GENERAL CONDITIONS OF SALE AND USE

ARTICLE 1 - SCOPE OF APPLICATION

1.1 Definitions:

These general conditions of sale ("GTC") apply exclusively, without restriction or reservation, to online sales concluded between the company AperoCity33 and consumers and non-professional buyers ("Customers") wishing to acquire the products it offers. for sale on the website https://AperoCity33.fr (“the Products”) and described in article 2.

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1.2 Enforceability:

The GTC constitute with the online order the contractual documents opposable to the parties, to the exclusion of all other documents, which cannot engage the responsibility of the company AperoCity33.

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1.3 Validation:

Customers are required to read these GTC before placing an order.

These T & Cs are accessible at any time at the address https://AperoCity33.fr and shall prevail, where applicable, over any other version or any other contradictory document.

The Customer declares to have read these GTC as well as the general conditions of use of the website https://AperoCity33.fr before placing an order. The validation of the order by the Customer constitutes acceptance without restriction or reservation of these GTC.

Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer. Information relating to all orders is stored and archived for a period of 10 years and can be used as proof in the event of a dispute. Access is guaranteed to the Client at any time if the latter so requests in writing.

1.4 Geographic information:

The contact details of AperoCity33 are as follows: (To be completed). Affiliated companies are independently registered in their operating department.

The Products presented on the wepApp https://AperoCity33.fr are offered for sale in the agglomerations of the following cities:

Bordeaux; Eysines; Merignac; Begles; Lormont; Cenon. The GTCs applicable to delivery are available at the following address https://AperoCity33.fr

These T & Cs are drawn up as well as all the contractual information mentioned on the site in French.

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1.5 Modification:

These T & Cs may be subject to change at any time, the version applicable to the Customer's purchase is the one in force on the website on the date the order is placed, the conservation and reproduction of which are ensured by the seller. professional and a copy of which dated to date can be given to the Client at his request.

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ARTICLE 2 - PRODUCTS

2-1 Features:
The Products are the subject of an information sheet accessible by clicking on the photograph which represents them or their name, listed below. This information is intended, without being exhaustive, to inform Customers as fully as possible about the essential characteristics of the Products.

The illustrations or photographs of the Products are only indicative and have no contractual value.

2-2 Availability - Stocks:
Product offers are valid, in the absence of a specific duration indication, as long as they are visible on the site and within the limit of stocks available per delivery person.
In the event of unavailability of the Product ordered, the company AperoCity33, or any person it has appointed to do so, immediately informs the Customer and may offer him a replacement of a product of equivalent quality and price or, failing this, a purchase voucher for the amount of the order usable for any next order. In the event of the Customer's disagreement, AperoCity33 will reimburse the amounts paid within 15 days.

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ARTICLE 3 - PRICES

The Products are supplied at the current prices appearing on the website https://AperoCity33.fr, when the order is registered by the company AperoCity33. On the information sheets, the prices are expressed in Euros and all taxes included (TTC), excluding payment and delivery costs mentioned when placing the order and invoiced in addition. The delivery costs depend on the chosen delivery area.

The total amount owed by the Customer includes all costs and is indicated on the order confirmation page. It also takes into account the promotional code used by the Customer.

The sale price of the Product (firm and not revisable) is that in force on the day of the order, the company AperoCity33 reserving the right to modify the prices at any time, while guaranteeing the Customer the application of the price in force. on the day of the order.

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ARTICLE 4 - ORDER - CONTRACT

4-1 Order:
The Customer declares to have the capacity required to contract and acquire the Products, in particular to be of legal age, where applicable, to purchase alcoholic beverages.

The company reserves the right to refuse the execution of an order from a Customer refusing to produce an official identity document proving that he has majority.

The Customer is required to refer to the description of each Product in order to know its properties and essential features.

Product offers are understood within the limits of available stocks, as specified when placing the order and in application of article 2.2.

Orders are made through the webApp accessible at https://AperoCity33.fr and on iOS and Android. When ordering, the Customer indicates the information necessary for the delivery (email address, telephone number, first name, last name). At this time he confirms ordering from a personal home and to consume there.

The company reserves the right to cancel or refuse any order for legitimate reasons, in particular:

if there is a dispute with a customer relating to the payment of a previous order,
if the Client is a minor,
if the Client is too alcoholic,
if the Client is violent,
if it is not at a personal home address.

4-2 Contract:
The confirmation of the order by the Customer constitutes the formation of a contract between the Customer and the company AperoCity33 and entails the acceptance of these GTC.

The archiving of communications, purchase orders and invoices is carried out on a reliable and durable medium in order to constitute a faithful and durable copy. These communications, purchase orders and invoices can be produced as proof of the contract.

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ARTICLE 5 - TERMS OF PAYMENT

The price is payable in cash, upon placing the order by the Customer, by secure payment, by bank cards only (Visa, MasterCard, American Express). It is done immediately when ordering. Payment data is exchanged in encrypted mode using SSL protocol. The secure payment process is provided by Stripe, a recognized electronic payment intermediary.

In addition, the company AperoCity33 reserves the right, in the event of non-compliance with the terms of payment appearing above, to suspend or cancel the delivery of orders in progress made by the Customer.

ARTICLE 6 - DELIVERIES

Delivery consists of the transfer to the Customer of physical possession of the Product.

6-1 Place of delivery:
The Products ordered by the Customer will be delivered to the address indicated by the Customer when ordering on the website https://AperoCity33.fr.

6-2 Delivery time:
Delivery times are indicative and correspond to the average processing and delivery times observed (30 minutes).

6-3 Terms of delivery:
Delivery is made by handing over the product directly to the Customer. If the Customer is not at the address and at the time he indicated when ordering or if the customer cancels the order after taking charge of the delivery person, the delivery person will leave with the product and reimburse the Product. ordered in accordance with the terms set out in article 2.2, but cancellation penalties will be applied: 9 euros corresponding to delivery costs and management costs.

The Customer is required to check the condition of the Products delivered in the presence of the deliverer and, in the event of damage or missing items, to serve it and accept a voucher, and possibly to refuse the product and to notify the company. AperoCity33. If the Customer does not become aware of the damage until after the delivery person has passed, he will not be able to assert the right to a refund or any compensation.

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6-4 Transfer of ownership - Transfer of risk

The transfer of ownership of the Products from AperoCity33 to the benefit of the Customer will only be carried out after full payment of the price by the latter, regardless of the date of delivery of said Products. Whatever the date of the transfer of ownership of the Products, the transfer of the risks of loss and damage relating thereto will only be carried out when the Customer takes physical possession of the Products. The Products therefore travel at the risk and peril of AperoCity33. The Customer undertakes, as long as the property has not been transferred to him, to take all the necessary precautions for the good conservation of the products.

ARTICLE 7 - LEGAL GUARANTEE OF CONFORMITY AND GUARANTEE OF HIDDEN DEFECTS

The Products benefit as of right and without additional payment in accordance with legal provisions:

of the legal guarantee of conformity, for Products which are apparently defective, damaged or damaged or do not correspond to the order. It is recalled that within the framework of the legal guarantee of conformity:
the Customer has a period of two years from the delivery of the Product to take action against the company AperoCity33;
• can choose between repairing or replacing the Product ordered. However, AperoCity33 may not proceed according to the Customer's choice if this choice entails a manifestly disproportionate cost with regard to the other modality, taking into account the value of the good or the importance of the defect. It is then required to proceed, unless this is impossible, according to the method not chosen by the Customer. If the repair or replacement of the Product is impossible or does not take place within a period of one month following the Customer's complaint or causes him a major inconvenience, the latter may return the good and be refunded the price or keep it and to have part of the price returned;
• is exempt from providing proof of the existence of the lack of conformity of the Product during the six months following its delivery.
the legal guarantee against latent defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use. It is recalled that the Customer may decide to implement the guarantee against hidden Product defects in accordance with article 1641 of the Civil Code; in this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with 1644 of the Civil Code.
In order to assert his rights, the Customer must inform AperoCity33, in writing, and return the defective Products in the state in which they were received with all the elements (accessories, packaging, etc.). Shipping costs will be reimbursed on the basis of the invoiced price and return costs will be reimbursed upon presentation of supporting documents.

Potential reimbursements for Products deemed to be non-compliant or defective will be made as soon as possible and no later than 14 days following the finding by AperoCity33 of the lack of conformity or the hidden defect. The refund will be made by credit to the Customer's bank account or by check sent to the Customer.

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ARTICLE 8 - EXEMPTION OF RESPONSIBILITY OF THE COMPANY AperoCity33

The responsibility of the company AperoCity33 can not be engaged in the following cases:

non-compliance of the product with the legislation of the Customer's country to which it is the responsibility of verifying whether the product is not prohibited for sale in his country (in this case, France),
in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, such as in the event of normal wear and tear of the Product, accident or force majeure.
In the event of damage caused by a product safety defect, the Customer must seek the liability of the manufacturer identifiable from the information mentioned on the product packaging.

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ARTICLE 9 - DATA PROCESSING & FREEDOMS - PERSONAL DATA
The Customer's personal data are collected in particular to allow AperoCity33 to process their order and establish an invoice. In the absence of information from the Customer, the order cannot be processed.

They can be communicated to any partners of the company AperoCity33 responsible for the execution, processing, management and payment of orders but are not sent to recipients located outside the European Union.

The processing of information communicated through the website https://AperoCity33.fr respects the regulations on data protection (RGPD).

The Customer has, at any time, a right of access, rectification, and opposition to all of his personal data.

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ARTICLE 10 - MEDIATION
10-1 Prior complaint:
In the event of a dispute, the Customer must first contact the customer service of AperoCity33 by email at support@AperoCity33.fr

10-2 Request for mediation:
In the event of a complaint that is not resolved amicably, the Customer may submit the dispute relating to the order form or these T & Cs opposing it to the company AperoCity33 to a mediator, with complete independence and impartiality, to bring the parties together in order to reach an amicable solution. This mediator will be chosen by AperoCity33 and validated by the Client. The mediator must have a master's degree in law and 3 years of relevant professional experience.

The parties to the contract remain free to accept or refuse recourse to mediation as well as, in the event of recourse to mediation, to accept or reject the solution proposed by the mediator.

ARTICLE 11 - APPLICABLE LAW - COMPETENT COURT
These GTC and the operations resulting from them are governed by and subject to French law and de facto, to Community law in all its fullness.

All disputes to which these T & Cs or the purchase and sale transactions concluded in application of these T & Cs could give rise, concerning their validity, interpretation, execution, termination, consequences and consequences and which would not have that could be resolved between AperoCity33 and the Customer will be submitted to the competent courts under the conditions of common law.