General Terms and Conditions of Sale and Use
General Terms and Conditions of Sale and Use
Scope
These terms apply to all uses of the Spirit Gallery / From Spirit Gallery Site by natural or legal persons, of legal age and/or legally capable.
This document applies, without restriction or reservation, to all sales concluded between the Parties in France and abroad. No particular condition can, except for a formal exception in writing and signed by the Client and the Seller, prevail over these General Terms and Conditions of Sale and Use. If any clause of these general terms and conditions of sale were to be null or void, the other clauses would not be nullified.
Any use of the Site implies that the User has read and agrees to these general conditions. Prior to validating any order, the User must acknowledge that they have read the General Terms and Conditions of Sale and Use (GTSU) and accept them. To this end, no handwritten signature will be required. In any case, the GTSU are accessible at any time from the Site. The Seller reserves the right to make modifications to these in order to adapt them to the sales and operation methods of the Site and a Product.
Glossary
Client: Any natural or legal person with a personal account on the Site.
Platform: Spirit Gallery sales platform.
Seller: Professional, supplier of products or services intended for sale on the Site.
Product: Any item for sale on the Site and listed in the catalog.
User: Anyone who visits the Site and/or requests the creation of a personal account.
Seller and Site Identification
The company Guthmann Finance is located at 75 rue Saint-Lazare, 75009, Paris, France.
The Seller can be contacted:
By email at the following address: fromspiritgallery@gmail.com
By phone at: +33745118447
By mail at the following address: 75 rue Saint-Lazare, 75009, Paris, France
The Spirit Gallery website is published by Guthmann Finance and hosted by OVH.
Purpose
The Seller engages in the sale of spirits.
The realization, design, and creation of the Products are carried out by the Seller, who may call upon external professionals for the supply of materials and certain tasks related to the creation of the Products.
As part of the provision of its services, the Service Provider may call upon external professionals, which the Client accepts and acknowledges.
Prices
The prices are freely set by the Seller. The prices in force on the day of the order and communicated by the Seller are the prices practiced. Any additional fees or surcharges may apply in the event of specificities due to the nature of the Product, Client requirements, delivery methods, or other factors.
In any case, the total amount is indicated to the Client prior to the validation and payment of their order. If applicable, any additional charges that may be applied will be expressly specified to the Client. Prices are in euros and include all taxes (VAT).
No reminder is required for the application of late penalties, which run automatically from the first day of late payment. The amount of the penalties is determined by applying three times the legal interest rate in force at the time of the incident to the amounts still due. In addition, a lump-sum indemnity for recovery costs of 40 euros will apply under Article D 441-5 of the French Commercial Code.
Payment Methods
The Client selects their method of payment at the end of their order and has the option to pay by:
Credit card
Product and Order Provisions
Products
The Products are those listed in the Seller's list or catalog or those offered by the Seller to the Client based on their request and needs.
The Seller undertakes to comply with all legal and regulatory provisions, both French and European, applicable to the sale of food products, especially regarding packaging and storage conditions.
Purchases and Orders
Any purchase or order of one or more Product(s) by a Client is made on request and subject to the availability of the desired reference(s).
Any request must be made by the Client:
Via the website
Delivery
Delivery takes place in accordance with the information provided to the Client or selected by the Client at the time of their order. The Products are shipped by a third party who will provide the Seller with all information related to the delivery tracking upon shipment of the order. Upon receipt of this information, the Seller will forward it to the Client. The Seller undertakes to ensure that the announced deadlines are met. Any delay in the preparation and shipment of the order will be notified to the Client by email, phone, or SMS.
Cancellations, Returns, and Product Warranty
The Client does not have the option to return the order upon receipt.
In terms of Product warranties, the legal and regulatory provisions, both French and European, relating to sales to individuals apply.
Right of Withdrawal and Withdrawal Period
In accordance with the Consumer Code, the individual Client has a period of fourteen days to exercise their right of withdrawal from the conclusion of a distance contract. This right also applies to discounted, used, or clearance Products. The right of withdrawal will only apply if the Client has not used the ordered Products. Any unpacked, damaged, or used Product by the Client cannot be subject to a right of withdrawal on their part. Using the right of withdrawal after sending the ordered Product(s) will require a return to the sender at the Seller's expense. The same applies to shipping costs if the order has already been shipped and/or received.
To exercise their right of withdrawal, the individual Client shall, before the expiration of the fourteen-day period, send a written declaration by post or electronically to the coordinates provided above in these GTSU.
