Terms of sale
ARTICLE 1 - Scope of application
These GENERAL TERMS AND CONDITIONS OF SALE apply, without restriction or reservation, to all sales concluded by CAMUS LA GRANDE MARQUE SAS ("the Seller") with Customers fulfilling the conditions below, wishing to purchase the products offered for sale by the Seller ("the Products") on the Website whose address is: https://shop.lambaywhiskey.com/ (the "Website").
The Website is operated by the company Lambay Irish Whiskey DAC (“LIWC” or “We”) whose companies’ information and details are indicated in the Website’s TERMS & CONDITIONS.
The Customer declares to be a consumer within the meaning of French law. Consequently, the Customer certifies that he or she is purchasing (a) Product(s) for his or her personal needs, without intention of reselling it or them for commercial purposes, and without any connection with a commercial, industrial, craft, liberal or agricultural activity. Furthermore, the Customer acknowledges having full legal capacity required to contract a purchase on the Website and the commitments of the present GENERAL TERMS AND CONDITIONS OF SALE. In this respect, he or she certifies in particular that he or she is of the minimum legal age required to purchase and consume alcoholic beverages.
These GENERAL TERMS AND CONDITIONS OF SALE specify in particular the conditions of order, payment, delivery and management of any returns of Products ordered by Customers.
They may be supplemented by special conditions, set out on the Website, prior to any transaction with the Customer.
These GENERAL TERMS AND CONDITIONS OF SALE apply to the exclusion of any other conditions, and in particular those applicable to sales in shops or through other distribution and marketing channels.
They exclusively govern sales contracts of the Products to Customers on the Website and, together with the online order confirmed by the Seller, constitute the contractual documents enforceable against the parties, to the exclusion of any other documents.
No particular condition may, without formal and written acceptance by the Seller, prevail over these present conditions. Any contrary condition opposed by the Customer shall therefore, in the absence of express written acceptance by the Seller, be unenforceable against the Seller.
They are accessible at any time on the Website's online shop and shall prevail, where applicable, over any other version or any other document to the contrary. They may be saved by computer recording and/or by printing by the Customer. They may be reproduced by means of printing by the Customer.
As these GENERAL TERMS AND CONDITIONS OF SALE may be subject to subsequent modifications, the version applicable to the Customer's purchase is that in force on the Website on the date the order is placed. It is the Customer's responsibility to systematically check the applicable GENERAL TERMS AND CONDITIONS OF SALE with each purchase.
Changes to these GENERAL TERMS AND CONDITIONS OF SALE are binding on the users of the Website from the date they are put online and cannot apply to transactions concluded previously.
The fact that the Seller abstains from requesting application of any provision whatsoever of these GENERAL TERMS AND CONDITIONS OF SALE, shall not be considered as a renunciation to request such application later on.
ARTICLE 2 - Products offered for sale
The Products offered for sale are those appearing on the Website at the time of its consultation by the Customer. They are described and presented with their main characteristics and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, which it is up to the Customer to consult carefully in order to choose the Product(s) corresponding to the criteria he is looking for. The Customer is responsible for his choice.
The Customer has to read such main characteristics before placing an order.
The choice and purchase of a Product is the sole responsibility of the Customer.
The photographs and graphics presented on the Website are not contractual and shall not engage the Seller's liability.
The Customer must refer to the description of each Product in order to know its properties, essential characteristics and delivery times.
The contractual information is presented in French or English (depending on the French or English version of the Website selected by the Customer), and is subject to confirmation at the latest at the time of validation of the order by the Customer.
The Products presented on the Website are offered for sale for the following territories: worldwide excluding the American continent.
In the event of an order to be delivered to a country other than metropolitan France, the Customer is the importer of the Product(s) concerned.
ARTICLE 3 - Period of validity of the Product offer
The Products offered for sale on the Website are subject to availability of stocks, as specified when placing an order.
Nevertheless, in the event of unavailability of a Product ordered, the Customer will be informed by e-mail or telephone as soon as possible. The Customer shall obtain from the Seller, to the exclusion of any other compensation or damages, either an extension of the delivery period, or the possibility of ordering another Product presented on the Website as a replacement, or cancel the order subject to reimbursement of sums already paid by the Customer.
