GENERAL TERMS AND CONDITIONS OF SALE

ARTICLE 1 – GENERAL

1.1. Scope

The online spirits sales website located at the address www.epicureansspirit.com (hereinafter the “Website”) is established and edited by the company Epicureans Spirit, registered under number 92518852600014 at the RCS Paris B 925 188 526, with its registered office located at 11 rue de Javel 75015 Paris France.

These general terms and conditions of sale apply to all online sales of alcoholic beverages and service accessories (hereinafter the “Products”), made directly on the website, by telephone, or by email, between Epicureans Spirit and any natural person aged 18 or over, contracting solely for their personal use and not for the purposes of their commercial, industrial, artisanal, or liberal activity (hereinafter the “Customer”).

1.2. Acceptance of these general terms and conditions of sale

The Customer is required to systematically and comprehensively read these general terms and conditions of sale before placing any order. Any order through the Epicureans Spirit website or acceptance of an offer by Epicureans Spirit via telephone or email implies prior consultation and unconditional acceptance of the entirety of these general terms and conditions of sale.

Epicureans Spirit reserves the right to adapt or modify its general terms and conditions of sale at any time. The applicable general terms and conditions of sale will be those accepted by the Customer and in force at the time of placing the order, and which are still accessible from the order confirmation email.

1.3. Validity

These general terms and conditions of sale apply in mainland France. They prevail over any other different or contrary clause appearing in documents, correspondence, or orders from the Customer. Any deviation from these general terms and conditions of sale must be the subject of prior, express, and written acceptance by Epicureans Spirit.

The fact that Epicureans Spirit does not avail itself of any clause in these general terms and conditions of sale cannot be interpreted as waiving the right to invoke it later.

In the event that any clause of these general terms and conditions of sale is declared null, illegal, or unenforceable, in whole or in part, the other clauses shall remain in force and shall continue to have full effect.

ARTICLE 2 – PRODUCTS

2.1. Description of the Products

Epicureans Spirit meticulously designs its product descriptions on the website to be as comprehensive as possible. The essential characteristics presented include a photograph of the Product, its label, and a detailed description. The Products offered are regularly updated according to our range of products.

The Customer is invited to consult the description of each Product to learn about its characteristics. The product description is the sole contractual source of information, with Epicureans Spirit reserving the right to update or complete the Product descriptions at any time.

2.2. Product Availability

Product offers remain valid within the limits of available stocks, and Epicureans Spirit reserves the right to apply restrictions on the desired quantities.

In case of delayed availability of Products beyond the delivery deadline indicated on the order confirmation, Epicureans Spirit will suggest to the Customer either to cancel the order or await the availability and delayed delivery of the ordered Product.

In the event of definitive unavailability of one or more ordered Products not indicated on the Website, the Customer will be informed as soon as possible and will have the option to cancel the order. In case of cancellation of the order by the Customer, Epicureans Spirit will refund the amounts paid using the payment method used for the order, within fourteen (14) days from the date of cancellation.

Epicureans Spirit reserves the right, at any time and at its sole discretion, to withdraw one or more Products from sale on the Website. Considering the rare or speculative nature of certain products, Epicureans Spirit reserves the right to apply restrictions on available quantities, or even to refuse or cancel an order that deviates from the norm.

Discounts and promotions are not cumulative and are limited to once per household (same name, same address). Promotion codes are not cumulative: only one code can be used per transaction.

ARTICLE 3 – ORDERS

3.1. Ordering Process

Ordering via the Website

To place an order on the Website, the Customer fills their “Cart” by clicking on the “Add” button for the selected Product on the website, from the product description page containing clearly and legibly a photograph, references, characteristics, quantity, and the inclusive price of the Product.

The Customer can choose as many Products as they wish within the limit of available stock and the limit set at 12 bottles per order. After each click “Add,” the Product will be added to the Customer’s cart with a summary showing the Product with its photograph, the number of items, the unit price inclusive of VAT. The Customer is invited to continue shopping by pressing the “Continue shopping” button or to finalize their order by clicking on the “Go to cart” button.

By clicking on the “Go to cart” button at the end of their selection, the Customer can then view the details of their order with a summary of the selected Products, quantities, unit prices, and the total price excluding delivery charges, and will have the option to make changes to their order (products, quantities), continue their selection by clicking on the “Continue shopping” button, or finalize their order by clicking on “Proceed.”

