Terms of service

1. Preamble

GINSATIONS mainly offers its clients subscription services related to the discovery of gin, tonics, and carefully selected mixers.

GINSATIONS is the sole operator of the site ginsations.com on which its customers can subscribe to a subscription to then receive a box containing one (1) full-size bottle of gin and two (2) tonics and/or mixers selected by GINSATIONS. The subscriber can access various explanations about the gin and the selected tonics in the flyer they receive in their box.

GINSATIONS offers its customers, subscribers, or registrants the possibility to order gins, tonics, and mixers on the site, as well as various products on the theme of gin and cocktails, selected by the GINSATIONS team, in limited quantities.

To access and fully benefit from the services of GINSATIONS, the client, subscriber, or registrant must have fully accepted the site Terms and Conditions of Sale, which they can freely save and print. Note: since we are based in France, French data protection law applies. General Terms and Conditions of Sale (GTC) constitute the legal agreement and this Terms and Conditions of Sale document is only an English translation.

1. Presets

The following definitions apply within the framework of the GTC:

Company: GaBeSa

Trade name: GINSATIONS

The website: refers to ginsations.com unless otherwise indicated

Subscribers: any person who has subscribed to a subscription on the site ginsations.com aged 18 years minimum, ordering from this site for personal needs or for those of a third party in compliance with the terms of the GTC.

The subscriber must be within the scope of the consumer law:

• A consumer: any natural person acting for purposes that do not fall within the scope of their commercial, industrial, artisanal, liberal, or agricultural activity.
• A non-professional: any legal entity not acting in a professional capacity.

In the event that the subscriber wishes to benefit from part or all of the products and services offered by GINSATIONS, they declare and guarantee that they are of legal age and comply with the obligations set forth by GINSATIONS's Terms and Conditions of Sale.

Clients: refers to any subscriber, at least 18 years old, ordering on the site in their own name or on behalf of another person under the conditions provided in the GTC.

The customer is necessarily within consumer law:

• A consumer: any natural person acting for purposes that do not fall within the scope of their commercial, industrial, craft, liberal, or agricultural activity.
• A non-professional: any legal entity not acting in a professional capacity.

In the event that the client wishes to benefit from all or part of the products and services offered by GINSATIONS, they declare and guarantee that they are of legal age and comply with the obligations set forth by GINSATIONS T&Cs.

Personal account: refers to the personal account created by the subscriber or client, member of the site and accessible by usernames and personal passwords.

Personal information: refers to personal information allowing the direct or indirect identification of the user during their registration on the site and the creation of a personal account (e.g., last name, first name, email address, postal address, phone number, username, IP address, etc.)

Registered user: refers to any person, at least 18 years old, who has a personal account on the site.ginsations.com.

GINSATIONS reserves the right to correct any omission or accidental error in the GTC, as well as in any other contractual document.

Visitors: refers to any person accessing the site.ginsations.com. The visitor agrees to be of legal age in France (18 years or older).

III. Approval of the general terms and conditions of sale

The Terms and Conditions can be approved when the subscriber/customer/registrant clicks on the "create my account" tab. The company reserves the right to modify the Terms and Conditions at any time.

1. Contents of the Box

• The subscriber receives every two months one (1) regular-sized bottle of gin and one (1) to two (2) tonics or mixers (depending on the size) selected by GINSATIONS.
• The subscriber receives explanations and advice in a flyer that accompanies the box. They also receive a small gift worth less than 10 euros.
• The subscriber has access to other explanations on the site com
• The subscriber has privileged access to the online store to repurchase the gin contained in the box at a reduced price.
• The registered subscriber/client/visitor can find all the products offered on the site. The photos, articles, advice, and explanations that the registered subscriber/client/visitor can find on the site represent only the subjective opinions of the company. This information is provided for informational purposes only and does not bind the company in any way. The products offered comply with French legislation.
• The brands, products, and designations remain the exclusive property of the producers. The company has no rights over these brands and therefore cannot be held responsible for claims regarding these brands, products, and designations.

