TERMS OF SALE

GENERAL CONDITIONS OF SALE

ARTICLE 1 : PREVENTION

The CYRANO Online Store is reserved exclusively for users aged 18 years-old and above.

Alcohol abuse is dangerous for your health and should be consumed in moderation.

ARTICLE 2 : THE ONLINE STORE

The CYRANO Online Store is accessible at www.rabastas.fr.

CYRANO’s commercial offer covers all products showcased in the Online Store catalogue.

The Online Store displays the essential characteristics of each product as well as its price, total delivery costs and delivery procedures.

ARTICLE 3 : GENERAL

All orders placed by a client on the Online Store are subject to these General Conditions of Sale to the exclusion of all other documents, and the buyer’s general conditions of purchase in particular.

All clauses and conditions contrary to these General Conditions of Sale that may feature on purchase orders and more generally on any kind of correspondence issued by the buyer shall be deemed non-written and shall have no contractual value between the parties. Derogations from these General Conditions of Sale shall only apply following CYRANO’s express, written agreement.

The products are described by information featured on their technical sheets.

The information contained in the catalogues, brochures, advertisements, notices or any other documents from CYRANO is provided for information purposes only and does not represent a commitment on the part of CYRANO, who may change this information at any time.

Photographs on the technical sheets are provided for illustrative purposes only and the product may differ from the image displayed. The information provided by the photographs does not represent a commitment on the part of CYRANO who may change them at any time.

CYRANO reserves the right to correct any accidental error or omission contained within these Conditions and in any other contractual document.

In CYRANO's online store, certain products are by their nature, available only in very limited quantities, often, but not always, due to depleted stocks, or the product's age or exceptional quality. These products are fragile, irreplaceable and highly prized. The purchase of these products in the online store is subject to special terms and conditions not applicable to other orders. These terms and conditions are set out in the present general conditions of sale.

ARTICLE 4 : ORDER

All orders must be placed via the Online Store by clicking on the ‘Order’ button. An order is only considered firm once the buyer has filled in the mandatory fields in the ‘Personal Details’, ‘Contact Information’, ‘Delivery Options’ and ‘Payment Method’ sections.

CYRANO will send the buyer an email to confirm their order.

All orders placed on the Online Store imply full acceptance of these General Conditions of Sale, with the buyer acknowledging having read and accepted them prior to placing an order.

The buyer certifies that they are at least 18 years of age on the date of ordering.

In the event of buyer non-compliance with these Conditions, CYRANO reserves the right to fully or partially cancel any orders in progress or to suspend delivery of the merchandise.

ARTICLE 5 : STOCK AVAILABILITY

Products are available and delivered while stocks last.

Should an ordered product become unavailable, CYRANO will inform the buyer of the unavailability and may offer the buyer a different product of equivalent quality and price, or where applicable a credit note for the order amount to be used on the Online Store.

In the event of disagreement on the part of the buyer, CYRANO shall refund the amount paid within fourteen (14) days.

ARTICLE 6 : ORDER VALIDITY

CYRANO reserves the right to refuse any order for legitimate reasons and particularly in cases where the quantities ordered whether in one or several orders are abnormally high in comparison to quantities generally ordered by buyers purchasing in their capacity as consumers..

CYRANO reserves the right to request additional proof of identity and payment from the buyer for any order over €2,000.

ARTICLE 7 : PRICE

The buyer is under obligation to pay the price at the time of ordering on the Online Store.

Prices are given in euros and are inclusive of tax, excluding delivery costs which are indicated on the Online Store.

The billing prices for products are those displayed on the Online Store on the date on which the order is confirmed by the buyer.

CYRANO reserves the right to change applicable prices on the Online Store at any time. Price changes are automatically applicable on the date on which the price changes are published on the Online Store.

All orders, irrespective of the country in which they are placed, are payable exclusively in euros.

ARTICLE 8 : RETENTION OF OWNERSHIP

CYRANO retains full and total ownership of products until full payment of their price, both principal plus interest, has been made by the buyer.

