Terms of service
ARTICLE 1: PURPOSE
These general conditions of Papilles Cocktails SAS (hereinafter referred to as the "General Conditions") govern the relationship between the company Papilles Cocktails SAS (hereinafter referred to as "Papilles Cocktails SAS"), whose activity is the preparation and sale of cocktails, alcoholic or non-alcoholic, delivered to your home (hereinafter referred to as the "Products"), Papilles Cocktails SAS, registered with the Albi Trade and Companies Register under the number 920 079 993, with its headquarters located at 144 Route de Fauch, 81 000, Albi, and any person (hereinafter referred to as the "Client") wishing to use the website accessible at the address papillescocktails.fr (hereinafter referred to as the "Site") to order one or more Products.
The publication director of the Site is Mr. Alexandre Gonzalez.
The Site is hosted by Shopify, located at 151 O’Connor Street, Ground Floor, Ottawa, Ontario K2P 2L8, Canada, whose website is accessible at: https://www.shopify.com.
Placing an order for a Product on the Site implies the unreserved acceptance of the General Conditions, which the Client acknowledges having read before placing their order.
These General Conditions will prevail over any other document unless agreed upon in writing by Papilles Cocktails SAS.
Papilles Cocktails SAS reserves the right to modify these General Conditions at any time, without notice, with the understanding that such modifications will not apply to orders previously accepted and confirmed by the Client.
ARTICLE 2: PRODUCTS
Papilles Cocktails SAS reserves the right to modify the Product offering at any time without prior notice to the Client.
The Products offered by Papilles Cocktails SAS are "alcoholic beverages" within the meaning of Article L.3342-1 of the French Public Health Code, which states that "the sale of alcoholic beverages to minors is prohibited" and that "the person delivering the beverage must require the customer to prove their age." Therefore, by placing an order, the Client guarantees that they are over eighteen years old. Papilles Cocktails SAS may request any proof of the Client's age and reserves the right to refuse, if necessary, to deliver the order to any Client under eighteen years old, as well as to any Client under the influence of alcohol, narcotics, or medication.
Excessive drinking is dangerous for your health. Consume with moderation.
The consumption of alcoholic beverages during pregnancy, even in small quantities, can have serious consequences on the health of the child.
Papilles Cocktails SAS cannot be held responsible for any damages of any kind related to improper use or excessive consumption of the Products by the Client or those around them.
ARTICLE 3: ORDER
When the Client orders Products by clicking on "Add to Cart" and then confirms their entire order by clicking on "Proceed to Payment," they are considered to have fully accepted the content and conditions of the order, particularly these General Conditions, prices, characteristics, quantities, and delivery times of the ordered Products. Papilles Cocktails SAS will then confirm this order by sending the Client an email and/or SMS.
The offers presented by Papilles Cocktails SAS are valid within the limits of available stocks. In the event of the unavailability of one or more Products after placing the order, the Client will be notified by email and/or SMS and/or phone. The amount of their order will be recalculated, and the Client will be charged the new amount, reduced by the missing Products, without any other compensation.
Papilles Cocktails SAS reserves the right to cancel an order if it is entirely unavailable. The Client will be refunded the costs incurred for that order, without any other compensation.
The purchase and delivery of the Products will only be made within the delivery hours.
Papilles Cocktails SAS cannot be held responsible for any harm suffered by the Client of any kind related to the unavailability of the Products for sale.
ARTICLE 4: PRICE AND PAYMENT
Prices are indicated in euros, all taxes included (at the applicable VAT rate on the day of payment), with the understanding that the Products ordered will be invoiced at the prices in effect at the time of the order.
The prices of the Products do not include delivery charges, the amount of which is communicated prior to the validation of each order.
The prices of the Products may be modified by Papilles Cocktails SAS at any time without prior notice to the Client. However, the Client will be charged at the price applicable at the time of their order and declares that they have taken note of this price and accept the cost before validating it.
The Client pays for their order online by credit card. The Client guarantees Papilles Cocktails SAS that they are fully authorized to use the credit card for the payment of their order and that the credit card used has sufficient funds to cover all the costs resulting from their order.
