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TERMS AND CONDITIONS OF SALE

General Terms and Conditions of Sale of CHARBON, SAS with a capital of 2,000 euros, 
registered in the Lyon Trade and Companies Register under number 908 565 625, 
intracommunity VAT number FR 88908565625, having its registered office at 92 rue 
Pasteur, 69590 Saint Symphorien Sur Coise, France (hereinafter "CHARBON").

1. General provisions

These general terms and conditions of sale apply to sales concluded between CHARBON and any natural person who has reached the minimum legal age required to purchase alcohol (18 years of age in France), or legal entity, acting as a consumer or non￾professional, i.e. contracting solely for personal use and not for commercial resale purposes or on a professional basis (hereinafter "the Buyer"), wishing to purchase products distributed by CHARBON on the www.distillerie-charbon.com website.

 

The present General Terms and Conditions of Sale are fully enforceable against the  Purchaser who has accepted them before placing an order. CHARBON reserves the right to modify these terms and conditions at any time by publishing a new version on its website. 

The terms and conditions then applicable are those in force on the date of payment (or of the first payment in the case of multiple payments) of the order. These GCS can be  consulted on the website: www.distillerie-charbon.com.

 

CHARBON ensures that their acceptance is clear and unreserved by setting up a checkbox and a validation click. The Buyer declares that he/she has read all of these General Terms and Conditions of Sale and accepts them without restriction or reservation. The Buyer acknowledges that he/she has received the necessary advice and information to ensure that the offer meets his/her needs.
The Buyer declares that he/she is legally capable of entering into a contract under French law, or that he/she validly represents the individual or legal entity on whose behalf he/she is entering into a contract.
In the absence of proof to the contrary, the information recorded by the Company constitutes proof of all transactions.

2. Order taking and confirmation

Buyers wishing to purchase from the www.distillerie-charbon.com website must complete the following steps:​

 

  1. Select products in the "Shop

  2. Follow the steps of the order and its validation by clicking on the button "order".

  3. Create an account (optional) by filling in the identification form on which he/she will fill in all the mandatory fields (surname, first name, delivery address, billing address, telephone number, email address, etc.).

  4. Accept the General Terms and Conditions of Sale by ticking the appropriate box after reading them. It is not possible to validate an order without the expresses full and unreserved acceptance of the general terms and conditions of sale specified on the Site. By ticking this box, the Customer acknowledges having full knowledge of these terms and conditions.

  5. Confirm your order after checking it.

  6. Proceed to the online payment of your order.

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CHARBON will acknowledge receipt of the order by displaying a confirmation message 
which will include the order number (an email summarising the order will be sent to the 
Buyer at the same time).
Validated orders are contractually binding on the Purchaser and CHARBON, and constitute a signature and acceptance of the terms of the commercial transaction carried out. 
However, CHARBON reserves the right to suspend or cancel (i) any abnormally high order (which exceeds its available stock), (ii) any order which does not include all the information required for delivery of the products, (iii) any order from a Buyer with whom there is a dispute relating to payment of a previous order, or (iv) any order from a Buyer who does not have the capacity to contract. In this context, CHARBON reserves the right, before confirming an order, to ask the Buyer to provide proof of his/her personal information. If CHARBON does not receive the required proof, it shall have the right to cancel the order. In all cases, the Buyer will be informed by CHARBON.

3. Prices and payment

Prices are given in euros (€), inclusive of VAT and other taxes applicable in France on the day the order is placed, and exclude shipping costs. The prices indicated on the site are therefore valid only for French residents. Any change in the rate of said taxes may be reflected in the price of the Products.


For all requests concerning the shipment of products outside mainland France, please contact our sales department: contact@distillerie-charbon.com.


CHARBON reserves the right to modify its prices at any time, without prior notice, it being understood that the price shown on the site at the time of the order will be the price applicable to the Buyer.
Payment for purchases at the all-inclusive price (taxes, order preparation and delivery charges) is made by credit card (CB, Visa, Mastercard, Paypal).
CHARBON makes every effort to ensure the confidentiality and security of data transmitted to the site.

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The transaction is immediately debited from the Purchaser's credit card after verification of the Purchaser's credit card details, and upon receipt of the debit authorization from the issuer of the credit card used by the Purchaser.
In accordance with Article L. 132-2 of the French Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable. By providing his/her bank card details, the Buyer authorizes CHARBON to debit his/her bank card for the amount corresponding to the All-Inclusive Price. Should it prove impossible to debit the All-Inclusive Price, the Online Sale will be automatically cancelled and the Customer will be informed accordingly.

