TERMS AND CONDITIONS OF SERVICE
The present « Terms and Conditions of Services » (« TCS ») is deemed to be complete and updated, and solely enforceable concerning commercial relationships between you and LE VADROUILLEUR, sole owner and representative of the following website: www.levadrouilleurspirits.com
Your explicit acceptation of the present TCS is mandatory in order to validate your orders, and implies your explicit and consent without reserve to their application.
LE VADROUILLEUR attests its good faith and takes all necessary means and measures for the right execution of its contractual obligations.
Any specific contract potentially added to the present TCS will be notified for explicit acceptation or simple notification as the case may be.
PART 1: Object and application of the TCS
Article 1. Definitions
The parties mutually decide to use the following terms for the good understanding of their mutual commitment:
The Site: the website accessible via the following address www.levadrouilleurspirits.com, as a whole, including all potential subdomains, both in its consultation or application parts.
LE VADROUILLEUR: refers to the company Maison LC 1901 SAS, owner, editor and sole representative of the Site, the brand and of the business name “LE VADROUILLEUR”, as designated in the in the Legal Notices.
User: refers to any natural or legal person who consults the Site and uses its functionalities.
Client: refers to any User who validates at least one order of a Product on the Site.
The Parties: refers to, together, LE VADROUILLEUR and the Users and/or who LE VADROUILLEUR and the Clients who agreed the present Terms and Conditions of Service.
Third party: refers to any person who is not party to the TCS.
The TCS: the present whole and indivisible agreement that governs entirely and exclusively the User’s registration and use of the Site, as well as validation of orders of Products, by any User and/or Client. This agreement may also be named “Contract” or “Terms and Conditions”.
The Privacy Policy: the indivisible document that constitutes the entirety of LE VADROUILLEUR commitments concerning personal data collecting and processing through the Site. The Privacy Policy is accessible here.
The Services: refers to the entirety of free or paying services provided by LE VADROUILLEUR via the Site.
The Products: refers to all products, physical or dematerialized, to be purchased on the Site.
The Information: designates all information published on the Site by LE VADROUILLEUR.
The Content: designates all content, information and data entered by the Users, that are destined to fill their account and/or to be published on the Site (reviews, comments, etc.).
The Data: refers to management data provided by the User/Client in order to be able to use the Site and its functionalities.
Article 2. Object of the Contract
. The present TCS reflect the real and common intention of the Parties.
. The present TCS govern entirely and exclusively the use of the Site, including all applications and functionalities, as well as contractual relationships between the Parties.
. The present TCS define the modalities of subscription or order of Products and Services from LE VADROUILLEUR, modalities and conditions of use of such Products and Services, mutual obligations of the Parties in this field, as well as modalities of disputes resolution.
. In particular, the TCS fix the conditions under which Information and Content can be used, concerning all potential copyright.
. Users understand and admit that all potential complementary document that are sent to them, in particular by e-mail after validation of their orders, and in addition to the present TCS and to the Privacy Policy, concerning in particular any legal notes relative to (french) Loi Evin and consumption of alcohol, are informative and don’t commit LE VADROUILLEUR. (for example, any “Information Notice”, etc.).
. All potential formal annex or amendment to the present TCS shall always be notified as integrated to LE VADROUILLEUR contractual mechanism, and the consent potentially required for their application shall be systematically obtained by the latter before their effective application.
Article 3. Extent of the TCS
Article 3.1. Indivisibility
. The present TCS are indivisible. Its acceptation, explicit and without reserve, is applicable to the whole, with the exception of the clauses that cannot by nature be applied.
. Acceptation of the present TCS is expressed in one time by the Client, at the moment the validation of his order. Such agreement waives renunciation to any previous contrary declaration.
. As a consequence, Users can in no case whatsoever renounce voluntarily and unilaterally to the application of one or several clause(s) of the present TCS as a whole.
. Potential modification or substitution by LE VADROUILLEUR of one or several clause(s) of the present TCS, for any reason, doesn’t constitute renunciation to the whole.
. Also, in the case when a potential judiciary procedure should lead to recognize the invalidity of one or several clause(s) of the present TCS, such invalidity shall by principle apply only to the clause(s) that are explicitly concerned by such procedure, except if the invalidity of the whole is provided by the Law or deemed to be acquired by enforceable court decision.
Article 3.2. Interpretation of the clauses
. Should a conflict of interpretation arise between the content of the clauses of the present TCS and their title, priority will be given to the content of the stipulations.
. All time limits applicable under the present TCS shall be considered as business days.
Article 3.3. Legal capacity
. The Clients full legal capacity to contract with LE VADROUILLEUR is deemed to be valid by the latter, who reserves right to ask for any potential complementary justification (age, civil status, etc.)
. In particular, and by application of (french) Loi Evin, Products are not available for underage Clients, which is clearly indicated on the Site and/or on Products sheets. Users and Clients accept that they must mandatorily attest that they have legal age in their country, at the same time when they accept the present TCS, in order to validate their orders on the Site.
. The Client must provide the information requested by LE VADROUILLEUR in order to validate orders. The Client admits being fully responsible for providing such Data, in order to complete perfectly the transactions on the Site, and of the consecutive obligations towards LE VADROUILLEUR.
Article 3.4. Modification of the Site and modification of the TCS
. LE VADROUILLEUR reserves exclusive right to modify the terms of the present TCS, fully or partly, as well as to offer special conditions, annexe(s) or additional clause(s), at any time and without having to justify, if such modification(s) is/are necessary to follow a legitimate legal or commercial purpose (especially concerning technical and/or legal evolution), and without undertaking substantial modifications. Potential modification shall not be considered as a waiver from LE VADROUILLEUR to the application of the entire TCS.
. By principle, any modification of the present TCS shall be applicable to new orders and not to current orders (not totally completed).
. It is then admitted that the contract presented for acceptation during the orders validation process is deemed to be updated and stays the sole contract enforceable between the Parties.
. The Client admits that in he case when he refuses the conditions that are presented during the order process, validation of such order is not possible.
. LE VADROUILLEUR reserves exclusive right to propose validly special offers and conditions of sale at any time, that are applicable for the time period specified directly online, in the Cart or any other document, before the validation of the subscription or order.
. Any specific clause of the present Contract explicitly specified and accepted as such, prevails on its general clauses in case of potential contradiction.
Article 4. Collaboration and Information duty
. The Parties commit to collaborating actively and in good faith for the good execution of the present TCS, and to a general mutual information obligation.
. In particular, the Client commits to engaging all necessary reasonable means to guarantee LE VADROUILLEUR against any loss, damage, or claim concerning (or not) the use of its Products and Services, during and after the execution of the present Contract.
. The User admits without reserve his own duty of collaboration and commits to providing exact and authentic information, and to report his specific needs as the case may be.
. LE VADROUILLEUR shall then not be held responsible, partly or fully, for any breach of its obligations to advise and inform, that would result from the User’s silence about one or several element(s) that could determine his commitment, in particular regarding the use he intends to make of it, and especially if such use stands out from standard uses of the offered Services, or concerning specific delivery time limits that the latter would not have communicated to before the validation of his or her order.
