Terms and Conditions of Sale (T&Cs)
The provisions below set out the general terms and conditions of sale for products offered by the company DA BEVERAGE COMPANY on its website www.devils-advocate.com. Any order of a product offered for sale on the website www.devils-advocate.com implies acceptance of these general terms and conditions of sale.
ARTICLE 1 – PURPOSE
This contract determines the rights and obligations of DA BEVERAGE COMPANY (hereinafter referred to as "the Company") and the Customer in the context of the sale of goods offered through the website www.devils-advocate.com. These general terms and conditions of sale constitute the entirety of the rights and obligations of the parties with respect to the sale of goods offered on the website www.devils-advocate.com, without any other conditions being incorporated. The Company reserves the right to modify these terms at any time.
ARTICLE 2 – THE OFFER ON THE WEBSITE
The products offered for sale comply with current French legislation and applicable standards in France at the date of purchase. Prices are indicated including VAT but do not include delivery costs. Delivery costs may vary depending on the volume and value of the order. These details appear at the time of ordering. Sale prices may be changed at any time. The customer acknowledges that the goods will be delivered by postal service.
ARTICLE 3 – CUSTOMER OBLIGATIONS
The Customer declares to be at least 18 years old and legally capable, or to hold parental authorization allowing them to place an order on the Site. The Customer undertakes to provide the Company with accurate and necessary information for the performance of the service subject to these terms, such as their name, surname, address, phone number, and valid email address. The Customer is responsible for any consequences arising from false or inaccurate information provided or the illegal use of such information. Once the order is placed, the Company sends the Customer an email confirming the order. It will inform them of the shipment of the Products.
ARTICLE 4 – ORDER
The recording of an order on the Company's online store and its validation by the buyer occurs when the buyer chooses to click on "Order". This recording implies acceptance of all the present Terms and Conditions of Sale and constitutes proof of the order date. The Buyer's order will be confirmed by the Company by email to the email address provided by the Buyer during the order process. The Company reserves the right to cancel or refuse an order in the event of a dispute with the Customer over a previous order. The Company informs the Customer of the availability of the Products sold on the Site when confirming the order. If, despite the Company's vigilance, the products are unavailable, the Company will inform the Customer by email as soon as possible. The Customer may then cancel their order and receive a refund for any amounts already paid, if applicable.
ARTICLE 5 – SECURE PAYMENT
All orders must be paid in euros. The Company reserves the right to suspend or cancel any order and/or delivery, regardless of its nature and level of execution, in case of non-payment or an incident due to the Buyer. The Buyer may choose from the following payment methods: bank card (Visa/Eurocard/Mastercard) and PayPal account. In the case of payment by bank card, the Site guarantees the Client the complete confidentiality of their banking information. The card payment transaction, conducted between the Client and the secure system, is fully encrypted and protected. The Client's banking details are not stored digitally by the Company.
For card payments, the debit is made at the time of order validation, provided that prior authorization to debit your account is obtained from the relevant payment centers; otherwise, the order cannot be processed. The payment order may be revoked in the event of fraudulent card use, in accordance with the agreement between the client and their bank. Prices may be changed at any time without prior notice, particularly in the event of changes in tax or economic conditions. Items will be invoiced based on the rates in effect at the time of order recording.
ARTICLE 6 – RIGHT OF WITHDRAWAL AND REFUND PERIOD
In accordance with article L. 121-16 of the French Consumer Code, the client has a period of fourteen days from the receipt of their order to exercise their right of withdrawal and return unwanted products in their original packaging for exchange or refund. The client must contact the Company's Customer Service (details below) to return the product or cancel the service if execution has not begun. The refund will be made promptly and without penalty, no later than fourteen days from the date the Company is informed of the consumer’s decision to withdraw. DA BEVERAGE COMPANY, 29 Avenue de Clichy, 75009 Paris, or by email: contact@devils-advocate.com. Upon receipt of your request, the Customer Service will contact you to arrange the return of the Products subject to the withdrawal. Packages must be returned to the following address: DA BEVERAGE COMPANY, 29 Avenue de Clichy, 75009 Paris.
