PREAMBLE
The present General Terms and Conditions of Sale determine the rights and obligations of the parties in the context of the sale of products offered by the seller “KINGSPIRIT” to its customer, hereinafter referred to as the Buyer.
ARTICLE 1: PREVENTION
The Seller’s Online Shop is exclusively reserved for persons who have reached the age of 18.
Alcohol abuse is dangerous for your health. To be consumed in moderation.
ARTICLE 2: THE ONLINE STORE
The Seller’s Online Store is accessible at the following Internet addresses: www.kingspirit.com and www.lordly-whisky.fr.
The seller’s commercial offer relates to all the products presented in La Boutique en Ligne’s catalog.
The Online Store mentions the essential characteristics of each product, its price, the amount of the delivery charges and the delivery terms.
ARTICLE 3: GENERALITIES
Any order placed by a buyer on the Online Shop is subject to these General Terms and Conditions of Sale to the exclusion of any other document, in particular the buyer’s general terms and conditions of purchase. All clauses and conditions contrary to these General Terms and Conditions of Sale appearing on order forms and more generally on any type of correspondence from the buyer shall be deemed unwritten and shall have no contractual value between the parties. The present General Terms and Conditions of Sale can only be deviated from by express written agreement of the seller.
The products are described by the information on the data sheets. The information given in the catalogs, prospectuses, advertisements, notices or other documents of the seller is given only as an indication and does not commit the seller who may modify it at any time. Seller reserves the right to correct any inadvertent clerical error or omission in these Terms and Conditions or any other contractual document.
The seller offers on the Online Shop, products stamped “Limited Editions”. Limited editions are products which by nature are available in very limited quantities, notably but not exclusively due to the exhaustion of stocks, the disappearance of the distillery, the age of their production, the exceptional qualities of the Product. These are valuable, fragile and irreplaceable products. The acquisition of these products by the buyer on the Online Shop is subject to conditions that are different from all other orders. These conditions are specified in the present general conditions of sale.
ARTICLE 4 : ORDERING
All orders must be placed through the online store by clicking on the “Order” button. The order is firm only when the buyer has successively filled in the mandatory information under the headings “Identification”, “Enter your details”, “Choice of transport” and “Choice of payment method”. The order is confirmed by the seller by sending an email to the buyer.Any order on the Online Shop implies the acceptance without reserve of the present General Terms and Conditions of Sale, which the buyer acknowledges having read prior to placing the order.The buyer agrees to be at least eighteen years old on the date of the order.In the event of non-compliance with the present Conditions by the buyer, the seller reserves the right to cancel all or part of the orders in progress or to suspend the delivery of goods.
ARTICLE 4.1: PRE-ORDER
The buyer can, in certain cases, pre-order on La Boutique en Ligne a product that is not yet available for sale in order to reserve it for the day of its official release.Pre-order(s)” means the products indicated as such on their product sheets and which can be reserved on the site before their release.The said product is then delivered to the buyer, according to the terms chosen by the latter, under the conditions set out in Article 9 of the General Terms of Sale.If, exceptionally, the pre-order cannot be honored by the seller, the buyer will be fully reimbursed for the amount paid, by bank transfer and without additional costs for the buyer.The date of arrival in stock communicated by the supplier of a product is only indicative, the responsibility of the salesman cannot thus be committed in the event of delay compared to the date initially communicated to the purchaser.
ARTICLE 5 : AVAILABILITY OF STOCKS
The products are offered and delivered within the limits of available stocks.In case of unavailability of the ordered product, the seller informs the buyer and can offer him a product of an equivalent quality and price or, failing that, a credit note of the amount of the order usable on the Online Shop.In case of disagreement of the buyer, the salesman proceeds to the refunding of the sums paid within fourteen days.
ARTICLE 6 : VALIDITY OF THE ORDER
The seller reserves the right to refuse any order for legitimate reasons and more particularly in the case where the quantities ordered, by means of one or more orders, are abnormally high and disproportionate to the quantities usually ordered by the buyers as consumers.The seller cannot guarantee an order with a maximum total weight of more than 30 kg.The seller reserves the right to ask the buyer for additional guarantees of identity and payment for any order exceeding 5 000€, and in any case, for any order including one or more products stamped “Limited Edition”.
ARTICLE 7 : PRICES
The buyer is bound by an obligation to pay the price at the time of the order on the Online Shop.The prices of the products are indicated in Euros, inclusive of all taxes, excluding delivery costs, which are indicated on the e-store.The prices invoiced for the products are those appearing on the Web Store on the date of confirmation of the order by the buyer.The seller reserves the right to modify the prices in force on the Online Shop at any time. The price change will be automatically applicable on the date of publication of the price change on the Online Shop.All orders, regardless of their origin, are payable exclusively in Euros.