1. Prices and billing

The prices of the Boxes, gins, tonics, and Boutique items are indicated in euros. The prices shown on the site do not include shipping costs, unless otherwise stated. When the customer/subscriber places an order, the price indicated at the end of the order is the price to be paid, including VAT.

All transactions made on the site are secure and carried out by credit card via Stripe or PayPal. A confirmation appears at the end of the transaction to validate the customer's/subscriber's purchase. An invoice is sent to the customer/subscriber by the corresponding email site. The customer/subscriber is solely responsible for the email they enter when finalizing the order. In case of an error when entering the email address, leading to incorrect delivery of the invoice, the company's liability cannot be engaged.

Once the order is finalized and approved by sending a confirmation email, the subscriber/customer becomes responsible for the items once delivered, with the transfer of ownership carrying its own risks.

1. Operation of the different subscription plans

The company offers several subscription plans. In all cases, customers will have the option to subscribe in their own name or to gift a subscription to someone else.

1. Subscriptions - General

The company offers a box every two months (bimonthly): in February, April, June, August, October, and December.

All members can subscribe during these sales periods and will receive the box around the 5th of the month.

1. Subscriptions - Prepaid for a fixed duration

The subscription has a fixed duration, paid in advance and without automatic renewal.

The renewal of this subscription plan will be the responsibility of the subscriber. If, at the end of the subscription period, after the two (2) boxes, three (3) boxes, or six (6) boxes have been shipped, the subscriber wishes to renew their subscription, they must log into their account and select a new subscription plan.

2.1 Receive six (6) boxes: one box every two (2) months for twelve (12) months

When a subscriber subscribes to a twelve (12) month subscription, they receive six (6) boxes over the following twelve (12) months. The first box will be sent based on the subscription date.

The payment for six (6) boxes and shipping fees for twelve (12) months is made in a single installment at the time of subscription. The subscriber cannot cancel their subscription for six (6) boxes for the twelve (12) months.

2.2 Receive three (3) boxes: one box every two (2) months for six (6) months

When a subscriber signs up for a six (6) month subscription, they receive three (3) boxes within the following six (6) months. The first box will be sent based on the subscription date. The next two will be sent two months and four months after the first.

The payment for three (3) boxes and shipping fees for six (6) months is made in a single payment at the time of subscription. The subscriber cannot cancel their subscription for three (3) boxes for six (6) months.

2.3 Receive two (2) boxes: one box every two (2) months for four (4) months

When a subscriber signs up for a four (4) month subscription, they receive two (2) boxes within the following four (4) months. The first box will be sent based on the subscription date. The next will be sent two months after the first.

The payment, the two (2) boxes, and the shipping fees for four (4) months are made in a single payment at the time of subscription. The subscriber cannot cancel their two (2) boxes for four (4) months.

1. Subscriptions - Automatic renewal without prepayment

Receive a box every two (2) months.

Subscription to receive a box every two (2) months. The first box will be sent based on the subscription date.

When a subscriber signs up for a no-commitment subscription - one (1) box every two (2) months - they commit for an indefinite period. That is, without a time limit. By accepting this offer, the customer agrees to a bimonthly box subscription for an amount defined at the initial order. The bimonthly subscription ends if either party decides so.

The first box is paid on the day of the order. The company then debits the subscriber for the amount corresponding to one box (an amount that corresponds to the price of the box at the current rate and shipping costs on the 1st of the delivery month (February, April, June, October, or December). The first box will be sent according to the subscription date.

VII. Modification and termination of the different subscription plans

1. Modification or cancellation of a fixed-term and prepaid subscription plan (4, 6, or 12 months)

Fixed-term subscriptions (see article VI.2) are not modifiable, except for the delivery and billing address (to be changed before the³⁰of the month preceding the delivery of the box). The delivery method cannot be changed during the subscription.

These plans cannot be canceled.

1. Modification or cancellation of a bimonthly subscription with automatic renewal (receive a box every two months)

2.1 Modification of a bi-monthly subscription with automatic renewal

Indefinite duration subscriptions (see article VI.3) cannot be modified except for the delivery and billing address (to be changed no later than the end of the month preceding the box month). The delivery method cannot be changed during the subscription.

