General Terms and Conditions of Sale and Use

Effective date: May 11, 2023

Legal Notice

In accordance with Article L.3342-1 of the Public Health Code and Law No. 2009-879 of July 21, 2009, the sale of alcohol to minors is prohibited. Consequently, anyone who subscribes to a subscription or purchases a bottle of gin on the site www.ginsations.com commits to being of the legal age required in France, that is, 18 (eighteen) years old at the date of purchase.

Alcohol abuse is dangerous for your health. Consume in moderation.

In accordance with the provisions of Article 6 III-1 of Law No. 2004-575 of June 21, 2004, for confidence in the digital economy, we inform you that this site www.ginsations.com (hereinafter "the Site") is the exclusive property of the company GaBeSa, a limited liability company (single-member company) under French law, with a share capital of €750, registered with the Mulhouse Trade Register under number B 897 844 957, APE code 4791A, SIRET number 89784495700018, and intra-community VAT number FR83897844957. 

Company name: GaBeSa

Trade name: GINSATIONS

Address: 10 rue du Soleil, 68220 Leymen

Email: bonjour@ginsations.com

Publication Director: S. BAKER

The site is hosted by the company Go Daddy.  

The company GaBeSa has taken out a "professional liability" insurance policy with Banque Populaire.

General Terms and Conditions of Sale and Use

1. Preambles

The company GaBeSa primarily offers its Customers Subscription services related to the discovery of gin, tonics, and carefully selected mixers.

The company GaBeSa is the sole operator of the Site www.ginsations.com on which its customers can subscribe to a subscription to then receive a box containing one (1) bottle of gin and one (1) or two (2) tonics or mixers selected by GINSATIONS. The Subscriber can access explanations about the gin and the selected tonics in the flyer they receive in their box.

The company GaBeSa also offers its Clients, Subscribers and Registered Users on the Site the possibility to place an Order on the Site to purchase, outside of subscriptions, gins, tonics and mixers as well as various products on the theme of gin and cocktails selected by the company GaBeSa, in a determined quantity.

To access and fully enjoy the services of the company GaBeSa, the Subscriber, the Client or the Registered User must fully accept these General Terms and Conditions of Sale (GTC) which they can freely save and print. 

1. Preliminary definitions

The following definitions apply within the framework of the GTC:

Company: SARL GaBeSa

The Website: refers to the site www.ginsations.com unless otherwise indicated.

Subscriber(s) : any person who has subscribed to a subscription on the site www.ginsations.com aged 18 years minimum, placing an Order on the Site, for their personal needs or on behalf of a third party, under the terms and conditions of these GTC.

The Subscriber is necessarily, within the meaning of the Consumer Code:

- A consumer: any natural person acting for purposes that do not fall within the scope of their commercial, industrial, craft, liberal or agricultural activity or

- A non-professional: any legal entity that does not act for professional purposes.

In the event that the Subscriber wishes to allow a third party to benefit from all or part of the products and services of the company GaBeSa, they declare and guarantee that said third party is of legal age and guarantees to GaBeSa the compliance by said third party with the obligations under these GTC;

Client(s) : refers to any Registered User, at least 18 years old, placing an Order on the Site, for their personal needs or on behalf of a third party, under the terms and conditions of these GTC.

The Client is necessarily, within the meaning of the Consumer Code

- A consumer: any natural person acting for purposes that do not fall within the scope of their commercial, industrial, craft, liberal or agricultural activity or

- A non-professional: any legal entity that does not act for professional purposes

In the event that the Client wishes to allow a third party to benefit from all or part of the products and services of the company GaBeSa, they declare and guarantee that said third party is of legal age and guarantees to GaBeSa the compliance by said third party with the obligations under these GTC. 

Personal Account : refers to the account created by the Subscriber, the Client or the Registered Member on the Site and accessible by them using their personal login credentials and password.

Personal data: refers to personal data allowing the direct or indirect identification of the Visitor, the Registered User, the Client and/or the Subscriber during their registration on the Site and the creation of their Personal Account (e.g., name, first name, email address, postal address, username, phone number, IP address, etc.).

Registered(s): designates any person, at least 18 years old, who has created a Personal Account on the Site www.ginsations.com.

These GTC may be subject to modifications by the company GaBeSa, which reserves the right to correct any omission or accidental error, as well as on any other contractual document.

Visitor(s): designates any person visiting the site www.ginsations.com. The visitor commits to being of the legal age required in France, that is, 18 (eighteen) full years.

III. Acceptance of the general terms and conditions of sale

The GTC will be accepted from the moment the Subscriber/Client/Registered User clicks on the "Create my account" button. The Company reserves the right to modify these GTC at any time.

