Terms of sale
ARTICLE 1: PURPOSE
These general terms and conditions of Papilles Cocktails SAS (hereinafter the "General Conditions") govern the relationship between Papilles Cocktails SAS (hereinafter "Papilles Cocktails SAS"), whose activity is the preparation and sale of cocktails, alcoholic or non-alcoholic, delivered to the customer’s home (hereinafter the "Products"), Papilles Cocktails SAS, registered with the Albi trade and companies register under number 920 079 993, with its registered office located at 144 Route de Fauch, 81 000, Albi, and any person (hereinafter the "Client") wishing to use the website accessible at papillescocktails.fr (hereinafter the "Site") to order one or more Products.
The publication director of the site is Mr. Alexandre Gonzalez.
The Site is hosted by Shopify, 151 O'Connor Street, Ground Floor, Ottawa, Ontario K2P 2L8, Canada, whose website is accessible at https://www.shopify.com.
Placing an order for a Product on the Site implies unreserved acceptance of the General Conditions, which the Client acknowledges having read prior to placing the order.
These General Conditions will prevail over any other document unless otherwise agreed in writing by Papilles Cocktails SAS.
Papilles Cocktails SAS reserves the right to modify these General Conditions at any time without notice, provided that such modifications will not apply to orders already accepted and confirmed by the Client.
ARTICLE 2: PRODUCTS
Papilles Cocktails SAS reserves the right to modify the range of Products at any time without prior notice to the Client.
The Products offered by Papilles Cocktails SAS are considered "alcoholic beverages" under Article L.3342-1 of the French Public Health Code, which stipulates that "the sale of alcoholic beverages to minors is prohibited" and that "the person delivering the beverage must ask the customer to prove their age." Therefore, by placing an order, the Client guarantees that they are over eighteen years old. Papilles Cocktails SAS may request proof of age from the Client and reserves the right to refuse delivery to any Client under eighteen years old or to any Client under the influence of alcohol, drugs, or medication.
Alcohol abuse is dangerous for health. Please consume in moderation.
Consumption of alcoholic beverages during pregnancy, even in small amounts, can have serious health consequences for the child.
Papilles Cocktails SAS shall not be held liable for any damages, of any nature whatsoever, related to improper use or excessive consumption of the Products by the Client or those around them.
ARTICLE 3: ORDER
When the Client orders Products by clicking "Add to cart" and confirms the order by clicking "Proceed to payment," they are deemed to have accepted the content and terms of the order, including these General Conditions, the prices, features, quantities, and delivery times of the Products ordered. Papilles Cocktails SAS will then confirm the order by sending the Client an email and/or an SMS.
The offers presented by Papilles Cocktails SAS are valid while stocks last. If one or more Products are unavailable after the Order has been placed, the Client will be notified by email and/or SMS and/or phone. The order total will be recalculated, and the Client will be charged the new amount, minus the missing Products, without any other compensation.
Papilles Cocktails SAS reserves the right to cancel an order if it is entirely unavailable. The Client will be refunded for the costs incurred for that order, without any further compensation.
The purchase and delivery of Products will only take place during delivery hours.
Papilles Cocktails SAS cannot be held responsible for any damages of any nature whatsoever suffered by the Client due to the unavailability of the Products for sale.
ARTICLE 4: PRICING AND PAYMENT
Prices are quoted in euros, inclusive of all taxes (at the applicable VAT rate on the day of payment), with the understanding that the Products ordered will be invoiced at the prices in effect at the time of the order.
Product prices do not include delivery charges, which are communicated before the validation of each order.
Product prices may be changed by Papilles Cocktails SAS at any time without prior notice to the Client. However, the Client will be charged the price applicable at the time of their order and acknowledges having taken note of and accepted this price before validating the order.
The Client pays for their order online by credit card. The Client guarantees to Papilles Cocktails SAS that they are fully authorized to use the credit card for payment of their order and that the credit card used has sufficient funds to cover all costs resulting from their order.
