ARTICLE 1: PURPOSE

These Time-Shaker SAS general terms and conditions (hereinafter the "General Terms and Conditions") govern the relationship between Time-Shaker SAS (hereinafter "Time-Shaker SAS"), whose business is the preparation and sale of cocktails, whether alcoholic or non-alcoholic, delivered to your home (hereinafter the "Products"), Time-Shaker SAS, registered in the Montpellier Trade and Companies Register under number 902936400, whose registered office is located at 8 rue Louis Bréguet, bâtiment B, 34830 JACOU and any person or company (hereinafter the "Customer") wishing to use the website accessible at time-shaker.fr (hereinafter the "Site"), in order to order one or more Products. 

The site's publication director is Mr Vincent Guilbert.

The Site is hosted by o2switch.

Ordering a Product on the Site implies unreserved acceptance of the General Terms and Conditions, which the Customer acknowledges having read prior to ordering.

These General Terms and Conditions shall prevail over any other document unless otherwise agreed in writing by Time-Shaker SAS.

 

Time-Shaker SAS reserves the right to modify the present Terms and Conditions at any time, without prior notice, it being understood that such modifications will be inapplicable to orders previously accepted and confirmed by the Customer.

ARTICLE 2: PRODUCTS

 

Time-Shaker SAS reserves the right to modify the Products offered at any time without prior notice to the Customer.

 

The Products offered by Time-Shaker SAS constitute "alcoholic beverages" within the meaning of article L.3342-1 of the French Public Health Code, which stipulates that "the sale of alcoholic beverages to minors is prohibited" and that "the person supplying the beverage requires the customer to provide proof of age". Thus, by placing an order, the Customer guarantees to be over eighteen years of age. Time-Shaker SAS will request proof of age and reserves the right to refuse delivery to any customer under the age of eighteen, or under the influence of alcohol, drugs or medication.

 

Alcohol abuse is dangerous for your health. Drink in moderation.

 

Consumption of alcoholic beverages during pregnancy, even in small doses, can have serious repercussions on the child's health.

 

Time-Shaker SAS shall in no event be liable for any damages whatsoever resulting from improper use or misuse of the Products by the Customer or any third party.

 

ARTICLE 3: ORDERING

 

When the Customer orders Products by clicking on "Add to basket" and then confirms the entire order by clicking on "Proceed to payment", he/she is considered to have accepted the content and conditions of the order, and in particular the present General Terms and Conditions, the prices, characteristics, quantities and delivery times of the Products ordered, with full knowledge of the facts. Time-Shaker SAS will then confirm this order by sending the Customer an e-mail and/or SMS.

 

The offers presented by Time-Shaker SAS are valid while stocks last. In the event of unavailability of one or more Products after the Order has been placed, the Customer will be notified by e-mail and/or SMS and/or telephone. The amount of the order will be recalculated and the Customer will be debited with the new amount, less the missing Products, without further compensation.

 

Time-Shaker SAS reserves the right to cancel an order if it is completely unavailable. The customer will be reimbursed for the cost of the order, without further compensation.

 

The purchase and delivery of Products will only take place during delivery times.

 

Time-Shaker SAS cannot be held responsible for any prejudice suffered by the Customer, of any nature whatsoever, linked to the unavailability for sale of the Products.

 

ARTICLE 4: PRICES AND PAYMENT

 

Prices are indicated in euros, inclusive of all taxes (at the VAT rate applicable on the day of payment), it being understood that the Products ordered will be invoiced at the prices in force at the time of the order.

 

Product prices do not include delivery charges, the amount of which is communicated prior to validation of each order.

 

Product prices may be modified by Time-Shaker SAS at any time without prior notice to the Customer. The Customer will nevertheless be invoiced at the price applicable at the time of his/her order, and declares that he/she is aware of this price and accepts it before validating the order.

 

The Customer pays for his online order by credit card. The Customer warrants to Time-Shaker SAS that he/she is fully authorized to use the credit card for the payment of his/her order and that the credit card used gives access to sufficient funds to cover all costs resulting from his/her order.

 

Purchases are debited from the Customer's account when the order is processed by Time-Shaker SAS.