The Client's account is debited at the time of the order processing by Papilles Cocktails SAS.
Papilles Cocktails SAS reserves the right to suspend or cancel any order in the event of refusal of payment authorization by credit card, non-payment, or payment incident.
The delivery of any new order may be suspended in the event of delayed payment or difficulty in paying for a previous order.
Papilles Cocktails SAS takes all necessary measures to ensure the security and confidentiality of data transmitted online.
It is the Client's responsibility to save and print their payment receipt if they wish to keep the bank details related to their transaction.
ARTICLE 5: DELIVERY
The delivery of the Products is only offered within the delivery area and during the delivery hours determined by Papilles Cocktails SAS and displayed on the Site.
Orders outside this geographical area or outside the ordering hours will not be processed.
If Papilles Cocktails SAS mistakenly accepted an order that does not correspond to the delivery area or delivery hours, that order may be canceled by Papilles Cocktails SAS without any liability on its part. The Client will then be refunded the costs incurred for that order, without any other compensation.
The delivery times displayed on the Site are indicative and correspond to the average processing and delivery times, which do not bind Papilles Cocktails SAS. The delivery time will be indicated to the Client by email and/or SMS and/or phone. If applicable, the Client will be informed in a timely manner of the additional waiting time.
The Products will be delivered to the address provided by the Client when placing their order.
The order must be picked up by the Client directly from the courier at the bottom of the building at the indicated address.
When placing an order, the Client agrees to provide accurate information about their personal data. If the information provided does not allow the courier to deliver the order, Papilles Cocktails SAS reserves the right to cancel the delivery without refund or any compensation.
Papilles Cocktails SAS will not be responsible in case of the Client's delay in receiving the order. A second delivery may be arranged, with the Client responsible for the delivery costs. The delivery time will then be determined by Papilles Cocktails SAS.
Papilles Cocktails SAS delivers all of its Products fresh and is committed to ensuring their proper preservation during transport.
In case of an error in the order received by the Client attributable to Papilles Cocktails SAS, Papilles Cocktails SAS agrees to refund the amount of the non-delivered Products without any other compensation.
In the event that Papilles Cocktails SAS fails to fulfill its delivery obligation, the Client may terminate the contract under the conditions set forth in Article L. 216-2 of the French Consumer Code. The Client will then be refunded the costs incurred for the concerned order without any other compensation.
ARTICLE 6: PERSONAL DATA
In accordance with the amended law No. 78-17 of January 6, 1978, relating to data processing, files, and freedoms, Papilles Cocktails SAS informs the Client that it respects the confidentiality, integrity, and security of the data provided when ordering on the Site.
The personal information and data collected by Papilles Cocktails SAS are necessary for order management. They also help to improve and personalize the services offered and the information sent to Clients.
The processing of personal data collected by Papilles Cocktails SAS has been declared to the National Commission for Data Protection and Liberties.
The Client is informed that they have the right to access, oppose, rectify, and delete their data.
As such, they may request that inaccurate, incomplete, ambiguous, outdated information, or information whose collection, use, communication, or retention is prohibited, be rectified, completed, clarified, updated, or deleted.
The Client may exercise this right at any time by contacting Papilles Cocktails SAS via the contact form available on the Site, providing their first name, last name, and email address.
Papilles Cocktails SAS will do its best to make the requested changes as soon as possible.
ARTICLE 7: USE OF COOKIES ON THE SITE
To better understand the behavior of its Clients, the Site may use "cookies." These are small text files stored on the Client's computer hard drive that do not allow the identification of the Client but record information related to the navigation of a computer on a website.
The use of cookies, whether first-party or third-party, requires the Client's express consent. The Client may express their consent or oppose the use of cookies by configuring their connection device accordingly.
The Client is informed that if they oppose the installation of cookies or proceed with their deletion, the use of the Site may be altered or even impossible.
ARTICLE 8: INTELLECTUAL PROPERTY
In general, the Client is prohibited from infringing upon the intellectual property rights (copyright, related rights, sui generis rights of the database producer, trademark rights, domain names, etc.) of Papilles Cocktails SAS and/or any third party.