2.2 Cancellation of a bi-monthly subscription with automatic renewal

The subscriber can cancel their bi-monthly subscription with automatic renewal (one box every two months) at any time. However, they agree to notify the company via their GINSATIONS account and the Cancel button, or by sending a cancellation email from the address registered on their GINSATIONS account to the following address: bonjour@ginsations.com.

The cancellation will be effective once the subscriber has received an email confirmation.

If the cancellation occurs after the automatic debit made on the 1st of the box month (February, April, June, August, October, or December), the order is concluded for the month concerned. The subscriber cannot request the cancellation of this order by arguing their cancellation request. The cancellation is taken into account for the next box.

If the company decides to terminate a subscriber's subscription, it commits to informing the subscriber by email.

VIII. Automatic payment of a bimonthly subscription: expiration or cancellation of your credit or debit card

Before the expiration date of their credit card or card, the subscriber will receive an email from the company asking them to update their details to continue their subscription. If the subscriber's details are not updated before the 1st of the month (February, April, June, August, October, or December), the subscription will be canceled.

1. Validation of the subscribed order of two (2), three (3), six (6), or bi-monthly boxes

The subscription contract is concluded between the subscriber and the company from the moment the payment has been made. Currently, the subscriber receives a confirmation email. If the subscriber does not receive a confirmation email, the subscription will not be validated, and the company cannot take responsibility for this.

1. Suspension or cancellation of the subscription

In case of non-payment, payment incident, or attempted fraud by a subscriber, the company will suspend or terminate any subscription. The subscriber will not be entitled to any compensation from the company.

1. Buying gifts

When purchasing a subscription as a gift, the buyer must inform GINSATIONS via the comment box located in the cart regardless of the chosen plan (2, 3, or 6 boxes or 1 box with automatic renewal). The customer must then specify that this subscription is a gift by mentioning the terms GIFT or CADEAU and may include a personalized message. By providing the postal address details, the customer will indicate the delivery address of the recipient.

Upon request, gift vouchers can be issued to the buyer's email address or to the postal address of the gift recipient.

With this information, the GINSATIONS team can then personalize the subscription as a gift with the customer's message.

XII. Gins, tonics and other products ordered from the e-Boutique

The company GINSATIONS offers customers, consumers, subscribers, and registrants the possibility to place orders through the website and to purchase, outside of subscriptions, gins, tonics, mixers, and selected products as well as themed boxes, subject to available stock and in compliance with the Terms and Conditions of Sale.

Any order will only be processed after full payment has been received from the customer. Every order will result in an order confirmation sent by GINSATIONS to the email address provided by the customer during registration on the site.

When placing the order, it is the customer's responsibility to verify that the information related to the order complies with their choices (personal data, optional options, delivery and/or billing address of the products, etc.)

GINSATIONS reserves the right to refuse any non-compliant or suspicious order, as well as any order from a customer who has not fully paid for a previous order or with whom a dispute is ongoing.

In case of refusal of the order in this context, the company GINSATIONS will inform the customer as soon as possible and will refund the price paid and collected.

XIII. Shipping Methods

Deliveries are made in mainland France by La Poste-Colissimo, Chronopost, UPS, or Mondial Relay. Deliveries are available in certain EU countries where Mondial Relay delivery services are offered, namely Belgium, Luxembourg, the Netherlands, Germany, Austria, Italy, Spain, and Portugal.

For deliveries outside mainland France, the Subscriber/Customer is considered the importer of the product(s) concerned. Please note that although your order is billed to you with French VAT included, customs duties, taxes, or fees may be charged to you additionally upon delivery.

It is the Subscriber/Client's responsibility to complete all formalities and obtain all necessary authorizations for the acquisition of products from local authorities and to ensure that the products comply with local legislative and regulatory requirements.

Shipments are made around February 5, April, June, August, October, and December. The Company reserves the right to a few days' delay in case of holidays or delays from its suppliers, for example. In case of delivery delay, the Company cannot be held responsible for the consequences.

