Sales Terms and Conditions
These general sales terms and conditions, which are subject to change from time to time, apply to the sale of products on the website www.rhum-lagloriette.com
Each of the expressions mentioned below, whether used in singular or plural, shall have in this agreement the following meaning:
• Terms and Conditions: means these terms and conditions.
• Seller: refers to Mr Albert Balayn whose place of business is located in Grand Cul de Sac - 97133 Saint Barthélemy - SIRET No. 519 465 603 000 16 - APE code: 5610
• Customer or Buyer or Internet Buyer: means the individual or corporation placing an order of products on the website www.rhum-lagloriette.com
• The online store or Website: refers to the website www.rhum-lagloriette.com
These general terms and conditions aim to define the rights and obligations of the parties in the online sale of products offered by the Seller to the Customer.
These conditions apply only to purchases delivered exclusively on the French territory.
These terms represent all obligations of the parties. In this sense, the Customer is deemed to accept them without reservation. The Seller and the Customer agree that these Terms exclusively govern their relationship. The Seller reserves the right to modify the terms and conditions from time to time. They will apply as soon as they appear online.
If a condition of sale were to default, it would be governed by the procedures in force in the distance-selling sector in France.
Deliveries are only in the United States and France.
For the order to be validated, the Customer shall accept these terms and conditions by clicking where indicated. He shall also choose the address and mode of delivery, and finally validate the method of payment.
Any order implies acceptance of prices and descriptions of products available for sale.
In some cases, including non-payment, incorrect address or other problem on the account of the Customer, the Seller reserves the right to block the order of the Buyer until the problem is resolved.
The products shown are available while supplies last. Accordingly, the Seller shall not in any way guarantee the availability of any product for sale for any given period. Any claims of the Customer concerning the order or delivery of an item mentioned on the Site as unavailable shall be considered as unfounded.
The Seller has an inventory update system. However, in case of unavailability of the product after ordering, the Seller undertakes to keep the Customer informed by email as soon as possible. The Customer can then request an exchange or cancel the order of the product concerned by sending an email. In this case, the Seller will refund within a maximum of 30 days the sums paid by the Customer. If necessary, the remainder of the order will remain firm and final.
Order Confirmation: The contractual information will be confirmed via email no later than the time of delivery or failing that, to the address specified by the Customer in the online form.
5. Electronic Signature
The online provision of the credit card number of the Customer and the final validation of the order shall constitute proof of the agreement of the Customer in accordance with Law No. 2000-230 of 13 March 2000 and shall signify:
• liability for payment due under the order,
• signature and express acceptance of all operations carried out.
In case of fraudulent use of his bank card, the Customer is required, upon the discovery of such use, to contact the Seller.
6. Proof of the transaction
The records stored in the computer systems of the Seller under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The filing of purchase orders and invoices is made on a reliable and durable system and can be produced as evidence.
7. Product Information
Products governed by these terms and conditions are those listed on the website of the Seller and which are indicated as sold and shipped by the Seller. They are offered subject to availability. Products are described and presented with the greatest possible accuracy. Photographs of products are not contractual. It is recalled that:
• Alcohol abuse is dangerous for health, consume in moderation;
• Alcohol should not be consumed by pregnant women;
• The sale of alcohol is prohibited to minors; you certify having the legal age and legal capacity in order to purchase on our website.
The Seller reserves the right to change prices at any time but is committed to applying the current rates listed at the time of the order, subject to availability on that date. Prices are quoted in euros and include the order-processing fee. They do not include delivery charges, or extra charges indicated before the validation of the order. At no time can payments be considered as a deposit or installment payment.
