General Terms and Conditions
General Terms and Conditions of Sale of Rémy Cointreau France Distribution, a simplified joint-stock company (SASU) with a capital of 500,000 euros, registered with the Paris Trade and Companies Register under number 893391805, intra-community VAT number FR 49893391805, with its registered office at 21 Rue Balzac, 75008 Paris (hereinafter "Rémy Cointreau").
By accessing the Site, you acknowledge that you have read and accepted the Site's terms of use, available at: hautesglaces.com, these general terms and conditions of sale, and the personal data protection policy available at: hautesglaces.com/pages/politique-confidentialite
1. Purpose and scope of the general terms and conditions of sale
These general terms and conditions of sale apply to sales concluded between Rémy Cointreau and any natural person who has reached the minimum legal age to purchase alcohol (18 years old in France), or legal entity, acting as a consumer or non-professional, i.e., contracting solely for personal use and not for commercial resale or professional purposes (hereinafter "the Customer"), wishing to purchase products distributed by Rémy Cointreau (the "Products") via the online stores accessible at the following addresses (the "Sites"): hautesglaces.com
In accordance with article L.3342-1 of the French Public Health Code, the Customer declares to be of legal age at the time of sale and confirms, in the case of a purchase made by a third party, that the recipient is of legal age.
The online sale of Products is reserved for Customers wishing to have deliveries made in Metropolitan France (including Corsica) and Monaco only. For any request to ship these Products internationally, the Customer must directly contact the company's sales department: serviceclients@hautesglaces.com
2. Order placement and confirmation
Customers wishing to purchase Products via the Sites must complete the following steps:
· Select their Products by clicking on the desired Products and indicating the desired quantity.
· Follow the order and validation steps by clicking on the "order" button on the "cart" page.
· Create an account (optional) by filling in the identification form, on which they will indicate all mandatory fields (surname, first name, delivery address, billing address, phone number, email, etc.) o
· Accept the General Terms and Conditions of Sale by checking the box provided for this purpose after reading them. It is not possible to validate an order without this full and unreserved adherence to the general terms and conditions of sale specified on the Site. This checked box thus constitutes acknowledgment by the Customer of having perfect knowledge of them.
· Validate their order after checking it.
· Proceed with online payment for their order.
Rémy Cointreau will acknowledge receipt of the order by displaying a confirmation message which will notably mention the order number (simultaneous sending of an order summary email to the Customer).
Orders validated on the Sites contractually bind the Customer and Rémy Cointreau, serving as a signature and acceptance of the terms of the commercial transaction. Rémy Cointreau nevertheless reserves the right to suspend or cancel (i) any abnormally large order, (ii) any order that does not contain all the information necessary for product delivery, (iii) any order originating from a Customer with whom there is a dispute regarding payment for a previous order, or (iv) any order originating from a customer who does not have the capacity to contract. In this context, Rémy Cointreau reserves the right, before confirming an order, to ask the Customer to provide proof of their personal information. Failing to receive compliant supporting documents, Rémy Cointreau will be entitled to cancel the order. In all cases, the Customer will be informed by Rémy Cointreau.
3. Articles offered for sale
3.1. Stock
Products are offered within the limits of available stock. In case of total or partial unavailability visible on the Sites, please contact customer service (see article "Contact"). Rémy Cointreau also reserves the right not to validate an order in case of such unavailability.
In the event of delayed availability of Products beyond the delivery deadline indicated on the order confirmation, Rémy Cointreau will offer the Customer either to cancel their order, or, within the limits of available stock, to accept a Product of equivalent quality and price, or to wait for the availability and delayed delivery of the ordered Product.
In case of definitive unavailability of one or more ordered Products not indicated on the Site, the Customer will be informed as soon as possible and will have the option to cancel their order. In case of order cancellation by the Customer, Rémy Cointreau will refund the sums paid using the same payment method as that used for the order, within fourteen (14) days from the date of cancellation.
Rémy Cointreau reserves the right, at any time and at its sole discretion, to withdraw one or more Products from sale on the Site.
3.2. Product Description
Each Product presentation is accompanied by a description prepared by Rémy Cointreau. Photographs are not contractual and do not, under any circumstances, engage Rémy Cointreau's liability.
A change in labeling does not constitute a modification of a Product's characteristics.
