PREAMBLE

 

These general conditions of sale govern all sales contracts for products belonging to LA SOCIÉTÉ DES VIEUX COPAINS (TOFC), whose head office is located in Darwin Ecosystem, 87 quai des Queyries, 33100 - BORDEAUX-FRANCE registered with the RCS de BORDEAUX under number 791242159 and its customers.

 

The customer acknowledges having read the general conditions of sale set out below. Placing an order by internet automatically entails your adherence to our general conditions of sale.

 

In the event of non-compliance with these conditions by the buyer, La Société des Vieux Copains reserves the right to cancel all or part of the orders in progress or to suspend deliveries of goods.

 

 

ARTICLE 1: APPLICABLE LAW

 

The company having its registered office on French territory the law applicable to any sales contract is French law.

 

 

ARTICLE 2: FIELDS OF APPLICATION

 

These conditions apply to the sale of products by La Société des Vieux Copains via the site www.archibaldtonic.com .

 

Consequently, the fact of placing an order implies the buyer's full and unreserved acceptance of these "general conditions of sale", to the exclusion of all other documents such as prospectuses, presses, catalogs or e-mailing, issued by the seller who have only an indicative value.

 

All clauses and conditions contrary to these General Conditions of Sale appearing on purchase orders and more generally on any type of correspondence from the buyer will be deemed unwritten and will have no contractual value between the parties. These General Conditions of Sale can only be waived by express written agreement of La Société des Vieux Copains.

 

The photographs of the products are given for illustration only, it is possible that the product differs from what is displayed.

 

The information provided by the photographs does not commit La Société des Vieux Copains which may modify them at any time.

 

La Société des Vieux Copains reserves the right to correct any accidental material error or any omission on these Conditions, as well as on any other contractual document.

 

 

ARTICLE 3: ONLINE SHOP - ORDER

 

All orders must be made through the Online Store: www.archibaldtonic.com

La Société des Vieux Copains' commercial offer relates to all of the products presented in the Online Shop catalog. The online store mentions the essential characteristics of each product, its price, the amount of delivery costs.

 

The order is confirmed by La Société des Vieux Copains by sending an email to the buyer.

 

 

ARTICLE 4: VALIDITY OF THE ORDER

 

La Société des Vieux Copains reserves the right to refuse any order for legitimate reasons and more particularly in the case where the quantities ordered, by means of one or more orders, are abnormally high compared to the quantities usually ordered by buyers in quality of consumers.

 

ARTICLE 5: AVAILABILITY OF STOCKS

 

The products are delivered within the limits of available stocks.

 

If the ordered product is unavailable, the company must reimburse the customer within 14 days of the request for reimbursement.

 

The customer can, if he wishes, obtain an equivalent product instead of the ordered product.

 

 

ARTICLE 6: PRICE

 

The prices of our products are in euros, all taxes included, excluding shipping costs, with the exception of operations where shipping costs can be offered (basket over € 60 incl. Tax for France, 80€ for other countries).

 

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

The invoiced prices of the products are those appearing on the Online Shop on the date of the confirmation of the order by the buyer.

 

La Société des Vieux Copains reserves the right to modify the prices in force on the Online Shop at any time. The price change will be automatically applicable on the date of publication of the price change on the Online Store.

 

All orders, whatever their origins, are payable exclusively in Euros.

Shipping costs, customs taxes and formalities are the sole responsibility of the customer.

 

 

ARTICLE 7: PAYMENT

 

Payment for products is made in full upon order:

• Either by bank card

• Either by Paypal

 

The Société des Vieux Copains reserves the right to modify the means of payment available at any time.

 

 

ARTICLE 8: DELIVERY AND SHIPPING TERMS

 

 

The ordered products are delivered to the address indicated by the customer.

 

The package will be sent to the recipient through a service provider of our choice.

 

All orders are processed by La Société des Vieux Copains' internet customer service and sent from Monday to Friday inclusive, except on public holidays.

 

Standard shipping times are on average 3-5 working days for France. It can be extended during periods of high activity or in the event of an exceptional closure. The delivery time will be a maximum of 30 days. Beyond this, the customer is entitled to claim reimbursement within 14 days of the claim.

