Terms and conditions of sale

Article 1 - Scope of application.

These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by the [www.dahomeyspirits.com] website with consumers and non-professional or professional buyers wishing to purchase the products or services offered for sale on our website.

These general terms and conditions of sale apply to the exclusion of all other terms and conditions, in particular those applicable to in-store sales or sales via other distribution and marketing channels.

The Customer declares that he/she has read these General Terms and Conditions of Sale and has accepted them by ticking the appropriate box before placing an order on the website.

Consequently, any service provided by the [www.dahomeyspirits.com] website implies the buyer's unreserved acceptance of these General Terms and Conditions of Sale.

Article 2 - Content of the General Terms and Conditions of Sale.

  • Sales prices including VAT for products and services.
  • Any delivery charges
  • Delivery times. Terms of payment • After-sales service.
  • Your right to withdraw
  • The duration of offers
  • The cost of a remote call to contact us.

Article 3 - Our contact details.

To contact us, here are our details:

  • Site owner's name: [dahomey's spirits ].
  • Ifu : []. : [].
  • Court of registration: [Cotonou, Benin].
  • Name of contact person (DPO): [].
  • Postal address: [MAISON KIHNYIDIO, 223 35 COTONOU 13 LITORRAL ].
  • Email address: [contact@dahomey's spirits.com].
  • Telephone number: : [22996010039].

Article 4 - Nature of the products offered for sale.

The products and services offered for sale on our website are as follows:

  • [Dabisso Genésiss 42% palm liqueur]..

Article 5 - Modification of the General Terms and Conditions of Sale.

As these General Terms and Conditions of Sale may be subject to subsequent amendment, the version applicable to the Customer's purchase is that in force on the website on the date the order is placed.

In the absence of proof to the contrary, the data recorded in the computer system of the [www.dahomeyspirits.com] site constitutes proof of all transactions concluded with the Customer.

Article 6 - Right of access, rectification and opposition.

In accordance with the French Data Protection Act of 6 January 1978, Customers have the right to access, rectify and object to all their personal data at any time, by writing to :

[dahomey's spirits, 23 route de montereau 77 000 Melun ] or [Contact@dahomeyspirits.com ]

Article 7 - Our pricing policy

The prices of the products or services sold are those in force on the day the order is taken.

They are denominated in euros and calculated exclusive of tax.

Consequently, they will be increased by the VAT rate (and transport costs) applicable on the day of the order.

The [www.dahomeyspirits.com] website reserves the right to change its prices at any time.

Toutefois, nous nous engageons à facturer les produits ou services commandés aux prix indiqués lors de l’enregistrement de la commande.

These rates are firm and non-revisable during their period of validity, as indicated on the website [www.dahomeyspirits.com].

We reserve the right to change prices at any time outside this validity period.

Article 8 - Discounts and rebates

The prices quoted include any discounts and rebates that [Dahomey's spirits sarl ] may grant on the basis of its results or the assumption of responsibility by the purchaser for certain services.

Article 9 - Orders.

The main characteristics of the products and services are presented on the website.

The Customer is obliged to read them before placing an order.

The choice and purchase of a product or service are the sole responsibility of the Customer.

The photographs and graphics presented on the website are not contractual and do not engage the responsibility of the company [dahomey's spirits sarl ].

The Customer must refer to the description of each product or service to find out about its properties and essential features.

It is the Customer's responsibility to select the products and services they wish to order on our website, in accordance with the following procedures:

  • Customers are free to choose the product(s) or service(s) they wish to purchase.
  • Customers confirm their order by accepting the General Terms and Conditions of Sale and proceed to payment using the payment methods available on the site.
  • Confirmation that the order has been processed and payment received will be sent to the customer.

Contractual information is presented in French and is confirmed at the latest when the order is validated by the Customer.

Validation of the order by the Customer implies unreserved acceptance of these General Terms and Conditions of Sale.

The Customer acknowledges that he/she has the capacity required to contract and purchase the products or services offered on the website.

The products and services presented on the website are offered for sale in the following territories:

  • [Benin, France, European Union]..

The sale will not be considered final until confirmation of acceptance of the order has been sent to the Customer by [dahomey's spirits sarl], by e-mail, and the Customer has received the full price and/or the full deposit due.

