Article 1 – GENERAL PROVISIONS – SCOPE
1.1 These General Conditions of Sale (“GTC”) determine the rights and obligations of the parties in connection with the online sale of Products offered by 80 Proof. LTD.
1.2 Any order placed on the website belonging to 80 Proof. LTD. assumes the prior and unrestricted acceptance of these General Conditions of Sale, which are subject to French law. These terms and conditions are therefore an integral part of the Contract between the Client and the Company. They are fully enforceable against the Customer who declares to have read and accepted them, without restriction or reservation, before placing the Order.
1.3 This GTC applies to any Order placed by a major natural person acting as a consumer. The Customer therefore certifies that it is a natural person of more than 18 years of age, acting for purposes that do not fall within the scope of its commercial, industrial, artisanal, liberal or agricultural activity. He acknowledges that he has the full capacity to commit himself when he places Order and undertakes to provide truthful elements as to his identity.
1.4 EXCLUSION: Persons acting as professionals, i.e. natural or legal persons, public or private, are expressly excluded from the scope of these General Terms of Reference, which act for purposes falling within the scope of their commercial, industrial or craft activity; whether they act on behalf of or on behalf of another professional.
Professionals who wish to place an Order with the Company are invited to contact us directly.
1.5 The Terms and Conditions applicable to each Order are those in effect on the date of payment or first payment in the case of multiple payments) of the order. The Company reserves the right to modify them at any time, by publishing a new version on its website.
Article 2 – CONCLUSION OF THE ONLINE CONTRACT
2.1. Ordering Process To purchase one or more Products on the site, the Customer selects each Product and adds it to its cart. Once its selection is complete, it must confirm its shopping cart to move to the Order (1st click)
At this stage, the Customer is redirected to a page containing:
A summary of the selected Products, the corresponding prices, delivery terms and costs. It is then up to him to check and possibly correct the contents of his basket.
The present GTC. It is up to him to read them carefully before validating the entire Order. This validation of the Order after checking the shopping cart and reading the GTC (2nd click) is equivalent to concluding the Agreement and the Customer acknowledges that the 2nd click results in a payment obligation on its part. The Customer is then redirected to the payment page. He can choose between the different methods of payment proposed and proceeds to the payment of his Order.
After validating its Order and making its payment, the Customer receives a confirmation message from the Company on the email address it has communicated. This message contains:
The summary of his order (Selected product, price);
A link to access the present GTC;
The invoice relating to his order with the number of the Order; If the confirmation of the Order is not received, it is recommended that the Customer contact the Company via the contact form on the website. The Customer then receives a purchase invoice in electronic form, which the Customer expressly accepts.
The Customer is strongly advised to keep this confirmation message and the purchase invoice which is also sent to it in electronic format since these documents can be produced as proof of the Contract.
2.2 Refusal of validation of the Order by the Company
The Company reserves the right to refuse your Order for any legitimate reason, including for example:
Order not compliant with the GTC;
Quantities ordered not corresponding to a normal use by a consumer Customer;
Non-payment of a previous Order or ongoing dispute concerning a previous Order;
Suspicion of fraud on the Order (supported by a cluster of consistent indices).
Article 3 - PRODUCT SPECIFICATIONS AND AVAILABILITY
Specifications The essential characteristics of the goods and their respective prices are made available to the customer on the company’s websites, information on the use of the product.
While the company reasonably ensures that the specifications are accurate, the specifications, subject to certain exceptions, such as tariff information, are provided by the company’s suppliers. Accordingly, the Company disclaims any liability for any errors that may be contained in the Specifications.
The Specifications are presented in detail and in French. The Parties agree that the illustrations, videos or photos of the Products offered for sale have no contractual value. The period of validity of the Products' oﬀre and their prices are specified on the Company’s websites.
3.2 Availability of Products Product offers are valid within the limits of stocks available from our suppliers. This availability of the Products is normally indicated on the specific page of the Product.
