Terms and conditions
These general conditions of sale (the "General Conditions of Sale") govern the relationship between the Company and its Customers (as the term is defined below), in the context of online sales by the Company on the Site. bottles of Vodka (the “Product(s)”), in accordance with the pricing terms and conditions indicated on the Site.
The Company reserves the right to modify these General Conditions of Sale at any time by publishing a new version on the Site. The General Conditions of Sale are those in force on the date of validation of the order.
Article 1: Prevention
Access to the Site and any order are exclusively reserved for people over 18 years of age. The Company cannot be held responsible in the case of a purchase for a third party. The Company has legal licenses authorizing the purchase and sale of alcohol and can provide proof of this upon request.
Alcohol abuse is dangerous for health. To consume with moderation.
Section 2: Customers
The Products offered for sale on the Site are strictly reserved for natural persons of eighteen (18) years of age, having full legal capacity to order on the Site, contracting for their private needs and having a delivery and invoicing in mainland France (the “Client(s)”).
In accordance with the provisions of article L.3342-1 of the Public Health Code, the Company reserves the right to ask the Customer to prove his identity. Customers "legal entities" are invited to contact the Company Calmont Spirits International which can be contacted at the following email address: contact@calmontvodka.com
Article 3: Application of the General Conditions of Sale
The General Conditions of Sale apply exclusively to all sales concluded by the Company on the Site. The mere fact of placing an order or accepting an offer from the Company implies the unconditional acceptance by the Customer of all the stipulations provided for in the General Conditions of Sale. The Customer acknowledges being fully informed of the fact that his agreement concerning the content of the General Conditions of Sale does not require the handwritten or electronic signature of a document.
In the event of non-compliance with these General Conditions of Sale by the Customer, the Company reserves the right to cancel all or part of the orders in progress or to suspend the deliveries of Products.
Article 4 – Order
4.1 Product Descriptions and Availability
The Company takes the greatest care in providing information on the Products, in particular on their essential characteristics (capacity, degree of alcohol, ingredients) which are presented in the technical data sheet for each Product reproduced on the Site, consisting in particular of a photograph of the Product and a technical description.
The information provided in the Company's catalogues, prospectuses, advertisements, notices or other documents is given for information only and does not bind the Company, which may modify them at any time. The photographs illustrating the Products have no contractual value and do not in any way engage the responsibility of the Company.
The Products are offered for sale and delivered within the limits of available stocks. In the event of unavailability of the Product already ordered, the Company informs the Customer of the temporary unavailability and of the period within which the Product will be available again for delivery.
When the delivery time of the Product is greater than 30 days, the Customer will be reimbursed for the sums paid for his order.
4.2 Steps to place the order
In order to place the order, the Customer must follow the following steps:
1. Go to the Site www.calmontvodka.com;
2. Build a basket by choosing the Products,
3. Check the elements of the order by clicking on "Finalize the order" in order to have access to the summary of the order and, if necessary, identify and correct errors;
4. Choose your delivery method and validate it by clicking on "Go to payment";
5. Check the elements of the order, the total price as well as the all-inclusive price, add its payment information and click on "Check the order" (the "Order Validation"). Validation of the Order implies acceptance of all of these General Terms and Conditions of Sale;
5. Follow the online payment instructions to pay the all-inclusive price by clicking "Pay".
The Customer then receives electronically and confirmation of acceptance of payment for the order. The Customer also receives electronically and without delay an acknowledgment of receipt confirming the order. Finally, the Customer receives electronic confirmation of the dispatch of the order. Delivery will take place at the delivery address in
La durée de validité des offres et prix est déterminée par l’actualisation du Site.
Article 6: Payment
Payment of the price by the Customer is made in full on the day the order is placed. Payment is made online by credit card (Carte Bleue, Visa, Eurocard / MasterCard / American Express,) at the time of validation of the order by the Customer.
Banking information is entered via a secure server to guarantee the security and confidentiality of the information provided during the banking transaction.
The request for authorization to debit the card is made at the time of validation of the order on the Site, except in the event of unavailability of the servers. The Company reserves the right to proceed with a new request for direct debit authorization in the event that the first could not be completed due to the unavailability of the servers.
In the event of a payment default, an incorrect address or any other problem on the Customer's account, the Company reserves the right to block the Customer's order until the problem is resolved.
Article 7: Retention of title
The Company expressly reserves ownership of the Products sold, until full payment by the Customer of the price and its effective collection by the Company.
The transfer of ownership occurs when the package is delivered to the carrier.
Article 8: Delivery
The Products offered for sale on the Site are produced and marketed in accordance with the French standards in force and cannot, as they stand, be delivered outside of mainland France.
The Products are delivered Chronopost/UPS/Poste. The delivery times indicated in the description below are indicative and are applicable from the delivery of the package to the postal services. The Customer is informed by email of the shipment of his package.
The delivery costs are fixed, regardless of the quantity or the place of shipment, at the rate of €6.00 (euros) per order, delivered within a maximum of 3-5 working days.
