Terms of sale
ARTICLE 1 - PURPOSE AND SCOPE
These General Terms and Conditions of Sale (hereinafter referred to as the “Terms”) govern all sales concluded between Swell De Spirits SASU and any individual acting as a consumer (hereinafter referred to as the “Customer”) through the website www.swelldespirits.com
These Terms apply to the exclusion of all other terms and conditions, including those applicable to sales made through other distribution channels.
Any order placed on the Website implies the Customer’s full and unconditional acceptance of these Terms.
Swell De Spirits reserves the right to amend these Terms at any time. The applicable Terms shall be those in force on the date the order is validated.
These Terms have been drafted in accordance with French legislation governing distance sales concluded with consumers.
ARTICLE 2 – AGE RESTRICTIONS AND ACCESS CONDITIONS
The sale of alcoholic beverages on the Website is strictly reserved for individuals aged eighteen (18) years or older.
By creating a customer account and placing an order on the Website, the Customer confirms that they are of legal drinking age and have the legal capacity to enter into a binding contract.
Swell De Spirits reserves the right to refuse or cancel any order where there is reasonable doubt regarding the Customer’s age or in the event of non-compliance with these Terms.
Alcohol abuse is dangerous for your health. Consume responsibly.
ARTICLE 3 – PRODUCTS
The Website exclusively offers spirits and alcoholic beverages intended for private consumers.
The essential characteristics of each product are described on the relevant product pages available on the Website.
Photographs, illustrations, visuals and product representations are provided for informational purposes only and are not contractually binding.
Tasting notes, comments, pairing suggestions and flavour descriptions are provided for guidance only. Due to their subjective nature, they may not constitute grounds for reimbursement, replacement or dispute of a product that conforms to the order.
Products are offered for sale subject to availability.
Despite careful inventory management, exceptional stock discrepancies may occur. In such cases, Swell De Spirits will inform the Customer as soon as possible and may either issue a refund or propose an alternative solution.
ARTICLE 4 – LIMITED RELEASES AND PURCHASE RESTRICTIONS
Certain products may be released in limited quantities or be subject to purchase restrictions.
For such products, Swell De Spirits reserves the right to limit the quantity that may be purchased by a single Customer.
Swell De Spirits also reserves the right to cancel all or part of an order where there is reasonable evidence suggesting that a Customer is attempting to circumvent such limitations, including through the use of multiple customer accounts, payment methods, identities or delivery addresses.
In order to ensure fair access to limited products, Swell De Spirits further reserves the right to refuse or cancel orders where there are serious indications that products are being acquired for speculative purposes or in an attempt to bypass the rules established on the Website.
Any amounts collected in relation to the affected products shall be refunded in full to the Customer.
ARTICLE 5 - CUSTOMER ACCOUNT AND PRDERS
The creation of a customer account is required in order to place an order on the Website.
The Customer undertakes to provide accurate, complete and up-to-date information when creating their account and when placing orders.
The Customer is solely responsible for maintaining the confidentiality of their login credentials and for all activity conducted through their account.
All orders placed on the Website are subject to the validation procedures implemented by Swell De Spirits.
An order shall only become final once payment has been successfully approved by the relevant financial institution.
An order confirmation will be sent by email to the address provided by the Customer during the ordering process.
Swell De Spirits reserves the right to refuse or cancel any order in the event of fraud, attempted fraud, breach of these Terms, or any previous dispute with the Customer.
ARTICLE 6 – PRICES AND PAYEMENT TERMS
All product prices are displayed in Euros (€), inclusive of all applicable taxes (VAT included).
Shipping costs are calculated automatically during the checkout process based on factors including the products ordered, the destination and the volume of the order. Such costs are displayed to the Customer before final order confirmation.
Certain products may qualify for free shipping. Where applicable, this information will be clearly indicated on the relevant product page.
Swell De Spirits reserves the right to modify its prices at any time. However, products shall be invoiced based on the prices in force at the time the order is validated.
Payments may only be made using the following methods:
* Credit or Debit Card
* Apple Pay
* Google Pay
An order shall only be considered final once payment has been accepted by the relevant financial institution.
In the event of payment refusal, the order will be automatically cancelled.
ARTICLE 7 – PRE-ORDERS
Certain products may be offered for sale on a pre-order basis prior to their actual availability.
Such products are clearly identified as pre-order items on their respective product pages.
Any availability, bottling, packaging or shipping dates displayed on the Website are provided for information purposes only.
Delays beyond the control of Swell De Spirits may occur, including but not limited to production constraints, bottling operations, packaging delays, shortages of packaging materials, transportation issues or any other event affecting the supply chain.
Such delays shall not give rise to any compensation, penalty or claim for damages by the Customer.
