General Conditions of Sale

General conditions applicable from June 19, 2020. Cancel and replace the previous ones where applicable.

Alcohol abuse is dangerous for your health. Consume in moderation. The sale of alcohol to minors under the age of 18 is prohibited.

These conditions of sale are concluded:

- on the one hand by the company BIGOURDAN SARL with capital of 5,000 euros, domiciled at 12, rue Frédéric Mistral – 13200 Arles, France, registered in the trade and companies register of Tarascon under number 849 952 221, VAT FR21849952221, hereinafter referred to as "BIGOURDAN"

- and on the other hand, by any natural or legal person wishing to make a purchase via the BIGOURDAN website, hereinafter referred to as "the buyer".

OBJECT

These conditions of sale aim to define the contractual relations between BIGOURDAN and the buyer and the conditions applicable to any purchase made through the BIGOURDAN merchant site.

It is specified that the products and services are reserved for individuals and intended for personal use by the buyer, unrelated to professional use by the latter.

The acquisition of a good or service through this site implies unreserved acceptance by the buyer of these conditions of sale.

These conditions of sale shall prevail over any other general or specific conditions not expressly agreed to by BIGOURDAN.

BIGOURDAN reserves the right to modify its terms of sale at any time. In this case, the applicable conditions will be those in effect on the date of the buyer's order.

CHARACTERISTICS OF THE GOODS AND SERVICES OFFERED

The products and services offered are those listed in the catalog published on the BIGOURDAN website.

These products and services are offered while stocks last.

The photographs in the catalog are as faithful as possible but cannot guarantee perfect similarity with the product offered.

PRICES

The prices listed in the catalog are inclusive of all taxes (VAT + other applicable taxes) in euros, taking into account the VAT applicable on the day of the order in mainland France; any change in the rate may be reflected in the price of the products or services.

BIGOURDAN reserves the right to modify its prices at any time, it being understood, however, that the price appearing in the catalog on the day of the order will be the only one applicable to the buyer subject to availability.

The fixed amount for participation in preparation and delivery costs will be communicated to the customer on the order summary form, before validation of the order.

The products remain the property of the seller until full payment of the price.

GEOGRAPHICAL AREA

The online sale of products and services presented on this site is reserved for buyers who are of legal age to purchase alcohol in their country.

ORDERS

The buyer, who wishes to purchase a product or service, must:

- complete the identification form on which he will indicate all the requested contact details or give his customer number if he has one;

- complete the online order form, providing all the references of the products or services chosen;

- validate your order after having checked it;

- make the payment under the conditions provided;

- confirm your order and payment.

Confirmation of the order entails acceptance of these conditions of sale, recognition of having full knowledge of them and waiver of the right to invoke one's own conditions of purchase or other conditions.

All data provided and the recorded confirmation will constitute proof of the transaction. Confirmation will constitute signature and acceptance of the operations carried out.

BIGOURDAN will communicate by email confirmation of the registered order.

WITHDRAWALS

Buyers, non-professional individuals, benefit from a withdrawal period of fourteen days from the delivery of their order to return the product to the seller for reimbursement without penalty.

PAYMENT TERMS

All Orders are payable in euros and payment for purchases is made online using a bank payment card. The Buyer will be debited the full amount indicated on the Order summary on the day of the Order.

The Buyer guarantees to BIGOURDAN that he/she is fully authorized to use the payment card for the payment of his/her Order and that this means of payment legally provides access to sufficient funds to cover all costs resulting from his/her Order on the Site. BIGOURDAN cannot be held responsible for any fraudulent use of the means of payment used. BIGOURDAN reserves the right to suspend or cancel any Order and/or delivery, regardless of its nature and level of execution, in the event of non-payment of any amount due by the Buyer or in the event of a payment incident.

The payment method accepted for Orders on the Site is as follows:

- Payment by bank card (Carte Bleue, Visa, Mastercard)

The data provided for credit card payment methods are processed securely by PayPlug. BIGOURDAN has no access to these bank details and does not store them on its servers: for this reason, these details are systematically requested again during any new transaction on the Site.