For orders placed exclusively on the Internet, an order is registered on the [www.dahomeyspirits.com] site when the Customer accepts these General Terms and Conditions of Sale by ticking the appropriate box and validates the order.

The Customer has the opportunity to check the details of their order and its total price and to correct any errors before confirming their acceptance (article 1127-2 of the French Civil Code).

This validation implies acceptance of these General Terms and Conditions of Sale in their entirety and constitutes proof of the sales contract.

It is therefore the Customer's responsibility to check the accuracy of the order and to report any errors immediately.

Any order placed on the website constitutes the formation of a contract concluded remotely between the Customer and the company [dahomey's spirits sarl].

Dahomey's spirits sarl] reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.

Customers can track the progress of their order on the website [www.dahomeyspirits.comi].

No order for an amount of less than (€5) inclusive of tax or for a quantity of products and services of less than (1) unit will be accepted.

Any changes to the order made by the Customer will only be taken into account by [dahomey's spirits sarl] within the limits of its possibilities and on condition that they are notified by e-mail to the seller at least 2 days before the date scheduled for delivery of the order.

In the event that these modifications cannot be accepted by the company [dahomey's spirits sarl], the sums paid by the Customer will be refunded within a maximum period of 7 days from notification of the impossibility of accepting the modifications requested by the Customer (unless the Customer prefers to benefit from a credit note).

In the event of total or partial non-payment for goods delivered on the date of receipt, the buyer must pay the company [dahomey's spirits sarl] a late payment penalty equal to three times the legal interest rate.

The legal interest rate is that in force on the date of delivery of the goods.

Cette pénalité est calculée sur le montant TTC de la somme restant due, et court à compter de la date d’échéance du prix sans qu’aucune mise en demeure préalable ne soit nécessaire.

In addition to the late payment penalties, any sum, including the deposit, not paid by the due date will automatically give rise to the payment of a fixed penalty of 40 euros to cover collection costs.

Articles 441-6, I paragraph 12 and D. 441-5 of the French Commercial Code.

If, within fifteen days of the implementation of the "late payment" clause, the purchaser has not paid the outstanding sums, the sale shall be automatically cancelled and may give rise to a claim for damages against [dahomey's spirits]. [dahomey’s spirits].

Article 10.1 - If a deposit is paid when the order is placed.

In the event of cancellation of the order by the Customer after its acceptance by the company [dahomey's spirits] less than 7 days at least before the date scheduled for the supply of the products and services ordered, for any reason whatsoever other than the exercise of the right of withdrawal or force majeure, the deposit paid at the time of the order shall be automatically acquired by the Seller and may not give rise to any reimbursement whatsoever.

Article 10.2 - If no deposit has been paid when the order is placed.

In the event of cancellation of the order by the Customer after its acceptance by [dahomey's spirits] sarl less than 7 days at least before the date scheduled for the supply of the products and services ordered, for any reason whatsoever other than the exercise of the right of withdrawal or force majeure, a sum corresponding to 50% of the total amount of the purchase shall be retained by the seller and invoiced to the Customer, by way of damages, as compensation for the loss thus suffered.

Article 11 - Duration of offers.

Offers of products and services on our site are valid for as long as they are visible on the site.

Article 12 - Delivery charges.

The prices of products and services do not include VAT:

• Order processing costs.

These costs are invoiced in addition, under the conditions indicated on the website and calculated before the order is placed.

The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.

Specific orders from the Customer may be considered.

If necessary, they will be the subject of an estimate accepted in advance by the latter.

Quotations issued by [dahomey's spirits sarl] are valid for 1 month from the date of issue.

An order based on a quotation is only considered to have been accepted once a deposit has been paid to [dahomey's spirits sarl] for the amount of the order.

An invoice is issued by [dahomey's spirits sarl] and given to the Customer upon receipt of payment.

Article 13 - Terms of payment.

The price is payable in cash, in full, on the day the order is placed by the Customer, by secure payment, in accordance with the following terms and conditions:

  1. By Paypal : Visa, MasterCard, American Express, other credit cards.
  2. By Stripe: Visa, MasterCard, American Express, other credit cards.

