Terms and Conditions of Sale

1. Purpose and Scope

These Terms and Conditions of Sale (hereinafter the “Terms”) govern the online sales of bar equipment products made by the company **Délice Bar**, registered with the Trade and Companies Register (Registre du Commerce et des Sociétés), whose registered office is located in Nice (hereinafter “the Seller”), to any consumer acting for non-professional purposes (hereinafter “the Customer”). These Terms define the rights and obligations of the Seller and the Customer in connection with the sale of the products offered on the website (hereinafter “the Site”). They apply to the exclusion of any other document. By placing an order on the Site, the Customer accepts these Terms without reservation. The Seller reserves the right to amend these Terms at any time by publishing a new version on the Site. The Terms applicable to the contract concluded with the Customer are those in force on the date of the order.

2. Products and Availability

The essential characteristics of the products (name, descriptions, photographs, etc.) are presented on the Site as accurately as possible. However, minor variations in the presentation of the products (photos are not contractually binding) may occur without the Seller incurring any liability. Product offers are valid while stocks last. If a product is unavailable after an order has been placed, the Seller will inform the Customer as soon as possible. The Seller may offer an equivalent alternative product or will refund the unavailable product no later than 14 days after the cancellation of the order for that product.

3. Orders

The Customer may place an order on the Site by selecting the products of their choice and adding them to their virtual basket. Before finally confirming their order, the Customer has the opportunity to check the details of their basket and its total price, and to correct any errors. It is the Customer’s responsibility to check the accuracy of the order and to report any error immediately. The order is validated by the Customer when they click on the confirmation button clearly marked “order with obligation to pay” or with equivalent wording. This action constitutes the Customer’s full and unreserved acceptance of the order and of these Terms, and the Customer acknowledges that their order entails an obligation to pay. After validation of the order and of the payment, the Seller sends the Customer an order confirmation by email, summarising the essential details (products ordered, price incl. VAT, delivery address, delivery terms, etc.). This confirmation marks the date on which the contract of sale is concluded. The Seller reserves the right to refuse or cancel any order in the event of fraud or non-payment, or for any legitimate reason, in particular if the order comes from a Customer with whom there is a prior dispute.

4. Prices and Payment Terms

Product prices are stated in euros excl. VAT (exclusive of taxes) and exclusive of delivery charges. The applicable delivery charges are specified during the ordering process and are added to the price of the products ordered. For deliveries outside the European Union, customs duties or other local taxes (local VAT, import tax, etc.) may be payable and shall be borne by the Customer, without the Seller being responsible for them or obliged to inform the Customer of them in advance. Payment of the total price of the order is due immediately upon confirmation of the order. The Customer may pay for their order using the payment methods offered on the Site (Visa or MasterCard bank card, etc., and/or other methods such as PayPal, according to the options indicated). The Seller uses a secure payment solution to guarantee the confidentiality of banking data. By providing their bank details at the time of payment, the Customer confirms that they are the holder of the payment method used and that they authorise the Seller to debit the total amount of the order. If payment is refused by the payment institution (e.g. card declined), the order will be automatically cancelled. An invoice will be issued by the Seller and made available to the Customer (sent by email or accessible in their customer account) after delivery of the order. Retention of title clause: the products remain the full and entire property of the Seller until the price has been paid in full, including charges and taxes.

5. Delivery

5.1 Delivery Terms

The Seller delivers products to mainland France, the European Union and internationally (available zones and countries are detailed on the Site). Delivery is made to the address given by the Customer when ordering. It is the Customer’s responsibility to provide an accurate and complete delivery address. Delivery times are indicated when ordering (for example, an average delivery time of [x] working days for mainland France). These times are indicative and based on the carriers’ estimates. The Seller undertakes to dispatch the products within the stated times. In accordance with Article L216-1 of the French Consumer Code, where no specific delivery date is indicated, the Seller will deliver no later than thirty (30) days after the conclusion of the contract.