1. Box Contents

- The Subscriber receives every two months one (1) bottle of gin and one (1) or two (2) tonics or mixers selected by GINSATIONS.

- The Subscriber receives explanations and tasting advice in a flyer contained in the box. They also receive a small gift with a market value of less than 10 euros.

- The Subscriber also has access to explanations on the website www.ginsations.com

- The Subscriber finally has privileged access to the online shop to repurchase gins, tonic, mixers, and any product contained in the box at the best price.

The Subscriber/Client/Registered User/Visitor finds on the site an overall idea of the products offered. The photographs, items, advice, and explanations that the Subscriber/Client/Registered User/Visitor may find there are purely the Company's subjective opinion. This information is given for informational purposes only and does not bind the Company in any way. The products offered comply with French legislation.

Brands, products, and designations remain the exclusive property of the producers. The Company acquires no rights over these brands and cannot be held responsible for claims regarding these brands, products, and designations.

1. Price and billing

The prices of the Box, gins, tonics, and items in the shop are expressed in euros. The prices indicated on the website do not include shipping unless otherwise stated. When the Client/Subscriber places an order, the price indicated at the end of the order is the total price including tax to be paid.

All transactions made on the site are carried out by credit card via STRIPE or via PayPal. A confirmation appears at the end of the transaction to validate the Subscriber's/Client's purchase. An invoice is sent to the Subscriber/Client at the email address provided by them. The Subscriber/Client is solely responsible for the email address they entered during the order. In case of an error in entering the email address by the Subscriber/Client, resulting in the non-delivery of the invoice, the Company's liability cannot be engaged under any circumstances.

When the order is finalized and approved by sending a confirmation email, the Subscriber/Customer becomes responsible for the items upon delivery, with transfer of possession equating to transfer of risk.

1. Operation of the different subscription plans

The Company offers several subscription plans. In all cases, Customers have the option to subscribe in their own name or to gift to a third party.

1. Subscriptions - general information
   
   

The Company offers a box every two months (bimonthly), namely a box in December, a box in February, a box in April, a box in June, a box in August, and a box in October. All boxes are sent around the 5th of the month. 

2. Fixed-term subscription
   
   

Fixed subscription paid in advance and without automatic renewal.

Renewal of this subscription plan is the responsibility of the subscriber. If at the end of the subscription period, that is once the two (2), three (3), or six (6) boxes have been shipped, the Subscriber wishes to renew their subscription, they must select a subscription plan again.

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.

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

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

When a Subscriber subscribes to a six (6) month subscription, they receive three (3) boxes over the following six (6) months. The first box will be sent based on the subscription date. The next two will be sent respectively two months and four months after the first.

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

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

When a Subscriber subscribes to a four (4) month subscription, they receive two (2) boxes over 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.

Payment for two (2) boxes and shipping fees for four (4) months is made in a single payment at the time of subscription. The Subscriber cannot cancel their subscription for two (2) boxes over four (4) months.

1. Automatically renewable subscription without prepayment

Receive the Box every two (2) months

Subscription allowing to receive a box every two (2) months. The first box will be sent according to the purchase date.

When a Subscriber subscribes to a no-commitment subscription – one (1) box every two (2) months – they commit for an indefinite duration, that is, without time limit. By accepting this offer, the Client agrees to a bimonthly debit of 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 (the amount corresponds to the box price at the current rate and shipping fees 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 Cancellation of the different subscription plans

1. Modification or Cancellation of fixed-term subscriptions (4, 6, or 12 months)

Fixed-term Subscriptions (see article VI.2) cannot be modified except for the delivery and billing address (to be changed no later than the 1st of the box month). The delivery method cannot be changed during the subscription.

These plans cannot be canceled.

    2. Modification or Cancellation of the Subscription indefinite duration (a recurring subscription every 2 months)

2.1 Modification of the indefinite duration subscription (recurring)

Indefinite duration Subscriptions (see article VI.3) cannot be modified except for the delivery and billing address (to be changed no later than the 30th of the month before the box month). The delivery method cannot be changed during the subscription.

2.2 Subscription Cancellation indefinite duration (recurring)

The Subscriber can cancel their recurring subscription at any time. However, they agree to notify the Company through their GINSATIONS account using 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 taken into account from the moment the Subscriber has received a confirmation email.

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 considered concluded for the month concerned, and the subscriber cannot demand the cancellation of this order by citing their cancellation request. The unsubscription will be effective for the next box.

In the event that the Company decides to terminate a Subscriber’s subscription, it commits to notifying them by email.

VIII. Bimonthly subscription automatic debit: Expiration or cancellation of your bank card or credit card

Before the expiration date of their bank card or credit 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 terminated by default.

