Your terms and conditions

 

I. Preamble

ExcellenceRhum - ExcellenceSpirits underlines that online sales are exclusively intended for consumers of legal drinking age, either eighteen (18) years old or twenty one (21) years old in countries where the law specifies it, who choose to fill-out the required fields during registration and having a delivery address in one of the areas and countries where ExcellenceRhum – ExcellenceSpirits operates. ExcellenceRhum - ExcellenceSpirits.com are the online stores of the NOUMEO SAS company.

The following sales terms and conditions and the specific terms and conditions of each article offered on the www.ExcellenceRhum - ExcellenceSpirits.com website (hereafter referred to as « the website ») regulate on their own, without restrictions or reservations, the links between the NOUMEO company (a simplified stock company with a 10 000 € share capital, and headquarters situated in Epinay sur Orge (91360), 27 Sentier des Bas Follets, registered in the Trade and Company register of Evry under the number 793 474 008 and the clients of the website , with the exception of all other conditions, namely those applying to sales in stores or through other distribution and trade networks.

II. Accepting the general and specific terms and conditions of sale

All confirmation of an order placed on the Website by the client is the equivalent of said client’s total acceptance of the following ExcellenceRhum - ExcellenceSpirits general terms and conditions of sale as well as the specific conditions of his/her order (articles ordered as shown on the Website within the limits of the mentioned quantities, designation, price, compositions, etc.). It is specified that the client has at his disposal, before final confirmation of the order, a mechanism enabling him/her to correct or change his/her order. This mechanism is accessible at every step of the of the order process. The changes to the general terms and conditions of sale are applicable to clients as of the moment they are published online and cannot apply to any previous orders. . The Website invites all clients to carefully read the general terms and conditions in effect at the moment of their order before each new order. The said terms and conditions are viewable online on the Website and are also available on demand through the e-mail address: [email protected] - ExcellenceSpirits.com

III. Product

Each article available on the website features a summary presentation indicating its designation, its main characteristics and price. This information is reiterated in the product sheet detailing their description. The photographs of the products are not contractual.

IV. Length of validity of the offer

Our offers are valid only during the time that the products are online and hold true only while stocks lasts as indications of available stock are given once the order is made. In the case of product unavailability after your order has been placed, we will contact you by telephone or by e-mail as soon as possible in order to inform and agree with you on:
- moving the delivery date while we wait to restock the product, when possible,
- canceling your order and eventually fully reimbursing the amount paid within the 30 days following the date the payment was made.

V. Username and password

LDuring the first order, the client chooses a username and a password. The username and password are proof of the clients’ identity and oblige the client to honor all orders placed while using them. They are equivalent to an electronic signature as stipulated under the law of March 13th 2000. The client is the only person responsible of his/her username and password and will solely bear the consequences which could possibly result from all usage by a third party having taken possession of them, unless it is proven that their discovery is the fault of d’ExcellenceRhum - ExcellenceSpirits. In the case that one should forget his/her password or username, or that one should suspect that his/her information has been exposed to a third party; the client has a function at his/her disposable enabling him/her to reset or choose another password.

VI. Creating a contract: functioning and proof

6.1 Registering and confirming the order

TAll orders are automatically captured and simultaneously updated as the client shops; a summary of the clients order is always available to the client before he/sheis asked to confirm their order by indicating their choices regarding delivery address and payment method. The client is then asked to confirm their order. After this operation, the order is automatically registered and is only confirmed under the following conditions:

• All orders paid for with a banking card are considered final only once the financial institutions concerned have given their approval. In the case of a refusal from said financial institutions, the order is automatically cancelled and the client is informed via a message from the financial institution appearing on his/her computer screen.
• All orders paid for using a check, wire transfer, weXpay (cash) or gift card as method of payment, is considered final only once the payment is received and cashed-in ExcellenceRhum - ExcellenceSpirits.

