General terms of sale

Preamble

 

These general conditions of sale apply to all sales made on the website

https://www.beerscovery.ch.

 

The contact details of the company are as follows:

• Our website link:

https://www.beerscovery.ch

• Company Name :

LOUMABEV Sàrl

• Address :

Rue de la Gare 30B, 1110 Morges, Vaud, Switzerland 

• Mail address :

info@beerscovery.ch

• Company number:

CHE-340.665.420

 

The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented in the Seller's catalogues. The photographs and graphics presented are not contractual and cannot engage the responsibility of the Seller. The Customer is required to refer to the description of each Product in order to know its properties and essential particularities.

Product offers are within the limits of available stocks.

 

 

 

 

The customer declares to have read and accepted the general conditions of sale prior to placing his order. The validation of the order therefore implies acceptance of the general conditions of sale.

 

 

Article 1 - Principles

 

These general conditions express the entirety of the obligations of the parties. In this sense, the customer is deemed to accept them without reservation.

These general conditions of sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or by means of marketing or other distribution channels.

They are accessible on the website https://www.beerscovery.ch and will prevail, where applicable, over any other version or any other contradictory document.

Buyer and Seller agree that these terms and conditions govern their relationship exclusively. The seller reserves the right to modify its general conditions from time to time, which will be applicable as soon as they are put online.

If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies have their headquarters in France.

 

 

Article 2 - Content

 

Object. The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, from the website https://www.beerscovery.ch.

 

Ability. The use of the site to place an order presumes the and the acceptance of all the terms of these general conditions The Customer declares to be of legal age and able to contract under the law of his country or declares to represent, under 'a valid mandate, the person for whom he carries out the order.

 

Acceptance of the T&Cs. The Customer declares to have read the general conditions and to have accepted them before any purchase, which implies unconditional acceptance of these general conditions of sale. By this acceptance, the customer acknowledges that he has benefited upstream from any order, from sufficient information and advice from the company, allowing him to ensure that the content of his order is appropriate to the needs that are his. These general conditions constitute the entirety of the rights and obligations of the parties within the framework of their contractual relationship.

Unless proven otherwise, the data recorded by the Site constitutes proof of all facts, acceptance and transactions.

The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, from the website https://www.beerscovery.ch.

 

 

Article 3 - The order

 

 

The buyer has the possibility to place his order online, from the online catalog and by means of the form which appears there, for any product, within the limit of available stocks.

The buyer will be informed of any unavailability of the product or the goods ordered.

For the order to be validated, the buyer must accept, by clicking where indicated, these general conditions. He will also have to choose the address and the delivery method, and finally validate the payment method.

The sale will be considered final:

- after the sending to the buyer of the confirmation of the acceptance of the order by the seller by e-mail;

- and after receipt by the seller of the full price.

Any order implies acceptance of the prices and description of the products available for sale. Any dispute on this point will take place within the framework of a possible exchange and the guarantees mentioned below.

In some cases, including non-payment, incorrect address or other problem on the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.

For any question relating to the follow-up of an order, the buyer can send an email to the seller at the following email address: info@beerscovery.ch

Call the following telephone number: on the following days and times: Monday to Friday from 8 a.m. to 6 p.m.

 The digitized registers, kept in the company's computer systems under reasonable security conditions, will be considered as proof of the communications, orders and payments made between the parties. Archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.

 

The transfer of ownership of the Seller's Products, to the benefit of the Customer, will only be carried out after full payment of the price by the latter, regardless of the date of delivery of the Products.

 

The transfer of risks takes place from the seller to the customer when the customer takes physical possession of the goods, on the other hand if the customer himself selects the carrier, in this case the transfer of risks takes place when the seller delivers the goods covered by the order to the carrier selected by the customer.

The Customer therefore acknowledges that it is up to the carrier to make the delivery and has no warranty claim against the Seller in the event of non-delivery of the goods transported.

