LEGAL NOTICE
REFUND POLICY:
Our policy lasts 30 days.
To be eligible for a return, your item must be unused, unopened, undamaged and in the same condition as when you received it.
If more than 30 days have passed since your purchase, we unfortunately cannot offer you a refund or exchange.
PRIVACY POLICY
GDPR - Privacy Policy
Because our relationship is based on trust, we wish to transparently inform you of how we protect your personal data.
We are committed to complying with the General Data Protection Regulation (GDPR) of April 14, 2016 (applicable as of May 25, 2018) and the Data Protection Act of January 6, 1978 as amended.
We invite you to regularly review this page, as our privacy policy may be modified or supplemented, in particular to comply with any legislative, regulatory, case law or technological developments.
ARTICLE 1. COOKIE POLICY
The website uses "cookie" techniques to process statistics and traffic information, facilitate navigation and improve the service for user comfort.
A cookie is a small block of data sent to your browser by a web server and stored on your computer's hard drive. These cookies are retained for a maximum of 13 months.
To fully use the website, you must accept cookies. However, if you do not consent to this, you can easily disable them via your Internet browser options.
ARTICLE 2. YOUR PERSONAL DATA
2.1. Data Collected
Upon registration, several types of information are collected if you are registered as a teacher: your first name, last name, email address, teaching level, subject, and school establishment.
Registration as a student does not require personal information.
2.2. Purposes of Processing
This data is collected:
- to allow you to access your account and enjoy the platform: your email address and password allow you to access your personal space and create shareable documents with your students;
- to allow us to improve our website, products and services so they better match your usage;
- to inform you of our various educational tools (newsletter);
- to allow you to be contacted by us or other platform users.
2.3. Recipient
Only Drink Beverage SAS, the publisher of the drink-water.com website, receives your personal information. This information is never transmitted to a third party. Drink Beverages SAS does not commercialize personal data from platform users.
2.4. Data Retention Period
Your personal information is retained by Drink Beverages SAS for a period corresponding to the purpose of collection as indicated above. This period cannot exceed 3 years after your last use of the platform.
2.5. Your Rights Regarding Your Personal Data
In all cases and in accordance with Articles 15 to 21 of the GDPR of April 27, 2016, which entered into force on May 25, 2018, you have the right to access, rectify, erase, restrict, port and object to this data, which you can exercise by writing to the following address:
- by writing to contact@drink-waters.com
- by sending a registered letter with acknowledgment of receipt to: Drink Beverages SAS, 28 rue Diderot 92000 Nanterre.
A response will be sent to you as soon as possible and in any case within one month of receipt of your request.
ARTICLE 3. SECURITY MEASURES
We recommend that you do not disclose your password to anyone.
In the event of a personal data breach, the Data Controller shall notify the breach to the CNIL no later than 72 hours after becoming aware of it.
In the event of a personal data breach likely to result in a high risk to the rights and freedoms of a natural person, the Data Controller shall communicate the breach to the person concerned as soon as possible.
SHIPPING POLICY
Drink Waters ships your items as soon as possible, but not always on the same day as your order. Generally, please allow 1 to 3 business days for processing. Orders are not shipped or delivered on weekends or public holidays. If we experience a high volume of orders, shipments may be delayed by a few days. Additionally, please allow a few extra days for delivery. If you have questions about the processing time for a specific item or order, please contact us at contact@drink-waters.com
TERMS AND CONDITIONS OF SALE:
Any disputes will be governed by French law.
Terms and Conditions of Sale of Drink Beverages SAS
SIRET: 88204609700011 - Registered Office: 28 rue Diderot 92000 Nanterre - France
Article 1: Prevention
The Drink Waters Online Store is exclusively reserved for persons aged 18 and over.
Article 2: The Online Store
The Drink Waters Online Store is accessible at www.drink-waters.com
The commercial offer of DRINK WATERS covers all products presented in the Online Store catalog.
The Online Store specifies the essential characteristics of each product, its price, the amount of delivery fees and delivery terms.
TERMS AND CONDITIONS OF SALE - PROFESSIONAL PORTAL:
Drink Waters Terms and Conditions of Sale 2022
These terms and conditions of sale cancel and replace all previous terms and conditions of sale
(Applicable as of January 1, 2022)
Article 1 – Subject Matter and Scope of Application:
The acceptance of an order by DRINK BEVERAGES implies the unreserved acceptance of the following terms and conditions of sale. Consequently, any other condition required by the Customer will not be accepted by DRINK BEVERAGES except by written confirmation and regardless of any contrary provisions that may appear in a document from one of our customers. The fact that our Company does not rely, at any given time, on any of these terms and conditions of sale cannot be interpreted by the customer as a waiver by DRINK BEVERAGES to rely on these conditions later. The terms and conditions of sale apply to customers delivered and invoiced in France, excluding Corsica and overseas departments and territories. The sale is concluded by the acceptance of the order.