BIGOURDAN reserves the right to refuse to make a delivery or to honor an Order from a Buyer who has not fully or partially paid for a previous Order or with whom a payment dispute is currently being administered.

In all cases, the online provision of the bank card number and the final validation of the Order will constitute proof of the entirety of said Order in accordance with the new article 1366 of the Civil Code and will constitute the due date of the sums committed by the entry of the Products appearing on the Order form. This validation constitutes signature and express acceptance of all operations carried out on the Site. The computerized records, kept in the computer systems of BIGOURDAN and its partners under reasonable security conditions, will be considered as proof of communications, Orders and payments between the Buyer and BIGOURDAN . The archiving of Order forms and invoices is carried out on a reliable and durable medium so as to correspond to a faithful and durable copy in accordance with the new article 1379 al. 2 of the Civil Code.

The price is due upon ordering.

Payments will be made by credit card; they will be made through the secure system of Société Générale which uses the SSL (Secure Socket Layer) protocol so that the information transmitted is encrypted by software and no third party can read it during transport over the network.

The buyer's account will be debited upon validation of the order for the amount of the products or services sent.

A paper invoice showing the VAT will be sent to the buyer.

DELIVERIES

Deliveries are made to the address indicated in the order form which can only be in the agreed geographical area.

Risks are borne by the purchaser from the moment the products leave BIGOURDAN's premises. In the event of damage during transport, a reasoned protest must be made to the carrier within three days of delivery.

Delivery times are given for information purposes only; if they exceed thirty days from the order, the sales contract may be terminated and the buyer reimbursed.

GUARANTEES

All products supplied by the seller benefit from the legal guarantee provided for by articles 1641 et seq. of the Civil Code.

In the event of non-conformity of a product sold, it may be returned to the seller who will take it back, exchange it or refund it.

All complaints, requests for exchange or refund must be made by post to the following address: 12, rue Frédéric Mistral – 13200 Arles – France within thirty days of delivery.

RESPONSIBILITIES

The seller, in the online sales process, is only bound by an obligation of means; his liability cannot be incurred for damage resulting from the use of the Internet network such as loss of data, intrusion, virus, interruption of service, or other involuntary problems.

INTELLECTUAL PROPERTY

All elements of the BIGOURDAN site are and remain the intellectual and exclusive property of BIGOURDAN.

No one is authorized to reproduce, exploit, rebroadcast, or use for any purpose whatsoever, even partially, elements of the site, whether software, visual or audio.

In accordance with the law relating to information technology, files and freedoms of January 6, 1978, personal information relating to buyers may be subject to automated processing.

BIGOURDAN reserves the right to collect information on buyers, including by using cookies, and, if it wishes, to transmit the information collected to commercial partners.

Buyers may object to the disclosure of their contact information by notifying BIGOURDAN. Similarly, users have the right to access and rectify their personal data, in accordance with the law of January 6, 1978.

BIGOURDAN will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of Article 1348 of the Civil Code.

The computerized records of BIGOURDAN will be considered by the parties as proof of communications, orders, payments and transactions between the parties.

BIGOURDAN shall not be liable for the total or partial non-performance of its obligations under this contract, if this non-performance is caused by an event constituting force majeure, in particular in the event of disruption or total or partial strike, in particular of postal services and means of transport and/or communication, flooding or fire.

BIGOURDAN will notify the customer of an event constituting force majeure within 5 working days of its occurrence.

In the event of a dispute, jurisdiction is assigned to the competent courts of Tarascon, notwithstanding multiple defendants or third-party claims.

PROTECTION OF MINORS

In accordance with Article L. 3342-1 of the French Public Health Code, the sale of alcohol to minors under the age of eighteen (18) is prohibited. The Customer undertakes to be at least 18 years old when placing an order on the website www.bigourdan.com.