. In particular, the order and the use by the Client of Services and Products in the field of fabrication and consumption of alcoholic beverages, which benefits for the Client depend on various factors that are not under the control of LE VADROUILLEUR, shall not engage the latter’s responsibility, and especially if such use stands out of the normal use if such Products and Services.
Article 5. Reciprocal independence
. The Parties reciprocally declare that they are totally independent. The present TCS object or effect is not, in no way whatsoever, to associate and/or confuse the respective activities of the Parties, and does not constitute a mandate nor a representation agreement in no way whatsoever.
. The Parties preserve the charge and the monopoly of all decisions in the filed of social, accountancy, tax, and legal field in general. Default of one of the Parties, even partly, shall not bind nor entail the responsibility of the other Party.
. As a consequence, the Parties declare themselves independent regarding all potential contractual relationships with any third-parties and under their own respective responsibility. The Parties shall be responsible of any potential damage suffered by the other Party, as part of the execution of another potential contract with a third-party.
. The User is fully responsible of his own activities, whether they shall be professional or not, and whether they shall concern the Site or not, and for potential creation, divulgation, dissemination, transfer or false or misleading advertising concerning LE VADROUILLEUR and its potential partners.
Article 6. Site and Services availability
. LE VADROUILLEUR attests implementing all necessary means in order to allow the Site’s availability and access to the Site 24 hours per day and 7 days a week, as well as an optimum use of it on a technical level, except in case of force majeure; LE VADROUILLEUR is subject only to an obligation pertaining to means.
. The User also fully waives LE VADROUILLEUR responsibility for any dysfunction, potential temporary suspension of Services and/or access to the Site made impossible, resulting from an event which is not under the control of LE VADROUILLEUR (technical hazards, perturbation of the internet network, etc.), or for necessary punctual maintenance or update operations.
Article 7. Updates of Services and the Site
. LE VADROUILLEUR commits to maintaining the Services updated and effective in normal conditions of use, and does not guarantee any specific compatibility.
. Information published on the Site are provided for information purpose and are likely to be modified, which is fully accepted by the Client/User, as well as the potential modification of the functioning of the Services in any cases of necessary minor or major update.
. The User admits that he should facilitate as much as possible all necessary interventions destined to update the Services, and guarantee LE VADROUILLEUR against any form of dispute, litigation or procedure for any damage resulting from his or her own manipulations and/or any handling aiming or resulting in making such updates more difficult or impossible. In particular, in case of defaults or bugs of the concerned Service as a result of such manipulations, all consecutive damages remain under his or her full responsibility.
Article 8. Moderation of the Site by LE VADROUILLEUR
. LE VADROUILLEUR ensures an active surveillance and supervision of the content potentially published on the Site by Users (content imported from social networks, comments on articles, or other content, etc.), without infringing any of its privacy obligations specified in the Privacy Policy.
Commitments of the User:
. The User is deemed to fill and commits to filling, under his or her own full responsibility, all information potentially asked, in an authentic, complete and exact way. Failing, resulting from uncomplete, inaccurate or illegal data thus provided, which can be qualified unilaterally by LE VADROUILLEUR, waives totally the latter’s responsibility in case of difficult or impossible use of the Site as a whole.
. The User commits to use the Site, and to interact with LE VADROUILLEUR, during any event, on line or not, live or not (webinars, training, workshops, etc.), may they be hosted on the Site or on other sites of LE VADROUILLEUR or on social networks or on any web platform as the case may be, in accordance with the present TCS, of positive law in general, and of the good principles of the Netiquette.
Illegal contents and/or perturbations of the Site:
. LE VADROUILLEUR reserves right to validly delete any information likely to disturb the good functioning of the Site or violating the present TCS, national or international laws, or the rules of the Netiquette.
. The following contents are forbidden, in particular but not limitatively: verbal threats or violence, physical abuse or violence threats, discrimination of any nature, incentive of hatred, insults, lander, breach of moral standards, commercial solicitations, any offense linked to terrorism and pedo-pornography.
Suspension, cancellation or withdrawal of right to access the Site :
. LE VADROUILLEUR reserves right to validly suspend, interrupt or limit at any time access to the Site, partly or fully, or to reserve access to the Site, or certain parts of the Site, to a specific category of Users.
. Authors of such illegal or failing contents can be excluded of the Site, by unilateral decision of LE VADROUILLEUR, who doesn’t need to justify, and not excluding any legal procedure that the latter could start, in order to compensate a potential prejudice.
Article 9. Computer security and responsibility for data
. The Site is provided in all its elements with optimal technical and security functionalities, in normal conditions of use. LE VADROUILLEUR commits to maintaining it in the best security condition possible, and waives all responsibility for any download of (a) virus(es), or any form of computer attack(s) whatsoever suffered by the User/Client and which would be eventually connected, directly or not, with the use of the Site.
. Users commit to not penetrating the computer systems of LE VADROUILLEUR, nor those of its partners and providers, nor attempting to do so, by using or not the personal data governed by the present TCS. In particular, the following are strictly forbidden subject to legal proceedings: any fraudulent access to the Site, likely to disrupt the good functioning of the latter in any way whatsoever, the introduction and/or modification of data contained in the Site, as well as any behavior likely to interrupt, suspend, slow, and prevent the continuity of the Site considered as a whole, any intrusion or attempt of intrusion in LE VADROUILLEUR computer systems, any diversion of system resources, and any action likely to impose a disproportionate charge on its infrastructures.
. LE VADROUILLEUR shall not be held responsible for any technical problems and/or cyber attacks suffered by the User/Client, related to his premises, installations, digital platforms, software, and equipments, despite all potential security measures undertaken by LE VADROUILLEUR.
. LE VADROUILLEUR shall in no case be held responsible in case of loss, theft or unauthorized use of such data by a third party, nor for potential damages resulting from it.
. The User can inform LE VADROUILLEUR at any time if he states a security breach or vulnerability linked to the use of the Site, in order to allow LE VADROUILLEUR to undertake any adapted measure to solve it.
Article 10. Intellectual property
Article 10.1. General prohibition concerning intellectual assets of LE VADROUILLEUR
. The User commits to respecting the intellectual property rights potentially attached to LE VADROUILLEUR, during and after the execution of the present TCS.
. It is admitted without reserve that any reproduction, representation, usage, imitation or
adaptation, diffusion, sale, transmission, or provision, fully or partly, by any means and on any format whatsoever, of the elements constituting or representing the brand and the Site (texts, figures, codes, names, drawings, images, logos, slogan or banner, and any other element that is potentially representative of LE VADROUILLEUR distinct intellectual assets), is prohibited without previous, explicit and written agreement from LE VADROUILLEUR, and is likely to give rise to legal proceedings under any legal and open way.
. Should LE VADROUILLEUR lead no proceedings as soon as it is informed of such unauthorized use of the aforementioned elements, such behavior should not constitute an acceptation of the aforementioned violations of its intellectual property, nor renunciation to lead potential proceedings in the future.
Article 10.2. The Brand
. The brand « LE VADROUILLEUR » is formally declared, protected, and owned exclusively by LE VADROUILLEUR.
. Such protection implies monopoly on the exploitation of its brand to LE VADROUILLEUR. Infringement of these rights is likely to result in legal proceedings, especially for counterfeiting.
