Terms and Conditions of Sale

1) Purpose and scope of the general sales conditions

The present general conditions of sale are applicable to the sales concluded between ADB and any natural person having reached the minimum legal age required to purchase alcohol (18 years old in France), or legal entity, acting as a consumer or non-professional, i.e. contracting only for his personal use and not for commercial purposes of resale or on a professional basis (hereinafter “the Customer”), wishing to proceed to a purchase of products distributed by ADB (the “Products”) via the online stores accessible at the following addresses (the “Sites”): https://www.atelier-du-bouilleur.fr/boutique

In accordance with Article L.3342-1 of the Public Health Code, the Customer declares that he/she is of age at the time of the sale and confirms in the case of a purchase by a third party that the recipient is of age.

The online sale of Products is reserved for Customers wishing to make deliveries in Metropolitan France. For any request for shipping of these Products to international destinations, the Customer should contact us directly on our contact page.

2) Order taking and confirmation

The customer who wishes to purchase Products via the Sites must complete the following steps:

– Select your Products by clicking on the desired Products and enter the desired quantity.

– Follow the steps of the order and its validation by clicking on the button “order” of the page “basket”.

– Create an account (optional) by filling in the identification form on which he will indicate all the mandatory fields (name, first name, delivery address, billing address, telephone, email etc.).

– Accept the General Terms and Conditions of Sale by checking the box provided after reading them. It is not possible to validate an order without the manifestation of this full and unreserved adherence to the general conditions of sale specified in the framework of the Site. This checked box is thus an acknowledgement on the part of the Customer to have a perfect knowledge of them.

– Validate your order after having checked it.

– Proceed to the online payment of his order.

ADB will acknowledge receipt of the order by displaying a confirmation message that will mention the order number (simultaneous sending of an email summarizing the order to the Customer).

The orders validated on the Sites are contractually binding on the Customer and ADB as a signature and acceptance of the terms of the commercial transaction. However, ADB reserves the right to suspend or cancel (i) any abnormally high order, (ii) any order that does not contain all the information necessary for the delivery of the products, (iii) any order from a Customer with whom there is a dispute over payment of a previous order or (iv) any order from a customer who does not have the capacity to contract. In this context, ADB reserves the right, before confirming an order, to ask the Customer to justify his personal information. In the absence of receipt of proof of payment, ADB will be entitled to cancel the order. In any case, the Customer will be informed by ADB.

3) Items offered for sale

3.1. Stocks

The Products are offered within the limits of available stocks. In case of total or partial unavailability visible on the Sites, please contact the customer service (see article ” Contact “). ADB also reserves the right not to validate an order in case of such unavailability.

In case of delayed availability of the Products beyond the delivery deadline indicated on the order confirmation, ADB will propose to the Customer either to cancel his order, or, within the limit of available stocks, to accept a Product of equivalent quality and price, or to wait for the availability and the delayed delivery of the ordered Product.

In case of definitive unavailability of one or more ordered Products not indicated on the Site, the Customer will be informed as soon as possible and will have the possibility to cancel his order. In case of cancellation of the order by the Customer, ADB will proceed to the reimbursement of the sums paid with the same means of payment as that used for the order, within fourteen (14) days from the date of cancellation.

ADB reserves, at any time and at its sole discretion, the right to withdraw one or more Products from the sale on the Site.

3.2. Description of the products

Each Product presentation is accompanied by a description established by ADB. The photographs have no contractual value and do not engage the responsibility of ADB.

A change in labeling does not constitute a change in the characteristics of a Product.

4) Price and Payment

4.1. The prices are expressed in euros (€), rights included and all taxes included (TTC) taking into account the VAT and other duties applicable in France on the day of the order. The prices indicated on the Sites are therefore valid only for French residents. Any change in the rate of said taxes may be reflected in the price of the Products.

ADB reserves the right to modify its prices at any time, without prior notice, it being understood that the price appearing on the Site at the time of the order will be the one applicable to Customers. The prices indicated on the Sites do not include the shipping costs, which are fixed according to the scale below.

Delivery Method Rate per order

All parcels are delivered by Chronopost or UPS, depending on your choice at the time of payment. Fees will be added on the payment page. Discounts and promotions cannot be combined and are limited to one per household (same name, same address).