The Seller shall not incur any liability in the event of stock shortages or temporary or permanent unavailability of the Products.
The Seller reserves the right to change the Products offered on the Web Site at any time and without notice.
ARTICLE 4 - Seller's contact details
CAMUS LA GRANDE MARQUE SAS (Simplified joint stock company)
With a capital of 25,073,790 Euros
Registered office located at: 29 rue Marguerite de Navarre 16100 Cognac - France
Registered with the Angoulême (France) Register of Companies under the number 905 420 014
VAT Number: FR 94 905 420 014
E-mail : firstname.lastname@example.org
Tel. : +33 (0)5 45 32 28 28
Fax: +33 (0)5 45 80 59 65
ARTICLE 5 - Orders
5-1. Placing the order
It is up to the Customer to select on the Website the Products he wishes to order, according to the following terms and conditions:
The Customer selects chosen Product(s) and adds it (them) to his dematerialized "basket".
He selects desired quantity and can add Products to his selection by clicking on "Add to basket", and chooses to end his purchases or to continue his browsing.
The Customer can consult his selection by clicking on "Your basket" in the menu at the top right where the following will appear: photo(s) of the Product(s), quantity(ies) chosen, its (their) unit price(s) and sub-total of the selection. The Customer will also be able to choose the country of delivery and delivery method, which will calculate amount of delivery charges and therefore total amount that the Customer will pay. The zone and the delivery costs can however be modified afterwards if the Customer so wishes, the total amount will be updated accordingly according to these choices.
For any Products order on the Website, the Customer has the possibility to check details of his order, its total price and to correct any errors before confirming its acceptance. It is the Customer's responsibility to check the accuracy of the order and to report or correct any error immediately.
Registration of an order on the Website is carried out when the Customer accepts the present GENERAL TERMS AND CONDITIONS OF SALE by ticking the box provided for this purpose and validates his order. This validation implies the acceptance of all the present GENERAL TERMS AND CONDITIONS OF SALE as well as the general terms and conditions of use of the Website.
The sale is only definitive after the Customer has received confirmation of acceptance of the order by the Seller by e-mail, which must be sent without delay and after the Seller has received the full price or after the Seller has received the full deposit due, as the case may be.
Any order placed, validated by the Customer and confirmed by the Seller, under the conditions and according to the terms and conditions described above, on the Website constitutes the formation of a contract distance concluded between the Customer and the Seller.
In the absence of proof to the contrary, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
The Customer will be able to follow progress of his order on the Website.
The Customer may print out the invoice for the order, which will be available online from its customer account.
5-2. Order limitation
The Seller reserves the right, without being held liable:
(a) to cancel or refuse any order from a Customer with whom there is a dispute concerning the payment of a previous order,
(b) to refuse any order when it is of an abnormal nature, such as orders in large quantities and/or of an unusual amount for a consumer, or for any other legitimate reason,
(c) not to comply, for legitimate reasons, with a request to produce personalized Products on the basis of an estimate.
5-3. Modification of the order
Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be modified.
5-4. Cancellation of the order
Once confirmed and accepted by the Seller, under the conditions described above, the order may not be cancelled, except in the case of exercise of the right of withdrawal or in case of force majeure event.
5-5. Archiving of the order
Pursuant to Article L213-1 of the French Consumer Code, when an order is for an amount equal to or greater than 120 Euros, the Seller shall keep the written record of the contract concluded between the Seller and a Customer by electronic means for a period running from the conclusion of the contract until the date of delivery of the Products and for a period of ten years from such delivery date (Articles D 213-1 and D213-2 of the French Consumer Code). The Customer has access to this document at any time upon request to the Seller.
ARTICLE 6 - Tariffs
Prices of the Products offered on the Website
The Products are supplied at the prices in force as shown on the Website, at the time the order is recorded by the Seller.
The prices take into account any discounts that may be granted by the Seller on the Website.
