Payment for your order means that you are at least 18 years old and that you accept these general conditions of sale.
1) Legal notices
1a- Website publisher and merchant: Spirits Attitude
Simplified joint-stock company with a capital of 30,000 euros
Registered office: 10, rue de Penthièvre 75008 Paris France
Company registered with the Paris Trade and Companies Register under number 802 394 965 00015
APE code 4791A
VAT number: FR 24 802 394 965
Contact: service.client@rhumattitude.com or +33 1 75 51 46 19
1b- Hosting: Infomaniak
Registered office: Rue Eugène-Marziano, 1227 Geneva, Switzerland
2) Prevention
. Access to the website, as well as the purchase of all products and services offered by the site, are exclusively reserved for persons aged 18 or over.
. Alcohol abuse is dangerous for your health, consume in moderation.
3) Definitions
Terms used in this document are defined as follows :
. Company: Spirits Attitude, owner of the Rhum Attitude brand.
. Visitor: any person browsing the www.rhumattitude.com website.
. Customer: any person who makes at least one purchase on the www.rhumattitude.com website.
. Carrier: the company that transports packages from the Company's warehouse to the Customer.
. Site: the www.rhumattitude.com website.
4) Preamble
. These General Terms and Conditions are entered into on the one hand by Spirits Attitude, a company with share capital of 1,000 euros, whose registered office is at 10, rue de Penthièvre, 75008 Paris, registered in the Paris Trade and Companies Register under number 802 394 965, hereinafter referred to as the "Company", and on the other hand, by any individual or legal entity, hereinafter referred to as the "Customer", wishing to take out a subscription and/or make a purchase via the website www.rhumattitude.com website, or by any person, hereinafter referred to as the "Visitor", browsing the www.rhumattitude.com website and the blog blog.rhumattitude.com, hereinafter referred to as the "Site".
. Their purpose is to define the terms and conditions under which the Company makes its Site available to Visitors and Customers, and offers and provides the services detailed below.
. They apply to all Visitors and/or Customers to the Site.
. The Company markets its offers concerning rum on the Site and under the Rhum Attitude brand of which it is the owner.
. The Rhum Attitude brand and associated logo are registered with the INPI by the Company.
5) Acceptance of these General Conditions
. Any order of goods and services placed on the Site implies acceptance of these General Terms and Conditions. Customers may check the details of their proposed order and correct any errors. From the moment the Customer confirms his/her order by clicking on the order validation button, he/she is considered to have fully and knowingly accepted the content and conditions of the order in question, and in particular the present General Terms and Conditions, the prices, volumes, characteristics, quantities and delivery times of the products ordered.
. The contract between the Customer and the Company will be concluded upon validation of payment, and its conclusion will be confirmed by an electronic message.
. The Company reserves the right to modify these General Terms and Conditions at any time and without prior notice, in order to adapt them, in particular, to changes to the Site, to the evolution of commercial offers, to logistical and administrative processes, and to legislation.
6) Subscriptions, products and services offered by the site
6a- The Company offers its Customers two main commercial products :
. a subscription to a boxed set of 4 bottles of rum, each 5 cl (known as the "Box of the Month"). This package is referred to as a "box" in the remainder of this document.
. the purchase of items from the "Cave" online store.
6b- Specific features of the "Box of the Month" subscription :
. The subscription is taken out at the Customer's discretion for a number of months defined at the outset, or for an unlimited period by ticking the "monthly direct debit" option (until the Customer cancels the subscription).
. The customer receives one box per month for the duration of the subscription.
. If the subscription is taken out for a defined number of boxes, i.e. without the "monthly direct debit" option, the customer pays for all boxes as soon as the subscription is taken out.
. If the subscription is taken out with the "monthly debit" option, the Customer is debited as soon as the subscription is taken out for the first box, and then at the earliest on the 1st of each month.
. Once payment for the order has been received, the customer may, at any time and at no cost, modify the subscription (delivery method, delivery address, billing address, cancellation if the "monthly debit" option is active, or subscription to the "monthly debit" option if the customer wishes to continue the subscription beyond the number of months initially defined, etc.). This modification cannot concern the first box (or bottle) ordered and paid for, and takes effect from the month following the date of the modification.
