Terms & Conditions

Website : geovinum.fr 

These General Terms and Conditions of Sale (hereinafter the “GTC”) define the terms and conditions under which the company EtOH, SAS with a capital of 51000 euros, registered with the RCS of DIJON under number 828397745, whose registered office is 1A Rue du 26ème Dragons 21000 DIJON, represented by Audrey Chaillet in her capacity as Managing Director (hereinafter “EtOH”) will allow the Customer to Order Products and use the Site.

1 - Definitions

In the remainder of these GCS and any other contractual document attached thereto, the terms whose first letter appears in capitals will have the following meaning, in the singular and in the plural:

  • « service “: the client of EtOH, Ordering Products on the Site.
  • " Ordered ""Order""Commander", "Commanded" : any order of Products by the Customer, from EtOH.
  • " Account " : Customer's account on the Site, accessible by his username and password, and containing his personal information as well as his history on the Site;
  •  " Part " : EtOH and/or Customer;
  • " Privacy policy " : the privacy policy of EtOH, accessible on the Site.
  • “Product(s) and Service(s)” : the products or services marketed by EtOH under the brand name EtOH, EtOH Academy, EtOH Agency, EtOH Consulting, EtOH Digital, EtOH Plus, EtOH Science, geoVINUM by EtOH or The Wine Shot by EtOH.
  • “Physical Product(s)” : physical products marketed by EtOH under the brand name EtOH, EtOH Academy, EtOH Agency, EtOH Consulting, EtOH Digital, EtOH Plus, EtOH Science, geoVINUM by EtOH or The Wine Shot by EtOH, such as posters, canvases, PVC supports, works etc., which are delivered by post.
  • “Digital Service(s)” : the digital services marketed by EtOH under the brand name EtOH, EtOH Academy, EtOH Agency, EtOH Consulting, EtOH Digital, EtOH Plus, EtOH Science, geoVINUM by EtOH or The Wine Shot by EtOH which are delivered by email.
  •  "Site" : the sales sites belonging to EtOH, namely etoh.academy, shop.etoh.fr, geovinum.fr, thewineshot.com and its components (computer code, graphic elements, databases, documentation, etc.) published by the company EtOH, as well as any other means of displaying the site (eg a mobile application). 

The Customer is invited to read these T&Cs carefully, to print them and/or save them on a durable medium.

 

2 – Acceptance and modification of the GCS and object

 

2.1 – Application and modification of the T&Cs

EtOH reserves the right to modify the T&Cs at any time by publishing a new version of them on the Site, by notifying the Customer thereof by email or by notification upon its next connection to the Site.

The Customer will be invited to accept the modified T&Cs.

In the absence of acceptance of the modified GCS, the Customer may exercise his right of refusal by deleting his Account on the Site.

The T&Cs applicable to the use of the Site are those in force on the date of use.

The T&Cs applicable to an Order are those in force on the date of the Order.

These GCS are applicable regardless of the country of origin and visit of the Customer.

The T&Cs are applicable for the entire duration of use of the Site by the Customer.

In case of translation into another language, the French version will prevail.

The legal information concerning the host and the publisher of the Site, the collection and processing of personal data and the conditions of use of the Site are provided in these T&Cs, the Privacy Policy and the legal notices of this Site.

 

2.2 - Purpose

The Site allows the Customer to Order the Products of EtOH and offers various content relating to the Products and the activity of EtOH.

 

2.3 – Acceptance of the GCS

Registration on the Site and its use, as well as any Order, imply the unreserved acceptance, by the Customer, of all of these GCS.

This acceptance will be expressed by ticking the box corresponding to the sentence of acceptance of these GCS when registering on the Site and before validating an Order, having for example the mention "I acknowledge having read and accepted all of the general terms and conditions of the Site” or another equivalent statement.

Checking this box will be deemed to have the same value as a handwritten signature.

 

2.4 – Legal capacity

The acceptance of these GCS, the use of the Site, and any act of Order suppose on the part of the Customer that he enjoys the legal capacity necessary for this.

The Client must be of legal age or a minor over fifteen (15) years old.

If the acceptance of the GCS is made in the name of a company or other legal person, the Customer declares and guarantees to have the right to bind the said company or other legal person to these GCS. In this case, the term “Client” will designate the company or the legal entity.

If EtOH is informed that a Client does not have the legal capacity or does not comply with the conditions of registration on the Site, his Account may be immediately closed, without notice and without incurring EtOH's liability. Any Order placed in the absence of legal capacity may also be canceled under the same conditions.

 

2.5 – Compliance with legislation

The Site complies with French regulations. Consequently, EtOH cannot be held responsible, if a Customer located outside of French territory consults the Site, or Orders Products, in the event of non-compliance with applicable foreign regulations.

In particular, the Customer must be aware of the applicable local and national laws. EtOH cannot be held responsible in the event of non-compliance with these.

 

3 – Characteristics, conformity of the Products

 

3.1 General

The Product(s) and Service(s) marketed on the Site include vineyard maps, as well as other decorative products from the world of viticulture, works, books, notebooks as well as digital communication, marketing, website.

 

3.2 Characteristics of the Product(s) and Service(s)

The Product(s) and Service(s) are the subject of a description which is established by EtOH.

EtOH describes the actual characteristics of the Product(s) and Service(s) on the basis of the elements at its disposal or provided to it by its suppliers. However, these may differ marginally, which the Customer accepts, without this constituting poor performance of its obligations by EtOH.

The graphic elements (photographs, videos, illustrations) illustrating the Product(s) and Service(s) on the Site do not constitute contractual documents and are presented for illustration and not information purposes only. They should not be considered by the Customer as a determining element of the consent to place an Order. EtOH cannot be held responsible if the Products delivered are not identical in all respects to those presented during the Order.

 

3.3 Compliance of Product(s) and Service(s)

The Customer is invited to read any information attached to the Product(s) and Service(s) or on the Product(s) and Service(s) or its packaging, in particular information related to any precautions for use, the conditions and restrictions of use.

The Customer is required to ensure that the Product(s) and Service(s) correspond to his expectations and needs.

The Product(s) and Service(s) are manufactured in compliance with the community regulations applicable to them. EtOH thus undertakes to market Product(s) and Service(s) that meet the standards, laws and regulations applicable to this type of Product(s) and Service(s).

 

4 – Availability of Product(s) and Service(s)

EtOH will inform the Customer of the availability of the Product(s) and Service(s) prior to the Order, and in particular if the Product(s) and Service(s) is in stock, being restocked or currently unavailable.

In the event of unavailability of the Product(s) and Service(s) not foreseen beforehand at the time of the Order, EtOH will inform the Customer of the restocking period. If this period is greater than fifteen (15) calendar days, the Customer will have the option of modifying his Order, or canceling his Order and obtaining a refund for the unavailable Products, using the payment method used when placing the Order. This refund will be made within fourteen (14) days from the taking into account of the Customer's choice.

 

5 - Delivery

 

5.1 – Terms of delivery

The terms of delivery will be indicated on the Site, and during the Order.

The applicable delivery times will also be indicated.

Delivery is made either by sending an email for digital products and services, or by authorized carriers depending on the country, namely for example La Poste, Colissimo, UPS, DHL, Chronopost. EtOH reserves the right to use the Delivery Service Provider of its choice, depending on the package, technical and logistical constraints.

 

5.2 – Delivery costs

The delivery costs will be indicated before any payment of an Order by the Customer, and are invoiced in addition to the price of the Product(s) and Service(s). Delivery costs may vary depending on the place of delivery and the carrier chosen.

 

5.3 – Place of Delivery

Digital Services Orders can be shipped worldwide.
Product Orders can only be shipped to countries within the European Union, Switzerland and Norway.

Delivery will be made to the place indicated by the Customer when placing the Order, who must ensure that they have not made an error in entering their place of delivery.

 

5.4 – Customs

In the event of delivery of a Product(s) and Service(s) outside the territory of the European Union and in the DOM-TOMs, the Customer declares himself the importer of the Product(s) and Service(s) and accepts that in such a case EtOH may be physically unable to provide it with exact information on the total amount of costs relating to customs duties and formalities or import taxes applicable in the country where the delivery of the Product( s) and Services(s) is requested.

Any tax not indicated during the Order process may be charged to the Customer by the country concerned, in view of the legislation applicable in the Customer's country.

EtOH cannot be held responsible for any blockage or seizure operated by the customs of the country in which the Product(s) and Services(s) must be delivered.

 

5.5 – Delivery time

EtOH will make its best efforts to deliver the Product(s) and Service(s) within the deadlines indicated in the Order.

As a general rule and unless otherwise stated, all orders are processed within 2-3 business days. Orders are not shipped or delivered on weekends or holidays.

If we experience a high volume of orders, shipments may be delayed for a few days. Please allow additional days in transit for delivery. In the event of a significant delay in the dispatch of your order, we will contact you by e-mail.

The average delivery times are as follows:

France 7-30 days
European Union 7-30 days
Switzerland-Norway 7-30 days

Customer will be notified by EtOH of the date of shipment. It is the Customer's responsibility to ensure that the Order can be received by himself or any person present at his delivery address.

If the delay in delivery is more than thirty (30) days compared to the initial scheduled date, the Customer may cancel his Order in accordance with Article L138-2 of the Consumer Code. A refund of the sums paid for the undelivered Product and shipping costs will then be made.

 

5.6 – Transfer of ownership and risks

Ownership of the Product(s) and Service(s) passes upon full payment of the Product(s) and Service(s) by the Customer.

Delivery can be made to the Customer himself or to any person present at the address indicated at the time of delivery.

Any risk of loss, theft or damage to the Product(s) and Service(s) is transferred to the Customer when the delivery note is signed or the Product(s) and Service(s) are received. , if no signature is required.

 

5.7 – Refusal of parcels

The Customer or the person receiving the Order may refuse a package at the time of delivery if he notices an anomaly concerning the delivery (damage, Product(s) and Service(s) missing from the delivery note, damaged package, Product (s) and Service(s) damaged…).

Any anomaly must then be indicated on the delivery slip, in the form of handwritten reservations, accompanied by the signature of the Customer or the person receiving the Order.

To exercise his right of refusal, the Customer or the person receiving the Order must open the damaged or defective package(s) in the presence of the carrier and have him take back the damaged goods. The Customer may also send any reservations to EtOH within three (3) days of delivery.

Failing to comply with these requirements, the Customer will not be able to exercise his right of refusal, and EtOH will not be required to accede to the Customer's request to exercise the right of refusal.

If the Customer's package is returned to EtOH, EtOH will contact the Customer upon receipt of the return package to ask him what to do with his Order.

If EtOH or the person receiving the Order has mistakenly refused the package, they may request it to be returned by first paying the postage for the new shipment. Postage costs must be paid by the Customer.

 

5.8 – Return of parcels

In case of return of the package to EtOH, for any reason whatsoever, through the Customer's fault (in particular in the event of an incomplete delivery address, the absence of recovery of the package, a missing mention on the mailbox, etc.), the reshipment of the Products will be subject to payment by the Customer of the new related delivery costs.

The Products will only be reshipped upon receipt by EtOH of full payment of the new delivery charges.

 

5.9 – Loss by carrier

EtOH cannot be held responsible for damages and indirect or consequential damages, whatever the cause, related to the loss or damage of the Customer's shipment by the carrier, nor for the pecuniary consequences, direct or indirect, resulting therefrom. 