4. Products for sale

Stocks

Products are offered while stocks last. In the event of total or partial unavailability visible on the site, please contact CHARBON (see "Contact"). CHARBON reserves the right not to validate an order in the event of such unavailability.
In the event of delayed availability of Products beyond the delivery deadline indicated on the order confirmation, CHARBON will propose to the Purchaser either to cancel the order or, within the limit of available stocks, to accept a Product of equivalent quality and price, or to wait for the availability and delayed delivery of the Product ordered.
In the event of definitive unavailability of one or more ordered Products not indicated on the Site, the Purchaser will be informed as soon as possible and will have the option of cancelling his/her order. In the event of cancellation of the order by the Buyer, CHARBON will reimburse the sums paid using the same means of payment as that used for the order, within fourteen (14) days of the date of cancellation.
CHARBON reserves the right, at any time and at its sole discretion, to withdraw one or more  products from sale on the site.

 

Description

Each product presentation is accompanied by a description drawn up by CHARBON. The photographs have no contractual value and in no way engage the responsibility of CHARBON. A change in labeling does not constitute a change in product characteristics.

5. Compliance

In accordance with article L.411-1 of the French Consumer Code, the products and services offered for sale under these GTC comply with current regulations relating to personal health and safety, fair trading and consumer protection. Regardless of any warranty CHARBON remains liable for any lack of conformity or hidden defect in the product.
In accordance with article L.217-4, the seller delivers goods which conform to the contract and is responsible for any defects in conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when the latter is his responsibility under the contract or was carried out under his responsibility.

In accordance with the legal provisions concerning conformity and hidden defects (art. 1641 c. civ.), CHARBON will refund or exchange defective products or products that do not correspond to the order.

 

Refunds may be requested in the following manner: by filing a complaint with Distillerie Charbon, 92 rue Pasteur, 69550 Saint-Symphorien-sur-Coize.

6. Reservation of ownership

Products remain the property of the Company until full payment has been received.

7. Delivery

Delivery is made by carrier to the address indicated by the Purchaser when validating the order.

The Buyer is solely responsible for any default or delay in delivery due to a lack of information or an error in entering information when ordering.

All costs incurred for the reshipment of the order, due to an error in entering information by the Buyer at the time of ordering, will be borne exclusively by the Buyer.

Delivery times will be indicated to the Buyer at the end of the order process. In any event, the maximum delivery time from order confirmation is 2 to 3 days, depending on the availability of the products ordered.

 

The Buyer is responsible for checking the condition of the packages delivered to him/her, and for making any reservations to the carrier on the delivery note before signing for the goods.

In the event of reservations, even if they are indicated clearly, precisely and completely, 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 French Commercial Code.

If the package is refused, the Purchaser may, if he/she wishes, ask the carrier to return the package, which must be accompanied by a “spoliation report”, of which the Purchaser will keep a copy. The Buyer must also send a copy of this letter to CHARBON. Failure to file a claim within the aforementioned period and in accordance with the aforementioned procedures shall extinguish any action against the carrier and CHARBON in accordance with Article L. 133-3 of the French Commercial Code.
 
In the event of late delivery, the order is not cancelled. CHARBON informs the Purchaser by e-mail that delivery will be delayed.
If the order has not yet been shipped upon receipt of the Buyer's cancellation notice, delivery is blocked and the Buyer is reimbursed for any sums debited within thirty days of receipt of the cancellation notice.
If the Order has already been shipped when the Buyer's cancellation notice is received, the Buyer may still cancel the order by refusing the package. CHARBON will then reimburse the sums debited and the return costs paid by the Buyer within thirty days of receipt of the return of the refused package, complete and in its original condition.

8. Withdrawal

Orders are firm, final and not subject to modification or cancellation, except under the conditions set out in this article.
The Buyer has the right to withdraw from this contract without giving any reason within fourteen days of taking physical possession of the order by the Buyer or a third party designated by the Buyer. If this period expires on a Saturday, Sunday or public holiday, it will be extended to the next working day. By way of 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, escape the right of withdrawal and cannot be returned for reasons of hygiene or health protection.

