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Terms and Conditions of Sale

Effective date: November 28, 2018

Legal Information

According to the article L.3342-1 of the law of public health and the law n°2009-879 of the 21stof July 2009, selling alcohol to minors is prohibited. Consequently, any person subscribed to the site www.ginsations.com agrees to be of legal age in France (18 years old or above at the date of the registration).

The abuse of alcohol is dangerous for your health. Drink in moderation.  

According to the article 6 III-1 of the law n°2004-575 of the 21st of June 2004 for confidence in the digital economy, we inform you that the site www.ginsations.com is the exclusive property of the company of GINSATIONS.

Legal structure: Individual company (Stefani Baker micro-enterprise)

Address: 6 rue du Waldeck, 68220 Leymen FRANCE

SIRET number: 843 297 631 00015

E-mail: bonjour@ginsations.com

Director of publication: Stefani Baker

The site is hosted by Go Daddy.

GINSATIONS is insured by an insurance « responsabilité civile » from Crédit Mutuel. 

 

Terms and Conditions of Sale

I. Preamble

GINSATIONS principally offers its clients subscription services related to the discovery of gin, tonics, and mixers selected with care.

GINSATIONS is the only exploiter of the site www.ginsations.com on which its clients can sign up for 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 different explanations on the gin and tonics selected in the flyer they receive in their box.

GINSATIONS offers its clients, subscribers or registered the possibility to order gins, tonics and mixers and different gin and cocktail-themed products on the site, selected by the GINSATIONS team, in a limited quantity.

To access and benefit fully of the services of GINSATIONS, the client, subscriber or registered must have fully accepted the Terms and Conditions of Sale, which they can freely save and print. Please note: As we are based in France, the French Conditions Générales de Vent (CGV) document is the legal agreement and this Terms and Conditions of Sale document is only a translation into English.

II. Predefinitions

The following definitions apply as part of the CGV:

Company: GINSATIONS, an individual company

The Website: refers to www.ginsations.com, indicated otherwise

Subscribers: any person subscribed to a subscription on the site www.ginsations.com, aged 18 years minimum, ordering from this site for personal needs or for someone else’s within the terms and conditions of the CGV.

The subscriber must be within the law of consumption:

  • A consumer: any physical person acting for purposes, which do not fit into the setting of their commercial, industrial, artisanal, liberal or agricultural activity
  • A non-professional: any moral person not acting on professional means

In the case where the subscriber would like to benefit from part of or all of the products and services offered by GINSATIONS, they declare and guarantee that they are of legal age and respect the obligations stated by GINSATIONS CGV.

Clients: refers to any subscriber, aged 18 years minimum, ordering from the site on their personal behalf or on the behalf of someone else within the conditions stated in the CGV.

The client is necessarily within the law of consumption:

  • A consumer: any physical person acting for purposes, which do not fit into the setting of their commercial, industrial, artisanal, liberal or agricultural activity 
  • A non-professional: any moral person not acting on professional means

In the case where the client would like 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 respect the obligations stated by GINSATIONS CGV.

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

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

Registered: refers to any person, aged 18 years minimum, possessing a personal account on the site www.ginsations.com.

GINSATIONS gives itself the right to correct any omission or accidental error to the CGV, as well as on any other contractual document.

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

III. Approval of the general sales terms and conditions 

The CGV can be approved once the subscriber/client/registered clicks on the tab “create my account”. The company reserves itself the right to modify the CGV at any time.

IV. Contents of the Box

  • The subscriber receives every other month one (1) full-size bottle of gin and  one (1) to two (2) tonics or mixers (depending on size) selected by GINSATIONS
  • The subscriber receives explanations and tips in a flyer that comes with the box. They also receive a small gift under the value of 15 euros.
  • The subscriber has access to other explanations on the site ginsations.com
  • The subscriber has a privileged access to the online boutique to re-purchase the gin contained in the box at a discount. 
  • The subscriber/client/registered/visitor can find all the offered goods on the site. The pictures, articles, tips, and explanations that the subscriber/client/registered visitor can find on the site represent only the subjective opinions of the company. This information is given out for indicative purposes and does not engage the company in any way. The products offered are in line with the French law.
  • The brands, goods, and appellations stay the exclusive property of the producers. The company has no right to these brands and can therefore not be held responsible for the reclamations of these brands, goods, and appellations.

