These general terms and conditions of sale (hereinafter the "General Terms and Conditions") are intended to define the conditions under which the company SOVAGE, with a capital of €5,000, SASU whose registered office is located at 16 rue Heinrich 92100 Boulogne Billancourt, registered in the Nanterre trade and companies register under number 981 996 218 00013. (the "Seller") provides consumers (the "Customers") with high-end organic non-alcoholic cocktails made by a service provider and offered for sale by the Seller on its website accessible at the following link: https://www.sovage.fr (the "Site"). The company is the owner and publisher of this website, the publication director is Emmanuelle Beck.

The contractual relations between the Seller and the Customers are exclusively subject to these General Conditions. These General Conditions apply automatically, without restriction or reservation to all sales concluded by the Seller with the Customers.

Any order for Products implies the Customer's unreserved acceptance of these General Conditions, which take precedence over all other conditions.

These General Conditions are accessible at any time on the Site and will prevail, where applicable, over any other contradictory document. These General Conditions may be subject to subsequent modifications at any time and subject to reasonable notice. The version applicable to a Customer's order is the one in force on the Site on the date the order is placed.

1. Customer Information

The Customer acknowledges having received communication, in a legible and comprehensible manner, of these General Conditions and the information listed in Articles L.111-1, L.111-2 and L.221-5 of the Consumer Code.

In particular, the Customer acknowledges having read the essential characteristics of the Products before purchasing them.

2. Products

The Products and their essential characteristics, including their composition, are described in particular below. They are all three Ecocert certified organic, produced in France and operated by the service provider whose code is EMB 16690A. DIRECTIONS FOR USE / STORAGE AND CONSERVATION: Before opening, store in a cool, dry place away from heat and light. After opening, store in the refrigerator and consume quickly. Serve very cold! Shake before opening. The presence of deposit is due to the use of ingredients of natural origin. Best before end: see date indicated on the bottle.

PRODUCT NAME: FRENCH CANCAN. NAME: Organic sparkling non-alcoholic drink made from concentrated raspberry juice and geranium hydrosol, flavored with violet. INGREDIENTS: Carbonated water, raspberry juice from concentrate* (7.3%), geranium hydrosol* (3%), sugar*, natural violet flavor*, acidifier: citric acid, natural raspberry flavor. *from organic farming

ALCOHOL (TAV): <0.5% vol. Alcohol-free.

NUTRITIONAL DECLARATION in linear form FOR 100 ml: Energy 70 kJ / 16 kcal; Fats 0 g of which saturated fatty acids 0 g; Carbohydrates 3.3 g of which sugars 3.3 g; Proteins 0 g; Salt 0 g. Pasteurized drink.

PRODUCT NAME: FRENCH KISS. NAME: Organic sparkling alcohol-free drink made from concentrated apple juice, verjuice and hydrosols of thyme, basil and mint. INGREDIENTS: Carbonated water, concentrated apple juice* (4%), large green basil hydrosol* (2%), sweet mint hydrosol* (2%), verjuice* (1%), thyme thymol hydrosol* (0.4%), acidifier: citric acid. *from organic farming ALCOHOL (TAV): <0.5% vol Alcohol-free. NUTRITIONAL DECLARATION in linear form PER 100 ml: Energy 39 kJ / 9 kcal; Fats 0 g of which saturated fatty acids 0 g; Carbohydrates 2.3 g of which sugars 2.3 g; Proteins 0 g; Salt 0 g. Pasteurized drink.

PRODUCT NAME: FRENCH TOUCH. NAME: Organic still non-alcoholic drink based on vine peach puree, rosemary hydrosol, Espelette pepper and hop extract. INGREDIENTS: Water, vine peach puree* (10%), sugar*, rosemary hydrosol* (2%), hop extract (0.5%), acidifier: citric acid, natural pepper flavor, Espelette pepper* (0.005%). *from organic farming. ALCOHOL (TAV): <0.5% vol. Alcohol-free. NUTRITIONAL DECLARATION in linear form PER 100 ml: Energy 102 kJ / 24 kcal; Fats 0 g of which saturated fatty acids 0 g; Carbohydrates 5.1 g of which sugars 5.1 g; Proteins 0 g; Salt 0 g. Pasteurized drink

The Customer is required to read this before placing any order. The photographs and graphics presented on the Site are not contractual and cannot engage the responsibility of the Seller.

3. Orders

3.1. Placing orders

Only legally capable persons who have reached the age of 18 at the time of placing the order may order on the Site. Each Customer acknowledges that they meet these conditions and guarantees the Seller against any claim that may be made to them in this regard.

