Legal notices, general conditions of use and general conditions of sale
Last update : 20-03-2021
Foreword: SANKS is a trademark of BUBBLY TRADE SAS. It is also a trademark, registered with the French INPI on 09/08/2019 under number 19 4 580 061.
Article 1: LEGAL NOTICES
This site, accessible at the URL https://sanks.fr (the "Site"), is published by:
BUBBLY TRADE, SAS registered with the R.C.S. of Reims under SIRET number 80197924600023, whose registered office is located at 31 Rue de la Chaude Ruelle, 51200 EPERNAY, represented by Nicolas Conrad (General Manager), duly authorized,
(Hereinafter referred to as the "Seller").
The individual intra-community VAT number of the Seller is: FR10889692018.
The Site is hosted by the company OVH SAS, 2 rue Kellermann – 59100 ROUBAIX (FRANCE), telephone +33 1007
The Publication Director of the Site is Nicolas Conrad.
The Seller's Customer Service can be contacted:
- At the following number: +33 285 528 839 at the following times – 08:30/18:30 from Monday to Friday.
- Via the contact form on this website
Protection of minors
Pursuant to Article L. 3342-1 of the Public Health Code prohibiting the sale of alcohol to minors under the age of eighteen (18), the customer agrees by validating his order to be eighteen years old on the date of the order.
In any case, alcohol abuse is dangerous for health. To consume with moderation.
Article 2 – SCOPE
These general conditions of sale (the "General Conditions") apply exclusively to the sale of products marketed by the Seller on the Site (the "Products") to any professional customer acting within the framework of his activity and having created a account (the “Client”).
The General Conditions provide in particular the conditions of purchase, payment and delivery of the Products ordered by the Customer. The Customer can refer to the description of each Product appearing on the Site in order to know the characteristics of the latter or request to receive the catalog.
The placing of an order for Products on the Site entails, on the part of the Customer, the prior acceptance without restriction or reservation of the General Conditions, of which the Customer declares to have read.
The General Conditions are made available to Customers on the Site where they can be directly consulted and can also be communicated to them on simple request by any means.
The General Conditions are applicable notwithstanding any stipulation to the contrary appearing in all documents issued by the Customer, and in particular in its general conditions of purchase.
The General Conditions are applicable subject to any stipulation to the contrary appearing in the order form or in the special conditions, if any, concluded between the Seller and the Customer concerned.
Article 3 – PRODUCTS AND AVAILABILITY
The price and the essential characteristics of each Product are described in a technical sheet appearing on the Site and published, as the case may be, by the Seller or its suppliers. This technical data sheet may include descriptions, photographs and graphics which are provided for illustrative purposes only and may be modified/updated on the Site by the Seller.
The Products offered comply with French legislation and European CE standards in force at the time the order is placed.
Offers of Products and prices are valid as long as they are visible on the Site, within the limits of stocks available from the Seller and its suppliers, except in the case of special operations whose period of validity is specified on the Site.
The fact for the Seller to present Products on the Site does not constitute an obligation to market, and this in particular in the event of a shortage of stock, the unavailability of the Products or the impossibility of marketing the said Products, whether it whatever the reason.
In the event that one or more Product(s) is (are) unavailable following the placing of an order, the Seller will inform the Customer in writing of the waiting period for the receipt of the product momentarily unavailable. In this hypothesis:
- The Seller may, with the Customer's agreement, offer at the same price a product of an identical nature to that initially ordered.
- The Customer will have the choice to wait for the availability of the missing Product(s) in order to receive his entire order in a single shipment.
- The Customer may completely cancel the order
- The Customer may cancel the order of the unavailable Products and thus receive the other Products appearing in the order.
Article 4 – CONDITIONS OF REGISTRATION
Any Customer wishing to fully benefit from the Site and purchase Products must:
- Have full capacity and act for strictly professional purposes
- Be of the legal age set by your national legislation for the consumption of alcohol
- Fill in the various fields of the order form (name, surname/first name of the referrer, e-mail address, telephone number, etc.)
