Article 6 – Order Confirmation
Once payment has been successfully processed, the Seller will send the Customer an order confirmation by email.
Article 7 – Proof of Transactions
Computerized records stored in the Seller's computer systems under reasonable security conditions shall be considered proof of communications, orders, and payments exchanged between the parties.
Order forms and invoices are archived on a reliable and durable medium that may be produced as legal evidence.
Article 8 – Product Information
The products governed by these General Terms and Conditions are those displayed on the Seller's website and identified as being sold by the Seller.
Products are offered subject to availability.
Every effort is made to describe and present the products as accurately as possible. However, should any errors or omissions occur, the Seller cannot be held liable.
Product photographs are provided for illustrative purposes only and are not contractually binding.
Article 9 – Pricing
The Seller reserves the right to modify its prices at any time but undertakes to apply the prices displayed at the time the order is placed, subject to product availability.
All prices are displayed in Euros (€).
Customers purchasing products sold including VAT (VAT inclusive) will pay the applicable VAT rate in force on the date of purchase.
Any change in the applicable VAT rate will automatically be reflected in product prices.
Where the Seller benefits from a VAT exemption under French law, products may legally be invoiced excluding VAT (VAT exempt).
If a Customer located within the European Union is required to pay VAT upon delivery, they must contact the Seller before paying any VAT or customs charges requested by the carrier or customs authorities so that the situation can be resolved.
If the Customer has already paid VAT, customs duties, or customs clearance fees, reimbursement will only be possible for the VAT and customs duties, provided acceptable proof of payment is supplied.
Article 10 – Payment Methods
Placing an order constitutes an obligation to pay.
Customers may choose from the payment methods available on the website.
The Customer guarantees that they are fully authorized to use the chosen payment method.
The Seller reserves the right to suspend order processing or delivery in the event of payment authorization refusal by financial institutions or in the event of non-payment.
The Seller also reserves the right to refuse any order placed by a Customer who has failed to pay for a previous order or with whom a payment dispute exists.
Accepted Payment Methods
- PayPal
- Credit Card (Visa, Mastercard, etc.)
- Stripe
- Alma
Special Offers & Discount Codes
The Seller reserves the right to offer introductory promotions, temporary discounts, promotional campaigns, or special pricing at any time, in accordance with applicable law.
Only the prices displayed at the time of purchase shall apply.
Discount codes may be subject to specific conditions, are strictly personal, and may only be used once.
Payment Incidents & Fraud Prevention
The Seller reserves the right to suspend any order or delivery in the event of unpaid invoices or payment authorization refusal.
Additional documents may be requested to verify the payment before processing an order.
To combat credit card fraud, a visual verification of payment methods may be carried out before shipment.
If the Customer discovers fraudulent use of their bank card, they must immediately notify both their bank and the Seller.
Late or Failed Payments
Late payment penalties and statutory interest shall apply in accordance with applicable law.
Installment Payments
Payment may be made in three installments, where available.
Installment payments do not constitute a subscription or revolving credit.
They are simply a payment schedule for the total purchase price.
Regardless of the number of installments selected, the Customer remains liable for the entire purchase price.
The first installment is charged on the date of purchase.
Subsequent installments are generally charged at one-month intervals, unless otherwise specified.
The Customer guarantees that the payment card provided will remain valid until the final installment has been processed.
The Seller reserves the right to refuse installment payments if:
- the payment card expires before the final installment is due; or
- the secure payment provider declines the transaction.
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Article 11 – Product Availability – Refunds – Contract Termination
Except in cases of force majeure or during periods when the online store is temporarily closed (which will be clearly announced on the website homepage), shipping times are those indicated below, subject to product availability.
Shipping times begin on the order registration date shown in the order confirmation email.
Delivery arrangements will be specified to the Customer on a case-by-case basis.
If the agreed delivery date or delivery period is not respected, the Customer must first request that the Seller fulfill its obligations within a reasonable additional period before terminating the contract.
If the Seller still fails to deliver within this additional period, the Customer may terminate the contract by sending a registered letter with acknowledgment of receipt or another durable written communication.
The contract shall be deemed terminated upon receipt by the Seller of the Customer's notification, unless the Seller has fulfilled its obligations in the meantime.
However, if the agreed delivery date was an essential condition of the contract, the Customer may terminate the contract immediately.
In such cases, the Seller must refund all amounts paid within 14 days from the date the contract is terminated.
If a product becomes unavailable after an order has been placed, the Customer will be informed as soon as possible and may either:
- receive a full refund within 14 days; or
- choose an equivalent replacement product.
Article 12 – Delivery Terms
Delivery is deemed to occur when the Customer takes physical possession or control of the goods.
Ordered products are delivered by the Seller's supplier according to the delivery methods and timeframes specified above.
Products are shipped to the address provided by the Customer during checkout.