It is up to the Customer to order the Products that he wishes to purchase on the Site according to the following terms:

• Selection by the Customer of the Products he wishes to order by clicking on “Add to cart”;
  
  
  
• Consultation by the Customer of his basket by clicking on “Open basket” with the possibility for the latter to add or remove Products from his basket;
  
  
  
• Validation of the basket by clicking on “Proceed to payment”;
  
  
  
• Identification of the Customer if the latter is not already identified at the time of placing the order or, failing that, indication of the Customer's contact details (e-mail address, shipping address and telephone number). On this page, the Customer can (i) enter a possible promotional code and (ii) see the summary of his basket, including the promotions applied;
  
  
  
• By clicking on "Continue to shipping", the Customer is invited to choose the delivery method for the Products he wishes to order. On this page, the Customer can again (i) enter a possible promotional code and (ii) see the summary of his basket, including the promotions applied;
  
  
  
• To proceed to the next step, the Customer must click on "Continue to payment" which takes him to the "Payment" page on which the Customer selects his payment method. The Customer then has the opportunity to check the details of his order, its total price and to correct any errors before confirming his acceptance. It is his responsibility to check the accuracy of the order and to report or rectify any errors immediately.
  
  
  
• To definitively confirm his order and pay, the Customer must (i) read and accept these General Conditions by clicking on the checkbox provided for this purpose and (ii) click on "Confirm my order and pay". The registration of an order on the Site is carried out when the Customer has read and accepted these General Conditions by checking the box provided for this purpose and validates his order. This validation implies acceptance of all of these General Conditions;
  
  
  
• Once the Customer has accepted the General Conditions, validated and paid for his order, he is automatically redirected to a page of the Site on which the Seller confirms the placing of his order. At the same time, and without delay and after receipt by the Seller of the full price, the Customer receives an email from the Seller acknowledging receipt of his order and provides him with an order number as well as a summary of his order.

 

Any order placed, validated by the Customer and confirmed by the Seller, under the conditions and according to the terms described above, constitutes a contract concluded remotely between the Customer and the Seller.

The Customer will be able to follow the progress of his order on the Site.

3.2. Modification and cancellation of orders

Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be modified or cancelled, except in the event of exercising the right of withdrawal under the conditions provided for in article 7.

3.3. Availability of Products

The Seller undertakes to make its best efforts to meet the Customer's requirements as specified in its order. Notwithstanding the foregoing, errors or modifications may exceptionally exist, in particular in the case of simultaneous orders of the same Product by several Customers. Consequently, and in the event of unavailability of the Products after confirmation of the order, the Customer will be informed by email or telephone as soon as possible and will be reimbursed for the price of the Products within fourteen (14) calendar days from the date of payment of the sums concerned.

The Seller shall not be liable in the event of stock shortages or unavailability of Products for orders not yet accepted by the Seller.

4. Prices and payment terms

4.1. The Products are sold at the prices in force appearing on the Site when the Customer places the order. The prices displayed are in euros, all taxes included (at the VAT rate applicable in France on the day the order is validated by the Seller) and excluding delivery costs. Delivery costs are invoiced in addition, under the conditions indicated on the Site as calculated and communicated prior to placing the order.

4.2. The Seller undertakes to draw up an invoice and provide it to the Customer upon delivery of the Products ordered.

4.3. The price is payable in cash, in full at the time the order is placed by the Customer, by secure payment, according to the following terms:

• by bank cards: Visa, Mastercard, American Express; and
  
  
  
• by PayPal or Shop Pay.
  
  
  
• The Seller shall not be required to deliver the Products ordered by the Customer if the latter does not pay the price in full under the conditions indicated above. Payments made by the Customer shall only be considered final after actual collection of the sums owed by the Seller. In the absence of collection of the price when placing the order, the sale shall be terminated automatically and without formality and no delivery of Products shall take place.
  
  
  
• Furthermore, and regardless of the payment method chosen, the Seller reserves the right to refuse any order or delivery in the event of (i) refusal of payment authorization by the banking organization or (ii) non-payment, in whole or in part, of a previous order by the Customer.

 

5. 
   Deliveries and receipt of Products
   
   5.1. The Products ordered by the Customer will be delivered by an independent carrier within the time periods mentioned below from the acceptance of the order to the address indicated by the Customer when ordering on the Site:
   
   

• Metropolitan France: 3 days;
• Corsica: 4 days;
• Monaco: 4 days.

