Terms of sale

ARTICLE 1. PARTIES

The present general conditions of sale (hereafter, the "GCS") are applicable between the company Django and Coco, Alison Sadler, individual entrepreneur, registered under the SIREN 521606319 and registered at the Trade and Companies Register of Grenoble, under the number 521 606 0319, whose head office is located 53 B rue de Abbé Grégoire, 38 000 Grenoble, SIRET number 52160631900031 (hereinafter, the "Publisher"), and any individual or legal entity, under private or public law, contracting solely for personal use and not for commercial resale or professional purposes, registered on the Site to purchase a Product (hereinafter, the "Customer").

ARTICLE 2. DEFINITIONS

"Customer" refers to any individual or legal entity, under private or public law, whose registration on the Site has been validated by the Publisher, contracting solely for his/her personal use and not for commercial resale purposes or on a professional basis

"Site Content" refers to all elements of any kind published on the Site by the Publisher, whether or not they are protected by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.

"Publisher" means the company Django and Coco, Alison Sadler.

"Product" refers to any goods of any kind sold on the Site by the Publisher to the Clients.

"Service" refers to all services offered by the Publisher to clients on the Site related to the sale of Products, including the sale of Products.

"Site" refers to the Internet site accessible at the URL djangoandcoco.com, as well as the sub-sites, mirror sites, portals and URL variations related thereto.

"User" means any natural person who connects to the Site.

ARTICLE 3. PURPOSE OF THE CGV

The purpose of these General Terms and Conditions is to define the terms and conditions according to which offers the Products to Customers for sale.

ARTICLE 4. ACCEPTANCE OF THE GCV

These GTC are applicable to the relationship between the parties to the exclusion of all other conditions, and in particular those of the Customer where applicable.

The Customer is invited to systematically read these GTC before placing any order on the Site.

Any order placed by the Customer for a Product offered on the Site, by clicking on the "Confirm my order" button, after having ticked the box "I accept the General Terms and Conditions of Sale", implies the Customer's full and complete acceptance of these GTC.

Checking the above-mentioned box shall be deemed to have the same value as a handwritten signature by the Customer. The connection data, logs and other technical data are considered by the parties to have evidential value. This provision is to be considered as an agreement of proof.

Acceptance of these GTCs assumes that the Customer has the necessary legal capacity to do so, or, failing that, that they have the authorisation of a guardian or curator if they are incapable, of their legal representative if they are minors, or that they hold a mandate if they are acting on behalf of a legal entity. The Publisher will refuse any order placed by a minor buyer.

ARTICLE 5. ORDERING STEPS

5.1. Prior to placing an order

Before placing any order, the User must create a personal space on the Site and fill in the personal information requested, in accordance with Article 6 of the GCU.

5.2. Order

In order to place an order, Users may select one or more Products and add them to their basket. The availability of Products is indicated on the Site, in the description of each item. When their order is complete, they can access their basket by clicking on the button provided for this purpose.

At any time, the Customer may :

check the number of Products contained in the basket and obtain detailed information on each of them by clicking on the "My basket" button;
return to the catalogue to complete the order from the basket;
complete the order by clicking on the "Checkout" button.
5.2. Validation of the order by the User or the Customer

By consulting their basket, Users will be able to check the number and nature of the Products they have chosen and will be able to check their unit price, as well as their overall price. They will be able to remove one or more Products from their basket.

If they are satisfied with their order, Users can validate it. They will then access a form on which they can either enter their login details if they already have them, or register on the Site by completing the registration form with their personal details. Users will also be able to choose the delivery method.

5.3. Payment by the Customer

As soon as they are connected or after they have fully completed the registration form and it has been validated by the Publisher, Customers will be invited to check or modify their delivery and billing details, and will then be invited to make their payment by being redirected to the secure payment interface with the mention "order with payment obligation" or any similar formula.

5.4. Refusal and cancellation of orders by the Publisher

Between the moment when the Customer pays for the order and the sending of the order confirmation email by the Publisher to the Customer, the Publisher reserves the right not to accept the order, in particular in case of :

quantity ordered or frequency of orders abnormal to the normal needs of private customers;
existing dispute(s) with the Customer;
total or partial non-payment of one or more previous orders by the Customer;
refusal of payment authorisation by banking organisations.