Model withdrawal form to be sent by email to contact@devils-advocate.com:
"To DA BEVERAGE COMPANY, I, the undersigned ______, hereby notify you of my withdrawal from the contract for the sale of the following product:
Product name:
Order and receipt date:
Order number:
Withdrawal request tracking number:
Customer’s name:
Customer’s address:
Customer’s signature:
Date:"
The product must be returned complete, intact, and in its original packaging. The customer bears the direct return costs. In the case of valid withdrawal, the Company will refund all amounts paid, including delivery charges (except for additional costs if the customer chose a delivery method other than the least expensive standard delivery offered on the Site) no later than 14 days from the day the Company was informed of the withdrawal decision.
The Company reserves the right to defer the refund until the product is received or until the customer has provided proof of shipment of the product, whichever occurs first. The Company will refund using the same payment method used for the initial transaction unless the customer requests an exchange of the product.
The customer's liability is engaged in case of depreciation of the returned product due to handling beyond what is necessary to establish the nature, characteristics, and proper functioning of the product. These handling actions are those a consumer would typically perform in a physical store for products on display. It is reminded that the right of withdrawal does not apply to products that are likely to deteriorate or expire quickly and to products that have been unsealed by the customer after delivery and cannot be returned for hygiene or health protection reasons.
ARTICLE 7 – REFUND PROCESS
Refunds following the exercise of the right of withdrawal will be made within a maximum of 14 days from the receipt of the goods at our warehouses. The customer may also request an exchange of the product.
ARTICLE 8 – SHIPPING AND DELIVERY
The Company commits to deliver the customer’s order within a maximum of 15 days from the order validation date. The products are delivered to the address provided by the customer on the order form, in France and internationally. Invoices will be sent by email to the email address provided by the customer when creating the customer account or when placing the order. Any complaint must be sent in writing to the postal address 29 Rue de Clichy, 75009 Paris, or to the email address contact@devils-advocate.com. In case of damage to the products, the customer agrees to report these non-conformities by email or letter, along with photographs of the damage, within 3 days of receiving the package. The Company commits to refund or exchange the product as requested by the customer.
Delivery is provided by international postal services, and shipping costs are applicable based on the delivery zone. Please note that a processing time applies for the order. No order can be processed or shipped on weekends or public holidays.
ARTICLE 9 – CUSTOMER SERVICE
For any request for information, clarification, or complaint, the Customer must contact the Company’s customer service as a priority, to allow them to find a solution. The Company’s customer service is available Monday to Friday (excluding public holidays), from 10 a.m. to 5 p.m., by email at contact@devils-advocate.com.
ARTICLE 10 – WARRANTIES
The Company undertakes to only use the Clients' confidential information as part of its Site operations. To properly process the order, the collected personal data will be subject to computerized processing, and the Client acknowledges being aware of this. In this context, the Client's information may be communicated to the Company’s technical service providers. Furthermore, the Company may use technical means to obtain non-personal information about internet users, intended to improve the site’s functionality, such as tracking the number of visitors on certain pages.
In accordance with the law of January 6, 1978, amended by the law of August 6, 2004, the Client has the right to access and rectify personal data concerning them that are in the Company’s files. Any request must be sent by email to maximilien@jomoparis.com or by mail to the following address: 10 Rue Anatole de la Forge, 75017 PARIS.
ARTICLE 11 – LIABILITY
The Company shall not be held liable for any indirect damages that may result from the purchase of the products. The Company shall not be liable for the loss of data or files. It is the Client's responsibility to perform all necessary backups.
ARTICLE 12 – INTELLECTUAL PROPERTY
All elements of the www.devils-advocate.com website are and remain the exclusive intellectual property of the Company. No one is authorized to reproduce, exploit, redistribute, or use for any purpose whatsoever, even partially, any elements of the site, whether software, visual, or audio.
ARTICLE 13 – APPLICABLE LAW AND DISPUTES
These general terms and conditions of sale are subject to French law. In case of dispute, only French courts shall have jurisdiction.
ARTICLE 14 – MODIFICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE
The Company reserves the right to modify these general terms and conditions of sale at any time.