Legal notices GCS

Legal notices – GCS – Privacy policy

Legal Notice :

Owner of the site: cocktail connexion

Individual business

Head office:  15 boulevard Gabriel Guist'hau NANTES 44000, FRANCE 

SIRET: 911 287 100 00018

Self-employed company registered with the CCI

VAT identification number : FR 23911287100

Contact us :

Responsible for the publication: cocktail connexion

Hosting: Shopify.com

T&Cs:

CLAUSE 1: PURPOSE

These General Conditions of Sale and Service are intended to define the contractual relationship between cocktail connexion and the Customer, as well as the conditions applicable to any purchase made from cocktail connexion . The acquisition of a product, merchandise or service from cocktail connexion implies unreserved acceptance by the Customer of these General Terms and Conditions of Sale and Service, of which he acknowledges having read prior to his order, that whether or not they are signed by both parties.

These General Terms and Conditions of Sale and Service are available on request and accessible at any time on the EI cocktail connexion website, www.cocktailconnexion.com ; therefore they are assumed to be known to the Client.

Cocktail connexion retains the possibility of modifying these General Conditions of Sale and Service at any time, in order to comply with any new regulations or with the aim of improving the use of its website. Therefore, the applicable conditions will be those in force on the date of the order by the Customer.

These General Conditions of Sale and Service are the exclusive property of Cocktail Connexion, so any reproduction, even partial, is strictly prohibited and may lead to prosecution, in accordance with the legislation in force.

Before any transaction, the Customer declares that the purchase of products and goods on the aforementioned Cocktail connexion website is not directly related to his professional activity and is limited to strictly personal use.

CLAUSE N° 2: DESCRIPTION OF PRODUCTS AND SERVICES

Products:


All Shakers, bar accessories, ice cube accessories and in general any product sold directly by Cocktail connexion on the Cocktail connexion website, www.cocktailconnexion.com, via the “Online store”.

CLAUSE N°3: ORDER

When the Customer's contact details are requested to validate an order, the latter undertakes to communicate complete, accurate and up-to-date information, and not to usurp the identity of a third party. In the event of breach of these conditions, Cocktail connexion will not be able to validate the order and reserves the right to retain all sums paid.

Any order for goods may be made online in the "Online Shop", for the products offered there.

The products offered on the "Online Shop" are on the cocktail connexion website, within the limits of available stocks. Cocktail Connexion reserves the right to modify the assortment of products at any time. Each product is presented on the website in the form of a description containing its main technical characteristics. The Customer selects the product(s) he wishes to order after having consulted the description and thus filled his "basket". He can modify it if necessary until the validation of his order. To validate an order, the Customer must fill in all the information requested and ensure its validity, whether he chooses to create a customer account or not. The payment of an order, total or partial, or the issuance of its invoice validates the order and constitutes acceptance of its price, its content and these General Conditions of Sale and Service. The validation of a service order will be notified by email, mail or telephone to the customer as soon as the validation conditions are met. All orders are subject to the prior acceptance of Cocktail Connexion, which reserves the right to refuse any order from a Customer with whom there is a dispute, whatever its nature.

Cocktail connexion can in no way be held responsible in the event of an input error or transmission of an input error that does not allow the validation of an order. The information provided by the Customer when ordering commits the latter: in the event of an error in the wording of the recipient's contact details, Cocktail connexion cannot be held responsible for the impossibility in which it could be to deliver the goods or services. . Therefore, the Customer has a period of thirty days (30 days) to rectify his data and recover his order; after this time it will be canceled and the full amount paid cannot be refunded.

CLAUSE N°4: RIGHT OF WITHDRAWAL

When purchasing a "Gift Voucher" or any product sold online by Cocktail connexion on its website, the Customer has a right of withdrawal of fourteen days (14 days) from the conclusion of the contract. , except for exceptions provided for by the Consumer Code. For any purchase of a product or service provided at Cocktail connexion, at a fair or show, the Customer has no withdrawal period.

In the event of exercise of the right of withdrawal by the Customer, the latter must inform Cocktail connexion in writing, without justification, within the time limit, using the withdrawal form available on the cocktail connexion website . From then on, only products returned intact, in perfect condition and in their original packaging will be taken back. Any product that has been damaged, or whose original packaging has been damaged, will not be refunded.

