The purpose of these General Conditions of Sale is to define the conditions under which SAKA SPIRITS markets the Products to its Customers, through the Website.
The terms and expressions used in these General Conditions of Sale with a capital letter shall have the following meaning:
"Customer" means any adult natural person purchasing one or more Products offered by SAKA SPIRITS on the Website.
"Consumer Client" means the Client acting for purposes that do not fall within the scope of his professional activity, and therefore having the status of consumer within the meaning of the Consumer Code.
"General Conditions of Sale" means these general conditions of sale, applicable to the relations between SAKA SPIRITS and the Customer.
"Customer Account" means the account created by a User in order to purchase one or more Products on the Website, as described in Article 4 hereof.
“Special Conditions” means the special conditions concluded between SAKA SPIRITS and the Customer and intended to supplement these General Conditions of Sale, specifying in particular the nature and quantity of the Products supplied to the Customer as well as the pricing conditions. The Special Conditions are materialized by the summary page of the Customer's order, as confirmed by the Customer when he validates his payment.
"Contract" together designates the General Conditions of Sale and the Special Conditions. The conclusion of the Contract is materialized by the confirmation of the Special Conditions by the Customer, entailing his full and unreserved acceptance of the General Conditions of Sale.
"SAKA SPIRITS" means the company SAKA SPIRITS, a simplified joint-stock company, with a capital of 100 euros, whose head office is located at 29 rue de Briord, 44710 Port Saint Père, registered in the Nantes trade and companies register under the number 834 975 427.
"Products" means the products offered for sale on the Website by SAKA SPIRITS, as described in Article 3.1 hereof. Details of the Products supplied by SAKA SPIRITS to the Customer are specified in the Special Conditions.
"Website" means the website hosted at the following address: www.rhumsaka.com.
"VAT" means French value added tax.
"User" means any person registering and / or browsing the Website.
2. Acceptance of the General Conditions of Sale
The General Conditions of Sale determine the contractual conditions applicable to the relationship between SAKA SPIRITS and the Customer. The Customer declares to be an adult natural person and to have the capacity to conclude the Contract. The Customer is required to carefully read the General Conditions of Sale before purchasing a Product on the Website. The General Conditions of Sale contain important information on the rights and obligations of the Customer, as well as the limitations and exclusions of liability of SAKA SPIRITS. By purchasing a Product on the Website, the Customer confirms his full and unreserved acceptance of the General Conditions of Sale, which is expressly recognized by the Customer, who waives, in particular, to take advantage of any other document which would be unenforceable against SAKA SPIRITS. If the Customer does not accept the General Conditions of Sale, he is requested not to use the Products offered by SAKA SPIRITS.
3.1. Definition of Products
SAKA SPIRITS mainly offers on the Website, arranged rum packaged in bottles, as well as various accessories. The Products offered by SAKA SPIRITS are the subject of a specific presentation and description on the Website.
3.2. Product Prices
The Products are offered at the prices displayed on the Website on the day the order is confirmed by the Customer. Prices are in euros, inclusive of all taxes, including VAT, excluding [processing and] delivery costs where applicable or any other additional costs, as specified on the summary page of the Customer's order. Any change in the VAT rate may be reflected in the price of the Products. SAKA SPIRITS reserves the right to modify the prices displayed on the Website at any time.
3.3. Product availability
The availability of a Product is mentioned on the corresponding description sheet on the Website.
4. Creation of a Customer Account
To be able to place an order for Products, the User must create an account by providing personal information (the "Customer Account"). The User who creates a Customer Account on the Website, expressly authorizes the processing of personal data concerning him within the limits of the purpose of the Website. SAKA SPIRITS uses appropriate technical security measures to protect the personal data collected and ensure confidentiality in accordance with the legal rules in force. The User is solely responsible for the confidentiality of the information provided as well as for his username and password that he provided when creating his Customer Account. He agrees to take all necessary measures to ensure the confidentiality of his username and password.
5. Registration on the canvassing opposition list telephone
SAKA SPIRITS may collect telephone data from the User. In accordance with the Consumer Code, SAKA SPIRITS informs the User that he can register at any time on the list of opposition to canvassing.
The User who wishes to order a Product on the Website must follow the following steps: (i) Select each Product as well as the desired quantity and add it to the basket; (ii) Validate the contents of the basket when all the desired Products have been selected; (iii) Identify himself by means of his Customer Account or, if the User has not done so previously, create a Customer Account; (iv) Choose the delivery method, the costs relating to each delivery method being displayed on the Website; (v) Check the details of the order and correct it if necessary; (vi) Choose the method of payment and confirm the full and unreserved acceptance of the General Conditions of Sale in force on the day of the order; (vii) Check all the information on the order summary page, before validating the payment, and thus confirm the order with payment obligation. The User is invited to carefully check, before placing an order for Products, that they correspond to his needs. SAKA SPIRITS cannot be held responsible for the Customer's failures in determining his needs or the Customer's errors in the ordering process. No request for subsequent modification of an order placed by a Customer can be taken into account by SAKA SPIRITS.
