General terms and conditions of sale
The online shop of the www.cicadagin.com website has been set up by the Celtic Whisky Company, which is the operator of the www.cicadagin.com website. Any order taken for a product appearing in the online shop of the website www.cicadagin.com implies prior consultation of these general conditions. Consequently, the consumer acknowledges being fully informed of the fact that his agreement concerning the content of these general terms and conditions does not require the handwritten signature of this document, insofar as the customer wishes to order online the products presented within the framework of the website shop.
The consumer has the option to save or edit these general conditions, it being specified that both saving and editing of this document are the sole responsibility of the consumer. The consumer, prior to his order, declares that the acquisition of these products is not directly related to his professional activity, their acquisition being reserved for personal use on his part.
As a consumer, the customer therefore has specific rights, which would be called into question in the event that the products or services acquired within the framework of the website would actually have a connection with his professional activity.
Article 1: Entirety
The present general conditions express the entirety of the obligations of the parties. In this sense, the consumer is deemed to accept without reservation the entirety of the provisions set out in these terms and conditions. No general or specific condition appearing in the documents sent or handed over by the consumer can be integrated into the present, since these documents would be incompatible with these general conditions.
Article 2: Purpose
The purpose of these general conditions is to define the rights and obligations of the parties within the framework of the online sale of goods and services offered by Celtic whisky Company on the website cicadagin.com to the consumer.
Article 3 : Protection of minors
In accordance with Article L. 3342-1 of the Public Health Code, which stipulates that the sale of alcohol to minors under eighteen (18) years of age is prohibited, the buyer undertakes, by filling out the order form, to be eighteen (18) years of age at the date of the order.
Article 4: Contractual documents
The present contract is formed by the following contractual documents, presented in descending order of importance: the present general terms and conditions; the order form. In the event of contradiction between the provisions contained in the documents of different rank, the provisions of the document of higher rank will prevail.
Article 5: Entry into force - duration
The present general conditions come into force on the date of signature of the order form. The present general terms and conditions are concluded for the duration necessary for the supply of the goods and services subscribed to, until the expiry of the guarantees due by Celtic Whisky Company.
Article 6: Electronic signature
The "double click" of the consumer on the order form constitutes an electronic signature which has, between the parties, the same value as a handwritten signature.
Article 7: Confirmation of order
The contractual information will be confirmed by e-mail at the latest at the time of delivery or, failing that, at the address indicated by the consumer on the order form.
Article 8: Proof of the transaction
The computerized registers, kept in the computer systems of Celtic Whisky Company under reasonable conditions of security, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable support that can be produced as proof.
Article 9: Product information
9-a: The company Celtic Whisky Company presents on its website cicadagin.com the products for sale with the necessary characteristics to comply with Article L 111-1 of the Consumer Code, which provides for the possibility for the potential consumer to know before taking a final order the essential characteristics of the products he wishes to buy.
9-b: The offers presented by the company Celtic Whisky Company are valid only within the limit of available stocks.
Article 10: Price
Celtic Whisky Company reserves the right to modify its prices at any time but undertakes to apply the current prices indicated to you at the time of your order, subject to availability at that date.
Prices are indicated in euros. They do not take into account delivery charges, charged in addition, and indicated before the validation of the order. Prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will automatically be reflected in the price of the products in the online shop. Payment of the totality of the price must be made at the time of the order. At no time can the sums paid be considered as a deposit or advance payment.
In the event of an order to a country other than metropolitan France, the buyer is the importer of the product(s) concerned. For all products shipped outside the European Union and Dom-Tom, the price will be calculated net of tax on the invoice. Customs duties or other local taxes may be payable. These duties and sums are not under the responsibility of Celtic Whisky Company. They will be charged to the buyer and are his responsibility both in terms of declaration and payment to the authorities and / or competent bodies of his country. We advise you to inquire about these aspects with the local authorities.
Article 11: Method of payment
To pay for his order, the consumer has, at his choice, all the payment methods listed in the order form. The consumer guarantees the company Celtic Whisky Company that he has the necessary authorizations to use the method of payment chosen by him, when validating the order form. The company Celtic Whisky Company reserves the right to suspend any order management and any delivery in case of refusal of authorization of payment by credit card by the officially accredited organizations or in case of non payment. Celtic Whisky Company reserves the right to refuse to make a delivery or to honour an order from a consumer who has not fully or partially paid for a previous order or with whom a payment dispute is being administered. The company Celtic Whisky Company has set up a procedure for checking orders to ensure that no one uses the bank details of another person without their knowledge.
As part of this verification, the customer may be asked to fax a copy of an identity document and proof of address to Celtic Whisky Company. The order will then be validated only after reception and verification by our services of the documents sent.
In the case of a payment by cheque issued from a non-French bank or a bank not located in France, any resulting bank charges will be at the expense of the buyer.