Where an order contains both available products and pre-order products, Swell De Spirits may, at its sole discretion:
* Ship the entire order once all products become available; or
* Proceed with one or more separate shipments.
In the latter case, no additional shipping charges will be applied to the Customer.
Swell De Spirits also reserves the right to consolidate several pre-ordered products with similar availability dates in order to optimize shipments.
In the exceptional event that a pre-order cannot be fulfilled, the Customer shall receive a full refund of all amounts paid in respect of the affected product.
ARTICLE 8 – DELIVERY
Orders are delivered exclusively to European Union countries served by the Website.
Preparation and delivery times displayed on the Website are provided for information purposes only.
Swell De Spirits undertakes to use all reasonable efforts to ensure that orders are dispatched as quickly as possible.
Deliveries are carried out by shipping partners selected by Swell De Spirits.
The choice of carrier is made exclusively by Swell De Spirits.
The Customer is required to inspect the apparent condition of the parcel upon delivery.
In the event of any visible damage or anomaly (including damaged, opened, crushed packages or packages showing significant signs of impact), the Customer is encouraged to make appropriate reservations with the carrier and to contact Swell De Spirits as soon as possible.
Risk transfers to the Customer, or to any third party designated by the Customer, upon physical possession of the products.
ARTICLE 9 - RETURNS, TRANSPORT DAMAGE AND NON-CONFORMING PRODUCTS
Any issue relating to delivery, product breakage during transport, or receipt of a non-conforming product must be reported to Swell De Spirits within seventy-two (72) hours following the carrier’s delivery notification.
Any claim must be accompanied by evidence enabling proper assessment of the issue, including:
Photographs of the parcel;
Photographs of the affected product;
Photographs of the protective packaging;
Photographs of the shipping label;
Any other relevant supporting evidence.
After this period, Swell De Spirits cannot guarantee that the claim will be accepted.
Following review of the claim, Swell De Spirits may, depending on the circumstances:
Replace the affected product;
Refund the affected product;
Issue a store credit of equivalent value.
ARTICLE 10 - RIGHT OF WITHDRAWAL
In accordance with applicable consumer protection laws, the Customer has the right to withdraw from the purchase within fourteen (14) days from receipt of the products without providing any reason.
To exercise this right, the Customer must notify Swell De Spirits of their decision through an unequivocal statement sent by email or postal mail.
The Customer must return the relevant products within fourteen (14) days of communicating their decision to withdraw.
Products must be returned complete, unused, in their original condition, and packaged appropriately to ensure safe transport.
Return shipping costs remain the responsibility of the Customer.
Where the right of withdrawal has been validly exercised, Swell De Spirits shall reimburse all amounts paid by the Customer, including any standard delivery charges originally paid, within fourteen (14) days of receipt of the withdrawal request.
Refunds will be made using the same payment method used for the original transaction unless otherwise expressly agreed between the parties.
The right of withdrawal cannot be exercised for products that have been unsealed after delivery and cannot be returned for health protection or hygiene reasons.
No refund request shall be accepted for any opened product except in the event of a proven product defect.
ARTICLE 11 - STATUTORY WARRANTIES
Products sold by Swell De Spirits benefit from the statutory legal guarantee of conformity provided under Articles L.217-3 and following of the French Consumer Code, as well as the warranty against hidden defects provided under Articles 1641 and following of the French Civil Code.
Legal Guarantee of Conformity
The consumer has a period of two (2) years from delivery of the product to invoke the legal guarantee of conformity in the event of a lack of conformity.
During this period, the consumer is only required to demonstrate the existence of the lack of conformity and not the date on which it appeared.
Where the legal guarantee of conformity applies, the consumer is entitled to repair or replacement of the product.
If repair or replacement is impossible or would involve manifestly disproportionate costs, Swell De Spirits may refund the affected product in accordance with applicable regulations.
The consumer may also be entitled to a price reduction or termination of the contract in the cases provided by law.
Warranty Against Hidden Defects
The consumer may also invoke the warranty against hidden defects under Articles 1641 and following of the French Civil Code.
In such circumstances, the consumer may choose either rescission of the sale or a reduction of the purchase price in accordance with Article 1644 of the French Civil Code.
Implementation of Statutory Warranties
Any claim made under a statutory warranty must be submitted to the customer service department of Swell De Spirits together with any evidence supporting the existence and nature of the defect.
Swell De Spirits may request any document or photograph necessary to review the claim.
These statutory warranties apply independently of any commercial warranty that may be offered.
ARTICLE 12 - INTELLECTUAL PROPERTY
All elements forming part of the Website, including but not limited to texts, photographs, visuals, videos, illustrations, logos, trademarks, trade names, graphic designs, databases and editorial content, are protected by intellectual property laws.