The Client’s purchases will be debited from their account at the time of order processing by Papilles Cocktails SAS.
Papilles Cocktails SAS reserves the right to suspend or cancel any order if payment authorization is refused by the credit card provider, in the event of non-payment or payment issues.
Delivery of any new order may be suspended in the event of delayed payment or difficulty with a previous order.
Papilles Cocktails SAS takes all necessary measures to ensure the security and confidentiality of the data transmitted online.
It is the Client's responsibility to save and print their payment receipt if they wish to retain the bank details related to their transaction.
ARTICLE 5: DELIVERY
The delivery of Products is only offered within the specified delivery area and during the delivery hours set by Papilles Cocktails SAS and displayed on the Site.
Orders placed outside this delivery area or outside delivery hours will not be processed.
If Papilles Cocktails SAS mistakenly accepts an order that does not correspond to the delivery area or delivery hours, that order may be canceled by Papilles Cocktails SAS without incurring any liability. The Client will then be refunded for the costs incurred for that order, without any further compensation.
The delivery times displayed on the Site are indicative, representing average processing and delivery times, and are not binding on Papilles Cocktails SAS. The delivery time will be communicated to the Client by email and/or SMS and/or phone. If necessary, the Client will be informed in due course of any additional waiting time.
The Products will be delivered to the address indicated by the Client when placing the order.
The order must be collected by the Client directly from the courier at the building entrance of the specified address.
When placing the order, the Client agrees to provide accurate personal information. If the information provided does not allow the courier to deliver the order, Papilles Cocktails SAS reserves the right to cancel the delivery without refund or any compensation.
Papilles Cocktails SAS will not be liable for any delays by the Client in receiving the order. A second delivery may be arranged, with the Client bearing the delivery costs. The delivery time will then be determined by Papilles Cocktails SAS.
Papilles Cocktails SAS delivers all of its Products fresh and ensures their proper preservation during transport.
In the event of an error in the order received by the Client attributable to Papilles Cocktails SAS, Papilles Cocktails SAS undertakes to refund the amount of the undelivered Products without any further compensation.
In the event that Papilles Cocktails SAS fails to fulfill its delivery obligation, the Client may terminate the contract under the conditions of Article L. 216-2 of the French Consumer Code. The Client will then be refunded for the costs incurred for the relevant order without any further compensation.
ARTICLE 6: PERSONAL DATA
In accordance with Law No. 78-17 of January 6, 1978, as amended, relating to data processing, files, and freedoms, Papilles Cocktails SAS informs the Client that it respects the confidentiality, integrity, and security of the data provided when ordering on the Site.
The personal information and data collected by Papilles Cocktails SAS are necessary for order management. They also help improve and personalize the services offered and the information provided to Clients.
The processing of personal data collected by Papilles Cocktails SAS has been declared to the French National Commission for Data Protection and Liberties (CNIL).
The Client is informed that they have the right to access, oppose, rectify, and delete their data.
As such, they may request that incorrect, incomplete, ambiguous, outdated, or unlawfully collected or used information be rectified, supplemented, clarified, updated, or deleted.
The Client may exercise this right at any time by contacting Papilles Cocktails SAS via the contact form available on the Site, providing their full name and email address.
Papilles Cocktails SAS will make every effort to process the requested changes as quickly as possible.
ARTICLE 7: USE OF COOKIES ON THE SITE
To better understand the behavior of its Clients, the Site may use "cookies." These are small text files stored on the Client's computer hard drive that do not allow identification of the Client but record information about a computer’s browsing on the site.
The use of cookies, whether first or third-party, requires the express consent of the Client. The Client may give their consent or oppose the use of cookies by appropriately configuring their connection device.
The Client is informed that if they oppose the installation of cookies or delete them, the use of the Site may be impaired or even impossible.
ARTICLE 8: INTELLECTUAL PROPERTY
In general, the Client is prohibited from infringing upon the intellectual property rights (copyright, related rights, sui generis rights of database producers, trademark rights, domain names, etc.) of Papilles Cocktails SAS and/or any third party.