However, to the extent that the Company does not make stock reservations (except in special cases of Products indicated in pre-order on the Product sheet), the placing in the basket of a Product does not necessarily guarantee the availability of the Product and its price.
In the event that a Product becomes unavailable after the validation of the Customer’s Order, the Company will inform it immediately by email. The Order will be automatically cancelled and the Company will refund the price of the Product originally ordered, as well as any amount paid under the Order.
However, if the Order contains other Products than that which has become unavailable, these will be delivered to the Customer and delivery costs will not be refunded.
Article 4 – PRICE OF PRODUCTS
4.1 Reference price indicated on the sites
The reference price of the Products proposed on the site is the price advised by the brand, the manufacturer or its official representative. Failing this, it is a price determined according to the prices at which the Product is commonly sold in a panel of banners distributing it. This price shall be updated as soon as the brand, the manufacturer or its official representative communicates a new recommended price for the Product or as soon as the price charged within the panel of banners is modified.
4.2 Modification of prices indicated on the sites
The prices of the Products are indicated on the pages of Product descriptions. They are shown excluding tax, customs duties and postage. The Company reserves the right to modify the prices of the Products at any time, in compliance with the applicable legislation.
The Products ordered will be invoiced on the basis of the price in force on the site at the time of validation of the Order.
4.3 Product prices
As many Products are imported from abroad (outside the European Union) on request of Customers, the prices of Products sold through the websites are indicated in Euros excluding taxes (excluding VAT and customs duties) unless otherwise stated. They are precisely determined on the product description pages. They are also indicated in Euros excluding tax (excluding VAT and customs duties), unless otherwise indicated, on the Order page of the products, and excluding specific shipping costs.
The prices of the Products do not include import VAT, import taxes or customs duties, which must be paid in addition and will be entirely at the expense of the Final Customer in his capacity as importer, who is liable to these taxes as the recipient of the Product.
The prices of the Product(s) do not include the costs of packaging, packaging, shipping, transport, insurance and delivery of the Product(s) to the delivery address.
4.4 Payment of taxes
The Customer is solely responsible for the process of declaration and payment of VAT on importation or any customs duties upon customs clearance of the Product. It may be asked to pay VAT and customs import duties. To the extent that such taxes are not within the jurisdiction of the Corporation, the Corporation shall not be required to refund such taxes.
For all products shipped outside the European Union and/or DOM-TOM, the price is calculated without taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. The Company has no control over these rights and monies that will be borne by the end customer as an importer.
The fees will be borne by the Client and are his responsibility (declarations, payment to the competent authorities, etc.). In this regard, the Company invites the Client to obtain information on these aspects from the corresponding local authorities.
Article 5 – PAYMENT OF THE PRICE OF THE PRODUCTS
5.1 Time of payment
The payment of the entire price of the Order must be made immediately after the validation of the Order.
The Company may, on an exceptional basis, grant a payment in several instalments, in particular with regard to the amount to be settled and its knowledge of the Client concerned. However, the Corporation has no obligation to grant such terms of payment. In the event of a particular situation, the Customer may request it by contacting the Company’s Customer Service Department.
5.2 Methods of Payment To pay for an Order, the Customer may choose between different methods of payment:
Payment by credit card:
Only credit cards attached to a bank in France or international bank cards (Visa, Mastercard, American Express and Maestro) are accepted. The Customer warrants the Company that it has the necessary authorizations to pay with the bank card used. It expressly acknowledges that the payment commitment given by card is irrevocable and that the communication of its bank card number is equivalent to the debit authorization of its account up to the total amount corresponding to the Products ordered. The amount will be debited at the time of validation of the Order.
Payments by credit card are made via a secure payment platform and the information on the credit cards communicated benefit from the SSL encryption process.
Payment via Paypal
Payment by Paypal is accepted up to a limit of €1,000.
Payment by purchase order and/or promotional codes Purchase orders and/or promotional codes issued by the Company may be used to pay all or part of the Order. These vouchers and/or promotional codes are only valid once. In the event of an attempt to fraudulently use vouchers and/or promotional codes, the Company may cancel the Order outright.
