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Article 1
Acceptance of the general terms and conditions of sale
The general terms and conditions of sale govern the obligations between the website and its customers. By using the website www.icetropez.com, and by ticking the box “I accept the general terms and conditions of sale” before confirming your order, you acknowledge that you have fully read and accepted the GTC without reservation. These conditions are accessible on the homepage of the website and must be consulted before placing any order. By ordering Products on the Site, you declare that you adhere to the general terms and conditions of sale and guarantee that you are at least 18 (eighteen) years old at the time of the order and that you have full legal capacity to enter into a contract. The sale of alcohol to minors is strictly prohibited and is subject to criminal penalties pursuant to the provisions of Article L.3353-3 of the French Public Health Code. The general terms and conditions of sale may be modified at any time, without prior notice. The applicable version of the GTC is the one available on the Site at the time your order is placed. We invite you to consult them regularly before each order.
Article 2
Alcohol abuse and protection of minors
We remind you that alcohol abuse is dangerous for your health and should be consumed in moderation. By placing an order, you certify that you are at least 18 (eighteen) years old.
Article 3
Price
The prices displayed on www.icetropez.com are in euros, all taxes included (VAT included), excluding Shipping costs. The amount of the Shipping fees is indicated to the Customer during the ordering process when the Shipping area is selected. The detailed total amount of the Shipping fees that will be charged to you will be shown on the order summary page. We reserve the right to modify our prices at any time; however, once your order has been validated, the prices remain firm and final. In the event of a typographical error in pricing, we will contact you to confirm or cancel the order. In the event of cancellation, you will be refunded within seven (7) days.
Article 4
Sale limited to mainland France
The delivery area for products is limited to mainland France (excluding Corsica). For any delivery outside this area, the Customer is invited to contact the Seller so that the latter can review their request.
Article 5
Product presentation
5.1 Product description
The Products offered on the Website are exclusively cocktails and wine-based cocktail-related items and accessories. The Customer acknowledges that wine is characterized in particular by fluctuating organoleptic qualities for which the Seller cannot provide any guarantee (without prejudice to the legal guarantees referred to in the articles below). Detailed descriptions and characteristics of each product are available on the Website.
The following information is available to the Customer on the Website:
- Details of the essential characteristics of the Product;
- The price of the Product including tax and shipping costs;
- A link to the Terms and Conditions of Sale, which specify delivery times, the identity and contact details of the seller, and the terms and conditions for exercising the right of withdrawal;
- A withdrawal form in Appendix 1 of the GTC. It is specified that the photographs accompanying the Product descriptions are for illustrative purposes only and are not contractually binding. The Product sold may differ slightly in terms of color or appearance. Sales made through the Website are neither tasting sales nor sales on approval. The Customer therefore does not have the option of tasting the products purchased before completing the sale.
5.2 Product Availability
The products offered for sale are those listed on the Website on the day of your order. Products are offered for sale while stocks last. If a product is unavailable on the Website, please contact us at the addresses provided herein for information on when it may be restocked. The Company strives to provide the Customer with real-time information on Product availability. If a product is unavailable despite the order being placed, the Company will inform the Customer as soon as possible by email and notify them of the new delivery time. The Customer may accept this new delivery time or cancel their order. In the latter case, the Company will refund the price of the Products within 14 days.
Article 6
Order
6.1 Ordering conditions
Only persons legally capable of entering into contracts relating to the goods and services offered by the website www.shop.icetropez.com may place orders. In accordance with Article L. 3342-1 of the French Public Health Code, minors under the age of eighteen (18) are not authorized to place orders on the website www.shop.icetropez.com. When placing an order, the customer agrees to provide the required information and certifies that it is accurate. Furthermore, the customer undertakes to check that the information they enter (in particular billing and delivery addresses, quantities and nature of the products ordered, order amount) does not contain any errors. Such errors cannot be attributed to the website www.icetropez.com and cannot give rise to complaints or order cancellations at the customer's request. The sales contract between the Customer and the Company will be concluded when the Customer has completed the ordering process, validated and confirmed the order summary, accepted the GTC, and made payment.
6.2 Customer identification
Customer Identification The Customer must complete the identification form, providing their full name, email address, billing address, and delivery address. The Customer may create a customer account so that they do not have to fill in this information for future orders. The Customer guarantees that they will provide accurate and complete information, particularly with regard to the authenticity of their identity. The Customer must ensure that this information is updated in the event of any subsequent changes.
6.3 Order confirmation email
Once the order has been placed, the Customer will receive a confirmation email at the email address provided, summarizing the key details of the order, including the Products, the price, the delivery terms and costs, the Seller's full contact details, information on the right of withdrawal, and information on after-sales service and commercial warranties. An invoice will be issued and sent to the email address provided by the Customer as soon as the order is confirmed on the Website.