The prices are firm and non-revisable during their period of validity, as indicated on the Website, the Seller reserving the right, outside this period of validity, to modify the prices at any time.
Prices are expressed in Euros and include all taxes.
The prices do not include processing, shipping, transport and delivery costs, which are invoiced to the Customer in addition, under the conditions indicated on the Website and calculated prior to placing an order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
In addition, any bank charges as well as any other duties and taxes that may be payable such as customs duties or other local taxes or import duties or state taxes, will be borne by the Customer and are his sole responsibility.
ARTICLE 7 - Terms of payment
The price is payable in full, in cash, on the day the order is placed by the Customer by means of secure payment, according to the following terms and conditions:
- by credit cards: Carte Bleu, Visa, MasterCard, American Express
- Amazon Pay
- Apple Pay
Payment by credit card is irrevocable, except in case of fraudulent use of the card. In this case, the Customer may request the cancellation of the payment and the return of the corresponding sums.
Payment data is exchanged in encrypted mode using SSL (Secure Socket Layer) protocol.
The credit card or PayPal account used for payment will be debited immediately after validation of the order by the Customer.
You make your purchases in complete security, the confidentiality of the banking information that you transmit via the site to an approved banking establishment is ensured in a secure environment (SSL protocol referred to above).
ARTICLE 8 - Deliveries
8-1. Delivery terms and conditions
The times and different possible shipping methods for the Products purchased and the country of delivery chosen are indicated during the order process by the Customer.
Unless a specific delivery time has been agreed between the Seller and the Customer and has been expressly confirmed by the Seller in writing, the Products will be delivered as soon as possible: on average, ten (10) working days from the confirmation of the order.
The Seller undertakes to use its best efforts to deliver the Products ordered by the Customer within the above-mentioned time limits. However, if the Products ordered have not been delivered after a period of thirty (30) days following the indicative delivery date, for any reason other than force majeure or the Customer's fault, the Customer may contact the Seller either to request a new estimated delivery date, or to request cancellation of the sale in writing under the conditions provided for in Articles L 216-2, L 216-3, L241-4 of the French Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen (14) days following the date of cancellation of the contract, excluding any compensation or deduction.
The Products ordered by the Customer will be delivered to the address indicated by the Customer when ordering on the Website.
Delivery shall consist of the transfer to the Customer of physical possession or control of the Product.
Except in special cases or the unavailability of one or more Products, the Products ordered will be delivered in a single delivery.
In the event of non-conformity of the delivered Product, the Seller - undertakes to remedy this or to reimburse the Customer, as indicated in the article - "Seller's Liability - Warranty".
The Seller shall bear the transport risks and shall be obliged to reimburse the Customer in the event of damage caused during transport.
Deliveries by an independent carrier will be made to the address specified by the Customer when placing the order and to which the carrier will have easy access.
In the event of a specific request from the Customer concerning the packaging or transport conditions of the products ordered, duly accepted in writing by the Seller, the related costs will be subject to an additional specific invoice, on the basis of an estimate previously accepted in writing by the Customer.
8-2. Shipping rates
Shipping costs shall be borne by the Customer, they are invoiced in addition to sales price and vary according to destination of delivery and the total amount of the order and the shipping method selected by the Customer.
Shipping costs are indicated to the Customer before this latter validates his/her order: during the "delivery" stage of the order process (stage preceding order payment) and reminded on the page dedicated to "payment".
8-3. Reservations by the Customer
The Customer is required to check the package received in the presence of the carrier and usefully express his reservations in writing, precisely, completely, dated and signed on the delivery slip concerning apparent defects (such as damaged or damaged Product(s), open or damaged package), losses or missing Product(s). He must then notify the carrier within three (3) days, not including public holidays, from receipt of the order, by extrajudicial act or registered letter.
At the same time, the Customer must immediately notify the Seller by e-mail of any reservations or claims relating to the Products delivered, together with all related supporting documents (in particular photos).
In the absence of these formalities, the Products shall be deemed to be free of any apparent defect and the quantity delivered shall conform to the order.
The provisions relating to the legal guarantees of conformity and hidden defects remain applicable where appropriate.