In general, in the event of refusal of authorization for payment by officially accredited bodies or in the event of non-payment of the Order, the Company reserves the right to suspend and/or cancel the said Order.
The Company reserves the right to suspend at any time any method of payment, particularly in the event that a payment service provider no longer offers the service used or in the case of a dispute with a Customer concerning a previous Order.
The Company reserves the right to set up an Order Verification procedure to ensure that no person uses another person’s bank details without their knowledge. As part of this verification, the Customer may be asked to send a copy of a piece of identification, proof of address and a copy of the bank card used for payment by email or mail to the Company. Precise information on the exact content of the requested information (to preserve the confidentiality of its data) will be communicated to the Client in case of verification. The order will only be validated after receipt and verification of the sent documents.
Article 6 - DELIVERY – RECEPTION
6.1 Delivery Before the validation of the Order, the Company communicates to the Customer information concerning the different delivery methods and their respective rates. Following the Customer’s choice of method of delivery, the Company shall provide the Customer with an estimate of the delivery time.
The Company will make every effort to ensure that the Product(s) is delivered on or before the scheduled delivery date. In case of difficulty, the Company undertakes to communicate promptly with the Client to inform him of this and to seek an adequate solution with him.
Air transport, shipping and/or delivery of the Product(s) will be fully covered by the Customer ("Delivery Costs"). These delivery costs are included in the final price invoiced to the Customer during the Order. However, any customs charges are not included in the price charged to the Customer by the Company.
Depending on the modalities chosen by the Customer, delivery will be made either to the address indicated by the Customer or, if applicable, to a relay point chosen by the Customer from the list of available points. It is therefore the responsibility of the Customer to check the indications communicated for the delivery since it remains solely responsible in the event of delivery failure due to incomplete or erroneous information.
6.2 Customs Clearance
Upon purchase, the Customer purchases the duty-free product and becomes an importer of the purchased product as the final recipient of the Product.
He is therefore in particular responsible for the import and clearance processes of the product at the local customs offices. Depending on the price of his order, he may be asked to pay customs duties (for Products with a customs value greater than €150).
The Customer is solely responsible for the customs declaration process when the Product is released. These customs duties, which are not invoiced to the Customer by the Company, are not under the jurisdiction of the Company. The latter will therefore not be required to repay these duties.
Upon receipt of the Product, the Customer undertakes to verify that the Product is complete and that it is not damaged.
In the event of an anomaly, the Customer must contact the Company’s Customer Service within three days (excluding public holidays) following the date of receipt of the Product. Any claim filed after the deadline cannot be processed.
Article 7 – RETRACTATION
7.1 Principle and deadline
The Customer has the right to withdraw, without giving a reason, within fourteen (14) calendar days from the date of receipt of its Order. In the case of an Order for several Products, the period shall run from the receipt of the last Product.
In the event of exercise of the right of withdrawal within the aforementioned period, the price of the purchased Product or Products and the shipping costs will be reimbursed, the return costs remaining at the expense of the Customer.
In accordance with the provisions of articles L. 221-18 to L. 221-28 of the French Consumer Code, this right of withdrawal cannot be exercised for the following contracts:
Supply of goods or services whose price depends on fluctuations in the financial market that are beyond the control of the professional and that may occur during the withdrawal period;
Supply of goods made according to the specifications of the consumer or clearly personalized;
Supply of goods likely to deteriorate or expire quickly;
Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
Supply of goods which, after having been delivered and by their nature, are indissociably mixed with other articles;
Supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
Maintenance or repair work to be carried out in emergency at the consumer’s home and expressly requested by the consumer, within the limits of the spare parts and works strictly necessary to respond to the emergency;
Providing audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
Provision of a newspaper, periodical or magazine, except for subscription contracts to such publications;
Concluded at a public auction;
7.3 Methods of exercising the right of withdrawal In order
to exercise its right of withdrawal, the Client must inform the Company of its intention to withdraw either by filling in the standard form a template of which appears belowafter, or by sending a unambiguous statement and expressing its intention to withdraw within the 14-day period mentioned above.
