General terms of sale
ARTICLE 1: SUBJECT
The present terms aim to define the sales conditions between Oxygenee (Deutschland) Ltd. (hereafter referred to as “We”, or “Us”) and any person visiting or making a purchase via the www.Absinthes.com website (hereafter referred to as “You”), from order to payment and delivery.
These general terms of sale are made available to all internet users on the www.Absinthes.com website (hereafter referred to as the “Site”). These general terms of sale may be modified at any time, but the terms applicable are those enforced on the site on the date your order is placed.
ARTICLE 2: PRIOR INFORMATION
You acknowledge having had prior notification of the conditions applicable to the sale as defined below; from that moment, you agree to abide by them entirely.
All our details are accessible on the bottom of every webpage on the Site. Any advice, written exchange or claim will be made via mail or by e-mail to the addresses indicated.
ARTICLE 3: SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES
Excessive drinking can be dangerous for your health; alcoholic beverages should be consumed moderately.
You acknowledge the fact that the sale of alcoholic beverages to minors is forbidden, and you promise not to place an order for this type of product, if you do not have the legal age authorized to do so in your country of residence. We could in no way see our responsibility engaged if an underage customer were to disregard this clause.
ARTICLE 4: ORDER
The click on the button “place the order” constitutes an electronic signature, which has the same value between us as a handwritten signature.
Confirming the order
The information concerning the order will be confirmed by e-mail. It will confirm that your order has been received, and payment accepted. It will also confirm details of the address of delivery, the items ordered, and their price.
You will receive another email once your order was shipped. By logging into your account
, you will then be able to find out the estimated date of delivery. Despite all our efforts, unforeseen delays may occur. If your order still has not reached you seven days after the estimated date of delivery, contact us
Please note, that once an order is placed it is irrevocable, subject to the application of the revocation period described below.
ARTICLE 5: TARIFFS
Prices are quoted in Euros, Dollars and British Pound Sterling, according to the country the order originates from. The pricing includes all taxes, but does not include shipping costs.
In order to make navigation easier, we recognize your country through your IP address. Therefore, if the country from the order originates differs from the delivery address, price modifications may occur at the time of placing the order.
For orders sent to countries outside of Germany, You act as the importer of the product or products concerned. For all products shipped outside the European Union, customs and excise taxes, as well as other local taxes may be raised. These taxes are not our responsibility and are not billed by Us. It is up to You to declare the goods to the authorities concerned and pay the necessary duties in your country of residence. We have no control over these taxes and we cannot estimate them, since customs and excise taxes vary greatly from one country to another. Please contact your local customs office for further information.
Taxes applicable are calculated at the rate in force on the day of the order. Any changes in the rate will be automatically applied to the price of the products in the shop online.
We reserve the right to modify our prices at any time, but the products will be invoiced at the price in force at the time the order is received. The sums paid can never be considered to be deposits or part payments.
ARTICLE 6: SETTLEMENT
To settle your order, You can choose from a few payment methods available on the order form. You guarantee that You fulfill the necessary requirements to use the method of payment You have chosen, when validating your order form. We reserve the right to invoice all bank charges related to payments received. Unless otherwise stipulated by prior arrangements, invoices are payable net, without discount, as soon as the goods are available.
We reserve the right to suspend the processing or shipping of an order in case of a credit card refusal, or in case of a non payment. We also reserve the right to refuse an order in the event of you not having totally or partially settled a preceding order, or one on which there is a settlement dispute pending.
ARTICLE 7: DELIVERY
The delivery times that appear on the site are given approximately. We decline any liability.
Delivery terms and conditions
The goods are delivered to the address shown on the purchase order; You must ensure it is correct. All returned orders due to a false or incomplete address will be reshipped at your cost. If you choose to have your order refunded instead, we reserve the right to charge you for the cost paid for shipping, and for the cost of having the parcel returned. The same conditions apply if you fail to receive your parcel due to repeated absence at the place of delivery, or if instructed by couriers, pick up your parcel from your local post office.
We deliver to P.O. Boxes, however do not accept any responsibility if the order cannot be delivered to addresses containing a P.O. Box.
Our transport services are reliable. However, as with all shipments, delays may occur, or a parcel may be lost. If the delivery has not taken place seven days after the date indicated on our site, We ask You to report this to Us via e-mail. We will then contact our carriers so that we can start an inquiry. These investigations can only be launched one month after a parcel was sent. If the parcel is found, it will immediately be redirected to your place of residence (as in most cases). In other instances, We will ship a substitute item to You at our cost. If the original product(s) ordered are no longer available, we would reimburse You the cost of the goods lost by the carrier.
Delivery problems due to the carrier
All order irregularities (damages, items missing in comparison to the delivery form, damaged packages, broken items…) must be indicated on the delivery order under “hand-written reserve”, that You will then have to sign. Apart from that, You will also have to inform us via e-mail stating your order number, which can be found by logging into contact page
-The customer will have to claim any delivery errors and/or nonconformity of the products in kind or in quality, not in compliance with the purchase order, on the day of delivery, or at the latest, on the first business day following the delivery date. All claims placed after this date will be rejected.
-The claim will have to be made by email through the contact page
-All claims not made in compliance with the above procedure will not be considered, and We shall disclaim all liability.
-Upon receipt of the claim, You will be advised of the procedure to follow for exchange, reimbursement or offer, so that we can come to a mutual agreement. A product can only be exchanged after receipt of a claims e-mail according to the instructions outlined above.
In the case of a return, the shipping charges will be at our cost (only in the case of delivery errors), except if the returned item does not correspond to the original claim made via e-mail.
ARTICLE 8: PRODUCT GUARANTEE
In accordance with article 4 of decree n°78-464 of 24th March 1978, We are obliged to guarantee You against all hidden vices of the product sold.