Transfer of ownership: The Seller retains full ownership of the goods sold until full receipt of all monies owed by the Customer for his order, including fees and taxes. These provisions do not preclude, upon delivery of products, transfer to the Customer of risk of loss or damage to the goods subject to retention of title as well as damage they could cause
The Customer can pay online by credit card marked with the CB, VISA, MASTERCARD signs, or by bank transfer. The Customer assures the Seller that he has the required permission to use the credit card payment. The Seller reserves the right to suspend any order and any delivery in case of refusal to authorize payment by credit card from certified financial institutions. The Seller specifically reserves the right to refuse to make a delivery or to honor an order coming from a Customer who has not fully paid a previous order or with whom a payment dispute is under administration. As part of this process, the Customer may be asked to submit to the Seller a copy of a photo ID and proof of address. In such case, the order shall not be confirmed until after receipt and verification by the Seller of the papers sent. The security of payments by credit card online is guaranteed by the secure payment service PayPal. The Customer's confidential data (credit card number of 16 digits, expiration date and visual symbol) are encrypted and transmitted directly to the PayPal server without passing through the server’s physical media. If in doubt about the identity of the card-holder or Customer, the Seller reserves the right to demand payment by bank transfer or cancel the order within 15 days after validation of the latter on the Site. In this case, the payment of the order shall not be effective and the amount shall not be debited from the account of the Customer.
Deliveries are only in the United States and France.
Except in cases of force majeure or at times of the online shop's closure which shall be clearly announced on the home page of the website, shipping time shall be, within the limit of stocks available, those indicated below.
10.1 Delivery times vary between 10-35 working days depending on the choice of the carrier by the Customer (by boat in Economy, or by plane with COLISSIMO). The Seller shall under no circumstances be responsible for any delays caused by the carrier. These delivery times are within the limits of available stocks. They run from the validation of the payment or the completion of order verification procedures provided for in these terms. They include the procedures for registration and billing of the order, and the logistical preparation of the order. In all cases, the Seller shall keep the Customer informed of the status of their order on request by email. Products purchased on the Site are shipped to the delivery address specified by the Customer in the order, which will be verified systematically due to the increase in consumer fraud.
10.2 Delivery times are those mentioned during the online checkout process, except weekends, from the filing date. The Seller reserves the choice of transport. Regarding shipments made by COLISSIMO, in the absence of the Customer at the time of delivery, the latter may, within the time scheduled, withdraw his order from the post office with the delivery notice issued by the delivery person ; regarding deliveries made by another carrier, in the absence of the Customer at the time of delivery, the latter shall respect the conditions mentioned on the notice of passage that has been deposited at the delivery address. The products are delivered to the address indicated by the Customer on the purchase order, the Customer shall ensure its accuracy. Every parcel returned to the Seller due to incorrect or incomplete shipping address shall be re-expedited at the expense of the Customer.
10.3 Method of delivery: Every parcel returned to the Seller because of an incorrect or incomplete shipping address will be returned at the expense of the Customer.
The delivery shall be made only after confirmation of payment by the Seller’s banking organization.
11. Compliance and Quality
All items are subject to a contractual guarantee, which does not preclude the legal guarantee provided by articles1641 and following of the Civil Code. For the items which are delivered defective, the Customer benefits from a guarantee allowing him to return them in accordance with Articles L.211-4 and following of the Consumer Code. If at the time of delivery, the original packaging is damaged, torn, open, then the Buyer must check the condition of the items. If they were damaged, the Buyer must imperatively refuse the parcel and note a concern on the delivery slip (parcel refused because it had been opened or damaged). The Buyer must indicate his concerns on the delivery order and in the form of handwritten concerns with his signature, any anomaly concerning the delivery (missing product compared to the delivery order, damaged package, broken products ...). This verification is considered to be made as soon as the Buyer, or a person authorized by him, signs the delivery note. The Buyer must make to the Seller on the day of delivery or no later than on the first business day after delivery, any claim of error of delivery and / or non-compliance of products in kind or in quality compared to the indications found on the order form. Any complaint formulated beyond this time will be rejected. The claim could be made, at the option of the Buyer:
• By phone at: +33 (0) 06 90 35 03 87
• By email to firstname.lastname@example.org
Any claim not made in the rules defined above and within the time limits shall not be taken into account and shall release the Seller of any responsibility to the Buyer.