Deliveries are made to the following countries, excluding any other territory:

Metropolitan France, Corsica and Monaco;
The Seller undertakes to make its best efforts to deliver the Products ordered by the Customer within the time limits specified above. However, these time limits are only given as an indication. If the Products ordered have not been delivered within fourteen (14) days after the indicative delivery date, for any reason other than force majeure or the actions of the Customer, the sale may be terminated at the written request of the Customer sent by registered letter with acknowledgment of receipt to the following address: SOVAGE SASU, 16 rue Heinrich, 75008 Paris. The sums paid by the Customer will be returned to him no later than fourteen (14) days following the date of termination of the contract, excluding any compensation.

There are two types of delivery: home or relay point. The Customer will be notified of the availability of their Products at the Relay Point that they selected when placing their Order. The Customer is informed by e-mail notification of the availability of their package at the Relay Point of drop-off and the package will remain at their disposal for 8 calendar days. The collection of Products at a Relay Point may require the presentation of a valid identity document. Otherwise, the Products cannot be delivered. The Customer is required to collect the Products ordered and delivered to the Relay Point within this period. After the period indicated by the Relay Point, the Customer's failure to collect the Products will be perceived by the Seller as a refusal to take delivery. The Products will be returned by the Seller against a new payment of the delivery costs by the Customer.

5.2. The Seller is authorized to make partial deliveries on different dates.

5.3. Delivery costs vary depending on the delivery method selected by the Customer.

5.4. The Customer is required to check the condition of the packaging of the Products upon delivery. The Customer must issue any reservations and complaints that he deems necessary, or even refuse the package, in particular when the package is clearly damaged upon delivery and before it is opened. Said reservations and detailed complaints must also be indicated to the delivery person and at the same time sent to the carrier by registered letter with acknowledgment of receipt within three (3) working days from the date of delivery of the Products. Failure to make a complaint within the aforementioned time limits extinguishes any action against the carrier in accordance with the legal provisions.

5.5. Furthermore, and in addition to the procedure provided for in Article 5.4 of these General Terms and Conditions, the Customer is also required to check the condition of the Products ordered and delivered once opened. The Customer has a period of seventy-two (72) hours from delivery to make any reservations or complaints for non-conformity or apparent defect of the Products delivered (damage, broken item, missing item, etc.) with all supporting documents relating thereto. This complaint must be made by registered letter with acknowledgment of receipt (SOVAGE SASU, 16 rue Heinrich 92100 Boulogne Billancourt). After this period and in the absence of having complied with these formalities, the Products will be deemed compliant and free from any apparent defect and no complaint may be validly accepted by the Seller.

The Seller will reimburse the Customer as soon as possible for the price of the Products delivered whose lack of conformity has been duly proven by the Customer.

5.6. In the event of an incomplete or inaccurate address, refusal of the package by the recipient or lack of information resulting in an inability to deliver the Product, the Seller cannot be held responsible for the quality and/or delivery times. In the event that the Seller is forced to organize a second presentation of the Products to the recipient, the Seller may ask the Customer for the costs corresponding to this second delivery.

6. Transfer of ownership and transfer of risks

6.1. The transfer of ownership of the Products to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of said Products.

6.2. All risks relating to damage that the Products may suffer or cause for any reason whatsoever, including the risks of loss, theft, destruction and deterioration will be borne by the Customer or a third party designated by him, when he takes physical possession of the Products.

7. Right of withdrawal

7.1. In accordance with the legal provisions in force, the Customer has a period of fourteen (14) days from receipt of the Product to exercise his right of withdrawal from the Seller, without having to provide reasons or pay a penalty, for the purpose of exchange or reimbursement, provided that the Products are returned in their original packaging and in perfect condition, and which have not been unsealed by the consumer after delivery , within a reasonable time, and at the latest within fourteen (14) days following the communication of his decision to withdraw. In accordance with Article L.221-19 of the Consumer Code, if this withdrawal period normally expires on a Saturday, Sunday or public holiday, it is extended until the first following working day.

7.2. In accordance with Article L221-28 of the Consumer Code, the Customer may not exercise his right of withdrawal for a (i) Product that he has personalized, (ii) For reasons of hygiene or health protection, when the Product is unsealed by the Customer after delivery or (iii) when the Product is likely to deteriorate or expire quickly. No exchange or refund may be claimed for these Products.

7.3. The Customer who wishes to exercise his right of withdrawal must return the Products within the period indicated in article 7.1 above, in their original packaging, complete (packaging, accessories, instructions, etc.) and new using the form: date, order number, which item(s) returned, reason for return (optional), signature. Please return this letter to us by registered letter to the following address: 16 rue Heinrich 92100 Boulogne Billancourt. The Customer can use the model withdrawal form (Appendix 1).