The Customer is solely responsible for ensuring that this address is accurate.
Any parcel returned because of an incorrect or incomplete address will be reshipped at the Customer's expense.
If requested, an invoice may be sent to the billing address instead of the delivery address.
If the Customer is absent during delivery, the carrier will leave a delivery notice allowing the parcel to be collected from the designated location.
If, upon delivery, the original packaging appears damaged, torn, or opened, the Customer must inspect the contents immediately.
If the goods are damaged, the Customer must refuse the parcel and clearly indicate on the delivery note:
"Package refused because it was opened or damaged."
The Customer must also write any observations regarding damaged or missing goods directly on the delivery receipt and sign it.
This inspection is considered completed once the delivery receipt has been signed by the Customer or an authorized representative.
The Customer must then confirm these reservations by registered mail to the carrier within two business days, while sending a copy of this correspondence to the Seller.
If products need to be returned, the Customer must submit a return request within 14 days of delivery.
No claims submitted after this period will be accepted.
Returned products must be in their original condition, including:
- original packaging;
- accessories;
- instructions;
- and all included components.
Products must be returned to:
Chaska Spirit
1 B Rue François Bibal
64500 Saint-Jean-de-Luz
France
Products will normally be delivered within a maximum of 2 days.
Products are offered subject to stock availability.
If a product becomes unavailable, the Seller may offer a product of equivalent quality and value or issue a full refund.
Apart from refunding the purchase price, the Seller shall not be liable for any cancellation compensation unless the failure to perform is directly attributable to the Seller.
Return shipping costs are paid by the Seller.
Article 13 – Delivery Errors
The Customer must report any delivery error or product non-conformity on the day of delivery or no later than the first business day following delivery.
Claims submitted after this deadline will not be accepted.
Claims may be made by:
Telephone:
+33 6 72 85 48 93
Email:
contact@chaskaspirit.com
Claims that do not comply with these procedures will release the Seller from any liability.
Once the claim has been received, the Seller will assign a return authorization number and communicate it by email.
No exchange may take place without this authorization number.
Article 14 – Product Warranties
14.1 Legal Guarantee of Conformity
The Seller guarantees that products conform to the sales contract, in accordance with Articles L217-3 and following of the French Consumer Code.
Under this legal guarantee:
- the Customer has 2 years from delivery to make a claim;
- the Customer may choose between repair or replacement, subject to legal conditions;
- for new goods, the Customer is not required to prove that the defect existed during the 24 months following delivery (12 months for second-hand goods).
14.2 Warranty Against Hidden Defects
In accordance with Articles 1641 and following of the French Civil Code, the Seller guarantees products against hidden defects.
The Customer must prove that:
- the defect existed before the sale;
- and that it renders the product unfit for its intended use.
Claims must be made within two years from the discovery of the hidden defect.
The Customer may choose either:
- cancellation of the sale; or
- a reduction in the purchase price.
Article 15 – Right of Withdrawal
Exercising the Right of Withdrawal
Customers have 14 days from the date of delivery to return any product that does not meet their expectations and request either an exchange or a refund, without penalty.
Return shipping costs remain the Customer's responsibility.
Returned products must be:
- unused;
- complete;
- in their original packaging;
- accompanied by all accessories;
- accompanied by the purchase invoice.
Damaged, soiled, or incomplete products cannot be refunded.
The right of withdrawal may be exercised online using the withdrawal form available on the website.
The Customer will immediately receive confirmation of receipt on a durable medium.
The Customer may also exercise this right by any other unambiguous written declaration expressing the intention to withdraw.
To exercise this right, the Customer must notify the Seller by email:
contact@chaskaspirit.com
The Seller will refund:
- the purchase price;
- the original delivery charges.
Return shipping costs remain the Customer's responsibility.
Refunds or exchanges (subject to availability) will be processed within 7 days after the Seller receives the returned products.
Exceptions
Under Article L221-28 of the French Consumer Code, the right of withdrawal does not apply to:
- products whose price depends on financial market fluctuations;
- custom-made or personalized products;
- perishable goods;
- sealed products that have been opened after delivery and cannot be returned for health or hygiene reasons;
- goods inseparably mixed with other products after delivery;
- alcoholic beverages delivered more than 30 days after purchase whose value depends on market fluctuations;
- urgent repair or maintenance services requested by the Customer;
- unsealed audio recordings, video recordings, or software;
- newspapers, magazines, or periodicals (except subscriptions);
- digital content supplied electronically when performance has begun with the Customer's prior express consent and acknowledgment that they waive their right of withdrawal.
The Seller is not required to reimburse additional delivery charges if the Customer expressly selected a delivery method that is more expensive than the standard delivery option offered.
Article 16 – Force Majeure
Any circumstances beyond the reasonable control of either party that prevent the normal performance of their contractual obligations shall be considered force majeure and shall suspend the obligations of the affected party.