 

 

Article 4 - Pre-contractual information

 

The Customer acknowledges having been informed by the Seller in a readable and understandable manner, by means of the provision of these General Conditions of Sale, prior to his immediate purchase or the placing of the order and in accordance with the provisions of Article L. 221-5 of the Consumer Code:

 

- on the essential characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity allowing it to acquire the Products with full knowledge of the facts, in particular with regard to their conditions of use.

The photographs and graphics presented are not contractual and cannot engage the responsibility of the Seller. The Customer is required to refer to the description of each Product in order to know its properties and essential particularities.

- on the price of the Products and the application of a personalized price on the basis of automated decision-making and related costs or, in the absence of payment of a price, on any advantage obtained instead or in complement thereof and on the nature of this benefit;

- on the terms of payment, delivery and execution of the sales contract;

- in the absence of immediate execution of the sale, on the delivery times of the Products ordered;

- on the identity of the Seller and all of his contact details;

- on the existence and terms of implementation of guarantees (the legal guarantee of conformity, guarantee of hidden defects, any commercial guarantees) and, where applicable, on after-sales service;

- on the possibility of using a consumer mediator, whose contact details appear in these General Conditions of Sale, under the conditions provided for in the Consumer Code

- on the right of withdrawal (existence, conditions, deadline, methods of exercising this right and standard form of withdrawal), the methods of termination, the handling of complaints and other important contractual conditions and, where applicable, the costs the use of the technique of distance communication, the existence of codes of good conduct and sureties and financial guarantees;

- on the means of payment accepted.

 

The fact for a Customer to order on the website "https://www.beerscovery.ch" implies full and complete acceptance and acceptance of these General Conditions of Sale and obligation to pay for the Products ordered, which is expressly recognized by the Customer, who waives, in particular, to avail himself of any contradictory document, which would be unenforceable against the Seller.

 

Article 5 - Electronic signature

 

The online provision of the buyer's credit card number and the final validation of the order will constitute proof of the buyer's agreement:

- payment of sums due under the purchase order;

- signature and express acceptance of all operations carried out.

In the event of fraudulent use of the bank card, the buyer is invited, as soon as this use is observed, to contact the seller at the following email address info@beerscovery.ch

Or at the following telephone number: .

 

Article 6 - Order confirmation

 

The seller provides the buyer with an order confirmation, by e-mail once payment has been made.

 

Article 7 - Proof of the transaction

 

The computerized registers, kept in the seller's computer systems under reasonable security conditions, will be considered as proof of the communications, orders and payments made between the parties. Archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.

 

Article 8 - Product information

 

The main characteristics of the Products, bringing together all the substantial information required by the applicable regulations and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the website "Indicate the website" in the product sheets. and the Seller's catalog.

The Customer is required to read it before placing an order.

The choice and purchase of a Product are the sole responsibility of the Customer.

The photographs and graphics presented on the website "https://www.beerscovery.ch" are not contractual and cannot engage the responsibility of the Seller.

The Customer is required to refer to the description of each Product in order to know its properties, the essential particularities and the delivery times, as well as, in the event of continuous or periodic supply of a good, the minimum duration of the proposed contract. .

The contractual information is presented in French and is subject to confirmation at the latest when the order is validated by the Customer.

 

Product offers are valid within the limits of available stocks, as specified when placing the order.

 

Article 9 – Pricing conditions

 

The seller reserves the right to modify its prices at any time, but undertakes to apply the current prices indicated at the time of the order, subject to availability on that date.

Prices are in euros.

The customer buying a product sold all taxes included (TTC) will see a price taking into account the VAT applicable on the day of the purchase of the product. Any change in the applicable VAT rate is reflected in the price of the products. In the event that the company benefits from a franchise based on VAT, it can legitimately invoice its products excluding tax (HT).

In the event that a customer located in a country of the European Union would be asked to pay VAT to receive his order, the latter must inform the seller before paying the sums claimed by the carrier or the customs administration. , so that he can legitimately unblock the situation for the client.