Article 7
Payment
7.1 Payment terms
The Customer shall pay for the order in euros, by CB, Visa, or Mastercard credit card, by entering the requested information directly on the Website. The bank account corresponding to the Customer's debit card will be debited immediately, on the day of the order, once the bank details have been verified and the credit card debit authorization has been initiated. The Customer must ensure that there are sufficient funds in their bank account to pay for their order. If the Company is unable to collect payment within 48 hours of the debit request, in particular due to insufficient funds in the account, the Company will inform the Customer by email and ask them to rectify the situation within 48 hours. If the price cannot be collected by the Company within 48 hours of the expiry of this additional 48-hour period, the Customer will be informed by the Company by email that their order has been automatically canceled and they will be invited to place a new order if they wish.
7.2 Secure payment
All transactions are secure and processed by our financial partner.
7.3 Invoice
Your invoice will be available on the Website in the “My Account” section as soon as the order is registered and will be sent to the email address provided once the order has been confirmed on the Website.
7.4 Retention of title
We retain ownership of the items until full payment for the order has been received.
Article 8
Shipping
8.1 Shipping charges
Delivery costs are not included in the price of the products, including tax, and are indicated to the Customer during the ordering process when they specify their delivery area. Details of the total delivery costs that will be charged to you will be shown on the page summarizing your order.
8.2 Date, deadline, and delay in shipping
Delivery times are detailed according to the destination and weight of the packages. We guarantee delivery within 2 to 8 business days for shipments in mainland France from the day after the order is placed. However, we will make every effort to ensure that your order is delivered before this date. However, the start of this period is postponed to the next business day for orders placed on the Website on Friday, Saturday, Sunday, or a public holiday. In the event of failure to meet delivery times, the Customer may request cancellation of their order in accordance with Article L.216-2 of the French Consumer Code, as well as a refund of the sums paid.
8.3 Place and method of delivery
The delivery area for products is limited to mainland France (excluding Corsica). For any delivery outside this area, the Customer is invited to contact the Seller so that the latter can review their request. It is the Customer's responsibility to check prior to ordering – particularly with regard to product specifications in terms of size, volume, and weight – that the products can be delivered via normal access routes and, in particular, that there are no obstacles to delivery (such as stairs, elevators, or landing doors). The Customer must indicate whether they want the order to be delivered to the address associated with their invoice or to a new address, which they must then specify. The Customer must ensure that the information entered for their delivery address is correct. In the event of an error in the address details, the Company cannot be held responsible for any delivery problems that may result. The product(s) ordered by the customer are shipped to the delivery address provided by the customer when placing their order. If delivery is impossible due to one or more errors in the delivery address entered by the customer, the customer will be responsible for the cost of reshipment and will not be entitled to make any claims for late delivery. In the event of an invalid delivery address or delivery being impossible due to the provision of incorrect data by the customer, the order will be returned to the warehouses of the website www.shop.icetropez.com by the carrier. The customer may then request the reshipment or cancellation of their order with a refund, excluding shipping costs. The order will only be reshipped once the customer has paid the reshipment costs. Delivery is deemed to have been made upon first presentation of the package at the delivery address. If the customer is not present at the time of delivery, they must take the necessary steps to collect the package within the time limit specified by the postal service. The product will be deemed to have been received at the latest when the package is collected.Article
Article 9
Shipping costs
The prices displayed on the website www.shop.icetropez.com do not include shipping costs. The total amount of shipping costs that will be charged to you will be specified on the page summarizing your order.
Article 10
Acceptance and compliance
Upon receipt, the Customer shall check the nature, condition, quantity, and more generally the conformity of the products delivered with the content of the order concerned by carrying out all necessary checks to detect any damage, missing items, or non-conformity of the Products. If the Customer finds an apparent non-conformity in the product, they shall note this on the carrier's delivery note and report it to the Seller. After verification, and if the non-conformity is confirmed, the Seller shall, according to the Customer's wishes and the availability of the Products, immediately refund or exchange the products.
Article 11
Warranty
The Products comply with the regulations in force in France. The Products supplied by the Seller are covered, as of right and without additional payment, independently of the right of withdrawal, in accordance with legal provisions, by the legal guarantee of conformity, for packaging of Products that are apparently defective, damaged or damaged packaging, or packaging that does not correspond to the order, and the legal guarantee against hidden defects resulting from a defect in material, design, or manufacture affecting the products delivered and rendering them unfit for use.
However, this warranty does not cover fortuitous events, in particular damage to the Product due to transport or related to storage conditions that are inappropriate for the Product (temperature, humidity, exposure to light). Furthermore, no returns will be accepted for subjective reasons of non-conformity. In order to assert their rights, the Customer must inform the Seller in writing of the non-conformity of the Products within a maximum period of fifteen (15) days from the delivery of the Products or of the existence of hidden defects within a maximum period of fifteen (15) days from their discovery. The Seller will refund or replace Products under warranty that are deemed non-compliant or defective.
In the event of damage to the Products ordered followed by a stock shortage, the Seller shall offer the buyer a product of equal or superior quality without affecting the terms and conditions of sale (particularly in terms of price). Beyond this period, the Seller will no longer be able to guarantee the Products since no control over the quality of the storage location (an essential element in the preservation of the Product) can be carried out, unless the Customer can provide proof that the Product was damaged prior to sale. As the Seller is unable to assess the Products itself and as this involves subjective notions (taste), the Products cannot be refunded or exchanged. Refunds for Products deemed non-compliant or defective will be made as soon as possible and no later than eight (8) days after the Seller has identified the lack of conformity or hidden defect. The refund will be made by crediting the Customer's bank account or by bank check sent to the Customer.
