General terms and conditions of sale

The online store at www.cicadagin.com was set up by Distillerie de Toulon, the company operating the website www.cicadagin.com. Any order for a product listed in the online store at www.cicadagin.com requires prior consultation of these general terms and conditions. Consequently, the consumer acknowledges that they are fully aware that their agreement to the content of these general terms and conditions does not require a handwritten signature on this document, provided that the customer wishes to order the products presented in the website store online.

The consumer has the option to save or edit these general terms and conditions; it is understood that both saving and editing this document are their sole responsibility. Prior to placing an order, the consumer declares that the purchase of these products is not directly related to their professional activity and is intended for their personal use only.

As a consumer, the customer therefore has specific rights, which would be affected if the products or services purchased through the website were actually related to their professional activity.

Article 1: Entirety

These general terms and conditions express the entirety of the parties’ obligations. In this sense, the consumer is deemed to accept without reservation all the provisions set out in these general terms and conditions. No general or specific conditions contained in the documents sent or submitted by the consumer may be incorporated into these general terms and conditions, if these documents are incompatible with these general terms and conditions.

Article 2: Purpose

The purpose of these general terms and conditions is to define the rights and obligations of the parties in connection with the online sale of goods and services offered by the Distillerie de Toulon on the website www.cicadagin.com to consumers.

Article 3: Protection of Minors

In accordance with Article L. 3342-1 of the French Public Health Code, which stipulates that the sale of alcohol to minors under the age of eighteen (18) is prohibited, the buyer undertakes, by completing the order form, to be eighteen years of age or older on the date of the order.

Article 4: Contractual Documents

This contract is comprised of the following contractual documents, presented in descending hierarchical order: these general terms and conditions; the order form. In the event of a contradiction between the provisions contained in documents of different ranks, the provisions of the higher-ranking document shall prevail.

Article 5: Entry into Force – Duration

These general terms and conditions enter into force on the date the order form is signed. These general terms and conditions are entered into for the duration necessary to provide the goods and services subscribed to, until the expiry of the guarantees owed by the Distillerie de Toulon.

Article 6: Electronic Signature

The consumer’s double-click on the order form constitutes an electronic signature which, between the parties, has the same value as a handwritten signature.

Article 7: Order Confirmation

Contractual information will be confirmed by email at the latest upon delivery or, failing that, to the address indicated by the consumer on the order form.

Article 8: Proof of Transaction

The computerized records, stored in the Distillerie de Toulon computer systems under reasonable security conditions, will be considered as proof of communications, orders, and payments between the parties. Order forms and invoices are archived on a reliable and durable medium that can be produced as evidence.

Article 9: Product Information

9-a: Distillerie de Toulon presents the products for sale on its website www.cicadagin.com with the necessary characteristics to comply with Article L 111-1 of the French Consumer Code, which provides the potential consumer with the opportunity to know the essential characteristics of the products they wish to purchase before placing a final order.

9-b: Offers presented by Distillerie de Toulon are only valid while stocks last.

Article 10: Prices

La Distillerie de Toulon reserves the right to modify its prices at any time but undertakes to apply the current rates indicated to you at the time of your order, subject to availability at that date.

Prices are indicated in euros. They do not include delivery costs, which are charged as an additional fee and indicated before the order is confirmed. Prices include the VAT applicable on the date of the order, and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store. Payment in full must be made at the time of ordering. At no time may the amounts paid be considered a deposit or down payment.

In the case of orders to a country other than mainland France, the buyer is the importer of the product(s) concerned. For all products shipped outside the European Union and the French Overseas Territories, the price will be calculated excluding tax on the invoice. Customs duties or other local taxes may be payable. These duties and amounts are not the responsibility of Distillerie de Toulon. They will be the buyer’s responsibility, both in terms of declarations and payment to the relevant authorities and/or organizations in their country. We advise you to inquire about these matters with your local authorities.

Article 11: Payment Method

To pay for their order, the consumer may choose from all the payment methods listed on the order form. The consumer guarantees Distillerie de Toulon that they have any necessary authorizations to use the payment method chosen by them when confirming the order form. Distillerie de Toulon reserves the right to suspend any order processing and delivery in the event of refusal of credit card payment authorization by officially accredited organizations or in the event of non-payment. Distillerie de Toulon reserves the right to refuse to make a delivery or honor an order from a customer who has not fully or partially paid for a previous order, or with whom a payment dispute is currently being resolved. Distillerie de Toulon has implemented an order verification procedure to ensure that no one uses another person’s bank details without their knowledge.

As part of this verification, the customer may be asked to fax Distillerie de Toulon a copy of an identity document and proof of address. The order will only be validated after receipt and verification by our services.

In the case of payment by check issued from a non-French bank or a bank not located in France, any resulting bank fees will be the buyer’s responsibility.

Article 12: Product Availability

Except in cases of force majeure or during periods when the online store is closed, which will be clearly announced on the homepage of www.cicadagin.com, shipping times will be as indicated below, subject to availability. Shipping times begin on the order confirmation date.