In case of error of delivery or exchange, any product for exchange or refund shall be returned to the Seller together with the return form and in its original packaging, by Colissimo, and with the duly completed return form, to the following address:
Rhum La Gloriette
Grand Cul de Sac
Contact: Albert Balayn
Mobile: 06 90 35 03 87
This right of return shall be exercised without penalty, the return costs being borne by the Seller. The Buyer shall be reimbursed by crediting his bank account (secure transaction) within fourteen days of receipt of the product or the proof receipt of the shipment of the product, the date chosen being the earliest of these events.
12. Right of withdrawal
The Buyer shall have 14 working days from the date of his order delivery to return any item which does not suit him and ask for the exchange or refund without penalty, except as for the cost of return which remains the responsibility of the Buyer. Only items that have been returned in their entirety, in their original, complete and intact packaging and in perfect condition for resale shall be taken back. No product that has been damaged or whose original packaging has been damaged, shall be refunded or exchanged.
Pursuant to Article L121-21-2 of the Consumer Code, the Buyer shall inform the Seller of his decision to withdraw before the expiration of the 14 day period, via the feedback form available in the section MY ACCOUNT. The product shall be returned to the Seller within the said period, in whole, in original packaging, by the Colissimo mailing system, duly completed and with the return form, to the following address:
Rhum La Gloriette
Grand Cul de Sac
Contact: Albert Balayn
Mobile: 06 90 35 03 87
This right of withdrawal is without penalty, provided that the return costs are borne by the Buyer. In the case of an exchange, the return shall occur at the expense of the Buyer. The Buyer shall be refunded by crediting his bank account (secure transaction) within fourteen days of receipt of the product or from receipt of the product proof of shipment, the date chosen being the earliest of these events.
13. Force majeure
All circumstances beyond the will of the parties preventing the execution under normal conditions of their obligations are regarded as grounds for exemption from the obligations of the parties and will cause their suspension.
The party relying on the above mentioned circumstances shall immediately notify the other party of their occurrence, and their disappearance.
Any compelling facts or circumstances, outside parties, unpredictable, unpreventable, independent of the will of the parties and which can not be prevented by them, despite all efforts reasonably possible,shall be considered as force majeure. Explicitly, the following events are considered as force majeure or unforeseeable circumstances beyond those usually retained by the jurisprudence of French courts and tribunals: blocking of the means of transportation or supplies, cyclones, earthquakes, fires, storms, floods, lightning, stopping telecommunication networks or difficulties specific to telecommunication networks external to Customers.
If one or more provisions of these terms are held to be invalid or declared as such under any law, regulation or following a final decision of a competent court, the other provisions shall remain in full force and scope.
In case of difficulty in interpretation between any of the titles at the head of clauses, and any of the clauses, the titles shall be declared nonexistent.
15. No Waiver
The failure of either party not to claim a breach by the other party to any obligations contained in these Terms shall be construed in the future as a waiver of the obligation in question.
All local taxes, import duties or state taxes which may be payable shall not increase the responsibility of the seller. It is also the Customer’s responsibility to check with local authorities the possibilities of import or use of the products he intends to convey.
17. Privacy: protection of personal data
The control process involves collecting a number of personal details about the Customer. Under the Data Protection Act of January 6, 1978, the Customer has at any time the right to access and correct information concerning him. The processing of this information was the subject of a declaration to the Commission NationaleInformatiqueetLibertés (CNIL).
18. Governing Law
These terms and conditions are subject to the application of French law. In case of dispute or claim, the Buyer should first contact the Seller for an amicable solution. Otherwise, the French courts shall have jurisdiction.
* In case of sale to Consumers: Any procedure or dispute to be born of this agreement shall be the competence of the Court where the defendant lives or at the choice of the defendant, the court where the product has been effectively delivered.
* In case of sale to a professional: If there is no amicable settlement, the Commercial Court of Basse-Terre, Guadeloupe, French West Indies, has exclusive jurisdiction, even in case of multiple defendants, summary proceedings or introduction of third parties.