Until full payment has been made, the buyer undertakes not to resell unpaid products, not to relinquish possession of the products and to take all necessary measures to ensure the products are kept in their delivered state and condition, and that they remain identified as the property of CYRANO.

ARTICLE 9 : DELIVERY COSTS

Delivery costs vary according to the transporter and delivery destination selected by the buyer. 

In all cases, CYRANO reserves the right to choose the transporter and delivery costs on behalf of the buyer based on the specific characteristics of Products.

ARTICLE 10 : PAYMENT

The buyer can proceed to pay for their order using various payment methods as follows:

• by bank transfer to the CYRANO’s bank account

Bank transfers must be made within 10 working days of the order being placed. If the bank transfer is not received within this time, the order will be cancelled.

• by debit or credit card (Carte Bleue, Visa, Mastercard, American Express) via online services provided by Stripe and PayPal.

CYRANO reserves the right to change available payment methods at any time.

ARTICLE 11 : SALE FOR EXPORT

The buyer is deemed an importer of the products they order for delivery to countries other than metropolitan France.

For deliveries to countries outside the European Union or French Overseas Departments and Territories, product prices will automatically be calculated excluding tax.

 All local levies, taxes, customs duties and any other payable fees are the sole responsibility of the buyer. The buyer is responsible for carrying out all necessary paperwork and obtaining all necessary authorisations for acquiring the products from the local authorities, and must ensure the products comply with local legislation and regulations.

CYRANO advises buyers to seek information on their obligations from the relevant local authorities prior to placing an order on the Online Store.

ARTICLE 12 : THE BUYER'S RIGHT OF WITHDRAWAL

a ) RIGHT OF WITHDRAWAL

The buyer has a period of fourteen (14) days following receipt of the order to exercise their right of withdrawal, with no obligation to provide a reason for doing so.

To exercise their right of withdrawal, the buyer must inform CYRANO in clear and precise terms, leaving no room for misunderstanding. The statement of withdrawal must contain the following details: buyer’s name, geographical address, phone number, and email address. In the event that a product is delivered to a third party other than the buyer, the latter must provide said third party’s contact details in the statement of withdrawal.

Buyers may use CYRANO’s withdrawal form template to be downloaded here : Withdrawal form. Buyers may also request a copy of the form by emailing contact@rabastas.fr. The choice of whether or not to use the template is left to the buyer’s discretion

The statement may be sent in a number of ways:

- By post to – CYRANO SAS - Lieu dit Lubet - 32290 Margouet-Meymes. France

- By email to contact@rabastas.fr

Upon receipt of the statement, CYRANO will immediately issue the buyer with a hard copy of a statement of receipt of the withdrawal.

The right of withdrawal cannot be exercised for bottles that have been opened.

• EFFECTS OF WITHDRAWAL In the event of a withdrawal initiated by the buyer, CYRANO shall refund the buyer for the full amounts paid no later than fourteen (14) days following the date on which CYRANO receives notice of the buyer’s decision to withdraw, in compliance with the provisions of the aforementioned Article 13.

Refunds include standard delivery costs as stated by CYRANO upon ordering. Additional delivery costs are not refunded by CYRANO in cases where the buyer has expressly selected a more expensive delivery method than the standard delivery offered by CYRANO.

Refunds will be made by the same method as that used by the buyer for order payment, unless another payment method is otherwise agreed upon between the buyer and CYRANO.

The buyer undertakes to return received products as soon as possible, at the latest fourteen (14) days from the date on which a statement of withdrawal was issued to CYRANO. Withdrawal only takes effect once the products have been returned to CYRANO before expiry of the fourteen (14) day period.

 The buyer must return the order to the following address:

CYRANO SAS - Lieu dit Lubet - 32290 Margouet-Meymes. France

Les frais de renvoi des produits sont à la charge de l’acheteur. 