The Seller shall reimburse or replace, as soon as possible and at its own expense, Products delivered that are damaged (subject to having received the Customer's complaints within the above-mentioned deadlines and forms) or that have defects in conformity or apparent or hidden defects duly proven by the Customer, under the conditions provided for in Articles L 217-4 et seq. of the French Consumer Code and those provided for in these GENERAL TERMS AND CONDITIONS OF SALE (see guarantees, in particular).
ARTICLE 9 - Transfer of Ownership - Transfer of Risk
The transfer of ownership of the Seller's Products to the Customer shall only take place once the Customer has paid the price in full, regardless of the delivery date of the said Products.
Regardless of the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto shall only take place when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk.
ARTICLE 10 - Right of withdrawal
In accordance with the legal provisions in force, the Customer has a period of fourteen (14) days from receipt of the Product to exercise its right of withdrawal from the contract concluded with the Seller, without having to justify its reasons or pay any penalty, for the purpose of exchange or reimbursement, provided that the Products are returned in their original packaging and in perfect condition within fourteen (14) days of notification to the Seller of the Customer's decision to withdraw.
The right of withdrawal may be exercised within the aforementioned period by sending to the Seller any unambiguous statement expressing the Customer's wish to withdraw. To this end, the Customer may use the model withdrawal form attached as an annex to these GENERAL TERMS AND CONDITIONS OF SALE.
Unless otherwise indicated by the Seller, the Products must be returned to the Seller's address.
It shall be up to the Customer to prove this return. The Customer is therefore invited to return the Products by registered post, or any other means giving a definite date.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be put back on the market in new condition, accompanied by the purchase invoice.
Products that are damaged, soiled, incomplete, opened (in the case of bottles), already used are not accepted.
In the event of exercising the right of withdrawal within the aforementioned period, only the price of the Product(s) purchased and the delivery costs will be refunded; the costs and risks of return remain the responsibility of the Customer.
The Seller shall refund the sums paid for the returned Product(s) within fourteen (14) days of receipt of the items by the Seller, if the Customer chooses to return the items by post).
The refund will be made, depending on the method of payment used to purchase the items, by crediting the Customer's bank account corresponding to the bank card used for payment. In application of article L.221-24 of the French Consumer Code, any additional costs paid by the Customer and related to the choice of a specific delivery method will not be refunded.
Furthermore, in the case of a gift, the right of withdrawal remains to the exclusive benefit of the Customer and can under no circumstances be exercised by the recipient of the gift.
The right of withdrawal cannot be exercised in the cases set out in article L. 221-28 of the French Consumer Code and in particular :
- in the case of supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection ;
- in the case of personalized Products. Given their unique nature, these cannot be taken back or exchanged. The Customer must therefore pay particular attention when personalising Personalized Products.
ARTICLE 11 - Liability of the Seller - Warranties
11-1. Purpose of the guarantees
The Products sold on the Website comply with the regulations in force in France.
The Products supplied by the Seller benefit by right and without additional payment, independently of the right of withdrawal, in accordance with the legal provisions:
- the legal guarantee of conformity, for Products that are apparently defective, spoiled or damaged or do not correspond to the order,
- the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and making them unfit for use,
under the conditions and according to the terms and conditions referred to in the box below and defined in the appendix to these GENERAL TERMS AND CONDITIONS OF SALE (Guarantee of Conformity / Guarantee of Hidden Defects).
These are in addition to any legal warranties and statutory rights to which the Customer may be entitled under his/her country’s mandatory consumer law provisions to the extent that these latter are applicable to the contract between the Seller and the Customer.
Contractual criteria used to assess conformity of the Products sold on the Website with the contract concluded between the Seller and the Customer are limited exclusively to the following points:
- a) For alcoholic beverages: the Products must be of sound, fair, merchantable quality, fit for human consumption or suitable for the use indicated by the Seller. Consequently, a Product that is suitable for human consumption but whose taste is not appreciated by the Customer does not fall within the scope of legal guarantee of conformity. Any disorder that may appear in a bottle or any variation in the taste of a Product is not covered by legal guarantee of conformity as long as the Product remains fit for human consumption.