. In the event of a change to the "monthly direct debit" option, the customer will only be debited for boxes for which payment has not yet been made. For example, if the Customer has taken out a 3-month subscription, and has paid for the first 3 boxes when taking out the subscription, and decides to switch to the "monthly direct debit" option from the second box onwards, the Customer will only be debited from the fourth box of the subscription. The customer's subscription then takes on the characteristics of a subscription taken out with the "monthly direct debit" option described in these general terms and conditions.
. The subscription includes access to content designed by the Company, possibly in association with rum experts and/or distilleries and/or commercial companies partnered with the Company.
. The rums that make up each box are chosen by the Company, in association with rum experts and/or distilleries and/or the Company's commercial partners, so as to offer the Customer a rich and varied experience over time.
. The rums contained in the first box received by the Customer are those indicated on the web page presenting the offer on the Site, at the time the Customer subscribes to the offer.
. However, the rums contained in subsequent boxes are not known to the Customer at the time of subscription. It is expressly agreed between the parties that the Customer subscribes to a discovery offer, which means that he will only be aware of the product purchased as part of the subscription at the beginning of each month by consulting the site's presentation pages, which specify the contents of the current month's box, or at the latest when he receives his parcel.
. In addition, the Company reserves the right to inform the Customer of the composition of a forthcoming Box, either directly (by email for example), or indirectly, on the Site or on social networks for example.
6c- By accepting the present General Terms and Conditions, the Customer is aware of the characteristics of these offers and accepts them.
7) Geographical areas covered
. The list of areas covered is updated in the "delivery conditions" section of the website (www.rhumattitude.com/conditions-de-livraison/).
. Certain localities (islands outside Corsica, mountainous areas....) may be invoiced after the order has been placed.
. In particular, a request for delivery to the "hub of the armed forces" will be invoiced at an additional rate of 15 euros inc. tax + 3 euros inc. tax per kilogram over 5 kilograms.
. If the Customer refuses to pay this additional charge, a full refund will be made to the Customer and the order will be cancelled.
8) Ordering
. All orders are firm only when they have been confirmed by the Company by sending an e-mail to the Customer.
. The Customer undertakes to be at least 18 years of age at the time the order is placed.
. The Customer undertakes to provide accurate information in the order. In particular, the customer must check the delivery address and telephone number before validating the order. In the event of an error once the order has been validated and paid for, the Customer must contact the Company's customer service department as soon as possible - and at the latest before the order is prepared - in order to have the delivery address and/or telephone number changed. In the event of delivery being impossible due to an incorrect address and/or telephone number, the Company will invoice the Customer for the cost of return transport of the parcel(s) returned by the carrier.
. The Company reserves the right to refuse any order for legitimate reasons, and in particular if the quantities ordered, by means of one or more orders, are abnormally high.
. The mention "Only one copy authorized per customer" on a product sheet means that the Company will refuse any subsequent order of the same product for this customer. The Company then reserves the right to refuse other orders to the same address, or made with the same credit card, or under the same surname.
. The Company reserves the right to refuse any order for which the shipping costs, after deduction of transport costs paid by the customer, exceed 15% of the price of the goods excluding VAT (sale at a loss).
9) Payment
9a- If you subscribe to the "Box of the Month" offer with the "monthly direct debit" option :
. The Customer pays for the first box on the day of subscription.
. For subsequent boxes, payment for a box scheduled for delivery in a given month is debited automatically and at the earliest on the 1st of that month.
. The Customer acknowledges that the subscription commits him/her to an automatic monthly payment defined at the time of subscription, until the subscription is cancelled. Termination of a subscription in a given month takes effect from the following month.
. The Customer undertakes to update his bank details in the event of any change (typically in the event of a bank card renewal).
. In the case of a subscription to the "Box of the Month" offer taken out for a defined number of boxes, i.e. without the "monthly direct debit" option :
.. The customer pays for all boxes as soon as the subscription is taken out.