- Confirm acceptance of the General Conditions
- Confirm registration
Access to the Site is possible from a computer, smartphone or tablet by connecting to the Site.
Use of the Site requires a broadband internet connection and mobile internet if applicable.
Customers are personally responsible for setting up the IT and telecommunications resources allowing access to the Site.
Article 5 - ORDERS
Any Customer wishing to purchase Products online on the Site must:
- Use the order form
- Provide personal information (surname, first name, company, telephone, company)
- Select the Products he wishes to buy
- Confirm acceptance of the General Conditions
- Confirm acceptance of the Product order
- Choose your payment method
- Make payment for the Products
Except as expressly provided on the Site, the Customer may not modify his order after having validated it, which will be firm and final.
Upon receipt of payment for the Products included in the order, the Seller will send the Customer an email confirming his order to the email address provided by the latter.
The order confirmation email summarizes the essential characteristics of the Product(s) ordered, the total price, and any other relevant element.
By placing an order on the Site, the Customer expressly accepts that the Seller sends him an invoice electronically. However, he may obtain a paper invoice by sending his request to Customer Service.
To fight against fraud, the Seller or its payment or delivery service providers may request additional supporting documents from the Customer or contact the latter at the time of acceptance and/or shipment of the order. In the event of the Customer's unjustified refusal to provide the information and/or supporting documents requested, the Seller reserves the right not to accept or to cancel the order without this being the subject of any dispute.
The Seller also reserves the right not to accept or to cancel the order of any Customer who has provided incorrect information, who does not pay for the Products, with whom there is a dispute relating to the payment of a previous order or which would present an abnormally high level of command.
Article 6 – PRICES CONDITIONS
The Products are marketed at the Seller's price in force appearing on the Site on the day of the order, expressed in euros excluding taxes and fees.
The rates are firm and non-revisable during their period of validity, the parties expressly renouncing to avail themselves of the provisions of article 1195 of the Civil Code (FRENCH).
Any transport, delivery, order processing costs (shipping, packaging, making the package, optional services subscribed by the Customer) and other costs, interest and commissions are indicated in the order summary and are established according to the place and method of delivery selected by the Customer, as well as the type of Product and/or the quantity of Products ordered by the Customer.
Any special request from the Customer subsequent to the order and generating costs (packaging, transport, etc.) will be subject to additional invoicing to the Customer.
The Seller reserves the right to modify its prices at any time for any Products ordered after this modification.
Any price reductions, rebates and discounts may apply to the Products under the conditions provided on the Seller's Site or in any other document communicated to the Customer. In the event of a promotional price, the Seller undertakes to apply this price to any order placed during the promotion period.
Any change in prices resulting from an increase in value added tax or the creation of any new tax based on the price of the Products will be immediately and automatically applied.
Article 7 – BILLING AND PAYMENT CONDITIONS
The Products are invoiced and the price is due in full and payable in cash on the day of the order.
In the event of early payment by the Customer, no discount will be applied. Under no circumstances may payments be suspended or be the subject of any compensation whatsoever without prior written agreement between the Seller and the Customer. Any suspension, deduction or compensation made unilaterally by the Customer will be treated as a default of payment and will entail all the consequences of late payment.
It is expressly agreed that the Customer is validly put in default to pay by the sole exigibility of the obligation, in accordance with the provisions of article 1344 of the Civil Code. In the event of late payment of any of the installments, the Seller reserves the right in particular, without any compensation being due to the Customer, to:
- Demand immediate payment of all sums due in respect of the Products, these becoming immediately payable regardless of their due date
- Refuse any new order or require for any new order a cash payment or a guarantee for the proper execution of the commitments
- Allocate any partial payment first to the non-privileged part of the debt and then to the sums for which payment is the oldest
- Reduce, suspend or cancel orders for Products in progress, [Time limit] days after formal notice which has had no effect, made by the Seller to the Customer
- Apply, without prior notice, to all sums due, from the first day of delay and until full payment, late payment penalties calculated at the rate referred to in Article L.441-6 of the Commercial Code
- Demand the payment of a fixed indemnity of €40 for recovery costs, for each invoice paid late, and the payment of an indemnity equal to 10% of the sums remaining due to him on the Sales of Products, without prejudice to the repair of any damage actually suffered.
