General Terms and Conditions of Sale
These terms and conditions of sale are agreed upon by, on the one hand, Gekko Brewing Company (the Seller), SIRET 85243780500025, whose registered office is located at 18 Chem. de Saquier, 06200 Nice, France, and, on the other hand, any individual or legal entity (the Buyer) wishing to make a purchase via the website https://www.gekkobeers.com/shop.
Article 1. Purpose
The purpose of these terms and conditions of sale is to define the contractual relationship between the Seller and the Buyer, as well as the conditions applicable to any purchase made through the Website. Purchasing a product via the Website implies the Buyer’s unconditional acceptance of these terms and conditions of sale, which the Buyer acknowledges having read prior to placing an order. Before any transaction, the Buyer declares that the purchase of products on the Website is unrelated to their professional activity and is intended solely for personal use. The Buyer also confirms they have full legal capacity to enter into an agreement under these terms and conditions.
The Seller reserves the right to modify these terms and conditions of sale at any time, in order to comply with new regulations or improve the use of the Website. Consequently, the applicable conditions will be those in force at the time of the Buyer's order.
Article 2. Legal Age Requirement
To use our Website and/or receive our services, you must be at least 18 years old or have reached the legal age of majority in your jurisdiction and have the legal authority, right, and freedom to enter into these terms as a binding agreement. You are not permitted to use this Website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.
Article 3. Products
The products offered are those listed on the Seller’s Website, subject to availability. The Seller reserves the right to modify the product selection at any time. Each product is presented on the Website with a description outlining its main technical characteristics. The photographs are as accurate as possible but are not binding on the Seller.
The sale of products displayed on the Website is intended for all buyers residing in countries that fully permit the entry of these products.
Article 4. Pricing
The prices listed on the Website are in Euros (€) and include all applicable taxes (VAT included) based on the rate in effect on the order date. Any changes in the VAT rate may be reflected in the product prices. The Seller reserves the right to modify its prices at any time, but the price listed in the catalog on the day of the order will be the only price applicable to the Buyer.
The indicated prices do not include shipping costs, which are charged in addition to the product price based on the total order amount. Shipping fees are displayed in the shopping cart before the order is confirmed.
Article 5. Ordering and Payment Terms
The Buyer can create an account on the Website. The account creation section is accessible from the top menu of the Website or during checkout. Each time the Buyer wishes to place an order or view their account (order history, profile, etc.), they must log in with their credentials.
The Seller allows the Buyer to place an order and pay in multiple steps, with the option to pay upon pickup. Confirming an order implies acceptance of these terms and conditions of sale, acknowledgment of having read them in full, and a waiver of any alternative purchase conditions.
All provided data and the recorded confirmation serve as proof of the transaction. If the Buyer has provided an email address on their order form, the Seller will send an order confirmation via email.
Article 6. Retention of Ownership
The Seller retains full ownership of the sold products until full payment has been received, including principal, fees, and applicable taxes.
Article 7. Return Policy
In accordance with Article L121-20 of the French Consumer Code, the Buyer has a period of fourteen (14) business days from the delivery date to exercise their right of withdrawal and return the product to the Seller for an exchange or refund, without penalty, except for return shipping costs.
Article 8. Delivery
The Seller specifies the delivery terms on the "Delivery" page, accessible from the "Shop" menu. If the Buyer chooses to pick up the order in-store, they must verify the packaging and contents of the merchandise in the presence of the Seller upon collection.
Article 9. Warranty
All products provided by the Seller are covered by the legal warranty as outlined in Articles 1641 and following of the French Civil Code. In the event of non-conformity of a sold product, the Buyer may return it to the Seller for an exchange or refund.
All claims, exchange requests, or refund requests must be made in writing and sent by mail to the Seller’s address within thirty (30) days of collection.
Article 10. Liability
The Seller, in the process of distance selling, is only bound by a best-effort obligation. The Seller cannot be held liable for damages resulting from the use of the Internet, such as data loss, intrusion, viruses, service interruptions, or other unintended problems.
Article 11. Intellectual Property
All elements of the Website remain the intellectual and exclusive property of the Seller. No one is authorized to reproduce, exploit, or use, in any form whatsoever, even partially, any element of the site, including photos, logos, visuals, or text.
Article 12. Personal Data
The Seller is committed to protecting the confidentiality of information provided by the Buyer, which may be required for the use of certain services. Any personal data is subject to the provisions of French Law No. 78-17 of January 6, 1978.
As such, users have the right to access, modify, and delete their personal information at any time by submitting a written request to the Seller’s address.
Article 13. Dispute Resolution
These distance selling terms and conditions are governed by French law. In the event of disputes or litigation, the competent court will be that of the Seller’s registered office.
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