If the customer has nevertheless paid costs related to customs clearance such as VAT, customs duties or other processing fees, the customer may request a refund only of VAT and customs duties, on the sole condition that the customer provides a admissible proof of the payment thus acquitted.

For purchases destined for countries outside the European Union, import-related costs such as VAT or customs duties will be borne by the customer. Seller shall not be responsible for any additional customs clearance or other import charges.

 

 

Article 10 - Method of payment

 

This is an order with payment obligation, which means that placing the order involves payment by the buyer.

To pay for his order, the buyer has, at his option, all the payment methods made available to him by the seller and listed on the seller's website. The buyer guarantees to the seller that he has the necessary authorizations to use the method of payment chosen by him, during the validation of the order form. The seller reserves the right to suspend any management of the order and any delivery in the event of refusal of authorization of payment by bank card on the part of officially accredited bodies or in the event of non-payment. In particular, the seller reserves the right to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is in progress. .

Payment of the price is made in full on the day of the order, according to the following terms:

• PayPal
• Bank card (Visa, Mastercard, etc.)

 

Special offers and coupons. The company reserves the right to offer time-limited introductory offers, promotional offers or price reductions on its products and to revise its offers and prices on the site at any time, under the conditions provided for by law. The applicable prices are those in force at the time of purchase of the product by the customer, who cannot claim other prices, prior or subsequent to his purchase. Discount vouchers may be subject to special conditions and remain strictly personal to their beneficiary and can only be used once.

 

In the event of a payment incident and/or fraud. The company reserves the right to suspend any processing of the Order and any delivery in the event of non-payment or refusal to authorize payment by credit card from officially accredited bodies. The company specifically reserves the right to refuse to honor an order from a customer who has not fully or partially paid a previous order or with whom a payment dispute is in progress.

The company may contact the customer to ask him for additional documents to carry out the payment of the order. The company can rely on the information delivered by the order analysis system. The supply of the requested documents is necessary for the confirmation of the order by the company. In order to fight against credit card fraud, a visual verification of the means of payment can be carried out by the company before delivering the product. In the event of fraudulent use of his credit card, the customer is invited, as soon as this use is observed, to contact the company, without prejudice to the steps to be taken by the Customer with his bank.

Default or late payment. The interest and penalties provided for by law apply in the event of default or late payment by the consumer or professional Client.

 

 

 

Article 11 - Availability of products - Reimbursement - Cancellation

 

Except in cases of force majeure or during periods of closure of the online store which will be clearly announced on the home page of the site, the shipping times will be, within the limits of available stocks, those indicated below. Shipping times run from the date of registration of the order indicated on the order confirmation email.

The terms of delivery will be specified to the buyer on a case-by-case basis.

In the event of non-compliance with the agreed delivery date or deadline, the buyer must, before breaking the contract, order the seller to perform it within a reasonable additional period.

In the absence of performance at the end of this new period, the buyer may freely terminate the contract.

The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or in writing on another durable medium.

The contract will be considered resolved upon receipt by the seller of the letter or writing informing him of this resolution, unless the professional has performed in the meantime.

The buyer may, however, immediately terminate the contract, if the dates or deadlines seen above constitute for him an essential condition of the contract.

In this case, when the contract is terminated, the seller is required to reimburse the buyer for all the sums paid, at the latest within 14 days following the date on which the contract was terminated.

In case of unavailability of the product ordered, the buyer will be informed as soon as possible and will have the possibility of canceling his order. The buyer will then have the choice of requesting either a refund of the sums paid within 14 days of their payment at the latest, or the exchange of the product.

 

 

Article 12 - Terms of delivery

 

Delivery means the transfer to the consumer of physical possession or control of the goods. The ordered products are delivered to the buyer by the seller's supplier according to the methods and the deadline specified above.

The products are delivered to the address indicated by the buyer on the order form, the buyer must therefore ensure its accuracy. Any package returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer's expense. The buyer can, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.

If the buyer is absent on the day of delivery, the deliverer will leave a notice in the mailbox, which will allow the package to be collected at the place and time indicated.