 

Returned products that have been opened or whose labels have been damaged, or that are incomplete, damaged or soiled will not be accepted. Any product that has undergone a transformation will not be reimbursed or exchanged.
To exercise the right of withdrawal, the Buyer must notify CHARBON, whose contact details are specified in the "Contact" article, of his/her decision to withdraw from this contract by means of an unambiguous statement (for example, letter sent by post, fax or e-mail) and must return the products within the aforementioned period, in their original packaging, complete, new, it being specified that the return costs are at the Buyer's expense. In the event of withdrawal by the Purchaser, CHARBON will reimburse all payments received, including delivery costs (with the exception of additional costs arising from the fact that the Purchaser has chosen, where applicable, a delivery method other than the less expensive standard delivery method offered) upon recovery of the good or until the Purchaser has provided proof of shipment of this good, the date retained being that of the first of these facts. CHARBON will make the refund using the same means of payment as that used for the initial transaction, unless a different means is expressly agreed; in any event, this refund will not incur any costs for the Purchaser other than the cost of returning the goods.

9. Legal warranty

Products supplied by CHARBON benefit from the right of withdrawal by operation of law and without additional payment, independently of the right of withdrawal, in accordance with legal provisions,

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  • the legal guarantee of conformity, for apparently defective, damaged or 

  • damaged Products or Products that do not correspond to the order,

  • the legal warranty against hidden defects resulting from a material, design or  manufacturing defect affecting the products delivered and rendering them unfit for use,

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​in accordance with the terms and conditions set out below:
It is recalled that under the legal warranty of conformity, the Buyer has a period of two years from delivery of the good to act against the seller; The Buyer may choose between repair or replacement of the Product ordered, subject to the conditions of cost provided by Article L 217-9 of the Consumer Code; he is exempted from proving the existence of the lack of conformity of the Product during the six months following the delivery of the Product. This period is extended to 24 months as of March 18, 2016, except for used goods.

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​The legal warranty of conformity applies independently of any commercial warranty that may cover the Product. The Buyer may decide to invoke the warranty against hidden defects in the Product in accordance with article 1641 of the French Civil Code; in this case, he/she may choose between rescission of the sale or a reduction in the sale price in accordance with article 1644 of the French Civil Code.
 

In order to assert its rights, the Buyer must inform CHARBON, in writing, of the non-conformity of the Products within a maximum period of 8 calendar days from delivery of 
the Products or the existence of hidden defects within the above-mentioned periods and return the defective Products in the condition in which they were received with all the elements (accessories, packaging, etc.).
CHARBON will reimburse or replace Products or parts under warranty deemed to be non￾conforming or defective. Shipping costs will be reimbursed on the basis of the invoiced rate, and return shipping costs will be reimbursed upon presentation of receipts.
Refunds for Products found to be non-conforming or defective will be made as soon as possible and no later than 14 calendar days following CHARBON's discovery of the non￾conformity or hidden defect.
Reimbursement will be made by crediting the Purchaser's bank account.

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CHARBON cannot be held liable in the following cases:

  • non-compliance with the legislation of the country in which the products are delivered, which it is up to the Buyer to verify,

  • in the event of misuse, use for professional purposes, negligence or lack of maintenance, appropriate storage (in a dry, cool place and protected from light) on the part of the Buyer, as in case of normal wear and tear of the Product, accident or force majeure.

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CHARBON's warranty is, in any event, limited to the replacement or reimbursement of 
Products that do not conform or are affected by a defect.​

10. Force majeure

The execution of CHARBON's obligations hereunder is suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent their execution. CHARBON will notify the customer of the occurrence of such an event as soon as possible.

11. Copyright

All technical documents, products, drawings, photographs given to the Buyer remain the exclusive property of CHARBON, the sole holder of the intellectual property rights on these documents, and must be returned to him upon request.

The Buyer undertakes not to make any use of these documents likely to infringe the industrial or intellectual property rights of CHARBON and undertakes not to disclose them to any third party.

12. Dispute resolution & mediation

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

In accordance with articles L. 111-1, L. 612-1 and L. 616-1 of the Consumer Code, the Buyer is informed that he can have free recourse to a consumer mediator with a view to amicably resolving the dispute. dispute between him and CHARBON after having attempted to resolve the dispute with CHARBON by a written complaint.

In accordance with article L 616-2 of the Consumer Code, the Buyer is also informed of the existence of the European platform for online dispute resolution at the address https://ec.europa.eu/ consumers/odr and the possibility of using it to resolve your dispute through an extrajudicial dispute resolution entity.

13. Opposability and modification of the General Conditions of Sale

Enforceability: The General Terms and Conditions of Sale are enforceable against the consumer, who acknowledges having read them and accepted them without reservation before placing an order, by checking a box provided for this purpose.

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

 

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

14. Competent jurisdiction

Any dispute that cannot be resolved amicably or through mediation will fall under the exclusive jurisdiction of the French courts.

15. Contact

For any information, complaint or question relating to these general conditions of sale, the Buyer can contact CHARBON using the following contact details:

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