Article 12 : Availability of products
Except in cases of force majeure or during periods of closure of the online shop, which will be clearly announced on the home page of the www.cicadagin.com website, shipping times will be, within the limits of available stocks, those indicated below. Shipping times run from the date of registration of the order.
France: Metropolitan France = 3 working days from the day following the day the consumer placed his order.
In the event of delay, the responsibility for Celtic whisky Company could not be committed and this, for some cause that it is. Consequently, no claim for compensation of any kind whatsoever can be made by the customer to Celtic Whisky Company.
In case of unavailability of the ordered product, the consumer will be informed as soon as possible and will have the possibility to cancel his order. The consumer will then have the choice to request either the refund of the sums paid within 30 days at the latest of their payment, or the exchange of the product.
Article 13: Terms of delivery
The 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 Celtic Whisky Company.
No delivery is made to campsites, hotels, post offices and post boxes. The products are delivered to the address indicated by the user on the order form, the user will have to ensure its accuracy. Any package returned to the sender because of an incorrect or incomplete delivery address will be reshipped at the user's expense. The consumer 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.
In order to reduce transport costs as much as possible, products of small or medium size are shipped mainly by Colissimo Suivi. In addition to being economical, this service delivers within 48 hours throughout metropolitan France and offers you the possibility of recovering the products ordered at your post office near the delivery address in case of absence of the initial delivery address when the postman presents the products. Concretely, if you are absent on the day of delivery, your postman will leave a notice 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 case of late delivery compared to the date we have indicated in the shipping email, we ask you to notify us of this delay by calling us by phone or by sending us an email. We will then contact the Post Office to start an investigation. A Postal investigation can last up to 21 days from the date of the beginning of the investigation. If during this period, the product is found, it will be re-routed immediately to your home (in most cases). If on the other hand the product is not found at the end of the 21 days of investigation, the Post Office considers the package as lost. It is only then that we can send you a replacement product, at our expense. If the product(s) ordered were no longer available at that time, we would reimburse you the amount of the products concerned by the loss of the carrier. We disclaim any responsibility for the extension of delivery times due to the carrier, especially in case of loss of products or strike.
For shipments of greater bulk and/or weight, we may use other carriers, the choice being made at our discretion, with the aim of obtaining a service combining an economical shipping cost with good conditions of time and safety.
Article 14: Delivery problems due to the carrier
You must indicate on the delivery note and in the form of handwritten reserves accompanied by your signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products ...). This verification is considered to be carried out as soon as the buyer, or a person authorized by him, has signed the delivery note.
You must also confirm these reservations to the carrier by registered mail within two working days of receipt of the item(s) and send a copy of this letter by fax or regular mail to :
Celtic Whisky Company - 3 Crech ar Fur - 22610 Pleubian - Email : email@example.com
If the products need to be returned to us, they must be requested from our customer service department within 7 days of delivery. Any claim made after this period will not be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions ...).
If at the time of delivery, the original packaging is damaged, torn, opened, you must check the condition of the items. If they have been damaged, you must imperatively refuse the package and note a reservation on the delivery slip (package refused because open or damaged).
Article 15: Errors of delivery
15-a: The consumer will have to formulate to the company Celtic Whisky Company the same day of the delivery or at the latest the first working day following the delivery, any complaint of error of delivery and/or nonconformity of the products in kind or in quality compared to the indications appearing on the purchase order. Any claim made after this deadline will be rejected.
15-b: The formulation of this complaint to the company Celtic Whisky Company can be made:
- In priority by telephone at 02 96 16 58 08 from Monday to Friday.
- By sending us an email to have well specified the references of the order (N° and date).
15-c: Any complaint not made in the rules defined above and within the time limits could not be taken into account and will release the company Celtic Whisky Compagnie from any responsibility towards the consumer.
15-d: Upon receipt of the complaint, Celtic Whisky Compagnie will assign an exchange number for the product(s) concerned and will communicate it by e-mail, fax or telephone to the consumer. The exchange of a product can only take place after the attribution to the consumer of an exchange number according to the procedure presented above.
15-e: In case of error of delivery or exchange, any product to be exchanged or refunded must be returned to the company Celtic Whisky Company as a whole and in its original packaging, in Colissimo Recommandé, to the following address:
Celtic Whisky Company - 3 Crech ar Fur - 22610 Pleubian
In order to be accepted, any return must be notified in advance to Celtic Whisky Company's Customer Service Department.
The shipping costs are the responsibility of the company Celtic Whisky Company, except in the case where it would turn out that the returned product does not correspond to the declaration of origin made by the consumer in the return form.