5.5. Confirmation of the order by the Publisher

Once the payment has been received by the Publisher, the latter undertakes to acknowledge receipt of the order to the Customer by electronic means within a maximum of 24 hours. Within the same period, the Publisher undertakes to send the Customer an e-mail summarising the order and confirming its processing, including all related information.

A delay in the processing of the order may occur in the following circumstances, without this list being exhaustive, and without the Publisher being held responsible:

the content of the Customer's basket contains an error;
the contact details given by the Customer are incorrect;
an alert message has been generated by the online payment system.
In such a case, the Publisher will contact the Customer directly.

ARTICLE 6. PRICES - PAYMENT

6.1. Prices

The applicable prices are those displayed on the Site on the day of the order. These prices may be modified at any time by the Publisher. The prices displayed are only valid on the day of the order and are not effective for the future.

The prices indicated on the Site are in euros, including all taxes, but excluding delivery costs.

6.2. Method of payment

The Customer may pay for his order by credit card (Visa, Eurocard/Mastercard, American Express): the information is entered via the 3D secure online payment platform.

When paying by credit card, the Publisher has no access to any data relating to the Customer's means of payment. The payment is made directly to the bank.

6.3. Invoicing

The Publisher shall send or make available to the Customer an electronic invoice after each payment. The Customer expressly agrees to receive invoices electronically.

6.4. Reservation of ownership

The Products sold remain the property of the Publisher until full payment of their price, in accordance with this retention of title clause.

ARTICLE 7. DELIVERY

7.1. Delivery costs

The delivery or availability costs will, in all cases, be indicated to the Customer before any payment.

The delivery costs indicated on the Site are understood to be in euros, including all taxes.

If some or all of the addresses or information required for delivery provided by the Customer at the time of the Order are incorrect, obliging the Publisher to return the Order, the Customer shall bear the costs and consequences thereof.

7.2. Delivery times

The delivery times applicable to Product orders placed through the Website are those indicated at the time of the order, before the validation of the latter.

These delivery times may vary depending on the place of delivery, the delivery method chosen, the quantity of Products ordered and their availability. The delivery times announced at the time of ordering are indicated in working days and are subject to validation of the order.

Delivery will not be ensured in the event of force majeure as defined in article 12.2.1 below.

The Publisher shall not be held responsible for any subsequent change of address by the Customer that was not notified to the Publisher in due time or for any error in the Customer's contact details provided by the Customer when ordering.

7.3. Termination of the contract at the Customer's initiative

The Customer may terminate the contract by registered letter with acknowledgement of receipt if the delivery date of the Product indicated by the Publisher at the time of validation of the order is exceeded. The Customer will then be reimbursed for the sums incurred by him when placing the order.

This clause is not intended to apply if the delay in delivery is due to a case of force majeure. In such a case, the Customer undertakes not to take any legal action against the Publisher and waives the right to cancel the sale as provided for in this article.

7.4. Receipt of the order

Upon receipt of the order, the Customer shall check the conformity of the Products received in execution of the order.

Any anomaly concerning the delivery, in particular missing or damaged Products, damaged packages, must be notified immediately, and at the latest within three (3) calendar days following receipt of the order, to the Publisher at the address mentioned in article 1 of these GTC. Upon receipt of the damaged package, a new package will be prepared and sent to the Customer. In such a case, the delivery times indicated above in these GTC will no longer apply.

In the event of an anomaly, it is up to the Customer to refuse the Product(s) delivered in order to benefit from the guarantee offered by the carrier.

7.5. Transfer of risks

The ownership of the delivered Products is reserved to the Publisher until the delivery of the Products to the Customer, notwithstanding any clause to the contrary, unless the parties have punctually and expressly agreed in writing to waive this clause.

ARTICLE 8. RETRACTION

8.1. Conditions for exercising the right of withdrawal

In accordance with current legislation on distance selling, the Customer has a period of fourteen (14) calendar days to exercise his right of withdrawal without having to justify his reasons or pay any penalties.