.. In the event of a change to the "monthly direct debit" option, the customer is debited only for those boxes for which payment has not yet been made. For example, if the Customer has taken out a 3-month subscription, and has paid for the first 3 boxes when taking out the subscription, and decides to switch to the "monthly direct debit" option from the second box onwards, the Customer will only be debited from the fourth box of the subscription. The Customer's subscription then takes on the characteristics of a subscription taken out with the "monthly direct debit" option described in the present general terms and conditions.
9b- Payment for subscriptions is made by credit card only.
9c- When purchasing one or more items from the rest of the online store (and in particular the "Cellar"), the Customer must pay for all items ordered.
9d- Payment for the purchase of one or more products from the online boutique may be made by credit card or bank transfer.
9e- The Company reserves the right to modify the available payment methods at any time.
9f- In the event of a payment incident or non-payment, the Company reserves the right to cancel or suspend any order and/or delivery.
9g- The Company reserves the right to suspend or cancel any order from a Customer who has previously been in arrears or defaulted on payment.
10) Prices (including delivery charges)
. All prices are quoted in euros including VAT, unless the Customer has registered a delivery address outside the European Union, in which case prices are quoted in euros excluding VAT.
. If the delivery address is outside the European Union, customs import charges are payable by the Customer and will be invoiced to the Customer at the time of delivery by the customs authorities of the country of delivery. In the event of a return due to non-payment of taxes, the order will be reimbursed to the Customer less 2 times the shipping costs of the order, corresponding to the outward and return delivery costs of the merchandise.
. All subscriptions and orders are payable exclusively in euros.
. Subscriptions and products are invoiced at the rate in force at the time the order is placed.
. The Company reserves the right to modify the prices in force on the Site at any time. The price change will automatically apply on the date of publication of the price change on the Site. These changes will not affect current orders or subscriptions, but only new orders or subscriptions.
11) Delivery
The customer receives their order from the service provider they choose when subscribing to a service or making a purchase on the online store.
An email is sent to the Customer on the day the package(s) are shipped. This email includes the package tracking link. It is the Customer's responsibility to regularly check (at least every 2 business days) the package tracking using this link, to respond to any inquiries from the carrier regarding the delivery of the package(s), and to ensure the successful receipt of the package.
If the Customer authorizes the carrier to deliver without a receipt (for example, to a “safe place” in their absence), which we strongly advise against, this is done at their own risk. No claim can then be made against the carrier in the event of a missing or damaged package.
In the event of an unsuccessful delivery attempt to the Customer's address, the carrier may leave the package(s) at a collection point. The Customer will then be notified either by text message, email, or via the tracking link provided by the Company at the time of shipment (see previous point). The Customer has 7 calendar days to collect their package, starting the day after it is made available at the collection point. The provisions of the following point then apply.
For deliveries to a collection point, the Customer has 7 calendar days to collect their parcel, starting the day after it is made available at the collection point. After this period, if the parcel is returned to the sender, the Company will charge the Customer for both the outbound and return shipping costs, based on the rate applied by the Company for the same carrier for orders under €140.
The delivery dates mentioned on the Site are indicative only.
The Company reserves the right to use a different carrier than the one mentioned in the order, while maintaining an equivalent level of service, for reasons of insurance, availability, service quality, etc.
It is expressly agreed that the Company is in no way responsible for delays or delivery times, which may depend on the delivery method, or on voluntary or involuntary incidents.
12) Reception
It is the Client's responsibility to notify the Company within 24 hours of any damage, theft, destruction or loss of the package(s) relating to an order placed on the Site.
Upon receipt of the package(s), if a signature is requested from the Customer or a third party duly authorized by the Customer (caretaker, neighbor, etc.), the Customer or the third party must clearly indicate (specify the exact product references) any damage (damaged or opened package, broken bottle, damaged products, etc.) or missing items on the delivery slip presented to the Customer or the third party by the carrier, in order to allow the Company to initiate proceedings with the carrier and compensate the Customer. Furthermore, the Customer must contact the Company within 24 hours of receiving the package.
In the event of damage, the Customer must provide the Company, within 24 hours of discovering the damage, with the following: a clear photograph of the package label, a clear photograph of the damaged items, and, if applicable, a photograph showing the damaged part of the package, as well as a copy of both sides of their identification document, and a dated and signed sworn statement sent by registered mail with return receipt requested to the Carrier, detailing the damaged items. If these documents are not provided, the Company reserves the right not to replace or refund the damaged items.
In the event of non-receipt of a package, the Customer must contact the Company no later than 48 hours after notification of delivery on the Carrier's website. The Customer must then provide the Company with the following documents within 24 hours: a copy of both sides of their identity document, a dated and signed sworn statement sent by registered mail with return receipt requested (R/A) to the carrier indicating the non-receipt of the package, and, for any package valued at over €50 (including VAT), a copy of their police report filed with the prefecture or police station. If these documents are not provided, the Company reserves the right not to replace or refund the missing package.
The Company will send a new package – subject to available stock – or issue a refund as soon as the carrier has confirmed the damage or loss of the package.
In the event of a return to sender as part of a withdrawal, the return delivery costs are borne by the Customer.
13) Compliance
The Company will cover (return and refund, exchange, or compensation) any significant discrepancies between an ordered product and a received product: breakage, a different item than ordered, etc. Conversely, minor discrepancies (missing or damaged packaging, slight damage to the label or cap, a small leak in a sample, etc.) will not justify a full refund or return at the Company's sole expense. In these minor cases, a reasonable and proportionate solution will be offered to the Customer.
All goods and services may be represented photographically or iconically. The Company makes every effort to ensure that these representations are as faithful as possible to the goods and services themselves. However, due to the virtual nature of the presentation of these goods and services, the Customer's perception may differ from the actual goods and services. The Customer acknowledges and accepts that all photographic and iconographic representations are provided for illustrative purposes only. For example, a product whose packaging differs (but not its contents) does not constitute grounds for return or refund.
It is expressly agreed that the buyer will become responsible for the products upon delivery, with delivery entailing the transfer of risks to the buyer.
Unless otherwise provided by law, the Company's liability shall in no case exceed the amount of the value of the goods invoiced.
14) Right of withdrawal
In accordance with the provisions of Articles L. 121-21 et seq. of the Consumer Code, you have a period of fourteen calendar days from the receipt of the last product in your order to exercise your right of withdrawal without having to give reasons or pay penalties, with the exception of return costs which remain your responsibility.
The transport of returned products is your responsibility. Any damage to the products during this process, as mentioned below, may invalidate your right of withdrawal.
To exercise your right of withdrawal, you must notify the Company of your decision to withdraw from your order in writing, by any means and in particular by simple email addressed to service.client@rhumattitude.com.
The Company provides you with a withdrawal form in two electronic formats which you can download here:
Withdrawal form in Word format
Cancellation form in PDF format
The use of this form remains entirely at your discretion.
Only items returned in a condition suitable for resale by the Company will be accepted. This means they must be returned in their original packaging or, failing that, in packaging providing equivalent protection during return shipping. Consequently, incomplete, damaged, or soiled items will not be accepted.
Refusing a parcel delivered to your home or to a collection point, or failing to collect a parcel available at a collection point, is equivalent to a withdrawal.
Following your cancellation request, the Company, in accordance with legal provisions, will process your refund within 14 days of receiving your cancellation notice. If we do not receive your product or proof of shipment within this timeframe, the Company reserves the right to postpone your refund until we receive your product.
The Company will process your refund using the same payment method you used for your order. Therefore, if you paid for your order by credit card, we will credit your card with the refund.
15) Access to the site
The Company reserves the right to make changes to the site at any time and without notice.
The Company declines all responsibility in the event of interruption or inaccessibility of the Site, occurrence of computer malfunction, or any damage resulting from fraudulent acts by third parties (in particular by intrusion) from the Site.
16) Personal data
16a- When subscribing to a service and/or placing an order on the Website, the Customer is required to complete a form and one or more questionnaires. The Customer agrees to verify all information provided to the Company, its accuracy, and its completeness. The Company cannot be held liable for the consequences of any data entry errors.
16b- The personal information that the Client or Visitor transmits to the Company is used for the purpose of:
to facilitate communication between the Company and the Client or Visitor
To ensure the proper processing of orders, including delivering products, processing payments, and communicating with the customer regarding their orders. By providing your email address, the customer will be able to receive an order confirmation.
to conduct statistical studies.
