General conditions of sale

  1. Protection of minors

The sale of alcohol is prohibited to minors, any person ordering alcohol on Aposiadrink is committed to being major in his country of residence at the date of the order. We reserve the right to verify data using external database and also ask our carriers to deliver our goods to major individuals.

  1. General, customer, language

The order by the customer on our website www.aposiadrink.fr (hereinafter referred to as “online store”) implies acceptance of all the General conditions listed below. All other documents, whatever they may be, have only an indicative value. We reserve the right to modify our general conditions of sales and use at any time and without notice.

Our offer is intended for individuals and corporate clients.

Is considered as a client, according to these general conditions of sale and use, any natural or legal person carrying out an order through the site for non-commercial purposes.

Our general conditions of sale and use are the only terms. The General conditions of sale divergent, opposing either complementary to the buyer may be incorporated into the contract unless we have expressly approved their validity in writing.

All contracts are concluded in English or french at the choice of the customer when ordering. If the command is made via our web site, only the English version of these general conditions of sale and use is applicable. If the command is done through our french web site, only the French version of these general conditions of sale and use is applicable.

  1. Presentation of products and taken command

The customer acknowledges having knowledge of the essential characteristics of well ordered. The characteristics of the products offered for sale are described with the greatest possible accuracy on the Aposiadrink site. The photographs do not enter the contractual field. The responsibility of Aposia Drink SAS cannot be held for errors or omissions in the presentation of the products.

The information given by the purchaser at the control Terminal engage that him. If an error in the wording of the recipients, the seller cannot be held responsible for the impossibility in which it is to deliver the product.

Orders are final when they have been confirmed by the payment of the invoice by the buyer.

All our offers are within the limits of available stocks and are without commitment. The command causes the acceptance of the present general conditions of sale.

We confirm the receipt of the order by sending a confirmation email. This confirmation email does not constitute the acceptance of the contractual offer by Aposia Drink SAS but shall notify the customer that his order has been taken into account.

Acceptance of the contract offer is effective when we send the goods or when we mean clearly, for example by e-mail.

The socket on the Aposiadrink website implies, on the part of the client, the communication of personal data like age, name, address, e-mail address and credit card number. If a change takes place on one of these data, the customer must immediately go on our registration page and edit his personal information.

If the customer has supplied inaccurate information concerning (fake name, fake address, fake email address, wrong telephone number, etc.), we are entitled to withdraw from the contract. The withdrawal will be implemented in writing. This can be done by e-mail.

The customer has the right to exercise its right of return according to the General conditions which he has previously taken notice when ordering.

The full text of the General Conditions of sale and use is available on request.

  1. Prices and terms of payment

Our prices include the VAT of France but however do not include delivery charges. In case of delivery outside the European Union, the customer may have to pay additional charges from customs services in each country.

Unless specific written agreement, the deliveries are made after payment (according to the terms and conditions stated at the time of the regulation).

The customer receives no rights for compensation and withdrawal until his claim has not been formally declared clear and enforceable.

Shipment of goods and availability of products

The usual delivery deadlines are 5 to 10 working days from the receipt of the payment.

The products are offered within the limit of stocks available. The seller cannot be held responsible for any out of stock. In case the ordered product would be more available and in agreement with the buyer, the order can be changed. Where appropriate, the unavailable product will also be repaid, always in agreement with the buyer, evidenced by an exchange of emails.

For reasons of availability of the goods, we reserve the right to make delivery in multiple packages. The extra cost will then supported by the vendor.

Shipping and insurance of the goods

The seller reserves the right to choose the carrier delivering.

The seller cannot be held liable for delay in delivery, the latter being attributable to the logistics of the carrier. The responsibility of the seller stops at the time of delivery of the goods to the carrier. This is why the delivery times indicated on the website are not to be considered a commitment but only as an indication.

The client undertakes to carry out a full inspection of the packages at their reception: it must ensure that, in the presence of the carrier (factor or deliveryman), the contents of the package in good condition and as accurately as possible reservations to the carrier on the transport note. The absence of reservations written on the receipt or delivery receipt would prevent any future claim to qualify for a free replacement of the goods in the event of damage or incomplete command. Any dispute arising out of the delivery itself is possible if the products appear as having been delivered.

The goods are insured against the usual risks by Aposiadrink.

  1. Reservation of ownership

We reserve ownership of the goods sold until full payment of the price of purchase or any claim that would be ongoing.

In the absence of prior written authorization, the client is not allowed to resell the delivered goods.