7.4. Returned Products must be sent to the address that will be communicated by the Seller. The Customer undertakes to keep proof of deposit of the package which will be given to him by the carrier.

The return costs are the responsibility of the Customer and the risks associated with the return of the Products are the exclusive responsibility of the Customer. The Seller cannot be held responsible for cases of loss, theft or damage to the package.

7.5. Subject to compliance with the conditions referred to above, the Seller will reimburse the Customer for the amounts paid by the latter and corresponding to the acquisition of the returned Product(s) as well as the delivery costs that the Customer has borne, within a maximum period of fourteen (14) days from receipt of the Product. The Seller will make the reimbursement using the same means of payment as that used by the Customer for the initial transaction, unless the Customer expressly agrees to a different means.

In the event of non-compliance with the conditions referred to in Articles 7.1 to 7.4 (for example, in the event of the return of Products visibly used or damaged by the Customer), the Products returned by the Customer will be reshipped to the Customer at the latter's expense and no refund will be made by the Seller.

8. Warranty

The Seller is subject to the conditions of (i) the legal guarantee of conformity as defined in Articles L.217-3 et seq. of the Consumer Code as well as (ii) the guarantee of hidden defects defined in Articles 1641 to 1649 of the Civil Code.

The Seller is the guarantor of the conformity of the Products sold under these two legal guarantees. As such, and in accordance with the Consumer Code, the Customer is informed of the following:

The consumer benefits from a six-month extension of the initial warranty.
The consumer has a period of two years from the delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared.

Where the contract for the sale of the goods provides for the continuous supply of digital content or a digital service for a period exceeding two years, the legal guarantee is applicable to this digital content or this digital service throughout the period of supply provided for. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or the digital service and not the date on which it appeared.

The legal guarantee of conformity entails an obligation for the professional, where applicable, to provide all updates necessary to maintain the conformity of the goods.

The legal guarantee of conformity gives the consumer the right to repair or replacement of the goods within thirty days of their request, free of charge and without major inconvenience for them.

If the goods are repaired under the legal guarantee of conformity,
If the consumer requests the repair of the goods, but the seller imposes replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.

The consumer may obtain a reduction in the purchase price by keeping the goods or terminate the contract by obtaining a full refund against return of the goods, if:

1° The professional refuses to repair or replace the goods;

2° The repair or replacement of the good occurs after a period of thirty days;

3° The repair or replacement of the good causes a major inconvenience for the consumer, in particular when the consumer definitively bears the costs of recovery or removal of the non-compliant good, or if he bears the costs of installation of the repaired or replacement good;

4° The non-conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.

The consumer is also entitled to a reduction in the price of the goods or to the termination of the contract when the lack of conformity is so serious that it justifies the reduction in the price or the termination of the contract being immediate. The consumer is then not required to request the repair or replacement of the goods beforehand.

The consumer is not entitled to rescission of the sale if the lack of conformity is minor.

Any period of immobilization of the property for the purpose of its repair or replacement suspends the guarantee which remained to run until delivery of the repaired property.

Any complaint regarding the Products pursuant to this Article 8 must be made by email ( contact@sovage.fr ) followed by written confirmation sent by registered letter with acknowledgment of receipt to the following address: 16 rue Heinrich 92100 Boulogne Billancourt.

In the event of a lack of conformity and/or hidden defects recognized by the Seller, if it is decided to return the Product, the Customer must ship it to the following address: 16 rue Heinrich 92100 Boulogne Billancourt. The Customer must have previously obtained from the customer service contacted by email ( contact@sovage.fr ) a return number as well as any details relating to the shipment. No package will be accepted without a return number. This number must be written in marker in a legible manner on the package.

9. Liability

9.1. The Products comply with the regulations in force in France.

9.2. The Seller shall not be held liable in the event of a claim resulting from:

• from improper use of the Product;
  
  
  
• from use in conditions other than those for which the Product was manufactured;
  
  
  
• from improper use;
  
  
  
• of the transformation of the Product;
  
  
  
• of a case of force majeure.

 

9.3. The Seller declines all responsibility relating to the inadequacy of the Product ordered with the use intended by the Customer, the latter being solely responsible for the choice of the Product.

9.4. The Seller shall not be held liable for server failures, electrical or other problems relating to the Internet computer network or in the event of external intrusion or computer viruses.