Payment data is exchanged in encrypted mode using the SSL protocol. Payment is only debited once the service has been carried out:

In the case of payment by bank card, the card is only debited when the order is processed.

dahomey's spirits sarl] shall not be obliged to deliver the products and services ordered by the Customer if the Customer does not pay the price in full in accordance with the above conditions.

Payments made by the Customer will only be considered final once the sums due have been effectively collected by the company [dahomey's spirits sarl].

In addition, the company [dahomey's spirits sarl] reserves the right, in the event of non-compliance with the terms of payment set out above, to suspend or cancel the delivery of orders in progress made by the customer.

The customer shall not be charged any additional costs in excess of those borne by [dahomey's spirits sarl] for the use of a means of payment.

Article 14 - Deliveries.

The products and services ordered by the Customer will be available for :

• [Benin, France, European Union]

Within the lead time indicated on the product sheet, plus the time taken to process the order.

dahomey's spirits sarl] undertakes to do its utmost to deliver the products or services ordered by the Customer as soon as possible.

However, these delivery times are given as an indication only. If the products or services ordered have not been delivered within 30 days of the indicative delivery date, for any reason other than force majeure or the fault of the Customer.

The sale may be cancelled at the written request of the Customer under the conditions set out in articles L 216-2 L 216-3 L241-4 of the French Consumer Code.

The sums paid by the Customer will then be returned to him at the latest within fourteen days of the date of cancellation of the contract, to the exclusion of any compensation or deduction.

The Customer is responsible for checking the conformity of the products and services delivered.

The customer has a period of 7 days from delivery to express any reservations or claims for non-conformity or apparent defects of the products and services delivered by e-mail, with all the relevant supporting documents.

Once this period has elapsed and if these formalities have not been complied with, the products or services will be deemed to be compliant and free from any apparent defect and no claim will be validly accepted by the company [dahomey's spirits sarl].

The company [dahomey's spirits sarl] will reimburse or replace, as soon as possible and at its own expense, the products or products and services delivered for which the lack of conformity or the apparent or hidden defects have been duly proven by the Customer, under the conditions set out in articles L 217-4 et seq. of the French Consumer Code and those set out in these General Terms and Conditions of Sale.

Article 15 - Transfer of ownership - Transfer of risks.

The transfer of ownership of the products and services of the company [dahomey's spirits sarl], to the benefit of the Customer, will only take place after full payment of the price by the latter, regardless of the date of delivery of said products and services.

Whatever the date of transfer of ownership of the products and services, the transfer of the risks of loss and deterioration relating thereto will only take place when the Customer takes physical possession of the products and services.

If the purchaser is the subject of receivership or liquidation proceedings, the company [dahomey's spirits sarl] reserves the right to reclaim, within the framework of the receivership proceedings, the goods sold and remaining unpaid.

Article 16.1 - Your right of withdrawal.

In accordance with the legal provisions in force, the Customer has a period of fourteen days from receipt of the product or service to exercise his right of withdrawal from the seller, without having to give any reason or pay any penalty, for the purpose of an exchange or refund.

The right of withdrawal may be exercised online, using the withdrawal form available on the website [www.dahomeyspirits.com], in which case an acknowledgement of receipt on a durable medium will be immediately sent to the Customer by the company [dahomey's spirits sarl], or any other unambiguous statement expressing the wish to withdraw.

If the right of withdrawal is exercised within the aforementioned period, only the price of the product(s) and services purchased will be reimbursed.

Article 16.2 - Exceptions to the right of withdrawal

In accordance with the provisions of article L.121-21-8 of the French Consumer Code, the right of withdrawal does not apply to :

1° The supply of services which are fully performed before the end of the withdrawal period and where performance has begun with the consumer's express prior agreement and express waiver of his right of withdrawal;

2° The supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the trader and which may occur during the withdrawal period;

3° The supply of goods made to the consumer's specifications or clearly personalised;

4° The supply of goods liable to deteriorate or expire rapidly;

5° The supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;

6° The supply of goods which, after delivery and by their nature, are inseparably mixed with other articles;

7° The supply of alcoholic beverages, the delivery of which is deferred for more than thirty days and the value of which agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the trader;

8° Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by the consumer, within the limits of the spare parts and work strictly necessary to respond to the emergency;

9° The supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;

10° Supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;

11° Concluded at a public auction ;

12° Accommodation services, other than residential accommodation, transport of goods, car hire, catering or leisure activities that must be provided on a specific date or during a specific period;

13° The supply of digital content not supplied on a tangible medium, performance of which has begun after the consumer has given his express prior consent and expressly waived his right of withdrawal.

