General terms of sale

1Identification of the seller

The specialites-ta.com website is an e-commerce website belonging to the company SPECIALITES T A (hereinafter “Spécialités T.A.”), a French public limited company with a board of directors and share capital of €182,938, registered with the Trade and Companies Register of Saint-Quentin under number 672 039 948, intra-Community VAT number FR76672039948, whose registered office is at 41 bis rue de Laon, 02150 Sissonne, France. The website offers for sale a selection of the items marketed by Spécialités T.A.

The website is hosted by Web Réponses, 5 rue du Lieutenant Vittoz, 69140 Rillieux-la-Pape, France. Publication director: Patrick Guinard.

2Definitions

For the purposes of these general terms of sale, a customer is any natural or legal person who orders, in a professional capacity or as a consumer, an item offered for sale by Spécialités T.A. through its website.

The seller of the items offered for sale on the specialites-ta.com website is Spécialités T.A., identified above.

3Purpose of these general terms of sale and scope

These general terms of sale apply without restriction or reservation to all items offered for sale by Spécialités T.A. on its website specialites-ta.com. Their purpose is to define the rights and obligations of the parties in connection with the online sale of the items offered by Spécialités T.A., and they have contractual value. They are accessible at any time on the specialites-ta.com website and shall, where applicable, prevail over any other document prior to the purchase. We strongly recommend that you print them when you make your purchases and keep them.

These general terms of sale are drafted in French and apply in mainland France and in the rest of the world. As they exist in French only, you declare that you understand French and all the provisions of these terms.

4Product characteristics

Items are sold on the specialites-ta.com website in compliance with the French legislation in force and the standards applicable in France. Spécialités T.A. describes the essential characteristics of the items offered for sale on their product sheets. The item offered for sale is accompanied by one or more photographs which, despite all the precautions taken by Spécialités T.A., may show minor differences from the item offered for sale, which may result from the shooting distance, the processing of the photographs and the way data is transmitted and displayed on the customer's screen. Spécialités T.A. cannot be held responsible for this.

Personalised bottles are also subject to the special provisions of article 15.

5Orders – Stock

5.1 Automatic recording systems are deemed to constitute proof of the nature, content and date of the order. Electronic validation of the order generates an automatic acknowledgement of receipt of the order to the customer. The customer acknowledges having read the general terms of sale when placing the order (tick box before payment) and expressly declares that they accept them without reservation.

5.2 The information provided by the customer when placing the order is binding on the customer. In the event of an error in the customer's contact details, the seller cannot be held responsible for the impossibility of delivering the product. In this case, the customer remains liable for the total amount of the order and the shipping costs incurred to deliver it. The seller reserves the right to cancel any order from a customer with whom there is a dispute relating to the payment of a previous order. The seller reserves the right not to accept or to cancel any order for any reason it considers legitimate, in particular for any risk related to shipping or payment, without having to justify itself. Notice would be given to the customer by e-mail.

5.3 If the product ordered by the customer is unavailable, the seller will inform the customer immediately, and the customer will be able:

• to have a product of equivalent quality and price to the unavailable product delivered. In this case, the return costs resulting from any exercise by the customer of their right of withdrawal provided for in article 6 below are borne exclusively by the seller;
• to be refunded without delay, and at the latest within 14 days of payment, the sums paid for the unavailable product.

6Withdrawal period

The customer has a period of 14 clear days, from receipt of their purchase, to notify Spécialités T.A. of their wish to withdraw by means of an unequivocal statement (for example, a letter sent by post or an e-mail), without having to give reasons or pay penalties.

Withdrawing online. The customer may declare their withdrawal directly on the website, without having to log in, using the “Return my order (withdrawal)” function (specialites-ta.com/renoncer-au-contrat), accessible from the bottom of every page and from the “My account” section. An acknowledgement of receipt, stating the content of the declaration and the date and time of its receipt, is sent to the customer without delay by e-mail.

Where several products are ordered by the customer in a single order and delivered separately, the withdrawal period starts, for each product, on the day the customer (or a third party other than the carrier and designated by the customer) takes physical possession of each product. Where goods consist of multiple lots or pieces, the withdrawal period starts on the day the customer (or a third party other than the carrier and designated by the customer) takes physical possession of the last lot or piece.

Exception: in accordance with article L. 221-28, 3° of the French Consumer Code, the right of withdrawal cannot be exercised for goods made to the customer's specifications or clearly personalised, in particular personalised bottles (article 15).

The cost of returning the product remains, however, payable by the customer. Any product must be returned by the customer in its original packaging, intact, within 14 days of notifying their wish to withdraw. Before returning the product, the customer may, if they wish, contact the seller by e-mail at [email protected] so that the seller can give them a return number to include with the returned product.