If there is any doubt as to the consumption of a Product, the Customer is invited to usefully contact the Seller who will take the necessary steps if necessary.
- b) The Products correspond to the following description announced by the Seller on the Website: litrage (quantity contained in a bottle/carafe), volume of alcohol, origin, appellation, origin, composition.
Other information communicated by the Seller on the Website, which may be subject to subjective assessment such as tasting notes, colours (possible difference in colour between photograph of the Product seen on the screen and reality due in particular to resolution and definition of the colours which may vary depending on the screen used), are not contractual. Thus, a difference between the Customer's assessment and those announced by the Seller with regard to these subjective elements are not covered by the legal guarantee of conformity.
The Customer is informed that alcoholic beverages must be stored away from light, in a non-refrigerated place (unless otherwise specified by the Seller for the Product in question), clean, dry and not subject to temperature variations. In addition, bottles containing spirits must be stored upright.
11-2. Guarantee implementation
In order to assert its rights, the Customer must inform the Seller, in writing, of the non-conformity of the Products within a maximum period of two (2) years from the delivery of the Products or from the discovery of the hidden defects within the above-mentioned periods.
The Seller shall provide it with the necessary information on the procedure to be followed. Upon receipt of the Seller's instructions, the Customer shall return the non-compliant or defective Products to the Seller with all the items requested by the Seller (accessories, original packaging if possible, instructions, etc.).
Upon receipt of the Product(s) declared to be non-compliant or affected by a hidden defect according to the Customer, the Seller shall inspect the Product(s) to determine whether they are compliant or not, or affected by a hidden defect. The Seller may carry out a quality test on the Product(s) returned by the Customer in order to check that the returned Product(s) are indeed original Product(s). These checks are carried out as soon as possible and within a maximum period of one (1) month.
11-3. Consequences of the implementation of the guarantees
The Seller shall reimburse, replace or repair Products or parts under warranty that are found to be non-compliant or defective.
Shipping costs will be reimbursed on the basis of the invoiced price and the return costs will be reimbursed upon presentation of supporting documents.
In the event of reimbursement of Products deemed to be non-compliant or defective, this shall be done by crediting the Customer's bank account as soon as possible and no later than fourteen (14) days following the date of dispatch of the Seller's notification confirming the non-conformity or hidden defect.
The Seller's warranty is, in any event, limited to the repair or replacement or reimbursement of the non-conforming Products or Products affected by a hidden defect, to the exclusion of any other compensation.
ARTICLE 12 - Limitation of the Seller's liability
The Seller shall not be liable in the following cases:
- The Product(s) returned by the Customer do not correspond to the Product(s) delivered by the Seller,
- non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to check,
- in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, such as in the event of normal wear and tear of the Product, accident or force majeure,
- non-compliance by the Customer with the conditions of use and/or storage of the Products, the notice,
- for any order placed by a Customer who is not of legal age to do so, whether or not the parents have authorized this order,
- any damage which would not result from a failure by the Seller to fulfil its obligations mentioned in these GENERAL TERMS AND CONDITIONS OF SALE,
- act or omission of the Customer or act of a third party,
- errors contained in information provided by the Customer,
- force majeure.
ARTICLE 13 - Protection of personal data
The personal data (the Customer’s surname, first name, postal address, email address, telephone number, bank details) are collected by the Seller and required to process the Customer’s order without any intention at any time to sell, market or rent this data to any third party.
Personal data are collected for the following purposes:
- Processing and tracking orders;
- Generating statistics, market analysis and customer relation follow-up.
The Customer may at any time withdraw his/her consent to the processing of his/her data for the above purposes. Nevertheless, certain data will be essential for order preparation and the deletion of certain data may lead to the impossibility of making delivery in which case the Seller shall not be held liable.
Personal Data collected by the Seller may be communicated to LIWC, and to any partners of the Seller responsible for the execution, processing, management and payment of orders.
The Seller ensures that personal data is only kept for the duration strictly necessary for the purposes described above.
