Terms of sale
Article 1 – Applicability
These general conditions express the entire obligations of the parties. In this sense, the Buyer is deemed to accept them without reservation. They apply to the exclusion of all other conditions and, in particular, those applicable for sales in stores or through other distribution and marketing channels. These general conditions are accessible on the website https://www.3monts.fr and will prevail, where applicable, over any other version or any other contradictory document. The Seller and the Buyer agree that these general conditions exclusively govern their relationship. The Seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are put online. If a condition of sale were to fail, it would be considered to be governed by the customs in force in the distance selling sector in France.
Article 2 – Content
The purpose of these general conditions is to define the rights and obligations of the parties as part of the online sale of beers and accessories, from the website https://www.3monts.fr They only concern purchases made by Buyers located in France and delivered exclusively on the territory of mainland France. No deliveries outside mainland France can be made. The Buyer declares to have read these general conditions of sale and to have accepted them before his immediate purchase or when placing his order. In this regard, they are enforceable against him in accordance with the terms of article 1119 of the Civil Code. The terms appearing in capital letters in these general conditions will have the following meaning:
“Buyer”: the consumer Internet user making a purchase of Product (s) on the Site. “Delivery service provider”: the company that delivers the Products sold on the Site “Products”: all of the products that can be purchased on the Site.
“Site”: the https://www.3monts.fr site and all of its pages.
“Seller”: the company Brasserie 3 MONTS, offering its Products for sale on the Site.
Article 3 – Precontractual information
3.1 In accordance with article L. 3342-1 of the Public Health Code, the sale of alcohol to minors under the age of eighteen (18) is prohibited. The Buyer confirms by confirming his order on the Site to be eighteen (18) years old on the date of the order. Upon delivery, the delivery person is entitled to request proof of identity in case of doubt as to the age of the recipient.
3.2 The Buyer shall refrain from any purchase for resale, within the meaning of article L 110-1 of the Commercial Code.
3.3 The Buyer acknowledges having been informed, before placing his order and concluding the contract, in a legible and understandable manner, of these general conditions of sale and of all the information listed in article L. 221 -5 of the consumer code.
3.4 The essential characteristics of the Product, its price and the method of calculation thereof, as well as the additional costs of transport, delivery or postage and all other costs, are transmitted to the Purchaser in a clear and understandable manner. possible. Furthermore, BRASSERIE 3 MONTS undertakes to communicate to the Purchaser:
- in the absence of immediate execution of the contract, the delivery date or time;
- information relating to the identity of the Delivery Service Provider, their postal, telephone and electronic contact details and their activities.
3.5 The Seller communicates to the Buyer the following information:
- his name or corporate name, the geographic address of his establishment and, if different, that of the head office, his telephone number and his email address;
- the terms of payment, delivery and execution of the contract, as well as the terms provided for the processing of complaints;
- in the event of a sale, the existence and the procedures for exercising the legal guarantee of conformity provided for in articles L. 217-1 et seq. Of the Consumer Code, the guarantee for hidden defects provided for in articles 1641 and following. of the Civil Code, as well as, where applicable, of the commercial warranty and after-sales service respectively referred to in Articles L. 217-15 and L. 217-17 of the Consumer Code;
- the duration of the contract, when it is concluded for a fixed term or the conditions for its termination in the event of an open-ended contract.
Article 4 – Product information
The Products governed by these general conditions are those which appear on the Seller’s Site and which are indicated as sold and shipped. They are offered within the limits of available stocks. Each Product is accompanied by a description established by the Seller.
The Products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the responsibility of the Seller cannot be engaged. The photographs of the Products are not contractual.
Article 5 – Creation of the customer account
The creation of a “customer account” is an essential prerequisite for any order by the Buyer on the Site. To this end, the Purchaser will be invited to provide a certain number of personal information, such as his first and last name, his email address, his postal address and his telephone number, this list not being exhaustive.
As such, the Buyer agrees to provide accurate information. The Buyer is responsible for updating his data. He must therefore immediately notify the Seller in the event of a change.
The Buyer is solely responsible for the veracity, accuracy and relevance of the data provided. The Buyer is fully responsible for protecting the password they have chosen. This password guarantees the confidentiality of the information contained in the “my account” section, the Seller cannot be held responsible for unauthorized access to a Buyer’s account.
The customer account allows the Buyer to consult all of his orders placed on the Site. If the data contained in the “customer account” section were to disappear following a technical breakdown or a case of force majeure, the responsibility of the Seller could not be engaged, this information having no probative value but only informative. Each
Buyer is free to close their account on the Site. To this end, he must send an email to the Seller, specifying his wish to delete his account, at the following address: firstname.lastname@example.org.