Products are to be returned to the following postal address: Spécialités T.A., 41 bis rue de Laon, 02150 Sissonne, France. Products must be returned to the seller by any means, postal or otherwise.

Reimbursement of all sums paid, including delivery costs, is made at the latest within 14 days from the date on which Spécialités T.A. is informed of the customer's decision to withdraw, using the same means of payment as that used for the order. Spécialités T.A. may defer the refund until it has received the product back or until the customer has provided proof of having sent it, whichever occurs first.

7Delivery

Delivery will be carried out by Chronopost or any other carrier chosen by Spécialités T.A. in mainland France and worldwide. The items ordered by the customer are delivered by us within 2 working days at the latest (excluding Fridays, Saturdays, Sundays and public holidays), once we have received the customer's order and express confirmation of payment. Personalised bottles are delivered within the time provided for in article 15.

It is the customer's responsibility to check the condition of the goods on delivery. This check must cover the references, quantities, quality of the goods and conformity with the order.

Any risk of loss or damage to the goods passes to the consumer when the consumer, or a third party designated by them and other than the carrier offered by Spécialités T.A., takes physical possession of the goods.

A document explaining how to exercise the right of withdrawal will be enclosed in the parcel, together with a copy of the withdrawal form and an invoice or delivery note.

The seller expressly reserves the right to suspend any delivery:

• where the non-performance or faulty performance of the contract is attributable to the customer, in particular if the customer fails to comply with the payment terms agreed with the seller, or if the customer makes an error in giving their contact details that makes delivery impossible;
• in the event of force majeure or unforeseeable and unavoidable events such as, in particular: industrial disputes, epidemics, wars, requisition, fire, flood, interruption of or delays in transport, or any interruption of or ban on exports imposed by the government.

8After-sales service

If a product is faulty, the customer will send their claim by e-mail to the after-sales service at [email protected], which will give them a return number for sending back the product. The customer will return the product, if possible in its original packaging, to the address given in article 6.

The product is replaced after our bank has confirmed the customer's payment and it has been recorded in our books, within a maximum of 14 days from receipt of the product, without prejudice to the legal guarantees set out in article 11.

The customer remains liable for any depreciation of the products resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of these products.

9Prices

Prices are expressed in euros and do not include shipping costs. Shipping costs appear in the “basket”, before you enter your delivery details and before payment. The price shown in the “basket” is the final price, including all taxes (VAT included) for France and the countries of the European Union, and excluding taxes for other countries.

This total price includes the price of the products, handling and packaging costs and shipping costs. Any local customs charges are to be paid directly by the recipient.

The accepted means of payment are indicated on the website at the start of the ordering process.

10Payment

The price invoiced is the price shown in the “basket”. The order is payable in cash, online, by one of the following means, offered by our secure payment solution PrestaShop Checkout, backed by PayPal: bank card (CB, Visa, Mastercard), Apple Pay, Google Pay, PayPal, or payment in four instalments by bank card (“CB in 4 instalments”), subject to PayPal's acceptance of the application and to the applicable minimum and maximum amounts. The means of payment actually available are those displayed at the payment step of the order.

This is a secure payment: the transaction is encrypted (SSL) and authenticated by the customer's bank (3D Secure) when the bank requires it. Payment details are entered directly with PayPal: Spécialités T.A. never has access to the customer's bank card number and does not store it.

In the case of payment in four instalments, the order amount is paid in four instalments, under the conditions presented by PayPal at the time of payment. Acceptance of payment in instalments is up to PayPal.

The order validated by the customer will only be considered effective once the payment centres concerned have given their approval. If payment is refused, the order will not be sent to our processing centre and will therefore not be delivered. The customer is informed on screen and by e-mail.

11Guarantees

The products sold on the website benefit from the legal guarantee of conformity (articles L. 217-1 et seq. of the French Consumer Code) and the legal guarantee against hidden defects (articles 1641 to 1649 of the French Civil Code). For consumer customers, these guarantees apply under the conditions set out below:

The notice opposite, drawn up by the European Commission, summarises these rights. It applies to all goods sold in the European Union; you will also find it on the Legal guarantee page of the website.

Learn more: europa.eu/youreurope/garanties.

To apply these guarantees, the customer contacts our after-sales service:

• by e-mail: [email protected];
• by telephone: +33 (0)3 23 21 60 35;
• by post: Spécialités T.A., 41 bis rue de Laon, 02150 Sissonne, France.

Spécialités T.A. does not guarantee product wear, nor handling errors or non-compliant use of its items.

The European notice summarising the consumer's rights under the legal guarantee of conformity is reproduced on the Legal guarantee page and attached to the order confirmation e-mail.

12Disputes

These general terms of sale and the purchase and sale transactions arising from them are governed by French law.