NOTE :

In accordance with Article 34 of Law 2014-344 of 17 March 2014, these provisions introduced by Article 9 of the said law apply to contracts concluded after 13 June 2014.

Created by LOI n°2014-344 of 17 March 2014 - art. 9 (V)

Repealed by Order no. 2016-301 of 14 March 2016 - art. 34 (V)

Article 17 - After-sales service.

We look forward to hearing from you.

Each customer has a different need depending on the service purchased.

As a result, each problem is dealt with separately, taking account of customer feedback.

If necessary, customers can contact the after-sales service to report a problem with a service or request information on how to use it.

Finally, we will do our utmost to provide you with quality information.

For all enquiries, please use the contacts below:

  • Name of after-sales service manager: [dahomey's spirits sav]
  • Telephone number: : [0988075647]
  • Email address: [CONTACT@DAHOMEYSPIRITS.COM]

For all after-sales service requests, please send us the information below:

  • Your first and last name.
  • Your telephone number
  • Your email address.
  • Your order number and invoice number.
  • The product or service reference.
  • The date of receipt of your order.

Please give us a precise description of the nature of the fault.

Article 18 - The cost of contacting us.

The cost of a call to reach us is as follows:

By telephone = the cost of a call per minute, depending on your telephone operator.

By email = the cost of a call depending on your internet package.

By post = price of a postage stamp depending on the weight of your mail.

Article 19 - Seller's liability - Warranty.

The Services sold on the [Dahomey's spirits sarl] website comply with the regulations in force in France.

The Services provided by the company [Dahomey's spirits sarl] are automatically and without further payment, independently of the right of withdrawal, in accordance with legal provisions :

  • The legal guarantee of conformity, for products or services that appear to be defective or do not correspond to the order,
  • The legal guarantee against hidden defects resulting from a material or design defect affecting the products and services delivered and rendering them unfit for use,

Under the terms and conditions set out in the box below and defined in the appendix to these General Terms and Conditions of Sale (Warranty of Conformity / Warranty of Hidden Defects).

 The Customer is reminded that as part of the legal guarantee of conformity, the Customer :

  1. Has a period of two years from delivery of the goods in which to take action against the Seller.
  2. May choose between repair or replacement of the service ordered, subject to the cost conditions set out in Article L 217-9 of the French Consumer Code;
  3. Is exempt from proving the existence of the lack of conformity of the service during the six months following the delivery of the Services. This period is extended to 24 months from 18 March 2016, except for second-hand goods.

The legal guarantee of conformity applies independently of any commercial guarantee that may cover the product or service.

The Customer may decide to invoke the warranty against hidden defects in the service in accordance with Article 1641 of the French Civil Code; in this case, he or she may choose between rescinding the sale or reducing the sale price in accordance with Article 1644 of the French Civil Code.

In order to assert its rights, the Customer must inform the company [Dahomey's spirits sarl], in writing, of the non-conformity of the products and services within a maximum period of 7 days from delivery of the products and services or the existence of hidden defects.

The company [Dahomey's spirits sarl] will reimburse or replace products or services under guarantee that are deemed to be non-compliant or defective.

Reimbursements for products or services deemed to be non-compliant or defective will be made as soon as possible and no later than 7 days after the company [Dahomey's spirits sarl] has established the non-compliance or hidden defect.

The refund will be made by crediting the Customer's bank account or by bank transfer.

The Vendor cannot be held liable in the following cases:

  • Non-compliance with the legislation of the country to which the products or services are delivered, which it is the Customer's responsibility to check.
  • In the event of misuse or negligence on the part of the Customer.