France: Metropolitan France = 3 business days from the day following the day the customer placed their order.

In the event of a delay, Distillerie de Toulon cannot be held liable for any reason whatsoever. Consequently, the customer may not claim compensation of any kind from Distillerie de Toulon.

In the event of unavailability of the ordered product, the customer will be informed as soon as possible and will have the option to cancel their order. The consumer will then have the choice of requesting either a refund of the sums paid within 30 days at the latest of their payment, or an exchange of the product.

Article 13: Delivery Terms

Products ordered are delivered by Colissimo Suivi 48H or by an independent carrier, depending on the size and weight of the products ordered and at the exclusive initiative of the Distillerie de Toulon.

No deliveries are made to campsites, hotels, poste restante (post office), or PO boxes. Products are delivered to the address indicated by the user on the order form; the user must ensure its accuracy. Any package returned to the sender due to an incorrect or incomplete delivery address will be reshipped at the user’s expense. The consumer may, upon request, have an invoice sent to the billing address rather than the delivery address by validating the option provided for this purpose on the order form.

To minimize shipping costs, small and medium-sized products are shipped primarily by Colissimo Suivi. In addition to being economical, this service delivers within 48 hours throughout mainland France and offers you the possibility of collecting the products ordered at your post office near the delivery address in case you are not at the initial delivery location when the postman arrives. In concrete terms, if you are absent on the day of delivery, your postman will leave you a calling card in your mailbox, which will allow you to collect your package at your post office during opening hours, within 15 days. Colissimo Suivi is a very reliable service. However, as with any shipment, there may be a delay in delivery or the product may go astray. In the event of a delivery delay compared to the date we indicated in the dispatch email, we ask you to notify us of this delay by calling us by phone or sending us an email. We will then contact the Post Office to start an investigation. A Post Office investigation can last up to 21 days from the start date of the investigation. If the product is found during this period, it will be immediately re-delivered to your home (in most cases). If, however, the product is not found after the 21-day investigation period, La Poste will consider the package lost. Only then can we send you a replacement product, at our expense. If the product(s) ordered are no longer available at that time, we will refund the amount of the products affected by the carrier’s loss. We decline all responsibility for extended delivery times caused by the carrier, particularly in the event of product loss or strike action.

For shipments of greater size and/or weight, we may use other carriers, the choice being made at our discretion, with the aim of achieving a service that combines economical shipping costs with good delivery times and security.

Article 14: Delivery Problems Due to the Carrier

You must indicate on the delivery slip, in the form of handwritten reservations accompanied by your signature, any delivery anomalies (damage, missing product compared to the delivery slip, damaged package, broken products, etc.). This verification is considered complete once the buyer, or a person authorized by them, has signed the delivery slip.

You must also confirm these reservations to the carrier by registered letter no later than two business days following receipt of the item(s) and send a copy of this letter by fax or regular mail to:

Distillerie de Toulon – 4 place Gambetta – 83000 Toulon – Email: contact@cicadagin.com

If the products need to be returned to us, a return request must be submitted to our customer service department within 7 days of delivery. Any complaints made outside this timeframe will not be accepted. Product returns will only be accepted for products in their original condition (packaging, accessories, instructions, etc.). If the original packaging is damaged, torn, or open upon delivery, you must check the condition of the items. If they are damaged, you must refuse the package and note a reservation on the delivery slip (package refused because open or damaged).

Article 15: Delivery Errors

15-a: The consumer must submit any claim regarding delivery errors and/or non-conformity of the products in nature or quality with the information on the order form to Distillerie de Toulon on the same day of delivery or no later than the first business day following delivery. Any claim submitted after this deadline will be rejected.

15-b: This claim may be submitted to Distillerie de Toulon:

– Primarily by telephone at 06 61 84 11 86, Monday to Friday.

– By sending us an email, having clearly specified the order reference (number and date).

15-c: Any claim not submitted in accordance with the rules defined above and within the specified timeframe will not be considered and will release Distillerie de Toulon from any liability towards the consumer. 15-d: Upon receipt of the complaint, Distillerie de Toulon will assign an exchange number for the product(s) in question and communicate it to the consumer by email, fax, or telephone. A product exchange can only take place after the consumer has been assigned an exchange number using the process described above.

15-e: In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to Distillerie de Toulon in its entirety and in its original packaging, by registered Colissimo, to the following address:

Distillerie de Toulon – 4 Place Gambetta – 83000 Toulon

To be accepted, any return must first be reported to Distillerie de Toulon Customer Service.

Shipping costs are covered by Distillerie de Toulon, except in cases where it appears that the returned product does not correspond to the original declaration made by the consumer on the return slip.

Article 16: Product Warranty

In accordance with Article 4 of Decree No. 78-464 of March 24, 1978, the provisions herein do not deprive the consumer of the legal warranty that obliges the professional seller to guarantee them against all consequences of hidden defects in the item sold. The consumer is expressly informed that Distillerie de Toulon is not the producer of all the products presented on the website, within the meaning of Law No. 98-389 of May 19, 1998, relating to liability for defective products.