The period mentioned in the previous paragraph runs from the date of receipt of the Product(s) by the Customer or a third party, other than the carrier, designated by him.

In the case of an order for several Products delivered separately, the delivery of which is staggered over a defined period of time, the time limit shall run from the receipt of the last Product.

When the aforementioned period of fourteen (14) days expires on a Saturday, Sunday or public holiday, it is extended until the next working day.

The decision to withdraw must be notified to the Publisher at the address indicated in article 1 of these GTC by means of an unambiguous statement.

8.2. Effects of the right of withdrawal

The Customer shall return or restitute the Product(s) to the Publisher, or to any person designated by the latter, without undue delay and, at the latest, within fourteen (14) days following the communication of his decision to withdraw, in their original packaging, undamaged and unsealed. The cost of returning the Product(s) shall be borne by the Customer. Any returned Product(s) must be accompanied by the delivery note received in the parcel or the invoice received by email when the parcel was sent.

If the above conditions are met, the Publisher will refund the Customer the total amount of his order, including delivery charges, as soon as possible and at the latest within fourteen (14) days following the date on which the Publisher was informed of the Customer's decision to withdraw. The Publisher is not obliged to reimburse additional delivery costs if the Customer has expressly chosen a more expensive delivery method than the standard one offered.

If the Publisher does not receive the Product(s) within the above-mentioned period, the refund will be deferred to the earlier of the receipt by the Publisher of the Product(s) or the receipt by the Publisher of the proof of shipment of the Product(s). Beyond this date, the amount due shall automatically bear interest at the legal rate in force, as specified in Article L. 242-4 of the French Consumer Code.

The Publisher will make the refund using the same means of payment as the one used by the Customer for the initial transaction, unless the Customer expressly agrees to the use of another means of payment and insofar as the refund does not incur any costs for the Customer.

8.3. Exclusions from the right of withdrawal

The Customer's right of withdrawal shall not apply in the following cases

in the event of the sale of Products made to the Customer's specifications or clearly personalised ;
in the event of depreciation of the Product(s) resulting from handling by the Customer, other than that necessary to establish the nature, characteristics and good condition of the Product(s);
ARTICLE 9. WARRANTIES

9.1.1 Warranty for defects and apparent faults

In accordance with article 7.4 of these GTC, it is the Client's responsibility to check the good condition of the Products at the time of delivery. This verification must include the quality, quantities and references of the Products as well as their conformity to the order. No complaint will be taken into account after a period of three (7) days from delivery. In the case of hand-deliveries, with or without signature, reservations and anomalies must also be mentioned on the delivery note.

9.2 Warranty for defects and hidden faults

9.2.1. Legal guarantees

Customers have a legal guarantee of delivery in conformity (Article 1604 of the Civil Code), a legal guarantee against hidden defects (Articles 1641 et seq. of the Civil Code) and a safety guarantee (Articles 1245 et seq. of the Civil Code).

Customers who are consumers also have a legal guarantee of conformity (articles L. 217-4 et seq. of the French Consumer Code).

9.2.2. Conventional guarantee

In addition to the legal guarantee, the Products benefit from a conventional guarantee of conformity on French territory, for a period of one (1) year from the delivery of the Product.

9.2.3. Return

In order to implement the warranty, it is up to the Customer to return the Product concerned to the address indicated in article 1 of these GTC, accompanied by an explanatory letter requesting either repair, exchange or reimbursement.

In any case, the Customer is requested to follow precisely the instructions of the Publisher regarding the return of the Products.

The cost of returning the Product shall be borne by the Customer, except for consumer Customers who make use of the guarantee of conformity under Articles L. 217-4 et seq. of the French Consumer Code.

The consumer Customer has a period of two (2) years from the delivery of the goods to take action against the seller. In this respect, he may choose between repairing or replacing the Product, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code. Finally, the Customer is exempted from proving the existence of the Product's lack of conformity during the 24 months following the delivery of the said Product, except for second-hand goods.