ARTICLE 8: RETENTION OF TITLE
The seller retains full and complete ownership of the products until full payment of their price, in principal and interest, by the buyer.Until their complete payment, the buyer commits himself not to resell the unpaid products, not to dispose of them and to take all measures so that these products are preserved in the state in which they were delivered and that they remain individualized as being the property of the seller.
ARTICLE 9: DELIVERY COSTS
Delivery costs vary according to the type of carrier chosen and the delivery location chosen by the buyer. It is possible to simulate these delivery costs on the shopping cart page by clicking on the “Calculate delivery costs” button, once the desired products have been added to the shopping cart.In any case, the seller reserves the right to impose on the buyer a carrier and delivery charges, due to the particularity of the Products.The “Limited Edition” Products as defined above, due to their high value and their (almost) irreplaceable character, will automatically be shipped by a high quality means of transport, at the seller’s choice. The delivery costs will be exposed to the buyer according to the same procedure as the standard delivery costs.
ARTICLE 10: PAYMENT
The buyer has the possibility of proceeding to the payment of his order by the intermediary of various methods which are the following ones:
- By bank transfer to the seller’s bank account.The bank transfer must be made within 10 working days of the order being placed. If the bank transfer is not received within this period, the order will be cancelled.
- By credit card (Carte Bleue, Visa, Mastercard, American Express) through the online services offered by STRIPE and PayPal.
The seller reserves the right to change the available payment methods at any time.
ARTICLE 11: EXPORT SALES
In case of delivery to a country outside the European Union, the buyer is deemed to be the importer of the products concerned.In case of delivery to a country other than those of the European Union or DOM-TOM, the price of the products will automatically be calculated exclusive of tax.All local taxes, customs duties or other services to be paid are the exclusive responsibility of the buyer. It is the buyer’s responsibility to carry out all formalities and obtain all necessary authorizations for the acquisition of the products from the local authorities and to ensure that the products comply with local legislative and regulatory requirements.Thus, if additional taxes are required upon arrival of the product in the buyer’s destination country, the buyer acknowledges that the seller’s responsibility cannot be engaged and that as such the order cannot be refused or be subject to a refund.The seller advises buyers to find out about these obligations from the competent local authorities, prior to any order on La Boutique en Ligne.
ARTICLE 12 : RIGHT OF WITHDRAWAL OF THE BUYER
The buyer has a period of fourteen (14) days following the receipt of the order to exercise his right of withdrawal, without having to give any reason.To exercise his right of withdrawal, the buyer must notify his decision by means of a clear and precise statement, free of any ambiguity. The declaration of withdrawal must include the following mandatory information: name of the buyer, geographical address and, if applicable, telephone number and e-mail address. If the product was received by a third party other than the buyer, the latter must indicate the contact details of this third party in the declaration of withdrawal.The declaration can be made by any means:
Postal address to ” Just For Kings ” KALA KALA – 22, rue Saint Antoine – 16000 Angoulême– E-mail to contact@kingspirit.fr
Upon receipt, the seller will communicate to the buyer, without delay, an acknowledgement of receipt of the withdrawal on a durable medium.
The right of withdrawal cannot be exercised for bottles that have been opened.
Effect of withdrawal:
In the event that the Buyer exercises the right of withdrawal, the Seller shall reimburse the Buyer for all sums paid no later than fourteen (14) days from the date of receipt by the Seller of the Buyer’s decision to withdraw, in accordance with the provisions of Article 15 b) above.The refund shall include the standard delivery charges as quoted by Seller at the time of ordering. Additional delivery costs shall not be refunded by the Seller if the Buyer has expressly chosen a more expensive delivery method than the standard delivery method offered by the Seller.Refunds will be made using the same method of payment as that used by Buyer for the order, unless Buyer and Seller agree to use another method of payment. The buyer undertakes to return the products received, if any, no later than fourteen (14) days from the notification of the declaration of withdrawal to the seller.The order must be returned by the purchaser to the following address: ” Just For Kings ” KALA KALA 22, rue Saint Antoine 16000 Angoulême – France . The expenses of return of the products are the responsibility of the purchaser. These expenses vary with the weight of the parcel, and are estimated at a maximum of approximately 50 EUR in Metropolitan France and for the orders abroad. The seller cannot be held responsible for the inaccuracy of the estimated shipping costs.
ARTICLE 13 : BUYER’S LIABILITY
The buyer is responsible for any damage to the product or its packaging resulting from handling other than that necessary to establish the nature, characteristics and good condition of the product.