If at the time of delivery, the original packaging is damaged, torn, open, the buyer must then check the condition of the items. If they have been damaged, the buyer must imperatively refuse the package and note a reservation on the delivery note (package refused, because opened or damaged).

The buyer must indicate on the delivery note and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged parcels, broken products, etc.).

This verification is considered to have been carried out when the buyer, or a person authorized by him, has signed the delivery slip.

The buyer must then confirm these reservations by registered mail to the carrier no later than two working days following receipt of the item(s) and send a copy of this letter by fax or simple mail to the seller at the address indicated in the site legal.

If the products need to be returned to the seller, they must be the subject of a return request to the seller within 14 days of delivery. Any complaint made outside this period cannot be accepted. The return of the product can only be accepted for products in their original state (packaging, accessories, instructions, etc.).

The products must be returned to the following address:

• BVA Foundation, Avenue des Communes-Réunies 51, 1212 Grand-Lancy

 

 

The product will be delivered within a maximum of 7 days.

 

The products are offered for sale and delivered within the limits of available stocks. In the event of unavailability of the product ordered, the customer will be immediately informed by the company, which may offer him a product of equivalent quality and price or, failing that, will refund the order if the Customer is a consumer. Apart from reimbursement of the price of the unavailable product, the company is not liable for any cancellation compensation, unless the non-performance of the contract is personally attributable to it.

 

Return costs are the responsibility of the customer.

 

 

Article 13 - Delivery errors

 

The buyer will have to formulate with the seller. Any complaint of delivery error falls within the legal withdrawal period mentioned in these general conditions of sale or, if provided for, in accordance with the period contractually determined within the framework of a commercial guarantee present in these GCS. Any complaint made after this period will be rejected.

The complaint may be made, at the choice of the buyer:

- by phone at the following number: 0782446565

- by e-mail to the following address: info@beerscovery.ch

Any complaint not made in the rules defined above and within the time limits cannot be taken into account and will release the seller from any liability vis-à-vis the buyer.

Upon receipt of the complaint, the seller will assign an exchange number for the product(s) concerned and will communicate it by e-mail to the buyer. The exchange of a product can only take place after the allocation of the exchange number.

 

 

Article 14 - Product warranty

 

14-1 Legal guarantee of conformity

 

The Seller undertakes to deliver goods that comply with the contractual description as well as the criteria set out in article L217-5 of the consumer code.

It responds to defects of conformity existing at the time of delivery of the Products and which appear within a period of two years from this.

This warranty period applies without prejudice to Articles 2224 and following of the Civil Code, the limitation period beginning to run on the day of knowledge of the lack of conformity by the Customer.

The defects of conformity which appear within a period of twenty-four months or twelve months in the case of second-hand goods from the delivery of the Products, are, unless proven otherwise, presumed to exist at the time of delivery.

In the event of a lack of conformity, the Customer may demand that the Products delivered be brought into conformity by repair or replacement or, failing that, a price reduction or the cancellation of the sale, under legal conditions.

He may also suspend the payment of all or part of the price or the delivery of the benefit provided for in the contract until the Seller has satisfied his obligations under the legal guarantee of conformity, under the conditions of articles 1219 and 1220 of the civil code.

It is up to the Customer to ask the Seller to bring the Products into conformity, by choosing between repair and replacement. The bringing into conformity of the property takes place within a period not exceeding thirty days following the Customer's request.

The repair or replacement of the non-conforming Product includes, where applicable, the removal and return of it as well as the installation of the Product brought into conformity or replaced.

Any Product brought into conformity within the framework of the legal guarantee of conformity benefits from an extension of this guarantee of six months.

In the event of replacement of the non-compliant Product when, despite the Customer's choice, the compliance has not been carried out by the Seller, the replacement causes a new period of legal guarantee of conformity to run, for the benefit of the Customer, from delivery of the replaced Product.