The Seller shall not be held liable in the following cases :non-compliance with the legislation of the country in which the products are delivered, which it is the Customer's responsibility to verify, in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure. The Seller's warranty is, in any event, limited to the replacement or refund of non-compliant or defective Products. In order to benefit from these warranties, the Customer must contact Customer Service (info@domainetropez.com), which will inform them of the content and conditions of implementation of these warranties, as well as the steps to follow in order to benefit from them.
Article 12
Liability
We take care to represent and describe the characteristics of the Products on the Website as accurately as possible. However, we cannot be held liable for any non-substantial differences between the reproduction of the Products on the Website (in particular presentation photos, texts, illustrations) and the Products delivered. Furthermore, we cannot be held liable in the event that the non-performance or poor performance of our obligations (and in particular in the event of late delivery) is attributable either to the Customer's behavior or to the unforeseeable and insurmountable actions of a third party, or to a case of force majeure. Given the technical constraints of IT and telecommunications in the use of the Website, we cannot be held liable for any damage caused by a malfunction, for which we are not responsible, in one or more of the stages of accessing the Site, the ordering process, payment, or delivery tracking, due in particular to the inconveniences inherent in the use of the Internet, such as a service interruption or the presence of computer viruses.
Article 13
Customer service, information, and complaints
For any questions, inquiries, requests for information, or complaints regarding the use of the Site, the provisions of the GTC, or the Products, the Customer may contact the Seller by sending a message either by:
- Email to the following email address: info@icetropez.com
- Post to the following postal address: SAS ICE TROPEZ - 3538 RD 559 83580 Campagne Virgile Gassin France
Article 14
Evidence and archiving
By express agreement between the Seller and the Customer, emails shall be deemed authentic between the parties, as shall the data recorded by the automatic recording systems used on the Website, in particular with regard to the subject and date of the order. In accordance with Article L.213-1 of the French Consumer Code, for any order exceeding €120, the Company shall archive the sales contract concluded with the Customer, from the date of registration of the order and for a period of 10 years from the delivery of the Products. The Customer has the right to consult the documents kept, upon simple request to Customer Service, whose contact details are mentioned in Article 13 above.
Article 15
Acceptance of the general terms and conditions of sale
In accordance with the provisions of Articles L. 221-18 et seq. of the French Consumer Code, the Customer has a period of 14 days from receipt of the Products to exercise their right of withdrawal. If this period expires on a Saturday, Sunday, or public holiday, it is extended to the next working day. Customers exercising their right of withdrawal are not required to give any reason for their decision.
To exercise their right of withdrawal, Customers must:
- Within the aforementioned 14-day period, inform the Company of their decision to withdraw by sending an email to the Customer Service department mentioned in Article 13, using the withdrawal form reproduced in the appendix to the GTC or any other unambiguous statement expressing their wish to withdraw;
- As soon as possible, and no later than 14 days after communicating their decision to withdraw, return the Products to the Company in a condition suitable for resale (intact and in their original packaging) to the Customer Service address.
The product returned by the customer must be in its exact condition (unopened bottles, undamaged caps and labels) accompanied by its original packaging and the original invoice. Products returned incomplete, damaged, or soiled by the Customer will not be taken back, exchanged, or refunded.
In the event of withdrawal by the customer, we will refund all payments received from the customer, including delivery costs, without undue delay and, in any event, no later than fourteen days from the day on which we are informed of the decision to withdraw from this contract. We will make the refund using the same means of payment as that used for the initial transaction. We may defer the refund until we have received the goods.
Article 15
Intellectual property
The Website, any software used on the Website, and the data constituting the Website (text, photographs, images, sounds, graphics, trademarks, etc.), as well as all distinctive signs, including trademarks and logos appearing on the Website, may be protected by intellectual property rights and belong to the Seller. You are therefore prohibited from copying, modifying, or integrating any element of the Site onto any medium whatsoever, from reverse engineering, or from using any other method to attempt to access the source codes of the Site. Article 16 - Entirety and validity of the GTC. The GTC and the confirmation of your order form a contractual whole constituting the entirety of the agreements between the parties. If one or more provisions of the GTC are declared null and void in whole or in part, the other provisions shall nevertheless remain applicable in their entirety. If necessary, the canceled provision shall be renegotiated in good faith between the parties.
Article 16
Applicable law – Competent jurisdiction – Language
The GTC and the relationship between the Seller and the Customer are subject to French law. In the event of a dispute between the parties that cannot be resolved amicably, any legal action shall fall within the jurisdiction of the French courts, without prejudice to the provisions of Brussels I Regulation No. 44/2001 of December 22, 2000. French is the only language available for placing orders and concluding sales. The French language is the language of reference between the parties. Without prejudice to their right to bring proceedings before the ordinary courts, the Parties may, in the event of a dispute, resort to conventional mediation or any other alternative dispute resolution method.
If you have any questions, please contact our customer service department: info@icetropez.com