6.2 Confirming that the order has been received

ExcellenceRhum - ExcellenceSpirits confirms to the client that his/her order has been received. The confirmation is sent to the client via e-mail and includes a summary of the client’s order, the delivery address, the chosen payment method (online, check, wire transfer or eXpay (cash) and the order reference number. The information provided by the client while placing the order holds him accountable of: errors on the delivery address, such as name, last name, address, telephone number, e-mail, buzzer code, floor number which could lead to the order being lost. The client remains responsible for payment of lost items, and no claims or reimbursement will be possible.

6.3 Proof

The automatic data registration system of the Website is considered as proof of the nature, the content, and the date of both (i) the clients’ order, (ii) of the confirmation that the order has been received by ExcellenceRhum - ExcellenceSpirits que (iii) of all emails exchanged between ExcellenceRhum - ExcellenceSpirits and the client. The information pertaining to all operations made with the username will be archived and stocked by Les ExcellenceRhum - ExcellenceSpirits and will serve as proof in case of a legal dispute with a client in accordance with the law of March 13th 2000 regarding signatures and electronic proof. They will be key evidence in the case of disputes between the parties and will be kept by ExcellenceRhum - ExcellenceSpirits during the duration deemed necessary for legal purposes.

VII. Price

The prices on the Website are expressed in euros and take into account the added cost on the day of the order. All changes of the applicable tax rate on the added costwill automatically be reflected on the price of the products of the website. The prices do not include delivery charges, the rates of which are available on the day of the order or in any case are indicated on the Website before the parcel is sent-out. The total price incl. VAT indicated in the order confirmation is the total price of the registered shown including VAT and also including the price of the product as well as transport costs.

7.1 Price for outside Europe (UE)

ExcellenceRhum - ExcellenceSpirits meets Incoterm DAP (Delevery At Place) inconterm This means that the packaging, export customs clearance, transport and delivery are the responsibility of ExcellenceRhum - ExcellenceSpirits, import customs clearance, insurance and taxes remains to the Customer. The Customer undertakes to provide to local authorities all documents (import license, national identity card or passport, or ID card social security, customs proxy, Power of Attorney and other documents for a good import clearance.

VIII. Payment

When placing your order you may opt to pay with a bank card, check , wire transfer or eXpay (cash). If you choose to pay using a bank card, you will be redirected towards Credit Agricole’s secured site which guarantees the confidentiality of all bank card information through secured processes and cryptology. Only cards bearing the CB, Visa, Amex, Américan Express , Mastercard or a Paypal payment system are accepted. Payments made with checks made out to NOUMEO SAS, must be sent together with a copy of the order confirmation e-mail (showing the order number) to the following address: ExcellenceRhum - ExcellenceSpirits / NOUMEO SAS – Service Paiement – 27 Sentier des Bas Follets – 91360 Epinay Sur Orge. No delivery can take place before the payment is received and credited to the NOUMEO account. The invoice will be available on the client space. In cases where the total amount of the order is over 1,000 euros, NOUMEO could require that payment be made via wire transfer or that you provide a piece of ID before the order is sent-out.

IX. Delivery

9.1 General Overview

The order can only be sent-off once the payment including the shipping costs are received in full. All the incidents legally designated as occurring in case of absolute necessity that could prevent or render highly expensive the act of procuring goods will immediately constitute a valuable cause for suspension or cancelation of the obligations held by ExcellenceRhum – ExcellenceSpirits , without compensation to the client if these incidentss lasts more than fifteen (15) days. ExcellenceRhum – ExcellenceSpirits will inform the client by all appropriate means of the existence of such an incident in order to allow the later to cancel his/her order via a simple email.

9.2 Delivery costs

The delivery costs, details of which are featured under the category « FAQ » of our online boutique, are calculated automatically during the order process and appear on the page with the total cost of the order before the final confirmation.