1. Validation of the subscription order for two (2) boxes, three (3) boxes, six (6) boxes, and bimonthly

The subscription contract is concluded between the Subscriber and the Company from the moment payment is made. At that time, the Subscriber receives a confirmation email. If the Subscriber does not receive a confirmation email, the subscription will not be validated and the Company’s liability cannot be engaged.

1. Suspension or cancellation of subscription

In case of payment default, payment incident, or fraud attempt by a Subscriber, the Company will suspend or cancel any subscription. The Subscriber will then not be entitled to any compensation from the Company.

1. Purchase as a gift

When purchasing a subscription as a gift, the Client must notify GINSATIONS via the comment box located at the cart level regardless of the chosen plan (2, 3, or 6 boxes or 1 box with automatic renewal). The Client must specify that this subscription is a gift by mentioning the terms GIFT or CADEAU and may include a personalized message. When providing postal address details, the Client will indicate the address and mobile phone number of the recipient. If the Client wants to receive a gift certificate to present to their recipient, please inquire and our team will be happy to send it by email or mail directly to your recipient. 

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

XII. Orders of Gins, Tonics, and other products in the Shop

The company GaBeSa offers Clients, Subscribers, and Registered users the possibility to place Orders through the Site and purchase, outside of subscription, Gins, Tonics, mixers, and selected products as well as themed boxes, subject to available stock and in compliance with these GTC.

Any Order will only be taken into account after full payment has been received from the Client. Any Order will result in an Order confirmation sent by the company GaBeSa to the email address provided by the Client during registration on the Site.

When placing an Order, it is the Client's responsibility to verify that the information related to the Order matches their choices (Personal Data, delivery method, possible options, delivery and/or billing address of the products, etc.).

The company GaBeSa reserves the right to refuse any non-compliant or suspicious Order, as well as any Order from a Client who has not fully paid a previous Order or with whom any dispute is ongoing.

In case of refusal of the Order in this context, the company GaBeSa will inform the Client as soon as possible and will refund the price paid and charged.

XIII. Delivery Terms 

Deliveries are made in mainland France via La Poste—Colissimo, Mondial Relay, UPS, or Chrono Shop2Shop. We also deliver to certain EU countries where Mondial Relay delivery services are available, namely Belgium, Luxembourg, the Netherlands, Germany, Austria, Italy, Spain, and Portugal.  

For deliveries outside mainland France, the Subscriber/Client is deemed to be the importer of the product(s) concerned. Please note that your order is invoiced with VAT in France and, depending on the country, customs duties may be charged to you additionally upon delivery. 

It is the Subscriber's/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.

Box subscription shipments are made around the 5th of the months of February, April, June, August, October, and December. The Company reserves the right to a few days' delay in case of, for example, public holidays or delays from its suppliers. 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 website. 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 under the section "my account" – "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, it will be the Subscriber's/Client's responsibility to bear the costs and consequences. The company GaBeSa may, following the Subscriber's/Client's request, examine such situations on a case-by-case basis and propose a reshipment solution to the client, subject to payment of the necessary shipping fees.

XIV. Order Collection

Subscribers/customers living in the Basel tri-border region (in France, Switzerland, or Germany) have the option to choose the “Pick-up/Retrait à Leymen (68) France” delivery method. 

For these Subscribers/Customers, boxes and other products can be collected without delivery charges. For boxes, pickup is organized every two months, around the 7th of February, April, June, August, October, and December, at the time of box shipment. Subscribers who have chosen to collect their box will be informed by email at least one week in advance of the pickup location and date. For non-subscription orders, Customers can pick up their order the same day, usually within 4 hours following receipt of an order execution confirmation.

Subscribers/Customers living in Switzerland or Germany and choosing to pick up the order are considered importers of the product(s) concerned. All taxes, duties, customs fees, or other charges 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 acquiring the products from local authorities.

1. e-Boutique Delivery Method (excluding Subscriptions)

The delivery times applicable for Product Orders placed outside of Subscription via the Site are those indicated at the time of the Order, before its validation.

These timeframes may vary depending on the delivery location, the quantity of Products ordered, and their availability. Delivery times announced at the time of the Order are indicated in business days excluding holidays and subject to Order validation.

Products are delivered by GaBeSa according to the shipping method chosen by the Customer during registration and/or when placing the order, to the delivery address indicated 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, causing GaBeSa to return the Order, the Customer will be responsible for the costs and consequences. 

XVI. Stock Management

Orders will be processed based on available stock. The Company may, in case of high demand, delay the delivery of boxes or other products by a few days. In such cases, the Company will inform the Subscriber/Customer by email.

XVII. Access to the website www.ginsations.com

The Company must keep the website accessible without being under any obligation to do so. The Company reserves the right to temporarily suspend access to the site for any intervention whatsoever. The Company cannot be held responsible for the consequences and inconveniences caused to the Subscriber/Client in this case.