To complete the ordering process, the Customer must successively:

3.2. Order Confirmation

Once the order for Products has been placed and confirmed by Epicureans Spirit, the Customer receives an automatic confirmation email containing the invoice, these general terms and conditions of sale, and confirming the successful completion of the purchase. For this purpose, the Customer accepts the use of email as confirmation by Epicureans Spirit of the contents of their order.

A delay in processing the order may occur in the following circumstances, without Epicureans Spirit being held responsible: errors in the contents of the Customer’s cart, incorrect information provided in the form, an alert message generated by the online payment system, etc. In these circumstances, which are not exhaustive, Epicureans Spirit’s Customer Service will directly contact the Customer to resolve the issue.

From the confirmation of the order by Epicureans Spirit, the Customer is considered to have acknowledged and unconditionally accepted the prices, volumes, and quantities of the ordered Products, as well as the entirety of these general terms and conditions of sale.

In accordance with Article L.213-1 of the Consumer Code, when electronic sales amount to 120 euros or more including tax, Epicureans Spirit keeps the contractual documents for ten (10) years and guarantees their access to the Customer, who may consult.

3.3. Refusal and cancellation of orders

It is specified that Epicureans Spirit may refuse all or part of an order from a Customer if the quantity ordered or the frequency of orders seems abnormal in relation to the normal needs of private customers.

In particular, Epicureans Spirit reserves the right to refuse any order for more than 12 bottles of spirits.

Epicureans Spirit also reserves the right to refuse or cancel any order from a Customer with whom there is a dispute over payment of a previous order or an objective suspicion of fraud.

ARTICLE 4 - PRICES AND TERMS OF PAYMENT

4.1. Prices

Prices quoted on the Site are in euros, inclusive of taxes and duties, and exclude delivery charges. VAT is that applicable in France at the time the order is placed. Prices do not include customs duties and import/export taxes for orders to countries outside France.

The prices of Products are those shown on the Site on the date of confirmation of the order by the Customer. Epicureans Spirit reserves the right to modify the prices in force on the Site at any time. The new price will be automatically updated on the Site, and the price change will be automatically applicable on the date of publication of the price change.

Products are invoiced at a price including VAT, to which must be added the delivery charges applicable on the day of the order. Delivery charges vary according to the type of transport and the place of delivery.

The price is paid in full when the order is placed. The total amount of the order will be cashed at the time of the final validation of the order. All deliveries to the carrier are subject to prior payment in full of the goods ordered and the transport costs.

4.2 Payment methods

Payment for purchases made on the Site or by telephone or e-mail can be made as follows:

Payments by check are not accepted.

The Customer declares to be authorized to use their bank account for payment of their order and that they have sufficient funds to fulfil said order.

The invoice will be sent by email to the Customer after the payment amount has been received.

Payment Delays

Any amount not paid by the due date will automatically and without prior notice incur a penalty at the prevailing legal interest rate.

Epicureans Spirit will then require the Customer to pay compensation proportional to the incurred expenses.

Documentation

In order to limit fraud, Epicureans Spirit reserves the right, before confirming an order, to request the Customer to provide proof of identity, date of birth, place of residence, and the payment method used. In this case, order processing will commence upon receipt of these documents. Epicureans Spirit reserves the right to cancel the order in the absence of receipt of these documents or if the documents received are deemed non-compliant.

ARTICLE 5 – RESERVATION OF OWNERSHIP

Epicureans Spirit expressly reserves ownership of the Products sold until full payment by the Customer of the price and its effective collection by Epicureans Spirit.

Thus, the sale will only be considered effective when the payment has been confirmed. If payment is refused by the bank, the order will be automatically canceled, and the Customer will be notified by email.

ARTICLE 6 – DELIVERY AND RECEIPT OF PRODUCTS

6.1. Delivery

At the time of order confirmation, the Customer is invited to choose the mode of delivery for the Products. Several delivery methods are possible:

Standard: By choosing the “Standard” mode, the Customer receives their order within five (5) working days subject to stock availability and a limit of 12 bottles per order; and after final validation of their order by Epicureans Spirit.

Express: By choosing the “Express” mode, the Customer receives their order on the same day if the order is placed from Monday to Friday between 10 am and 4:30 pm.