V. Price and Billing

The price of the box, the gins, the tonics and articles in the shop are priced in euros. The prices shown on the site do not include the shipping fee unless mentioned otherwise. When the client/subscriber places an order, the indicated price at the end of the order is the net price to pay (TVA non-applicable, according to article 293 B of the French general tax code).

All transactions made on the site are secure and made by credit card via Stripe and ReCharge. A confirmation appears at the end of the transaction to validate the purchase of the client/subscriber. An invoice is addressed to the client/subscriber by the corresponding email. The client/subscriber is the sole responsible person of the email they enter during the finalization of the order. In case of error, while submitting the e-mail address, leading the bill to not be delivered correctly, the responsibility of the company will not be engaged.

Once the order is finalized and approved by sending a confirmation email, the subscriber/the client becomes responsible for the articles once delivered, the transfer of ownership containing its own risks. 

VI. Operation of the different subscription plans

The company offers multiple subscription plans. In all cases, the clients will have the possibility to subscribe to a subscription in their own name or to offer to another person. 

  1. Subscriptions – General

The company offers a box every other month (bi-monthly): in December, February, April, June, August, and October.

All members can subscribe to a subscription during these sale periods and will receive the box as follows:

December 2018 Box: sales between November 23rd and December 6th. The box is sent around December 19th, exceptionally for Christmas.

February Box: sales between December 7thand January 14th. The box is sent around February 5th.

April Box: sales between January 15th and March 14th. The box is sent around April 5th.

June Box: sales between March 15th and May 14th. The box is sent around June 5th.

August Box: sales between May 15th and July 14th. The box is sent around August 5th.

October Box: sales between July 15th and September 14th. The box is sent around October 5th.

December Box: sales between September 15th and November 14th. The box is sent around December 5th.

  1. Subscriptions - Prepaid fixed term

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

The renewal of this subscription plan will be up to the subscriber. If at the end of the subscription period, once the two (2) boxes, three (3) boxes or six (6) boxes have been shipped, if 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 for a twelve (12) month subscription, they receive six (6) boxes within the next twelve (12) months. The first box will be sent according to the date of the subscription.

The payment for six (6) boxes and shipping costs for twelve (12) months, is made in one go when subscribing. The subscriber may not terminate their six (6) boxes for the twelve (12) months subscription.

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

When a subscriber subscribes for a six (6) month subscription, they receive three (3) boxes within the next six (6) months. The first box will be sent according to the date of the subscription. The next two will be sent two months and four months after the first.

The payment of three (3) boxes and shipping costs for six (6) months is made in one go when subscribing to the subscription. The subscriber may not 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 subscribes for a four (4) month subscription, they receive two (2) boxes within the next four (4) months. The first box will be sent according to the date of the subscription. The next will be sent two months after the first.

The payment, two (2) boxes and shipping costs for four (4) months, is made in one go when subscribing. The subscriber may not terminate their two (2) boxes for four (4) months.

3. Subscriptions - Automatically renewing without prepayment

 Receive a box every two (2) months.

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

When a subscriber subscribes to a non-binding subscription - one (1) box every two (2) months - he commits himself to an indefinite period. That is to say without limitation of duration. By accepting this offer, the customer accepts a bi-monthly box of an amount defined at the time of the initial order. The bi-monthly subscription terminates if either party so decides.

The first box is paid on the day of the order. The company then debits the subscriber the amount corresponding to a box (an amount which corresponds to the box price 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 date of the subscription.

VII. Modification and Cancellation of the different subscription plans

1. Modification or termination of a fixed term, 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 modified by the 30thof the month prior to the delivery of the box). The delivery method cannot be modified during a subscription.

These plans cannot be canceled.

2. Modification or cancellation of a bi-monthly, auto-renewing subscription (receive a box every other month)

2.1 Modification of a bi-monthly, auto-renewing subscription

Subscriptions of indefinite durations (see article VI.3) are not modifiable besides the address of delivery and invoicing (to modify at the latest the end of the month before the month of the box). The delivery method cannot be modified during a subscription.

2.2 Cancellation of a bi-monthly, auto-renewing subscription

The subscriber may at any time cancel their bi-monthly, auto-renewing subscription (one box every two months). However, they undertake the notification of the company via their GINSATIONS account and the Cancel button, or by sending an e-mail of cancellation 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 an e-mail confirmation.

