Terms and conditions of sale

The following Terms and Conditions of Sale are agreed between:
INTERDRINKS (trading as HOPT / HOPT-SHOP.dk)
Société par actions simplifiée (simplified joint-stock company),
Registered with the RCS (companies register) for LILLE MÉTROPOLE (France), registration number 497 634 030,
Business address: 132 rue du chemin vert
CRT3, 59273
FRETIN, France

Intra-Community VAT number: FR31497634030

Hereinafter referred to as "the Seller"
THE PARTY of the First Part,
and::
Any person or persons completing a purchase via The Seller’s internet website, www.saveur-biere.com,
Hereinafter referred to as "the Customer"
The party of the second part.


ARTICLE 1: OBJECT

The following Terms and Conditions of Sale define the contractual relationship between The Seller and The Customer, as well as any conditions that may apply to a purchase made through The Seller’s website, www.saveur-bière.com, hereinafter referred to as “the Website”.
By accepting these Terms and Conditions of Sale, the Customer shall refrain from making any purchase with the intention of resale, as specified by article L 110-1 of the French Commercial Code.
The Customer shall be at least 18 years of age, and shall have the legal capacity, or be in possession of authorisation allowing him to purchase goods and services from the Website.
The acquisition of goods and services from the Website implies the full and unconditional acceptance of these Terms and Conditions of Sale, which shall take precedence over any other general and/or special conditions for the Customer.
The Seller reserves the right to modify these Terms and Conditions of Sale at any time. It is nevertheless accepted that the Conditions applicable to the Customer shall be those in force at the moment at which he made his purchase from the Website.
These Terms and Conditions of Sale shall remain the exclusive property of the Seller. Any reproduction thereof, be it whole or partial, is strictly prohibited.

ARTICLE 2: DESCRIPTION OF THE GOODS

The goods offered for sale are presented on the Seller’s Website.
Any photographs used in the presentation of the products are as accurate as possible, however they do guarantee a perfect likeness of the product, and constitute, in certain cases, suggestions for the presentation thereof, of which the whole or constituent elements of the photograph or photographs are not systematically offered for sale.
It is understood that the products offered respect French regulations in force relative to the composition of products insomuch as they comply with regulations relating to the health and safety of the consumer.

ARTICLE 3: PRICE AND PAYMENT

ARTICLE 3.1- Price
The prices indicated by the Seller at the time of ordering are displayed in Euros, including all charges, and VAT at the rate applicable on the day on which the purchase is made. Any change to the rate shall be applied to the products and services offered forthwith.
The Seller reserves the right to modify his prices at any time, it being understood that the prices displayed on the Seller’s Website on the day on which any purchase is made shall be those applicable to the Customer.
The prices indicated include the charges for processing the order.
The transport and delivery charges applied shall be those indicated on the Website at the time at which the order is made.
The sale price shall be paid in full at the moment at which the order is made.

ARTICLE 3.2 - Payment
The order can be paid for by the following methods:

-Credit card (Carte Bleue, Visa, Eurocard, MasterCard accepted in France)
The Seller offers secure on-line payment services provided by the Banque Populaire bank by means of a secure server which uses SSL protocol. The Customer’s Credit Card number is therefore directed solely to the bank’s servers in a secure environment.

-Via PayPal
The PayPal system allows online payment without communicating bank account details, by means of identification using only an electronic mail (e-mail) address and a password.

-By bank transfer, selecting "Bank wire" in the order form on the Website. Payment by bank transfer must be made to the Seller within two weeks of the confirmation of the order. The Seller’s bank details are as follows: CEO : Julien LEMARCHAND
IBAN number: IBAN : FR76 1350 7001 0630 6417 9216 192
BIC : CCBFRPPLIL

In all eventualities, if payment is not received in full by the Seller within two weeks of the time at which the order is confirmed, the order will be cancelled.

Upon request, an invoice stating the VAT will be sent by the Seller to the Customer.