 

 

6 - Guarantee

The Product(s) and Service(s) marketed by EtOH are subject to the legal guarantees of articles 1641 to 1649 of the Civil Code (guarantee against hidden defects) and articles L217-4 and following of the Consumer Code (guarantee of conformity) .

To apply these guarantees, the Customer must notify EtOH of the defects of the Product, including a detailed explanation of the problem encountered.

If the complaint falls within the framework of a hidden defect, the Customer may then, at his option:
Either be delivered with a Product(s) and Service(s) of equivalent quality and price.
Either be reimbursed for the price of the Product(s) and Services(s) Ordered within fourteen (14) days of confirmation of the defect by EtOH.

The Customer has a period of two (2) years from the date of the Order to implement this guarantee.

This guarantee is also excluded in the event of use of the Product(s) and Services(s) by the Customer in a manner that does not comply with the precautions for use and instructions transmitted by EtOH.

The cost of delivery of a new Product will be borne by EtOH.

In the event of implementation of the guarantee, the Customer must contact customer service at the e-mail address appearing in these GCS.

EtOH will then inform the Customer of the procedure to follow for the return, and if applicable, the refund of the Product(s) and Services(s).

 

7 – Orders

 

7.1 – Command Mode

The Customer may place an Order for Product(s) and Service(s) on the Site or by any other means offered by EtOH.

Prior to his first Order on the Site, the Customer must create an Account.

 

7.2 – Order Stage

The stages of the Order on the Site are as follows:

  • Creation of an Account by the Customer if it is a first Order or connection to his Account if it already exists;
  • Choice of Products that the Customer wishes to Order, and placing in a basket, which displays a summary of the Order;
  • Familiarization and validation of the T&Cs by the Customer;
  • Validation of the basket by clicking on the validation button;
  • Provision of Customer identification and delivery information for the Product(s) and Service(s);
  • Choice of delivery methods;
  • Choice of payment method for the Order and provision of billing information;
  • Visualization of the Order summary (items, price, delivery method, payment method) for final validation;
  • Confirmation of the order ;
  • Sending of an Order confirmation email to the Customer by EtOH, upon receipt of the Customer's payment, containing the entire Order, and specifying the delivery conditions.

The Order is constituted upon receipt of payment from the Customer by EtOH.

The contact details and information provided by the Customer must be up-to-date and real. If this is not the case, EtOH cannot be held responsible in the event of difficulty in delivery or error on the part of the Customer.

 

7.3 – Error in the Order

EtOH can in no way be held responsible for errors in the choice of Product(s) and Services(s), for input errors by the Customer during the Order (in particular of address), or for any other information provided which would be erroneous, nor of their possible consequences and in particular delays or errors of delivery. In this case, if EtOH accepts, on a strictly commercial basis, a reshipment, the costs incurred by a possible reshipment will be borne by the Customer.

 

7.4 – Refusal of the Order

EtOH reserves the right to refuse any Order for legitimate reasons, in particular in the event of payment problems, delivery problems following the provision of incomplete and/or imprecise information by the Customer, abnormally high Orders compared to the Orders usually placed by the Customer or Orders placed in bad faith.

 

7.5 – Archiving

EtOH will archive Purchase Orders and invoices on a reliable and durable medium constituting a faithful copy. The computerized registers will be considered by the Parties as proof of communications, Orders, payments and transactions between the Parties.

 

8 – Price and terms of payment

 

8.1 - Price

Unless otherwise stated in writing, the prices appearing on the pages of the Site are prices understood in euros all taxes included (TTC), including the VAT applicable on the day of the Order and excluding any participation in processing, shipping and transport costs. .

The price indicated on the Site does not include shipping costs, payable by the Customer, in addition to the price.

EtOH reserves the right to pass on any change in the VAT rate to the price of the Product(s) and Service(s).

EtOH also reserves the right to change its prices at any time. However, the price indicated on the day of the Order will be the only one applicable to the Customer.