Article 9: Right of withdrawal
9.1 Principle
In accordance with articles L221-18 et s. of the Consumer Code, the Customer has a right of withdrawal which he can exercise within fourteen (14) calendar days following the date of receipt or withdrawal of the Order to exercise his right of withdrawal without having to justify reasons nor to pay penalties, with the exception of return costs. In the event that this period expires on a Saturday, a Sunday or a public holiday or non-working day, it is extended until the first following working day. Only the Customer is able to exercise this right of withdrawal. In the event that the delivery has been made to a person other than the Customer, this right cannot be exercised by the said recipient of the order concerned.
The Customer must notify the Company of his withdrawal by means of either an unambiguous declaration or the model withdrawal form available on the Site, by e-mail to the following address: contact@calmontvodka.com
9.2 Return
The Products must be returned by the Customer, at the latest within fourteen (14) days from the notification of the exercise of his right of withdrawal, to the following address:
5 rue charles de gaules, 94140, Alfortville.
The Products must not be returned, neither opened nor damaged, in their original packaging. If the original packaging has not been kept, the Customer must, given the nature of the Products, pack them with the greatest care, in order to avoid any breakage.
Returned Products travel at the expense and risk of the Customer. Any damaged product will not be taken back or refunded.
9.3 Refund
The Customer will be reimbursed for the sums paid when ordering, with the exception of delivery costs, as soon as possible and at the latest within fourteen (14) days following notification by the Customer of his right of withdrawal. The Company nevertheless reserves the right to defer reimbursement until the date of receipt of the returned Products and/or until the Customer has provided the Company with proof of the shipment of the Product(s), the date retained being that of the first of these facts.
The refund will be made by the same means of payment as that used by the Customer for the payment of his order, unless the Customer agrees on another means of payment and unless the means of payment has expired in the meantime, in which case another means of payment will be agreed in order to proceed with the reimbursement. The Company undertakes that the reimbursement will not incur any costs for the Customer.
Article 10: Legal guarantees
10.1 Legal guarantee of conformity
The Customer benefits from the legal guarantee of conformity referred to in the provisions of Articles L. 217-4 and following of the Consumer Code (extracts below). As such, the Company undertakes to deliver compliant Products and to respond to existing lack of conformity.
Article L.217-5 of the Consumer Code: “The good complies with the contract:
1° If it is specific to the use usually expected of a similar item and, where applicable:
– if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
– if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted. »
When acting as a legal guarantee of conformity, the Customer:
– has a period of two years from the delivery of the property to act;
– can choose between repairing or replacing the good, subject to the cost conditions provided for in article L.217-9 of the consumer code;
-is exempted from providing proof of the existence of the lack of conformity of the goods during the twenty-four (24) months following the delivery of the goods.
The legal guarantee of conformity applies independently of any commercial guarantee granted.
The Customer may decide to implement the guarantee against hidden defects within the meaning of Article 1641 of the Civil Code. In this case, he can choose between rescinding the sale or reducing the sale price (article 1644 of the civil code).
10.2 Warranty against hidden defects
The Customer also benefits from the legal guarantee against hidden defects referred to in the provisions of articles 1641 and following of the Civil Code (extracts below).
Article 1641 of the Civil Code: "The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have not acquired, or would have given only a lesser price, if he had known them. »
Article 1648 Paragraph 1 of the Civil Code: “The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. »
Article 11: Intellectual property
The trademark of the Company Calmont Spirits International, as well as all trademarks, whether figurative or not, and more generally all other trademarks, illustrations, images and logotypes appearing on the Products, their accessories and their packaging, as well as on the Site, which whether registered or not, are and will remain the exclusive property of the Company. Any total or partial reproduction, modification or use of these trademarks, illustrations, images and logotypes, for any reason and on any medium whatsoever, without the express prior consent of the Company, is strictly prohibited. The same applies to any combination or conjunction with any other brand, symbol, logotype and more generally any distinctive sign intended to form a composite logo.
Article 12: Privacy Policy
All personal information concerning the Customer that is communicated to the Company when using the Site, including in particular personal information that will have been collected during any registration or ordering process, is subject to the Site's Privacy Policy, which forms an integral part of these General Conditions of Sale and which is accessible here or from a link provided at the bottom of each page of the Site.
Article 13: Applicable law and jurisdiction
These General Conditions of Sale are subject to French law.
In the event of a dispute, subject to having first contacted the Consumer Service and in accordance with the provisions of Article L. 612-1 of the Consumer Code, the Customer may resort to a conventional mediation procedure. As such, the Company is a member of the e-commerce Mediator service of the FEVAD (Federation of e-commerce and distance selling) whose contact details are as follows: 60 Rue La Boétie – 75008 Paris – http:// www.mediateurfevad.fr
The Customer is also free to use the online dispute resolution service offered by the European Commission available at the following address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main .home2.show&lng=EN
In the absence of an amicable agreement between the parties, any dispute resulting from the formation, interpretation or execution of these General Conditions of Sale or any order will be subject to the jurisdiction of the French courts.