If the requested compliance is impossible or entails disproportionate costs under the conditions provided for in Article L 217-12 of the Consumer Code, the Seller may refuse it. If the conditions provided for in Article L 217-12 of the Consumer Code are not met, the Customer may, after formal notice, pursue the forced execution in kind of the solution initially requested, in accordance with Articles 1221 et seq. of the civil code.

Finally, the Customer may demand a price reduction or the resolution of the sale (unless the lack of conformity is minor) in the cases provided for in Article L 217-14 of the Consumer Code.

When the lack of conformity is so serious that it justifies the reduction of the price or the immediate cancellation of the sale, the Customer is then not required to request the repair or replacement of the non-compliant Product beforehand.

The reduction in price is proportional to the difference between the value of the Product delivered and the value of this good in the absence of the lack of conformity.

In the event of cancellation of the sale, the Customer is reimbursed for the price paid against return of the non-compliant Products to the Seller, at the latter's expense.

Reimbursement is made upon receipt of the non-compliant Product or proof of its return by the Customer and at the latest within fourteen days, with the same means of payment as that used by the Customer during payment, unless expressly agreed by the latter and in any event at no additional cost.

The foregoing provisions are without prejudice to the possible allocation of damages to the Customer, for the damage suffered by the latter as a result of the lack of conformity.

 

14-2 Legal warranty against hidden defects

 

In accordance with articles 1641 and following of the Civil Code, the seller is liable for hidden defects that may affect the property sold. It will be up to the buyer to prove that the defects existed at the time of the sale of the property and are of such a nature as to render the property unfit for the use for which it is intended. This guarantee must be implemented within two years from the discovery of the defect.

The buyer can choose between canceling the sale or reducing the price in accordance with article 1644 of the Civil Code.

 

 

14-3 The commercial guarantee

The commercial guarantee means any contractual commitment of a professional towards the consumer with a view to reimbursement of the purchase price, replacement or repair of the Product, in addition to its legal obligations aimed at guaranteeing conformity. the company offers the customer the possibility of returning the product ordered on the Site within 14 days of receipt to request an exchange or a refund. No product may be exchanged or refunded under the commercial warranty in the following cases, without prejudice to any other case provided for in the general conditions: sale and promotional items; presentation articles; custom-made items; personal hygiene items, such as toothbrushes, hair bands, underwear and jewelry; modified or assembled items; article which mixes inseparably with other articles after its delivery; items rendered unusable due to misuse; the services, once they have been performed.

In the event of application of the 14-day commercial guarantee, the return costs paid by the customer remain at his expense and will not be reimbursed. The customer has the possibility of using the mode of transport which seems to him the most adapted. The responsibility of the company cannot be engaged if the Customer's package is lost or is never received by the logistics center of the company. It is recommended to use the services of the Post Office with a registered parcel shipment for its security and the tracking of the shipment. The request to exercise the commercial guarantee must be sent before the end of the expiry of the applicable period by writing by email to info@beerscovery.ch. The company reserves the right to refuse any request after the deadline.

 

 

Article 15 - Right of withdrawal

 

 

Application of the right of withdrawal

 

The buyer has a period of 14 days from the date of delivery of his order to return any item that does not suit him and request an exchange or refund without penalty, with the exception of the return costs which remain the responsibility of the buyer.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be resold in new condition, accompanied by the purchase invoice.

Damaged, soiled or incomplete products are not taken back.

The right of withdrawal can be exercised online, using the withdrawal form available on this website. In this case, an acknowledgment of receipt on a durable medium will be immediately communicated to the buyer. Any other mode of declaration of withdrawal is accepted. It must be unambiguous and express the will to retract.

In the event of exercise of the right of withdrawal within the aforementioned period, the customer must notify his right of withdrawal

 

by email to the following address: info@beerscovery.ch

 

The price of the product(s) purchased and the delivery costs are reimbursed.

Return costs are the responsibility of the buyer.

The exchange (subject to availability) or reimbursement will be made at the latest, within 14 days of receipt, by the seller, of the products returned by the buyer under the conditions provided above.