Where applicable, the legal guarantee of conformity applies independently of the commercial guarantee.

When the consumer Customer decides to invoke the warranty for hidden defects, he may choose between the cancellation of the sale or a reduction in the sale price.

9.3 Other returns

In the event that the product ordered is obviously damaged ("bent, torn"), the Customer is invited to take a photo of the product and send it by e-mail to info@djangoandcoco.com, then according to the indications received by e-mail, to return the product in question, in its original packaging, within a maximum of 15 days after the order, enclosing the purchase reference (purchase order or invoice) by returning the product to DJANGO & COCO, c/o A. Sadler, 53 B rue Abbé Grégoire, 38000 Grenoble. After analysis of the product, a purchase voucher to be used on the site will be generated, or at the Customer's choice and subject to availability, the product will be returned to the Customer.

This possibility of return does not in any way deprive the Customer of his right of retraction, without reason, of unopened products, as recalled in article 8 above, nor the legal guarantees recalled in this article 9.

ARTICLE 10. CUSTOMER SERVICE

The Publisher's customer service department can be reached from the contact page of the site: https://www.les-affiches-vins.com/pages/contact or by email at info@djangoandcoco.com or by post at the address indicated in article 1 of these GTC.

ARTICLE 11. PERSONAL DATA

As part of its service, the Publisher collects and processes the personal data of the Clients in order to manage the relationship with the said Clients.

The methods of collecting and processing the Customers' personal data are specified in the Publisher's privacy policy, available on the Site, which is an integral part of these GTC.

ARTICLE 12. LIABILITY OF THE PUBLISHER

12.1. Nature of the Publisher's obligations

The Publisher undertakes to take the necessary care and diligence to supply Products of a quality that complies with the specifications of these GTC. The Publisher is only responsible for a best effort obligation concerning the services covered by these GTC.

12.2. Force majeure - Customer's fault

The Publisher shall not be liable in the event of force majeure or fault on the part of the Customer, as defined in this article:

12.2.1. Force majeure

For the purposes of these GTC, any impediment, limitation or disruption of the Service due to fire, epidemic, explosion, earthquake, fluctuations in bandwidth, failure attributable to the access provider, failure of transmission networks, collapse of installations, illicit or fraudulent use of passwords, will be considered as a case of force majeure that can be invoked against the Customer, codes or credentials provided to the Customer, hacking, a security breach by the Site host or developers, flood, power failure, war, embargo, law, injunction, demand or requirement of any government, requisition, strike, boycott, or other circumstances beyond the reasonable control of the Publisher. In such circumstances, the Publisher shall be excused from performing its obligations to the extent of such impediment, limitation or disruption.

12.2.2. Fault of the Customer

For the purposes of these GTC, any misuse of the Service, fault, negligence, omission or failure on the part of the Customer or its employees, failure to comply with the advice given by the Publisher on its Website, any disclosure or unlawful use of the Customer's password, codes and references, as well as the provision of erroneous information or failure to update such information in the Customer's personal space, will be deemed to be a fault of the Customer. The use of any technical process, such as robots or automatic requests, which contravene the letter or spirit of these GTC, will also be considered as a fault of the Customer.

12.3. Technical problems

In the event of impossibility of access to the Site, due to technical problems of any kind, the Customer may not claim any damage and may not claim any compensation. The unavailability of one or more online services, even if prolonged and without any time limit, cannot constitute a prejudice for the Customers and cannot in any way give rise to the granting of damages by the Publisher.

12.4. Hypertext links

The Site may contain hypertext links to other Internet sites over which the Publisher has no control. These links are provided solely to facilitate the use of resources available on the Internet. In case of use of these links, the User will leave the Site. The User then agrees to use the third-party sites at his/her own risk or, if applicable, in accordance with the conditions governing them.
The Publisher does not contribute in any way to the elaboration of the content and/or of any element appearing in all or part of these third party websites. In spite of the checks carried out before the installation of any hypertext link on the Site, the Publisher declines all responsibility for the contents of these sites and any updates that may be made to them.