Delivery times are indicative and start from the verification of customer data by Epicureans Spirit. Any delivery delay cannot justify order cancellation, damages and interests, deductions, or penalties in favor of the Customer. Epicureans Spirit invites the Customer to report any delivery delays compared to the delivery date indicated during order confirmation, to allow them to initiate an investigation with the carrier. Epicureans Spirit will keep the Customer informed of the investigation’s results and ensure that the Customer receives their order as soon as possible.

In any case, delivery within the specified timeframes only occurs when the Customer has provided Epicureans Spirit with complete and accurate information about the recipient’s details. The Products are delivered to the address specified in the order by the Customer, who remains fully responsible for the quality and accuracy of the information provided.

Indeed, the information provided by the Customer when placing the order binds them. In case of error in the recipient’s address details or a change of address by the Customer, Epicureans Spirit cannot be held responsible for the inability to deliver the Product.

6.2. Receipt

Upon receipt of the Products, the Customer must check the conformity and condition of their order and report to Epicureans Spirit, if any, any useful reservations regarding any apparent defects (missing or non-compliant product, damaged package, etc.) by email, with supporting evidence, to the following email address: contact@epicureans-spirit.com within 3 days following receipt of the Products.

For deliveries with hand delivery, with or without signature, reservations and anomalies must also be mentioned on the delivery note.

The Customer is responsible for providing evidence of the existence of defects or non-conformity of the products alleged by them, in case of defects observed on the Products attributable to poor transport or storage conditions.

ARTICLE 7 – RIGHT OF WITHDRAWAL

7.1. General principle

The Customer has the right to withdraw from the Product(s) ordered on the website, by phone, or by email within a period of fourteen (14) days from the receipt of their order by the designated person or another person who has physically taken possession of the goods.

To exercise their right of withdrawal, the Customer must notify Epicureans Spirit of their decision to withdraw by returning, before the expiry of the 14-day period, the form attached to these general terms and conditions of sale, duly completed, either by postal mail to the following address: Epicureans Spirit, 20 rue Cambon, 75001 Paris, France or by email to the following address: contact@epicureans-spirit.com.

After exercising their right of withdrawal, the Customer must imperatively return the new, intact, and unopened Product(s) in their original packaging, at the latest within fourteen (14) days following the date of sending their mail or email of withdrawal, with the return costs of the Product(s) being borne by the Customer. Any Product thus returned must be accompanied by the delivery slip received in the package or the invoice received by email upon confirmation of the order and shipment of the package.

Upon receipt of the Product(s) thus returned, Epicureans Spirit undertakes to fully refund the Customer the price of the returned Product(s), by credit on the bank card used by the Customer or by bank transfer depending on the payment method used for the initial transaction.

Effects of Withdrawal

In the event of withdrawal from this contract by the Customer, Epicureans Spirit will refund all payments received, including standard delivery charges (excluding any additional costs arising from the Customer choosing an Express delivery method, which will not be refunded to the Customer) without undue delay and at the latest fourteen days from the day on which Epicureans Spirit is informed of the Customer’s decision to withdraw from this contract.

The good must be returned to the address that will appear on the invoice header of the Epicureans Spirit order at the latest fourteen days after communicating the decision of withdrawal. This deadline is considered met if the good is returned before the expiration of the fourteen-day period.

The Customer will have to bear the direct costs of returning the good.

The Customer is only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

7.2. Exceptions

Epicureans Spirit reserves the right to refuse reimbursement in case of depreciation of the Product(s) resulting from handling other than those necessary to establish the nature, characteristics, and the proper condition of the Product(s).

It is specified that only Products returned in a condition allowing their resale by Epicureans Spirit will be accepted. As a result, returned Products that have been opened, unsealed, or whose label has been damaged, which are incomplete, damaged, or soiled will not be taken back. Any Product that has undergone a transformation will neither be refunded nor exchanged.

ARTICLE 8 – PRODUCT WARRANTY

For any claim related to a defect of the delivered Products, an inaccuracy in quantities, or wrong references compared to the order confirmation, Epicureans Spirit invites the Customer to contact Customer Service by email at contact@epicureans-spirit.com, within seventy-two (72) hours from the receipt of the Products.

The Customer has a period of five (5) working days from the delivery of the Products to return the non-conforming Products to the Epicureans Spirit Customer Service. Any non-conforming Product must be returned in its original packaging, unopened, along with a copy of the invoice and any other document possibly provided.