ARTICLE 9: ORDER WITHDRAL POLICY
These terms affect international shipments (i.e. shipments outside of Germany):
You may return your order at your own cost, within a period of seven business days from the date of delivery, if you are not satisfied with the products ordered. The period runs from the date of delivery of your order. We take tracking information by couriers into account, if necessary we will inquire an exact date with the courier company. If the return period expires on a Saturday, a Sunday or a bank holiday, or any other non-business day, it will be extended to the first business day that follows. All returns will have to be registered with us via email, or via the contact page
We shall only accept products returned to us intact, in their original packaging and in perfect condition, able to resold. Any products returned damaged or whose original packaging has been deteriorated will be neither exchanged, nor reimbursed.
This right to withdraw your order will be exercised without any penalty except for the return shipping cost. If you choose to return your order, you have the right to either ask for reimbursement of the sums paid or for an exchange. If you choose to simply exchange your items, you may return your order or parts of it at your own cost, and have the exchange items shipped back to you, also at your own cost.
If you choose to return your order, we shall refund your order once the returned parcel reaches our packing station.
ARTICLE 10: LIABILITY
We deny any liability for any inconvenience or damages due to using Internet, namely in the event of an interruption of the system, for any outside interference, downloaded viruses or damages caused to the computer or to the software, caused by You or derived from visiting our site.
Our liability only extends to having to advise You how to use the information We make available to people visiting our website. Although We have taken every precaution to ensure the reliability of the information contained on this Website, We deny any liability resulting from errors, omissions, or as a result of whatever use that could be made from this information. Namely, the use of hypertext links may lead You to other websites, over which We have no control.
ARTICLE 11: INTELLECTUAL PROPERTY
We grant You licence to access our website, limited to your own personal use. You are under no condition authorized to download or modify all, or any part of this Website without our written authorization. This licence under no condition allows You to use this website or its content for any sales or commercial transactions whatsoever (listed products, descriptions, prices, downloading or copy the information on behalf of another, use the data, software, sound effects, graphic designs, pictures, texts, photos, tools).
This website or any part of this website must on no account be reproduced, copied, sold or used for commercial reasons without our prior, written permission.
You are forbidden to use any techniques able to copy a brand, a logo or any other information (namely pictures, texts, visuals) belonging to Us without our prior written permission. You are forbidden to use meta tags or any other “hidden” script containing our name, our brand or those of our group without our prior written agreement. All non authorised use will put an immediate end to the licence We have granted You.
We authorise You on a non exclusive and revocable basis, to create a hypertext link aiming at our website homepage, on condition that this link cannot be to our detriment or to that of any companies of our group or to any of our products, or any of our services; neither have cause for deceit, forgery or be taken pejoratively. We deny all liability whatsoever due to this hypertext link and the content of your site.
Any use in your link of our logo, our brand or our graphics requires our written authorization.
ARTICLE 12: COMMENTS, CRITIQUES, COMMUNICATION AND OTHER TEXTS
You can send Us your critiques, your comments or other messages. We submit suggestions, ideas and other information, as long as the content is not illegal, obscene, abusive, menacing, defamatory, or contravening the rights of intellectual property or prejudicial to a third party and is not or does not contain a computer virus; political militancy, commercial canvassing, mass mailing or letter chains or any other form of “spam”. You are not to use a false e-mail address, usurp the identity of another person or entity, neither lie on the origin of the text. We reserve the right at our entire discretion, to remove or modify any content namely for technical reasons (insufficient storage capacity, virus, legibility of the webpage) or legal reasons (wording of a defamatory, untrue, racist, obscene or justifying crimes against humanity.) The reasons mentioned above are simply examples and are by no means exhaustive.
If You send Us content, and unless otherwise stipulated by Us, You will accept to grant Us as well as the companies of our group all non exclusive free rights, and this for the legal duration of the copyright to use, reproduce, modify, adapt, publish, translate, distribute, sublicense, and to display the content worldwide on all media. You grant Us as well as to the companies of our group and our sub-licensees the right to use the name You have communicated to Us in the transmission of the content. You relinquish the right to be identified as the author of the content. You accept to take the necessary steps to enhance the rights You have granted Us, namely by complying with our demands.
You declare and guarantee that You are the owner or have the necessary rights on the content that You transmit to Us; that at the date of its transmission (i) the content is exact and true, (ii) the use of the content does not contravene any of our policies and will not be damaging to any third party (i.e that the content is not defamatory). You accept to compensate Us in the case of a legal action brought against Us by a third party when this action is due to, or has any link with the content that You have transmitted to Us.
ARTICLE 13: PROTECTING THE DATA
We undertake efforts to protect your personal data. All your personal data which We have received, will be treated with the strictest confidence in compliance with our protection policy on personal data.
In compliance with the law of the 6th January 1978, You have the right of access to your data and the right to change it. This right may be exercised by post or by e-mail from the contact page
ARTICLE 14: LITIGATION
In the event of one of the clauses of the present contract being null and void, either due to a change in legislation, or a change in the rules or by decision of justice, this would have no effect whatsoever on the validity of the present general sales terms and conditions.
In the case of litigation, the customer should first contact the company to try and obtain an amicable solution. Failing this, the only competent bankruptcy courts are those of Freiburg (Germany).
ARTICLE 15: DURATION
The present conditions apply for the duration of the time our services are offered online.
ARTICLE 16: PROOF
The computerised record stored in our computer systems and those of our partners in reasonable security conditions will be considered as proof of the transaction orders and payments between the parties.
ARTICLE 17: STORING AND ARCHIVING OF TRANSACTIONS
The archiving of your orders, forms and invoices, is done on reliable and long lasting supports in order to provide a true and long lasting copy in compliance with article 1348 of the civil code.