- The Seller shall have the option of settling by offsetting, as of right, and without formalities, all sums it may owe, with the Customer's debts to it, whether or not the conditions of legal offsetting are incorporated.
The Customer expressly acknowledges that any order made on the Site is an order with payment obligation, which requires the payment of a price for the Products under the aforementioned conditions.
The Site uses the Stripe online payment solution.
Orders can be paid for using the credit card payment method. Payment is made directly on the secure banking servers of the Seller's bank, the Customer's bank details do not pass through the Site. The bank details provided during payment are protected by an SSL (Secure Socket Layer) encryption process. Bank cards issued by banks domiciled outside France must be international bank cards. Payment via these bank cards is made in cash, without discount.
Article 8 – DELIVERY OF PRODUCTS
The delivery of the Products ordered by the Customer cannot take place until the latter has made effective payment of the amount referred to in Article 6.1 above.
The Products can be delivered in the following geographical areas: Metropolitan France; for any other destination, the Customer must contact the Seller for an estimate.
Upon confirmation of the order and payment by the Customer, the Products will be shipped to the address(es) given by the customer following his order (delivery address for gifts).
In the event of a delivery error resulting from the communication of inaccurate information by the Customer (place of delivery, accessibility of the place or any other problem) resulting in the need to make a new delivery, the related costs will be invoiced to the Customer.
In the event of the Vendor's prior agreement, the Customer may collect the Products ordered from the place indicated by the Vendor.
The delivery times provided for when placing orders are only given as an indication depending on the availability of the Products ordered and the delivery times applied by the Seller's partners.
Delays in delivery, insofar as they are reasonable, cannot give rise to any right to cancel the sale, refuse the goods or claim damages.
The number and condition of the Products must be verified by the Customer at the time of delivery.
The Seller will be required to take back the Products in the event of delivery of Products that are non-compliant or damaged on delivery.
The Customer must have any visible defects, missing products or damage noted in writing with the carrier by clear, precise and complete reservations on the delivery note. The Customer must confirm his complaint with the Seller and the carrier by registered letter with acknowledgment of receipt within 5 days of delivery of the goods.
The Seller will validate the return request and send the Customer a return form by e-mail to attach to the shipment of the Products.
The Customer must return the non-compliant Product to the Seller as soon as possible.
Unless the exclusive responsibility of the Seller is indisputably established or if it is expressly recognized by the Seller, the costs and risks of return will be borne by the Customer. The Seller reserves the right to refuse the return if the Products are not in their original condition.
If the Customer fails to comply with the aforementioned procedure, the Customer will be presumed to have renounced any action against the Seller and/or the carrier and to have received the goods in conformity and in good condition. The Seller will therefore not accept any complaint, return or request for a credit note from the Customer.
Article 9 – OWNERSHIP AND RISKS
RETENTION OF OWNERSHIP
By way of derogation from the provisions of article 1583 of the Civil Code, it is expressly agreed with the Customer that the transfer of ownership of the Products delivered is suspended until full and effective payment of the price in principal, interest, taxes and all incidental costs. . The delivery of drafts, bank checks or any other document creating an obligation to pay does not constitute effective payment in this respect.
Acceptance of deliveries or documents relating to these deliveries constitutes acceptance of this clause.
In the absence of payment of the price on the agreed due date, the Seller expressly reserves the right to consider the sale terminated and to claim the said Products after formal notice by registered letter or bailiff's summons which has had no effect within 5 days of their presentation.