The maximum period for action under the legal warranty of conformity is two (2) years from the delivery of the Products. Epicureans Spirit will then offer the Customer either the cancellation of the order and refund of the amounts paid, or the retention of the Products and a partial refund of the price. Epicureans Spirit will cover the STANDARD delivery charges of the ordered and delivered Product(s) as well as the possible standard delivery of another Product.

The refund or any credits (including return costs) are established upon receipt of the Products whose non-conformity has been duly noted and accepted by Epicureans Spirit.

ARTICLE 9 – INTELLECTUAL PROPERTY

The elements published on the Site, such as texts, comments, sounds, videos, illustrations, photographs and images reproduced or represented on the Site, as well as the company names, trademarks, logos, and other distinctive signs reproduced on the Site are protected under intellectual property law.

Any reproduction or representation of all or part of the elements found on the Site is strictly prohibited and is likely to constitute an infringement that may engage the civil and criminal liability of its author.

ARTICLE 10 – TERMINATION CLAUSE

In the event of the Customer’s failure to comply with any of their obligations under these general terms and conditions of sale, Epicureans Spirit reserves the right, after simply noting this failure notified to the Customer by registered letter with acknowledgment of receipt, to proceed immediately with the resolution of the sale, without prejudice to any possible damages and interests.

ARTICLE 11 – FORCE MAJEURE

Epicureans Spirit’s obligations will be suspended in the event of force majeure as long as the circumstances generating this event of force majeure last, as defined by law and the jurisprudence of French courts. Any non-compliance with the delivery schedule resulting from this cannot in any case be attributed to either party nor justify any early termination of the order.

ARTICLE 12 – APPLICABLE LAW AND JURISDICTION

These general terms and conditions of sale and the transactions resulting from them are governed by French law. In the event of a dispute, the French courts will have exclusive jurisdiction, except for contrary provisions of the law of the country of the Customer’s habitual residence if it is located in the European Union.

ARTICLE 13 – DELIVERY

Delivery Times

The carrier strives to deliver parcels within 24/48 working hours on the national territory, excluding weekends and public holidays, in accordance with the transport plan.

For the Predict delivery solution in Metropolitan France, the delivery time depends on the EDI data transmitted by the Customer and the time slots chosen.

Delivery – Receipt

Delivery is made directly to the recipient or to an authorized third party, upon presentation of an ID. In case of absence, a notice of passage is left with instructions for the parcel withdrawal.

ARTICLE 14 – LIABILITY IN CASE OF LOSS OR DAMAGE

In case of partial loss or damage, the recipient of the shipment must note the loss and/or damages upon delivery by specifying on the delivery slip or the electronic transport title on the computer terminal equipped by the driver or the Pickup Relay according to the concerned product, precise, complete, quantified, dated, and signed reservations.

For national transports, it is up to the recipient to confirm these reservations by notifying the dedicated customer service of the carrier (the “Customer Service”) a reasoned protest by registered letter with acknowledgment of receipt in order to complete the reservations made during delivery by clearly and precisely specifying the exact nature and quantum of the loss or damage at the latest within three (3) working days (not counting Sunday and public holidays, following the day of receipt), from the delivery.

Only non-apparent damages (hidden damages) can be notified to the carrier, at the latest within seven (7) working days from the day after delivery for international transports by road and within fourteen (14) working days from the day after delivery for intercontinental air transports.

ARTICLE 15 – TARIFF CONDITIONS

If the costs related to the general conditions of operation, linked to factors independent of the will of the carrier or Epicureans Spirit, notably the price of fuels, evolved unfavorably to the carrier during the exercise, the carrier would reserve the right to proceed with an update of its tariff conditions (art. 18 of the standard contract – decree n°2017-461 of March 31, 2017, and art. 38 of the law n° 2008-776 of August 4, 2008).

ARTICLE 16 – PROTECTION OF PERSONAL DATA BY THE CARRIER

Personal data is processed in accordance with the laws in force, notably the GDPR. This Data is subject to the provisions of the Data Protection Act n°78-17 of January 6, 1978, as amended, to the current European regulations, in particular the European Regulation 2016/679, and to the recommendations of the National Commission on Informatics and Liberty (“CNIL”) (hereinafter together the “Applicable Regulations”).

For any information concerning the processing of your personal data by the carrier, please contact their customer service.

ARTICLE 17 – CONTACT

For any information, complaint, or question relating to these general terms and conditions of sale, the Customer can contact the Customer Service of Epicureans Spirit at the following details: