Terms and Conditions of Sale (CGV) — SHAK.R Cocktails

 

These Terms and Conditions of Sale (“T&Cs”) govern all sales made by SPIRIBAM SAS (the “Seller”) via the website www.shakr-cocktails.com (the “Site”) to consumers (the “Customer(s)”) who order one or more products offered on the Site (the “Product(s)”). The T&Cs exclude all other conditions, including those applicable to in‑store sales or through other channels. They are accessible at any time on the Site and prevail, where applicable, over any other version or conflicting document. The Seller may amend these T&Cs at any time; the version applicable is the one in force on the date the Customer places the order. By ticking the box “I have read and accept the Terms and Conditions of Sale without reservation,” the Customer confirms legal capacity and acceptance. Sales on the Site are intended for consumers only; the Seller may cancel abnormal orders (e.g., quantities exceeding usual consumer needs or unusual order flows to the same billing/shipping address).

Article 2 – Seller Identity

SPIRIBAM SAS, a simplified joint-stock company with share capital of €500,000, registered office at 92 avenue Kléber, registered with the RCS Fort‑de‑France under number 489 113 092. Phone: 01.43.59.02.88 – Email: contact.shakr@gbh.fr. Business activity: marketing of rum and, more broadly, alcoholic beverages.

Article 3 – Products Offered for Sale

Products are offered for sale exclusively in mainland France. Products/services are available at the prices and conditions shown on the Site at the time of ordering. The list and features may be modified at any time to better meet Customer expectations; Customers must review them before ordering. Promotional items are offered while stocks last and only for the stated promotional period. Upon order validation, the Seller confirms availability. In the event of an exceptional stock‑out, the Seller will notify the Customer by email as soon as possible; the Customer may choose partial delivery (with refund for undelivered items) or cancel the order for a full refund including shipping.

Article 4 – Prices

Prices are shown in euros, all taxes included (VAT and product‑specific taxes) and correspond to the rates in force on the Site on the day of the order. They appear on each Product page and in the order summary. Any temporary reductions are already reflected. Prices are firm and non‑revisable during their validity period; outside that period, the Seller may change prices at any time. Shipping fees are extra and shown before the order is finalized.

Article 5 – Orders

To order, the Customer creates an account (name, date of birth, mailing address, phone, email). A valid email and password are required. Order steps: (i) validate basket → (ii) choose delivery → (iii) pay → (iv) receive confirmation email (which forms the sales contract). The Seller may refuse an order for a legitimate reason (supply issue, ambiguous order, foreseeable delivery issue, abnormal quantities, bank refusal, etc.). Once confirmed, an order cannot be modified under these T&Cs.

Article 6 – Payment

Accepted methods: Carte Bleue, Visa, Mastercard (issued by a bank/financial institution in mainland France). The amount is debited once the order is prepared and dispatch has started. Payments are processed via Stripe with encrypted transmission; the Site never stores card numbers.

Article 7 – Delivery & Receipt

Deliveries in mainland France only. Indicative timeframes: standard home delivery by Colissimo (approx. 3–4 business days) once preparation starts; overall 5–7 business days depending on order day/time and peak periods. Delivery is to the doorstep at the specified address, in the presence of the Customer or an authorized recipient. Identity proof may be requested. Once delivered and the delivery note is signed, the obligation is fulfilled; the Seller disclaims any subsequent loss/theft. On delivery, the Customer must check the parcel and Products. In case of a damaged/opened parcel, liquid traces, missing/damaged items, mandatory procedures apply; failure to follow them may bar any recourse against the carrier and the Seller.

Article 8 – Retention of Title & Transfer of Risk

Title remains with the Seller until full payment. Risk transfers to the Customer upon delivery.

Article 9 – Right of Withdrawal

The Customer has 14 days from receipt to withdraw without reason or penalty for an exchange or refund. Notify the Seller (model form available) and return Products in their original condition/packaging with the invoice within 14 days of notification. Opened bottles are non‑returnable (Consumer Code L221‑28 5°). Refunds are made within 14 days using the original payment method unless agreed otherwise.

Article 10 – Legal Warranties

Products benefit from legal conformity and hidden‑defects warranties, applicable only under normal use per instructions. Keep the invoice to claim any warranty. Key legal texts: Consumer Code L.217‑4 to L.217‑12; Civil Code 1641–1648, 2232.

Article 11 – Personal Data Protection

SPIRIBAM is the data controller. Data requested for the sale are mandatory; otherwise the sale cannot be completed. Processing is for managing the commercial relationship and, with prior consent, for direct marketing by the Seller and/or partners. Rights include access, rectification, erasure, restriction, portability, objection, and post‑mortem directives (contact: dpo@gbh.fr). Complaints may be lodged with the CNIL.

Article 12 – Alcohol / Sale to Minors Prohibited

Sale of alcohol to minors is prohibited (French Public Health Code L.3342‑1). By ordering, the Customer confirms being 18+.

Article 13 – Intellectual Property

All elements of the Site are protected by intellectual property rights. Any copying or downloading without prior express authorization is forbidden. Any hyperlink to the Site is strictly prohibited and must be removed upon request.

Article 14 – Contact

For questions, information or claims: contact.cartron@gbh.fr.

Article 15 – Governing Law, Disputes & Mediation

These T&Cs and the resulting contractual relations are governed by French law. In case of a dispute, contact SPIRIBAM Customer Service first. Failing that, the Customer may refer the matter to CMAP online mediation (www.cmap.fr).