• BUYER RESPONSIBILITY

The buyer shall be held responsible in the event of damage to the product or its packaging resulting from handling not required for establishing the nature, characteristics and condition of the Product.

b) RETURN AND REFUNDS DUE TO NON-COMPLIANCE:

In the event that the buyer is delivered a non-compliant or faulty product, the buyer can return the Item in question within fourteen (14) days of receipt of the delivery to CYRANO by following the instructions set out below and which are also available on the Website.

The buyer must notify CYRANO of its intention to return an Item by email to contact@rabastas.fr.

In order to receive a refund, the Customer must return the Items in their original packaging to the following address:

CYRANO SAS - Lieu dit Lubet - 32290 Margouet-Meymes. France

CYRANO will refund the cost of returning the product upon presentation of proof of payment. Refunds include standard delivery costs as stated by CYRANO upon ordering. Additional delivery costs are not refunded by CYRANO in cases where the buyer has expressly selected a more expensive delivery method than the standard delivery offered by CYRANO. Refunds will be made by the same method as that used by the buyer for order payment, unless another payment method is otherwise agreed upon between the buyer and CYRANO. Once the returned Items have been checked, CYRANO will provide a refund to the Buyer as soon as possible via the bank account or payment account used by the Buyer to pay for the Items.

ARTICLE 13 : DELIVERY AND SHIPMENT METHODS

All orders are processed by CYRANO’s Online Customer Service team from Monday to Friday, excluding public holidays. Orders are processed:

• on the day payment is made online in the Online Store, in the event that payment is made by bank card or Amex (transaction accepted by the online payment solution Stripe);

• on the day payment is made online in the Online Store, in the event that payment is made by PayPal (transaction accepted by the online payment solution PayPal);

• on the day payment is received, in the event of payment by bank transfer.

Orders are then shipped from Monday to Friday (excluding public holidays) within two to five working days of the order being processed.

These shipping times may be extended during busy periods or in the event of a short-term closure. For example: Christmas, Father’s Day, annual closure, stock-taking days, force majeure.

An email confirming the order has been shipped will be sent to the buyer on the date on which the order was effectively shipped.

For delivery via Chronopost, Colissimo and DHL, a tracking number to monitor order progress is included in the order dispatch confirmation email sent to the buyer by CYRANO. Buyers can track their deliveries on the transporters’ websites using the link provided in the email sent by CYRANO.

In the event of an order delivery delay exceeding ten working days, the buyer may cancel their order and request a refund by sending a letter via registered post with proof of receipt to CYRANO, providing the order is not delivered prior to receipt of said letter.

In any event, the buyer may exercise their right of withdrawal in compliance with the guidelines set out in Article 12 of these General Conditions of Sale.

It is expressly agreed that the buyer becomes responsible for products upon delivery, with delivery implying transfer of risk to the buyer.

Delivery is considered complete upon delivery of the products to the Buyer, except in the event that the Buyer appoints a transporter not offered by CYRANO.

ARTICLE 14 : DELIVERY ERRORS/FAULTS

In the event of delivery of an Item that does not correspond to the Order made by the Buyer, or in the event of faults linked to transport, the Customer may return the Item in question within fifteen (15) days of receipt of the delivery to CYRANO by following the instructions set out below and which are available on the Website.

In order to receive a refund or exchange for the Item, the Customer must return the Item in its original packaging to the following address:

CYRANO SAS - Lieu dit Lubet - 32290 Margouet-Meymes. France

We will refund the costs incurred for the return of the Item upon presentation of proof of payment. Refunds include standard delivery costs as stated by CYRANO upon ordering. Additional delivery costs are not refunded by CYRANO in cases where the buyer has expressly selected a more expensive delivery method than the standard delivery offered by CYRANO.

Refunds will be made by the same method as that used by the buyer for order payment, unless another payment method is otherwise agreed upon between the buyer and CYRANO. In any event, CYRANO undertakes to bear any costs relating to the processing of the refund.