The processing of information communicated via the Website complies with the legal requirements for the protection of personal data, the information system used ensuring optimal protection of such data.
In any case, all data collected is strictly confidential and protected to avoid any alteration, damage or access by any unauthorised persons.
In compliance with the French Data Protection Act No. 78-17 of 6 January 1978 as amended and EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 (General Data Protection Regulation or GDPR which came into force on 25 May 2018), the Customer has the right, at any time, to access, rectify, and delete his/her personal data as well as a right to data portability and a right to oppose and limit the processing of this data. The Customer may exercise its rights by writing to the Seller (see contact details in the present GENERAL TERMS AND CONDITIONS OF SALE), by accompanying the request with a copy of a proof of identity.
The Customer has the right to submit a claim to the French Data Protection Authority (CNIL) by writing to: Commission Nationale Informatique et Libertés, 3 Place de Fontenoy - TSA 80715 - 75334 PARIS CEDEX 07.
It is reminded that by providing his/her personal information on the Website, the Customer signifies his/her acceptance of LIWC’s Privacy Statement (as laid down in the Website) and agrees that LIWC may collect, use, and disclose his/her personal information as described in such Privacy Statement.
ARTICLE 14 - Intellectual property
All elements (texts, logos, images, graphic or sound elements, software, icons, layout, database, etc.) contained in and presented on the Website are protected by intellectual property law. These elements remain the exclusive property of LIWC.
As such, the Customer may not proceed with any reproduction, representation, adaptation, translation and/or partial or complete transformation, or transfer to another Website of any element composing the Website. Failure to comply with this prohibition is likely to constitute an act of counterfeiting engaging the civil and criminal liability of its author.
ARTICLE 15 - Force majeure
The Seller shall not be held liable if the non-execution or delay in the execution of any of its obligations, as described herein, results from a case of force majeure, as defined in article 1218 of the Civil Code.
In such a case, the Seller shall inform the customer of the occurrence of such an event within fifteen (15) clear days following its occurrence.
After a period of one (1) month, and in the event that the event constituting force majeure persists, the order will be cancelled and will, where appropriate, be reimbursed by the Seller, to the exclusion of any other compensation, to the credit card used to place the order within a maximum period of thirty (30) days.
ARTICLE 16 - Applicable law - Language
THESE GENERAL TERMS AND CONDITIONS OF SALE AND THE OPERATIONS ARISING THEREFROM ARE GOVERNED BY FRENCH LAW.
HOWEVER, IN ACCORDANCE WITH THE REGULATION EC N° 593/2008 OF 17 JUNE 2008, THE CUSTOMER BENEFIT FROM MORE FAVOURABLE PROVISIONS OF THE LAW OF THE COUNTRY WHERE HE/SHE HAS HIS/HER HABITUAL RESIDENCE, AND TO WHICH IT CAN NOT BE DEROGATED FROM, PROVIDED THAT SUCH PROVISIONS WOULD HAVE BEEN APPLICABLE TO THE CONTRACT BETWEEN THE SELLER AND THE CUSTOMER.
THE GENERAL TERMS AND CONDITIONS OF SALE WERE ORIGINALLY WRITTEN IN FRENCH. IN THE EVENT THAT THEY ARE TRANSLATED INTO ONE OR MORE LANGUAGES, ONLY THE FRENCH TEXT SHALL BE DEEMED AUTHENTIC IN THE EVENT OF A DISPUTE.
ARTICLE 17 - Disputes
In the event of a dispute, the Customer is invited to contact the Seller in the first instance. They will endeavour to find an amicable solution.
If the dispute cannot be settled amicably, the Customer is informed that it has the option of referring the matter free of charge to the consumer mediator to which the Seller belongs to, namely the Association of European Mediators (AME CONSO), within one year of the written complaint being sent to the Seller or of using any alternative dispute resolution method (e.g. conciliation).
The consumer mediator must be consulted:
- either by completing the form provided for this purpose on the AME CONSO Website: www.mediationconso-ame.com;
- or by post addressed to AME CONSO, 11 Place Dauphine - 75001 PARIS.