If authorisation of resale, the client ceded us from now all of the revenue from the resale of the goods delivered. Apart from ourselves, the customer is entitled to the recovery of the claim to the third party purchaser. We commit ourselves to not to collect the claims as long as the buyer meets its obligations of payment towards us, as long as he finds himself not in delay of payment, as long as no request for opening of receivership proceedings is filed and as long as it did no another defect of its performance capacity. If it is however the case, we may require that the buyer tells us the assigned receivables and their debtors, it gives us all the information necessary for recovery, furnish us all relevant documents and it signals the assignment to the debtors (third parties).

Retention of title extends to the products obtained by processing or mixing of our goods (we are then regarded as the manufacturer). In case of processing or mixing with goods belonging to a third party, we acquire co-ownership proportionally to the invoiced values of processed or mixed goods.

  1. Guarantees

If the goods prove defective, the customer may request priority replacement of the goods.

If the client is a company, we have the possibility to choose between a repair of the defective object or a new delivery. The client will be so notified of our decision in writing within 10 working days of the notification of the defect. We reserve the right to refuse access to a financially unreasonable request of the purchaser.

If the repair or replacement of the defective goods fails or if the parties reasonable time is exceeded, the customer can terminate the contract or reduce the purchase price. A minimal failure will not result in the termination right.

Any claim by the customer is also linked to the provisions of paragraph 9.

If the client is a person, the warranty ends two years after delivery. For all other cases, the warranty will end 12 months after delivery.

If the client is a corporation, the following rules shall apply in addition:

It is the responsibility of the client responsibility to carefully inspect the goods upon delivery. If delivery is accepted, the goods are considered flawless outside any notifications made by the client:

Immediately after delivery, or immediately after discovery of the defect.

The client has the obligation to make us possible access to goods considered defective so we verify the State.

In the case of resale of goods (after agreement between the parties): If the customer is obliged to take back the goods or reduce the price of resale for proven failure, the dispute will be resolved by the right french (civil code).

Responsibility

The occurrence of a delay in delivery is determined by the legal provisions, if our responsibility is engaged, the customer can demand a lump sum compensation amounting up to 10% of the price net (delivered value).

Aposia Drink SAS cannot be held responsible for damages of any kind, tangible, or intangible materials which could result from a malfunction or misuse of the products.

The above limitations on liability do not apply in the event of wilful misconduct or gross negligence.

  1. Cancellation of orders

Right of withdrawal

You have the right to retract your order without giving any reason within a period of 14 days from the date on which you or a third party designated by you (other than the carrier), have or physically took possession of the purchased goods.

In order to exercise your right of withdrawal, please submit us your explicit request for cancellation of the contract of sale (mail: STOCKERSEUL .COM, Aposia Drink SAS, box A32-07, 7 rue de la Planche aux Joncs, FR-57155, MARLY, FRANCE or by e-mail: contact@aposiadrink.com). To do this, you can also use the following form:

Withdrawal form

To meet the deadline of withdrawal, just send your request for withdrawal before the 14 day period expires.

Effects of withdrawal

Once your order is canceled, we must refund all payments that we have received from your part, including standard shipping costs (i.e., standard international delivery charges corresponding cheaper we offer shipping) no later than 14 days from the receipt of your request for withdrawal. We will use the same means of payment than the one you used during your original order, unless you expressly agree in a different way. In any case this refund cause no additional cost to you.

We can defer repayment until we received the product (s) or until you have provided proof of shipment of (a) product (s), whichever is the first of these facts. If the repayment occurs after the date limit mentioned above, the amount owed to you will be increased automatically. Please note that you must return the product (s) to the address of our warehouse as follows: Aposia Drink SAS, 4 rue de Jemmapes 57100 Thionville, FRANCE, in no later than 14 days from the date on which you have notified your decision of withdrawal. The direct costs of return of the goods are your responsibility and you will be responsible of the depreciation of the value de(s) product (s) resulting from manipulations other than those necessary to establish the nature, characteristics and the proper functioning of the product (s).

  1. Data protection    

Even our declarations relating to the protection of data on the site aposiadrink.fr

  1. Law of trademarks  

The client undertakes to comply with the legislation in force concerning the law of trademarks. Aposia Drink SAS reminds the customer that trademark infringement is punished criminally. Indeed, it is a criminal offence. The penalties that may be imposed are restrictions, or even of sentences imprisonment and/or establishment closures. Aposia Drink SAS cannot be held responsible for failure to comply with the legislation by the customer and reminds him that he incurs any civil or criminal action.

Files and images transmitted by the client will be deleted after the order. Will be archived documents on customer’s request.