Article 2 - Orders and Deliveries:
2.1. Modification
Orders submitted to our company are irrevocable, except by written acceptance on our part. Any order must specify at minimum the product, quantities, and delivery timeframes in a firm manner.
The company DRINK BEVERAGES reserves the right to refuse or reduce any order whose volume is abnormally high compared to orders delivered to the same customer for the same month of the previous year, taking into account seasonality, sales performance of said customer, and market context.
2.1. b) Special Orders:
Special orders are understood to be promotional orders, product launch orders, or seasonal orders.
Any special order is subject to the following provisions:
The supply for the sale of our products shall not exceed 2 months of sales (based on 12 active months) or forecasts, unless prior written agreement from our company.
2.2 Order Variation
In the event of an upward variation of orders beyond 5% of the initial order, the company DRINK BEVERAGES will do its best to meet the customer's request; however, the customer is exposed to the risk of supply shortage without being able to apply penalties or request compensation from its supplier.
2.3 Deliveries
2.3. a) Our products are delivered exclusively in the packaging chosen by our Company, which are an integral part of the products. Ordered quantities can only be a multiple of packages.
2.3.b) Deliveries are made free of freight and packaging for any delivery in mainland France for a minimum of one pallet of the same product. For any delivery below this threshold, the delivery cost will be borne by the customer.
2.3.c) Delivery is made once the products have been accepted by the Customer in principle or by delivery of the product to a designated agent, carrier or any other party on behalf of the buyer.
2.3.d) In the event of product unavailability, DRINK BEVERAGES reserves the right to make a partial delivery. Unless expressly agreed otherwise between DRINK BEVERAGES and the Customer, any remaining items are not managed by our Company and require a new order from the Customer. Under these conditions, no penalty will be due by DRINK BEVERAGES in case of partial delivery of the order.
2.4 Timeframe
Delivery times are a minimum of 7 business days from the date of receipt of the order. This timeframe may be extended to 10 business days for any special order. Orders must be placed before 11 AM, with J+5 being the business day of goods delivery; for information, Saturday is considered a non-business day.
The delivery times indicated on the order form are indicative only, without guarantee or responsibility for our Company. They cannot result in any termination, penalties or damages.
Our company endeavors to respect the delivery times agreed upon at the acceptance of the order and to execute orders, except in cases of force majeure or circumstances beyond its control, such as strikes, frost, fire, storm, flood, pandemic.
No defect or delay can give rise to any compensation or justify an order cancellation.
2.5 Transport
The transfer of risk of goods occurs upon presentation at the customer's dock. The unloading of goods will be carried out by the recipient and at their responsibility. Any excessive immobilization imposed by the customer on the carrier by comparison to the dates and times of unloading shown in the transport document or delivery slip may result in penalty fees. In case of non-return of pallets, DRINK BEVERAGES may invoice the cost of the pallet.
2.6 Receipt
It is the customer's responsibility to verify the quality and quantity of goods against the order and to record all reservations on the delivery slip or transport receipt and transmit it to our company within 24 hours.
Only the discovery of a visible defect or shortage will result in our company managing the return of goods. Only the carrier chosen by our company is authorized to return the products concerned, and only upon our order.
Article 3 - Pricing - Price:
3.1 Pricing
In accordance with Article 441-7-3 of the French Commercial Code, this general pricing and the price agreed between the parties shall apply at the latest on March 1 of the current year.
Our pricing applies to all our customers on the same date. Any price modification will be automatically applicable on the date indicated on the new pricing. Our pricing includes the eco-packaging contribution; as this is a tax, any variation of this contribution will be automatically applicable without any possible objection.
3.2 Price
Prices invoiced are those of the pricing in effect on the delivery date, even for orders registered prior to the effective date of this pricing. They are understood to include all taxes except VAT and include the eco-packaging contribution revalued with discounts on tariff base applied on invoice.
3.3 Resale Terms
The customer is solely responsible for the consumer selling prices practiced. The customer also agrees to pass on to consumers all possible promotions granted by our company in their entirety.
Article 4 - Payment Terms:
4.1 Payment
Our invoices, issued in Euros, are payable in Euros at 30 days end of decade from the delivery date at the location and date specified by the seller on the invoice.
Payment is made either by draft, check, transfer or commercial transfer (VCOM). Checks must reach DRINK BEVERAGES at least three days before the invoice due date. The transfer must reach the DRINK BEVERAGES account on the due date. Drafts must be returned to us accepted within 15 days of the invoice date.
Non-payment at maturity, regardless of payment method, results in the invoicing of interest calculated at the legal rate in force increased by 50% - all other rights reserved -, the immediate and by operation of law exigibility of the amount of other unpaid invoices, the possible suspension of deliveries until payment is regularized, advance or cash payment for subsequent deliveries.
No discount will be granted for advance payment.
FIRST ORDER. Any first order will be executed on a cash payment basis.