The Customer may also use the online dispute settlement service offered by the European Commission through a platform accessible at the following address: http://ec.europa.eu/consumers/odr/.
All disputes to which the purchase and sale operations concluded in application of these GENERAL TERMS AND CONDITIONS OF SALE may give rise, concerning their validity, interpretation, execution, termination, consequences and follow-up, and which could not be resolved between the Seller and the Customer shall be submitted exclusively to the French courts according to the rules of jurisdiction under ordinary law. Notwithstanding the above, in the event of a dispute, in accordance with the provisions of the Council Regulation (EC) N°. 44/2001 of 22 December 2000:
- the Customer may file a claim either before the courts where he/she is domiciled, or before the French courts,
- the Seller may file a claim only before the courts where the Customer is domiciled.
Reminder of the provisions of the GDPR concerning group action:
The Customer, noting that a violation of the general regulations on the protection of personal data has been committed, has the possibility of mandating an association or a body mentioned in IV of article 43 ter of the 1978 Data Protection Act, in order to obtain, against the data controller or sub-contractor, compensation before a civil or administrative court or before the National Commission for Data Processing and Liberties.
ARTICLE 18 - Invalidity
Should any provision of these GENERAL TERMS AND CONDITIONS OF SALE be declared null and void or unenforceable, the other provisions shall remain in force and valid and shall continue to have effect.
ARTICLE 19 - Pre-contractual information - Acceptance by the Customer
The fact that the Customer places an order on the Website implies acceptance and acceptance without restriction or reservation of these GENERAL TERMS AND CONDITIONS OF SALE and the obligation to pay for the Products ordered, which is expressly recognised by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Seller.
APPENDIX I - PROVISIONS RELATING TO LEGAL GUARANTEES
Article L217-4 of the French Consumer Code :
« The seller is obliged to deliver a product that conforms to the contract and is liable for any non-conformities existing upon delivery. It is also liable for non-conformities resulting from packaging, assembly instructions or installation when responsible for this under the contract or when this has been carried out under its supervision. »
Article L217-5 of the French Consumer Code:
« The product conforms to the contract:
- If it is fit for the purpose usually expected of a similar product and, where applicable:
- if it matches the description provided by the seller and has the properties the seller presented to
the buyer in the form of a sample or model;
- if it has the properties a buyer can legitimately expect based on the public representations made
by the seller, the producer or by its representative, particularly in advertisements or labels;
- Or if it has the features defined by agreement by the parties or is fit for any special use sought by the buyer, which has been notified to and accepted by the seller. »
Article L217-12 of the French Consumer Code:
« Action resulting from non-compliance is limited to two years from delivery of the good. »
Article L217-16 of the French Consumer Code :
« When the buyer asks the seller for a repair covered by the guarantee during the period of the said guarantee granted when the moveable good was acquired or repaired, any period of immobilization of at least seven days is added to the remaining period of the guarantee. This period starts when the purchaser requests action or make the good in question available for repair, if this postdates the request for action. »
Article 1641 of the French Civil Code:
« The seller is bound by the warranty for hidden defects in the item sold which make it unfit for the purpose for which it is intended, or restrict this purpose to such an extent that the buyer would not have purchased it or would only have paid a lower price, if he had known this. »
Article 1648 paragraph 1 of the French Civil Code:
« Action resulting from hidden defects must be brought by the purchaser within a period of two years from the discovery of the defect. »
APPENDIX II - WITHDRAWAL FORM
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on the Website, unless the right of withdrawal is excluded or limited in accordance with the applicable GENERAL TERMS AND CONDITIONS OF SALE.
Form to return to: CAMUS LA GRANDE MARQUE – 29 rue Marguerite de Navarre – 16100 Cognac France.
I hereby notify you of my withdrawal from the contract for the sale of the good(s) below:
1) Order of "Date":......................................................................................................
2) Received on: ...........................................................................................................
3) Order number: ........................................................................................................
4) Customer's name:.....................................................................................................
5) Customer address:....................................................................................................
Signature of the Customer (only in case of notification of this form on paper):