The Vendor's guarantee is, in any event, limited to the replacement or reimbursement of products and services that do not conform or are affected by a defect.

Article 20 - Data protection.

In application of Law 78-17 of 6 January 1978, it should be noted that the personal data requested from the Customer is necessary for the processing of the order and, in particular, for the preparation of invoices.

This data may be communicated to any of the Vendor's partners responsible for executing, processing, managing and paying for orders.

In accordance with the national and European regulations in force, the Customer has a permanent right of access, modification, rectification and opposition with regard to information concerning him or her.

This right may be exercised in accordance with the terms and conditions set out on the website [www.dahomeyspirits.com].

Article 21 - Intellectual property.

The content of this website is the property of [Dahomey's spirits sarl] and is protected by French and international intellectual property laws.

Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.

In addition, the company [Dahomey's spirits sarl] remains the owner of all intellectual property rights on photographs, presentations, studies, drawings, models, prototypes, etc., produced (even at the Customer's request) with a view to providing the Services to the Customer.

The Customer is therefore prohibited from reproducing or exploiting the said studies, drawings, models and prototypes, etc., without the express, written and prior authorisation of the company [Dahomey's spirits sarl], which may be subject to a financial consideration.

Article 22 - Anticipation.

The parties have agreed, within the framework of the provisions of article 1195 of the Civil Code, that a change in circumstances, for example, financial or economic, or material, "surrounding the conclusion of a transaction for the sale of the Vendor's products and services subject to these General Terms and Conditions of Sale and resulting, for example, in an increase in price of 5 euros will be fully assumed by the Customer even if these risks would make the performance of its obligations excessively onerous for the Customer, all other risks being assumed by the other party.

However, if the change in circumstances unforeseeable at the time the contract was entered into is definitive or lasts for more than 2 months, the present contract will be cancelled purely and simply in accordance with the terms defined in the "Cancellation for unforeseeable circumstances" article.

Article 23 - Enforcement in kind.

In the event of a breach by either party of its obligations, the party suffering the breach shall have the right to demand performance in kind of the obligations arising hereunder.

Notwithstanding the provisions of article 1221 of the Civil Code, the creditor of the obligation may pursue this forced performance after a simple formal notice, sent to the debtor of the obligation by registered letter with acknowledgement of receipt which has remained unsuccessful, whatever the circumstances and even if there is a manifest disproportion between its cost to the debtor and its interest to the creditor.

It is recalled that in the event of a breach by either party of its obligations, the defaulting party may, in accordance with the provisions of article 1222 of the Civil Code, 10 days after sending a formal notice to perform which has remained unsuccessful, itself have the obligation performed by a third party, at the expense of the defaulting party, provided that the cost is reasonable and in line with market practice, without judicial authorisation being required for this purpose, it being understood that the defaulting party may also, at its option, request in court that the defaulting party advance the sums necessary for this performance.

Article 24 - Exception of non-performance.

Pursuant to article 1219 of the French Civil Code, either party may refuse to perform its obligation, even if it is due, if the other party fails to perform its obligation and if such failure to perform is sufficiently serious, i.e. likely to jeopardise the continuation of the contract or fundamentally upset its economic equilibrium.

The suspension of performance will take effect immediately upon receipt by the defaulting party of the notice of default sent to it for this purpose by the defaulting party, indicating the intention to apply the exception of non-performance for as long as the defaulting party has not remedied the breach established, served by registered letter with acknowledgement of receipt or on any other durable written medium that provides proof of posting.

This defence of non-performance may also be used as a preventive measure, in accordance with the provisions of article 1220 of the Civil Code, if it is clear that one of the parties will not perform its obligations on the due date and that the consequences of this non-performance are sufficiently serious for the party suffering the default.

This option is used at the risk and peril of the party taking the initiative.

The suspension of performance will take effect immediately, on receipt by the party presumed to be in default of notification of the intention to apply the exception of preventive non-performance until such time as the party presumed to be in default performs the obligation in respect of which a future breach is manifest, served by registered letter with acknowledgement of receipt or on any other durable written medium that provides proof of posting.

If the impediment is definitive or lasts for more than 30 days, these GCS will simply be terminated in accordance with the terms and conditions set out in the Resolution for failure by a party to fulfil its obligations article.

