Article 1: Definitions
The terms below, when preceded by a capital letter, have the meanings defined below.
Client : refers to a client ordering one or more Products on the Site. The Client must be over 18 years of age to access pages related to the sale of alcoholic beverages.
Sales Order: designates the order placed by the Client on the Site and governed by the General Terms and Conditions and the Shopping Cart, whereby the Client purchases one or more Products from ELLADOS SHOP.
General Conditions: refers to the present general sales conditions.
ELLADOS SHOP: refers to ELLADOS SHOP, a limited liability company with capital of 5,000 euros, headquartered in CHAMALIERES (63400), 135 Avenue de Royat, France, registered with the CLERMONT-FERRAND Trade and Companies Register under number 981 855 760.
Shopping Cart: refers to the Client’s order form on the Site, listing the Products he/she wishes to purchase (designation and quantity), as well as the applicable price.
Party: refers to the Client or ELLADOS SHOP. When the term is used in the plural, it refers to both.
Product(s): shall designate all products ordered by the Client from ELLADOS SHOP on the Site.
Site: shall designate the Internet sales site accessible at www.www.ellados-shop.com on which the Client may order Products.
Article 2: General provisions
1. Purpose of the General Conditions
The purpose of these General Conditions is to define :
2. Customer capabilities
The Client declares that he/she has the legal capacity to place an Order.
3. General Conditions – Applicable provisions
The present General Terms and Conditions apply by operation of law to all sales of Products made on the Site by ELLADOS SHOP to its clients, subject to the derogatory provisions accepted by the Parties, in particular in the Shopping Cart, and to the exclusion of any other document such as prospectuses, catalogs, photographs, which are only indicative and non-contractual, and may therefore be modified by ELLADOS SHOP at any time, without prior notice.
The Client declares that he/she has read them and accepts them without reservation before concluding an Order. Upon conclusion of the Order, a copy of the General Terms and Conditions accepted by the Client is attached to the invoice attached to the Order confirmation e-mail, as provided for in article 5 below.
No other condition may, unless expressly accepted in writing by ELLADOS SHOP, prevail over the General Conditions. In the absence of express acceptance, any condition to the contrary on the part of the Client will be unenforceable against ELLADOS SHOP, regardless of when it may have been brought to its attention.
Relations with the Client are therefore governed by the General Terms and Conditions and the Shopping Cart.
In the event of any conflict between these General Terms and Conditions and the Shopping Cart, the provisions of the Shopping Cart shall prevail.
The fact that ELLADOS SHOP does not avail itself at a given time of any of the provisions of the present General Conditions may not be interpreted as a waiver of the right to avail itself of any of the said conditions at a later date.
4. Modification of the General Terms and Conditions
The General Conditions may be modified at any time. In the event of modification of the General Terms and Conditions, the General Terms and Conditions applicable shall be those in force on the date of the Order by the Customer.
The nullity of a contractual clause does not entail the nullity of the General Terms and Conditions, with the exception of an impulsive and determining clause that led one of the parties to enter into the contract.
Article 3: Products – Essential characteristics
The Products offered for sale by ELLADOS SHOP on the Site are subject to availability. In the event of a stock shortage despite confirmation of the Order, ELLADOS SHOP will inform the Client who will then have the option of maintaining the Order or cancelling it against reimbursement of the sums already paid.
CLIENT INFORMATION ON THE SALE OF ALCOHOL ON THE SITE
The Products offered for sale on the Site include alcoholic beverages (wine, ouzo, etc.). That’s why pages where alcoholic beverages can be sold is reserved for Customers over 18 years of agein accordance with current regulationsthe sale of alcohol to persons under the age of 18 is prohibited. To this end, anyone wishing to access to these Site pages must declare on their honor whether or not they are over 18. If so, it will be able to access to these pages. Otherwise, it will only be able to browse the other pages of the Site, which do not allow access to the sale of alcoholic beverages.
In addition, ELLADOS SHOP declares that it holds a takeaway drinks license for which the Town Hall of CHAMALIERES (63400), France issued a receipt dated January 29, 2024 for a business with an effective date of January 1, 2024.st March 2024, on presentation of a valid operating permit.