ARTICLE 14: RETURN AND REFUND FOR NON-CONFORMITY
In case of delivery to the buyer of a non-conforming or defective product, the buyer may return the said Article within fourteen (14) days after receipt of the delivery to the seller by following the procedure provided below and accessible on the Site.The buyer must notify his intention to return an item by e-mail to the seller’s customer service via the Site.In order to profit from the refunding, the Customer will proceed to the return, in the packing of origin of the Articles, to the following address: ” Just For Kings ” KALA KALA 22, rue Saint Antoine 16000 Angoulême – France. The salesman commits himself refunding with the purchaser the expenses of return when they are engaged by the purchaser, on presentation of the proof of payment. The refund includes the standard delivery costs, as proposed by the seller at the time of the order. Additional delivery charges shall not be refunded by Seller when Buyer has expressly chosen a more expensive delivery method than the standard delivery method offered by Seller. Refunds will be made using the same payment method used by Buyer for the order, unless Buyer and Seller agree to use another payment method.Once the verification of the returned Items has been completed, the Seller undertakes to reimburse the Buyer as soon as possible, to the bank account or payment account of the Buyer used for the payment of the Items.
ARTICLE 15: DELIVERY AND SHIPPING TERMS
All orders are processed by the seller’s Internet Customer Service from Monday to Friday inclusive, except on public holidays. The processing of the order takes place :
- The day of the online payment of the order on the Online Store, in the case of a payment by credit card
- The day of the online payment of the order on the Online Store, in the case of a payment by Paypal (transaction accepted by the Paypal online payment solution)
- The day of receipt of the transfer in the case of a payment by bank transfer
Orders are then shipped from Monday to Friday inclusive, except on public holidays, within two to three working days from the day the order is processed.These shipping times may be extended during periods of high activity or in case of exceptional closure. For example: Christmas, Father’s Day, annual closure, inventory.An email confirming the shipment of the order is sent to the buyer on the day the order is shipped.The delivery time (from the effective date of shipment of the order) for delivery addresses in metropolitan France is 24 hours with Chronopost. For the modes of transport via Chronopost, Colissimo and DHL, a number of follow-up of the state of progress of the delivery is indicated in the email of confirmation of forwarding of the order sent to the purchaser by the salesman. The tracking of the delivery is done on the website of these carriers, via the link provided in the email sent by the seller.In case of delay in shipping the order of more than five working days, the buyer may cancel the order and request a refund by sending a registered letter with acknowledgment of receipt to the seller, provided that the order has not been delivered before the date of receipt of the letter. In any case, the buyer may exercise his right of withdrawal, according to the terms of Article 12 of these Terms and Conditions of Sale. It is expressly agreed that the buyer will become responsible for the products as soon as they are delivered, the delivery entailing the transfer of risks to the buyer.The delivery is carried out by the delivery of the products to the Purchaser, except in the case where the Purchaser will designate to the salesman another carrier than those proposed by the salesman.
ARTICLE 16: DELIVERY ERROR / DEFECT
In the event of delivery of an Item that does not correspond to the Buyer’s Order, or of a defect related to transport, the Customer may return said Item within 15 days of receipt to the Seller by following the procedure set forth below. In order to benefit from the exchange or refund of the Article, the Customer will proceed to the return, in the original packaging of the Article, to the following address
JUST FOR KINGS
KALA KALA
22, rue Saint Antoine 16000
Angoulême – FRANCE
The seller undertakes to reimburse the return postage costs incurred by the buyer, upon presentation of the proof of payment. The reimbursement includes the standard delivery costs, as proposed by the seller at the time of ordering. Additional delivery charges are not refunded by the seller when the buyer has expressly chosen a more expensive delivery method than the standard delivery method proposed by the seller.The refund will be made using the same means of payment as the one used by the buyer for the order, unless the buyer and the seller agree to use another means of payment. In any event, Seller agrees to pay any costs associated with the refund.
Once carried out, the checking of the returned Articles, the salesman commits himself exchanging or refunding the Customer according to the choice expressed by this last, as soon as possible; in the event of refunding, it will be carried out on the bank account or the account of payment of the Customer used for the payment of the Articles.
ARTICLE 17: PRODUCT WARRANTY
The products sold correspond materially to the specifications presented to the buyer by the Online Shop when they are used in strict conformity with the functions for which they were sold. Unless otherwise provided by law, the seller’s liability shall in no case exceed the value of the goods invoiced.