ARTICLE 4: THE ORDERING PROCESS

The Customer wishing to make a purchase by means of the Seller’s Website shall:
- Create a user account, entering the information requested by the Website (including: family name, first name, postal address or addresses for billing and delivery, e-mail address, telephone number)
- Consult the product descriptions on the Website and add the articles he wishes to purchase to his online “shopping basket”
- Confirm the contents of his online shopping basket
- Correct any eventual input errors
- Confirm the order
- Select and confirm his method of payment
The Customer shall be responsible for ensuring the accuracy of the information provided for which he is solely responsible, and shall update this information in case of changes thereto.
The Seller undertakes to communicate to the Customer by e-mail, forthwith, confirmation of the order placed. This e-mail shall contain the information supplied by the Customer.
Any data supplied, and the confirmation recorded shall constitute proof of the transaction.
The Seller undertakes to save the orders and confirmations of orders on a reliable, durable system, in compliance with provisions in Article 1348 of the French Civil Code.
The Customer shall have access to all of his orders by means of consulting the section of the Website “History and details of my orders” in the section of the Website “My account”. The computerised records held by the Seller shall be considered by the Parties to constitute proof of communications, orders, payments, and transactions made between the Parties.
It is understood that the Seller has undertaken a distance selling contract through his banking organism. The bank transaction is secure and, under no circumstances, shall the Seller retain any banking details belonging to the Customer.
The Customer is responsible for keeping the order number which was allocated to him by the Seller, and which may be requested of him, in particular in the event of a claim made subsequently. It is understood that the Seller reserves the right to refuse an order of an unusual character, in particular with respect to quantities ordered.
Finally, the non-professional customer is informed of, and recognises that he is prohibited from ordering more than 110 litres of beer at any one time. This limitation does not apply to the professional customer benefitting from a status of opérateur enregistré (registered trader) by French Customs.

ARTICLE 5: DELIVERY

ARTICLE 5.1 - Conditions for delivery to Mainland France
The online sale of goods and services presented on the Seller’s Website is limited to and reserved for Customers resident in mainland, continental France, and Corsica.
Due to the operating conditions imposed on the Seller by French Customs, the delivery of products subject to taxes specific to alcohol (excise duty) is not permitted outside of the territory. As a result, the following territories are excluded: Andorra, Monaco, DOM-TOM (French overseas territories)
Deliveries will be made to the address indicated for this effect by the Customer at the moment at which the order is made, and once payment has been received.
According to the Customer’s choice, delivery will be undertaken by Chronopost, GLS, Mondial Relay, Mazet or Calberson.

ARTICLE 5.2 - Delivery time
The maximum time for delivery of a product following the order is indicated on the Website when the order is confirmed. In case of a grouped purchase of several products, the delivery time applicable to the entire order will correspond to that of the product with the longest possible delay.
The deadline for delivery shall be specified in the e-mail confirming the order.
In no eventuality shall the delivery time exceed thirty (30) days.
In case of failure of the Seller in his obligation, the Customer may dissolve the contract by means of a registered letter with proof of delivery, or in writing on any other durable material if, having instructed by the same means the Seller to undertake the delivery within a reasonable additional period, the latter has not fulfilled this obligation within said period.
The contract is considered dissolved upon receipt by the Seller of the letter or written communication informing him of the cancellation, providing the Seller has not already delivered the order.
However, the Customer may dissolve the contract with immediate effect if the expected delivery time constitutes for him an essential condition of the contract. This essential condition results from circumstances which affect the fulfilment of the contract, or an express request by the Customer, prior to the fulfilment thereof.
The Seller shall reimburse in full, by payment method of his choosing, any monies paid by the Customer, within fourteen (14) days following the date on which the contract is declared dissolved. The sum paid by the Customer is automatically subject to a 10% penalty payable by the Seller in the event that the reimbursement is not made within thirty (30) days of dissolution of the contract, or 20% if it is not made within sixty (60) days, and 50% if it exceeds this period.
The Customer nevertheless has the right to demand reimbursement by another method.
The Seller shall inform the Customer by e-mail of the expedition of his order.