Once the order has been cancelled, Cocktail connexion must reimburse the sums paid in full without charging any penalty, only the return costs remaining exclusively at the Customer's expense. Reimbursement by Cocktail connexion must take place within fourteen days (14 days) following the date of return, letter of denunciation or proof of shipment of the product by the Customer.

If the Seller is late, he will owe the buyer interest in addition to the refund. This interest to the consumer is calculated at the legal rate in force. In the event that a deposit has been paid to the seller, they are not refundable. On the other hand, if it is the seller who has canceled the sale, the deposit will be fully refunded.


CLAUSE N°5: PRICE

The prices of goods and services sold are those in force on the day the order is taken. They are denominated in euros and calculated excluding tax. Consequently, they will be increased by the various taxes and transport costs applicable on the day of the order.

On the other hand, the prices indicated on the “Online Shop” are denominated in euros and calculated All Taxes Included (TTC), according to the VAT in force.

Cocktail Connexion grants itself the right to modify its prices at any time. However, it undertakes to invoice the goods and services ordered at the prices indicated when the order is registered.

CLAUSE N°7: DISCOUNTS AND DISCOUNTS

The rates offered include the discounts and rebates that Cocktail connexion would have to grant taking into account its results or the assumption by the Customer of certain services.

CLAUSE N°8: DISCOUNT

No discount will be granted in the event of early payment.

CLAUSE N°9: TERMS OF PAYMENT

For any product order on the Cocktail Connexion website, via the “Online Shop”, payment is due in full upon validation thereof, by online payment.

For any other order on estimate, the payment of a deposit from the order may be required if the amount of the invoice is greater than or equal to fifty euros excluding tax (€50 excluding VAT). Payment of the said invoice is due upon receipt thereof, with a maximum period of 10 days.

When registering a personalized order, whether for a product or a service, the customer must pay Cocktail connexion a deposit or full payment of the invoice upon placing the order, the balance to be paid the day of the service(s) or receipt of the product(s).

The payment of orders is made:

  • either by bank card,
  • or by bank transfer for professionals

For product orders made online in the "Online Shop", payment is secured by credit card. The next step offers the Customer to check all the information, read and accept the general conditions of sale, use or service by checking the corresponding box, then invites him to validate his order by clicking on the button "Order". If the payment is accepted, the order is recorded and the contract definitively formed. It is irrevocable.

In the event of fraudulent use of a credit card, the Customer may demand the cancellation of payment by card, the sums paid will then be recredited or returned. The responsibility of the holder of a credit card is not engaged if the disputed payment has been proven to have been made fraudulently, remotely, without physical use of his card. To obtain reimbursement of the fraudulent debit and any bank charges that the transaction may have generated, the cardholder must contest, in writing, the direct debit from his bank, within 70 days following the transaction, or even 120 days if the contract binding him to the latter so provides. The amounts debited are reimbursed by the bank within a maximum period of one month after receipt of the written dispute filed by the bearer. No cost of restitution of the sums can be charged to the holder.

Confirmation of an order entails acceptance of these General Conditions of Sale and Service, acknowledgment of having perfect knowledge of them and waiver of the right to avail oneself of its own conditions of purchase. All the data provided and the recorded confirmation will constitute proof of the transaction. The Customer must enter his email address so that cocktail connexion communicates to him the confirmation of his order and his payment.

If the Customer wishes to contact cocktail connexion, he can do so by e-mail at the following address: contactpopotier@gmail.com 

CLAUSE N°10: LATE PAYMENT

In the event of total or partial non-payment of the goods delivered on the day of receipt, the Customer must pay cocktail connexion a late payment penalty equal to three times the legal interest rate.

The rate of legal interest retained is that in force on the day of delivery of the goods; it will be revised every 6 months (Ordinance n°2014-947 of August 20, 2014). This penalty is calculated on the amount including VAT of the amount remaining due, and runs from the due date of the price without any prior formal notice being necessary.