 

Time-Shaker SAS reserves the right to suspend or cancel any order in the event of refusal to authorize payment by credit card, in the event of non-payment or in the event of a payment incident.

 

Delivery of any new order may be suspended in the event of late payment or difficulty in paying for a previous order.

 

Time-Shaker SAS makes every effort to ensure the security and confidentiality of data transmitted online.

 

It is the customer's responsibility to save and print their payment receipt if they wish to keep the bank details relating to their transaction.

 

ARTICLE 5: DELIVERY

 

Delivery of Products is offered only in the geographical delivery zone and during the delivery times determined by Time-Shaker SAS and displayed on the Site.

 

Orders outside this geographical area or outside the order times cannot be taken into account.

 

If Time-Shaker SAS has mistakenly accepted an order that does not correspond to the delivery zone or delivery times, this order may be cancelled by Time-Shaker SAS without incurring any liability. The Customer will then be reimbursed for the costs incurred for this order, without any further compensation.

 

Delivery times displayed on the Site are indicative times, corresponding to average processing and delivery times, which are not binding on Time-Shaker SAS. The delivery time will be indicated to the Customer by e-mail and/or SMS and/or telephone. If necessary, the Customer will be informed of any additional waiting time.

 

The Products will be delivered to the address indicated by the Customer at the time of ordering.

 

The order must be collected by the Customer directly from the courier at the bottom of the building at the address indicated.

 

When placing an order, the Customer undertakes to provide accurate personal information. If the information provided does not enable the courier to deliver the order, Time-Shaker SAS reserves the right to cancel the delivery, without refund or compensation.

 

Time-Shaker SAS will not be held responsible for any delay on the part of the Customer in receiving the order. A second delivery may be arranged, at the Customer's expense. The time of delivery will be determined by Time-Shaker SAS.

 

Time-Shaker SAS delivers all its Products fresh and undertakes to ensure that they are well preserved during transport.

 

In the event of an error in the order received by the Customer and attributable to Time-Shaker SAS, Time-Shaker SAS undertakes to refund the amount of the undelivered Products without any other compensation.

 

In the event of Time-Shaker SAS failing to meet its delivery obligation, the Customer may cancel the contract under the conditions of article L. 216-2 of the French Consumer Code. The Customer will then be reimbursed for the costs incurred on the order in question, without any further compensation.

 

ARTICLE 6: PERSONAL DATA

 

In accordance with the French Data Protection Act No. 78-17 of January 6, 1978, as amended, Time-Shaker SAS informs the Customer that it respects the confidentiality, integrity and security of data communicated when ordering on the Site.

 

The customer's personal information and data collected by Time-Shaker SAS are necessary for order management. It is also used to improve and personalize the services offered and the information sent to customers.

 

The processing of personal data collected by Time-Shaker SAS has been declared to the French Data Protection Authority (Commission nationale de l'informatique et des libertés).

 

Customers are informed that they have the right to access, oppose, rectify and delete their data.

 

To this end, he or she may demand that any information concerning him or her that is inaccurate, incomplete, ambiguous, out-of-date or whose collection, use, communication or storage is prohibited be rectified, completed, clarified, updated or deleted.

 

The Customer may exercise this right at any time by contacting Time-Shaker SAS via the contact form accessible on the Site, indicating his surname, first name and e-mail address.

 

Time-Shaker SAS will do its utmost to make the requested changes as quickly as possible.

 

ARTICLE 7: USE OF COOKIES ON THE SITE

 

In order to better understand the behavior of its customers, the Site may use "cookies". These are small text files stored on the hard disk of the customer's computer, which do not allow the customer to be identified, but which record information relating to the computer's browsing on a site.

 

The use of cookies, whether our own or third-party, requires the Customer's express consent. The customer can express his consent or oppose the use of cookies by setting the appropriate parameters on his connection device.

 

Customers are informed that if they object to the installation of cookies or delete them, use of the Site may be impaired or even impossible.

 

ARTICLE 8: INTELLECTUAL PROPERTY

 

In general, the Customer agrees not to infringe the intellectual property rights (copyright, neighbouring rights, sui generis rights of database producers, trademark rights, domain names, etc.) of Time-Shaker SAS and/or any third party.