7. Financial conditions
7.1. Amount to be paid
The amount to be paid by the Customer is that appearing on the summary page of his order before he confirms his payment. It includes in particular the price in euros including all taxes of the Products ordered, the costs [of processing and] delivery of the order, [the possible cost of optional insurance], as well as any other additional costs duly specified. The amount to be paid relating to a given order is due in full when the Customer validates his order. It is payable in euros.
SAKA SPIRITS - General conditions of sale on the Internet
7.2. Payment terms
Payment of the price of the Products is made, at the Customer's choice, by credit card (Visa, Mastercard, Carte Bleue) or bank transfer. In order to avoid any risk of fraudulent payment, SAKA SPIRITS reserves the right to ask the Customer for any document proving his identity.
7.3. Securing transactions
In order to protect sensitive data related to means of payment, the Website is subject to an SSL exchange security protocol ("Secure Socket Layer"). SAKA SPIRITS uses the secure payment service [●] of the company [●], [Group subsidiary ●]. SAKA SPIRITS does not have access to sensitive data related to the means of payment provided by the Customer.
8. Order processing
After payment by the Customer, he will receive an email as soon as possible confirming the validation of his payment and the registration of his order and recalling the details of his order. This email will include a standard withdrawal form such as the one in Annex 1. The order is not considered final until the date of this email. The Customer will also be informed by email of the shipment of the Products ordered. The Customer has the possibility to follow the progress of his order by means of his Customer Account. Unless proven otherwise, the data recorded in the SAKA SPIRITS computer system constitutes proof of all the transactions concluded with the Customer. For a payment made by bank card, the data recorded by the payment system constitute proof of the financial transactions concluded with the Client.
Cancellation or refusal of an order by SAKA SPIRITS SAKA SPIRITS reserves the right to refuse or cancel a Customer's order for any legitimate reason, in particular in the event of incorrect entry of payment data, rejection of the payment method used or non-receipt by SAKA SPIRITS within the required timeframe, additional information requested to validate the Customer's payment. The Customer will have to bear all the possible costs necessary for the resolution of the problem, in particular in the event of refusal of payment of his banking establishment.
9.1. Terms of delivery
SAKA SPIRITS delivers the Products in mainland France. The shipment of the Products can only take place after validation by SAKA SPIRITS of the payment of the total amount of the order. The Customer will have to bear any reshipment cost linked to an error on his part in the delivery address provided. If the recipient is absent during delivery, the carrier will leave a calling card at the delivery address provided by the Customer. The Customer will then have to arrange a new meeting with the carrier or collect the Products, at the address and according to the terms indicated by the carrier. In the event that the Customer does not withdraw within the period communicated by the carrier, the Products will be returned to SAKA SPIRITS, which reserves the right to reimburse the Customer for the [processing and] delivery costs. Any request from the Customer for the reshipment of the Products will be the sole responsibility of the latter.
9.2. Delivery delay
The delivery time is indicated on the description of each Product. This is an estimated average time corresponding to delivery in mainland France. This period starts from the validation of the order by SAKA SPIRITS as referred to in Article 8. If the deadline communicated to the Customer is exceeded, SAKA SPIRITS undertakes to inform the latter as soon as possible by mail electronic. The Customer may claim reimbursement of sums paid for his order only under the following cumulative conditions:
(i) SAKA SPIRITS has not respected the deadline referred to above; and
(ii) The Customer, by registered letter with acknowledgment of receipt or any other durable medium, unsuccessfully instructed SAKA SPIRITS to deliver the Product ordered within a reasonable additional time. If necessary, the Customer may terminate the Contract with SAKA SPIRITS, by registered letter with acknowledgment of receipt or any other durable medium. Unless this has been done before receipt of the letter of denunciation, SAKA SPIRITS will reimburse all sums paid by the Customer for the order in question, no later than fourteen (14) days following the date of receipt. of the Client's denunciation letter. In any event, SAKA SPIRITS cannot be held responsible for non-compliance with delivery deadlines due to a case of force majeure.
9.3. Participation in [processing and] delivery costs
[A contribution to the cost of processing the order may be payable by the Customer for each order.] Delivery costs vary according to the weight of the Products to be delivered and the place of delivery. These costs are indicated on the Website when the Customer chooses the delivery method. The participation in the [processing and] delivery costs due by the Customer is indicated on the summary page of the order before validation of the payment by the Customer.