The Customer has a period of 14 days from the notification of its withdrawal to return the Product to the Company in its original packaging, the return fee being the exclusive responsibility of the Customer.
The Products must be returned in their original and complete condition (packaging, accessories, package leaflet, etc.) in order to allow a sale by the Company. In the event of receipt of Products that are open, used, incomplete, damaged or soiled, the Company shall not make any refund and may, if it deems it necessary and appropriate, incur the Customer’s liability for the impairment of the Product.
In the event of the return of the Product under the conditions laid down by law and the present CGV, the Company will reimburse all sums paid by the Customer, including delivery costs, within 14 days of notification of withdrawal, unless the Product is returned after. In this case, the Company will not proceed with the refund until after receipt and verification of the status of the Returned Product.
This refund will be made using the same method of payment as that used by the Customer to pay the Order, unless expressly agreed by the Customer for another method of payment. In case of payment by gift voucher/promotional code, the Customer will be refunded either by sending new gift vouchers/promotional codes for an amount identical to that paid in this form.
Article 8 – WARRANTIES 8.1 Legal warranties
The Company remains liable for defects in conformity with the provisions of Articles L.217-4 and following of the Consumer Code as well as hidden defects of the object sold in accordance with Articles 1641 and following of the Civil Code.
When acting within the framework of the legal guarantee of compliance (as provided by
Articles L.217-4 and following of the Consumer Code), the Consumer Customer:
Has a period of 2 years from issue to act
May choose between repair or replacement of the Product, subject to the cost conditions laid down in article L.217-9 of the French Consumer Code Is exempt from reporting evidence of non-compliance within 24 months of the issuance of the good if the Product is new, and during the 6 months following issue if the Product is sold as a second-hand product.
The Customer may also decide to act within the framework of the legal guarantee against hidden defects within the meaning of Article 1641 of the Civil Code, the Customer may choose between the resolution of the sale or a reduction of the price, in accordance with Article 1644 of the Civil Code.
These legal guarantees apply regardless of any contractual guarantee.
Reproduction of the applicable texts
L.217-4 Code of Consumption The seller delivers a good in accordance with the contract and is responsible for any defects of conformity existing at the time of issue. He shall also be liable for any defects of conformity resulting from the packaging, the assembly instructions or the installation where the latter has been made
responsible for it by the contract or carried out under his responsibility.”
L.217-5 Consumer Code "The property conforms to the contract:
1° If it is suitable for the usual use expected of a similar property and, if applicable:
- if it corresponds to the description given by the seller and possesses the qualities that the presented to the purchaser as a sample or model;
- if it presents the qualities which a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling;
2° Or if it presents the characteristics defined by common agreement between the parties or is suitable for any special use sought by the buyer, brought to the knowledge of the seller and which the latter has accepted.”
L.217-9 Consumer Code "In the event of failure to comply, the purchaser chooses between repair and replacement of the property. However, the seller may not proceed according to the choice of the buyer if that choice entails a cost which is clearly disproportionate to the other modality, taking into account the value of the property or the extent of the default. He is then obliged to proceed, unless impossible, according to the modality not chosen by the buyer.”
L.217-12 Consumer Code “The action resulting from a failure to comply shall be prescribed within two years of the issue of the property.” 1641 of the Civil Code
The seller is bound by the warranty because of the hidden defects of the thing sold which render it unsuitable for the use for which it is intended, or which so diminish that the buyer would not have acquired it, or would have given only a lesser price, if he had known them.” 1648 of the Civil Code
The action resulting from the redhibitous defects must be brought by the purchaser within two years of the discovery of the defect. [… ] "
8.2 Manufacturer’s Warranty
Certain Products for sale on the Site are covered by a contractual guarantee granted by the supplier or manufacturer of the Product, to which the Company is not directly a party.