4. Price and Payment
4.1. Prices are expressed in euros (€), duties included and all taxes included (TTC) taking into account VAT and other applicable duties in France on the day of the order. The prices indicated on the Sites are therefore only valid for French residents. Any change in the rates of said taxes may be reflected in the price of the Products.
Rémy Cointreau reserves the right to modify its prices at any time, and without notice, it being understood that the price displayed on the Site at the time of the order will be the one applicable to Customers. The prices indicated on the Sites do not include shipping costs, which are set according to the scale below.
Delivery methods and rates
Standard (via UPS) €8 (free for purchases of €120 or more)
Express (via UPS) €13
Delivery to a relay point (Mondial Relay) €6.50 (free for purchases of €120 or more)
Discounts and promotions cannot be combined and are limited to once per household (same name, same address).
Promotional codes cannot be combined: only one code can be used per transaction.
4.2 Payment for purchases at the all-inclusive price (taxes, order preparation, and delivery costs) is made by credit card (CB, Visa, Mastercard, Paypal) or by gift card, the purchase and use of which are described below.
Rémy Cointreau uses all means to ensure the confidentiality and security of data transmitted on the Sites. Online payment is made via the secure payment system STRIPE (www.STRIPE.com). As a payment security expert, STRIPE guarantees that sensitive data is transmitted and stored according to the highest security and quality standards.
To process the Customer's order payment, Stripe will request the following information: type of payment card (Visa, Eurocard, Mastercard, Paypal), payment card number, its expiration date, and its visual cryptogram, by explicit debit order from the account of the payment card holder.
The transaction is immediately debited from the Customer's bank card after verification of its data, upon receipt of the debit authorization from the issuing company of the bank card used by the Customer.
In accordance with Article L. 132-2 of the French Monetary and Financial Code, the commitment to pay by means of a payment card is irrevocable. By communicating their bank card information, the Customer authorizes Rémy Cointreau to debit their bank card for the amount corresponding to the All-Inclusive Price. In the event that the debit of the All-Inclusive Price is impossible, the Online Sale will be automatically cancelled and the Customer will be informed thereof.
5. Gift Card
5.1 Gift Card Purchase
The Gift Card is a payment method that allows its holder to pay for purchases, in one or more installments, on the Site, until its balance is depleted.
The Gift Card can only be purchased on the Site. This dematerialized Card can be credited with an amount ranging from 15 (fifteen) euros to 350 (three hundred and fifty) euros. The selected amount can only be paid by credit card. A Gift Card can only be credited once; it is therefore not possible to re-credit the Gift Card.
Once payment is validated, the Customer will receive their Gift Card code by email. No physical card will be sent.
The Gift Card cannot be exchanged, resold, or credited to a card or bank account.
In accordance with legal provisions, the Customer who purchases the Gift Card on the Site has a period of 14 (fourteen) days from the receipt of the Gift Card code to exercise their right of withdrawal. This option is only available on condition that the Gift Card has not been used, in whole or in part, before the expiry of this period.
The Gift Card is not nominative. It is up to the buyer to take the necessary measures to ensure the security of the Gift Card. Any theft or loss of the Gift Card will not give rise to compensation.
5.2 Use of the Gift Card
The Gift Card is only usable on the Site (or in the Domaine des Hautes Glaces physical store according to the conditions present in the store) by an adult natural person.
The Gift Card has a validity period of 12 (twelve) months from its activation date, which occurs upon the Customer's receipt of the Gift Card code by email. After this period, the Card can no longer be used and the remaining balance will be lost.
When purchasing a Product on the Site, if the balance on the Card is not sufficient to cover the amount of the order, the Customer may supplement it with another payment method provided for in article 4.2 of the GTC.
The Customer can contact customer service to find out the remaining balance on the Gift Card.
In the event of a valid return of all or part of an order paid in whole or in part with the Gift Card, the refund will be made to the Gift Card up to the amount actually paid with it. In the event that the refund should occur after the Gift Card's expiration date, it would then be made in the form of a voucher valid on the Site.
6. Delivery
6.1. Delivery is made by carrier to the address indicated by the customer when validating their order.
The Customer chooses a delivery address necessarily located in mainland France (including Corsica) or Monaco. The Customer is solely responsible for any delivery defect or delay due to a lack of indication or an error in entering information during the Order.
All costs incurred for re-shipping the Order, due to an error in entering information by the Customer during the Order, will be borne exclusively by the Customer.
