Applicable to consumers from 12.06.2020
1. IDENTITY OF THE SELLER
• Company name: Bubble & Foam ("Seller")
• Trade name: Shopbiere.com
• Form: SASU
• Social capital: 1000 euros
• Head office: 10 rue du Général Leclerc 88240 Bains les bains
• Telephone contact details: 0689622418
• Register of Commerce and Companies: Epinal RCS under number 842 676 355
• VAT number: FR42842676355
• SIRET: 842 676 355 0014
• Website (s) (the "Website"): Https://shopbiere.com
2. APPLICATION FIELD
Opposability. These terms and conditions ("CGV") are applicable to all sales concluded by the Seller with consumers ("Customer") on the Site. They are accepted by the Customer during the order process by means of a check box.
Customer Capacity. The Customer acknowledges that he has the necessary capacity to contract and acquire the products offered on the Site. It is stated that the sale of alcohol is prohibited to persons under 18 years of age.
Electronic transmission. The Customer accepts that the information requested for the conclusion of the contract or that sent during its execution is transmitted electronically.
Availability. The CGV are made available on the Seller's Website; they may be modified at any time and without notice by the Seller, the modifications then being applicable to any subsequent orders. The applicable CGV are those in force on the date of placing the order.
Essential characteristics. The essential characteristics of the products are presented on the Site. The Seller can update, improve his product sheets, withdraw his products from the sale. Product offers are valid as long as they are visible on the site, subject to the availability of stock.
Refusal to sell. Any abnormal or bad faith order, any fraud or attempted fraud, any incident of payment of the price of an order may result in the deletion and/or deactivation of the account of the Customer concerned and/or the refusal of the order.
Steps to conclude the contract. The Customer accepts the use of e-mail for sending the information requested for the conclusion of the contract or sent during its execution.
The following steps shall be taken to conclude the contract electronically:
• Creation of a Customer Account;
• Selection of products in the basket;
• Validation of the order;
• Identification via the Customer account;
• Control check and error correction
• Confirmation of the order;
• Acceptance of CGV;
• Payment for the order.
The Customer has the possibility to check the details of his order and its total price and to correct any errors before confirming it to express its definitive acceptance.
The Seller shall acknowledge receipt without undue delay, by electronic means, of the order addressed to him.
Only the French language is proposed for the conclusion of the contract.
The products are sold at the applicable rates shown on the Site when the order is registered by the Seller. Prices are indicated in euros, including all taxes, excluding delivery costs. The amount of the delivery fee is calculated automatically according to each order and is shown on the order summary, before payment.
Any order delivered outside metropolitan France may be subject to any local taxes, customs duties, sea grants and customs clearance costs at the time of delivery. Their acquittal is the responsibility of the Customer and is the responsibility of the Customer.
The products remain the property of the Seller until the full payment of the price.
The price is payable in full on the day the order is placed. The accepted means of payment are indicated when placing the order. Any payment made to the Seller cannot be considered as deposit payments.
The Seller reserves the right, in the event of an incident of payment or non-compliance with the above payment terms, to suspend or cancel the delivery of outstanding orders made by the Customer. The Customer may never, on the basis of a claim made by him, withhold all or part of the sums due from him or make compensation.
Delivery restrictions. Delivery restrictions are indicated at the latest at the beginning of the order process. It is up to the Customer to inform the local authority of his country of any restrictions on the import or use of the products or services he intends to order. It is stated in particular that sales restrictions or specificities exist for Corsica, the DOM-TOM.
In the absence of any indication, the Seller shall deliver the goods without undue delay and not later than thirty days after the conclusion of the contract. Delivery takes place at the address indicated by the Customer when placing the order. Delivery means the transfer to the consumer of physical possession or control of the property.
If the goods are unavailable or if the Seller fails to fulfil his obligation to deliver, the Customer may obtain a refund of the price of the product under the conditions laid down in Article L216-2 et seq. of the Consumer Code.
It is recalled that any risk of loss or damage of the goods is transferred to the Customer at the moment when the latter or a third party designated by him, and other than the carrier proposed by the Seller, takes physical possession of the goods. The Customer is advised to refuse delivery if the goods are damaged, missing or if the package has been opened or repackaged. In the event of loss or damage, the Customer must make precise and detailed written reservations about the delivery order of the carrier in the presence of the carrier or its employees and send the carrier a registered letter containing the reservations, within 3 days of delivery.