Article 10.3. Protection of the Site as a whole
. LE VADROUILLEUR is the copyright owner of all intellectual or usage rights concerning the Site or the elements accessible via the Site, in particular as texts, pictures, images, videos, icons, sounds, codes, figures or databases, except the Content explicitly attributed to the Users, and social networks widgets.
. In particular, the pictures and graphic illustrations of the Site, the Products illustrations, texts and videos, are published in respect of copyrights attached to them, whether they were made directly by LE VADROUILLEUR, or they are part of public domain, or they originate from legal sources and providers who guarantee the respect of such rights.
. By exception, the Site is likely to display part of or full work of arts, obtained under any adequate authorization and with respect of potential intellectual property rights (especially illustration pictures)
- Authors that have contributed to the realization of the Site:
. For the creation and maintenance of the Site, as well as graphic work: the Agency Enjoy Creativ ;
- pictures of the Site are either provided by LE VADROUILLEUR providers, either taken from the work of the professional photographer Ms Laura Jonneskindt (visit her website!);
- the texts are written directly by LE VADROUILLEUR.
Article 10.3. Domain names
. The following domain name(s), including all potential subdomains, is/are LE VADROUILLEUR property and is/are protected by their official registration and commercial exploitation:
www.levadrouilleurspirits.com / www.levadrouilleurspirits.fr / www.maisonlc1901.fr
Article 10.4. Protection of source codes
. Users admit that the source codes allowing the publishing and the use of the Site represent a real and significant investment from LE VADROUILLEUR, who remains the sole owner and legitimate owner of all rights to exploit them and are a priori inaccessible to them.
. As a consequence, any illegitimate access, copying, modification, or use, in any form and through any process whatsoever, or any action with the object or effect of allowing access to such source codes, which implies by definition technical skills and expertise, shall be deemed to be dependent on necessary technical skills, and to be malicious by LE VADROUILLEUR, who reserves right to press charges or prosecute in any legally open way, in order to stop and/or compensate the potential prejudice.
. Henceforth, and from the day of conclusion of the present Contract, the Users commit to not interfering with LE VADROUILLEUR legitimate interest; this obligation does not prevent the User to practice their profession or professional activities and to make their competence valued, especially regarding the specificity of the concerned information.
Article 11. Parasitic economic relationships and unfair competition
. Commercial exploitation of name(s) and distinctive sign(s) of the brand, the domain name, the Site and the commercial sign(s) of LE VADROUILLEUR, by any unauthorized third party, as well as any action with the object or effect of creating any prejudice on LE VADROUILLEUR by creation of a confusion in the public’s mind, shall give rise to legal proceedings for unfair competition and/or parasitic economic relationships and/or free-riding practices, under any open legal way.
Article 12. Referrals and testimonies
Article 12.1. Hypertext links
. The implementation of potential hypertext incoming links (pointing to the Site), including in particular professional referrals in favor of LE VADROUILLEUR, and from any site and device, is a priori opened under reserve of respecting the following conditions:
- the implementation of links must not be systematic nor abusive;
- the link has been previously checked and contains a priori no computer security risk;
- the link does not violate intellectual property rights and can in noway whatsoever represent a risk of confusion in the public’s mind or an element of unfair competition;
- the link is published with an authentic description of the Site and its activities.
. Users commit to removing such link on simple written request of the latter, whose responsibility is totally excluded for any prejudice resulting from any technical problem whatsoever and/or security breach or risk, or any violation of the present TCS and/or the applicable laws, that could result from such hypertext link.
Article 12.2. Authorization for anonymous elements granted to LE VADROUILLEUR
. LE VADROUILLEUR commits to respecting all intellectual property potentially attached to the User, and/or any rights attached to third parties to whom the User should be linked by contract, and of which LE VADROUILLEUR would be aware during and after the execution of the present TCS. LE VADROUILLEUR shall not use, transfer, sell or exploit in any illegal way such rights and elements.
. Nevertheless, the User is aware and fully admits that LE VADROUILLEUR reserves right to publish, on the Site and on any websites or digital platforms as well as any marketing materials whatsoever, any anonymous referrals, especially graphic elements (logotypes, illustrations, etc.), excluding images and pictures, animated or not, that allow to identify persons.
PART 2. VALIDATION OF ORDERS AND USE OF PRODUCTS
Article 13. Access to Products and Services
Article 13.1. Access to products and pre-contractual information
. Products are not accessible to professional buyers.
. Products are not accessible to underage persons.
. Orders can be completed only by Users who have validly subscribed on the Site, according to the process specified by LE VADROUILLEUR. Users who want to purchase must mandatorily open an account by filling all required Data, in a complete, exact, and authentic way.
. LE VADROUILLEUR synthesizes all essential information concerning orders governed by the present Contract, before any validation of orders of Products and/or Services, in an order form used as proof of the order to deliver (hereafter the « Cart »).
. Under the Contract, LE VADROUILLEUR commits to delivering the Products and executing the Services specified in the Cart and accepted by the Client, on the understanding that Products and Services are proposed to the extent of available quantities, and that LE VADROUILLEUR can unilaterally limit the number of their recipients.
. By principle, potential unavailability of certain Products is indicated online before the validation of potential orders.
. Nevertheless, and by way of exception, in case of unavailability due to inventory errors or to a fortuitous event out of LE VADROUILLEUR control, the latter informs the User within a period of forty-eight (48) hours, and can offer either a Product/Service of equivalent price and quality, or deliver the same Product within a new accepted period, or, failing that, refund all paid sums within a period of ten (10) days.
. Also, access to certain Products/Services (especially, the limited editions) can be temporarily closed, without LE VADROUILLEUR having to justify. The latter can then open a waiting list, to inform registered Users in priority of the future availability of the concerned Product or Service. The User accepts this condition and admits that he cannot hold LE VADROUILLEUR responsible for any potential damage suffered as a result of such temporary unavailability.
Article 13.2. Specific conditions of sale concerning alcohol and application of (french) loi Evin
. Users and Clients understand and admit that all Products proposed on the Site are all under the application of (french) Loi Evin, concerning fight against smoking and alcohol consumption.
. LE VADROUILLEUR is not a public house, not considering the presence of Products allowing Clients to visit the distillery. Indeed, the visits thus ordered allow to drink alcohol only for limited and supervised tasting.
. It is possible to order alcoholic beverages technically and formally at any time, but the Clients accept that all deliveries are executed the next day after the date of order, from minimum 6 a.m, if orders are validated between 10 p.m and 6 a.m.
Article 13.3. Updates of Products
. LE VADROUILLEUR commits to maintaining the Products updated and operational in normal conditions of use, and does not guarantee any specific compatibility, that the Client must notify before any formal order, as the case may be.
. Pictures and illustrations presenting the Products are not part of the Contract, as well as the written descriptions, which are provided for information purpose and are likely to become obsolete and to be modified. By way of exception, the summarized information of the Cart is binding and commit LE VADROUILLEUR.
Article 13.4. Use of third-party platforms
. The Client is informed that the Services may require to access other websites or platforms (partners or not), conceived and managed under the responsibility of third-parties. LE VADROUILLEUR has absolutely no control of such websites, and waives all responsibility concerning their content and the use all information they may contain.