Article 16: Product Warranty
In accordance with Article 4 of Decree No. 78-464 of 24 March 1978, the provisions hereof may not deprive the consumer of the legal guarantee which obliges the professional seller to guarantee him against all consequences of latent defects of the thing sold. The consumer is expressly informed that the company Celtic Whisky Company is not the producer of all the products presented on the website, within the meaning of Law No. 98-389 of 19 May 1998 and relating to liability for defective products.
Article 17: Article 7: Right of retraction
In accordance with Article L.121-16 of the Consumer Code, the consumer has a period of 7 working days from the date of delivery of his order to return any item that does not suit him and request an exchange or refund without penalty, except for the cost of return.
Only products returned as a whole, in their complete and intact original packaging, and in perfect condition for resale, 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 a period of 7 days from receipt to notify our customer service by e-mail (firstname.lastname@example.org) or post of your wish to return the product.
- The return costs in the case of a retraction will be at your expense.
- The return costs for a product declared not in conformity with the order or defective upon delivery will be borne by Celtic Whisky Company based on the original shipping method. All returns must be notified in advance to the Customer Service department of Celtic Whisky Company by email or post.
The products must be returned as a whole, in their original packaging, complete and intact, and in perfect condition for resale, by Colissimo Recommandé to :
Celtic Whisky Company - 3 Crech ar Fur - 22610 Pleubian
This right of withdrawal is exercised without penalty, it being understood that the costs of return are borne by the consumer. In the event of the exercise of the right of withdrawal, the consumer has the choice of requesting either a refund of the sums paid or an exchange of the product. In the case of an exchange, the re-shipment will be at the expense of the consumer.
In case of exercise of the right of withdrawal, the company Celtic Whisky Company will make every effort to reimburse the consumer within 15 days.
The consumer will then be refunded by crediting his bank account (secure transaction) in case of payment by credit card, or by check in other cases.
Article 18: Force majeure
Neither party will have failed in its contractual obligations, insofar as their execution is delayed, hindered or prevented by a fortuitous event or force majeure. Will be considered as a fortuitous event or force majeure all irresistible facts or circumstances, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. The party affected by such circumstances will notify the other within ten working days of the date on which it becomes aware of them. The two parties will then, within one month, unless impossible due to force majeure, meet to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the case of force majeure lasts longer than three months, the present general terms and conditions may be terminated by the injured party. In an express way, are considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the customers.
Article 19: Transfer of ownership - Transfer of risks
Celtic Whisky Company expressly reserves the ownership of the Products delivered until full payment of their price in principal and interest, regardless of the date of delivery of the said Products. The mere handing over of a payment voucher does not constitute payment. The above provisions do not prevent the transfer to the client of the risks of loss or deterioration, which is effective as soon as the Products are handed over to the carrier. In the absence of full payment, Celtic Whisky Company will be entitled to demand the return of the goods delivered. Any costs that may be incurred for this return will be at the expense of the customer.
Article 20: Partial non validation
If one or more stipulations of the present 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 retain all their force and scope.
Article 21 : Non renunciation
The fact for one of the parties not to take advantage of a breach by the other party to any of the obligations referred to in these general conditions can not be interpreted for the future as a waiver of the obligation in question.
Article 22: Title
In case of difficulty of interpretation between any of the headings at the beginning of the clauses and any of the clauses, the headings will be declared non-existent.
Article 23: Applicable law
These general conditions are subject to the application of French law, excluding the provisions of the Vienna Convention. This is the case for the rules of substance as well as for the rules of form. In case of dispute or claim, the consumer will apply in priority to the company Celtic Whisky Company to obtain an amicable solution. In a second step and in case of recourse, the consumer will be able to file a complaint with Celtic Whisky Company, via its dedicated dialog box.
In the case of sales to private individuals, in the absence of an amicable agreement between the parties, the European Union directives and regulations, in particular the Brussels Convention, will be applied.
Article 24: Data processing and Liberties
The information requested from the consumer is necessary for the processing of his order and may be communicated to the contractual partners of the company Celtic Whisky Company involved in the execution of this order. The consumer may write to the company Celtic Whisky Company, whose contact details are in the privacy charter appearing on the website, to oppose such communication, or to exercise his rights of access, rectification and cancellation of information concerning him and appearing in the files of the company Celtic Whisky Company under the conditions provided for by the law of 6 January 1978.
Article 25: Intellectual property
All elements of the www.cicadagin.com site, whether visual or audio, including the underlying technology, are protected by copyright, trademarks or patents. They are the exclusive property of the company Celtic Whisky Compagnie or of the legal or natural persons holding their rights, and may not be reproduced, in any form whatsoever, without the express written authorisation of the company Celtic Whisky Compagnie.
Article 26: Company details
Celtic Whisky Company - 3, Crech ar Fur - 22610 Pleubian
Tel: (33) 02 96 16 58 08
SIRET: 412 036 139 00027
VAT : EN 84412036139
S.C.R.: Guingamp B 412 036 139