Terms of sale

Online General Terms and Conditions of Sale 

These General Terms and Conditions of Sale are up to date as of August 7, 2024.

1. DEFINITIONS

1.1. These General Terms and Conditions of Sale (hereinafter '' GTC '') are offered by the company Collectif Cordial (hereinafter ''The Company''), a simplified joint-stock company with a capital of 5,000 euros, registered with the Créteil Trade and Companies Register under number 899 325 666, whose registered office is at 28 avenue des Pépinières 94 260 Fresnes, France.

1.2. The company is the owner and publisher of the website www.oscodrinks.com (hereinafter ''the Site''). The Site is hosted by IONOS by 1&1.

1.3. The publication director is Marion Lebeau.

1.4. The Site offers the Client (hereinafter ''the Client'') the possibility to purchase bottles of non-alcoholic aperitifs, other non-alcoholic drinks, and spreads for aperitif consumption (the ''products'').

1.5. Before using the Site, the Client must ensure that they have the technical and computer means to use the Site and order products on the Site, and that their browser allows secure access to the Site. The Client must also ensure that the configuration of their hardware/equipment is in good condition and free of viruses.

2. APPLICATION AND BINDING EFFECT OF THE GTC

2.1. These GTC aim to define all conditions under which the Company markets the products as offered for sale on the Site to Clients. They therefore apply to any Order (''Order'') of products placed on the Site by the Client.

2.2. The Client declares having read and accepted these GTC before placing their Order.

2.3. Validation of the Order constitutes acceptance of these GTC. These terms are regularly updated; the applicable GTC are those in force on the Site on the date the Order is placed.

2.4. Any contrary condition set by the Client shall, unless expressly accepted, be unenforceable against the Company, regardless of when it may have been communicated.

2.5. The fact that the Company does not invoke any provision of these GTC at a given moment cannot be interpreted as a waiver to invoke any provision of these GTC at a later time.

3. ORDERING PRODUCTS ON THE SITE

The Company reserves the right to correct the content of the Site at any time.

3.1. The Client selects the product(s) they wish to purchase and can access the summary of their Order at any time.

3.2. The order summary lists the product(s) selected by the Client and includes any additional charges such as delivery costs added to the price of the product(s). The Client can modify their Order and correct any errors before confirming it.

3.3. After accessing the order summary, the Client confirms acceptance of the Order by checking the GTC validation box and then clicking the order confirmation icon. The phrase ''Order with payment obligation'' or a similar unambiguous formula appears next to the confirmation icon to ensure that the Client explicitly acknowledges their payment obligation for the Order.

3.4. After acceptance of the GTC and validation of the Order with payment obligation, the contract is validly concluded between the Company and the Client and binds them irrevocably.

3.5. After confirming their Order and to proceed with payment, the Client enters the details for delivery of the ordered product(s) and billing if different. The delivery process for the ordered product(s) is described in ARTICLE 5 of these GTC.

3.6. The Company then sends an email confirmation of the Order, including the order summary and the delivery and, if applicable, billing addresses provided.

3.7. After confirming their delivery and, if applicable, billing details, the Client proceeds to pay for their Order as specified below.

4. PRICES AND PAYMENT TERMS

4.1. Prices are listed on the Site in product descriptions, in euros, both excluding and including taxes.

4.2. The total amount is indicated in the order summary before the Client accepts these GTC, validates their Order, enters and confirms their delivery and, if applicable, billing details, and proceeds to payment. This total amount is indicated including all taxes.

4.3. Orders placed on the Site are payable in euros. Full payment must be made on the day of the Order by credit card, except under special sales conditions expressly agreed by the Client and the Company.

4.4. In the case of credit card payment, the Site uses Payplug, Paypal, Lydia, and Just secure payment systems. These systems ensure complete confidentiality of the Client’s banking information. The credit card transaction between the Client and the secure system is fully encrypted and protected. The Client's banking information is not stored by the Company.

4.5. The Client guarantees that they have the necessary authorizations to use the chosen payment method when placing the Order.

4.6. The Company reserves the right to suspend or cancel any execution and/or delivery of an Order, regardless of its nature or execution level, in the event of non-payment, partial payment, payment incident, or fraud or attempted fraud relating to the use of the Site and Order payment.