The Subscriber/Client is responsible for the information they enter on the site. The Subscriber has the option to change the delivery address of their box no later than the 1st of the month preceding the shipment of the box. To do this, they must do it themselves on the website by logging into their account in the "my account" section - "subscription details" - "change my delivery address". The Company cannot be held responsible for the non-receipt of a box or a package.

If all or part of the addresses or information necessary for delivery provided by the Subscriber prove to be incorrect, causing the carrier to return the box or package, the Subscriber/Client will bear the costs and consequences. GINSATIONS may, at the request of the Subscriber/Client, examine this type of situation on a case-by-case basis and propose a return solution to the subscriber, subject to the payment of the necessary shipping costs.

XIV. Order Collection

Subscribers/customers residing in the Basel three-border region (in France, Switzerland, or Germany) have the option to choose "Pick up/Retrait à Leymen (68) France" instead of shipping.

For these Subscribers/Clients, boxes and/or other items purchased on the e-Boutique can be collected free of charge. For the box subscription, a collection is organized every two months, at the time of sending the boxes around February 9, April, June, August, October, and December. The Subscriber who has chosen to collect their box will be informed by email at least one week in advance of the place and day of the collection.

For non-subscription orders, customers can pick up their order the same day, usually within 4 hours of receiving the order execution confirmation.

Subscribers/customers residing in Switzerland or Germany who choose to pick up/remove their order are deemed to import the concerned product(s). Taxes, customs duties, or other fees to be paid are the exclusive responsibility of the subscriber/customer. It is the subscriber's/customer's responsibility to complete all formalities and obtain all necessary authorizations for the acquisition of the products from local authorities.

1. Delivery methods outside subscriptions

The delivery times applicable for product orders, excluding subscriptions via the website's e-Boutique, are those indicated at the time of the order before confirmation.

These delivery times may vary depending on the delivery location, the chosen delivery method, the number of products ordered, and their availability. The delivery times announced at the time of the order are indicated in business days and are subject to order validation.

Products are delivered according to the delivery method chosen by the customer during registration and/or order, based on the delivery address provided by the customer.

If all or part of the addresses or information necessary for delivery provided by the customer at the time of the order prove to be incorrect, requiring GINSATIONS to return the order, the customer will be responsible for bearing the costs and consequences.

XVI. Inventory Management

Orders will be processed based on available stock. The company may, in case of high demand, delay delivery by a few days. In such cases, the company will inform the customer/subscriber by email.

XVII. Access to the website ginsations.com

The company must keep the site accessible without being obligated to achieve this. The company reserves the right to temporarily suspend access to the site for any intervention whatsoever. In such cases, the company cannot be held responsible for the consequences and inconveniences caused to the client/subscriber.

XVIII. Suspension of deliveries

The company reserves the right to suspend the service for a period of one month for any reason whatsoever. In this case, the subscriber who has subscribed to a two-month subscription will not be charged for the month in question. For the subscriber who has subscribed to a subscription of two, three, or six boxes, the subscription will be extended by one box to guarantee the subscriber the number of boxes for which they have subscribed.

XIX. Payment Terms

3-D Secure and encrypted payments are made exclusively by credit card. Payment is processed by Shopify Payments. Payment via PayPal and ApplePay is also available.

• Single payment for two (2), three (3), or six (6) people. boxes
• Recurring payment, bimonthly (every two months)
• Payment for orders outside subscriptions

1. Claims
   
   

Upon receipt of a box shipment, the subscriber/customer is required to carefully check the condition and compliance of the delivered products. In case of a problem during delivery, the subscriber/customer has a period of fourteen (14) days from the receipt of the box/shipment to make a claim. The subscriber/customer then agrees to send an email describing the subject of their claim to the following addressbonjour@ginsations.com

The GINSATIONS team will review the claim and reserves the right to request any necessary evidence for the evaluation of the claim. Only claims concerning defects in the products included in the box/shipment will be considered. Following the company's approval, the subscriber/customer may return the box/order within fourteen (14) days from the receipt of the approval.