 

It is expressly agreed that the buyer becomes responsible for the products upon delivery, the transfer of possession being the transfer of risk.

 

ARTICLE 9: RETENTION OF TITLE

 

La Société des Vieux Copains retains full ownership of the products until full payment of their price, in principal and interest, by the buyer.

 

Until their complete payment, the buyer agrees not to resell the unpaid products, not to dispossess them and to take all measures so that these products are kept in the state in which they were delivered and that they remain individualized as being the property of society.

 

ARTICLE 10: LIBERATORY CIRCUMSTANCES

 

La Société des Vieux Copains is released from its obligations by the occurrence of events constituting force majeure, fortuitous events or acts of fact of the prince.

As such, the following events are notably as force majeure or fortuitous events:

• the fire, flood or any other accident which caused the complete or partial destruction of the stocks and supplies of La Société des Vieux Copains

• strike, lockout without the need to search by the fact of who the movement originated

• the occurrence of a natural disaster, a war, a pandemic episode

• lack of motive power or raw materials resulting from a general cause, such as in particular the stopping of transport, the interruption of electric current, machine breakdowns

• any cause of supply shortage attributable to suppliers of La Société des Vieux Copains

 

The sales contract binding La Société des Vieux Copains to the buyer is then automatically suspended, without compensation, from the date of occurrence of the event.

 

 

ARTICLE 11: RIGHT OF RETRACTION OF THE PURCHASER

 

• EXERCISE OF THE RIGHT OF WITHDRAWAL

The buyer has a period of fourteen (14) days following receipt of the order to exercise his right of withdrawal, without having to justify a reason.

 

To exercise his right of withdrawal, the buyer must notify his decision by means of a clear and precise declaration devoid of any ambiguity.

 

The buyer's declaration of withdrawal must include the following mandatory information: buyer's name, geographic address and, where applicable, telephone, fax and email addresses. If the product has been received by a third party other than the buyer, the latter must indicate in the declaration of withdrawal the contact details of this third party.

 

The declaration can be made by any means at the registered office of the company. Upon receipt, La Société des Vieux Copains will communicate to the buyer, without delay, an acknowledgment of receipt of the withdrawal on a durable medium.

 

The buyer cannot exercise his right of withdrawal in the event that the goods in question have been made up to the specifications of the buyer or clearly personalized or which, due to their nature, cannot be redirected or are likely deteriorate or expire quickly.

 

The right of withdrawal cannot be exercised for products which have been unsealed or opened by the buyer or the recipient of the order after their delivery.

 

• EFFECT OF WITHDRAWAL

In the event of withdrawal on the initiative of the buyer, La Société des Vieux Copains will reimburse the buyer for all of the sums paid, at the latest fourteen (14) days from receipt by it of the decision of the buyer to retract, in accordance with the provisions of article 12a) above.

The buyer agrees to return the products received without delay, if necessary no later than fourteen (14) days from the notification of the declaration to La Société des Vieux Copains. The withdrawal will only be effective after returning the products to La Société des Vieux Copains before the expiration of the period of fourteen (14) Days.

The order must be returned by the buyer to the following address:

THE SOCIETY OF OLD FRIENDS

DARWIN ECOSYSTEM

87 QUAI DES QUEYRIES

33100 BORDEAUX - FRANCE

 

The costs of returning the products are borne by the buyer.

 

• BUYER RESPONSIBILITY

The responsibility of the buyer is engaged in case of depreciation of the product or its packaging.

 

ARTICLE 12: PRODUCT WARRANTY

 

The products sold correspond materially to the specifications presented to the buyer by the Online Shop when they are used in strict accordance with the functions for which they were sold.

 

Unless otherwise provided by law, La Société des Vieux Copains cannot in any case exceed the amount of the value of the goods invoiced.

 

In any event, the customer benefits from the legal guarantee of conformity, the legal guarantee of eviction and hidden defects (article 1625 and following of the Civil Code) on the condition that the buyer makes proof of the hidden defect, the seller must legally repair all the consequences (article 1641 and following of the Civil Code); if the buyer applies to the Courts, he must do so within a "short time" from the discovery of the hidden defect.

