These General Terms and Conditions of Sale are up to date as of June 9, 2022
1.1. These General Terms and Conditions of Sale (hereinafter ”GTC”) are offered by the company SPYRIDON (hereinafter ”The Company”), SAS with a capital of 10,000 euros, registered in the Trade and Companies Register de Bordeaux under number 913 340 287, whose registered office is 87 quai des Queyries 33100 Bordeaux, France.
1.2. The company is the owner and publisher of the website www.spyridondrinks.com (hereinafter “the Site”). The Site is hosted by IONOS by 1&1.
1.3. The director of publication is Adelaïde de Perlinghi.
1.4. The Site offers the Customer (hereinafter “the Customer”) the possibility of buying bottles of aperitif without alcohol (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 the products on the Site, and that his browser allows secure access to the Site. The Customer must also ensure that the computer configuration of his hardware/equipment is in good condition and does not contain any viruses.
2. APPLICATION AND OPPOSABILITY OF THE T&Cs
2.1. The purpose of these GCS 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 GCS before placing his Order.
2.3. The validation of the Order therefore implies acceptance of these GCS. These are regularly updated, the applicable T&Cs are those in force on the Site on the date the Order is placed.
2.4. Any contrary condition set 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 the right to subsequently avail itself of any provision of the said T&Cs.
3. ORDERING PRODUCTS ON THE SITE
The Company reserves the right to correct the content of the Site at any time.
3.1. The Customer selects the product(s) he wishes to purchase, and can access the summary of his Order at any time.
3.2. 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 which is added to the price of the product(s) of the Order. The Customer has the option of modifying his Order and correcting any errors before accepting his Order.
3.3. After having accessed the summary of his Order, the Customer confirms the acceptance of his Order by ticking the validation box of the GCS, then by clicking on the Order validation icon. The words “Order with obligation to pay” or a similar formula devoid of any ambiguity appear next to the validation icon of the Order to ensure that the Customer explicitly acknowledges his obligation to pay for the Order.
3.4. After acceptance of the GCS and validation of the Order with payment obligation, the contract is validly concluded between the Company and the Customer and binds them irrevocably.
3.5. After the validation of his Order and in order to be able to proceed to the payment, the Customer enters the details to which he wishes to obtain delivery of the product(s) ordered, and of invoicing if they are different. The delivery process for the product(s) ordered is described in ARTICLE 5 of these GCS.
3.6. The Company then sends him an Order confirmation by email, containing the elements of the summary of his Order and the delivery and, where applicable, billing addresses provided.
3.7. After having validated his delivery details and, where applicable, billing, the Customer proceeds to the payment of his Order according to the methods specified below.
4. PRICE AND CONDITIONS OF PAYMENT OF THE ORDER
4.1. The prices are mentioned on the Site in the descriptions of the products, in euros and excluding tax and all taxes included.
4.2. The total amount is indicated in the summary of the Order, before the Customer accepts these GCS, validates his Order, informs and validates his delivery details and, where applicable, billing and proceeds to payment. This total amount is indicated inclusive of all taxes.
4.3. 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 bank card, except for special conditions of sale expressly accepted by the Customer and the Company.
4.4. In the event of payment by credit card, the Site uses the Payplug security system, a service provider specializing in online payment security. This system guarantees the Client the total confidentiality of his banking information. The bank transaction by credit 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.
4.5. The Customer guarantees to the Company that he has the necessary authorizations to use the method of payment, when placing the Order.
4.6. The Company reserves the right to suspend or cancel any execution and/or delivery of an Order, regardless of its nature and level of execution, in the event of non-payment or partial payment of any amount that would be owed 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.
5.1. The product(s) offered on the Site can be delivered exclusively to metropolitan France.
5.2. The Company undertakes to deliver the product(s) within a period not exceeding 14 working days from the date of the Order.
5.3. The Customer is informed by email, when his Order is ready, of its shipment. The product(s) ordered is (are) delivered to the delivery address indicated by the Customer when ordering under the conditions specified in article 3.8 of these GCS.
5.4. The Customer must ensure that the information communicated referred to in article 3.8 of these GCS is correct, and that it remains so until complete 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 the delivery, by sending, without delay, an email to the Customer Service email address. Failing this, in the event of delay and/or delivery error, the Customer cannot in any case engage the Company’s liability in the event of non-delivery, and the Company’s Customer Service will contact the Customer for a second delivery. on client fee.
5.5. The Company will not be responsible either if the non-receipt of the products is due to the fact of a third party outside its intervention or in the event of theft.
5.6. In case of 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.
5.7. The Customer may follow the delivery of his Order by contacting Customer Service, the number of which appears in ARTICLE 6 of these GCS.
6. CUSTOMER SERVICE
6.1. For any request for information, clarification or for any complaint, the Customer must contact, in priority, the Customer Service of the Company, in order to allow the latter to try to find a solution to the problem.
6.2. The Company’s Customer Service can be reached by email (firstname.lastname@example.org) or post (87 quai des queyries 33100 Bordeaux, France).
7. LEGAL AND COMMERCIAL GUARANTEES
All 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 that comply 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 good complies with the contract:
1° If it is specific to the use usually expected of a similar item 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 is prescribed by two years from the delivery of the goods.”
Article 1641 of the Civil Code: ”The seller is bound by the guarantee on account of the hidden defects of the thing sold which render 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 only a lesser price, if he had known them.’
Article 1648 of the Civil Code, first paragraph: “The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.”
If a Customer believes that he has received a product that he considers to be defective or non-compliant, he must contact the Company as soon as possible after receipt of the Order, at the following email address: contact@spyridondrinks. com, or by registered mail with acknowledgment of receipt to the following address: SPYRIDON 87 quai des Queyries 33100 Bordeaux, France, specifying the defect or non-compliance in question.
It will be up to the Customer to provide any justification as to the designation of the apparent defects and/or anomalies observed. The Customer must allow the Company every facility to proceed with the observation of these defects or non-conformities and to remedy them if necessary. He will refrain from intervening himself or having a third party intervene for this purpose.
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 necessary, will replace the product whose Company would have had to note the lack of conformity, or the defect.
© 2022 Spyridon