Furthermore, the Publisher does not endorse, guarantee or take responsibility for all or part of the content and/or any element appearing in all or part of these third-party websites.

12.5. Contents of the Site

In the current state of the art, the rendering of the representations of the Products offered for sale on the Site, in particular in terms of colours or shapes, may vary significantly from one computer to another or differ from reality depending on the quality of the graphic accessories and the screen or the display resolution. These variations and differences cannot in any case be attributed to the Publisher who cannot be held responsible for them.

The photographs illustrating the Products as well as the assessments of the Products are given only as an indication and do not have contractual value. The Publisher shall not be held liable for them. A difference in colour or presentation of the illustrations may result in particular from the quality of the photos.

The Customer is therefore invited to consult the description of each Product to know its characteristics. The description sheet is the only source of contractual information, it being specified that the Publisher may at any time update or complete the Product sheets.

ARTICLE 13. INTELLECTUAL PROPERTY

13.1. Legal protection of the Site and the Site Content

The Site, including the Site Contents, are the exclusive property of the Publisher, and are protected as such by French and international laws relating to intellectual property rights (copyright, sui generis right of databases, patent law and trademark law in particular).

Any representation, reproduction, translation, adaptation or transformation, in whole or in part, carried out illegally and without the consent of the Publisher or its successors or assigns constitutes a violation of Books I and III of the Intellectual Property Code and may give rise to legal proceedings for infringement.

13.2. Contractual protection of the Site Content

The Customer contractually undertakes to the Publisher not to use, reproduce or represent, in any way whatsoever, the Contents of the Site, whether or not they are protected by an intellectual property right, for any purpose other than their reading by a robot or a browser. This prohibition does not apply to indexing robots whose sole purpose is to scan the content of the Site for indexing purposes.

ARTICLE 14. MODIFICATION OF THE GCV

These GTC may be modified at any time by the Publisher. The GTC applicable to the Customer are those in force on the day of the Customer's order on the Site, and any new order implies acceptance of the new GTC, if applicable.

ARTICLE 15. FINAL STIPULATIONS

15.1. Applicable law

These GTC are subject to the application of French law.

15.2. Mediation

The Customer is informed of the possibility of having recourse, in the event of disputes which could arise within the framework of the execution of the present GTC, and whose solution could not be found beforehand amicably between the parties, to a conventional mediation procedure or to any other alternative method of settlement of disputes.

Prior to any referral to the mediator, the Customer must send a written complaint to the Publisher. In the event that the Customer has not obtained satisfaction or a response within two (2) months of his written complaint, he may submit his complaint free of charge to the Consumer Ombudsman, within a maximum period of one (1) year from the initial complaint.

The Customer may submit his complaint to the mediator of the professional federation of e-commerce and distance selling (FEVAD).

In addition, the Customer is informed of the existence of the online dispute resolution platform, accessible at the following URL address: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show

15.3. Assignment of jurisdiction

Any dispute relating to the interpretation, performance or breach of these GTC between the Publisher and the Customer, which could not be settled amicably within a period of one (1) month, shall be subject to the sole jurisdiction of the French courts, notwithstanding multiple defendants and/or third party claims, even for emergency proceedings or protective proceedings in summary proceedings or by petition. The competent court in the event of a dispute shall be that of the defendant's place of residence.

15.4. Entirety

The nullity of one of the clauses of these GTC shall not entail the nullity of the other clauses of the GTC or of the GTC as a whole, which shall retain their full effect and scope. In such a case, the parties shall, as far as possible, replace the invalidated provision with a valid provision corresponding to the spirit and purpose of these GTC.

15.5. Non-waiver

The Publisher's failure to exercise its rights under these GTC shall not be construed as a waiver of such rights.

15.6. Telephone canvassing

The Customer is informed that he has the possibility of registering on the anti-solicitation list at http://www.bloctel.gouv.fr/.

15.7. Languages of these general terms and conditions

These GTC are offered in French.

15.8. Unfair clauses

The provisions of these GTC shall apply subject to compliance with the mandatory provisions of the Consumer Code concerning unfair terms in contracts concluded between a professional and a consumer.