 

Consequently, the buyer has up to 3 months from the delivery date to send his complaint to the TOFC company. Beyond this period, we will no longer be able to guarantee the disputed product since no control on the quality of the storage location can be carried out, or the buyer must provide proof that the alteration of the product is prior to the sale.

 

 

ARTICLE 13: PERSONAL DATA AND PRIVACY POLICY

 

In accordance with the law "Informatique et Libertés" of January 6, 1978 as modified by the law of August 6, 2004, the buyer has a general right of access, modification, rectification and deletion of his personal data.

The buyer can exercise his rights by sending a letter to:

THE SOCIETY OF OLD FRIENDS

DARWIN ECOSYSTEM

87 QUAI DES QUEYRIES

33100 BORDEAUX - France

 

 

ARTICLE 14: ELECTRONIC SIGNATURE

 

The "OK" associated with the authentication and non-repudiation procedure and the protection of all messages constitutes an electronic signature. This electronic signature has the value, between the parties, of a handwritten signature.

 

 

ARTICLE 15: ABSENCE OF TACIT RENUNCIATION

 

The fact by one of the Parties, at any time whatsoever, not to exercise a prerogative which is recognized by these General Conditions of Sale, in particular not to terminate the contract of sale or to exercise this prerogative with delay, or not to require the execution of any stipulation of the General Conditions of Sale, can in no case be interpreted as an express or tacit waiver of this Party, nor to the right to exercise said prerogative to in the future, nor to its right to require the scrupulous execution of the commitments entered into by the other Party to take any action or claim it may have in relation to the non-performance of its obligations by the other Party, nor possibly his right to terminate this contract for any violation of the same or a different nature.

 

 

ARTICLE 16: INTELLECTUAL PROPERTY RIGHTS

 

Archibald brand is registered with the INPI under the number 4333273.

 

Any reproduction, imitation will be prosecuted under the offense of counterfeiting.

 

The www.archibaldtonic.com site and each of its elements (such as trademarks, domain names, texts, trees, animation software, images, photographs, illustrations, packaging, diagrams, logos, sounds and music) are the property exclusive of La Société des Vieux Copains or third parties who have duly authorized it to exploit these elements, which alone is empowered to exploit the related intellectual property rights.

 

No element of the site may be used, reproduced, disseminated or published in whole or in part without the written permission of La Société des Vieux Copains.

 

The use of all or part of the website www.archibaldtonic.com, in particular by downloading, reproduction, transmission, representation or dissemination for purposes other than for your personal and private use for non-commercial purposes is strictly prohibited.

 

 

ARTICLE 17: HYPERTEXT LINKS AND COMMENTS

 

La Société des Vieux Copains declines all responsibility (in particular editorial) regarding access to sites - and their content with a hypertext link to or on the site www.archibaldtonic.com.

 

La Société des Vieux Copains reserves the right to delete any comment published by a user and / or a buyer on the site www.archibaldtonic.com.

 

 

ARTICLE 18: ACCESS TO THE ONLINE SHOP

 

La Société des Vieux Copains reserves the right to make modifications to the Online Store and to the www.archibaldtonic.com site at any time and without notice.

 

La Société des Vieux Copains declines all responsibility in the event of interruption or inaccessibility of the site www.archibaldtonic.com, the occurrence of bugs, or any damage resulting from fraudulent acts on the part of third parties (in particular by intrusion) at from the site www.archibaldtonic.com.

 

ARTICLE 19: APPLICABLE LAW - COMPETENT JURISDICTIONS

 

These general conditions are exclusively governed by French law, to the exclusion of all other rights, arising in particular from the Vienna Convention of April 11, 1980 on the international sale of goods.

 

 

ARTICLE 20: CONTACT

 

For any question, we thank internet users and / or buyers for sending a message to La Société des Vieux Copains by filling in their request via the online contact form available on the site or directly at contact@archibaldtonic.com.

​

​

ARTICLE 21: PRICE AND DELIVERY TIME

​

Standard shipping times are on average 3-5 working days for France. It can be extended during periods of high activity or in the event of an exceptional closure. The delivery time will be a maximum of 30 days. Beyond this, the customer is entitled to claim reimbursement within 14 days of the claim.

​

Price and delivery time depending on the country:

If you need a delivery to a country that does not appear on the list,  please send us an email to  contact@archibaldtonic.com.