 

Exceptions

 

According to article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:

- supply of goods whose price depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period;

- supply of goods made to the consumer's specifications or clearly personalized;

- supply of goods likely to deteriorate or expire rapidly;

- supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;

- supply of goods which, after having been delivered and by their nature, are inseparably mixed with other articles;

- supply of alcoholic beverages whose delivery is deferred for more than thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the professional's control;

- maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;

- supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;

- supply of a newspaper, periodical or magazine, except for subscription contracts to these publications;

- supply of digital content not provided on a material medium, the execution of which has begun after the express prior agreement of the consumer and express waiver of his right of withdrawal.

 

The company is not required to reimburse the additional costs if the consumer has expressly chosen a more expensive delivery method than the standard delivery method offered by the professional.

 

Article 16 - Force majeure and unforeseen events

 

All circumstances beyond the control of the parties preventing the execution under normal conditions of their obligations are considered as causes for exemption from the obligations of the parties and lead to their suspension.

The party who invokes the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.

Will be considered as cases of force majeure all irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, disruption of telecommunications networks or difficulties specific to telecommunications networks external to customers.

The parties will come together to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the case of force majeure lasts longer than three months, these general conditions may be terminated by the injured party.

 

If the case of force majeure, preventing the fulfillment by one of the two parties of its contractual obligations, has a duration of more than 90 days, in this case the party which considers itself injured may unilaterally terminate the contract which binds it to the other part.

 

 

Beyond cases of force majeure, which may affect the performance of contracts by one or other of the parties to the sales contract, there is also the hypothesis of unforeseeability which takes into account the increase in the price of any raw material or any goods or services necessary for the production, manufacture, provision, dispatch, of goods sold by the seller, making it impossible under reasonable conditions for the seller to continue to offer these goods for sale or to perform its contractual obligations. In such a case, the seller cannot be regarded as being at the origin of a failure to perform his contractual obligations, the customer cannot unilaterally terminate the contract without having previously and in good faith, try to find a amicable solution or renegotiate the contract concluded with the seller. In any event, in the event of unforeseen circumstances, the seller cannot be held responsible for the inconveniences, disadvantages, loss of chances, suffered by the customer.

 

 

Article 17 - Intellectual property

 

The content of the website remains the property of the seller, the sole holder of the intellectual property rights to this content.

Buyers agree not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offense of counterfeiting.

 

Article 18 - Computing and Freedoms

 

The personal data provided by the buyer are necessary for the processing of his order and the establishment of invoices.

They may be communicated to the seller's partners responsible for the execution, processing, management and payment of orders.

The buyer has a right of permanent access, modification, rectification and opposition with regard to information concerning him. This right can be exercised under the conditions and according to the methods defined on the site https://www.beerscovery.ch

 

Article 19 - Partial non-validation

 

If one or more stipulations of these general conditions are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will retain their full force. and their scope.

 

Article 20 - Non-waiver

 

The fact for one of the parties not to take advantage of a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation. in question.

 

Article 21 - Title

 

In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.

 

Article 22 - Language of the contract

 

These general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.

 

 

Article 23 - Mediation and settlement of disputes

 

The buyer may resort to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or any alternative dispute resolution method (conciliation, for example) in the event of a dispute. The names, contact details and e-mail addresses of the mediator are available on our site.

 

In the event of difficulty in the execution of the Contract, the consumer Customer residing in Europe has the possibility, before any legal action, to seek recourse from a consumer mediator.

In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals of the 'European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/ .

 

Article 24 - Applicable law

 

These general conditions are subject to the application of Swiss law. The competent courts are the courts of Swiss law.

This is the case for the rules of substance as well as for the rules of form. In the event of a dispute or complaint, the buyer will first contact the seller to obtain an amicable solution.