16c- The information collected may be transmitted to third parties linked to the Company by contract for the execution of subcontracted tasks necessary for the management of the account, orders and payments of the Customer or Visitor.
16d- The Client or Visitor may at any time access and modify their contact information:
either in the “My Account” section
either by writing to service.client@rhumattitude.com
. or by writing by mail to the following postal address: Spirits Attitude, 10 rue de Penthièvre, 75008 Paris.
16e- In accordance with Article L.223-2 of the Consumer Code, you have the option of registering on a telephone marketing opt-out list available on the website bloctel.gouv.fr
17) Intellectual property
All elements of the Site are protected by copyright, trademarks, or patents. In particular, the trademarks, logos, photographs, and designs appearing on the Site are the exclusive property of the Company or third parties who have granted us permission to publish them. Their disclosure shall in no way be interpreted as granting a license or any right to use said trademarks and distinctive elements protected by copyright. They may therefore not be used under penalty of infringement.
Therefore, none of the documents from the Website may be copied, reproduced, republished, downloaded, posted, transmitted or distributed in any way whatsoever without our express permission.
However, you may download one copy of the documents onto a computer for your personal, non-commercial use only, provided that you do not modify the information contained therein and that you retain all copyright and other proprietary notices intact. Modifying these documents or using them for any other purpose constitutes an infringement of the Company's intellectual property rights.
If you personally have a website, Facebook page, Twitter account, or any other social media profile, and you wish to place a simple link directly to the Site's homepage, you may do so without the company's express permission. This will not constitute an implicit affiliation agreement.
However, any hyperlink to the Website using framing or in-line linking techniques is strictly prohibited.
In all cases, any link, even if tacitly authorized, must be removed upon simple request from the Company.
The Site may contain hyperlinks to other websites on the Internet. Links to these other resources will take you away from the Site.
The Company disclaims all responsibility for the content and access methods of third-party sites that have a hyperlink to the Site.
18) Right to delete
The Company reserves the right to delete any comment posted by a Visitor and/or a Customer on the Site.
19) Customer service, contact
For any general information or questions, the FAQ (Frequently Asked Questions) section is available on the Site.
For any other questions, particularly those relating to your account or order, customer service is available at the email address service.client@rhumattitude.com. You can also write to us by mail at the following address: Customer Service, Spirits Attitude, 10, rue de Penthièvre 75008 Paris.
20) Mediation
In accordance with Article L. 612-1 of the Consumer Code, in the event of a dispute, you have the option of contacting the following Consumer Mediator:
MCP Mediation, 12 square Desnouettes 75015 PARIS
You can do this by mail or by clicking on the link http://mcpmediation.org .
21) Force majeure
21a- The Company shall not be liable for any delay in performance or for the total or partial non-performance of its obligations under these General Terms and Conditions of Use and Sale, if such delay or non-performance is caused by an event constituting force majeure, including but not limited to:
. disruption or total or partial strike of postal services and means of transport and/or communication
. flood, fire or any other accident causing the complete or partial destruction of the Company's stocks or supplies
The strike or lockout, without needing to investigate who initiated the movement.
. the occurrence of a natural disaster, a war, a pandemic
. of any other external, unforeseeable and irresistible event within the meaning of Article 1148 of the Civil Code.
21b- The Company will make its best efforts to inform the Customer as soon as possible of a force majeure event and the procedures for processing his order during the period of force majeure.
21c - Should the force majeure event last for more than one month, the Parties shall be released from their obligations to each other. In such a case, the Company shall reimburse the Customer as soon as possible for orders that have been paid for but could not be delivered.
22) Jurisdiction and safeguard clause
Any dispute relating to the interpretation and execution of these General Terms and Conditions shall be subject to French law.
In the absence of an amicable resolution, the dispute will be brought before the Commercial Court of Paris.
If any provision of these General Terms and Conditions is declared invalid, unenforceable, or ineffective, it shall be deemed unwritten, without affecting the validity of the other provisions or clauses, which shall remain in full force and effect. All matters not covered by these General Terms and Conditions shall be determined by the Company.