Promotional codes are not cumulative: only one code can be used per transaction.

Payment for purchases at the all-inclusive price (taxes, order preparation and delivery charges) is made by credit card (CB, Visa, Mastercard, American Express).

ADB implements all the means to ensure the confidentiality and the security of the data transmitted on the Sites. The online payment is made through the secure payment system STRIPE (www.stripe.com). As an expert in payment security, STRIPE guarantees that sensitive data is transmitted and stored according to the highest security and quality standards.

In order to proceed with the payment of the Customer’s order, Stripe will request the following information: indication of the type of payment card (Visa, Mastercard, etc.), the payment card number, its expiry date and any visual cryptogram, with the explicit order to debit the payment card holder’s account.

The transaction is immediately debited to the Customer’s credit card after verification of the card data, upon receipt of the debit authorization from the credit card issuer used by the Customer.

In accordance with Article L. 132-2 of the French Monetary and Financial Code, the commitment to pay by means of a payment card is irrevocable. By providing his credit card information, the Customer authorizes ADB to debit his credit card for the amount corresponding to the all-inclusive price. In the event that the all-inclusive price cannot be debited, the Online Sale will be cancelled by operation of law and the Customer will be informed.

5) Delivery

5.1. The delivery is made by carrier to the address indicated by the customer during the validation of his order.

The Customer chooses a delivery address necessarily located on the French metropolitan territory. The Customer shall be solely responsible for any failure or delay in delivery due to a lack of information or an error in entering information when placing the Order.

Any costs incurred for the reshipment of the Order, due to an error in the information entered by the Customer at the time of the Order, shall be borne exclusively by the Customer.

The delivery time will be indicated to the Customer at the end of the Order process. In any case, the maximum delivery time from order confirmation is 15 days, depending on the availability of the products ordered.

5.2. The customer is required to check the good condition of the packages delivered to him and to make any reservation to the carrier on the receipt slip before signing.

In the event of reservations, even if they are indicated in a clear, precise and complete manner, they must be confirmed in writing by registered letter with acknowledgement of receipt to the Carrier within three calendar days of delivery, in accordance with Article L 133-3 of the New Commercial Code.

In case of refusal of the parcel, the customer may, if he wishes, ask the Carrier to send the parcel back, which must be accompanied by a “spoliation report”, of which the Customer will keep a copy. Customer shall also send a copy of such letter to Seller. Failure to file a claim within the aforementioned time period and in the aforementioned manner shall extinguish any action against the carrier and the Seller in accordance with Article L. 133-3 of the Commercial Code.

ADB is only liable for direct and foreseeable damages. ADB shall not be liable after delivery to the Customer, and without reservation on his part.

5.3. In the event of a delay in delivery, the Order shall not be cancelled. The Seller shall inform the Customer by e-mail that the Delivery will be delayed.

If the Order has not yet been shipped when the Seller receives the Customer’s cancellation notice, Delivery shall be blocked and the Customer shall be refunded any sums debited within thirty days of receipt of the cancellation notice. If the Order has already been shipped when the Seller receives the Customer’s cancellation notice, the Customer may still cancel the Order by refusing the package. The Seller will then proceed to the reimbursement of the sums debited and the return costs paid by the Customer within thirty days following the receipt of the return of the package refused complete and in its original state.

6) Reservation of ownership

ADB expressly reserves the ownership of the Products sold, until full payment by the Customer of the price and its effective collection by ADB.

7) Right of withdrawal

7.1. Orders are firm, final and not subject to change or cancellation, except as provided in this Article 7;

7.2. The Customer has the right to withdraw from this Agreement without giving any reason within fourteen days from the date of taking physical possession of the order by the Customer or a third party designated by the Customer. If this period expires on a Saturday, Sunday or public holiday, it is extended to the next working day.

As an exception, in accordance with article L.221-28 of the French Consumer Code, when the Products ordered are sealed, these products, once unsealed by the consumer after delivery, are not subject to the right of withdrawal and cannot be returned for reasons of hygiene or health protection.

Likewise, Products returned that have been opened or whose label has been damaged, that are incomplete, damaged or soiled will not be accepted. Any Product that has been transformed will not be refunded or exchanged.

7.3. To exercise the right of withdrawal, the Customer must notify ADB, by email at communication@atelier-du-bouilleur.frThe Customer shall inform the Seller of his decision to withdraw from this Agreement by means of an unambiguous statement (e.g. letter sent by post, fax or e-mail) and shall return the Products within the above-mentioned period, in their original packaging, complete and in new condition, it being specified that the return costs shall be borne by the Customer.

7.4. In case of withdrawal by the Customer, ADB will refund all payments received, including delivery charges (except for additional charges resulting from the fact that the Customer has chosen, if applicable, a delivery method other than the less expensive standard delivery method offered) upon recovery of the good or until the Customer has provided proof of shipment of the good, whichever is earlier. ADB will proceed to the refund using the same means of payment as the one used for the initial transaction, unless a different means is expressly agreed; in any case, this refund will not cause any costs for the Customer other than the return costs.

8) Warranty claims and returns

8.1. Non-compliance with the Order

The Customer has a period of five (5) calendar days from the delivery of the Products to return the non-conforming Products to the Customer Service. Any non-conforming Product must be returned in its original packaging, unsealed, accompanied by a copy of the invoice and any other document that may have been provided.

The consumer will be reimbursed for the return postage within thirty days of receipt of the product by ADB.

8.2. Return of defective products

In case of defective products, the Customer must contact the Customer Service at the address mentioned in the article “Contact” of the present GTC within seventy-two (72) hours from the reception of the Products, without neglecting if necessary the possible recourse against the carrier.

9) Warranty

The Seller is bound by the legal guarantee of conformity as defined in articles L. 217-4 and following of the Consumer Code and by the guarantee of hidden defects defined in articles 1641 to 1649 of the Civil Code under the conditions provided for by the said texts.

When acting under the legal warranty of conformity, the Customer has a period of two (2) years from the delivery of the goods to act in accordance with Article L. 217-12 of the Consumer Code; he may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code. Pursuant to Article L. 217-7 of the French Consumer Code, defects in conformity that appear within twenty-four (24) months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise.

The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.

The Customer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code; in this case, he may choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code. Pursuant to Article 1648 of the Civil Code, the Customer has a period of two (2) years from the discovery of the defect to act. However, to be admissible, the action for latent defect must also be brought within five (5) years of the sale.

10) Force majeure

ADB is entitled to cancel any order, and is in particular released from any obligation, in case of force majeure or non-compliance with the deadlines of its own suppliers or principals, natural disasters, acts of God, preventing according to the forecasts, either the manufacture or the delivery of supplies. The following are considered as cases of force majeure: strikes, fires, floods, accidents involving materials or equipment, pandemics, transport interruptions or any other changes outside and within the company that prevent the normal and expected execution of sales.

11) Intellectual Property

All technical documents, products, drawings, photographs given to Customers remain the exclusive property of ADB, the sole owner of the intellectual property rights on these documents, and must be returned to him at his request.

The Customer undertakes not to make any use of these documents which might infringe ADB’s industrial or intellectual property rights and undertakes not to disclose them to any third party.

Any dispute relating to the interpretation and execution of the GTC is subject to French law.

In accordance with Articles L. 111-1, L. 612-1 and L. 616-1 of the Consumer Code, the Customer is informed that he may have recourse free of charge to a consumer mediator for the amicable resolution of the dispute between him and ADB after having attempted to resolve the dispute with ADB by a written complaint.

In accordance with Article L 616-2 of the Consumer Code, the Customer is also informed of the existence of the European platform for online dispute resolution at https://ec.europa.eu/consumers/odr and of the possibility of using it to settle his dispute through an alternative dispute resolution entity.

12) Enforceability and modification of the GTC

Opposability: The CGV are opposable to the consumer who recognizes, by checking a box provided for this purpose, to have been informed and to have accepted them without reserve before placing order.

Nullity and Modification: The nullity of a contractual clause does not entail the nullity of the General Sales Conditions.

ADB reserves the right to modify these General Terms and Conditions of Sale with the understanding that such modifications will be inapplicable to orders placed prior to these modifications.

13) Jurisdiction

Any dispute that could not be settled amicably or through mediation will be under the exclusive jurisdiction of the French courts.

11) Contact

You can also reach us by email at the following address: communication@atelier-du-bouilleur.fr.