ARTICLE 5.3 - Delivery charges
Delivery charges are calculated according to the weight of the package. They will be communicated prior to the confirmation of the order.
All beers sold by the Seller have had their duties paid to French Customs. Customs or import duties may nevertheless be demanded upon delivery of the order in its Country of Destination. The recipient is responsible for paying any costs associated with clearing customs, duties payable, or other local taxes in the Country of Destination.
The Seller having no control over these taxes, the recipient can in no event demand of the Seller an indemnity of any form or reimbursement associated with the costs incurred in the Country of Destination.

ARTICLE 5.4 - Deliveries with the European Union
For countries within the EU zone:
Deliveries will be accompanied with a docket consisting of five copies per package, and the bill of sale, duly stamped and signed.
The price including VAT, packaging, deposits, and taxes specific to alcohol (excise duty), is displayed in Euros.
The price indicated on the bill of sale does not include transport costs, which are calculated according to the weight of the order.
The price indicated upon confirmation of the order is definitive, expressed with all taxes included. This price includes the price of the goods, plus handling, packaging, holding and shipping costs.

ARTICLE 5.5 - Claims resulting from and pertaining to the delivery
In case of claims concerning the delivery of goods, the Customer undertakes to inform the Seller thereof as soon as possible at the following e-mail address: support@saveurbiere.zendesk.com.

ARTICLE 6 : AVAILABILITY OF PRODUCTS

In the event that a product is unavailable in stock, the Seller shall inform the Customer by e-mail.
The Customer may then choose either reimbursement, to be paid in full within fourteen (14) days of receipt by the Seller of payment by the Customer, or an exchange of the unavailable product against an equivalent product. In this event, the cost of returning the goods shall be met by the Seller.

ARTICLE 7 : RESPONSIBILITY

The Seller shall be partially or wholly exonerated from his obligations upon production of proof that the failure to fulfil the contract is attributable either to the Customer, or due to unforeseen and unavoidable circumstances or a third party outside the scope of the contract, or in case of force majeure.
The Seller shall not be held responsible in case of computer bug at the moment that the Customer’s order is made, in particular linked to the Customer’s internet connection or any other external event.
Furthermore, the Customer is responsible for storing the products in a cool, dry place, away from bright light.

ARTICLE 8 : GUARANTEE

All products supplied by the Seller are subject to the legal guarantee provided by Articles 1641 and subsequent of the French Civil Code.
Furthermore, the Customer benefits from the Guarantee of Conformity provided by Articles L.211-4 and subsequent of the French Consumer Code.
In case of non-conformity of the products sold, the Customer has the choice of repair or replacement of the product. However, if the Customer’s choice incurs costs manifestly disproportionate for the Seller, the latter may proceed as he sees fit.
If the repair or replacement of the product are not possible, the Customer may return the product for a full refund or keep the product and receive a partial refund.
The same facility is available to the Customer if the solution requested cannot be implemented within a period of one (1) month following the claim, or if this solution cannot be implemented without major inconvenience for the Customer, taking into account the nature of the product and its intended use.
The resolution of the sale cannot be declared if the fault is minor.
In any event, the application of the guarantee for non-conformity of the product shall not entail any cost to the Customer.
In the event of the non-conformity of a product sold, the Customer should return it to the Seller who shall accept it, and exchange it or issue a reimbursement.
The replacement of a defective product does not extend the length of the guarantee.
Any claim that is the subject of this article should be made by post to the following address: Interdrinks, 2eme Avenue, Port Fluvial, 59000 Lille, France, or by email to the address: support@saveurbiere.zendesk.com

ARTICLE 9 : INTELLECTUAL PROPERTY

All elements of the Website, in particular images, audio, text, and video, as well as any technology used for the presentation thereof, and the presentation of the products are the property of the Seller.
Consequently, the Customer is formally prohibited from all reproduction, representation, distribution, even partial, of any element integral to the Website.
Any reproduction or representation of the Website is subject to express, prior permission from the Seller. Failure to comply with this obligation constitutes counterfeiting, and engages the civil and criminal liability of the person responsible.
Furthermore, any process relating to the techniques of framing or deep-linking is formally prohibited, except by express permission of the Seller.
The name "SAVEUR BIERE" is the subject of a trademark, registered with the INPI (French National Institute of Industrial Property, No.3517743). Consequently, any use or reproduction of this Trademark by the Customer, for any reason, and on any medium, without prior authorisation by the Seller constitutes an act of infringement liable to criminal and civil action.
The Customer is prohibited from any use of the “SAVEUR BIERE” brand.
The Seller authorises creation of hypertext links to the Website www.saveur-biere.com.