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

In the event that the company decides to cancel a subscriber's subscription, they undertake to notify the subscriber by e-mail. 

VIII. Automatic payment for a bi-monthly subscription: expiration or cancellation of your credit card or debit card

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

XI. 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. At this time, the subscriber receives an e-mail confirmation. If the subscriber does not receive an e-mail confirmation, the subscription will not be validated and the company cannot take responsibility for this matter.

X. Subscription suspension or cancellation

In the event of a payment default, payment incident or attempted fraud by a subscriber, the company will suspend or cancel any subscription. The subscriber will not be able to claim any compensation from the company.

XI. Gift purchase

When buying a subscription as a gift, the buyer must notify GINSATIONS via the comment box located in the basket 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, mentioning the terms GIFT or CADEAU and may include a personalized message. When giving details of the mailing address, the client will indicate the shipping address of their beneficiary.

With this information, the GINSATIONS team can then customize the subscription as a gift with the message from the customer. 

XII. Gins, tonics and other products orders

The GINSATIONS company offers customers and subscribers and registrants the opportunity to place an order through the site and acquire, excluding subscription, gins, tonics, mixers and selected products as well as themed boxes, within the limit of stocks available and in compliance with the CGV.

Any order will be taken into account only after reception of the complete payment from the customer. Any order will result in an order confirmation sent by the company GINSATIONS to the email address that the customer has communicated when registering on the site. 

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

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

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

XIII. Delivery methods within the subscription plans

Deliveries are made exclusively in metropolitan France and Corsica via La Poste-Colissimo 48h service. The subscriber/customer is responsible for the information they enter on the website.

Shipments are made around the 19th of December 2018, exceptionally for Christmas, and around the 5th of February, April, June, August, October and December 2019. The company grants itself the right to a few days delay, for example, due to holidays, or delay from its suppliers. In case of delay in delivery, the company cannot be held responsible for the consequences.

The subscriber has the possibility to change the delivery address of his box at the latest the 1stof the month preceding the sending of the box. For this, they must do it themselves on the website by logging into their account from "my account" - "details of the subscription" - "change my delivery address". The company cannot be held responsible if a customer does not receive their box. 

If all or part of the addresses or information needed for delivery provided by the subscriber proves to be incorrect, forcing the carrier to return the box, it will be up to the subscriber to bear the costs and consequences. The company GINSATIONS may, following the subscriber's request, study this type of situation on a case-by-case basis and propose a return solution to the customer, subject to payment of the necessary shipping costs.

XIV. Collection of the boxes as part of the subscription plans

Subscribers living in the region of the three borders of Basel (in France, in Switzerland or in Germany) have the possibility of choosing the mode "collection" in place of delivery.

For these subscribers, the boxes can be collected, without delivery costs. The collection is organized every two months, at the time of the box shipment (around the 20th of December 2018, exceptionally for Christmas, and around the 7th of February, April, June, August, October, and December of 2019). The subscriber who has chosen to collect his box will be informed by e-mail, at least one week before, of the place and day of collection.

Subscribers living in Switzerland or Germany and choosing the “pick up/collection” method are deemed importers of the products concerned. All taxes, customs duties or other services to be paid are the sole responsibility of the subscriber. It is up to the subscriber to carry out all the formalities and to obtain all the authorizations necessary for the acquisition of the products after local authorities. 

XV. Delivery methods outside of subscriptions

The delivery periods applicable in the context of the orders of products, outside of subscriptions through the site’s Boutique, are those indicated at the time of the order, before validation.

These deadlines are likely to vary according to the place of delivery, the chosen delivery method, the number of products ordered and their availability. Delays of deliveries announced during the order are indicated in working days and subject to validation of the order.

The products are delivered by the company GINSATIONS according to the formula chosen by the customer when registering and/or placing an 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, during the order, prove incorrect forcing the company GINSATIONS to return the order, it will be up to the customer to bear the costs and consequences. 

XVI. Inventory management

Orders will be processed according to available stocks. The company may be required, in case of high demand, to delay the delivery of boxes by a few days. In this case, the company will inform the subscriber by e-mail.

XVII. Access to the website ginsations.com

The company must maintain the website accessible without being bound by any obligation to do so. The company reserves the right to suspend access to the site temporarily for any intervention whatsoever. The company cannot, in this case, be held responsible for the consequences and inconvenience caused to the subscriber.