As long as the Products do not belong to the Customer, he is prohibited from disposing of them, in particular from pledging them, exchanging them, transferring them in ownership by way of guarantee. However, by way of tolerance and for the sole needs of its business, the Seller authorizes the Customer to resell the Products. The Customer therefore undertakes to inform his customers, professional resellers, of the existence of the retention of title clause affecting the Products and of the right that the Seller reserves to claim, in their hands, either the disputed Products, either the price.
The Customer also undertakes, in return, to carry out not only at the end of the financial year but permanently, by any means at its convenience, the identification of the Products subject to retention of title. The Customer must include in the assets of its balance sheet the Products subject to the retention of title. Products pending sale are presumed unpaid up to the amount of the seller's claim according to the "first in, first out" (FIFO) rule, i.e. any payment by the Customer will be allocated to the oldest Products and these will be the Products subject of the last delivery which will always be considered as accompanied by the retention of title.
Notwithstanding the fact that the Customer will only have ownership of the Products upon effective payment, the transfer of the risks of the Products to the Customer will take place under the conditions set out below. The Customer therefore undertakes to take every care in the custody and preservation of the said goods.
The Customer immediately notifies the Seller by any means ensuring perfect communication of any fact likely to compromise his right of ownership, in particular the opening of a safeguard, liquidation or receivership procedure, seizure or any other precautionary measure. In the event of the opening of safeguard, liquidation or receivership proceedings, the Customer undertakes to participate in the establishment of an inventory of the Products in its stocks and of which the Seller claims ownership or control. payment and to assist him effectively in the claim procedure introduced with the competent authorities. In the event of seizure or any other precautionary measure on the Products delivered by the Seller,
All legal and judicial costs generated by the recovery of the Products subject to retention of title or their price will be borne by the Customer.
TRANSFER OF RISKS
The Products will be at the expense, risk and peril of the customer from their delivery to the carrier or their removal by the Customer.
In this case, the Seller will be deemed to have fulfilled its obligation to deliver once it has delivered the Products to the carrier and the latter has accepted them without reservations, the Customer having no warranty claim against the Seller. in the event of non-delivery or lack of conformity of the Products upon delivery.
The Customer will therefore take out all useful insurance contracts guaranteeing the risks of loss, destruction or theft of the goods whose risks have been transferred.
Article 10 – WARRANTY
Any return of defective Products or for defects in material, design or manufacture requires the prior written consent of the Seller. Unless the responsibility of the Seller is indisputably established or if it is expressly recognized by the Seller, the costs and risks of return will be borne by the Customer. The Seller reserves the right to refuse the return if the Products are not in their original condition.
Any defective Product may be repaired, replaced with an identical or equivalent product, or refunded, according to the solution that the Seller or the manufacturers concerned deem most appropriate, except in the event of:
- Alteration or modification of the Products
- Abnormal or non-compliant use or use of the Products
- Defects and consequences related to use not in accordance with the use for which the Products are intended
- Defects and consequences related to any external cause
- Normal Wear Products
- Non-compliance with the return procedure by the Customer
In the event of a dispute over the guarantee of a Product, the parties must do their best to reach an amicable settlement of the situation.
In the absence of amicable settlement and in the event of sufficiently serious non-performance by the Seller, the Customer may automatically terminate the sale and obtain, where applicable, damages from the Seller for the purpose of repairing the damage suffered, the Customer renouncing in advance request a forced execution in kind of Products by the Seller or a third party or a proportional reduction of the price, by express derogation from the provisions of articles 1221, 1222 and 1223 of the Civil Code.
Article 11 – AVAILABILITY OF THE SITE
The Seller strives to ensure access to and proper functioning of the Site twenty-four hours a day, seven days a week.
However, the Seller cannot exclude that access to and operation of the Site may be interrupted, in particular in the event of force majeure, malfunctions of the Customers' equipment or internet network, failure of telecommunications operators, interruption of electricity supply , abnormal, illicit or fraudulent use of the Site by a Customer or a third party, decision of the competent authorities, or for any other reason.