9.4. Transport risks
The risks of loss and damage to the Products are transferred to the Customer when the latter, or a third party designated by him, takes physical possession of them. It is up to the Customer, or the third party designated by him, to check the condition and content of the packages received in the presence of the carrier. In the event of damage noted on the package or the Products, and in order to preserve SAKA SPIRITS 'rights with regard to the carrier, the Customer must refuse the package indicating "Refused: Damaged Product" on the delivery receipt. If the Customer nevertheless accepts the package, he must issue, on the delivery receipt, all the necessary reservations indicating the damage observed on the Products. The Customer must inform SAKA SPIRITS as soon as possible by e-mail to the address: [●]. Any package accepted by the Customer without reservation issued on the carrier's delivery receipt will be deemed to have been delivered in good condition and in its entirety, without prejudice to the legal guarantees referred to in Article 11 from which the Customer benefits.
10. Right of withdrawal
The stipulations of this Article 10 are exclusively reserved for the Consumer Customer.
10.1. Methods of exercising the right of withdrawal
In accordance with the provisions of the Consumer Code, the Consumer Customer benefits from a right of withdrawal, under which he can decide to waive his commitment to purchase Products, without having to justify reasons or pay a penalty, exchange or refund purposes. The Consumer Customer must exercise his right of withdrawal within fourteen (14) calendar days of the date of receipt of the Product by himself or the third party designated by him. In the case of an order comprising several Products delivered separately, the period starts from the day of receipt, by the Consumer Customer or the designated third party, of the last Product of the order. Before the expiry of this period, the Consumer Client must inform SAKA SPIRITS of his intention to exercise his right of withdrawal: (i) either by the withdrawal form, available in Annex 1 and sent to the Consumer Client in the email confirming the registration of the order, (ii) or by an unambiguous declaration by which the Consumer Customer indicates that he is exercising his right of withdrawal. The withdrawal form or the Consumer Client's declaration, as the case may be, must be sent to SAKA SPIRITS, (i) either to the electronic address: [●], (ii) or by post to the address appearing at l 'Article 1 hereof. SAKA SPIRITS will acknowledge receipt of the Consumer Customer's request.
10.2. Terms and conditions for returning Products within the framework of the exercise the right of withdrawal
The Consumer Customer who has exercised his right of withdrawal as referred to in Article 10.1 must return the Product (s), at the latest within fourteen (14) days following the communication of his decision to withdraw, to SAKA SPIRITS at the address appearing in Article 1 hereof.
SAKA SPIRITS - General conditions of sale on the Internet
The Product being returned must be returned in its original packaging, in new and unsealed condition, and in perfect condition for resale, in its entirety (packaging, accessories, instructions, etc.) and accompanied by the invoice. The costs of returning the Products are the sole responsibility of the Consumer Customer.
10.3. Exchange or refund
As part of the exercise of his right of withdrawal as referred to in Article 10.1, the Consumer Customer may, at their option, request (i) the replacement of the Product or (ii) the reimbursement of the sums paid. In the event of a refund request, SAKA SPIRITS reimburses the Consumer Customer the sums paid by the latter when ordering, including in particular delivery costs, excluding any additional costs linked to the choice of a mode. more expensive than the standard delivery method offered by SAKA SPIRITS. The costs related to the return of the Product remain the responsibility of the Consumer Customer. In the event that the right of withdrawal is exercised on only part of the Products received, delivery costs are reimbursed in proportion to the weight of the Products returned. If the delivery costs have been calculated as a lump sum, they are not reimbursed to the Consumer Customer. The refund will be made as soon as possible and at the latest on the date of receipt by SAKA SPIRITS of the returned Product or of receipt by SAKA SPIRITS of proof of shipment of the Product by the Consumer Customer, the date selected being that of the first of these facts. SAKA SPIRITS will reimburse using the same means of payment as that used by the Consumer Customer for the initial transaction, except other means of payment expressly agreed between the parties.
11. Legal guarantees
The main provisions relating to legal guarantees are reproduced in Appendix 2.
11.1. Legal guarantee of conformity
All Customers benefit from the legal guarantee of conformity under articles 1604 et seq. Of the Civil Code and, for all Consumer Customers, articles L 217-4 to L 217-13 of the Consumer Code. When acting as a legal guarantee of conformity, the Customer: (i) Benefit from a period of two (2) years from receipt of the Product; (ii) Can choose between repair or replacement of the Product, subject to the disproportionate cost of the solution chosen by the Customer; (iii) Is exempt from providing proof of the existence of the lack of conformity of the Product during the twenty-four (24) months following receipt of the Product, or six (6) months for a second-hand product. The legal guarantee of conformity applies, for the Customer, regardless of any commercial guarantee consented. The Customer may decide to implement the guarantee against hidden defects of the Product sold provided for in Article 1641 of the Civil Code. When repair and replacement are impossible, SAKA SPIRITS proceeds, at the Customer's choice, (i) either to refund the price paid by the Customer against return of the Product, (ii) or to a reduction in the price paid and retention of the Product by the customer. In any event, only a price reduction can be offered to the Customer if the lack of conformity is minor. The exercise of this right by the Customer takes place at no cost to the latter, according to the terms of return of Products described in Article 11.3.