5. DELIVERY

5.1. The product(s) offered on the Site can be delivered to metropolitan France, Monaco, and certain European Union countries: Belgium, Denmark, Germany, Italy, Luxembourg, Netherlands, Portugal (18 out of 20 regions), Spain (47 out of 52 provinces).

5.2. The Company undertakes to deliver the product(s) within no more than 14 working days from the date of Order.

5.3. The Company applies the general conditions of its delivery providers, notably the following points:

. GLS Flex: SMS or email notification of parcel delivery and the possibility to modify the date and/or address if necessary.

. Chrono 2shop: delivery to Pickup points is based on information provided by the Client. The recipient will be notified of parcel arrival by email and/or SMS. The Client acknowledges and agrees that the email address and/or phone number are necessarily communicated to Chrono 2shop for proper execution of services. The pickup period is 7 calendar days, after which it is returned on the 8th day. If delivery to the intended Pickup point is impossible, Chrono 2shop may deliver to a nearby available Pickup point and notify the recipient. No refund of service will occur.

5.3. The Client is notified by email when their Order is ready and shipped. The product(s) ordered are delivered to the delivery address provided by the Client under the conditions specified in Article 3 of these GTC.

5.4. The Client must ensure that the information provided under Article 3 of these GTC is correct and remains so until complete delivery of the product(s). The Client agrees to inform the Company of any change in billing and/or delivery details between Order and delivery, by sending an email to the Customer Service. Otherwise, in case of delay and/or delivery error, the Client cannot hold the Company responsible, and the Customer Service will contact the Client for a second delivery at the Client’s expense.

5.5. The Company will not be responsible if non-receipt of the products is due to a third party outside its control or in the event of theft.

5.6. In case of Order return due to the Client’s absence, the Company’s Customer Service will contact the Client for a second delivery at the Client’s expense.

5.7. The Client may track their Order delivery by contacting Customer Service as indicated in Article 6 of these GTC.

5.8. In case of missing or damaged parcels, precise and concrete reservations must be noted on the delivery slip. This is mandatory for handling the dispute. The request for compensation does not replace the need for precise, motivated, and significant reservations on the transport or delivery document. Any vague reservation or one preceded by "subject to" will not be considered by the carrier.

Documents to provide:

. If the parcel is damaged: delivery reservations, photos of the box (inside/outside) + products, copy of recipient’s ID or Passport

. If parcel is not delivered/declared "lost": delivery reservations, sworn statement of non-receipt, copy of recipient’s ID or Passport

 

6. CUSTOMER SERVICE

6.1. For any request for information, clarification, or any complaint, the Customer must primarily contact the Company’s Customer Service to allow them to attempt to find a solution to the problem.

6.2. The Company’s Customer Service can be reached by email (tellmemore@oscodrinks.com) or by mail (28 avenue des Pépinières 94 260 Fresnes, France).

7. LEGAL AND COMMERCIAL WARRANTIES

All products offered by the Company are subject to the legal guarantee of conformity provided by law, in particular Articles L.217-4, L.217-5, and L.217-12 of the French Consumer Code, and to the guarantee against hidden defects provided by Articles 1641 and 1648, first paragraph, of the Civil Code:

Article L.217-4 of the Consumer Code: “The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.

He is also responsible for defects in conformity resulting from the packaging, assembly instructions, or installation when it is his responsibility under the contract or performed under his responsibility.”

Article L.217-5 of the Consumer Code: “The goods are in conformity with the contract:

1° If they are fit for the use usually expected of goods of the same type and, if applicable:

- if they correspond to the description given by the seller and possess the qualities presented to the buyer in the form of a sample or model;

- if they have the qualities that a buyer can reasonably expect given public statements made by the seller, the producer, or their representative, notably in advertising or labeling;

2° Or if they have the characteristics agreed upon by the parties or are suitable for any specific use sought by the buyer, brought to the seller’s attention and accepted by the latter.”

Article L.217-12 of the Consumer Code: “The action resulting from lack of conformity expires two years from the delivery of the goods.”