Pursuant to Articles 441-6, I paragraph 12 and D 441-5 of the Commercial Code, in addition to late payment compensation, any sum, including the deposit, not paid on its due date will automatically produce the payment of a fixed indemnity of 40 euros due for recovery costs.

CLAUSE N°11: CANCELLATION CLAUSE

If within fifteen days following the implementation of the "Late payment" clause, the Customer has not paid the sums remaining due, the sale will be canceled as of right and may give rise to the right to compensation for damages. and interests for the benefit of cocktail connexion.

CLAUSE N°12: RETENTION OF OWNERSHIP CLAUSE

cocktail connexion retains ownership of the goods sold until full payment of the price, in principal and in accessories. As such, if the Customer is subject to receivership or judicial liquidation, cocktail connexion reserves the right to claim, within the framework of the collective procedure, the goods sold and remained unpaid.

CLAUSE N°13: DELIVERY

Delivery is made:

  • either by direct delivery of the goods to the Customer,
  • either at the place indicated by the Customer on the order form, exclusively in metropolitan France and on estimate.
  • either in "Collection Point" for orders placed in the "Online Shop",
  • either delivered directly to the Customer by EI cocktail connexion or through a carrier

In order to be able to withdraw his order, the Customer must present two supporting documents: an identity document and an order number. To avoid any contestation of delivery and request for reimbursement, the Customer must date and sign the order form to provide proof of withdrawal.

In the event of non-collection of an order by the Customer on the days and times provided, at a "Relay Point", the latter must contact cocktail connexion exclusively, by mail, e-mail or telephone within five (5) working days. to organize the recovery of the goods. After this period, the order will be considered canceled, the goods will remain the property of cocktail connexion and the Customer may request a full refund by registered letter addressed to I cocktail connexion – 5 rue des artisans / 35133 Javené.

When the goods are delivered, directly or indirectly, by the cocktail connexion, in the event of items missing or damaged during transport, the Customer must make all the necessary reservations on the delivery note upon receipt of the said goods. These reservations must also be confirmed in writing within five days (5 days) of delivery, by registered mail AR.

When the transport of the goods from the cocktail connection headquarters or any other place agreed between the two parties is provided directly or indirectly by the Customer, the latter must ensure the conformity of the goods and their condition before departure. . Once the Customer has accepted the goods, EI cocktail connexion cannot be held liable in any way whatsoever in the event of a missing or damaged item.

CLAUSE N°15: INTELLECTUAL PROPERTY

All elements of the website www.cocktailconnexion.com are and remain the exclusive intellectual property of EI cocktail connexion. No one is authorized to reproduce, exploit, or use for any reason whatsoever, in whole or in part, one or more elements of the website, whether in the form of a photo, logo, visual, text or any other form. .

CLAUSE N°15 BIS: LEGAL GUARANTEES

The products and services sold by cocktail connexion are guaranteed in accordance with the legal provisions of the Consumer Code and the Civil Code. Thus, the Customer benefits from the legal guarantee of conformity under the conditions of articles L. 217-4 and following of the Consumer Code and the guarantee against hidden defects under the conditions provided for in articles 1641 to 1648 and 2232 of the civil code.

When the Customer acts within the framework of the legal guarantee of conformity:

– he has a period of two years from delivery of the property to act;

– he can choose between repairing or replacing the good, subject to the cost conditions provided for in article L. 217-9 of the Consumer Code. If the repair or replacement is impossible or cannot be implemented without major inconvenience for the Customer given the nature of the product and the use sought by the Customer, or if they could not be carried out in a within one month, the Customer can return the product and be reimbursed or the Customer can keep the product and be reimbursed for part of the price, however if the defect is minor, the resolution of the sale cannot be pronounced;

– it is exempted from providing proof of the existence of the lack of conformity of the goods during the two years following the delivery of the goods, except for second-hand goods for which the Customer is exempted from providing proof of the existence of the lack of conformity of the good during the six months following the delivery of the good.

The legal guarantee of conformity applies independently of the commercial guarantee that may be granted.

The Customer may also decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code during the two years following the discovery of the defect, within the limit of 5 years after the purchase. . In this case, the Customer can choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.