 

8.2 - Payment

The Customer may pay by credit card, or by any other means offered by EtOH. The Customer warrants to EtOH that he is the holder of the means of payment used for payment of the Order and that he has sufficient funds to fully cover the payment of his Order.

Unless specifically agreed by EtOH, the Order will not be considered constituted until payment has been received in full by EtOH.

Payment will be debited at the time of validation of the Order by the Customer.

If it is impossible to debit or collect the sums due in payment of the Order, for any reason whatsoever, the Order may be cancelled, without prejudice to the damages that EtOH may request to compensate for its loss.

Payments by credit card are made by means of secure transactions provided by a payment service provider acting according to the rules of the art.

EtOH has no access to any data relating to the Customer's means of payment except for the last digits of his bank card. Payment is made directly to the bank or payment provider receiving payment from the Client.

 

8.3 - Late payment

Any late payment may give rise to the invoicing of late payment penalties without any prior formal notice being necessary. The rate of these penalties is equal to three times the legal interest rate. A sum of forty (40) euros may also be invoiced for recovery costs.

The charging of default interest and administrative collection costs does not prohibit EtOH, at its discretion, from taking legal action to obtain additional damages.

In the event of a payment incident, EtOH reserves the right to cancel the Order immediately and without formal notice, without the Customer being able to claim any compensation or incur EtOH's liability.

 

9 – Withdrawal and return policy

In accordance with his right of withdrawal, the Customer has a period of fourteen (14) days from the date of delivery of the order to return any Product, complete, in its original packaging and in perfect condition (allowing a marketing).

The Customer must enclose a copy of the invoice or any other element enabling it to be identified and the Order in question to be identified.

Only the Customer identified as such with EtOH can exercise this right, to the exclusion of any other person.

The costs and risks of the return are always the responsibility of the Customer. The Customer must make the return via a solution allowing the parcel to be tracked.

If the previous obligations are not respected, the Customer will lose his right of withdrawal and the Product will be returned to him at his expense.

The transfer of risks will be made upon receipt of the Product by EtOH, after verification of its condition.

After verification of the returned products, any accepted return will result, at the Customer's choice:

  • The establishment of a credit note for the benefit of the Client.
  • Replacement of the Product.
  • Reimbursement of the price of the Product order, within fourteen (14) days from confirmation of receipt of the withdrawal issued by EtOH.

The Customer can use the following withdrawal form:

Attention EtOH:

I / we (*) hereby notify you (*) of my / our (*) cancellation of the contract for the sale of the goods (*) / for the provision of services (*) below:

Ordered on (*) / received on (*):

Name of the consumer (s):

Address of the consumer (s):

Signature of the consumer (s) (only in case of notification of this paper form):

Date:

(*) Cross out or delete the unnecessary mention.

Certain types of items cannot be returned, such as perishable products (such as food, flowers or plants), personalized products (such as special orders or personalized items) and personal care products (such as of beauty) . We also do not accept returns of hazardous materials, flammable liquids or gases. Please contact us if you have any questions or concerns regarding your specific item.

Unfortunately, we cannot accept returns on sale items or gift cards.

To be eligible for a return, your item must be in the same condition you received it, unworn or unused, with tags, and in the original packaging. You will also need the receipt or proof of purchase.

We will notify you once we have received and inspected your return, and let you know whether or not the refund has been approved. If approved, you will automatically be refunded to your original payment method. Keep in mind that it may also take your bank or credit card company some time to process and post the refund.

 

10 - Customer service

Customer service can be accessed by email at the following address: or by post to EtOH headquarters.

 

11 - Liability

 

11.1. General

EtOH cannot be held liable for any direct or indirect damage resulting from the visit of a Customer or that of third parties to the Site, from the use or inability to use the Site.