Article 1641 of the Civil Code: “The seller is bound by the guarantee against hidden defects of the sold item which make it unfit for the intended use or so diminish its usefulness that the buyer would not have acquired it, or would have paid a lower price, had they known of them.”

Article 1648 of the Civil Code, first paragraph: “The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.”

If a Customer believes they have received a defective or non-conforming product, they must contact the Company as soon as possible after receiving the Order, via email at tellmemore@oscodrinks.com, or by registered mail with acknowledgment of receipt at the following address: 28 avenue des Pépinières 94 260 Fresnes, France, specifying the defect or non-conformity in question.

The Customer must provide all justification regarding the designation of apparent defects and/or anomalies observed. The Customer must allow the Company every facility to verify these defects or non-conformities and to remedy them if necessary. The Customer must refrain from intervening themselves or involving a third party for this purpose.

If the defects and/or anomalies are confirmed by the Company, the Company will then provide the Customer with instructions on how to proceed after reviewing the claim and, if applicable, will replace the product found to be non-conforming or defective.

If replacement of the product is impossible, the Company will refund the Customer within fourteen days of receipt of the product. The refund will be made, at the Company’s discretion, by crediting the Customer’s bank account, the Customer having the option to choose another refund method if desired.

8. CUSTOMER OBLIGATIONS

8.1. The Customer agrees to comply with the terms of these GTC.

8.2. The Customer agrees to use the Site in accordance with the Company’s instructions.

8.3. The Customer agrees to use the Site for personal use only, in accordance with these GTC. In this regard, the Customer agrees not to:

- Use the Site in any illegal manner, for any illegal purpose, or in any manner incompatible with these GTC.

- Sell, copy, reproduce, rent, lend, distribute, transfer, or sublicense all or part of the contents of the Site, or decompile, disassemble, modify, display in a readable form, attempt to discover any source code, or use any software activating or including all or part of the Site.

- Attempt to gain unauthorized access to the Site’s IT system or engage in any activity disrupting, diminishing the quality, interfering with performance, or impairing the Site’s functionality.

- Use the Site abusively by deliberately introducing viruses or any other malicious programs and attempting unauthorized access to the Site.

- Infringe the Company’s intellectual property rights and/or resell or attempt to resell the products to third parties.

- Denigrate the Site and/or products and the Company on social media or any other communication channel.

8.4. If, for any reason, the Company considers that the Customer is not complying with these GTC, the Company may, at any time and at its sole discretion, revoke their access to the Site and take any measures, including civil and criminal legal action.

9. RIGHT OF WITHDRAWAL

9.1. In accordance with Articles L.221-18 et seq. of the French Consumer Code, the Customer has a period of 14 days from the receipt of the last product ordered on the Site to exercise their right of withdrawal from the Company, without having to justify any reason or pay any penalty.

9.2. To exercise their right of withdrawal from the Order, the Customer must notify their decision to withdraw by means of an unequivocal statement, without having to justify any reason. The Customer may communicate their decision to the Company by any means, notably by sending it by mail to the Company at the following address: 28 avenue des Pépinières 94 260 Fresnes, France or by email to tellmemore@oscodrinks.com.

9.3. To exercise their right of withdrawal from the Order, the Customer must not have unsealed the product for hygiene reasons.

9.4. In the event that the Customer notifies the Company of their decision to withdraw, by any means, the Company will send them without delay an acknowledgment of receipt of the withdrawal on a durable medium (including by email).

9.5. The Customer must return the product(s) in the same condition as received, with all packaging, accessories, and manuals (even if the product(s) have been unwrapped), as soon as possible and at the latest within 14 days from the notification of the withdrawal decision under this contract, to the following address:

In accordance with the law, the Customer bears the cost of returning the product(s).

9.6. In the event of withdrawal by the Customer, the reimbursement of the product(s) subject to the right of withdrawal will be made by the Company using the same payment method as the initial transaction, unless the Customer expressly agrees to a different method. In any case, this reimbursement will not incur any costs for the Customer. The reimbursement will be made without delay, and at the latest within 14 days from the day the Company is informed of the Customer's decision to withdraw from their Order.