Article 25 - Force majeure.

The parties shall not be held liable if the non-performance or delay in the performance of any of their obligations as described herein is due to force majeure as defined in article 1218 of the French Civil Code.

The party noting the event must immediately inform the other party of its inability to perform and justify this to the latter.

The suspension of obligations shall under no circumstances give rise to liability for non-performance of the obligation in question, nor result in the payment of damages or late penalties.

Performance of the obligation is suspended for the duration of the force majeure if it is temporary and does not exceed 30 days.

Consequently, as soon as the cause of the suspension of their mutual obligations disappears, the parties will make every effort to resume normal performance of their contractual obligations as soon as possible.

To this end, the party prevented shall notify the other party of the resumption of its obligation by registered letter with acknowledgement of receipt or by any extrajudicial act.

If the impediment is definitive or lasts for more than 30 days, these GCS will simply be terminated in accordance with the terms and conditions set out in the Resolution for failure by a party to fulfil its obligations article.

During this suspension, the parties agree that the costs incurred by the situation will be borne by the party prevented from attending.

Article 26-1- Resolution for unforeseen circumstances

Termination due to the impossibility of performing an obligation that has become excessively onerous may only take place, notwithstanding the clause Termination for failure by a party to fulfil its obligations set out below, 10 days after formal notice has been sent declaring the intention to apply the present clause, notified by registered letter with acknowledgement of receipt or by any extrajudicial act.

Article 26-2 - Termination for non-performance of a sufficiently serious obligation.

It is recalled that in the event of a breach by either party of its obligations, the defaulting party may, in accordance with the provisions of article 1222 of the Civil Code, 10 days after sending a formal notice to perform which has remained unsuccessful, itself have the obligation performed by a third party, at the expense of the defaulting party, provided that the cost is reasonable and in line with market practice, without judicial authorisation being required for this purpose, it being understood that the defaulting party may also, at its option, request in court that the defaulting party advance the sums necessary for this performance.

Article 26-3 - Termination due to force majeure

It is expressly agreed that the parties may terminate this contract by operation of law, without notice or formality.

Article 26-4 - Termination for failure of a party to perform its obligations.

Please note: The resolutory clause must specify the undertakings whose non-performance will result in termination of the contract, which must be listed in the resolutory clause itself (article 1225 of the French Civil Code).

It can only be implemented after formal notice, expressly mentioning the resolutory clause, has been served and remained unsuccessful, it being specified that the parties may agree in their contract that the formal notice would result from the sole fact of non-performance (article 1344 of the Civil Code).

In the event of non-compliance by either party with the following obligations :

"For example, non-payment on the due date of the products and services ordered by the Customer".

The contract may be terminated at the discretion of the injured party.

It is expressly understood that this termination for failure by a party to fulfil its obligations will take place ipso jure, with formal notice resulting from the sole fact of non-performance of the obligation, without summons or performance of formalities.

Article 26-5 - Provisions common to all cases of termination.

It is expressly agreed between the Parties that the debtor of an obligation to pay under the terms of this agreement shall be validly put in default by the mere fact of the obligation becoming due and payable, in accordance with the provisions of article 1344 of the French Civil Code.

As the services exchanged between the Parties since the conclusion of the contract and until its termination can only be of use if the contract is fully performed, they will be returned in full.

Article 27 - Applicable law - Language.

Please note: A contract concluded between a consumer and a professional may be subject to the law of a non-EU Member State, but this choice must not deprive the consumer of the protection afforded by the mandatory rules of Community law transposed into national law where the contract has a close link with the territory of a Member State.

The Order of 14 March 2016 No. 2016-301 relating to the legislative part of the Consumer Code institutes an identical presumption of a close link between the contract and a Member State in the following cases, in particular (art. L231-1), this list being non-exhaustive:

The contract was concluded in the Member State of the consumer's habitual residence; the trader directs his activity to the territory of the Member State in which the consumer resides, provided that the contract falls within the scope of that activity ;

The contract was preceded in that Member State by an offer specifically made or by advertising and by actions on the part of the consumer necessary for the conclusion of that contract; the contract was concluded in a Member State to which the consumer has travelled as a result of a travel or holiday offer made, directly or indirectly, by the company [Dahomey's spirits sarl] to induce him to conclude that contract.