11.2. Guarantee of hidden defects
In accordance with articles 1641 to 1649 of the Civil Code, any Customer benefits, for Products purchased from SAKA SPIRITS, from a warranty action against hidden defects, which can be exercised within two (2) years following the date where the Customer became aware of the defect. Under this guarantee, SAKA SPIRITS will, at the Customer's choice, (i) either reimburse the price paid by the Customer against return of the Product, (ii) or reduce the price paid and retain the Product by the Customer.
11.3. Terms and conditions for returning Products within the framework of the exercise a legal guarantee
The Customer wishing to return a Product, within the framework of the exercise of a legal guarantee, must first inform SAKA SPIRITS (i) by e-mail to: [●], or (ii) by post to the address shown in Article 1 hereof. SAKA SPIRITS will acknowledge receipt of the Customer's request and provide him with the necessary instructions for returning the Product. Reimbursement of Products deemed non-compliant or defective will be made as soon as possible. Return costs will be reimbursed upon presentation of supporting documents.
12. Information technology and freedoms
In accordance with the law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms, as amended, SAKA SPIRITS implements the processing of personal data whose sole purpose is the management of orders for Products. The information requested from the Customer is necessary for processing orders, which the Customer recognizes and accepts. expressly.
13. Intellectual property
The intellectual property rights attached to the Products and to the Website, including in particular trademarks, drawings, plans, models and patents, are the exclusive property of SAKA SPIRITS or its partners. No user license is granted to the Customer under these General Conditions of Sale.
14. General provisions
14.1. Partial non-validity
The nullity of a contractual clause does not entail the nullity of the General Conditions of Sale, with the exception of that of an impulsive and decisive clause having led one of the parties to contract.
14.2. Modification of the General Conditions of Sale
SAKA SPIRITS reserves the right to modify the General Conditions of Sale at any time. Consequently, the applicable General Conditions of Sale are those in force on the date of the order by the Customer.
14.3. Mediation - Applicable law - Jurisdiction
The General Conditions of Sale are subject to French law. For any dispute related to the conclusion or performance of the Contract, the Customer must, prior to any other action, contact SAKA SPIRITS in order to seek an amicable solution. The Customer may send a written complaint (i) by email to: [●], or (ii) by post to the address in Article 1 hereof. In the absence of an amicable solution, the Consumer Client is informed that he may, under the Consumer Code, resort to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, whose contact details are given below, or to any alternative dispute resolution method in the event of a dispute. [Mediation-Pro 60 Bis Rue Aristide Briand - 44 400 REZE 06.50.30.59.66 http://mediation-negociation.fr] In accordance with article 14 of Regulation (EU) n ° 524/2013 of the European Parliament and of the Council of May 21, 2013 relating to the online settlement of consumer disputes and amending Regulation (EEC) n ° 2006/2004 and the directive n ° 2009/22 / CE, said Consumer Client is also informed of the existence of an online dispute resolution platform (“RLL”) between consumers and professionals accessible at the following address: http: // ec. europa.eu/odr. Without prejudice to the foregoing, any dispute that may arise regarding the formation, execution or interpretation of this Contract will be submitted to the courts under the conditions of common law.
SAKA SPIRITS - General conditions of sale on the Internet
Model withdrawal form referred to in Article 10.1
(This form must be completed and returned only if the Customer wishes to withdraw from the order placed) To the attention of : SAKA SPIRITS 29 rue de Briord 44710 Port-Saint-Père email@example.com I hereby notify you of my withdrawal from the contract for the sale of the products below: - Order from (Date) / Received on (Date) - Order number: ............................................ ............... - Client name : ............................................. .............................. - Customer's address: ............................................. .......................... Signature of the Client (only if this form is notified on paper):
Provisions relating to legal guarantees Article L217-4 of the Consumer Code
The seller delivers goods that comply with the contract and is liable for any defects in conformity existing at the time of issue. It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility.
Article L217-5 of the Consumer Code
The good complies 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 is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L217-12 of the Consumer Code
The action resulting from the lack of conformity lapses two years after delivery of the goods.
Article L217-16 of the Consumer Code
When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a repair covered by the guarantee, any period of immobilization of 'at least seven days is added to the remaining warranty period. This period runs from the buyer's request for intervention or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.
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 to such an extent that the buyer has not acquired it, or has not acquired it. would have given a lower price, if he had known them.
Article 1648 paragraph 1 of the Civil Code
The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.