In the event of difficulties in applying these terms, the customer and the seller may, before any legal action, seek an amicable solution. It is recalled that seeking an amicable solution does not interrupt the period of the legal guarantee or of the contractual guarantee.

In the event of a dispute, the customer may contact our company:

• by e-mail: [email protected];
• by telephone: +33 (0)3 23 21 60 35;
• by post: Spécialités T.A., 41 bis rue de Laon, 02150 Sissonne, France.

Consumers: in accordance with articles L. 612-1 and L. 616-1 of the French Consumer Code, the consumer may use a consumer mediator free of charge to seek an amicable resolution of a dispute with Spécialités T.A., after first sending a written complaint to Spécialités T.A.:

In the event of a dispute that cannot be settled amicably, concerning the validity, interpretation, performance, consequences and effects of these general terms of sale, the French courts shall have sole jurisdiction.

IF THE CUSTOMER IS A TRADER, DISPUTES WILL BE BROUGHT BEFORE THE COMMERCIAL COURT OF PARIS.

13Personal data

13-1 General description of the processing

The data controller is Spécialités T.A., whose contact details are set out in article 1.

The information collected for the purposes of distance selling is essential to process orders, deliver them and issue invoices. Failure to provide it means the order cannot be validated.

The legal basis for the processing is therefore the contract between Spécialités T.A. and the customer.

The recipients of the data are, internally, the members of the sales department of Spécialités T.A. and, externally, the service providers who need it to fulfil the order or run the website: transport, payment, hosting and delivery of the website.

13-2 Data retention period

Customers' personal data will be kept for a maximum of 5 years from delivery of the product.

The personal data of a prospect who is not a customer will be kept for 3 years from their last contact with Spécialités T.A.

13-3 Rights of individuals

In accordance with Regulation (EU) 2016/679 on the protection of personal data and French Act no. 78-17 as amended (“Informatique et libertés”), each customer has, at any time, the right to access, rectify and, where there are legitimate grounds, erase, restrict and object to the processing of their data. They also have the right to data portability and the right to withdraw their consent to the processing of their data. Finally, the customer may give instructions regarding what happens to their data after their death. The customer may exercise these rights or ask questions by writing to Spécialités T.A., whose contact details are set out in article 1, or by e-mail: [email protected].

If they are not satisfied, the customer may lodge a complaint with the CNIL (www.cnil.fr).

13-4 Transfer of data abroad

Spécialités T.A. does not transfer customers' data to third parties established outside the European Economic Area, apart from the technical transit through its delivery provider Cloudflare, a processor acting on the basis of the European Commission's standard contractual clauses (see the legal notice).

14Intellectual property

Spécialités T.A. holds the intellectual property rights in the website and the right to distribute the items featured in the online shop catalogue, in particular the photographs. Consequently, any full or partial reproduction of the website, and of all the elements it contains, is strictly prohibited.

Any reproduction or use of the elements of the website would constitute a breach of intellectual and industrial property regulations.

The products themselves and the trademarks are also protected by national and international intellectual property provisions.

Spécialités T.A. reserves the right to take legal action against any person who infringes its rights and these general terms.

15Personalised bottles: special provisions

Personalised bottles are made to order, according to the design, colours and quantities chosen by the customer. The conditions below supplement the preceding articles; they reproduce those shown on the personalised bottle product pages.

• Models: PRO 600 ml or MAX 800 ml bottle.
• Minimum quantity: 125 bottles of each model. Mixing of bottle colours for the same print is possible, from 50 bottles per colour.
• Printing: screen printing, in 1 to 5 colours from the Spécialités T.A. colour range, over an area 85 mm high and 230 mm long going around the bottle, apart from a strip of about 6 mm.
• Proof (“bon à tirer”): every order is confirmed by the signature of a proof. In the event of a dispute, only the signed proof is accepted as a reference.
• Delivery time: 1 to 3 weeks depending on the time of year, from receipt of the customer's acceptance of the proof.
• Quantity delivered: for screen printing, deliveries over or under the quantity ordered by a tolerance of plus or minus 5% are deemed acceptable, at the unit price of the order. The order is deliverable in one go, to one place and in one name.
• Right of withdrawal: as personalised bottles are made to the customer's specifications, they do not benefit from the right of withdrawal (article L. 221-28, 3° of the French Consumer Code) and are neither taken back nor exchanged, except for a defect covered by the legal guarantees (article 11).
• Trademarks and graphics: Spécialités T.A. accepts no responsibility for the trademarks or graphics it reproduces on its customers' instructions, who must satisfy themselves that they are not infringing.
• Artistic property: all documents (sketches, texts, drawings, mock-ups, plans, etc.) supplied by Spécialités T.A. remain its exclusive property, unless otherwise agreed in writing, even if these documents have been invoiced in whole or in part. They may not be used without the written authorisation of Spécialités T.A.