The Seller reserves the exclusive right to delete the account of any Buyer who has contravened these general conditions of sale (in particular and without this example being of any exhaustive nature, when the Buyer has knowingly provided incorrect information, during of his registration and the constitution of his personal space).
Said deletion will not be likely to constitute damage for the Purchaser who cannot claim any compensation for this fact. This exclusion is not exclusive of the possibility for the Seller to take legal action against the Buyer, when the facts have justified it.
Article 6 – The order
The Buyer has the possibility of placing an order online, from the Site’s online catalog and using the form that appears there, for any Product, while stocks last.
The order process is as follows:
Connection to the customer area Add to cart of desired Products
Verification of information and correction of any entry errors
Acceptance of these general conditions of sale
Confirmation of the order
Choice of delivery method
Choice of payment method and validation of payment.
It is the Customer’s responsibility to ensure the accuracy of the information provided, for which he is solely responsible.
The Seller will communicate without delay to the Customer by electronic means, an order confirmation worth contract and confirming the express commitment of the parties.
If an ordered Product is unavailable, the Purchaser will be informed by email.
The sale will be considered final:
after sending the Buyer confirmation of acceptance of the order by the Seller by email; and after receipt by the Seller of the full price of the Products ordered.
The Seller cannot be held liable in the event of a computer “bug” occurring during the order, linked to the Buyer’s internet connection.
Any order implies acceptance of the prices and descriptions of the Products available for sale. Any dispute on this point will occur as part of a possible exchange and the guarantees mentioned below.
All the data provided and the confirmation recorded constitute proof of the transaction. The Seller will archive orders and confirmations of orders on a reliable and durable medium constituting a true copy, in accordance with the provisions of article 1348 of the Civil Code.
The Seller’s computerized registers will be considered by the Parties as proof of communications, orders, payments and transactions between the Parties.
In certain cases, in particular failure to pay, incorrect address, abnormally high order quantities or other problem on the Buyer’s account, the Seller reserves the right to refuse or block the Buyer’s order until the problem is resolved . For any question relating to the follow-up of an order, the Buyer can contact BRASSERIE 3 MONTS at the following address: email@example.com.
Article 7 – Price and method of payment
The Seller reserves the right to modify its prices at any time but undertakes to apply the current prices indicated at the time of the order, subject to availability on this date.
Prices are in euros. They do not take into account the delivery costs, invoiced in addition, and indicated before the validation of the order. The prices take into account the VAT applicable on the day of the order and any change in the applicable rate of VAT will be automatically reflected in the price of the Products in the online store. In general, if one or more taxes or contributions were to be created or modified, upwards or downwards, this change may be reflected in the selling price of the Products.
The order comes with payment obligation. The price is therefore payable in full and in a single payment upon order. At any time, the sums paid can not be considered as a deposit or deposits. The Buyer has, at his choice, all the payment methods made available to him by the Seller and listed on the Seller’s site, in particular bank card, bank transfer or Paypal. The service provider chosen for online payment is the Clic & Pay by Groupe Crédit du Nord service. It is sp
ecified that the Seller has signed a distance selling contract with its banking organization, Credit Du Nord. The bank transaction is secure and, in no way, the Seller does not keep banking information about the Buyer.
The Buyer guarantees the Seller that he has the necessary authorizations to use the payment method chosen by him, during the validation of the order form. The Seller reserves the right to suspend any order management and any delivery in the event of refusal of authorization to pay by credit card from officially accredited bodies or in the event of non-payment.
The Seller notably reserves the right to refuse to make a delivery or to honor an order from a Buyer who has not fully or partially settled a previous order or with whom a payment dispute is being administered .
Article 8 – Delivery terms
Except in cases of force majeure or during the periods of closure of the online store which will be clearly announced on the home page of the site https://www.3monts.fr, the delivery times will be, within the limit of stocks available, those indicated when confirming the order.
Shipping times run from the date of registration of the order indicated on the order confirmation email. Delivery times cannot exceed thirty (30) days from confirmation of the order.
The Products will be dispatched, at the choice of the Delivery Service Provider, by Chronopost or by an independent carrier. The Products are delivered to the address indicated by the Buyer on the order form, the Buyer must ensure its accuracy. Any package returned due to an incorrect or incomplete delivery address will be redirected at the Buyer’s expense.
The Buyer can, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
If at the time of delivery, the original packaging is damaged, torn or opened, the Buyer must then check the condition of the Products. If they have been damaged, the Purchaser must imperatively refuse the package and any anomaly must imperatively be indicated by the Purchaser on the delivery slip, in the form of handwritten reservations, accompanied by the Buyer’s signature.