The fact that a trader has shifted his activity to a Member State also makes it possible to determine which national court has jurisdiction to hear an intra-Community dispute relating to a contract concluded by a consumer (Reg. 44/2001 of 22-12-2000 art. 15, § 1-c).

For the purposes of applying this text, it has been ruled that the mere use of a website by a trader is not sufficient to consider that he is directing his activity towards the Member State of the consumer who makes a purchase via that website (CJEU 7-12-2010 aff. 585/08 and 144/09: RJDA 2/11 no. 205).

Other indicators are necessary, such as the site being written in a language other than that of the merchant.

These General Terms and Conditions of Sale and any transactions arising from them are governed by and subject to French law.

These General Terms and Conditions of Sale are written in French.

If they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.

Article 28 - Disputes.

All disputes to which the purchase and sale transactions entered into pursuant to these General Terms and Conditions of Sale may give rise, concerning their validity, interpretation, performance, termination, consequences and consequences and which cannot be resolved between the company [Dahomey's spirits sarl] and the customer, shall be submitted to the competent courts under the conditions of common law.

The Customer is informed that he may in any event have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (C. consom. art. L 612-1) or with the existing sectoral mediation bodies, the references of which appear on the " " website, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

If necessary, the User may choose a mediator whose role will be to find an amicable solution to the said "dispute".

You can find your mediator here: https://www.mediateurfevad.fr/

Failing this, any disputes will be referred to the competent ordinary courts.

Here are the contact details of the court to contact in the event of a dispute with the company [Dahomey's spirits sarl].

[commercial court of cotonou, Benin ]

Article 29 - Pre-contractual information - Customer acceptance.

The fact that a natural person (or legal entity) places an order on the Internet site implies full and unreserved acceptance of these General Terms and Conditions of Sale and an obligation to pay for the products and services ordered, which is expressly recognised by the Customer, who waives, in particular, the right to rely on any contradictory document which would be unenforceable against the Vendor.

Annex I - Provisions relating to legal guarantees

Article L217-4 of the Consumer Code:

The company [Dahomey's spirits sarl] is required to deliver a product or service in conformity with the contract and is liable for any defects in conformity existing at the time of delivery.

Article L217-5 of the Consumer Code:

  • Be fit for the use usually expected of a similar service and, where applicable: correspond to the description given by the company [Dahomey's spirits sarl] and possess the qualities that the latter has presented to the buyer in the form of a sample or model Have the qualities that a buyer may legitimately expect having regard to public statements made by the company [Dahomey's spirits sarl], by the producer or by his representative, particularly in advertising or labelling
  • Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.

Article L217-12 of the French Consumer Code :

Any action arising from a lack of conformity must be brought within two years of delivery of the goods.

Article L217-16 of the French Consumer Code:

When the buyer asks the seller, during the period of the commercial guarantee granted to him at the time of the purchase or repair of a movable good, for a repair covered by the guarantee, any period of immobilisation of at least seven days is added to the duration of the guarantee which remained to run.

This period runs from the date of the purchaser's request for service or from the date on which the goods in question are made available for repair, if the goods are made available after the request for service.

Article 1641 of the Civil Code:

Dahomey's spirits sarl] is liable for any hidden defects in the goods sold which render them unfit for their intended use, or which impair that use to such an extent that the buyer would not have purchased them, or would only have paid a lower price for them, had he or she been aware of them.

Article 1648 paragraph 1 of the Civil Code :

Any action arising from redhibitory defects must be brought by the purchaser within two years of discovery of the defect.

Annex II - Withdrawal form.

This form must be completed and returned only if the Customer wishes to withdraw from the order placed, unless the applicable General Terms and Conditions of Sale exclude or limit the right to withdraw.

For the attention of = [dahomey's spirits 23 route de montereau 77000 Melun]

To ensure that your request is processed quickly, please provide us with the following information:

  • Order number.
  • Order date.
  • Your first and last name.
  • Your full postal address.
  • Your signature (only if you are submitting this form on paper) :
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