ARTICLE 10 : PERSONAL DATA

The Seller informs the Customer that his personal data are recorded and that the Seller has undertaken responsibilities imposed by the CNIL (French national data protection agency) concerning the handling of these data, in compliance with French IT and data protection law, No. 78-17, dated 6 January, 1978.
The Customer is informed that his data are the subject of processing allowing the Seller to offer various goods and services offered by the site.
Furthermore, the processing of the Customer’s personal data is the subject of a declaration to the CNIL, No. 1289144.
In compliance with conditions of Articles 38 and subsequent of the French IT and Data Protection law of 6 January, 1978, the Customer has the right to access, modify, correct, or delete his data, simply by contacting the Seller at the following address: support@saveur-biere.zendesk.com.
The Seller guarantees the Customer that his data shall not be stored within the European Union or, more particularly in France.
The customer is informed that his data may be communicated to the company AB InBev, to which the company Interdrinks belongs.
No data supplied by the Customer shall be used for sales prospection.
The customer is informed that information relating to his connection to the Website, and, in particular, the pages consulted and IP addresses are saved for the period permitted by law, to whit one year.

ARTICLE 11 : COOKIES

The Website may be required to use the "cookies" allowing it to process statistics and information pertaining to traffic, to facilitate browsing, and to improve the Customer experience. The Customer may refuse the saving of these cookies by changing the settings of his internet browser software.

ARTICLE 12 : RIGHT OF WITHDRAWAL

ARTICLE 12.1 - Period and reimbursement
Any Customer considered to be a consumer, as defined by French Consumer Code, and who makes a purchase for personal use from the Seller’s Website, benefits from a right of withdrawal.
The Customer shall benefit from a right of withdrawal for a period of fourteen (14) days following receipt of the last product (in the case of an order composed of several items delivered separately or an order composed of batches or multiple parts for which the delivery period is spread across a predefined period), to return the product to the Seller in order that it should be exchanged or a reimbursement be made, without the need to explain his decision, nor to meet any costs other than those arising from the return thereof.
The Customer shall inform the Seller of his decision to withdraw by sending a completed form, found in appendix to these Terms and Conditions of Sale, or a handwritten letter clearly stating his intentions, before the expiration of the prescribed period, to the following address: Interdrinks, 2eme Avenue, Port Fluvial, 59000 Lille, France, or by e-mail to the address: support@saveurbiere.zendesk.com.
On condition that the product or products returned are in perfect condition, the sum paid, including the delivery costs, shall be reimbursed by the Seller, within a maximum period of fourteen (14) days from the date on which the Seller is informed by the Customer of his intention to withdraw, using the same payment method used by the Customer to pay for his order, except by agreement with the Customer that a different payment method be used, and on condition that the reimbursement does not entail any cost to the Customer.
The Customer is informed of and understands that he is liable for any additional fees if he has chosen a delivery method that is more expensive than the standard delivery method offered by the Seller.
The Customer is informed of and understands that he is liable for any additional fees if he has chosen a delivery method that is more expensive than the standard delivery method offered by the Seller.
The Customer is informed of and understands that the right of withdrawal does not apply to products that have been opened by him after delivery and which, for health and safety reasons, cannot be returned. Consequently, any product which has been opened or consumed by the customer cannot be the subject of a return.

