General terms and conditions of sale

GENERAL TERMS AND CONDITIONS OF SALE – INTERNET

Effective as of 09/13/2021

ARTICLE 1 – SCOPE OF APPLICATION

These General Terms and Conditions of Sale (hereinafter « GTC ») apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers (« Customers or the Customer »), wishing to acquire the products offered for sale (« Products ») by the Seller on the website https://www.nassaurhums.com. The Products offered for sale on the site are as follows: spirits, beers, wines, juices, tonics, bitters, syrups, chocolates, sausages, coffees. The main characteristics of the Products, including specifications, illustrations, and indications of dimensions or capacity of the Products, are presented on the website https://www.nassaurhums.com, which the customer is required to review before ordering. The choice and purchase of a Product are the sole responsibility of the Customer. Product offers are understood within the limits of available stocks, as specified when placing the order. These GTC are accessible at any time on the website https://www.nassaurhums.com and shall prevail over any other document. The Customer declares that they have read these GTC and accepted them by checking the box provided for this purpose before implementing the online ordering procedure on the website https://www.nassaurhums.com. Unless proven otherwise, the data recorded in the Seller’s computer system constitutes proof of all transactions concluded with the Customer. The Seller’s contact details are as follows: R AND B, SAS, with a capital of 2500 euros, whose registered office is at JOUARRE (77640), Ferme du Grand Balleau, registered with the trade and companies register of MEAUX under the number 838 662 666 represented by Mr. Benjamin ROLDOS (hereinafter the « Company »). The Company offers the following services: Transformation and sale of distilled alcoholic beverages, resale of other alcohols and varied fine grocery products.

ARTICLE 2 – PRICE

The Products are supplied at the prices in force appearing on the website https://www.nassaurhums.com, at the time of the order registration by the Seller. Prices are expressed in Euros, and inclusive of VAT. The prices take into account any discounts granted by the Seller on the website https://www.nassaurhums.com. These prices are firm and non-revisable during their validity period, but the Seller reserves the right, outside the validity period, to modify the prices at any time. Prices do not include processing, shipping, transport, and delivery costs, which are charged in addition, under the conditions indicated on the website and calculated prior to placing the order. The payment requested from the Customer corresponds to the total amount of the purchase, including these costs. An invoice is established by the Seller and given to the Customer upon delivery of the ordered Products.

ARTICLE 3 – ORDERS

It is the Customer’s responsibility to select on the website https://www.nassaurhums.com the Products they wish to order, according to the following methods: Product offers are valid as long as they are visible on the site, within the limits of available stocks. The sale will only be considered valid after full payment of the price. It is the Customer’s responsibility to verify the accuracy of the order and to immediately report any errors. Any order placed on the website https://www.nassaurhums.com constitutes the formation of a contract concluded at a distance between the Customer and the Seller. The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute concerning the payment of a previous order. The Customer can track the progress of their order on the site. Cancellation of the order by the Customer is only possible before the delivery of the Products (regardless of the provisions regarding the application or not of the legal right of withdrawal). In the case of ordering a Gift Card, the Customer has a period of 6 months, from the date of ordering on the website https://nassaurhums.com, to use their gift card. In the case of non-use before the 6 months, the Customer can request an exchange of gift card. After this period, the gift card is unusable, non-exchangeable, and non-refundable.

ARTICLE 3 BIS – CUSTOMER AREA – ACCOUNT

In order to place an order, the Customer is invited to create an account (personal space). To do so, they must register by filling out the form provided to them at the time of their order and undertake to provide sincere and accurate information regarding their civil status and contact details, in particular their email address. The Customer is responsible for updating the information provided. It is specified that they can modify it by logging into their account. To access their personal space and order history, the Customer will have to identify themselves using their username and password which will be communicated to them after their registration and which are strictly personal. In this respect, the Customer is prohibited from disclosing them. Otherwise, they will remain solely responsible for their use. The Customer can also request to unsubscribe by going to the dedicated page on their personal space or by sending an email to : contact@nassaurhums.com. This will be effective within a reasonable time. In the event of non-compliance with the general terms of sale and/or use, the website https://www.nassaurhums.com has the right to suspend or even close a customer’s account after sending an electronic notice that remains without effect. Any deletion of an account, whatever the reason, entails the complete deletion of all personal information of the Customer. Any event due to a case of force majeure resulting in a malfunction of the site or server and subject to any interruption or modification for maintenance, does not engage the Seller’s responsibility. Creating an account implies acceptance of these general terms of sale.