 

 

 

Article 25 - Protection of personal data

 

Data collected

 

The personal data collected on this site are as follows:

- account opening : when creating the user's account, his first names, surnames, and location

- connection: when the user connects to the website, the latter records, in particular, his first names, surnames, his connection data, use, and location

- profile : the use of the services provided on the website makes it possible to fill in a profile, which may include an address and a telephone number - payment: as part of the payment of the products and services offered on the website, it records financial data relating to the user's bank account or credit card;

- communication : when the website is used to communicate with other members, the data concerning the user's communications are subject to temporary storage;

- Cookies : cookies are used as part of the use of the site. The user has the option of disabling cookies from their browser settings.

 

 

Use of personal data

The personal data collected from users is intended to provide the services of the website, to improve them and to maintain a secure environment. Specifically, the uses are as follows:

- access and use of the website by the user;

- management of the operation and optimization of the website;

- organization of the conditions of use of the Payment Services;

- verification, identification and authentication of the data transmitted by the user;

- proposal to the user of the possibility of communicating with other users of the website;

- implementation of user assistance;

- personalization of services by displaying advertisements based on the user's browsing history, according to their preferences;

- prevention and detection of fraud, malware (malicious software or malicious software) and management of security incidents;

- management of any disputes with users;

- sending commercial and advertising information, based on user preferences.

 

Sharing personal data with third parties

 

Personal data may be shared with third-party companies in the following cases:

- when the user uses the payment services, for the implementation of these services, the website is in contact with third-party banking and financial companies with which it has entered into contracts;

- when the user publishes, in the free comment areas of the website, information accessible to the public;

- when the user authorizes the website of a third party to access his data;

- when the website uses the services of service providers to provide user assistance, advertising and payment services. These service providers have limited access to user data, as part of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data. staff ;

- if required by law, the website may carry out the transmission of data to respond to claims made against the website and to comply with administrative and judicial procedures;

- if the website is involved in a merger, acquisition, sale of assets or receivership procedure, it may be required to sell or share all or part of its assets, including personal data. In this case, users would be informed, before the personal data is transferred to a third party.

 

Transfer of personal data to third parties located outside the European Union

 

Your personal data may in particular transit or be transmitted to our service providers located in the following countries: Switzerland

 

We undertake to comply with the applicable regulations relating to the transfer of data to countries located outside the European Union and in particular according to the following methods:

 

 

• We will transfer the data of visitors, prospects and customers to countries recognized as offering an adequate level of protection. In the event of transfer to the United States, to organizations that have adhered to the Privacy Shield;
• When the country of destination does not benefit from an adequate level of protection, we manage the flows using transfer tools that comply with the regulations (standard contractual clause of the European Commission, in particular).

In addition, we undertake to (i) ensure that any subcontractor provides sufficient and appropriate contractual guarantees to respect your rights, so that the processing meets the requirements of the GDPR and (ii) to comply with the provisions of the GDPR applicable to transfers. Datas.

On the basis of our legal obligations, your personal data may be disclosed pursuant to a law, a regulation or pursuant to a decision of a competent regulatory or judicial authority. »

 

 

Security and privacy

 

The website implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the internet.

 

Implementation of user rights

 

In application of the regulations applicable to personal data, users have the following rights, which they can exercise by making their request to the following address: info@beerscovery.ch

 

• the right of access: they can exercise their right of access, to know the personal data concerning them. In this case, before the implementation of this right, the website may request proof of the user's identity in order to verify its accuracy.
• the right of rectification: if the personal data held by the website is inaccurate, they can request that the information be updated.
• the right to delete data: users can request the deletion of their personal data, in accordance with applicable data protection laws.
• the right to limit processing: users can request the website to limit the processing of personal data in accordance with the assumptions provided for by the GDPR.
• the right to object to the processing of data: users can object to their data being processed in accordance with the assumptions provided for by the GDPR.
• the right to portability: they can request that the website give them the personal data provided to them to transmit them to a new website.

 

Evolution of this clause

The website reserves the right to make any changes to this clause relating to the protection of personal data at any time. If a modification is made to this personal data protection clause, the website undertakes to publish the new version on its site. The website will also inform users of the modification by e-mail, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he has the option of deleting his account.