XVIII. Suspension of shipments for subscriptions

The Company reserves the right to suspend the service for a period of one month, for any reason whatsoever. In this case, the Subscriber with a bimonthly subscription will not be charged for the month in question. For the Subscriber with 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 subscribed.

XIX. Payment Terms

Payment is made exclusively by credit card. The payment system is secured by Shopify Payments (via ReCharge for subscriptions) or by PAYPAL or ApplePay companies.

- One-time payment for subscriptions of two (2), three (3), or six (6) boxes

- Recurring bimonthly payment (every two months)

- Payment for orders outside subscriptions

1. Claim

Upon receipt of their box or package, the Subscriber/Client is required to carefully check the condition and conformity of the delivered products. In case of a delivery problem, the Subscriber/Client has fourteen (14) full days after receipt to file a claim. The Subscriber/Client then agrees to send an email (and a photo in case of damage/breakage of bottles) describing the subject of their claim to the address: bonjour@ginsations.com

The GINSATIONS team will review the claim and reserves the right to request any necessary evidence to assess the claim. Only claims concerning defects in the products included in the box will be considered. Following the Company's express agreement, the Subscriber/Client may return the box/package within fourteen (14) days following receipt of the agreement.

The Subscriber/Client also agrees to return the box/package at their own expense, with proof of deposit, to the following address: GINSATIONS, 10 rue du Soleil, 68220 Leymen, France. The Subscriber/Client 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 the event that a delivery problem is confirmed, the Company may then offer the Subscriber/Client a partial or full refund of the product and delivery amount.

Any shipment not collected by the Subscriber/Client from their Post Office or Relay Point or refused upon delivery without explicit mention (and without a claim declaration) from Colissimo-La Poste, Chronopost, UPS, DHL, or TNT will not be eligible for any refund.

XXI. Withdrawal

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

Given the nature of the product, the application of the withdrawal period is only applicable if the box/package has not been opened and the products contained have not been consumed. The withdrawal period is also only applicable upon receipt of the first box of the subscription. The Subscriber 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/package with the products contained strictly in their original packaging, carton, and condition to the postal address: GaBeSa, 10 rue du Soleil, 68220 Leymen. The mention "FRAGILE" must be clearly visible on the shipping carton. The order number and the Subscriber's/Client's contact details must be clearly indicated on or inside the shipping carton.

The Company then commits to refund the Subscriber/Client within fourteen (14) working days from the date of receipt of the box/package.

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

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

XXII. Liability

The Company cannot be held responsible for any damages, whether material, immaterial, or bodily, caused by the use of the products contained in the box or package.

The Company also declines all responsibility in case of damage caused during the use of its website. 

XXIII. Customer Service

For any request for information, clarification, or any complaint, the Client/Subscriber/Registered user must first contact the Company's Customer Service, to allow them to try to find a solution to the problem.

The Company's Customer Service is accessible using the following contact details:

Email: bonjour@ginsations.com

XXIV. Newsletter

By definitively validating their account, the Client/Subscriber/Registered user agrees that the Company may send them a newsletter (information letter) that may contain information related to their activity.

When the Client/Subscriber/Registered user checks the box provided for this purpose during the registration process on the Site, they agree to receive commercial offers from the Company for products similar to those ordered.

Subscribers/Clients/Registered users will have the option to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each Newsletter (information letters).

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 involved in this management such as those responsible for executing services and orders for their management, execution, delivery, processing, and payment. This information and data are also kept for security purposes, to comply with legal and regulatory obligations, and to allow the Company to improve and personalize the services offered and the information sent.

Receiving commercial messages is conditioned on confirming your "opt-in" during registration (checkbox). You can also manage your email preferences from your client area. In accordance with data protection laws, Subscribers/Clients have the right to access, rectify, and delete their personal data. The Subscriber/Client must write to bonjour@ginsations.com, providing their first and last names, email address, and client reference.

Depending on the choices made when creating or consulting their account, the Subscriber/Client may receive offers from the Company as indicated during account creation.

XXVI. Intellectual Property

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

No use of the trademarks, logos, designs, models, or other elements composing the www.ginsations.com site may be copied, reproduced, modified, reissued, or distributed without the prior written consent of the company GaBeSa.

XXVII. Applicable Law and Dispute Resolution

These Terms and Conditions of Sale are subject to French law.

The parties (Company and Subscriber/Client/Registrant) 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.

Official Information

Site Editor:
S. BAKER

GaBeSa

10 rue du Soleil, 68220 Leymen, France

R.C.S. Mulhouse: B 897 844 957

Site Host: 

GO DADDY

14455 North Hayden Road, Suite 219

Scottsdale, AZ 85260, United States