9.3 Delivery time
9.3.1 For mainland France

According to the carrier, the usual delivery time, (outside of the holiday seasons such as Christmas, New Years or Easter) are chosen amongst two working days (which is to say outside of Saturday, Sunday and public holidays) starting from the day after the order has been placed and payment is made on the ExcellenceRhum - ExcellenceSpirits website. During the holiday seasons, the usual delivery time-frame is a minimum of 5 working days starting from the day after the order has been made on the website and the order is paid for in full. In any case, other than in extreme cases, ExcellenceRhum – ExcellenceSpirits commits to delivering the articles within thirty (30) days of the date at which the order was confirmed at the most. , (hereafter referred to as the “Maximum Delivery Date”)

9.3.2 Outside of mainland France

Depending on the products and the countries, the time-frame can vary by a few days or even weeks; this also depends on customs processes outside of the European Union.

9.3.3 Maximum Delivery Date

In case the delivery is over seven days past the Maximum Delivery Date, and this delay is not due to extreme circumstances, the client may request to cancel his/her order via couriered letter and proof of receipt directed to ExcellenceRhum - ExcellenceSpirits. This request must come within 60 working days of the Maximum Delivery Date ; past this day, the client loses all his/her right to make claims. If the delivery has not yet taken place between the time that the clients’ letter is sent and received, the full amount of his/her payment will be restituted within a maximum of fourteen (14) days following the reception of the letter. The amount will be returned to the client either by wire transfer or by check. Therefore, all deliveries made beyond the Maximum Delivery Date but prior to ExcellenceRhum - ExcellenceSpirits receiving the letter of complaint from the client cannot in any case justify cancelation of said order or give way to claims to any damages and interests, compensations or penalties.

9.4 Delivery method

For all deliveries other than those ensured by the ExcellenceRhum – ExcellenceSpirits VIP service (within the limits of the areas of this service) , delivery will be done via « Chronopost » or « SoClissimo » at the clients’ discretion in France and in all countries accepting either of these modes of transport. For the deliveries outside of the European Union, the client commits to taking-on all taxes and fees resulting from the import of goods and requested from customs during the delivery of the parcel. This may include custom fees and all taxes and extra charges applicable according to the destination country’s laws. ExcellenceRhum - ExcellenceSpirits does not take-on legal responsibility if the client does not take-on payment of these extra-charges.

9.5 Receiving the goods

The transfer of risk will occur once the client receives his/her package at the convened delivery address. The client will take-on all responsibility of damages caused to or by the package from this point forward. The client must check the state of the articles upon their arrival and ensure that they match the clients’ order. In case of missing, lost or damaged items, the client must signal the problem to the delivery company responsible and detail the nature and extent of the problem on the delivery paperwork. In order for ExcellenceRhum - ExcellenceSpirits to lay a claim with the delivery company, the client will confirm to ExcellenceRhum – ExcellenceSpirits in writing and on the day of the delivery, the details of the problems signaled to the transporter. In the case of a patent defect, the client will be given forty-eight (48 hours) from the time the parcel has been delivered to write and send a claim (via e-mail, post, fax) with photographic proof of the extent of the damages to our services. Beyond this time-frame, the delivered items are considered to be free of any patent defect. ExcellenceRhum - ExcellenceSpirits will reimburse or replace all non-compliant items or items affected by a patent defect.

X. Retraction rights

In alignment with the dispositions of article L.121-20 of the Consumer Code, the client has a seven working days retraction period starting from the day that the products are received to return them to ExcellenceRhum - ExcellenceSpirits, without cost at the following address: : SERVICE RETOUR – N° 27 SENTIER DES BAS FOLLETS – 91360 EPINAY SUR ORGE. The client must inform ExcellenceRhum – ExcellenceSpirits of his/her decision to cancel the order within seven (7) working days in written form (post, e-mail or fax). If the last of the seven days falls on a Saturday, a Sunday or a public holiday, the time-frame is extended to the next working day. Only items which have been sent back within the prescribed fourteen days after the decision to cancel has been shared and are still in their original packaging and still easily marketable. The items must not be opened. In case the client exerts his/her right to retract from the order, ExcellenceRhum - ExcellenceSpirits will reimburse the total amount of the order, all except for any fees linked to returning the package, by wire transfer, or check within a maximum of thirty (30) days after the returned products are received.