Delivery times will be indicated to the Customer at the end of the Order process. In any event, the maximum delivery time, from the order confirmation, is 2 to 3 days depending on the availability of the ordered products.
6.2. The customer is obliged to check the good condition of the packages delivered to them and to make any reservations to the carrier on the reception slip before signing.
In case of reservations, even if they are indicated clearly, precisely and completely, they must be confirmed in writing by registered letter with acknowledgement of receipt to the Carrier within three calendar days from the delivery, in accordance with Article L 133-3 of the New Commercial Code.
In case of refusal of the parcel, the customer may, if they wish, ask the Carrier to return the parcel, which must be accompanied by a "theft report", of which the Customer will keep a copy. The Customer must also send a copy of this letter to the Seller. Failure to make a claim within the aforementioned period and according to the aforementioned terms extinguishes any action against the carrier and the Seller in accordance with Article L. 133-3 of the Commercial Code.
Rémy Cointreau is only responsible for direct and foreseeable damages. Rémy Cointreau's liability cannot be engaged after delivery to the Customer, and without any reservation on their part.
6.3. In case of Delivery delay, the Order is not cancelled. The Seller informs the Customer by email that the Delivery will be delayed.
In the event that the Order has not yet been shipped when the Seller receives the Customer's cancellation notice, the Delivery is blocked and the Customer is reimbursed for any sums debited within thirty days following receipt of the cancellation notice. In the event that the Order has already been shipped when the Seller receives the Customer's cancellation notice, the Customer may still cancel the Order by refusing the package. The Seller will then reimburse the debited sums and the return costs incurred by the Customer within thirty days following receipt of the returned package, complete and in its original condition.
7. Retention of title
Rémy Cointreau expressly reserves ownership of the Products subject to the sale until full payment of the price by the Customer and its actual receipt by Rémy Cointreau.
8. Right of withdrawal
8.1. Orders are firm, final, and not subject to modification or cancellation, except under the conditions set forth in this Article 7;
8.2. The Customer has the right to withdraw from this contract without giving any reason within fourteen days from the physical possession of the order by the Customer or a third party designated by the Customer. If this period expires on a Saturday, Sunday, or a public holiday or day off, it is extended until the next working day.
By way of exception, in accordance with article L.221-28 of the French Consumer Code, when ordered Products are sealed, these products, once unsealed by the consumer after delivery, are exempt from the right of withdrawal and cannot be returned for reasons of hygiene or health protection.
Similarly, returned Products that have been opened or whose label has been damaged, that are incomplete, damaged, or soiled will not be accepted. Any Product that has undergone a transformation will not be refunded or exchanged.
8.3. To exercise the right of withdrawal, the Customer must notify Rémy Cointreau, whose contact details are specified in the "Contact" article, of their decision to withdraw from this contract by means of an unambiguous declaration (for example, letter sent by post, fax or email) and must return the Products within the aforementioned period, in their original packaging, complete, new, it being specified that the return costs are borne by the Customer.
8.4. In the event of withdrawal by the Customer, Rémy Cointreau will refund all payments received, including delivery costs (with the exception of additional costs arising from the fact that the Customer has chosen, where applicable, a delivery method other than the less expensive standard delivery method offered) upon recovery of the goods or until the Customer has provided proof of shipment of these goods, the date retained being that of the first of these facts. Rémy Cointreau will proceed with the refund using the same means of payment as that used for the initial transaction, unless expressly agreed otherwise; in any case, this refund will not incur any costs for the Customer other than the return costs.
9. Legal Warranty
The Seller is bound by the legal guarantee of conformity as defined in articles L. 217-4 et seq. of the French Consumer Code and by the guarantee against hidden defects as defined in articles 1641 to 1649 of the French Civil Code under the conditions provided for by said texts.
The consumer has a period of two (2) years from the delivery of the goods to claim the legal guarantee of conformity in the event 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 of its appearance.
When the contract for the sale of goods provides for the continuous supply of digital content or a digital service for a period exceeding two (2) years, the legal guarantee applies to this digital content or digital service throughout the planned supply period. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or digital service and not the date of its appearance.
The legal guarantee of conformity obliges the professional, where applicable, to provide all necessary updates to maintain the conformity of the goods. The legal guarantee of conformity gives the consumer the right to repair or replace the goods within thirty (30) days following their request, free of charge and without major inconvenience for them.