Finally, we remind you that alcohol abuse is dangerous for your health, and that alcohol should be consumed in moderation.
The Client acknowledges having been provided with all necessary information, in particular concerning the characteristics of the Products. Should the Client require further information prior to concluding the Order, he/she is nevertheless informed that he/she may contact ELLADOS SHOP by one of the means set out in article 16 below.
Article 4: Pre-contractual information obligation
The Client acknowledges having been informed by ELLADOS SHOP, prior to placing his/her Order, in a legible and comprehensible manner, of the present General Terms and Conditions and of all the information listed in article L.221-5 of the French Consumer Code, in particular through the information appearing on the Site.
Article 5: Order registration and confirmation
In order to be able to place an Order, the Client is invited, if he has not already created one, but without this being an obligation, to create an account by completing the information mentioned as obligatory, which are indicated by an asterisk. The Customer is solely responsible for the authenticity and accuracy of the information entered. The personal information entered can be modified at any time by the client himself by logging into his account.
The account identifier is the Client’s e-mail address. The password is freely chosen by the Client, subject to the security criteria described at the time of selection.
The Client is solely responsible for the safekeeping and confidentiality of his login and password.
Whether or not the Client has chosen to create an account, in order to place an Order, the Client must fill in his/her virtual basket, indicating the Products selected and the quantities required.
Once the virtual basket has been filled, the Client must click on the logo symbolizing the basket and then on the “View Basket” button in order to view its contents. At this stage, the customer can remove items from the Shopping Cart or modify the quantities previously indicated.
Once the Shopping Cart has been checked by the Client, the latter can continue the ordering process by clicking on the “Place order and pay” button. It can then :
Before clicking on the “Order with payment obligation“ button, which implies a payment on your partThe Client can check the details of his Order and its total price and return to the previous pages to correct any errors or modify his Order.
Confirmation of the Order implies final acceptance of the Order and the related general terms and conditions of sale. Any modification of the Order is therefore subject to ELLADOS SHOP’s acceptance.
An e-mail acknowledging receipt of the Order and payment will be sent by ELLADOS SHOP immediately, to the e-mail address provided by the Client as part of the Order. Attached to this e-mail are a summary of the Order, the invoice to which are attached the General Terms and Conditions accepted by the Client as part of the Order, and a withdrawal form (the latter also being attached to the General Terms and Conditions).
Article 6: Proof of order
Orders placed on the Site, for an amount equal to or greater than 120 euros, are recorded for a period of 10 years from the date of the Order. Clients can consult them in their client area by logging into their account, or have access to them on request to ELLADOS SHOP.
In addition, as indicated in article 5, a confirmation e-mail is sent by ELLADOS SHOP to the Client, in order to confirm the Order.
Article 7: Prices – Payment – Invoicing
Ordering a Product by the Customer implies payment by the Client.
The prices of the products marketed by ELLADOS SHOP are indicated on the site in euros, inclusive of all taxes, but excluding shipping and handling costs. ELLADOS SHOP reserves the right to change prices at any time.
The prices applicable to the Order and any additional charges are those detailed when the Order is placed, prior to any confirmation by the Client. They are quoted in euros and include VAT.
Any discount or promotion can only result from an express mention on the Site.
Costs, such as Order processing costs or delivery costs, are detailed before the Order is confirmed, depending on the options chosen by the Client.
The Product Order is payable in cash upon confirmation of the Order by the Client. It can only be paid for by credit card. To this end, the client must provide ELLADOS SHOP with his credit card details, i.e. its number, expiry date and visual cryptogram. This information is collected by ELLADOS SHOP for the purposes of validating the Order and is not retained by ELLADOS SHOP after the Order has been executed, unless the Client wishes to save it, in which case he/she will be required to tick the corresponding box. In any case, the CVC is never kept by ELLADOS SHOP, in accordance with current regulations.
Clients are invited to contact their bank to find out the payment limits for this method of payment.
Article 8: Delivery – Transfer of risk
1. Delivery mode
The Client can choose between several delivery methods, either to their home address or to one of our partner outlets. The Client’s choice must be specified when placing the Order, and will affect the cost of delivery, in addition to the price of the Products.
