General conditions of sale and use
The general conditions of sale of the online sales site https://www.rhum-and-sens.com/
Terms of Use
General conditions of sale are established between the Seller: The DomTom Company, owner of the Rhum&Sen brand, siren: 807 703 426, 47 rue Marcel Dassault 92514 Boulogne-Billancourt, VAT not applicable, art. 293B CGI, 0750402418, domtomcompany1@gmail.com, CCI of Nanterre, commercial activity
And the Buyer: an individual
Purpose
Any order implies acceptance by the buyer and his adherence to these general conditions of sale which prevail over all terms and conditions of purchase.
The characteristics of the products sold
Rum raspberry pineapple passion: alcoholic drink, titrated at 40% vol., based on rum, orange peel and spices. Bottle packaged in a volume of 20 cl, 50 cl, 70 cl.
Rum mango pineapple passion: alcoholic drink, arranged rum, titrated at 40%, based on rum, fresh fruit, spices. Bottle packaged in a volume of 20 cl, 50 cl, 70 cl.
Rum mango orange passion: alcoholic drink, arranged rum, titrated at 40%, based on rum, fresh fruit, spices. Bottle packaged in a volume of 20 cl, 50 cl, 70 cl.
Lime rum (sour lime): alcoholic drink, arranged rum, titrated at 40%, made from rum, fresh fruit, spices. Bottle packaged in a volume of 20 cl, 50 cl, 70 cl.
The period of validity of the offer
The validity of the offer begins according to the terms chosen by the company.
The actual conditions of sale
Our prices do not constitute an offer.
the terms of placing the order are made only online through the prestashop platform.
the registration of the order is done through the rhum-and-sens.com site under the aegis of our order conditions. and the reasons that may invalidate it.
Orders are valid only after our acceptance. They imply adherence to our general and special conditions of sale and other provisions of our various tariffs.
Buyers can preview their order, in the form of a summary, acronym or basket logo at the top right of the rhum-and-sens.com page. They will be able to know the total price, delivery costs included and modify their basket or their delivery address at any time.
The responses resulting from the price request are given for information only and without commitment on our part. The same applies to information provided directly or by advertising on our products.
Price reductions
Apart from the discount offers put in place by the website, DomTom Company reserves the right, for the time being, not to consent to any price reductions to buyers, in any form or nature whatsoever, i.e. i.e. discounts, rebates and rebates.
The deadline for delivery
The delivery dates set in the order acknowledgments are only indicative. Our customers cannot claim compensation, penalties or cancel their order due to delay. All orders specified “to be delivered as and when required by customers” are always understood to be deliverable, unless another deadline is set, within a maximum period of 3 months from the date of manufacture. . After the agreed period, the goods produced may be invoiced by us: in this case, on the one hand, we decline all responsibility for not being invoked as constituting a tacit extension of the delivery period. In addition, we reserve the right to automatically terminate the order concerned.
If the buyer is an individual, the indication of a delivery deadline is not mandatory as long as the amount of the sale does not exceed €500 including tax.
The withdrawal period
According to art L.121-20 of the Consumer Code, the buyer has a period of 14 days to exercise their right of withdrawal without having to justify reasons or pay penalties , with the exception, where applicable, of return costs.
The 14-day period runs from receipt for goods or acceptance of the offer for services. DomTom Company will then refund without delay all the sums paid by said purchaser and at the latest within 14 days following the date on which this right was exercised.
Terms of payment
The goods are invoiced at the price in force on the day of delivery. Our invoices are payable at our head office within 30 days of the invoice date, except for special provisions agreed by mutual agreement, without any deduction or compensation of any kind by the customer (Article L 443-1 of the Commercial Code.) . The payment date corresponding to this period or possibly to a different period fixed by mutual agreement is mentioned on the invoice. Any payment made after the payment date indicated on the invoice will automatically give rise to upon application of a lump sum compensation for recovery costs of €40 for each invoice paid late as well as a late payment penalty calculated on the basis of 3 times the legal interest rate in force in France on the date of payment appearing on the invoice (art L441-6 of the commercial code). This penalty will be applied from the day following the payment date appearing on the invoice until full payment.
Retention of title clause
It is expressly agreed that we retain ownership of the goods until full payment of their price in principal and interest, delivery of draft or any other title creating an obligation to pay that does not constitute payment for delivery. However, upon removal of said goods from our depots, the customer will become responsible for them. The buyer therefore undertakes to take out an insurance contract guaranteeing the risks of loss, destruction or theft of the goods sold. In the event of non-payment or partial payment on the due dates, DomTom Company shall have the right, without prejudice to the exercise of any other right in particular conferred herein, to demand by registered letter with acknowledgment of receipt or letter delivered against discharge, the immediate return of the goods at the expense and risk of the customer. DomTomCompany may unilaterally and immediately draw up an inventory of the unpaid goods held by the customer. In case of disagreement on the principle and the sodality of return of the goods, the customer will have to bear all the costs of the proceedings and their consequences, without prejudice to any other damages.
Warranty limitations
In the event of defective goods, we are only required to replace these goods, to the exclusion of any other warranty. To be considered, complaints must be sent to us within eight days of the date of delivery (or bill of lading for maritime exports). The colors may vary depending on the composition of the materials used. We do not guarantee the absolute conformity of these colors with samples or previous orders. As our goods are only guaranteed for a single marketing cycle, we decline all responsibility for any incident resulting from repeated marketing.
The jurisdiction clause
If the buyers are also merchants and contract with DomTom Company, for the purposes of their business, DomTom Company will designate in advance the exclusive jurisdiction of the Commercial Court of Nanterre in the event of a dispute.
Force majeure
Any unforeseeable, irresistible event is not attributable to DomTom Company and in principle releases the seller from its obligations without the buyer being able to claim compensation.
All facts beyond our control, such as accidents occurring to machines, partial or total staff strikes, riots, state of war, fires, stoppages in means of transport, accidents, supply difficulties, automatically suspend the execution of orders.
If delivery has not taken place between the dispatch and receipt of this letter, the contract is considered broken. DomTom Company must then reimburse all sums paid by the buyer (shipping costs included) as soon as possible, and at the latest within 14 days.
Beyond that, DomTom Company will pay interest on the amount due. The amount reimbursed is automatically increased by 10% if the reimbursement occurs no later than 44 days following the cancellation of the contract, by 20% between 45 and 60 days and by 50% if the reimbursement occurs after that.
The buyer may terminate the contract immediately when DomTom Company refuses to deliver the goods or to provide the service or when it does not perform its obligation to deliver the goods or to provide the service on the date or at the end of the period foreseen and that this date or this period constitutes for the consumer an essential condition of the contract (purchase for Christmas or for a birthday, for example).
In this case, the buyer is entitled to terminate the contract immediately, by registered letter with AR or by simple writing on any other durable medium (e-mail for example).
In case of unavailability of the product
If the goods ordered are unavailable, DomTom Company will inform the buyer. This must be able to be reimbursed without delay and, at the latest within 30 days of payment of the sums it has paid, otherwise DomTom Company will owe interest on the price paid. However, DomTom Company reserves the right to provide, instead of reimbursement, a good or service of equivalent quality and price. The buyer must be informed. In the event of withdrawal by the buyer on the replacement product, the return costs are borne by DomTom Company and will inform the buyer.
Jurisdiction
Any dispute arising from the interpretation or execution of our agreements will fall under the exclusive jurisdiction of the Commercial Court of Nanterre, even in the event of a contrary stipulation on the letters or invoices of our buyers, as well as in the event of guarantee call or multiple defendants. In all cases, only French law will be applicable.