The party invoking force majeure must immediately notify the other party of its occurrence and its end.
Force majeure includes, but is not limited to:
- transport or supply disruptions;
- earthquakes;
- fires;
- storms;
- floods;
- lightning;
- failures of telecommunications networks;
- external telecommunications disruptions;
- or any other unforeseeable, unavoidable, and irresistible event beyond the control of the parties.
The parties shall consult each other to determine the consequences of the event and agree on the conditions under which performance of the contract may continue.
If the force majeure event lasts longer than three months, either party may terminate these Terms and Conditions.
Article 17 – Intellectual Property
All content published on this website remains the exclusive property of the Seller, who holds all intellectual property rights relating to that content.
Customers agree not to reproduce, distribute, modify, publish, or otherwise use any content from the website.
Any total or partial reproduction without prior written authorization constitutes copyright infringement.
Article 18 – Data Protection
The personal information provided by the Customer is necessary for processing orders and issuing invoices.
It may be shared with the Seller's partners responsible for processing, shipping, payment, and fulfillment of orders.
The Customer has a permanent right to access, modify, correct, and object to the processing of their personal information.
These rights may be exercised under the conditions described on the website:
https://chaskaspirit.com/es/
Article 19 – Partial Invalidity
Should one or more provisions of these Terms and Conditions be declared invalid under applicable law or by a final court decision, the remaining provisions shall remain fully valid and enforceable.
Article 20 – Waiver
Failure by either party to enforce any provision of these Terms and Conditions shall not constitute a waiver of the right to enforce that provision in the future.
Article 21 – Headings
In the event of any inconsistency between the headings of the articles and the provisions themselves, the provisions shall prevail.
Article 22 – Contract Language
These General Terms and Conditions of Sale are drafted in French.
If translated into one or more foreign languages, only the French version shall prevail in the event of any dispute.
Article 23 – Mediation and Dispute Resolution
The Customer may use a consumer mediation service or any other alternative dispute resolution procedure in the event of a disagreement.
The mediator's contact details are available on our website.
Before initiating legal proceedings, any Customer residing within the European Union may request assistance from a consumer mediator.
In accordance with Regulation (EU) No. 524/2013, the European Commission provides an Online Dispute Resolution (ODR) platform to facilitate out-of-court resolution of disputes between consumers and businesses.
The platform is available at:
https://webgate.ec.europa.eu/odr/
Article 24 – Governing Law
These General Terms and Conditions are governed by French law.
French courts shall have exclusive jurisdiction over any dispute relating to these Terms and Conditions.
The Customer agrees to seek an amicable solution directly with the Seller before initiating legal proceedings.
Article 25 – Personal Data Protection
Data Collected
The following personal data may be collected through the website:
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Account creation: personal identification and location information.
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Login: connection data, usage information, and location data.
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Profile: information voluntarily provided by the Customer, including a telephone number.
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Payments: financial information relating to payment cards or bank accounts used for purchases.
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Communications: messages exchanged through the website are temporarily stored.
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Cookies: cookies are used to improve website functionality. Users may disable cookies through their browser settings.
Use of Personal Data
Personal data is collected to:
- provide access to and operate the website;
- optimize website performance;
- manage payment services;
- verify user identity;
- enable communication between users;
- provide customer support;
- personalize content and advertising according to browsing behavior;
- prevent fraud, malware, and security incidents;
- manage disputes;
- send commercial and promotional communications according to user preferences.
Sharing Personal Data
Personal data may be shared with third parties in the following situations:
- with banks and payment service providers for payment processing;
- when users publish public content on the website;
- when users authorize third-party services to access their information;
- with service providers responsible for customer support, advertising, and payment processing;
- when required by law or judicial authorities;
- in the event of a merger, acquisition, transfer of assets, or insolvency proceedings.
Where personal data is transferred, users will be informed before such transfer takes place.
Security and Confidentiality
The website implements appropriate organizational, technical, software, and physical security measures to protect personal data against unauthorized access, alteration, or destruction.
However, because the Internet cannot be guaranteed to be completely secure, the Seller cannot guarantee the absolute security of information transmitted or stored online.
Users' Rights
In accordance with the GDPR, users may exercise the following rights by contacting:
contact@chaskaspirit.com
Users have the right to:
- access their personal data;
- correct inaccurate information;
- request deletion of their personal data;
- restrict processing under certain circumstances;
- object to data processing;
- request the portability of their personal data.
The website may request proof of identity before processing such requests.
Changes to this Privacy Clause
The website reserves the right to modify this Personal Data Protection clause at any time.
Any updated version will be published on the website.
Users will also be notified by email at least 15 days before the new version takes effect.
If a user does not agree with the revised Privacy Policy, they may delete their account before the effective date of the changes.