. In case when such necessary websites or platforms may dysfunction, LE VADROUILLEUR endeavors to provide the Service/Product via another one that offers similar functionalities.
Article 14. Order process and conclusion of sales
Article 14.1. Validation of orders via the double click process
. The Client admits without reserve that his free and informed consent to the validation of orders is explicitly obtained via the process specified hereunder (whatever which Product is concerned), which must be completed entirely in order to enforce the validation of the order.
. It is admitted that the names of the buttons are likely to be modified validly, and replaced by equivalent names allowing to express an informed and free consent.
. As a reminder, orders can only be completed by registered and connected Users.
1/ User starts his purchase process with selecting one Product or Service, by clicking on the « Add to Cart » button; selection of Products/Services can also be made via a product sheet or directly on a sell page allowing to simply order the presented Product/Service;
2/ The Cart allows the User to know all elements of his or her order, the delivery method, as well as the payment method;
3/ The User must mandatorily fill all necessary information in the order form, in order to complete it (in particular, shipping adress, billing adress, etc.);
4/ The User validates the order and completes the legal second click, which binds him or her to the payment of the order, by checking the mandatory box which validates his or her full acceptation of the present TCS, his or her potential renunciation to right of retraction as the case may be, and by clicking on the “ Validate order” button;
5 The User is redirected to payment page, managed by MyPOS, the third-party provider for payment methods on the Site, on which he must fill complete payment information and validate the payment;
The User admits without reserve that this action implies perfect validation of the order, and effective payment immediately after such validation; the User acquires status of Client.
6/ LE VADROUILLEUR send the confirmation of order to the Client in an e-mail that recapitulates all information concerning the order and the payment, as well as the present TCS on a durable medium.
- Cart abandonment:
. It is admitted without reserve that in cases of cart abandonment from the Client, LE VADROUILLEUR reserves right to follow up the latter by one or several e-mail(s) inviting him or her to complete the order, by sending a direct link redirecting to the abandoned cart, that the Client must validate with the double click process after filling all order and payment information.
. Such process is valid and implies complete validation of the order, and the filling of the specified check box, that formalizes the Client’s consent to the application of the present TCS, in the same conditions than those applicable to the above mentioned process.
. It is also admitted that failing in validating the Cart after several follow up emails from LE VADROUILLEUR allows the latter to delete the concerned order and to purge all data potentially provided by the Client, who cannot seek LE VADROUILLEUR responsibility for any potential damage suffered in such case.
- Complementary orders
. The Client who wishes to purchase another Product is free to do so at any time, online and according to the same process hereby mentioned. The validation of a new order implies additional billing and the renewal to his or her consent to the application of the entire TCS, in addition to any potential specific contractual condition, applicable to such new purchase and validly consented.
Article 14.2. Proof of validation of orders
. The Parties admit that digital signature of the present TCS is admitted as a perfect proof with the same effect than physical signature.
. The Client is deemed to be capable and commits to filling authentically, completely and exactly the required data, under his or her own full responsibility. Failing in this field, which can be qualified unilaterally by LE VADROUILLEUR, totally waives the latter’s responsibility in case use of the Site and/or validation of orders becomes more difficult or impossible as a result of such failure.
. By way of exception, some of the required data is optional, when it is not accompanied with an acronym indicating it is mandatory.
. In such case, the User understands and admits that he must mandatorily follow the specified process in order to validly complete specific orders. Ordering some specific Products may require another process than the one above mentioned, according to the answers that are provided while filling such specific process and information.
Article 15.1. Displaying of prices
. LE VADROUILLEUR commits to displaying the applicable prices of paying Products and Services, directly on the Site, in a clear and transparent way, before any validation of order.
. In order to allow the validation of orders on the basis of an informed and voluntary consent, LE VADROUILLEUR commits to displaying such applicable prices, as well as the applicable payment methods, in a transparent and complete summary, which is systematically displayed before the validation of orders.
. LE VADROUILLEUR commits to respecting its accounting requirements in this field, and indicates the applicable prices: free of tax, all taxes included, potential discount(s), as well as potential applicable promotional codes.
Article 15.2. Bank modalities
. LE VADROUILLEUR uses on or several payment module(s) – « MyPos » (allowing to pay exclusively by credit card). Such module and third-party provider(s) collect(s) all necessary data and manage(s) all payments completed on the Site.
. In all cases, payments don’t imply any hidden cost; the Client must then take charge of any potential additional cost implied by the payment of his or her order, especially as a result of his or her own bank situation.
. Nevertheless, Users admit that LE VADROUILLEUR may block a transaction punctually, in order to complete any potentially necessary security verification process, and even suspend the benefits of Services linked to an account/Client whose payment details have become obsolete or ineffective.
Article 15.3. Payment modalities and payment defaults
. Payment must be done immediately after the validation of the order, and will be considered as effective once the entirety of the sum effectively credited in favor of LE VADROUILLEUR.
. As a consequence, non-compliance with mandatory payments processes constitutes a violation of the obligation to pay, which validly allows LE VADROUILLEUR to suspend or cancel a transaction, an Order, or the execution of any Service whatsoever.
. Such failure is stated immediately after the validation of the order, which becomes impossible technically in such case of payment default.
. In such case, LE VADROUILLEUR can validly cancel the order without having to justify nor notify the failing Client, without prejudice of any potential proceeding that may be started in order to repair or compensate the damage.
. The User/Client admits that the order and the Contract are deemed to be null and void, and that he cannot request the benefit of any Products and/or Services. In order to benefit the Products and Services of LE VADROUILLEUR, he must complete an order according to the present TCS. The Client admits that the data provided initially can be totally purged with no possibility of recuperation.
Article 16. Right of retraction
Article 16.1. Conditions of application of the right of retraction
Article 16.1.1 – Conditions for the exercice of the right of retraction
. In application of articles L 221-18 and following of (french) code de la consommation, the Client
has by principle the right to retract from the present TCS without having to justify or even provide a reason, within a time limit of fourteen (14) days starting from the validation of the order or the effective reception of the package, under the reserve of the application of one or several f the exception(s) mentioned hereafter.
. In case of retraction, LE VADROUILLEUR will refund all payments received from the Client, including initial delivery costs, and in any case, within a time limit of maximum fourteen (14) days starting from the day when LE VADROUILLEUR is informed of the Client’s decision to retract.
. Refund will be completed by using the same payment method than the one used for the initial transaction, unless the Parties decide explicitly to use another payment method; in any case, such refund will not any cause any additional cost for the Client.
. Nevertheless, the Client admits that should he exercise such right of retraction, all types of advantages (including all promotional offers), of any nature whatsoever, that would be eventually attached to the initial purchase object of retraction, will be automatically canceled.
. The Client is informed that the exercise of the right of retraction implies that he must undertake all return costs, and especially if the chosen delivery/return method is more expensive than the one chosen by LE VADROUILLEUR for the initial delivery, and that the refund will include only the total sum corresponding to the initial purchase (including delivery costs).
. In all cases, LE VADROUILLEUR commits to precising clearly on the Site, before any validation of an order, the possibility of exercising a right of retraction or not, within the validation process itself (checkbox).