Papilles Cocktails SAS holds all intellectual property rights over the structure and content of the Site (names, texts, recipes, images, software, icons, sound elements) or has regularly acquired the rights allowing the exploitation of the structure and content of the Site.
Any reproduction, representation, or adaptation, in whole or in part, of these elements requires the prior written consent of Papilles Cocktails SAS.
Failure to comply with these prohibitions may constitute an act of counterfeiting and/or unfair and parasitic competition, engaging the civil and/or criminal liability of the Client.
ARTICLE 9: NON-COMPLIANCE WITH THE GENERAL CONDITIONS BY THE CLIENT
Failure by the Client to fulfill the obligations under these General Conditions, as well as any payment incident or any behavior contrary to the interests of Papilles Cocktails SAS, such as providing false information, may result in the suspension of access to the services of Papilles Cocktails SAS.
ARTICLE 10: RESPONSIBILITY OF PAPILLES COCKTAILS SAS
The responsibility of Papilles Cocktails SAS under the obligations of these General Conditions cannot be engaged in cases where the non-performance of its obligations is attributable to a third party, to the fault of the Client, or to the occurrence of a force majeure event.
In accordance with Articles L.217-4 and following of the French Consumer Code, Papilles Cocktails SAS delivers a Product in conformity with the contract and is responsible for any lack of conformity existing at the time of delivery. In the event of a lack of conformity, the Client may request the replacement of the Product. The Client is exempt from providing proof of the existence of the lack of conformity of the Product within twenty-four months following the delivery of the Product. The Client has a period of two years from the delivery of the Product to act under the legal warranty of conformity.
The legal warranty of conformity applies independently of any commercial warranty that may be granted.
Furthermore, Papilles Cocktails SAS is liable for hidden defects of the item sold under the conditions provided for in Articles 1641 and following of the French Civil Code. The Client may decide to implement the warranty against hidden defects of the Products. In this case, they can choose between canceling the sale or reducing the sale price of the Products.
To the extent permitted by applicable law, any other warranty is expressly excluded by Papilles Cocktails SAS in relation to the Client. In particular, Papilles Cocktails SAS does not guarantee that the use of the Site will be free from anomalies, errors, or bugs, nor that they can be corrected, nor that the Site will function without interruption or failure.
ARTICLE 11: RIGHT OF WITHDRAWAL
In accordance with Article L.221-28-4 of the French Consumer Code, the right of withdrawal cannot be exercised for contracts for the supply of goods that are likely to deteriorate or expire rapidly, which includes the Products.
Therefore, the Client cannot claim any right of withdrawal. The Products sold by Papilles Cocktails SAS are not refundable or exchangeable, except in the case of an error attributable to Papilles Cocktails SAS, particularly in the event of the delivery of Products that do not correspond to the Client's order.
ARTICLE 12: PARTIAL INVALIDITY
In the event that one or more clauses of the General Conditions are considered invalid by a competent court, the other clauses will retain their full effect and scope.
The clause considered invalid will be replaced by a clause whose meaning and scope are as close as possible to the invalidated clause while remaining in compliance with applicable law and the common intention of Papilles Cocktails SAS and the Client.
ARTICLE 13: APPLICABLE LAW
The interpretation, validity, and execution of these General Conditions are subject to French law.
ARTICLE 14: COMPETENT JURISDICTION
In accordance with Articles L.612-1 to L.612-5 of the French Consumer Code, the Client has the right to resort, free of charge, to a consumer mediator with a view to the amicable resolution of the dispute between them and Papilles Cocktails SAS.
The Client may request the resolution of the dispute from one of the mediators competent in electronic commerce and distance selling matters, including one of the mediators listed by the Ministry of Economy and Finance accessible at the address: http://www.economie.gouv.fr/mediation-conso/saisir-mediateur.
In the absence of an amicable resolution, any dispute, disagreement, or claim arising from and/or related to these General Conditions will be submitted to the competent French jurisdiction according to the applicable legal provisions.