Article 17: Article 7: Right of Withdrawal

In accordance with Article L.121-16 of the French Consumer Code, the consumer has 7 working days from the delivery date of their order to return any item that does not suit them and request an exchange or refund without penalty, except for return shipping costs.

Only products returned in their entirety, in their original packaging, complete and intact, and in perfect resalable condition will be accepted. Any product that has been damaged, or whose original packaging has been damaged, will not be refunded or exchanged.

Return Procedure:

You have 7 days from receipt to notify our customer service team by email (contact@cicadagin.com) or post of your wish to return the product.

– Return shipping costs in the event of withdrawal will be at your expense. – Return shipping costs for products declared non-compliant with the order or defective upon delivery will be covered by Distillerie de Toulon, based on the original shipping method. All returns must be reported in advance to Distillerie de Toulon’s Customer Service Department by email or post.

Products must be returned in their entirety, in their original packaging, intact, and in perfect resalable condition, via registered Colissimo to:

Distillerie de Toulon – 4 Place Gambetta – 83000 Toulon

This right of withdrawal is exercised without penalty, with the understanding that return shipping costs are the responsibility of the consumer. Should the right of withdrawal be exercised, the consumer may choose to request either a refund of the amounts paid or an exchange of the product. In the case of an exchange, reshipment will be at the consumer’s expense. If the right of withdrawal is exercised, Distillerie de Toulon will make every effort to reimburse the consumer within 15 days.

The consumer will then be reimbursed by crediting their bank account (secure transaction) in the case of payment by credit card, or by check in other cases.

Article 18: Force Majeure

Neither party shall have failed in its contractual obligations to the extent that their performance is delayed, hindered, or prevented by an act of God or force majeure. An act of God or force majeure shall be considered to be any irresistible, unforeseeable, unavoidable, independent of the parties’ will, and which cannot be prevented by the latter, despite all reasonably possible efforts. The party affected by such circumstances shall notify the other within ten business days of becoming aware of them. The two parties shall then meet within one month, unless this is impossible due to force majeure, to examine the impact of the event and agree on the conditions under which performance of the contract will continue. If the force majeure event lasts for more than three months, these general terms and conditions may be terminated by the injured party. The following are expressly considered to be cases of force majeure or unforeseeable circumstances, in addition to those usually recognized by the case law of French courts and tribunals: blockages of means of transportation or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunications networks, or difficulties specific to telecommunications networks external to the customer.

Article 19: Transfer of Ownership – Transfer of Risks

Distillerie de Toulon expressly reserves ownership of the delivered products until full payment of their price, including principal and interest, regardless of the delivery date of said products. The mere delivery of a payment voucher does not constitute payment. The above provisions do not prevent the transfer to the customer of the risks of loss or damage, which is effective upon delivery of the products to the carrier. In the absence of full payment, Distillerie de Toulon shall be entitled to demand the return of the delivered equipment. Any costs incurred for this return shall be borne by the customer.

Article 20: Partial Invalidity

If one or more provisions of these general terms and conditions are held to be invalid or declared as such pursuant to a law, regulation, or following a final decision of a competent court, the other provisions shall retain their full force and effect.

Article 21: Non-Waiver

The failure of either party to assert a breach by the other party of any of the obligations set out in these general terms and conditions shall not be construed in the future as a waiver of the obligation in question.

Article 22: Heading

In the event of a difficulty in interpreting any of the headings appearing at the beginning of the clauses and any of the clauses, the headings shall be declared ineffective.

Article 23: Applicable Law

These general terms and conditions are subject to the application of French law, excluding the provisions of the Vienna Convention. This applies to both substantive and procedural rules. In the event of a dispute or complaint, the consumer should first contact Distillerie de Toulon to seek an amicable solution. Subsequently, and in the event of an appeal, the consumer may file a complaint with Distillerie de Toulon via its dedicated dialog box.

For sales to individuals, in the absence of an amicable agreement between the parties, the directives and regulations of the European Union, in particular the Brussels Convention, will apply.

Article 24: Data Protection

The information requested from the consumer is necessary to process their order and may be communicated to Distillerie de Toulon’s contractual partners involved in the execution of this order. Consumers may write to Distillerie de Toulon, whose contact details are provided in the privacy policy on the website, to object to such disclosure or to exercise their rights of access and rectification with respect to information concerning them contained in Distillerie de Toulon’s files, under the conditions provided for by the law of January 6, 1978.

Article 25: Intellectual Property

All elements of the website www.cicadagin.com, whether visual or audio, including the underlying technology, are protected by copyright, trademarks, or patents. They are the exclusive property of Distillerie de Toulon or the legal or natural persons holding their rights, and may not be reproduced in any form whatsoever without the express written permission of Distillerie de Toulon.

Article 26: Company Contact Information

Distillerie de Toulon – 4, place Gambetta – 83000 Toulon

Tel: (33) 06 61 84 11 86

Email: contact@cicadagin.com

SIRET: 882 005 507 00018

VAT: FR 93882005507

R.C.S.: 882 005 507 Toulon