The subscriber/customer agrees to return the box/shipment at their own expense, with proof of deposit, to the following address: GINSATIONS, 10 rue du Soleil, 68220 Leymen, France. The subscriber/customer agrees to return all products in their original condition. In case of non-compliance with this procedure, the company's liability cannot be engaged.

In case of a problem during delivery, the company may then offer the subscriber/customer a partial or full refund of the amount for the products and delivery.

Any shipment not collected by the subscriber/client at their post office or relay point, or refused at the time of delivery without explicit mention (and without a loss declaration), La Poste or Mondial Relais will not be entitled to any refund.

XXI. Withdrawal

In accordance with Article L. 121-20 of the Consumer Code, the subscriber/customer has a period of fourteen (14) full days from the date of receipt to return the box or other products at their own expense, with proof of deposit. The subscriber/customer can then obtain a refund (excluding shipping costs) for the box/products without having to provide specific justification.

Given the nature of the product, the implementation of the withdrawal period applies only in the absence of opening the box/shipment and consumption of the contained products. The withdrawal period is also only applicable upon receipt of the first subscription box. The subscriber/client must send a registered letter with acknowledgment of receipt informing the company of their intention to withdraw. The subscriber/client must also return the unopened box shipment with the products contained strictly in their original packaging and condition to the following postal address: GINSATIONS, 10 rue du Soleil, 68220 Leymen, France. The mention "Fragile" must be clearly visible on the shipping carton. The order number and the subscriber/client's contact details must appear clearly on or inside the shipping carton.

The company then commits to refund the subscriber/client within fourteen (14) business days from the date of receipt of the box/shipment.

The right of withdrawal cannot be exercised for products that have been unsealed or opened by the subscriber/customer or the recipient of the order after delivery.

The withdrawal can only be exercised for the first box of the subscription.

XXII. Liability

The company cannot be held responsible for any damages of any kind, whether material, immaterial, or bodily, caused by the use of the products contained in the site box or the shipment/order.

The company declines all responsibility in case of damages caused during the use of its website.

XXIII. Customer Services

For any request for information, clarification, or for any complaint, the client/subscriber/registered user must first contact the company's Customer Service, so that they can try to find a solution to the problem.

The company's customer service is available at the following contact details:

e-mail :bonjour@ginsations.com

XXIV. Information Bulletin

By definitively validating their account, the client/subscriber/registrant agrees that the company may send them a newsletter containing information related to their activity.

When the client/subscriber/registrant checks the box provided for this purpose in the registration process on the site, they agree to receive commercial offers from the company for products such as those ordered.

Subscribers/clients/registrants will have the option to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each of the newsletters.

XXV. Information Technology and Freedoms

The information and data collected by the company during any subscription or order are necessary for order management.

They may be transmitted to companies that contribute to this management, such as those responsible for the execution of services and orders for their management, execution, delivery, processing, and payment. This information and data are also retained for security purposes, to comply with legal and regulatory obligations, and to enable the company to improve and personalize the services offered and the information provided.

The receipt of commercial messages is subject to the confirmation of your opt-in during registration (checkbox). You can also manage your email preferences from your customer area. In accordance with the Data Protection Act, the customer has the right to access, rectify, and delete personal data concerning them. The customer must write to bonjour@ginsations.com by providing their last name, first name, email address, and customer reference.

Depending on the choices made during the creation or consultation of their account, the client may receive offers from the company as indicated during the account creation.

XXVI. Intellectual Property

The brand GINSATIONS is registered with the National Institute of Intellectual Property (INPI) under number 184 474 264.

No use of trademarks, logos, designs, models, or other elements of the site. ginsations.com cannot be copied, reproduced, modified, republished, or distributed without the prior written consent of GINSATIONS.

XXVII. Applicable law and dispute resolution

These terms are subject to French law.

The parties (company and subscriber/client/registered user) will always strive to find an amicable solution before taking the matter to court. If this is not possible, all disputes will be brought before the Mulhouse court.