They remain the exclusive property of Swell De Spirits or their respective rights holders.
Any reproduction, representation, distribution, adaptation, exploitation or use, whether in whole or in part, of any element of the Website without prior written authorization is strictly prohibited.
Any unauthorized use may result in legal proceedings in accordance with applicable laws and regulations.
ARTICLE 13 - PERSONAL DATA
Swell De Spirits collects and processes Customers’ personal data in compliance with applicable legislation, including the General Data Protection Regulation (GDPR) and relevant French data protection laws.
Collected data may be used for the following purposes:
Order management;
Customer account management;
Processing customer service requests;
Compliance with legal and regulatory obligations;
Improvement of services offered.
Detailed information regarding the processing of personal data is available in the Privacy Policy accessible on the Website.
Customers have the right, at any time, to access, rectify, erase, restrict, transfer or object to the processing of their personal data in accordance with applicable legislation.
Any request relating to personal data may be submitted to Swell De Spirits by email.
ARTICLE 14 - COOKIES
The Website uses cookies and similar technologies to ensure proper operation, facilitate navigation, measure audience statistics and improve the user experience.
Details regarding the management of cookies are set out in the Privacy Policy available on the Website.
Users may modify their cookie preferences at any time through the options provided during their browsing experience.
ARTICLE 15 – FORCE MAJEURE
Swell De Spirits shall not be held liable for any failure or delay in performing its obligations where such failure or delay results from an event of force majeure as defined by Article 1218 of the French Civil Code.
Events considered to constitute force majeure include, but are not limited to:
Natural disasters;
Fires;
Floods;
Pandemics;
Labour disputes;
Acts of terrorism;
Widespread failure of communication networks;
Administrative or governmental decisions preventing the normal performance of Swell De Spirits’ obligations.
Performance of the affected obligations shall be suspended for the duration of the force majeure event.
ARTICLE 16 – WEBSITE ACCESS
Swell De Spirits uses all reasonable means to ensure the accessibility and proper functioning of the Website.
However, Swell De Spirits shall not be held liable for temporary interruptions of the Website, maintenance operations, technical failures, malicious acts, or any event beyond its control affecting access to the Website.
Swell De Spirits reserves the right to modify, suspend, or discontinue all or part of the Website at any time and without prior notice.
The use of robots, automated scripts, scraping tools, or any other method intended to automatically collect data from the Website is strictly prohibited.
ARTICLE 17 – CONTACT AND CUSTOMER SERVICE
ARTICLE 17 – CONTACT AND CUSTOMER SERVICE
For any questions relating to an order, a product, or the application of these General Terms and Conditions of Sale, Customers may contact Swell De Spirits customer service:
* By email using the contact addresses provided on the Website;
* Through the contact forms available on the Website.
Swell De Spirits will make every reasonable effort to respond to requests as promptly as possible.
ARTICLE 18 – RETENTION OF TITLE
Products shall remain the property of Swell De Spirits until full payment of their purchase price has been received from the Customer.
However, the transfer of risk shall occur upon delivery of the products to the Customer or to any third party designated by the Customer.
ARTICLE 19 – NO WAIVER
The failure of Swell De Spirits to enforce any provision of these General Terms and Conditions of Sale at any given time shall not be construed as a waiver of its right to enforce such provision at a later date.
Likewise, the occasional tolerance of a breach of these General Terms and Conditions of Sale shall not create any vested right in favour of the Customer nor prevent Swell De Spirits from subsequently requiring strict compliance with the relevant provisions.
ARTICLE 20 - CONSUMER MEDIATION
In accordance with the provisions of the French Consumer Code relating to the consumer dispute mediation process, after having contacted us and in the absence of a response that satisfies you, you may refer the matter free of charge to the following consumer mediation service:
CM2C
49 rue de Ponthieu
75008 Paris
France
Tel: +33 (0)1 89 47 00 14
Website: https://www.cm2c.net/declarer-un-litige.php
Email: litiges@cm2c.net
ARTICLE 21 - APPLICABLE LAW AND DISPUTE RESOLUTION
These General Terms and Conditions of Sale shall be governed by and construed in accordance with French law.
In the event of a dispute, the parties shall first seek an amicable resolution before initiating any legal proceedings.
Failing an amicable settlement or mediation process, jurisdiction shall be determined in accordance with the applicable legal provisions.
ARTICLE 22 - LEGAL INFORMATION
The Website is operated by:
Swell De Spirits SASU
Share Capital: €1,000
Registered Office:
33600 Pessac
France
Company Registration Number (SIREN): 898 010 897
Bordeaux Trade and Companies Register (RCS): 898 010 897
Email Address: info@swelldespirits.com
VAT Number: FR02898010897
Publishing Director: Michaël BARBARIA