5.2 Delivery Delays

In the event of a delivery delay beyond the Seller’s control and attributable to the carrier, the Seller cannot be held liable. No compensation may be claimed from the Seller on this account. However, if delivery has not taken place within 30 days of the order (and excluding cases of force majeure), the Customer may cancel their order under the conditions provided for in Article L216-2 of the French Consumer Code and obtain a refund of the sums paid.

5.3 Transfer of Risk and Parcel Tracking

The products travel at the Seller’s risk until the goods are physically handed over to the Customer (in accordance with Article L216-4 of the French Consumer Code). In other words, the risk of loss or damage only passes to the Customer when the Customer, or a third party designated by them (other than the carrier), takes physical possession of the goods. However, if the Customer chooses a carrier other than the one offered by the Seller to transport the products, the risk passes as soon as the products are handed over to the carrier chosen by the Customer (Article L216-5 of the French Consumer Code). Once the parcel has been handed over to the carrier by the Seller and a tracking number has been sent to the Customer, it is the carrier’s responsibility to deliver the parcel under the agreed conditions. If the carrier’s tracking shows the parcel as “delivered” to the address given, this shall constitute proof of proper delivery. If the parcel has not been received although it is shown as delivered, the Customer must contact the carrier with any claim (for example, to locate the parcel or open an investigation). The Seller cannot be held liable for any loss, theft or pilferage occurring during transport once it has been established that the parcel was duly handed over to the carrier. The Seller is only obliged to send a replacement or make a refund in the event of proven loss of the parcel before it was handed over to the carrier, or if the carrier returns the parcel to the Seller without having delivered it to the Customer.

6. Right of Withdrawal and Returns

In accordance with Articles L221-18 et seq. of the French Consumer Code, the Customer has a period of fourteen (14) calendar days from the day after receipt of the last product in their order to exercise their right of withdrawal, without having to give reasons for their decision or bear any costs other than those provided for by law. If the fourteen-day period expires on a Saturday, Sunday or public holiday, it is extended until the next working day. To exercise their right of withdrawal, the Customer must notify the Seller of their decision to withdraw before the 14-day period expires, by means of an unambiguous statement (for example, by sending the model withdrawal form set out in the Appendix to these Terms, or by email or post). Once the decision to withdraw has been communicated to the Seller, the Customer then has a further 14 days to return the product(s) concerned to the Seller, at their own expense. The Customer must return the products, preferably in their original packaging and in perfect condition (undamaged, unsoiled, with all accessories, instructions and documentation, if any), to the return address indicated by the Seller. It is advisable to return the products with postal tracking. The Customer bears the direct costs of returning the goods, unless otherwise agreed by the Seller. If the value of the product is diminished as a result of handling other than that necessary to establish the nature, characteristics and proper functioning of the goods, the Customer may be held liable (in accordance with Article L221-23 of the French Consumer Code) and the Seller may apply a deduction to the refund of the product. Where the right of withdrawal is validly exercised, the Seller will refund the Customer all sums paid for the returned products, including the initial standard delivery charges (where applicable), no later than fourteen (14) days from the date on which the Seller is informed of the decision to withdraw. Nevertheless, the Seller reserves the right to withhold the refund until the returned goods have actually been received back or until the Customer has supplied proof of having sent back the goods, whichever is the earlier (Article L221-24 of the French Consumer Code). The refund will be made using the same means of payment as that used by the Customer for the initial transaction, unless the Customer expressly agrees to a different means. Summary table of the right of withdrawal:

7. Legal Guarantees

Independently of the right of withdrawal, the Seller remains liable for lack of conformity of the products sold and for hidden defects under the conditions provided for by law. **Legal guarantee of conformity** (French Consumer Code): the Seller is obliged to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery that becomes apparent within two (2) years of delivery (Article L217-3 of the French Consumer Code). During this period, except for second-hand goods (for which the period is 12 months), the Customer does not have to prove that the defect existed at the time of delivery. In the event of a proven lack of conformity, the Customer is entitled to demand the repair or replacement of the product under the legal conditions (Articles L217-8 et seq. of the French Consumer Code). If repair and replacement of the product are impossible, or could not be carried out within one month of the claim, or if they cause major inconvenience to the Customer, the Customer may obtain the rescission of the sale or a price reduction in accordance with Articles L217-12 and L217-14 of the French Consumer Code. No costs shall be charged to the Customer for the implementation of the legal guarantee of conformity. **Legal guarantee against hidden defects** (French Civil Code): the Seller also remains bound by the guarantee against hidden defects in the item sold (Articles 1641 to 1649 of the French Civil Code) which render the product unfit for its intended use, or which so impair that use that the Customer would not have purchased it, or would have paid a lower price for it, had they known of them. This guarantee allows a Customer who proves the existence of a hidden defect to choose between the rescission of the sale and a reduction in the sale price (in accordance with Article 1644 of the French Civil Code). Any action under the guarantee against hidden defects must be brought by the Customer within two (2) years of the discovery of the defect (Article 1648 of the French Civil Code). Guarantee exclusions: products modified, repaired or altered by the Customer or by any third party not authorised by the Seller are excluded from any guarantee. Nor do the legal guarantees cover damage caused by misuse or improper use of the products, or resulting from normal wear and tear. It is noted that, under the legal guarantee of conformity, the Customer: (i) has two years from delivery of the goods to take action; (ii) may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L217-9 of the French Consumer Code; (iii) is exempt from proving the existence of the lack of conformity during the 24 months following delivery of new goods (and during 12 months for second-hand goods). The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted. In addition, the Customer may decide to invoke the guarantee against hidden defects within the meaning of Article 1641 of the French Civil Code; in this case, they may choose between the rescission of the sale and a reduction in the sale price in accordance with Article 1644 of the French Civil Code.

8. Seller’s Liability

The Seller cannot be held liable for any indirect damage that may arise from the purchase or use of the products. Likewise, the Seller cannot be held liable in the event of misuse of the product by the Customer or use not in accordance with its intended purpose. The Seller cannot be held liable for non-performance or improper performance of the contract due either to the act of the Customer, or to the insurmountable and unforeseeable act of a third party unconnected with the contract, or to a case of force majeure within the meaning of Article 1218 of the French Civil Code. Cases of force majeure enforceable against the Customer include in particular, without this list being exhaustive: natural disasters, fires, floods, pandemics, strikes or industrial disputes external to the Seller, acts of intervention by civil or military authorities, wars, riots, acts of terrorism, or any other event reasonably beyond the Seller’s control. In the event of force majeure, performance of the Seller’s obligations is suspended for the entire duration of the force majeure event if it is temporary. If the impediment is permanent, the contract shall be terminated automatically. 

9. Disputes, Mediation and Applicable Law

**Applicable law**: these Terms and the transactions arising from them are governed by French law. However, in accordance with Regulation (EC) No 593/2008 (Rome I), a non-French consumer residing in another EU Member State cannot be deprived of the mandatory protective provisions of their more favourable national law. **Mediation**: in accordance with Article L612-1 of the French Consumer Code, the Customer has the right to use a consumer mediation scheme free of charge with a view to the amicable resolution of any dispute between them and the Seller.

To initiate mediation, the Customer must show that they first attempted to resolve the dispute directly with the Seller by means of a written complaint. The Customer may refer the matter to the mediator within a maximum of one year from the Customer’s written complaint to the Seller. The Customer remains free to accept or refuse the solution proposed by the mediator. **Disputes**: in the absence of an amicable agreement or recourse to mediation, any dispute relating to the interpretation or performance of these Terms shall be submitted to the competent courts under the conditions of ordinary law. The consumer Customer may bring proceedings either before one of the courts having territorial jurisdiction under the French Code of Civil Procedure, or before the court of the place where they resided at the time the contract was concluded or the harmful event occurred (in accordance with Article R631-3 of the French Consumer Code).

Nice, France, 27 May 2025

On behalf of Délice Bar,