4.2 Non-Payment
Any unpaid amount at maturity will result in the customer paying penalties set at three times the legal interest rate, in application of Article L. 441-6 (amended by the LME of 04/08/2008) of the Commercial Code; these penalties are due by operation of law on the day following the payment date on the invoice. Finally, our company reserves the right to seize the competent court so that it may stop this non-performance under a daily penalty for each day of delay.
4.3 Penalties (Self-Deduction)
Any self-deduction engages the responsibility of its author and obliges them to repair the damage caused; the act of refusing or returning goods or unilaterally reducing the amount of the invoice issued by the supplier by penalties, commercial cooperation or discounts corresponding to failure to meet a delivery date or non-conformity of goods, when the debt is not certain, liquid and due, without even the supplier being able to verify the reality of the corresponding grievance.
4.4 Lump-sum Recovery Fees
Article L. 441-6 para. 12 C. com. in force as of January 1, 2013 provides for a lump-sum indemnity for recovery fees of €40 due by operation of law and without prior notice in case of payment delay.
As such, any delay in payment of our invoices at maturity will automatically result in a lump-sum recovery indemnity of €40 per invoice, in accordance with the law relating to the simplification of law and reduction of administrative procedures.
We reserve the right to request additional compensation if the recovery fees actually incurred exceed this amount, upon presentation of supporting documents. This clause supplements what is currently in effect.
Article 5 - Storage Terms:
The transfer of custody of goods entails the transfer of storage obligations described below:
- Goods will be stored in healthy, closed, temperature-controlled, ventilated warehouses, protected from light, dust, water damage, inclement weather, and frost.
- They must not be stored near other strong-smelling products such as detergents, tires, fuels, etc.
- Storage organization will enable products to be managed according to the first-in, first-out rule.
Article 6 - Packaging:
Packaging rented from a service provider remains the property of the service provider. The customer is solely responsible for the return of rented packaging to the service provider. Where applicable, the customer will be subject to payment of penalties applied by the service provider.
Article 7 - Promotions and Promotional Materials:
7.1 Promotions will be provided within the limits of available stock, subject to a firm order of the requested quantities, confirmed by our Company 8 weeks before the requested delivery date.
7.2 Display materials or information or advertising materials provided free of charge to customers are the property of our Company. They can only be used for the presentation of products delivered by DRINK BEVERAGES. Our Company reserves the right to withdraw them. They may only be destroyed by the customer after authorization from our Company.
Article 8 - Retention of Title:
Goods sold remain our property until full payment of the price. The remittance of bills of exchange or other documents creating an obligation to pay does not constitute payment. The customer is authorized, within the framework of their normal operations, unless they are in a state of cessation of payment, to resell delivered goods, provided they settle the corresponding amounts with the seller; but they cannot in any case pledge them or transfer ownership as a guarantee. In case of seizure or any other intervention by a third party, the customer must notify us immediately.
Article 9 - Intellectual Property:
Any representation, integral or partial reproduction of our brands, products and other advertising materials is prohibited without written consent of our company.
Article 10 – Personal Data
Our customer acknowledges and accepts being solely responsible for all personal data as a "data controller" in accordance with European regulations on personal data protection. Insofar as personal data is stored and processed under the contract, DRINK BEVERAGES must comply with your instructions as a "data processor" in accordance with European regulations on personal data protection. Your instructions that exceed the scope and execution of the service will be carried out at your expense and subject to the technical and organizational feasibility by DRINK BEVERAGES. In the event that your instructions contravene personal data protection regulations, DRINK BEVERAGES will inform you as soon as possible following discovery of this potential non-compliance.
Our customer guarantees that no legal requirement incumbent upon them prevents DRINK BEVERAGES from fulfilling its own contractual obligations under the Contract and applicable Laws; this includes, in particular, that the persons concerned have given their consent to the processing of their personal data, when such consent is required by law. DRINK BEVERAGES commits to using all appropriate means to ensure that access to personal data collected for your account is limited to DRINK BEVERAGES employees and/or subcontractors who need to access it in the context of Service execution and only to the data strictly necessary for the execution of DRINK BEVERAGES employee duties in the context of Service execution. DRINK BEVERAGES further ensures that persons authorized to process personal data expressly commit to maintaining the confidentiality of this data or are subject to a legal confidentiality obligation. DRINK BEVERAGES commits to providing you with all necessary information to enable you to fulfill your obligations as a data controller.
LEGAL NOTICE:
Products are described by the information contained in the technical data sheets.
Information contained in DRINK WATERS catalogs, brochures, advertisements, notices or other documents is provided for informational purposes only and does not commit DRINK WATERS, which may modify it at any time.
Product sheet photographs are provided for illustration purposes only; the product may differ from what is displayed. Information provided by photographs does not commit DRINK WATERS, which may modify it at any time.
DRINK WATERS reserves the right to correct any accidental material error or omission in these Terms, as well as in any other contractual document.
CITEO: FR356493_01WKGT