Products ordered by the Customer on the Site will be delivered exclusively in mainland France (excluding Corsica and Monaco), in the French overseas departments and territories and in the following countries: Austria, Belgium, Denmark, Finland, Germany, Iceland, Italy, Lichtenstein, Luxembourg, Netherlands, Norway, Portugal, Spain, Sweden, Switzerland.
2. Delivery time
The delivery times mentioned in the General Conditions are valid under normal service conditions and for shipments made by the usual carriers chosen by ELLADOS SHOP.
If the processing of the Order (in particular due to the weight of the packages…) requires a particular routing solution, the delivery times will be specified at the time of the Order, before any confirmation of the Order by the Client.
Similarly, in the event of strikes by postal services, road hauliers (and more generally of any social disturbance), or climatic incidents, delivery times may be extended.
All delivery times below are for working days, excluding postal delivery problems and subject to product availability.
For any information concerning delivery, the Client is invited to contact ELLADOS SHOP.
2.1. For deliveries in mainland France
For Colissimo suivi shipments, the delivery time announced by the service provider is 48 to 72 working hours following the shipping date for all Orders placed before 11am, Monday to Friday.
or deliveries to Ici Relais, the delivery time to the relay point announced by the service provider is 48 hours from the date of dispatch for all Orders placed before 11 a.m. from Monday to Friday.
N.B: Relay points do not receive parcels on Saturdays, and since relay points are operated by merchants, they may have weekly closure days that are beyond the control of ELLADOS SHOP.
For Chronopost shipments, the express delivery time announced by the service provider and guaranteed by them is the next day for any order placed before 11 a.m. from Monday to Friday. The departures of Chronopost are ensured from Monday to Friday. However, no departures are ensured on Saturdays.
2.2. Other countries and Overseas Departments and Territories (DOM/COM)
For the European Union and Switzerland, deliveries are generally made within 7 business days (average observed times). For other countries and Overseas Departments and Territories (DOM/COM), delivery times vary depending on the distance and the carriers.
2.3. General rules
In the event of the Client’s absence at the time of delivery, a delivery notice will be left in their mailbox. The Client can then collect their parcel from the agency indicated on the delivery notice by presenting a valid ID and the delivery notice.
If the Client does not collect the parcel within 15 days, it will be returned to ELLADOS SHOP.
The deadlines mentioned in this Article 8.2 are the delivery times usually observed. ELLADOS SHOP is committed to delivering orders:
3. Transfer of risk
The transfer of risks will occur upon the Client’s receipt of the Order.
It is the responsibility of the Client to check the conformity of the delivered Products upon delivery and, if necessary, to make reservations at the time of delivery. In case of dispute, the Client is offered to confirm their reservations to ELLADOS SHOP in writing within three (3) days of receiving the Products.
Article 9: Legal guarantee of conformity
ELLADOS SHOP guarantees the lack of conformity of the delivered Product under the conditions set by articles L. 217-4 to L. 217-14 of the Consumer Code relating to the legal guarantee of conformity, without excluding the option given to the Client by article L. 217-13 of the same code to act based on the warranty against hidden defects under common law (articles 1641 and following of the Civil Code).
When the Client exercises the legal guarantee of conformity, they:
– will benefit from a period of two (2) years from the delivery of the Product to take action;
– may choose between repair or replacement of the Product, subject to the cost conditions provided by Article L.217-9 of the Consumer Code;
– will be exempt from providing proof of the conformity of the Product during the twenty-four (24) months following the delivery of the Product.
The conformity guarantee applies independently of any commercial warranties possibly granted by ELLADOS SHOP or by the manufacturers of the Products.
The Client may also decide to implement the warranty against hidden defects of the sold item as defined by Article 1641 of the Civil Code, and in this case, they may choose between canceling the sale or a price reduction in accordance with Article 1644 of the Civil Code.
In accordance with the provisions of Article 1648 of the Civil Code, the action for warranty against hidden defects of the sold item must be brought by the buyer within a period of one (1) year from the discovery of the defect.
Article 10: Right of withdrawal
1. Principle of the right of withdrawal
Except for the exceptions described in Article 10.2 below, the Client has a period of fourteen (14) days from the receipt of the Products to exercise their right of withdrawal from the Order.