If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six (6) month extension of the initial guarantee.
If the consumer requests repair of the goods, but the seller imposes replacement, the legal guarantee of conformity is renewed for a period of two (2) 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 being fully reimbursed upon return of the goods if:
1° The professional refuses to repair or replace the goods;
2° The repair or replacement of the goods occurs after a period of thirty (30) days;
3° The repair or replacement of the goods causes a major inconvenience for the consumer, particularly when the consumer definitively bears the costs of taking back or removing the non-conforming goods, or if they bear the installation costs of the repaired or replacement goods;
4° The non-conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.
The consumer also has the right 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 an immediate price reduction or contract termination. The consumer is then not required to request repair or replacement of the goods beforehand.
The consumer does not have the right to terminate the sale if the lack of conformity is minor.
Any period of immobilization of the goods for repair or replacement suspends the remaining guarantee until the delivery of the repaired goods.
The rights mentioned above result from the application of articles L.217-1 to L.217-32 of the Consumer Code.
A seller who in bad faith obstructs the implementation of the legal guarantee of conformity incurs a civil fine of a maximum of three hundred thousand euros (€300,000), which can be increased to ten percent (10%) of the average annual turnover (article L.241-5 of the Consumer Code).
The consumer also benefits from the legal guarantee against hidden defects under articles 1641 to 1649 of the Civil Code, for a period of two (2) years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the goods are kept or to a full refund upon return of the goods.
10. Claims and returns under warranties
10.1. Non-conformity to the Order The Customer has a period of five (5) calendar days from the delivery of the Products to return non-conforming Products to Customer Service. Any non-conforming Product must be returned in its original, unopened packaging, accompanied by a copy of the invoice and any other documents provided.
The consumer will be reimbursed for return postage costs no later than thirty days after receipt of the product by Rémy Cointreau.
10.2. Return of defective Products
In the event of defective products, the Customer must contact Customer Service at the contact details mentioned in the "Contact" article of these T&Cs within seventy-two (72) hours from the receipt of the Products, without neglecting, if necessary, any possible recourse against the carrier.
11. Force majeure
Rémy Cointreau is entitled to cancel any order, and is notably released from any obligation, in the event of force majeure or non-compliance with deadlines by its own suppliers or principals, natural disasters, acts of government, preventing, according to forecasts, either the manufacturing or the delivery of supplies. Force majeure events notably include: strikes, fires, floods, equipment or tool accidents, pandemics, transport interruptions or any other internal or external changes preventing the normal and foreseen execution of sales.
12. Intellectual property
All technical documents, products, drawings, photographs given to Customers remain the exclusive property of Rémy Cointreau, the sole owner of the intellectual property rights on these documents, and must be returned to it upon request.
The Customer undertakes not to make any use of these documents likely to infringe the industrial or intellectual property rights of Rémy Cointreau and undertakes not to disclose them to any third party.
13. Dispute Resolution - Mediation
Any dispute relating to the interpretation and execution of the T&Cs is subject to French law.
In accordance with articles L. 111-1, L. 612-1 and L. 616-1 of the Consumer Code, the Customer is informed that they can resort free of charge to a consumer mediator for the amicable resolution of the dispute with Rémy Cointreau, after having attempted to resolve the dispute with Rémy Cointreau through a written complaint.
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 https://ec.europa.eu/consumers/odr and the possibility of using it to resolve their dispute through an extrajudicial dispute resolution entity.
14. Enforceability and modification of the T&Cs
Enforceability: The T&Cs are enforceable against the consumer who acknowledges, by ticking a box provided for this purpose, having read and accepted them without reservation before placing an order.
Nullity and Modification: The nullity of a contractual clause does not entail the nullity of the General Terms and Conditions of Sale.
Rémy Cointreau reserves the right to modify these General Terms and Conditions of Sale, it being understood that such modifications will be inapplicable to orders placed prior to these modifications.
15. Competent jurisdiction
Any dispute that could not be settled amicably or through mediation will fall within the exclusive jurisdiction of the French courts.
16. Contact
For any information, complaint or question relating to these general terms and conditions of sale, the Customer may contact Rémy Cointreau Customer Service at the following contact details:
- by phone (Monday to Friday, from 9 am to 12 pm and from 2 pm to 5 pm) at 02 41 31 50 22.
- by email: serviceclients@hautesglaces.com