7. RIGHT OF WITHDRAWAL
Withdrawal period - Under the conditions laid down in articles L221-18 et seq. of the Consumer Code and in the context of distance selling, the Customer has the right to withdraw from this contract without giving any reason within 14 days from the day on which the Buyer, or a third party other than the carrier and designated by him, takes physical possession of the property. For orders for several goods delivered separately, the withdrawal period shall run from the day on which the buyer, or a third party other than the carrier and designated by him, physically takes possession of the last good.
Notification of Withdrawal - In order to exercise the right of withdrawal, the Customer must notify the Seller of his decision to withdraw by means of a declaration devoid of any ambiguity before the expiry of the withdrawal period; he may use the withdrawal form set out in the Annex.
Return of products- As from the notification of its withdrawal, the Customer has a period of 14 days to return, at his own expense, the goods to the Seller, at the address indicated to him. The Customer shall bear the costs of returning the product; the costs of returning the products are borne by the Customer. Their amount depends in particular on the carrier chosen by the Customer, the weight, the distance. An estimate of the return costs can be made on the postal site (https://www.laposte.fr/particulier) by clicking on "calculate a tariff." The cost of returning the product when, by reason of its nature, it cannot normally be returned by mail, can be provided for information by contacting us. The liability of the Customer may be incurred in the event of impairment of the assets resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of these assets.
Refund - The Seller reimburses all payments received, including delivery costs, with the exception of additional costs arising from the fact that the Customer has chosen, where appropriate, a delivery method other than the least expensive delivery method offered by the Seller at the time of the order. The Seller shall make the refund within 14 days of the notification of the withdrawal using the same means of payment as that used for the initial transaction, unless expressly agreed by the Customer for the use of a different means. The Seller may defer the refund until receipt of the goods or until receipt of proof of the shipment of the goods, whichever is the earlier.
Exclusions- The right of withdrawal is excluded for products and services listed in Article L221-28 of the Consumer Code.
9. LAWFUL GUARANTEES
The commercial guarantee of the manufacturer or the commercial guarantee of the Seller shall not preclude the benefit of the legal guarantee of the non-conformity of the goods with the contract referred to in Articles L.217-4 to L.217-12 and of that relating to the defects of the thing sold, under the conditions laid down in Articles 1641 to 1648 of the Civil Code.
Legal guarantee of compliance: When the Customer acts as legal guarantee of compliance:
He has a period of 2 years from the issue of the property to act: Article L217-12 of the Consumer Code.
He may choose between repairing or replacing the property, subject to certain cost conditions provided for in article L.217-9 of the Consumer Code.
Proof of non-compliance is not required during the 24 months following the issue of the goods (Article L217-7 of the Consumer Code) and six months for second-hand goods.
The legal guarantee of compliance shall apply independently of any commercial guarantee granted.
Legal guarantee of hidden defects on products sold:
The Customer may decide to implement the legal guarantee against the hidden defects of the thing sold provided for in article 1641 of the Civil Code. In this case, he may choose between the resolution of the sale or a reduction in the sale price in accordance with article 1644 of the Civil Code.
Legal guarantee of compliance
Article L217-4 of the Consumer Code: The seller delivers a good in accordance with the contract and responds to the defects of conformity existing at the time of issue.
It also responds to defects in conformity resulting from the packaging, assembly instructions or installation when it has been placed at its expense by the contract or has been carried out under its responsibility.
Article L217-5 of the Consumer Code: The goods comply with the contract:
(1) If it is fit for the usual intended use of similar property and, if applicable:
• - it corresponds to the description given by the seller and possesses the qualities which the latter presented to the buyer in the form of a sample or model;
• - it presents the qualities which a buyer can legitimately expect in the light of public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2 ° Or if it has the characteristics defined by mutual agreement of the parties or is specific to any special use sought by the buyer, brought to the seller's knowledge and which the latter has accepted.
Article L217-12 of the Consumer Code: The action resulting from the lack of conformity is prescribed within two years from the delivery of the goods.