This limitation of liability concerns all types of indirect damages, including but not limited to operating losses, loss of turnover, loss of orders, loss of profits, loss of data or other information, loss of customers, loss of expected savings, damage to image and reputation, loss of opportunity.

EtOH shall also not be liable for damages caused by malware, viruses or any inaccuracy or omission of information, from the Site, unless the damages arise from willful act or gross negligence on the part of of EtOH.

 

11.2 – Sale of Product(s) and Service(s)

EtOH shall only be liable for direct damages caused to the Customer in connection with the sale of Product(s) and Service(s).

EtOH cannot under any circumstances be held liable for consequential damages caused to the Customer in the context of the sale of Product(s) and Service(s).

This limitation of liability concerns all types of indirect damages, including but not limited to operating losses, loss of turnover, loss of orders, loss of profits, loss of data or other information, loss of customers, loss of expected savings, damage to image and reputation, loss of opportunity.

In any case, the liability of EtOH, in the context of damage suffered following an Order of Products, may not exceed the value of the said Order.

 

 12 – Site and Account

 

12.1 – Site

The Site is freely accessible and free to use by any Client.

Each Customer can only create one Account on the Site.

Access to the Site may at any time be restricted to allow maintenance, repair or updating of the Site.

EtOH does not undertake any quality of service obligation for its Site, and will make its best efforts to ensure that it is accessible.

EtOH ensures the secure use of the Site. However, given the nature of the Internet, EtOH cannot guarantee absolute security of the Site and is only bound by an obligation of means.

 

12.2 – Contents of the Site

The content appearing on the Site is produced by EtOH or its partners.

These are for informational purposes only and do not commit EtOH in any way.

EtOH shall not be held liable in any way whatsoever if the Customer takes any action based on the content appearing on the Site.

 

12.3 – Username and password

The Customer will proceed to create an Account, by choosing his username (email address) and a password.

The Customer must also provide the information necessary for the proper performance of its obligations by EtOH.

This Account will be used by the Customer to access his account on the Site and place Orders.

The Customer is responsible for providing a strong and sufficiently complex password. EtOH will not be liable in the event of access to the Account by a third party, through a brute force attack.

 

12.4 – Use of the Account

The Customer is responsible for the security and use of the username and password of his account. In particular, the Customer must ensure that these are used in accordance with these T&Cs.

EtOH will not be liable for any unauthorized use of the Account by a third party, and will not be liable for any damage caused by such use.

If the Customer notices that his Account is compromised or used without authorization, or any other security breach related to his Account, he must inform EtOH as soon as possible.

EtOH will not be responsible if it is impossible for the Customer to access the Site.

EtOH may, however, at any time, close and delete the Account without having to notify the Customer, in the event of violation of the stipulations of these GCS, without any compensation being claimed by the Customer. The responsibility of EtOH cannot be sought in this respect. However, EtOH may hold the Customer liable and claim damages in this respect, if the latter has not complied with these GCS.

 

12.5 - Security

The Customer undertakes not to act in the following manner, without this list being exhaustive:

  • Act in a way that could compromise the operation of the Site,
  • Attempt to access the Account of a third party,
  • Attempting to access the servers (outside normal use of the Site) or computers of the EtOH network, Attempting to upload viruses, Trojan horses, or any other invasive or illegal program on the Site or its servers,
  • Extract data from the Site without prior written permission from EtOH,
  • Use the Site in an illegal manner or in violation of these T&Cs or any applicable law.

12.6 – Account Data

The Customer undertakes to provide real information on his Account, which is used by EtOH to perform its contractual obligations.

In accordance with the "Personal Data" Article, the Customer may also request the deletion of his Account, in accordance with his right of access and rectification under the GDPR. In this case, the Customer Data will be deleted by EtOH.

 

13 – Intellectual Property

The texts, images, domain names, trademarks, designs, models, patents, software, databases, used on the Site, as well as the Products, are:

  • the property of EtOH, or;
  • where applicable, the property of a third party who has provided a license for use to EtOH.