9.5. In any event, the Seller's liability is exclusively limited to the repair of direct bodily injury and material damage, the existence and causal link of which is proven by the Customer.

10. Protection of personal data

In application of Law 78-17 of January 6, 1978 amended by Law No. 2018-493 of June 20, 2018 and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 ("GDPR"), it is recalled that the personal data requested from the Customer are necessary for processing their order and issuing invoices.

This data may be communicated to the Seller's potential partners responsible for the execution, processing, management and payment of orders.

The processing of information communicated via the Site meets the legal requirements regarding the protection of personal data, the information system used ensuring optimal protection of this data.

The Customer has, in accordance with the national and European regulations in force, a permanent right of access, modification, rectification, opposition, portability and limitation of processing with regard to information concerning him. This right may be exercised under the conditions and according to the methods defined on the Site.

11. Intellectual Property

All elements of the Site are and remain the intellectual and exclusive property of the Seller.

It is expressly prohibited to reproduce, exploit, rebroadcast or use for any purpose whatsoever, even partially, any element of the Site.

12. Force majeure

12.1. Any delay in the performance or failure by either party to perform any of its obligations hereunder (except payment obligations) due to a force majeure event within the meaning of Article 1218 of the Civil Code shall not constitute a breach of these General Conditions.

12.2. The party that cannot fulfil its obligations due to the occurrence of a force majeure event shall inform the other party in writing as soon as possible, and shall make its best efforts to minimise the damage. In this case, the performance of the disputed obligation shall be suspended for a period equal to the duration of the force majeure event.

13. Miscellaneous

In the event that any of the clauses of these General Conditions are null and void due to a change in legislation, regulations or by a court decision, this shall not in any way affect the validity and compliance with the other clauses of the General Conditions. Failure by one of the parties to exercise the rights granted to it under these General Conditions shall not constitute a waiver of its rights.

14. Amicable settlement of disputes

14.1. In accordance with Articles L.111-1, L.612-1 and L.616-1 of the Consumer Code, the Customer is informed that he may, subject to the provisions of Article L.612-2 of the Consumer Code, have recourse free of charge to a consumer mediator with a view to the amicable resolution of the dispute between him and the Seller. To this end, the Seller guarantees the Customer effective recourse to a consumer mediation system.

14.2. Thus, and in the absence of an amicable agreement between the Customer and the Seller, the Customer has the possibility of contacting the consumer mediator to whom the Seller belongs, namely the Association of European Mediators (AME CONSO), free of charge, within one year of the written complaint addressed to the Seller. The mediator must be contacted:

• either by completing the form provided for this purpose on the AME CONSO website: www.mediationconso-ame.com
  
  
  
• either by mail addressed to AME CONSO, 197 Boulevard Saint-Germain – 75007 PARIS

14.3. In accordance with Article L.616-2 of the Consumer Code, the Customer is also informed of the existence of the European online dispute resolution platform at the address https://ec-europa.eu/consumers/odr  and the possibility of using it to settle his dispute through an out-of-court dispute resolution entity. The European Commission will transfer the Customer's complaint to the competent national mediators.

15. 
    Applicable law and competent jurisdiction

15.1. Any dispute relating to or resulting from the interpretation, execution or termination of these General Conditions and/or any sale of Products will be subject to French law. However, the Customer who does not have his habitual residence in France is expressly reminded that the jurisdiction of French law in application of this article 15.1 cannot have the effect of depriving this Customer of the protection provided to him by the mandatory provisions of the country in which he has his habitual residence. In such a situation, the law of the place of habitual residence of the Customer will be applicable.

15.2. In the event of any dispute relating to or resulting from the interpretation, execution or termination of these General Conditions and/or an order or sale of a Product relating thereto, the competent court will be that designated in application of the rules of jurisdiction of common law, notwithstanding plurality of defendants or third-party claims.

If the Customer has his habitual residence in a Member State of the European Union, the competent court will be that designated in application of the rules of jurisdiction of European law, in particular European regulation 1215/2012 of December 12, 2012.

16. 
    Customer service

In case of questions and/or complaints, the Customer can contact the Seller's customer service by email ( contact@sovage.fr ) or by post (SOVAGE, 16 rue Heinrich 92100 Boulogne Billancourt).

ANNEX 1 - MODEL WITHDRAWAL FORM

 

(Please complete and return this form only if you wish to withdraw from the Order.)

 

For the attention of:

I hereby notify you of my withdrawal from the Order below:

Signed on:

Customer Name:

Customer Address:

Order Number:

Reason for return (optional):

Signature of the Client (only if this form is notified on paper):

Date :