9.7. In accordance with Article L.221-23 of the Consumer Code, the Customer is informed that their liability towards the Company is limited to any depreciation of the product(s) returned following the exercise of their right of withdrawal, resulting from handling other than that necessary to establish the nature, characteristics, and proper functioning of such goods.

10. LIABILITY

10.1. The Company implements all measures necessary to ensure the Customer receives quality product(s) under optimal conditions. However, it cannot under any circumstances be held liable for any failure or improper performance of all or part of the services provided under the contract, if attributable either to the Customer, to the unforeseeable and insurmountable act of a third party outside the contract, or to a case of force majeure. More generally, if the Company’s liability were to be engaged, it could under no circumstances be required to compensate the Customer for indirect damages or damages whose existence and/or amount cannot be substantiated by evidence.

10.2. The Site may contain links to other websites not published or controlled by the Company, which cannot be held responsible for the functioning, content, or any element present or obtained through these websites.

10.3. The placement of such links or reference to any information, articles, or services provided by a third party cannot and should not be interpreted as an express or implied endorsement by the Company of these sites and their content.

10.4. The Company is not responsible for the availability of these sites and cannot control their content or validate the advertising, product(s), or other information disseminated on these websites.

10.5. It is expressly stipulated that the Company cannot under any circumstances be held responsible if the Customer's computer hardware or email system rejects, for example due to anti-spam filters, emails sent by the Company, including, without limitation, the payment receipt, order summary, or shipping confirmation email.

10.6. The Customer is fully aware of the provisions of this article, particularly the warranties and limitations of liability mentioned above, which are essential conditions without which the Company would never have entered into the contract.

11. SECURITY

The Customer agrees not to compromise the security of the Site. To this end, they agree not to engage in any fraudulent access and/or maintenance in the Company's information system. The Customer may not impair or obstruct the Company's information system. Otherwise, the Company may take any measures against them, including initiating criminal liability under Articles 323-1 et seq. of the Penal Code.

12. INTELLECTUAL PROPERTY

12.1. All elements of this Site and the Site itself are protected by copyright, trademark law, design rights, and/or any other intellectual property rights. These elements are the exclusive property of the Company. All these rights are reserved worldwide.

12.2. The name, brand, logos, designs, stylized letters, figurative marks, and all signs displayed on this Site are and will remain the exclusive property of the Company.

12.3. No title or rights to any element or software will be obtained by downloading or copying elements from this Site. The Customer is strictly prohibited from reproducing (except for personal and non-commercial use), publishing, editing, transmitting, distributing, displaying, removing, deleting, adding to this Site or its elements and software, modifying them, using them as a basis for any work, selling, or participating in any sale related to this Site, its elements, or any software contained therein.

12.4. The Company grants the Customer a non-exclusive license to use the Site. This license is strictly personal and may not under any circumstances be assigned or transferred to any third party. The license is granted for the duration of the Site’s use.

12.5. Any use by the Customer of the Company’s trade names, trademarks, and distinctive signs is strictly prohibited unless expressly and previously authorized by the Company.

13. NEWSLETTER

13.1. By checking the box provided for this purpose or explicitly agreeing to it, the Customer agrees that the Company may send them a newsletter at a frequency and in a format determined by the Customer, which may contain information related to its activities.

13.2. When the Customer checks the box during the registration process on the Site to place the Order, they agree to receive commercial offers from the Company for products similar to those ordered.

13.3. Customers have the option to unsubscribe from the newsletter by clicking on the link provided for this purpose in each newsletter.

14. APPLICABLE LAW AND JURISDICTION

14.1. These GTC are governed and interpreted in accordance with French law, without regard to conflict of law principles.

14.2. In the event of a dispute arising from the interpretation and/or execution of these terms or in relation to these GTC, the Customer may choose to submit the dispute with the Company to a conventional mediation procedure or any other alternative dispute resolution method.

14.3. The Customer may access the European online dispute resolution platform established by the European Commission at the following address, which lists all approved dispute resolution bodies in France: https://webgate.ec.europa.eu/odr/.

14.4. In the event of failure of this mediation procedure or if the Customer wishes to bring the matter before a court, the rules of the French Code of Civil Procedure shall apply.