Once the returned Items have been checked, CYRANO will provide the Customer with their choice of an exchange or refund as soon as possible; if a refund is chosen, this will be made to the bank account or payment account used to pay for the Items.

ARTICLE 15 : PRODUCT GUARANTEE

The products sold correspond to the specifications given to the buyer on the Online Store when used in strict compliance with the purposes for which they have been sold. Unless otherwise specified, CYRANO cannot under any circumstances be held liable for an amount exceeding the value of the billed merchandise.

ARTICLE 16 : INTELLECTUAL PROPERTY RIGHTS

The www.rabastas.fr site and all of its components (such as trademarks, domain names, texts, tree diagrams, software, animations, images, photos, illustrations, packaging, diagrams, logos, sound and music clips) remain the exclusive property of CYRANO or third parties who have duly authorised CYRANO to use these elements, with the latter retaining the exclusive intellectual property rights to use the relevant components.

No element of the site may be fully or partially used, reproduced, shared or published without CYRANO’s prior written approval.

The use of all or part of the www.rabastas.fr site, notably the downloading, reproduction, sharing, representation or distribution for any purpose, other than personal and private use for non-commercial purposes, is strictly prohibited.

ARTICLE 17 : HYPERLINKS AND COMMENTS

The creation of hyperlinks to the www.rabastas.fr website is subject to CYRANO’s prior written approval, which may be revoked at any time.

CYRANO declines all (including editorial) responsibility regarding access to sites - and their content - with a hyperlink to the www.rabastas.fr site.

CYRANO reserves the right to delete any comment published by a user and/or buyer on the www.rabastas.fr website.

ARTICLE 18 : ACCESS TO THE ONLINE STORE

CYRANO reserves the right to make changes to the Online Store and www.rabastas.fr website at any time and without prior notice.

CYRANO declines all responsibility in the event of interrupted access or inaccessibility to the www.rabastas.fr site, the occurrence of bugs, or any damage resulting from fraudulent acts committed by a third party (notably breaches) via the www.rabastas.fr site.

ARTICLE 19 : CIRCUMSTANCES RESULTING IN RELEASE OF LIABILITY

CYRANO is released from its obligations in the event of force majeure, exceptional circumstances, or acts of state.

ARTICLE 20 : PERSONAL DATA AND CONFIDENTIALITY CHARTER

CYRANO undertakes, as part of its activities and in accordance with the legislation in force in France and Europe, to ensure the protection, confidentiality and security of the personal data of users of its services, and to respect their privacy.

For further information on the Privacy Policy, buyers should refer to CYRANO’s "PRIVACY POLICY" section. This Policy provides information on how CYRANO, its sub-contractors and partners process your personal data.

This policy applies in particular to customers and users of products and services, and to visitors of the site.

ARTICLE 21 : COOKIES

CYRANO may save a cookie on internet users' computers. For more information about cookies, buyers should refer to CYRANO’s "PRIVACY POLICY"

ARTICLE 22 : CONTACT

If you have any questions, please send them to CYRANO, specifying your request in the relevant area in the section "Contact", which can be accessed from every page of the Online Store.

Contact details for CYRANO can also be accessed from every page of the Online Store in the section

"CONTACT US".

ARTICLE 23 : ABSENCE OF TACIT WAIVER

If, at any time, one of the Parties does not exercise its right as recognized under the present General Conditions of Sale, in particular its right not to terminate the sales contract, or if it is late in exercising this right, or does not enforce the execution of any stipulation in the General Conditions of Sale, this can in no event be interpreted as an express or tacit waiver by this Party, neither of its right to exercise this right in the future, nor of its right to enforce strict execution of the commitments made by the other Party to take any action, or any complaint it may have in relation to the other Party's failure to undertake its obligations, nor any right to cancel the present contract for any breach of any kind whatsoever.

ARTICLE 24 : APPLICABLE LAW - COMPETENT COURTS

The present general conditions are governed exclusively by French law, to the exclusion of all other laws, in particular those of the Vienna Convention on the international sale of goods.

10/04/2020