Article 1. Scope of application.
The use of the e-commerce Website "whiskylodge.com" is strictly prohibited to individuals under the age of eighteen (18).
These General Terms and Conditions (GTC) are established in accordance with Article 20 of Law 2020-105 of 10 February 2020 amending Article L211-2 of the French Consumer Code.
They are not applicable to professional customers.
They constitute a document established by the limited liability company THE WHISKY LODGE, registered under the number 93B03221, located 7, rue Ferrandière in LYON, FRANCE, represented by its manager Pierre TISSANDIER and referred to as the Vendor.
The General Terms and Conditions govern the contractual relationship with the customer, referred to as the Customer. They are valid for the same period as the Website.
In accordance with articles L111-1 et seq. of the French Consumer Code, the purpose of the GTC is to provide information on the conditions of online sales prior to the transaction.
The transaction takes place via the e-commerce Website "whiskylodge.com", which is entirely the property of the limited liability company THE WHISKY LODGE (logos, photographs, illustrations, texts, articles, software, domain names, registered trademarks, videos and sounds).
In the case of e-commerce, the unreserved acceptance of the GTC by the Customers is deemed to take place when the goods are ordered. To this end, the Customers must tick the box provided for this purpose on the Website, indicating that they have read and accepted these GTC.
Under Ordinance 59-107 of 7 January 1959 and Law 74-631 of 5 July 1974, the sale and offer of alcoholic beverages to minors or those with an equivalent status is prohibited.
The persons who engage in a transaction therefore declare on their honour that they have the legal capacity required to contract the purchase. In case of doubt, the limited liability company THE WHISKY LODGE reserves the right to ask customers for proof of this capacity.
In application of Articles L3323-2 and L3323-4 of the French Public Health Code, the attention of the Users of the Website is drawn to the fact that "alcohol abuse is bad for the health and that it should be drunk in moderation".
Article 2. Specificities of the goods sold
The online offers available on " whiskylodge.com " may not be available in the brick-and-mortar store of the Vendor.
The special offers available in the brick-and-mortar store of the Vendor are not available on the "whiskylodge.com" Website.
Each product sold on the Website is the subject of a descriptive sheet, called "product sheet", indicating the specificities of the product and its price expressed in euros with taxes.
The photographs illustrating the product are not contractual.
The Vendor agrees to deliver a product whose specificities are compliant with those documented on the product sheet to the Customer.
The presentation of products may be modified at any time on the "whiskylodge.com" Website, without prior notice and without the Customer being able to claim a prejudice.
The "whiskylodge.com" Website offers rare bottles for sale, identified as such on the product description. Because of their rarity, the sale of these bottles is subject to the conditions listed below.
Article 3. Order and price
The online purchase of products from the Website is exclusively reserved for Customers residing in mainland France.
The order is placed through the whiskylodge.com Website.
The Customers must select one or more products, add them to their basket and validate it according to the Terms specified on the Website. The customers have three options:
- To open a customer account by entering their personal information as indicated on the Website;
- To log in to their existing customer account;
- To continue their order as a "guest".
Finally, the Customers must fill out the delivery and payment forms and then validate the order. Once the order has been validated, it is confirmed by an e-mail, generated automatically by the Website, sent to the address indicated by the Customers.
The cost of the product is the one displayed on the Website, in euros and including VAT, plus delivery costs. The VAT will be that applicable on the day of the order. Any change in the rate, as well as any new tax, will be reflected in the price of the products.
The prices of the products may be modified at any time by the Vendor, the price featured online when the order is placed shall be the only one applicable to the Customers.
The language applicable to these conditions is French.
Delivery costs are indicated on the Website. They differ according to the weight and amount of the order. They are defined on the basis of a standard delivery by one of the following operators: Chronopost, DHL, Colissimo, Fedex, UPS.
At the time of the order, the Customers are deemed to have accepted the prices and descriptions of the products available for sale online.
For products presented as "rarities", the Vendor will offer the Customers "premium" delivery involving higher costs and implying an additional guarantee. The Customers are deemed to have agreed as they initiate the ordering process.
For the order of rarities and for any order over 200.00 € including VAT, the Vendor reserves the right to request additional information on the identity of the Customers and the guarantee of payment.
The Customers are obligated to pay at the time of the order.
The Customers are required to indicate their identity, contact details and choice of payment method: credit card, American Express, PAYPAL, bank transfer. In the latter case, the order will only be executed once the Vendor has received confirmation of payment from his bank. It follows that the products are not reserved in the case of bank transfers until the confirmation of the latter, the transaction being concluded by the payment.
An e-mail shall be sent to the Customers’ address by the Vendor to inform them that their order is being processed.
The Vendor reserves the right to refuse a sale for legitimate reasons, more specifically in the case of a particularly large order for a regular Customer, a doubt about the identity of the Customer or an ongoing dispute relating to the payment of a previous order.