The right of withdrawal can be exercised by the Client using the attached withdrawal form. However, any other form of withdrawal declaration is accepted, provided it is unambiguous and expresses the Client’s intention to withdraw.
The Client is required to return the products within fourteen (14) days following the communication of their decision to withdraw to ELLADOS SHOP.
ELLADOS SHOP will provide the return instructions to the Client, and the return costs will be covered by ELLADOS SHOP, which will provide the Client with any necessary return label for this purpose.
ELLADOS SHOP shall not be held liable for any deterioration of the Products during the return transport. If the returned Products were damaged during the return transport, then these Products would not be eligible for any refund in any form.
The refund of any sums paid, including delivery costs, by the Client will be made within fourteen (14) days from the date on which ELLADOS SHOP was informed of the Client’s decision to withdraw. However, ELLADOS SHOP may defer the refund until the products are recovered or until the consumer provides proof of shipment of the products, with the date chosen being the earliest of these events.
ELLADOS SHOP will process this refund using the same payment method used by the Client for their Order, unless the Client expressly agrees to use another payment method and provided that the refund does not incur any fees for the Client.
2. No right of withdrawal for certain Products
It is specified that under the 4th and 5th paragraphs of Article L.221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:
Therefore, for products consisting of food items, the Client is informed that the right of withdrawal cannot be exercised for the Products:
Article 11: Liability
ELLADOS SHOP’s liability cannot be incurred under any circumstances:
Article 12: Intellectual property
All elements present on the ELLADOS SHOP website and on its commercial documents (trade names, denominations, logos, photos, texts) are and remain the intellectual property and exclusive property of ELLADOS SHOP or their owners who have granted a license or authorization to ELLADOS SHOP.
The Client is not authorized to reproduce, exploit, redistribute, or use in any way, even partially, any of these elements without the express written consent of ELLADOS SHOP.
Article 13: Protection of personal data
As part of the Order, ELLADOS SHOP implements personal data processing and acts as the data controller. The information concerning this processing and the rights of the individuals concerned are detailed in the specific annex attached to the General Terms and Conditions.
In accordance with the provisions of Article L 223-2 of the Consumer Code, the Client is also informed of their right to register on a list to not receive telephone sales calls. In any case, in accordance with the provisions of the annex concerning the protection of personal data, the Client’s data may only be used by ELLADOS SHOP for commercial prospecting purposes subject to obtaining the prior express consent of the Client for this purpose.
Article 14: Applicable law
The applicable law is French domestic law.
Article 15: Disputes
Any claim must be addressed to ELLADOS SHOP, by postal or electronic means, at the address provided in Article 16 below, specifying the reference of the Order.
In accordance with Article L.612-1 of the Consumer Code, “every consumer has the right to resort free of charge to a consumer mediator for the purpose of amicably resolving the dispute with a professional.”
Disputes falling within the scope of the provisions of Article L.612-1 of the Consumer Code are defined in Article L.611-1 of the Consumer Code, namely disputes of a contractual nature concerning the execution of a sales order or the provision of services, involving a consumer and a professional.
For any difficulty, the Client is invited to contact ELLADOS SHOP beforehand, by postal or electronic means, at the address provided in Article 16 below.
Within one year following the Client’s request to ELLADOS SHOP, the Client may have their request examined by a mediator, whose contact details are provided below, in accordance with the provisions of Article R.616-1 of the Consumer Code:
SAS MEDIATION SOLUTION
222, Chemin de la Bergerie
01800 SAINT JEAN DE NIOST
Telephone : 04.82.53.93.06
email: contact@sasmediationsolution-conso.fr
website : https://sasmediationsolution-conso.fr
The same dispute can only be examined by one mediator.
As part of the mediation procedure, the Client may, at their own expense, be represented by a lawyer or assisted by any person of their choice.
The Client has the option to file a complaint via the European Online Dispute Resolution (ODR) platform accessible at the following address:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR
In the absence of an amicable resolution under the conditions mentioned above, any dispute relating to the Order shall fall under the jurisdiction of the competent courts under the Code of Civil Procedure.
Article 16 : Contact
ELLADOS SHOP
Postal address : 135 Avenue de Royat – 63400 CHAMALIERES
email : contact@www.ellados-shop.com
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