Papilles Cocktails SAS holds all intellectual property rights over the structure and content of the Site (names, texts, recipes, images, software, icons, sound elements) or has acquired the rights necessary for the exploitation of the structure and content of the Site.
Any reproduction, representation, or adaptation, whether in whole or in part, of these elements requires the prior written consent of Papilles Cocktails SAS.
Failure to comply with these prohibitions may constitute an act of infringement and/or unfair competition and parasitism, engaging the civil and/or criminal liability of the Client.
ARTICLE 9: NON-COMPLIANCE WITH GENERAL CONDITIONS BY THE CLIENT
Non-compliance by the Client with the obligations outlined in these General Conditions, as well as any payment incidents related to an order or any action contrary to the interests of Papilles Cocktails SAS, such as providing false information, may result in the suspension of the Client's access to Papilles Cocktails SAS services.
ARTICLE 10: LIABILITY OF PAPILLES COCKTAILS SAS
The liability of Papilles Cocktails SAS with respect to the obligations of these General Conditions cannot be engaged if the non-performance of its obligations is attributable to a third party, the fault of the Client, or the occurrence of a force majeure event.
In accordance with Articles L.217-4 and following of the French Consumer Code, Papilles Cocktails SAS delivers a Product in conformity with the contract and is responsible for any non-conformities present at the time of delivery. In case of a non-conformity, the Client may request the replacement of the Product. The Client is exempt from providing proof of the existence of the non-conformity for twenty-four months following the delivery of the Product. The Client has a period of two years from the delivery of the Product to act under the legal warranty of conformity.
The legal warranty of conformity applies independently of any commercial warranty that may have been provided.
Furthermore, Papilles Cocktails SAS is liable for hidden defects in the sold goods under the conditions set out in Articles 1641 and following of the French Civil Code. The Client may decide to invoke the warranty against hidden defects of the Products. In this case, the Client may choose between the cancellation of the sale or a reduction of the sale price of the Products.
Within the limits permitted by applicable law, any other warranty is expressly excluded by Papilles Cocktails SAS with regard to the Client. In particular, Papilles Cocktails SAS does not guarantee that the use of the Site will be free from anomalies, errors, or bugs, nor that these can be corrected, nor that the Site will operate without interruption or breakdowns.
ARTICLE 11: RIGHT OF WITHDRAWAL
In accordance with Article L.221-28-4 of the French Consumer Code, the right of withdrawal cannot be exercised for contracts involving the supply of goods that are likely to deteriorate or expire quickly, which includes the Products.
Therefore, the Client cannot claim any right of withdrawal. Products sold by Papilles Cocktails SAS are neither returned nor exchanged, except in cases of an error attributable to Papilles Cocktails SAS, particularly in the case of delivering Products that do not correspond to the Client's order.
ARTICLE 12: PARTIAL INVALIDITY
In the event that one or more clauses of the General Conditions are deemed invalid by a competent court, the other clauses will retain their full force and effect.
The clause deemed invalid will be replaced by a clause whose meaning and scope are as close as possible to the invalidated clause, while remaining in compliance with applicable law and the common intent of Papilles Cocktails SAS and the Client.
ARTICLE 13: APPLICABLE LAW
The interpretation, validity, and execution of these General Conditions are subject to French law.
ARTICLE 14: COMPETENT JURISDICTION
In accordance with Articles L.612-1 to L.612-5 of the French Consumer Code, the Client has the right to use a consumer mediator free of charge for the amicable resolution of any dispute between them and Papilles Cocktails SAS.
The Client may request the resolution of the dispute by one of the mediators competent in e-commerce and distance selling, and in particular by one of the mediators listed by the Ministry of Economy and Finance, accessible at: http://www.economie.gouv.fr/mediation-conso/saisir-mediateur.
In the absence of an amicable resolution, any dispute, disagreement, or claim arising from or related to these General Conditions will be submitted to the competent French jurisdiction according to the legal provisions in force.