The order will be dispatched at the latest within five (5) working days following receipt of payment for the order.
Article 4. Delivery
The products on the Website will be delivered while stocks last.
In the event a product ordered and paid for becomes unavailable, the Vendor will inform the Customers and offer them a product that is equivalent in quality and price, or issue the Customers with a credit note for the amount of the order which could not be honoured, including shipping costs, or to reimburse the Customers by bank transfer for the sums paid at the time of the order.
The Customers are obliged, upon delivery, to ensure the package and the product are not damaged. The delivery must be refused if the package and/or the product are damaged. However, if the Customers notice the product is damaged after the delivery, they must warn the Vendor without delay by e-mail at the following address: firstname.lastname@example.org or by phone at +33 4 78 42 48 22.
The same procedure applies in case of loss of a shipment.
The Vendor will then proceed with the replacement under the conditions stipulated in the second paragraph of this article.
The delivery costs differ according to the weight and the amount of the order.
Article 5. Transfer of ownership
The Customer and the Vendor agree that the transfer of ownership is deferred until the full payment has been made by the Customer.
The Customer and the Vendor agree that the risk associated with ownership of the goods is transferred to the Customer once the Customer takes physical possession of the goods.
The Vendor shall therefore bear the risk of the goods sold until the goods are delivered to the Customer.
Article 6. Guarantee of conformity and hidden defects
The products sold on the "whiskylodge.com" Website are compliant with the description on the data sheet, subject to the provisions of article 1.
In case of lack of conformity, the Customer must return the product complete and in its original packaging to the Vendor, the shipping costs being fully borne by the latter. Upon receipt of the non-compliant product, the Vendor shall send the compliant product to the Customer, with the shipping costs being borne by the Vendor.
In application of articles 1641 to 1649 of the French Civil Code and L111-1 to L111-8 of the French Consumer Code, the Customer benefits from statutory warranty against hidden defects.
For this warranty to apply, the defects must have been hidden (not apparent at the time of purchase), must have existed at the time of purchase, and must render the good unfit for its intended use or greatly reduce its usefulness.
Actions based on the statutory warranty against hidden defects must be brought against the Vendor:
Either by e-mail to the following address: email@example.com indicating the order number together with proof of payment of the purchase.
Or by returning the goods to the Vendor against a receipt if the Customer wish a full refund.
It is up to the Customer to prove the existence of the hidden defect.
The Customer can either keep the product or return the product and request a refund of the price paid, including shipment costs. In the latter case, the refund will be made exclusively by bank transfer to the Customer’s account
Article 7. Right of withdrawal
In application of articles L221-18 to L221-28 of the French Consumer Code, the Customer has a right of withdrawal of fourteen (14) days from the date of receipt of the goods in the case of a transaction concluded at a distance.
This right only concerns unopened and undamaged products, in the original packaging.
The right of withdrawal is exercised by sending the form provided on the whiskylodge.com Website to the Vendor or by e-mail to firstname.lastname@example.org, expressing clearly the will of the Customer to withdraw. The Vendor shall then send by e-mail an acknowledgement of receipt to the Customer.
Following the exercise of the right of withdrawal, the Customer, in possession of the acknowledgement of receipt, must return the product to the following address The WHISKY LODGE 7, rue Ferrandière 69002 LYON, FRANCE, within fourteen (14) days following the acknowledgement of receipt from the Vendor.
The Customer shall then bear the direct costs of returning the goods.
The Customer will be reimbursed fourteen (14) days after the Vendor was notified of the withdrawal. However, the refund may be deferred until the Vendor has received the goods.
The refund will be made exclusively by transfer to the customer’s bank account.
The Vendor will not proceed to any refund in his brick-and-mortar store for a product purchased online.
The simple return of the good or the refusal of delivery do not constitute a withdrawal.
Article 8. Data protection
The Website " whiskylodge.com " collects personal data about the Customer. This data is required to process the order. It is used to process the order and for other purposes such as direct marketing or commercial operations, to analyse the performance of the Website, without this list being exhaustive.
Personal data is processed in accordance with the provisions of Law 78-17 of 6 January 1978, known as the "Information Technology and Civil Liberties" Law, the European Regulation 2016/679 on the protection of individuals with regard to the processing of personal data, known as the General Data Protection Regulation, and Law 2004-595 of 21 June 2004, known as the Law on Confidence in the Digital Economy. The Customers have the right to access, rectify and delete their personal data. They also have the right to portability of their data.
Any request relating to data protection should be sent by post to THE WHISKY LODGE 7, rue Ferrandière 69002 LYON, FRANCE, or by e-mail to email@example.com.
Article 9. Disputes
In the case of a private individual, any disputes shall fall within the jurisdiction of the Lyon judicial court.
In accordance with article L211-3 of the French Consumer Code, the Customer is informed of the possibility of having recourse, in the event of a dispute, to the consumer mediation procedure provided for in Title I of Book VI of this Code.