. The Clients waive any recourse or action for any damage resulting from the impossibility to cancel an order by the way of retraction, if such retraction is not legally applicable.
. By validating the present TCS, the Client accepts that the execution of the ordered Services shall begin immediately after the purchase and in all cases before the end of the retraction time limit.
. As a reminder, the Clients who are not satisfied with their orders, who think their Product(s) are defective, can ask LE VADROUILLEUR for a solution to solve their problem, via the claim process specified in article 19 of the present TCS.
Article 16.1.2 – Return conditions in case of retraction
. The Clients accept that the Products are specific, that they are by nature likely to present a risk of breakage, and that in case of retraction, returning any package as a retraction must mandatorily respect the same level of security than the one guaranteed by LE VADROUILLEUR to send it initially.
. In particular, the bottles must be first wrapped or packed in a box or hard and protective packaging, specific to glass bottles, or to similar products, and then must be sent with a real delivery packaging, different from the packaging of the Product itself. Indeed, the Products returned directly in the product packaging, on which stamps and postal notes are added, are not likely to be re-sold by LE VADROUILLEUR, who will consider such return as injurious.
ALL RETURNED PRODUCTS ARE SYSTEMATICALLY CHECKED BY LE VADROUILLEUR, both in their content and in their packaging, in order to verify that the return conditions are respected, that the Products can be sold again, and that they have not been handled in a failing way.
In all cases, please unpack the Products with care, if possible without tearing them.
Article 16.2. Formalities from the Client to exercise right of retraction
. In order to exercise his or her right of retraction from the present TCS, the Client must notify this decision to LE VADROUILLEUR before the above mentioned time limit of fourteen (14) days is expired.
. The notification of such will to retract can me made:
- either by downloading the dedicated form by clicking here, and by sending this form to the following e-mail adress: legal@levadrouilleurspirits.com;
- or by writing a postal letter declaring with no ambiguity the will of retraction, using the adress specified in the Legal Notices.
. When the request is made without using the dedicated form, please indicate the following elements: indication of the Product or Service object of retraction / date of order / bill number / complete name and adress; it is also mandatory to sign this postal letter.
. The Client is also informed, and accepts, that in case of payment by installments of the initial order, the sums potentially undertaken by LE VADROUILLEUR in order to allow this method will be charged to the Client.
Article 16.3. Exceptions to the right of retraction
We thank you in advance for inquiring information concerning the possibility of retraction or not, on the products present in your orders before you validate them, by reading all information accessible online.
LE VADROUILLEUR commits to providing all adequate information for you to be able to purchase your Products knowingly, as part of an e-commerce which doesn’t allow to test the Products directly, which is acknowledged and accepted by the Client.
All examples shown online on the Products sheets by LE VADROUILLEUR express the real use of the Products, in similar conditions of use than those shown in the promotional videos and in conditions that respect the present TCS. The visual effect shown in these videos result from optimal conditions of use of the Products, which the Client must reproduce to obtain similar results.
By way of exception to articles 16.1 et 16.2 of the present TCS, and in accordance with article L 221-28 of (french) code de la consommation, the Clients (consumers) admit that their right of retraction does not apply and that their order is firm and definitive, in the following cases:
Article 16.3.1 – Professional clients and public entities
. The Clients who act and want to contract with their professional status admit that, by principle, they cannot complete orders on the Site with such status, and by extension, cannot exercise any retraction on their orders, with the exception of those who contract in the name of a very small company (less than 5 employees) and whose main activity is different from the one of LE VADROUILLEUR.
. It is accepted that the Clients who act as, or as representative of, a public entity or any legal person under public law, are not considered as consumers in the sense of the (french) code de la consommation, and as a consequence are not legitimate to exercise any retraction right whatsoever on their orders completed on the Site.
Article 16.3.2 – Exclusion due to the Client
. The Client understands and admits that his right of retraction cannot be applied in case of manipulation from him or any person placed under his or her responsibility, resulting in the modification of the concerned Product (ex: replacement of a component, addition of an element, etc.).
Article 16.3.3 – Services executed before 14 days
. All orders of Services explicitly destined to be executed before the end of the time limit of fourteen (14) days cannot be subject of any retraction, in accordance with article L 221-28 paragraph 1 of (french) code de la consommation.
For information, such Products are, in particular: visits of the Distillery.
Article 16.3.4 – Services to be executed at fixed date
. All orders of Services explicitly destined to be executed at fixed date, specified in the order, cannot be subject of any retraction, in accordance with article L 221-28 paragraph 12 of (french) code de la consommation.
For information, such Products are, in particular: visits of the Distillery.
Article 16.3.5 – Health and security protection
. All orders of Products than “cannot be unpacked and resent in order to protect hygiene and guarantee the security of persons”, cannot either be subject to any retraction, in accordance with article L 221-28 paragraph 5 of (french) code de la consommation.
For information, such Products that cannot be unpacked and returned are, in particular: alcohols, spirits, and any alcoholic beverages whatsoever.
- These Products are by nature destined to be ingested and cannot, in any way whatsoever, be offered for sale without the absolute certitude that they do not represent any danger for health.
- LE VADROUILLEUR has no control on the manipulation and the conservation of the package when delivered and received, and cannot take the risk to re-sell it to another Client without being totally sure that they are entirely inoffensive. As a consequence, these Products cannot be returned for retraction, when they have been unpacked and opened, in order to protect your and other potential future Clients security.
The Products of this line « alcoholic beverages » can then be returned for retraction on the strict condition that they have not been unpacked and the package is in a perfect state, allowing its re-sale.
LE VADROUILLEUR checks all returned Products systematically and completely.
Article 16.3.6 – Products sold in lot
- Orders of Products that are necessarily accessory one to another and that cannot be dissociated, cannot be subject to any retraction whatsoever (article L 221-28 paragraph 6 of (french) code de la consommation).
Article 17. Shipping modalities
Article 17.1. Delivery time
. LE VADROUILLEUR commits to respecting the delivery deadline indicated in the Cart in normal conditions of shipping, except in case of force majeure.
. The Client admits that in all cases, applicable deadlines can be punctually extended when an intervention of a third-party provider is necessary (partner, bank, host, carrier, or any necessary and legitimate provider), without exceeding a period of maximum thirty (30) days. In such case, LE VADROUILLEUR must inform the concerned Client, with a written notification informing the latter of the progress of his delivery.
. The Client can always cancel an order subject to a delivery delay which has been notified, with a written formal request by e-mail to LE VADROUILLEUR. In this case, the Client is refunded within a time limit of fifteen (15) days maximum, delivery costs included.
. The Client admits that delivery delays that are notified by LE VADROUILLEUR in respect of the present article cannot be subject to a refund concerning the delivery costs related to such order, even in case of delay.
. However, LE VADROUILLEUR reserves right to propose any solution to the Client, without being bound to any obligation in this regard (promotional code, discount, etc.).
. Potential delivery delays resulting from a case of force majeure are not included in this category (see article 22 of the present TCS).
. In all cases, the Client can follow the progress of his delivery(ies) by following the ling provided by LE VADROUILLEUR after validation of order and within shipping time. The status indicating « delivered » on the carrier’s website makes evidence of the date of delivery.
- Potential imperative delay of delivery:
. The Client is aware and admits that in the case when he demands a specific date of delivery, for specific needs that he does not need to justify, such requirement must be specified formally with a written, previous and explicit notification, before validating the order.
. Indeed, and in accordance with article 4 of the present TCS, the Client has obligation to inform LE VADROUILLEUR, who cannot be held responsible in case of late delivery of the concerned package, if the Client didn’t specify this delay/date before validating the order.
. When such imperative delay is notified formally and previously to LE VADROUILLEUR, the latter warns the Client if he estimates that the delay is too short and that it is impossible to honor such order. If the order is validated on the basis of this information, the latter admits that it could not be refunded in any way whatsoever.
Article 17.2. Delivery modalities
. Formal delivery of digital Products and Services is completed with an email containing all adequate and safe attachments (for example in PDF), and/or one or several hypertext link(s)pointing to the ordered content. The Services are to be executed according to the specifications of the Cart, explicitly accepted by the Client (in-person or distant classes or sessions, events, etc.).
. Formal delivery of physical Products is completed by a carrier, to the adress indicated formally during the order validation process, on the understanding that only one adress can be indicated. To this day, deliveries are not available outside France (metropolitan).
. Clients are informed that the carrier who takes charge of the shipping require the Client’s signature on receipt of the package(s), which is not possible without this signature, taken as proof of date, time, and place of delivery.
. In some cases, the order must be delivered in several times, which is fully admitted by the Client. Delivery is considered to be fully completed with the shipping of the last element of the order (e: purchase of a “pack” of several Products).
. In no case LE VADROUILLEUR can be held responsible for any restricted access to the content thus delivered to the Client. The Client is responsible of any use of his or her access to the Products or Services, from an unauthorized person.
Delivery error or problem:
. The Client admits that his signature of the delivery note is an essential formality for the good delivery of the Products of LE VADROUILLEUR, and that he must report any potential anomaly of delivery in a clear and explicit way on receipt: in particular, damages, missing products, broken element or Product, etc.
. If the delivery error cannot be stated on the day of delivery, it must be within a maximum period of forty-eight (48) hours following the date when it is indicated as « delivered » on the carrier’s website.
. Should errors be stated in the aspect/content of an effectively delivered package, the Client must mandatorily:
- report on the delivery note, in writing and with signature, which makes proof of the fault;
- start a written request directly to the concerned carrier with a registered letter with receipt;
- join to this request any physical or material evidence of his allegations (pictures, videos, inside and outside the package);
- send a copy of the letter to LE VADROUILLEUR with a regular post letter.
. LE VADROUILLEUR does not take in charge the delivery errors which have not been formally stated and notified according to the rules described in the present TCS, and which have not been reported in writing on receipt.
. When this formality has been completed, LE VADROUILLEUR checks the truth of such statements and the signature of the delivery note indicating the fault, and offers at his cost either, reparation, replacement, or reimbursement (see article 19 of the present TCS).
. When the package has been definitively lost by the carrier, and after formal confirmation from the latter, LE VADROUILLEUR commits to sending the same Product(s) to the Client, with no cost for the latter.
- Delivery errors due to the Client:
. The Client admits without reserve that the delivery errors or impossibilities resulting from his own initiative or action, from his absence on the day of delivery, or any other reason outside the control and will of LE VADROUILLEUR and of the carrier, are not likely to be re-shipping at no cost. In such case, LE VADROUILLEUR can offer to send the Product back at the expense of the concerned Client who must pay the re-shipping costs.
. Packages returned to LE VADROUILLEUR as part of the cases above mentioned will not be refunded (partly or entirely) to the Client, who admits taking charge of his own failure for receiving the package, and accepts the new consecutive delay of delivery.
Article 18. Compliant delivery
Article 18.1. Compliance of delivery and commitment of LE VADROUILLEUR
. Compliance of the Products with the expected use by the Client is deemed to be acquired with clear, precise and complete information provided by LE VADROUILLEUR before validation of orders, as well as the Clients collaboration obligation (see article 4).
. As the case may be, the Client must reported any potential lack of conformity or fault within a delay of maximum twenty-four (24) months, and bring evidence that such fault existed at the day of reception of the concerned Product.
. However, the specific nature of the Products and Services involves providing of updated information at the date of delivery, that can be modified at any time and become obsolete for reasons that are outside of LE VADROUILLEUR control, who waives all responsibility for all potential damages that may result from their potential obsolescence. The Client is aware and accepts this specificity, which cannot be assimilated with any lack of conformity or fault of the Products.
. LE VADROUILLEUR guarantees the Client/User against any loss of his right of use in conditions that respect the present TCS, and guarantees peaceful possession against any reclamation of a right from a third-party.
. LE VADROUILLEUR to offering and providing Products that are free of any hidden defect making them improper to use. However, should an unexpected defect be stated, the Client is entitled to request reparation or replacement from LE VADROUILLEUR. Evidence of such defect must be brought by the Client.
Article 18.2. Orders conditioned to furniture of information by the Client
. The Client admits that some orders imply that he must provide LE VADROUILLEUR some imperative elements of information in order to guarantee compliant delivery.
. The Client is informed that all potential complementary elements are stocked by LE VADROUILLEUR in privacy and security conditions that are compatible with the Privacy Policy.
. In this case, the Clients commits to sending all required elements, and waives LE VADROUILLEUR responsibility for his own failure in this field.
. LE VADROUILLEUR can send emails or notifications to remind the Client that he must do so, and any potential applicable time limit.
. Once this limit has passed, the Client understands that his failure prevents him to claim the benefit of the ordered Product or Service, nor any refund for this order.
. It is then recommended to pay special attention to such specific orders and to be reactive in order to facilitate the process and to obtain effective delivery of the order.
Article 18.3. Conditions of admissibility for returning Products
. It is admitted that returning of Products, as part of a retraction or a claim for any error or non-compliance, is governed to strict rules that the Client commits to respecting.
. LE VADROUILLEUR systematically checks the returned Products, and in case of non-compliant return, the package can be re-sent to the Client as it is and without notice.
. The Client must first support the costs when he returns a Product, and must undertake good packaging and re-sending, in addition to his formal request (see article 19 of the present TCS).
. Should the Client be unable to return the Product, the latter must send a formal and written request accompanied with any evidence of such state to LE VADROUILLEUR.
. When the returning of the Product is done in respect of the present TCS, LE VADROUILLEUR commits to re-sending it at his cost to the concerned Client, either to the same adress or to another adress specified explicitly by the latter, who accepts that his silence concerning any new applicable or effective adress cannot imply LE VADROUILLEUR responsibility in case of a new/second delivery error or fault.
Article 18.4. Conditions for returning the Products
. Products packed in a specific packaging cannot be taken out of this initial packaging, and must also be inserted in a new box protecting such packaging. Parcels cannot be damaged with post notes or stamps or any writing on the Product or its packaging.
. Indeed, in such cases, such Products would not be likely to be offered to sale by LE VADROUILLEUR again, who will consider such return as damaging.
. Products that are not returned in their original packaging and that are not in perfect state become unsaleable, and will not be accepted by as fit to be re-sent to the Client, who accepts that he cannot in this case claim its benefit or any refund or any compensation.
. Products that have been apparently stocked in high humidity conditions will not be accepted by
LE VADROUILLEUR.
. At all events, the responsibility of the Client is only engaged for the depreciation of the Product resulting from other manipulations than those necessary to establish the nature, the characteristics and the good functioning of such Product.
Article 19. Claim process in case of non-compliance
LE VADROUILLEUR commits to providing all adequate information for you to be able to purchase knowingly, as part of a remote shop that dos not allow to test the Products directly, which is accepted by the Client.
Article 19.1. Written claim from the Client
. The Client admits that he cannot claim whatsoever to LE VADROUILLEUR without sending the latter a written clear and unambiguous claim to formalize his claim (post mail or e-mail).
. Non written requests or claims will not be accepted by LE VADROUILLEUR.
. It is also impossible to start any claim towards LE VADROUILLEUR without returning the faulty Products.
. It is appropriate to take pictures and/or videos of the faulty Product and/or damaged parcel immediately at reception of the parcel, in order to bring evidence that the Products are faulty on the day of reception.
. Any claim must be addressed to LE VADROUILLEUR, at his choice by mail (see details in Legal Notices) or e-mail on legal@levadrouilleurspirits.com, or even with the regular form of the Site.
. The request must specify the precise reasons and demonstrate legitimate motive on the basis of LE VADROUILLEUR failure in the execution of his obligations and/or violation of the law.
. Furthermore, each claim must contain the following elements: Client’s name and surname, date of purchase, date of reception (as the case may be), date of claim, client reference number, order number, motives justifying the claim.
. When LE VADROUILLEUR states the validity of the claim and of the elements thus brought, he commits to undertaking for the Client all necessary means to bring the Product to normal use and to correspond to the order within a period of maximum one (1) month starting from the reception of the claim (reparation, replacement, or refund).
Article 19.2. Reparation and replacement
. Should the Client present a formal written claim, justifying a legitimate motive, LE VADROUILLEUR commits to proposing any form of satisfaction of the Client permitted by the law, in a graduated way, being understood that it is not always possible to repair Products and Services offered on the Site.
. When the reparation is possible, and explicitly accepted by the Client, LE VADROUILLEUR commits to make such reparation effective within a period of one (1) month starting from the reception of the returned Product, and to refund all return costs.
. When the reparation is not possible, or is not explicitly accepted by the Client, LE VADROUILLEUR then offers to purely and simply replace it at no cost for the Client, by the same Product/Service, with no fault, in the same classic conditions of delivery.
Article 19.3. Reimbursement
. When neither the reparation nor the replacement are possible or explicitly accepted by the Client, LE VADROUILLEUR commits to purely and simply refund the Client with the total sum paid by the latter, proceeded via the payment details initially used for initial payment of the concerned order.
. However, the Client can ask LE VADROUILLEUR to proceed to the refund via other payment details, which he must provide by e-mail, and that will be stocked in conditions respectful of the Privacy Policy. LE VADROUILLEUR has no obligation to accept to proceed to refund via other payment details.
Article 20. Limitation of liability of LE VADROUILLEUR
Article 20.1. General limitation of liability
. Use and exploitation of the information provided relatively to Services/Products are done under the Client’s responsibility and at his own peril. The Client is solely responsible for his own interpretations of such information, and for the advice he may deduct or the adaptation he may undertake considering his own goals, as the case may be.
. The Client understands and fully admits that the compliance warranty can not apply in case of voluntary modification of the concerned product, which cannot be re-sold nor repaired in such case. When the Product presents a faulty characteristic, the Client must then start a formal claim to obtain from LE VADROUILLEUR any solution of satisfaction making the Product perfectly compliant to the expected use.
. The Clients admit without reserve that the claims will not be accepted, if it is demonstrated that the order has been completed by a minor person, concerning specific Products that are reserved to major persons.
. LE VADROUILLEUR responsibility cannot be engaged in any way whatsoever for all technical or software failures or any cause out of his control. Whatever Product or Service may be concerned, LE VADROUILLEUR responsibility is explicitly limited to compensation of directs damages proved by the Client.
. In no case, LE VADROUILLEUR responsibility could be engaged for indirect damages such as data loss, operating loss, commercial prejudice, shortfall, loss of earnings, image and reputation damage. LE VADROUILLEUR shall not be held responsible concerning potential disputes between the Client and any third-party.
Article 20.2. Limitation of liability specific to alcohol consumption
. LE VADROUILLEUR totally excludes his responsibility for all damages, wheter they should be material or physical, resulting from failure of the Client in respecting applicable laws and regulations concerning alcohol consumption, and especially from the (french) Loi Evin and/or any regulation destined to protect minors and public health.
. The Client is fully responsible of the use he makes of the Products after receiving the parcel. In particular, LE VADROUILLEUR will not be responsible if such failure in respecting the rules and conditions for safe use turns out to be deliberate.
. Also, the Client is fully responsible of stocking the Products adequately and with specific attention, from the day of reception and until their use.
. LE VADROUILLEUR will not take in charge the potential damages suffered by the Client, his entourage, or any potential victim, that would be linked to a neglectful use of the Products, which is qualified if the Client forget to search for previous information about the specific compositions of the Products, the safety rules for safe use and manipulation, or the rules concerning alcohol consumption.
. In all cases, the Client can always ask LE VADROUILLEUR all information that he would miss concerning safe consumption of the ordered Products, by writing an e-mail on legal@levadrouilleurspirits.com.
Article 20.3. Specific information concerning alcohol consumption
. Users and Clients are informed consuming alcohol is potentially harmful. Any violation of the applicable rules in this field cannot in any way whatsoever be under the control of LE VADROUILLEUR.
. In particular, the Clients are aware and fully accept the following legal provisions:
- each person who drink alcohol is responsible for the consequences of his consumption, abusive or not, either on health or integrity of persons and goods, especially if those persons are minor, and even more if those minors are not accompanied by major persons;
- each person who drink alcohol is responsible for the consecutive potential intoxication, especially if such state is stated on public roads;
- it is forbidden to drive any vehicle when alcohol consumption exceeds the rates fixed by the law;
- it is advised in all cases to avoid drinking alcohol when driving is foreseen or necessary;
- it is highly advised not to mix alcohol consumption with medicine or any incompatible substance, especially if such incompatibility is explicitly specified (on the Product and/or on the health product, as the case may be) by any health professional, and in particular your doctor or your chemist;
- it is highly advised not to incite other persons to consume alcoholic
- abuse of alcohol is harmful in any case
- it is highly advised to consult your doctor in order to determine under which conditions you can drink alcohol.
Article 20.4. Exclusion of liability relative to the visits of the Distillery
. Products related to visiting the distillery, and involving necessary manipulation and tasting of alcohol, as well as manipulation of potentially dangerous materials and devices, the Clients fully accept to sign a liability waiver which is presented to them before the visit. This waiver is also used for complete and clear information about the conditions of the visit and the specific prohibitions imposed by LE VADROUILLEUR in this context (especially « Liability waiver »).
. Clients who refuse to sign this document, which is an annex that integrates the contractual system of LE VADROUILLEUR, may it be online or offline, cannot benefit the visit and will not be accepted in the distillery, with no possibility for them to claim for any compensation to LE VADROUILLEUR, who fully excludes his responsibility in such case.