It is up to the Customer to provide proof of the existence of the defect.

Art. L.217-4 of the Consumer Code:

“The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery.

He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. “

Art. L.217-5 of the Consumer Code:

“The property is in accordance with the contract:

– if it is specific to the use usually expected of a similar good 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;

– 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. “

Art. L.217-12 of the Consumer Code:

“The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. “

Art. L.217-16 of the Consumer Code:

When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, for a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the remaining warranty period.

This period runs from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.

Art. 1641 of the Civil Code:

“The seller is bound by the guarantee on account of hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or I would have paid a lesser price for them, if he had known them. “

Art. 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. “

CLAUSE N°16: PERSONAL DATA PROTECTION POLICY

In accordance with the legislation in force, cocktail connexion undertakes to ensure the protection, confidentiality and security of the personal data of its Customers. Thus, this Personal Data Protection Policy informs you about how cocktail connexion and its potential partners process your personal data.

– Why does Cocktail connexion process your data?

We only ask for a minimum of personal data from our Customers. They are essential, to validate an online order on the "Online Shop", to ensure delivery or after-sales service. Whatever data is collected, it is only processed for specific, explicit and legitimate purposes, within the framework of the execution of a contract.

– What data is requested and kept by cocktail connexion?

Cocktail connexion requires the minimum information necessary to identify the Client or the Beneficiary of a “Gift Voucher”. You may therefore be asked for the following information:

– Surname and first name of the Customer or the beneficiary of the Service or of the “Gift Voucher”,

– Customer’s email address,

– Customer's telephone number,

– Customer billing and/or delivery address,

– RIB or bank details of the Customer,

- Order history

Cocktail connexion has no access to the credit card data used during secure payment by STRIPE. The use of these means of payment therefore complies with their own General Conditions.

– How long are your data kept?

Your data is kept by cocktail connexion without time limit after the end of the execution of the contract.

– Are your data used for other purposes?

La cocktail connexion undertakes to use your personal data for three reasons:

– the proper performance of the contract,

– their use for statistical purposes internal to the connection cocktail,

– the sending of postal and/or electronic mail to inform you of offers, promotions, gifts, contests, news, Newsletter, or any other sending decided by the connection cocktail.

Thus, your data will never be transmitted to anyone. The data processed may be transmitted to the competent authorities, at their request, in the context of legal proceedings, requests from the authorities or in order to comply with other legal obligations.

- What are your rights ?

You have the right to access, rectify and delete data concerning you. You also have the right to oppose the processing carried out or to request its limitation. You can issue instructions on the retention, deletion or communication of your personal data after your death.

– How to exercise your rights?

All requests must be accompanied by a photocopy of proof of identity, then a response will be sent to you within one month (1 month) of receipt of your request.

You can exercise your rights at any time, by mail to the following address:

EI cocktail connection – 5 rue des artisans / 35133 Javené

– Possibility of entering the CNIL

If you are not satisfied with your exchanges with cocktail connexion, you can file a complaint with the Commission Nationale de l'Informatique et des Libertés (CNIL), the supervisory authority in charge of compliance with obligations in terms of personal data. In France.

– Modification of the personal data protection policy

This Personal Data Protection Policy may change.

CLAUSE N°17: FORCE MAJEURE

The responsibility of cocktail connexion can not be implemented if the non-execution or the delay in the execution of one of its obligations described in these General Conditions of Sale and Service results from a case of force majeure. . As such, force majeure means any external, unforeseeable and irresistible event within the meaning of article 1148 of the Civil Code.

CLAUSE N°18: DISPUTE AND MEDIATION

Any dispute relating to the interpretation and execution of these General Conditions of Sale and Service is subject to French law.

In the event of a dispute or complaint, it is recommended that the Customer approach cocktail connexion in order to find an amicable solution.

In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, cocktail connexion adheres to Mediation – Living better Together, whose contact details are as follows: Mediation – Living better Together – 465 Avenue de la Liberation – 54000 NANCY. After prior written action on your part, the Mediator Service may be contacted for any consumer dispute whose settlement has not been successful.

In the absence of an amicable agreement between the Parties, the dispute will be submitted to the French courts.

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