The Seller also reserves the right to make to the Site and the Services all the modifications and improvements of its choice related to technical development or proper functioning.
General and temporary interruptions of the Site will, as far as possible, be notified via the Site before they occur, except when these interruptions are of an emergency nature.
Article 12 - RESPONSIBILITY
The Seller's liability cannot be engaged in the event that the non-performance of its obligations is attributable to the Customer, to the unforeseeable and insurmountable event of a third party to the contract or to a case of force majeure within the meaning of article 1218 of the Code. Civil, including, but not limited to, unforeseeable events such as strikes, work stoppages, social unrest, factory closures, floods, fires, production or transport failure not due to his personal fault, breach of supplies, wars, riots, insurrections and more generally any circumstance or event preventing the Seller from properly performing its obligations.
The Seller incurs no liability for any indirect or immaterial damage or prejudice such as financial prejudice, loss of opportunity, loss of profit, loss of contract, loss of order, loss of customers, operating loss, prejudice or disturbance. commercial or image damage, which could result from the delivery of non-compliant or defective Products or the absence of delivery of the Products.
The sale of Products and these General Conditions being in accordance with French legislation, the responsibility of the Seller cannot be engaged in the event of non-compliance with the legislation of another country when the Customer places an order for a Product from from another country.
In any case and in all cases of return, if the responsibility of the Seller were to be retained, it can in no case go beyond the purchase price of the goods paid by the Customer.
In accordance with the provisions of article 2254 of the Civil Code, any legal action by a Customer against the Seller is reached by prescription upon the expiry of a period of one (1) year following the date on which the Customer concerned has knowledge or is presumed to have had knowledge of the harmful event.
Article 13 – RECORDING SYSTEMS
The computerized registers, kept in the computer systems of the Seller and its partners under reasonable security conditions, will be considered as proof of the communications and actions of the Customers and the Seller. The archiving of these elements is carried out on a reliable and durable medium so as to correspond to a faithful and durable copy within the meaning of the applicable regulations.
Each Customer acknowledges the evidential value of the Site's automated registration systems and declares that they waive the right to contest them in the event of a dispute.
Article 14 – PERSONAL DATA
Article 15 – HYPERTEXT LINKS
The hypertext links available on the Site may refer to third party or partner sites. They are provided solely for the convenience of the Customer, in order to facilitate the use of the resources available on the Internet. If the Customer uses these links, he will leave the Site and will then agree to use the third-party sites at his own risk or, where applicable, in accordance with the conditions which govern them.
In any case, the existence of a hypertext link to the Site from a third party site or on the Site to a third party or partner site cannot engage the responsibility of the Seller for any reason whatsoever and in particular as to the availability, content and products and/or services available on or from this third-party or partner site.
The Customer is not authorized to create on a third party site one or more hypertext links linking to the home page of the Site or to its profile page, except with the prior written authorization of the Seller.
Article 16 – INTELLECTUAL PROPERTY
The Seller is the sole owner of all content present on the Site, in particular and without limitation, all texts, files, images, whether animated or not, photographs, videos, logos, designs, models, software, brands, visual identity, database, structure of the Site and all other elements of intellectual property and other data or information which are protected by French and international laws and regulations relating in particular to intellectual property.
Consequently, none of the Content of the Site may in whole or in part be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented or exploited in any other way. , free of charge or against payment, by a Customer or by a third party, whatever the means and/or media used, whether known or unknown to date, without the prior written authorization of the Seller, and the Customer is solely responsible for any unauthorized use and/or exploitation.
In addition, any extraction, integration, compilation, or use for commercial purposes of information contained in the databases accessible on the Site, as well as any use of software, robots, data mining systems and other collection tools of data is strictly prohibited for Customers.