ARTICLE 18: INTELLECTUAL PROPERTY RIGHTS
The sites www.lordly-whisky.fr and www.kingspirit.com as well as each of the elements of which they are composed (such as trademarks, domain names, texts, tree structures, software, animations, images, photographs, illustrations, packaging, diagrams, logos, sounds and music) are the exclusive property of the seller or of third parties who have duly authorized the seller to use these elements, who alone is entitled to use the related intellectual property rights.No element of the site may be used, reproduced, distributed or published in whole or in part without prior written authorization from the seller.The use of all or part of the sites www.lordly-whisky.fr and www.kingspirit.com, in particular by downloading, reproduction, transmission, representation or distribution for purposes other than for your personal and private use for non-commercial purposes is strictly prohibited.
ARTICLE 19: HYPERTEXT LINKS AND COMMENTS
The creation of hypertext links to the www.lordly-whisky.fr and www.kingspirit.com sites is subject to the prior written authorization of the seller, which may be revoked at any time.The seller declines all responsibility (notably editorial) concerning access to sites – and their content – with a hypertext link to or on the www.lordly-whisky.fr and www.kingspirit.com sites.The seller reserves the right to delete any comment published by an Internet user and/or a buyer on the www.lordly-whisky.fr and www.kingspirit.com websites.
ARTICLE 20: ACCESS TO THE ONLINE STORE
The seller reserves the right to make changes to The Online Store and to the www.lordly-whisky.fr and www.kingspirit.com sites at any time and without notice.The seller declines all responsibility in the event of interruption or inaccessibility of the www.lordly-whisky.fr and www.kingspirit.com sites, the occurrence of bugs, or any damage resulting from fraudulent acts on the part of third parties (in particular by hacking and computer intrusion).
In order to avoid server overload, access to the Seller’s Online Shop is reserved for manual use. Any use of robots (bots, crawlers, scrapers…) or similar processes to access, acquire, copy or monitor any part of the site or its content is prohibited. The seller reserves the right to prohibit this type of practice.
ARTICLE 21: DISCHARGING CIRCUMSTANCES
The seller is released from its obligations by the occurrence of events constituting force majeure, fortuitous events or acts of God.
ARTICLE 22: PERSONAL DATA AND PRIVACY POLICY
The seller undertakes, within the framework of its activities and in accordance with the legislation in force in France and in Europe, to ensure the protection, confidentiality and security of the personal data of the users of its services, as well as to respect their private life.For more information on the Personal Data Policy, the buyer can refer to the ” Privacy Policy ” of the seller. This Policy informs you about the way in which the Seller, its subcontractors and its possible partners process your personal data.This policy applies in particular to customers and users of the offers and services and to visitors to the site.Contact Data Protection Officer: dpo@kingspirit.fr .
ARTICLE 23: COOKIES
The seller may implant a cookie in the user’s computer. A cookie does not identify the user; however, it records information about the user’s browsing on the seller’s websites (pages viewed, date and time of viewing, etc.) that the seller can read during the user’s subsequent visits. Thus, the seller offers to facilitate the user’s browsing by recording information relating to the user’s browsing on its websites, including its account connection settings. The cookie contains the information that the user has communicated to the seller. Thus, the Internet user will not need, during his next visit, to fill again the proposed form.The seller informs the Internet user that he can oppose the recording of “cookies” by configuring his browser to this effect. For more information, see the page Politics of Cookies.
ARTICLE 24: CONTACT
For any question, Internet users and/or buyers can send a message to the seller by filling in their request in the dedicated space of the ” Contact ” section accessible on all the pages of the Online Shop.
ARTICLE 25: NO TACIT WAIVER
The fact that one of the Parties, at any time whatsoever, does not exercise a prerogative granted to it by these General Terms and Conditions of Sale, in particular not to proceed to the termination of the sales contract or to exercise this prerogative with delay, or not to demand the execution of any stipulation of the General Terms and Conditions of Sale, shall not be interpreted as an express or tacit waiver by this Party, neither to the right to exercise the said prerogative in the future, nor to its right to demand the scrupulous execution of the commitments subscribed by the other Party to undertake any action or claim which it could have in relation to the non-execution of its obligations by the other Party, nor possibly to its right to terminate the present contract for any violation of the same nature or of a different nature.
ARTICLE 26: APPLICABLE LAW – COMPETENT COURTS
The present general conditions are exclusively governed by French law, to the exclusion of any other law, in particular the Vienna Convention of 11 April 1980 on the international sale of goods.
ARTICLE 27: MEDIATION
In accordance with articles L.616-1 and R.616-1 of the Consumer Code, our company has a consumer mediator: in progress
The European Commission provides an online dispute resolution platform which you can access here: https: //ec.europa.eu/consumers/odr/