ARTICLE 12.2 - Conditions for returning goods
The Customer shall send or present the product to the Seller or a person designated by the latter, no later than fourteen (14) days following the communication of his decision to withdraw, as the Seller does not offer to collect the item himself.
The Customer shall meet any costs arising from the return of the product.
Returns must be made using the French postal service, La Poste, using the Colissimo recorded delivery service, having first contacted the Seller at the address Interdrinks, 2eme Avenue, Port Fluvial, 59000 Lille, France, in order to obtain a return number.
The product must be returned in the state in which it was received by the Customer, in its original, unopened packaging.

ARTICLE 13 : SELLER’S INSURANCE

The Seller’s insurance enables the Customer to insure his delivery against any damages arising from the eventual breakage of products.
In case of the breakage of goods during delivery, the Seller undertakes to send the Customer having purchased the insurance, a credit-note or reimbursement for the market value of the damaged goods.
The Customer has a statutory period of seven (7) days from the date of delivery in which to submit any claim
The Customer shall inform the Seller by sending an e-mail to the following address: support@saveurbiere.zendesk.com.
The Seller will then ask the Customer to send a signed statement of damages accompanied by a photograph or photographs of the damaged goods.

ARTICLE 14 : TOLERANCE AND WAIVER

It is formally agreed between the parties, that any tolerance or waiver by one of the parties in the application of all or part of his commitment provided by these Terms and Conditions of Sale, regardless of the frequency and duration, shall not constitute a modification thereof, nor occasion any right whatsoever.
Moreover, no delay, inaction, refusal or omission on the part of the Seller in the application of any one of the rights described herein, shall prejudice those rights, nor be considered to imply a renunciation of the right to exercise his rights.

ARTICLE 15 : INTEGRALITY

These Terms and Conditions of Sale express the entirety of the obligations of the parties.
No indication nor document, shall replace the obligations contained herein, unless they are the object of an amendment signed by both parties. No correspondence predating the signature of this document shall replace the obligations described therein.

ARTICLE 16 : PARTIAL NON-VALIDITY

If a specific stipulation of these Terms and Conditions of Sale is held to be invalid, or declared such by a decision having authority for the subject judged by a competent jurisdiction, the other stipulations shall retain their power and scope, with the exception of the cancellation of articles 3, 7 and 8, which are considered by the parties to be essential.

ARTICLE 17 : CHANGE OF OWNERSHIP

The parties expressly agree that in the event of a change of ownership, by sale, merger or any other form of transfer of the company INTERDRINKS, this contract shall be transferred with full rights to the new owner.

ARTICLE 18 : COMPETENCE AND APPLICABLE LAW

These Terms and Conditions of Sale are subject to French law.
In the event of a dispute between the Parties as a result of the execution or interpretation of the Terms and Conditions, the Parties agree in advance of any legal action that any claim shall be subject to advance written notification to be sent by registered mail.
Either party may then, after a period of ten (10) days from the date on which the aforementioned letter is sent, enter into appropriate proceedings.
Furthermore, in compliance with conditions set out in Articles L 612-1 and subsequent of the French Consumer Code, the Customer has the facility of recourse free of charge (excepting any fees arising from lawyers or legal experts) to a consumer ombudsman, with a view to the amicable resolution of the claim against the Seller.
To do this, the Customer may contact the consumer ombudsman at the following address: [To be completed Mediator name, address, website]
Furthermore, the Customer may have recourse to contact the European Union’s Online Dispute Resolution service (ODR), accessible at the following address: http://ec.europa.eu/consumers/odr/
It is understood that the Customer’s request for mediation will only be accepted if:
- The customer has attempted to resolve the claim directly with the Seller in writing, in accordance with conditions stipulated above,
- The Customer’s claim is not manifestly unfounded or unfair,
- The Customer’s claim is not submitted within a period of one year from his written claim to the Seller,
- The claim has not previously been examined by another ombudsman or tribunal.

ARTICLE 19 : PROTECTION OF MINORS

In compliance with Article L.3342-1 of the French Public Health Code, the sale of alcohol to minors of less than eighteen (18) years of age is prohibited. In confirming his purchase on the www.saveur-biere.com Website, the Customer confirms that he is at least eighteen (18) years of age on the date of purchase.
At the moment of delivery, the recipient must be 18 years of age. The delivery company may ask for proof of age.