However, the Seller grants to Customers, subject to compliance by the latter with these General Conditions, a non-exclusive and non-transferable right to access the content present on the Site of which it holds full ownership, to download and print them in for personal, non-commercial use.
The Seller is likely to hold intellectual and/or industrial property rights concerning the Products sold to the Customer. As soon as the Customer becomes aware of an infringement of the Seller's intellectual and/or industrial property rights, he must immediately inform the Seller in writing.
Article 17 - DURATION - SUSPENSION - TERMINATION
In the event of a one-off sale or in application of special conditions, these General Conditions are applicable for the duration of each sale of Products carried out between the Seller and a Customer or, where applicable, for the duration of the special conditions concluded with a Customer.
The Seller reserves the right to suspend a Customer's access to the Site permanently or temporarily, in the event of breach by the said Customer of its obligations resulting from these General Conditions.
Furthermore, the Seller or the Customer may terminate the General Conditions as of right in advance by sending a written notification:
- In the event of the occurrence of a case of force majeure as referred to in article 12
- After having notified the other party in the event of a serious breach by the latter of its obligations or under the applicable laws and regulations, which has not been remedied within a period of fifteen (15) days (when it can be remedied) following written notification indicating the nature of the breach and the need to remedy it.
Article 18 - CONFIDENTIALITY
During the term hereof, each party may become aware of or receive confidential information, documents and/or data about the other party. As a result, each party undertakes, both in its own name and in the name of its employees for whom it is acting strongly, to preserve the strict confidentiality of all confidential information, documents and/or data of any kind in connection with the results, activity or clientele of the other party or any information received or obtained from a party within the framework of the contractual relations established.
This confidentiality agreement of the parties is valid, both for the duration hereof and for a period of two (2) years following their expiration or termination.
Article 19 - NOTICES
Any written notification or summons required or permitted under the stipulations hereof will be validly given if it is sent by letter delivered by hand or by hand against delivery receipt, by registered mail with acknowledgment of receipt, or by electronic mail (except in in the event of termination hereof), addressed to the contact details of the party concerned, each party electing domicile at its registered office.
Any change of contact details of a party for the purposes hereof must be notified to the other party in the manner provided above.
Notifications sent by hand or by hand will be presumed to have been made on the date of delivery to the recipient, as evidenced by the delivery receipt. Notifications made by registered mail with acknowledgment of receipt will be deemed to have been made on the date of their first presentation to the recipient's address. Notifications made by email will be deemed to have been made on the date the email is sent.
Article 20 - AUTONOMY AND ABSENCE OF RENUNCIATION
If any of the stipulations of these General Conditions were declared null or inapplicable for any reason whatsoever in application of a law, a regulation or following a court decision that has become final, it would be deemed not to be writing and the other stipulations would remain in force.
The fact that the Seller does not take advantage, temporarily or permanently, of one or more stipulations of the General Conditions shall in no case constitute a waiver.
Article 21 – MODIFICATION
The Seller reserves the right to modify at any time and without notice the content or location of the Site and these General Conditions.
Any use of the Site or order following a modification made to the General Conditions will imply acceptance by each Customer of the said modifications. The most recent and current version of the General Conditions will always be available on the site.
When the changes made to the General Terms and Conditions are considered substantial, these may be brought to the attention of the Customers by e-mail and must be accepted by them when they next connect to the Site.
Article 22 - DISPUTES
Disputes that may arise in the context of the contractual relationship established between the Customer and the Seller must be resolved, as far as possible, amicably.
In the absence of an amicable settlement within a period of one month from the referral of one of the parties, all disputes to which the General Conditions could give rise, concerning their validity, interpretation, execution, termination, their consequences and their suites, will be submitted to the Nantes court.
Article 23 - APPLICABLE LAW & LANGUAGE OF THE CONTRACT
These General Conditions and the resulting operations are governed by and subject to French law. They are written in French. In the event of translation into one or more foreign languages, only the French text shall prevail in the event of a dispute.