XI. Return Sender

In accordance with the terms of Chronopost, the Customer has a period of eight (8) working days from receipt of the order by the Pickup store to take procession of his order. Abroad, in Europe and outside of Europe, the customer has several days to take pocession of the package from the local carrier, freight forwarder or customs office. At the end of this period and in case of refusal of the package, the command is sending back to the warehouse ExcellenceRhum.com - ExcellenceSpirits.com. Accordance with the terms of Chronopost, the Customer in France is repeatedly warned for instance the lead time of the order, by email and by SMS on the mobile number associated with the recipient. The customer may request a refund of his order, wire transfer, check or the credit card used for the purchase, excluding shipping and return fees charged by Chronopost fourteen euro (14,00 €) for France, twenty-eight euro (28.00 €) for Europe and the equivalent of the expedition postage for the rest of the world. Reimbursement will be made within a maximum period of seven days following receipt of the returned products.

XII. Garanteed product compliance

In accordance with article L. 211-4 of the Consumer Code, ExcellenceRhum - ExcellenceSpirits is held to ensure legal guaranty of compliance. Any action resulting from a compliance default is taken into account during the two years following the date the item was delivered. The seller also holds the legal guaranty of any latent defects which affect the product and which could render the item unfit for use only if the buyer proves the existence of said latent defect and takes action with the two year time-frame following the time the defect is discovered (article 1648 of the Civil Code).

XIII. Customer service department

If any difficulties are encountered or there is a need to obtain additional information, the client can contact our customer service department either by phone + 33 7 81 00 69 93,or by written mail to the following address : ExcellenceRhum - ExcellenceSpirits / NOUMEO – Service Client, 27 Sentier des Bas Follets – 91360 Epinay sur Orge. They are also available by e-mail at the following address: [email protected], or through the contact form available on our Website

XIV. Personal data

The Client consents to the use of his/her personal data collected on the website during the clients ‘registration process. This data crucial in order to process orders, draw-up invoices and can be shared ExcellenceRhum - ExcellenceSpirits with service providers who participate in making the service available. This in accordance with the elements stipulated in the law n° 78-17 of 6 January 6th 1978on the topic of information technology, files and Freedoms, ExcellenceRhum - ExcellenceSpirits has allowed access to the files containing personal data to the National Commission of Information Technology and Freedoms. You have the right to access, rectify or oppose yourself to the personal data pertaining to you. This right can be exerted sending a written request to the following address: à ExcellenceRhum - ExcellenceSpirits / NOUMEO – Service Client, 27 Sentier des Bas Follets – 91360 Epinay sur Orge

XV. Protection of minors

In accordance with the dispositions of article L. 3342-1 of the Public Health Code, we remind you that the sale of alcohol to minors is not allowed. All persons ordering from the website hereby commit to being eighteen (18) years old and twenty-one (21) years old or older for countries where the law requires it.

XVI. Disputes

The present general terms and conditions as well as all actions being aimed are subject to french law, excepting those dispositions of the Vienna Convention. This applies substantive rules as well as procedures.. In case of a dispute, the client will first contact ExcellenceRhum - ExcellenceSpirits in order to find an amicable solution. Failing this, the case will be brought in front of the competent judicial bodies, while specifying that during the time in which legal action is underway, any delays in the search of an amicable solution do not interfere with the legal action in question.

XVII. Terms of Service

Director : M. BEUDET Alexandre
The Websites: www.ExcellenceRhum.com - www.ExcellenceSpirits.com
Noumeo SAS company, simplified stock company with a 10.000 € share capital.
Headquarters: 27 sentier des bas follets – 91360 Epinay sur Orge
Siren : 793 474 008 RCS Evry
Siret : 79347400800018
N° EORI :  FR79347400800018
Intracommunity VAT N° FR35793474008
Customer service: Phone. : + 33 7 81 00 69 93;
E-mail : [email protected] / [email protected]