Article L217-16 of the Consumer Code: When the buyer asks the seller, during the course of the commercial guarantee granted to him when acquiring or repairing movable property, a restoration covered by the guarantee, any immobilisation period of at least seven days is in addition to the remaining term of the guarantee.
This period shall run from the time of the buyer's request for intervention or the time of making available for repair of the property in question, if such making available is subsequent to the request for intervention.
Legal guarantee of hidden defects on products sold
Article 1641 of the Civil Code: The seller is bound by the guarantee in respect of the hidden defects of the thing sold which render it unfit for the purpose for which it is intended, or which so diminish this use, that the buyer would not have acquired it, or would have given only a lesser price, had he known them.
Article 1648 (1) of the Civil Code: The action resulting from the impermissible defects must be brought by the purchaser within two years of the discovery of the defect.
10. INFORMATION TECHNOLOGY AND FREEDOMS
The Seller collects personal information concerning the Customer in particular when creating the customer account.
Purpose of processing:
• Carry out Customer Management Operations with respect to: contracts; orders; deliveries; invoices; accounting and in particular the management of accounts receivable; a loyalty program within one or more legal entities; monitoring of the customer relationship, such as satisfaction surveys, claims management and after-sales service; selecting clients to conduct studies, surveys and product tests;
• Carry out prospecting operations:
o Management of technical prospecting operations (including technical operations such as standardization, enrichment and deduction);
o Selecting individuals to carry out loyalty, prospecting, survey, product testing and promotion activities;
o Carrying out solicitation operations;
o For similar products and services
• The development of trade statistics;
The updating of its prospecting files by the body in charge of the management of the list of opposition to telephone canvassing, in accordance with the provisions of the Consumer Code;
• The organization of games, lotteries or any promotional activities;
• Management of requests for access, correction and opposition;
• Management of outstanding payments and litigation;
• Managing people's opinions on products, services or content.
Category of addressee:
Within the limits of their respective powers, may have access to personal data:
• The authorized staff of the Marketing Department, the Sales Department, the Customer Relations and Prospecting Department, the Administrative Department, the Logistics and Information Technology Department and their line managers;
• The authorized staff of the audit services (external auditor, internal audit services, etc.);
• Authorized staff of subcontractors;
• Data may be sent to: partners, external companies or subsidiaries of the same group of companies;
• agencies, court officers and ministerial officers, as part of their task of collecting debts;
• the body in charge of the management of the list of objections to telephone canvassing.
Personal data relating to customers shall be for the duration strictly necessary for the management of the commercial relationship. The data used to prove a right or contract, or retained by way of compliance with a legal obligation, shall be kept in accordance with the provisions in force.
Customer's rights and information
The Customer is informed of the existence of the right to ask the Seller for access to the data, the correction or the deletion of the data, or a limitation of the processing, or the right to oppose the processing, the right to the portability of the data and to define the fate of his data upon his death. When the processing is based on consent, the Customer is informed of the existence of the right to withdraw his consent at any time. The Client has right to introduce a claim to a control authority, such CNIL in France. The consumer is informed of his right to register on the list of objections to telephone calls.
11. EVIDENCE AND ARCHIVING
The Vendor's computerized records will be considered by the parties as proof of communications, orders, payments and transactions between the parties, unless proved otherwise.
In accordance with Article L156-1 of the Consumer Code, the consumer is informed of the possibility of recourse, in the event of a dispute, to a conventional mediation procedure or to any other alternative means of dispute settlement.
The Customer is also informed of the existence of the platform put on line by the European Commission which aims to collect any complaints arising from an online purchase of European consumers and then forward the cases received to the competent national ombudsmen: Http://ec.europa.eu/consumers/odr/
13. APPLICABLE LAW AND DISPUTE
French law is applicable without thereby precluding the application of mandatory legislative rights granted to consumers or of a more protective mandatory law by the foreign court seised by a consumer of the corresponding country. If one of the clauses or dispositions of present CGV came to be cancelled or declared illegal by a decision of final justice, this nonentity or illegality will affect in no way other clauses and dispositions, which will continue being applied.
Model withdrawal form
(Please complete and return this form only if you wish to withdraw from the contract)
For the attention of Shopbiere.com:
I/We * hereby notify you/us * my/our * withdrawal of the contract relating to the sale of the property below.
Ordered on */Received on *:
Name / forename:
* Delete the missing statement