These elements are protected worldwide.

These T&Cs do not grant any intellectual property rights to the Customer, who may not reproduce any of the elements of the Site, in part or in whole, without the prior written consent of EtOH.

Any partial or total reproduction of these elements may constitute an infringement. EtOH reserves the right to take any action that may be necessary to assert its rights and repair its damage.

 

14 – Personal Data

The collection and processing of Personal Data is governed by the Privacy Policy, accessible at the following address:

 

15. General

 

15.1 – Mediation

In accordance with the provisions of articles L612-1 and following of the Consumer Code, the Customer, consumer, has the possibility, in the event of a dispute with EtOH, to use the MEDICYS mediation service free of charge, if no response has been provided to its request to EtOH Customer Service after a reasonable period of one (1) month:

 

The Client, consumer, remains free to accept or refuse recourse to mediation and, in the event of recourse to mediation, each Party is free to accept or refuse the solution proposed by the mediator.

 

15.2 – Entire Agreement

These T&Cs prevail over any other stipulation potentially applicable to the relationship between EtOH and the Customer. These T&Cs cancel and replace any prior commitment of the Parties relating to the subject matter and constitute the entire agreement between the Parties with regard to the subject matter hereof.

 

15.3 – Exclusivity

No exclusivity is concluded between the Parties by the acceptance of these GCS. The Parties remain free to contract with the third parties of their choice.

 

15.4 – Survival of certain stipulations

The end of these T&Cs, for any reason whatsoever, does not constitute an end for clauses whose nature or content require their maintenance.

 

15.5 – Partial invalidity

If one or more stipulations of these GCS is/are held to be invalid or declared as such pursuant to a law, regulation or following a decision definitive of a competent court, it (they) will be deemed (s) not written. The other stipulations will retain their full force and scope.

15.6 – Non-waiver and tolerance

The fact that EtOH does not rely on the other Party for a breach of any of the obligations referred to in these GCS cannot be interpreted for the future as a waiver of the obligation in question and does not have the effect of granting the other Party acquired rights.

Failure or delay in exercising any right by EtOH shall not be construed as a waiver of such right.

The Customer undertakes to provide real information on his Account, which is used by EtOH to perform its contractual obligations.

In accordance with the "Personal Data" Article, the Customer may also request the deletion of his Account, in accordance with his right of access and rectification under the GDPR. In this case, the Customer Data will be deleted by EtOH.

 

15.7 - Independence 

Neither Party can make a commitment in the name and / or on behalf of the other. In addition, each of the Parties remains solely responsible for its actions, claims, commitments, services, products and personnel.

15.8 - Proof 

The Parties accept that all electronic communications, in particular email, are proof between them.

The Customer recognizes in particular the value of proof of EtOH's automatic recording systems and, except for him to provide proof to the contrary, he waives the right to contest them in the event of a dispute.

 

15.9 – Force Majeure

As part of the execution of these GCS, EtOH will not be held liable in the event of failure to perform its obligations due to any event of force majeure.

For the purposes of these T&Cs, force majeure is understood to mean any event that is unforeseeable, irresistible and external to the Parties within the meaning of French law and case law.
In the event of the occurrence of a case of force majeure, this will have the effect of suspending the execution of the obligations of EtOH, which will do its best to limit the consequences and resume the execution of the GCS as soon as the disappearance or the cessation of the force majeure event or circumstances.

 

15.10 - Applicable law and competent jurisdiction

The law applicable herein is French law, regardless of the Customer's country of origin.

The T&Cs are written in French, and the French version will prevail even in the event of translation into another language.

Any dispute relating to the execution or interpretation of these GCS, not resolved amicably between the Parties, will be submitted to the competent court of the registered office of EtOH, including in matters of summary proceedings, a call for warranty or a plurality of defendants, and regardless of the Client's country of origin.

 

 
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