ARTICLE 4 – PAYMENT TERMS

The price is paid by secure payment, according to the following methods: payment by credit card, PayPal, and bank transfer. The price is payable in full by the Customer on the day of placing the order. Payment data is exchanged in encrypted mode using the protocol defined by the authorized payment service provider involved in the bank transactions carried out on the site https://www.nassaurhums.com. Payments made by the Customer will only be considered final after effective collection by the Seller of the amounts due. The Seller will not be obliged to deliver the Products ordered by the Customer if the latter does not pay the price in full under the conditions mentioned above.

ARTICLE 5 – DELIVERIES

The Products ordered by the Customer will be delivered in mainland France, European countries, and French West Indies. Deliveries occur within a period of 3 to 10 days, to the address specified by the Customer, according to the selected shipping method. SAS R AND B is not responsible for delivery delays related to the carrier.

Delivery is constituted by the transfer to the Customer of physical possession or control of the Product. Except for specific cases or unavailability of one or more Products, the ordered Products will be delivered in one shipment. The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the specified time frames above. However, these deadlines are provided for information purposes only. If the Products ordered have not been delivered within 7 days after the indicative delivery date, for any reason other than force majeure or the Customer’s fault, the sale may be resolved at the Customer’s written request under the conditions provided for in Articles L 216-2, L 216-3, and L241-4 of the Consumer Code. The sums paid by the Customer will then be refunded to them at the latest within fourteen days following the date of termination of the contract, excluding any compensation or withholding. Deliveries are ensured by Chronopost, Colissimo, Mondial Relay, UPS, TNT, and Relais Colis, to the address mentioned by the Customer when ordering and to which the carrier can easily access.

When the Customer himself has arranged for a carrier of his own choice, delivery is deemed to have been made upon delivery of the Products ordered by the Seller to the carrier who accepted them without reservation. The Customer acknowledges that it is the carrier’s responsibility to make the delivery and has no recourse against the Seller in case of non-delivery of the transported goods. The Seller also offers free delivery to one of its stores accessible via the following link or locations: SAS R AND B, Ferme du Grand Balleau, JOUARRE (77640). In the event of a specific request from the Customer regarding the packaging or transport conditions of the ordered products, duly accepted in writing by the Seller, the related costs will be subject to additional specific billing, based on a prior quote accepted in writing by the Customer. The Customer is required to check the condition of the delivered products. They have a period of 3 days from the delivery to make claims by email, accompanied by all relevant justifications (especially photos). After this period and failing to comply with these formalities, the Products will be deemed to be in conformity and free from any apparent defect, and no claim can be validly accepted by the Seller. The Seller will refund or replace, at its expense and as soon as possible, the Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, in accordance with the conditions provided for in Articles L 217-4 and following of the Consumer Code and those provided for in these GTC. The transfer of risks of loss and deterioration relating thereto will only be carried out when the Customer physically takes possession of the Products. The Products therefore travel at the Seller’s risk unless the Customer has chosen the carrier themselves. In this case, the risks are transferred at the time of delivery of the goods to the carrier.

ARTICLE 6 – TRANSFER OF OWNERSHIP

The transfer of ownership of the Seller’s Products to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of said Products.