XVIII. Suspension of deliveries 

The company reserves itself 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 bi-monthly subscription will not be debited for the month in question. For the subscriber who has subscribed for 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 methods

Secure and encrypted payment is made exclusively by credit card. The payment is supported by STRIPE via ReCharge.

  • One-time payment for two (2), three (3) or six (6) boxes
  • Recurring bi-monthly (every other month) payment
  • Order payment excluding subscriptions 
XX. Claims

When receiving a box, the subscriber is required to carefully check the condition and conformity of the delivered products. In case of a problem during the delivery, the subscriber has fourteen (14) days after they receive the box to make a claim. The subscriber then agrees to send an e-mail describing the subject of his complaint to the address bonjour@ginsations.com

The GINSATIONS team will review the claim and reserves itself the right to ask for any evidence necessary to evaluate the claim. Only complaints concerning the defectiveness of the products included in the box will be taken into account. Following the agreement of the company, the subscriber may return the box within fourteen (14) days of receipt of the agreement.

The subscriber agrees to return the box at their own expense, with proof of deposit, to the following address: GINSATIONS, 6 rue du Waldeck, 68220 Leymen. The subscriber agrees to return all products in their initial state. In case of non-compliance with this procedure, the responsibility of the company cannot be engaged.

In the event of a problem during the delivery, the company may then propose to the subscriber a partial or total refund of the amount of the products and delivery. 

Any shipment not recovered by the subscriber at his post office or refused at the time of delivery without explicit mention (and without a declaration of loss), La Poste will not claim any refund. 

XXI. Withdrawal

According to the Article L. 121-20 of the Consumer Code, the subscriber has a period of fourteen (14) clear days from the date of receipt to return the box at its expense, with proof of deposit. The subscriber will then be able to obtain reimbursement (excluding postage) of the box without having to provide precise justification.

Given the nature of the product, the implementation of the withdrawal period applies only in the absence of opening the box and the consumption of products contained. The withdrawal period is also applicable only upon receipt of the first box of the subscription. The subscriber must send a registered letter with acknowledgment of the receipt informing the company of their desire to retract. The subscriber must also return the unopened box with the products contained imperatively in their packaging and state of origin to the following postal address: GINSATIONS, 6 rue du Waldeck, 68220 Leymen. The word "Fragile" should be clearly visible on the shipping carton. The order number and the customer's contact details must appear clearly on or in the shipping carton.

The company then undertakes the reimbursement of the subscriber within fourteen (14) working days from the date of receipt of the box. 

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

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

XXII. Responsibility

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

The company declines any responsibility in case of damages caused when using its website.

XXIII. Client Services

For any request for information, clarification or for any claim, the client/subscriber/ registrant must contact, in priority, the Customer Service of the company, to enable the latter to try to find a solution to the problem.

The company's Customer Service is accessible using the following coordinates: 

E-mail: bonjour@ginsations.com

XXIV. Newsletter

By definitively validating their account, the client/subscriber/registrant agrees that the company may send them a newsletter that may contain information relating to its 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 similar to those ordered.

Subscribers/customers/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. Data processing and liberties

The information and data collected by the company during any subscriptions or orders are necessary for the management of the orders.

They can 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 kept for security purposes, in order to comply with legal and regulatory obligations and to enable the company to improve and personalize the services offered and the information provided.

The reception of commercial messages is conditioned to the confirmation of your opt-in during the registration (checkbox). You can also manage your e-mail preferences from your client area. In accordance with the Data Protection Act, clients have the right to access, rectify and delete personal data concerning them. The customer must write to bonjour@ginsations.com, indicating their name, first name, e-mail address, and customer reference.

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

XXVI. Intellectual property

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

No use of trademarks, logos, designs, models or other elements of the site www.ginsations.com may 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/customer/registered) will always strive to find an amicable solution before bringing the case to court. If this is not possible, all disputes will be brought before the court of Mulhouse. 

Official Information:

Publisher of the Site:

S. Baker

Individual company 

6 rue du Waldeck, 68220 Leymen

France

R.C.S. of Mulhouse: 843 297 631 

Website Host:

Go Daddy

14455 North Hayden Road

Suite 219

Scottsdale, AZ 85260

United States