The existence of this type of guarantee is mentioned, where applicable, on the specific page of the Product.
If the Customer wishes to make use of this guarantee, he should inform the Company by contacting the Customer Service Department and consult the terms of application of the guarantee himself, which are generally inserted in the box concerning the Product.
It is recalled that the benefit of the Manufacturer Warranty does not prevent the application of the legal provisions concerning the legal guarantee of conformity and the legal guarantee of hidden defects.
Article 9 - PROTECTION OF PERSONAL DATA
In the context of the commercial relationship, the Company, the controller, collects a certain number of mandatory personal data (including, in particular, surname, first name, delivery address, etc. mentioned by an asterisk) which are absolutely necessary for the processing of the Order, for the management of the commercial relationship, the production of statistics and compliance with the Company’s legal and regulatory obligations. They are kept for 5 years from the end of the Contract.
Failure of the Customer to provide this information would result in the impossibility of processing its Order.
These data are intended for internal use by the Company but may be transmitted to companies that contribute to the performance of the service, including, in particular, those that supply the Products or process payments.
Regarding this personal data, the Client has several rights: Right of access to personal data concerning him; Right of rectification and deletion if the personal data are inaccurate, incomplete, equivocal, outdated or if the collection, use, communication and retention of certain data is prohibited; Right to limit the processing of data, provided that this request is duly justified and does not prevent the Company from complying with its regulatory and legal obligations;
Right to object to the processing of data (in particular in the case of processing for commercial prospecting) Right to formulate post-mortem directives on retention, the erasure and communication of your personal data
Right to withdraw consent to the performance of certain treatments (treatments performed before withdrawal of consent remain legal)
Article 10 - INTELLECTUAL PROPERTY RIGHTS
Unless specifically stated otherwise on the page of a Product, sales of Products on the site do not result in any transfer of intellectual property on the Products sold.
Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the Company or their original owner. No transfer of intellectual property rights is carried out through the present CGV.
Article 11 - FORCE MAJEURE
The Company shall not be held liable for any non-performance of its obligations hereunder in the event of the occurrence of a fortuitous event or force majeure which would prevent its execution. The Company will notify the client of the occurrence of such an event as soon as possible.
Article 12 – EXCLUSION OF LIABILITY
Notwithstanding any provision to the contrary set out herein, the Company shall not be liable in any event for loss or damage due to improper use of the Product(s) by the Customer, including in particular a modification or alteration of the Product(s) not authorised by the Company.
Article 13 – SUSPENSION – TERMINATION OF ACCOUNT
The Company reserves the right to suspend or terminate the account of a Client who contravenes the provisions of the GTC, or generally the applicable legal provisions, without prejudice to any damages that may be sought by the Corporation.
Any person whose account has been suspended or closed may not subsequently order or create a new account on the Site, without the prior authorisation of the Company.
Article 14 – ARCHIVING – PROOF
In the absence of proof to the contrary, the information recorded by the Company constitutes proof of all transactions.
During each Order, the Order summary is sent by email to the Customer and archived on the Company’s website.
The archiving of communications between the Company and the Client is carried out on computerized registers that are kept for 5 years under reasonable security conditions. These records, on which exchanges on a reliable and durable medium are recorded, are considered as proof of communications, orders, payments and transactions between the Client and the Company. They may be produced as proof of the Contract.
Archiving of communications, order details, as well as invoices are processed on a reliable and durable medium in such a way as to constitute a faithful and durable copy in accordance with the provisions of Article 1360 of the Civil Code. This information may be produced as proof of the contract.
The Client will have access to the archived items on simple request thanks to the contact form
Article 15 - NULLITY AND MODIFICATION OF GTC
If any of the stipulations of these GTC are null, it will be deemed not written, but will not lead to the nullity of all contractual provisions.
Any tolerance on the part of the Company, in the application of all or part of the commitments made in the framework of these GTC, whatever the frequency and duration may have been, cannot be considered as modification of the GTC, or generate any right for the Customer.