. The Clients declare to be aware of the presence of potentially dangerous materials and products during the visit of the distillery, and endorses full responsibility for their own failure in respecting advice and instructions provided by LE VADROUILLEUR, as well his supervision in general during the visit, may it concern consumption or manipulation of alcohol, of alcoholic beverages or non-alcoholic beverages, or of objects and tools linked to the fabrication of alcoholic beverages and/or found on site during the visit.
PART 3. CONTRACT DURATION AND CONTRACT END
Article 21. Duration of the contract
. Concerning Users, the present TCS enter into force from entry on the Site and for all the duration of their navigation, only concerning the clauses that are naturally applicable, with the exception of those that by definition cannot apply.
. Concerning Clients, the present TCS enters into force from their electronic signature by the Client, and will remain enforceable until perfect completion of compliant delivery of the Products or the perfect execution of the Services, without prejudice to clauses that can be reasonably interpreted as surviving to the full execution, expiration, termination or cancellation of the TCS.
. The Client admits that he must renew his full acceptation of the present TCS in order to validate each new order.
Article 22. Suspension of the obligations in case of force majeure
. None of the Parties shall be held responsible of their failure or delays in executing one or several obligations determined in the present TCS, if such failures or delays result from a case of force majeure as defined by applicable law, that is, resulting from unforeseen and unavoidable circumstances which are beyond the Parties control, despite their reasonable efforts, and within a time limit of three (3) months starting from their occurrence.
. In such case, the Parties admit that the suspension of their obligations is valid and lasts as long as the circumstances of force majeure continue. When this period expires the mutual obligations are applicable again, in the same conditions.
. As far as possible, the Parties reciprocally commit to notifying to the other the existence of such case of force majeure within a time limit of ten (10) days starting from its occurrence, and to providing at their own initiative all necessary documentary proof.
. Should the situation of force majeure suffered by one or both Parties exceeds a period of three (3) months, the Parties can validly consider their mutual obligations and the present TCS as terminated, without prejudice to any judiciary proceeding which would lead to a contrary solution.
. It is admitted between the Parties to the present TCS that the following cases are included in cases of force majeure from which result a damage, but not to be limited to: natural disasters, fires, flood, lightning and thunderbolt, power surges, strikes, stops in electrical energy provision, defaults of telecommunication networks, civil or foreign war, riots and civil commotions, terror attacks, regulatory restrictions concerning provision of telecommunication services, loss of connection due to public and private operators on which LE VADROUILLEUR depends.
Article 23. Assignment of the Contract
. It is admitted between the Parties that the present Contract can not be freely assigned or transferred, partly or fully, without prior, explicit and written agreement from the other Party.
. However, and by way of exception, the Parties are authorised to perform the unilateral operations destined to assign partly or fully the present Contract to their related companies.
. The Parties can also perform the following operations:
- modification in majority holding ownership, shareholding, or control;
- fusions, absorptions, sale of business, business divestiture or any operation implying asset(s) transfer(s).
. In such cases, the assignment is valid subject to notifying the operation to the other Party, forthwith and in writing, and under the condition that the transferring Party guarantees that the transferee(s) will respect the present Contract.
. Any assignment or any transfer performed in violation of the present article shall be deemed to be null and void and of no effect, and is likely to entail proceedings for compensation of (a) potential resulting damage(s).
Article 24. Applicable law and international aspects
Article 24.1 Applicable law
. By express agreement between the Parties, the whole activity of the Site (including all uses, from any country whatsoever and by any User or Client of any nationality whatsoever), as well as the present TCS, are subject and governed exclusively by french law, and must be interpreted regarding french law.
. The present TCS are initially formulated on french. In case of translation in one or several other language(s), the french version shall be the sole binding in case of dispute between the Parties.
. No derogation to such stipulation can be alleged, including concerning any conflict of laws, and no international or foreignness element can be invoked for the application of any foreign rule whatsoever.
Article 24.2. Restriction of access to the Site
. Should access to the Site and to the Services not be guaranteed to Users from certain countries, as part of foreign legislations, difficulties to connect, or any restriction(s) whatsoever, independent of LE VADROUILLEUR will, potential damages resulting such restriction should in no way whatsoever entail the latter’s responsibility.
. The Site can be consulted from all countries, even though its content may be unavailable for some specific countries. LE VADROUILLEUR has no obligation to display this information and does not guarantee that the Products and Services are adapted to other countries than those for which they have been conceived.
. The Users who are subject to another legislation than french law admit that they must inform themselves about the applicable law in their country, and shoulder the entire responsibility of their own situation, relatively to orders, deliveries, importation and potential use of the Products and Services orderd on the Site, regarding applicable legislation in their country.
Article 25. Disagreements and disputes
Article 25.1. Formalities from the Client for completing claims
. It is reminded that the claims initiated by the Clients must obey specific forms and cannot be treated by LE VADROUILLEUR when they don’t respect the obligations specified in article 19 of the present TCS.
Article 25.2. Mediation procedure (applicable exclusively to french consumers)
. Mediation procedure is accessible to the consumers who want to enforce their rights before LE VADROUILLEUR before taking the case to court. Such recourse to mediation is free for the consumer (except of the latter voluntarily hire a lawyer, a third-party of his choice or an expert).
. Clients who contract under a professional status admit that they cannot benefit such mediation procedure.
. However, the Clients who contract under a consumer status also admit that the mediation procedure is not accessible if:
1/ He does not justifies that he tried to solve the disagreement directly before LE VADROUILLEUR through a written request or claim;
2/ The request is manifestly unfounded or abusive;
3/ The dispute has been previously examined or is being examined by another mediator or by a court;
4/ He brought his complaint before the mediator after the time limit of one year starting from his written request to LE VADROUILLEUR.
5/ The dispute does not fall within the competence of the mediator.
. The mediator can in no way whatsoever receive instructions from the Parties nor be paid based on the results. Mediation for consumer disputes are subject to confidentiality obligation.
. The potential mediation process can be done by clicking on the following links:
https://www.mediateurfevad.fr/
(e-commerce mediator from (french) FEVAD – Fédération des Vendeurs à Distance)
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=FR
(EU commission website concerning dispute resolution)
Article 25.3. Jurisdictional competence
. The Parties elect domicile in their respective headquarters and domicile for the execution of the present TCS.
. Should no amicable solution be found to resolve potential disagreements, and by express agreement between the Parties, the disputes concerning the use of the Site by Users and/or validation of orders by Clients, the present Terms and Conditions of Services, their validity, their interpretation, their execution, consequences and repercussions, shall be brought before the competent French courts in accordance with the rules applicable to the given case, without prejudice to the application of a rule implying the competence of another jurisdiction, notwithstanding a plurality of respondents or a guaranteed appeal, specifically:
- either the jurisdiction of LE VADROUILLEUR head office, especially concerning disputes involving Users/Clients strictly acting as professional merchant;
- or the jurisdiction of the User’s place of residence at the moment of conclusion of the Contract or occurrence of damaging event;
- or any jurisdiction applicable by virtue of applicable Law.
Do not reproduce – Last update 02/06/2023