The Buyer must then confirm these reservations accompanied by photos to the Seller by email to firstname.lastname@example.org at the latest within two (2) working days of receipt of the Product (s).
This verification is considered to have been carried out once the Buyer, or a person authorized by him, has signed the delivery slip. Any defect resulting from an awkwardness or a false maneuver by the Buyer cannot be attributed to the Seller. In the event of a contradiction between these general conditions and the general conditions of the Delivery service provider, concerning the specific provisions for the delivery of Products, the general conditions of the Delivery service provider will prevail.
Article 9 – Refund – Resolution
In the event of non-compliance with the agreed delivery date or deadline, except in cases of force majeure, the Buyer must, before terminating the contract, order the Seller to execute it within a reasonable additional time.
In the absence of performance by the end of this new period, the Purchaser may freely terminate the contract.
The Buyer must complete these successive formalities by registered letter with acknowledgment of receipt or in writing on another durable medium. The contract will be considered as canceled upon receipt by the Seller of the letter or written notice informing him of this termination, unless delivery has taken place prior to receipt of said letter.
The Buyer will then be reimbursed, at the latest within fourteen (14) days following the date of termination of the contract.
In case of unavailability of an ordered Product, the Purchaser will be informed as soon as possible and will have the possibility to cancel his order, in whole or in part.
The Buyer will then have the choice of requesting either a refund of the sums paid within thirty (30) days at the latest of their payment, or the exchange of the Product.
Article 10 – Transfer of ownership and transfer of risks
The Products sold remain the property of the Seller until full payment of their price, in accordance with this retention of title clause.
The transfer of risk will take place as soon as the Products leave the Seller’s warehouses when they are taken over by the Delivery Service Provider.
The Products travel at the Seller’s risk and peril, upon delivery to the Delivery Service Provider, even in the event of free delivery.
Delivery is entrusted to the Delivery Service Provider.
The Seller will indicate to the Delivery Service Provider the information necessary for the proper delivery of orders. In these conditions, the Seller will directly agree with the Delivery Provider regarding the compensation conditions in the event of failure to deliver the Products transported.
Article 11 – Legal guarantee of conformity and legal guarantee of hidden defects
BRASSERIE 3 MONTS is the guarantor of the conformity of the Products to the contract, allowing the Buyer to make a request under the legal guarantee of conformity provided for in articles L. 217-4 et seq. Of the Consumer Code or the guarantee of defects of the thing sold within the meaning of articles 1641 and following of the civil code.
In the event of implementation of the legal guarantee of conformity, it is recalled that:
The Buyer has two (2) years from the delivery of the Product to act;
The Buyer can choose between repairing or replacing the Product, subject to the cost conditions provided for in article L. 217-17 of the Consumer Code;
The Buyer must provide proof of the existence of the Product’s lack of conformity during the six (6) months following the delivery of the Product.
The Purchaser may decide to implement the guarantee against hidden defects in the thing sold within the meaning of article 1641 of the Civil Code. In this case, he can choose between canceling the sale or reducing the price in accordance with article 1644 of the Civil Code.
The Products supplied by the Seller on this Site benefit, in addition to the legal guarantee which is, if applicable, still applicable to them, from an additional commercial guarantee, under the following conditions:
If a package arrives damaged, the Buyer must refuse delivery, indicating the reasons for refusal on the delivery slip.
If a package arrives in good condition but the products it contains are damaged, the Buyer must within seven (7) working days from the date of delivery of his order inform the Seller by email to email@example.com
- by mentioning the order number
- describing the type of deterioration encountered
- by attaching to their message a photo of broken / damaged products,
These conditions met, the Seller will replace the products at no additional cost to the Buyer
Article 12 – Right of withdrawal
In accordance with the provisions of the Consumer Code, the Buyer has a period of fourteen (14) working days from the date of delivery of his order, to return any non-perishable Product that does not suit him and request an exchange or reimbursement without penalty, with the exception of return costs which remain the responsibility of the Purchaser.
The Products must be returned to the Seller.
The full contact details of the Delivery Service Provider are as follows:
CHRONOPOST – 3 Boulevard Romain Rolland 75014 PARIS
Telephone: +33 (0) 1 83 11 60 00 – Email: firstname.lastname@example.org
The Products must be returned in perfect condition and in their original condition (packaging, accessories, etc.). If necessary, they must be accompanied by all their accessories and the purchase invoice. Damaged, soiled or incomplete Products are not taken back.
