider or click on the “Advanced” button to customise your cookie management.
For Microsoft Internet Explorer 5 :
Select the “Tools” menu, then “Internet Options”.
Click on the “Security” tab.
Select ‘Internet’ and then ‘CustomLevel’.
Locate the ‘Cookies’ section and select the appropriate option.
For Mozilla Firefox 1.5.X and 2.0.X :
Select the “Tools” menu, then “Options…”.
Click on the “Privacy” icon and then on the “Cookies” or “Show cookies…” tab.
Customise the options as appropriate.
However, refusing the installation of cookies on your computer may alter the functionality of the site or even prevent access to your customer account.
Article 21 – LIABILITY
The products offered are in conformity with the French or European legislation in force. The responsibility of lT.O.S DISTILLERIE could not be committed in the event of non-observance of the French legislation by a customer, in particular in the event of accumulation of more than 10 litres of alcohol
The photos are presented for illustrative purposes. Only the information on the labels of the bottles is contractual. In case of doubt or if you have any questions, please contact us via the “Contact us” section.
Article 22 – PROTECTION OF MINORS
In accordance with article L.3342-1 of the Public Health Code, the sale of alcohol to minors under the age of eighteen (18) is prohibited. By placing an order, you certify on your honour that you are over eighteen (18) years old.
Article 23 – INTELLECTUAL PROPERTY
The texts, icons, photographs, drawings and decorations visible on the Wambrechies distillery website are protected by copyright and intellectual property law. Only use for strictly private purposes is authorised. Any total or partial reproduction of the Wambrechies distillery website is strictly forbidden unless prior written authorisation is granted on request, on a case-by-case basis, according to criteria that are at our strict discretion.
Article 24 – Article 24 – RIGHT OF WITHDRAWAL
Pursuant to the provisions of Article L. 121-20 et seq. of the French Consumer Code, as a consumer within the meaning of the Consumer Code, you have a period of fourteen (14) clear days to exercise your right of withdrawal without having to justify your reasons or pay any penalties, except for the cost of return.
This period of fourteen (14) days runs from the receipt of the delivered product. However, in the case of multiple orders, the withdrawal period shall run from the date of receipt of the last product eligible for the withdrawal law.
If you exercise your right of withdrawal, we will reimburse you by the means of payment of your order the sums paid as soon as possible and at the latest within fourteen (14) days after the date on which you exercised your right of withdrawal as well as proof of shipment of the product or receipt by our services of the product. If you have paid for your order with a credit note or gift voucher, we will reimburse you with the same means of payment as indicated above and in accordance with Law n° 2014-344.
Your letter of withdrawal must be sent to the following address
TOS Distillerie service retour 26 route d’arras 62160 Aix Noulette
or by e-mail to contact@tosdistillerie.fr.
However, the Customer is expressly informed and accepts that this right cannot be exercised, in accordance with article L 121-20-2 of the French Consumer Code, on goods which, due to their nature, cannot be returned or are likely to deteriorate or expire rapidly. It should also be noted that after receiving the return, the merchant will have 4 days to check the condition of the product. In accordance with the law, we may apply a discount when we find that the returned product has been tried beyond what is normal.
You will be responsible for the cost of returning the goods and repackaging them. Only the price of the product(s) purchased, returned and its shipping costs will be refunded.
Article 25 – ATTRIBUTION OF JURISDICTION
The present general conditions of sale are subject to French law. All disputes arising from the execution of an order or from the interpretation of these general conditions and more generally from agreements of any kind concluded between the professional parties shall be under the exclusive jurisdiction of the French commercial courts.
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