The Seller provides its Clients with a withdrawal form model as follows:
"To the attention of Guthmann Finance,
Ordered on / received on: XXX
Consumer's name: XXX
Consumer's address: XXX
Date: XXX
Consumer's signature: XXX"
The Seller will proceed with the refund within 14 days from the day the Client exercised their right of withdrawal and upon receipt of the Products if they have already been shipped. It will be done by the same means as used by the Client for the initial transaction.
Liability
The Seller's liability does not extend to direct or indirect consequences, whether on persons or property, resulting from a malfunction of a product sold, subject to the mandatory legal provisions. The Seller's liability is strictly limited to the amounts of the Products sold. Its liability cannot be engaged in case of the Client's non-compliance with the obligations of these GTSU. Liability cannot be engaged in case of misuse of the purchased Product(s), any modification made to the functionalities or intended use of the Product(s), or for any cause beyond the Seller's control. Any delay in the delivery of the order due to a cause external to the Seller and beyond its control cannot be attributed to it.
Any action taken by the Client due to the manufacturing of the Product(s), their packaging, and storage can be taken against the Seller, who may in turn seek recourse, call for a guarantee, or involve its material supplier(s) or any professional who contributed to the creation of the Products.
Intellectual Property
In accordance with Article L122-4 of the Intellectual Property Code, "any representation or reproduction, in whole or in part, made without the consent of the author or his assigns or successors in title is unlawful. The same applies to translation, adaptation, transformation, or reproduction by any art or process whatsoever." The Client only has the right to use and modify the Product(s) and the Service(s), their content, and all elements, whether visual or auditory, texts, layouts, illustrations, photographs, documents, as well as all elements that may be made available to them, in accordance with their use, instructions, usage guides, and applicable legal and regulatory provisions.
The Seller retains all copyright and industrial and intellectual property rights relating to the brand, products, designs, models, photos, catalogs, and technical documentation.
Reselling a product for more than twice its original price is strictly prohibited.
Failure to comply with these provisions exposes the perpetrator to legal action.
Personal Data Protection
In accordance with Law No. 78-17 of January 6, 1978, and the provisions of General Data Protection Regulation (GDPR) No. 2016/679, the Client has the right to inquire, access, modify, object to, and rectify their personal data by contacting the Seller:
By email at the following address: fromspiritgallery@gmail.com
By mail at the following address: 75 rue Saint-Lazare, 75009, Paris, France
Force Majeure
The Seller's liability cannot be invoked if the non-performance or delay in the performance of one of its obligations described in these general terms and conditions of sale results from a force majeure event as defined in Article 1218 of the French Civil Code.
Applicable Law and Competent Jurisdiction
In the event of any discrepancy between two versions of the same General Terms and Conditions of Sale in French and English, the French version shall prevail.
These general terms and conditions are subject to French law. French law and French courts have jurisdiction in the event of a dispute or disagreement between the Parties.
Site Usage Terms and Conditions
Users
Each User undertakes to make appropriate use of the Site, to provide truthful information about their organization, contact details, and all information communicated when requesting registration.
Clients
Each Client undertakes to keep their data up to date each time they use it on the Site. They also undertake not to engage in illegal or unlawful activities, not to disseminate content or propaganda contrary to good morals, good faith, and public order.
Ordering Process
Each User must provide the information requested by the Site for any order, including:
First name
Last name
Postal address
Email address
Phone number
The Client must accept these general terms and conditions of sale and use, which are accessible at any time.
The Client will have all the information about the Products, their description, and reference, before any order validation. The order process is as follows:
Selection of Product(s) available on the Site and desired by the Client and adding the Product(s) to their online shopping cart.
After selection and before order validation, the Client has access to their cart and the summary of the desired Products, the unit price of each item, any delivery charges, and the total amount. They have the option to add or remove items.
The Client then provides the information regarding the delivery of their order and selects the desired payment method.
The order is validated once payment is accepted. The Client then receives all the information regarding the confirmation of their order.
The Client has all the legal information available in the general terms and conditions of sale and use (which can be consulted or downloaded at any time).
Responsibility for Site Usage
The Site cannot be held responsible for damages of any kind that may result in errors or omissions in the content, the unavailability of the Site, or the transmission of viruses, malicious programs, or harmful elements, despite the adoption of all technological measures aimed at avoiding this inconvenience. The Site declines all responsibility for the possible consequences of a User's connection to the Site through an insecure and/or faulty internet network.