ARTICLE 7 – RIGHT OF WITHDRAWAL

In accordance with the provisions of Article L221-18 of the Consumer Code, « The consumer has a period of fourteen days to exercise his right of withdrawal from a distance contract, following a telephone canvassing or outside the establishment, without having to give reasons for his decision or to bear other costs than those provided for in Articles L. 221-23 to L. 221-25. The period mentioned in the first paragraph runs from the day: 1° Of the conclusion of the contract, for service contracts and those mentioned in Article L. 221-4; 2° From receipt of the goods by the consumer or a third party, other than the carrier, designated by him, for contracts for the sale of goods. For contracts concluded outside establishments, the consumer may exercise his right of withdrawal from the conclusion of the contract. In the case of an order for several goods delivered separately or in the case of an order for goods consisting of multiple lots or pieces whose delivery is staggered over a defined period, the period runs from receipt of the last good or lot or the last piece. For contracts providing for the regular delivery of goods over a defined period, the period runs from receipt of the first goods.  » The right of withdrawal can be exercised online, using the withdrawal form at the bottom of this page. or any other unambiguous statement expressing the intention to withdraw, in particular by postal mail sent to the Seller at the postal or email address indicated in ARTICLE 1 of the GTC. Returns must be made in their original condition and complete (packaging, accessories, instructions…) allowing their resale as new, accompanied by the purchase invoice. Damaged, soiled, or incomplete Products will not be accepted for return. Return costs are borne by the Customer. Exchange (subject to availability) or refund will be made within 14 days from receipt, by the Seller, of the Products returned by the Customer in the conditions provided for in this article.

ARTICLE 8 – SELLER’S LIABILITY – WARRANTIES

The Products provided by the Seller benefit from:

• the legal warranty of conformity, for defective, damaged, or non-compliant Products,
• the legal warranty against hidden defects resulting from a defect in material, design, or manufacture affecting the delivered products and making them unfit for use.

Provisions relating to legal warranties

Article L217-4 of the Consumer Code

« The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also responsible for any lack of conformity resulting from the packaging, assembly instructions, or installation when the latter has been charged to him by the contract or has been carried out under his responsibility. »

Article L217-5 of the Consumer Code

« The goods comply with the contract:

1. If it is suitable for the customary use of a similar good and, where applicable:

• if it corresponds to the description given by the seller and possesses the qualities that the seller has presented to the buyer in the form of a sample or model;
• if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer, or his representative, particularly in advertising or labeling;

2. Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller, and accepted by the latter. »

Article L217-12 of the Consumer Code

« The action resulting from lack of conformity is time-barred after two years from the delivery of the goods. »

Article 1641 of the Civil Code.

« The seller is liable for hidden defects in the thing sold which render it unfit for the use for which it was intended, or which so diminish that use that the buyer would not have acquired it, or would have given a lesser price for it, if he had known of them. »

Article 1648 paragraph 1 of the Civil Code

« The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect. »

Article L217-16 of the Consumer Code.

« When the buyer requests from the seller, during the course of the commercial guarantee granted to him upon the acquisition or repair of a movable property, restoration under the warranty, any period of immobilization of at least seven days is added to the remaining duration of the warranty. This period runs from the buyer’s request for intervention or the availability for repair of the item in question, if this availability is subsequent to the request for intervention. »

In order to assert its rights, the Customer must inform the Seller, in writing (by email or letter), of the non-compliance of the Products or the existence of hidden defects from their discovery.

The Seller will refund, replace, or repair the Products or parts under warranty deemed non-compliant or defective.

Shipping costs will be refunded based on the invoiced rate, and return costs will be refunded upon presentation of receipts.

Refunds, replacements, or repairs of Products deemed non-compliant or defective will be made as soon as possible and at the latest within 14 days following the Seller’s finding of the lack of conformity or hidden defect. This refund can be made by bank transfer or check.

The Seller’s liability cannot be engaged in the following cases:

• non-compliance with the legislation of the country in which the products are delivered, which is the Customer’s responsibility to verify,
• in case of misuse, professional use, negligence, or lack of maintenance on the part of the Customer, as well as in case of normal wear and tear of the Product, accident, or force majeure.

The photographs and graphics presented on the site are not contractual and do not engage the responsibility of the Seller.

In any case, the Seller’s warranty is limited to the replacement or refund of non-compliant Products or those affected by a defect.