 

Time-Shaker SAS owns all intellectual property rights to the structure and content of the Site (names, texts, recipes, images, software, icons, sound elements) or has regularly acquired the rights to use the structure and content of the Site.

 

Any reproduction, representation or adaptation, in whole or in part, of these elements requires the prior written consent of Time-Shaker SAS.

 

Failure to comply with these prohibitions may, in particular, constitute an act of counterfeiting and/or unfair and parasitic competition for which the customer may be held civilly and/or criminally liable. 

 

ARTICLE 9: FAILURE BY THE CUSTOMER TO COMPLY WITH THE GENERAL TERMS AND CONDITIONS

 

Non-compliance by the Customer with the obligations subscribed to under the terms of the present General Terms and Conditions as well as any incident of payment of the price of an order and any action contrary to the interests of Time-Shaker SAS, such as the provision of false information, may result in the suspension of access to the services of Time-Shaker SAS.

 

ARTICLE 10: LIABILITY OF TIME-SHAKER SAS

 

Time-Shaker SAS cannot be held liable for the obligations of the present General Terms and Conditions if the non-performance of its obligations is attributable to the act of a third party, to the fault of the Customer, or to the occurrence of an event of force majeure.

 

In accordance with Articles L.217-4 et seq. of the French Consumer Code, Time-Shaker SAS delivers a Product in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. In the event of a lack of conformity, the Customer may request replacement of the Product. The Customer does not have to prove the existence of a lack of conformity during the twenty-four months following delivery of the Product. The Customer has a period of two years from the date of delivery of the Product to take action under the legal warranty of conformity.

 

The legal warranty of conformity applies independently of any commercial warranty.

 

In addition, Time-Shaker SAS is liable for hidden defects in the item sold under the conditions stipulated in articles 1641 et seq. of the French Civil Code. The Customer may decide to invoke the warranty against hidden defects in the Products. In this case, he may choose between cancellation of the sale or a reduction in the sale price of the Products.

 

To the extent permitted by applicable law, Time-Shaker SAS expressly disclaims all other warranties with respect to the Customer. In particular, Time-Shaker SAS does not warrant that use of the Site will be free from defects, errors or bugs, or that defects, errors or bugs can be corrected, or that the Site will operate without interruption or failure.

 

ARTICLE 11: RIGHT OF WITHDRAWAL

 

In accordance with article L.221-28-4 of the French Consumer Code, the right of withdrawal cannot be exercised for contracts for the supply of goods that are likely to deteriorate or expire rapidly, which includes Products.

 

Therefore, the Customer may not exercise any right of withdrawal. Products sold by Time-Shaker SAS cannot be returned or exchanged, except in the event of an error attributable to Time-Shaker SAS, particularly in the event of delivery of Products that do not correspond to the Customer's order.

 

ARTICLE 12: PARTIAL DISABILITY

 

In the event that one or more clauses of the General Terms and Conditions are deemed invalid by a competent court, the other clauses shall retain their scope and effect.

 

The clause considered invalid will be replaced by a clause whose meaning and scope will be as close as possible to the clause thus invalidated, while remaining in conformity with the applicable legislation and the common intention of Time-Shaker SAS and the Customer.

 

ARTICLE 13: APPLICABLE LAW

 

The interpretation, validity and execution of these General Terms and Conditions are governed by French law.

 

ARTICLE 14: JURISDICTION

 

In accordance with articles L.612-1 to L.612-5 of the French Consumer Code, the customer has the right to have recourse, free of charge, to a consumer mediator for the amicable resolution of a dispute with Time-Shaker SAS.

 

The customer may ask for the dispute to be resolved by one of the mediators competent in matters of e-commerce and distance selling, and in particular by one of the mediators indicated on the list drawn up by the French Ministry of the Economy and Finance, which can be accessed at the following address: http://www.economie.gouv.fr/mediation-conso/saisir-mediateur.

 

Failing amicable resolution, any dispute, difference or claim arising out of and/or in connection with these General Terms and Conditions shall be submitted to the competent French jurisdiction in accordance with the legal provisions in force.