The Products must be returned within fifteen (15) days of notification to the Seller of the Buyer’s decision to withdraw.
The right of withdrawal can be exercised by sending the withdrawal form in Annex 2 by registered letter with acknowledgment of receipt or by email to the following address: email@example.com.
In the latter case, an acknowledgment of receipt on a durable medium will be immediately communicated to the Buyer. Any other mode of declaration of withdrawal is accepted. It must be unambiguous and express the will to retract.
In case of exercise of the right of withdrawal within the aforementioned period, the price of the Product (s) purchased (s) as well as the delivery costs will be reimbursed.
Return costs are the responsibility of the Buyer.
The Customer is recommended to make the return by a solution allowing tracking of the package. Otherwise, if the returned package does not reach the delivery service provider, it will not be possible to launch an investigation with the postal services to ask them to locate the package.
Reimbursement will be made within fourteen (14) days of receipt of the Product, using the same means of payment as that chosen by the Purchaser for the initial transaction, unless expressly agreed by the Purchaser so that the Seller uses another method of payment and insofar as the reimbursement does not incur any costs for the Buyer.
The Seller also reserves the right to postpone the reimbursement until receipt of the Product or as long as the Buyer has not demonstrated that he made the shipment of the Product, if such a demonstration has not taken place previously.
In the event of depreciation of the Products resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the Product (s), the Customer may be held liable.
Article 13 – Force majeure
Any circumstances beyond the control of the parties preventing the execution under normal conditions of their obligations are considered as grounds for exemption from the obligations of the parties and result in their suspension.
The party invoking the above circumstances must immediately notify the other party of their occurrence and their disappearance.
Will be considered as force majeure all irresistible facts or circumstances, external to the parties, unpredictable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all efforts reasonably possible. Expressly, force majeure or fortuitous cases are considered, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, stopping of telecommunications networks or difficulties specific to telecommunications networks external to customers.
The parties will come together to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the case of force majeure lasts more than three months, these general conditions may be terminated by the injured party.
Article 14 – Intellectual property
The content of the Site (technical documents, drawings, photographs, etc.) remains the property of the Seller, the sole holder of the intellectual property rights over its content.
The Buyer agrees to make no use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.
Article 15 – Data processing and Liberties
The personal data provided by the Buyer are necessary for the processing of his order and the establishment of invoices. They can be communicated to the Vendor’s partners responsible for the execution, processing, management and payment of orders. The processing of information communicated through the https://www.3monts.fr site has been declared to the CNIL.
The buyer has a right of permanent access, modification, rectification and opposition with regard to information concerning him. This right can be exercised by sending an email to the following address: firstname.lastname@example.org.
All additional information can be found in the “Personal data” section of the Site’s legal notice.
Article 16 – Partial non-validation
If one or more stipulations of these general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will remain in full force and their scope.
Article 17 – Non-waiver
The fact for one of the parties not to claim a breach by the other party to any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation in question.
Article 18 – Title
In case of difficulty of interpretation between any of the titles appearing at the head of the clauses and any of the clauses, the titles will be declared non-existent.
Article 19 – Language of the contract
These general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.
Article 20 – Mediation
The Buyer may use conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or with any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.
Article 21 – Applicable law
These general conditions are subject to the application of French law. In the event of a dispute or complaint, the Buyer will first contact the seller to obtain an amicable solution. In the absence of an amicable solution, the competent court will be that of the place of delivery of the Products.
Provisions relating to legal guarantees
Article L217-4 of the consumer code
The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter has been charged to him by the contract or has been carried out under his responsibility.
Article L217-5 of the consumer code
The goods comply with the contract:
1 ° If it is suitable for the use usually expected of a similar good and, if applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the knowledge of the seller and which the latter has accepted.
Article L217-12 of the consumer code
The action resulting from the lack of conformity lapses two years after delivery of the goods.
Article L217-16 of the consumer code
When the buyer requests from the seller, during the course of the commercial guarantee granted to him during the acquisition or repair of movable property, a repair covered by the guarantee, any period of immobilization of ‘at least seven days is added to the duration of the warranty which remained to run.
This period runs from the request for intervention by the buyer or the provision for repair of the goods in question, if this provision is subsequent to the request for intervention.
Article 1641 of the civil code
The seller is bound by the guarantee for hidden defects in the thing sold which makes it unfit for the use for which it is intended, or which reduces such use so much that the buyer would not have acquired it, or would have given a lower price, if he had known them.
Article 1648 of the civil code
The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect.
In the case provided for by article 1642-1, the action must be brought, on pain of foreclosure, in the year following the date on which the seller can be discharged from apparent defects or non-conformities.