General Conditions of Sale
Non-alcoholic Drink Tasting Services
Article 1: Purpose and Scope of Application
The purpose of these General Conditions of Sale (CGV) is to define the conditions under which The Sober Dandy / Sanzalc (hereinafter referred to as "the Service Provider") provides its clients (hereinafter referred to as "the Client"), who act as professionals, with its non-alcoholic beverage tasting services, in particular during corporate events, seminars, receptions, or any other private or public event (hereinafter referred to as "the Services").
Any order for Services implies the Customer's full and complete acceptance of these General Terms and Conditions, which take precedence over all other conditions, unless expressly waived in writing by the Service Provider.
Article 2: Quote and Order
2.1. Establishment of the Quote: Any quote is established free of charge by the Service Provider on the basis of the information communicated by the Client (date, location, nature of the event, estimated number of participants, types and quantities of drinks desired, additional services, etc.). The quote is valid for a period of 15 calendar days from its date of issue.
2.2. Nature of Quantities and Service Formulas: The Services can be offered according to the following formulas, specified in the quote:
a. “Fixed Quantities” Formula (Purchase of Bottles):
The quantities of drinks (bottles, prepared cocktails) specified on the quote are firm and definitive upon acceptance of the quote. They are established to meet the needs expressed by the Client for the event. The number of participants indicated by the Client is provided for purely indicative purposes and in no way commits the Service Provider to consumption per person. Billing will be based on the quantities ordered and prepared, not on the actual number of guests or actual consumption. Any bottle opened or started during the event is considered consumed and chargeable, even if it has not been completely drunk.
b. “Package per Person” Formula (Number of Glasses/Cocktails per Guest):
The quote will define a precise number of glasses or cocktails per participant. Billing will be based on the number of participants confirmed by the Client 72 hours before the event or, in the absence of confirmation, on the highest estimated number indicated in the quote. Any consumption exceeding the number of glasses/cocktails defined per participant will be billed additionally at the unit rate specified in the quote or failing that, at the Service Provider's current rate. The Service Provider will respect the counting system given by the Customer (e.g.: coupons, brands, or manual counting) to ensure consumption monitoring. The Client undertakes to fully collaborate in this counting and to accept the results.
2.3. Acceptance of the Order: The order is deemed firm and final only after the handwritten signature or electronic acceptance of the quote by the Customer. The payment of a deposit of 30% of the total amount of the quote, as specified in Article 3. Any acceptance of the quote by the Customer implies unreserved acceptance of these General Terms and Conditions.
2.4. Order Changes: Any request for modification of the Services by the Client (quantities, times, location, additional services) after acceptance of the quote must be made in writing and will be subject to the express agreement of the Service Provider. If agreed, a new quote or amendment may be established, potentially leading to a price adjustment and delays. Any reduction in quantities or in the number of glasses/cocktails per person after acceptance of the quote will not result in a downward adjustment to the billing.
Article 3: Financial Conditions and Payment
3.1. Price: Prices are established in euros, excluding taxes (HT), and are subject to VAT in force on the day of invoicing. They include the Services as detailed in the quote (products, preparation, provision of specific equipment, logistics, labor).
3.2. Deposit: A deposit of 30% of the total amount of the quote is due upon signing the quote. Payment of this deposit constitutes formal acceptance of these General Terms and Conditions and the quote. In the event of cancellation by the Client, this deposit will remain with the Service Provider as compensation, without prejudice to the application of Article 5.
3.3. Billing and Balance: A balance invoice will be issued by the Service Provider at the end of the event or service. The balance of the invoice is payable upon receipt of the invoice, net of any discount or discount.
3.4. Payment Terms: Payment is made by bank transfer or credit card.
3.5. Late Payment: In the event of failure to pay on the due date, the Service Provider reserves the right to apply: late penalties calculated at a rate equal to three times the legal interest rate in force, from the day following the payment date appearing on the invoice until the day of actual payment. A fixed compensation for recovery costs of €40, in accordance with articles L.441-10 and D.441-5 of the Commercial Code. In addition, any late payment will result in the immediate payment of all sums remaining due, without prior notice, and the suspension of all current or future Services.
Article 4: Provision of Services
4.1. Obligation of Means: The Service Provider undertakes to implement all means necessary for the proper execution of the Services ordered, in accordance with the rules of the art and customs of the profession.
4.2. Preparation of Products: The bottles of non-alcoholic drinks (wines, spirits, etc.) ordered will be prepared, in particular by decanting if necessary, before or during the event in order to ensure optimal tasting quality. Any bottle opened or started during the event is considered consumed and will not be subject to any refund, resumption or adjustment of billing, even if it has not been completely drunk. They are then unfit for resale.
4.3. Provision of Non-Consumed Products: Products (closed bottles, unprepared cocktails) which have not been opened or used during the event remain the property of the Client and may be recovered by the latter at the end of the service, unless otherwise agreed in advance. The Service Provider declines all responsibility for the conservation, quality or recovery of unconsumed products after the departure of its team from the event.
4.4. Consumption Management and Customer Responsibility:
For the “Fixed Quantities” Formula: The Client is entirely responsible for managing the consumption of drinks by its participants. The Service Provider cannot be held responsible for over- or under-consumption compared to the Client's initial forecasts.
For the “Package per Person” Formula: The Service Provider will implement the metering system recommended by the Customer to monitor consumption. The Client undertakes to appoint a representative on site to validate the count if necessary and to inform its participants of the distribution methods. Any consumption exceeding the package will be billed additionally to the Customer. The Service Provider cannot be held responsible for poor management of distribution by the Client or its participants.
4.5. Access and Conditions of Service: The Client undertakes to provide the Service Provider with safe and suitable access to the event location, with the necessary electrical connections, sufficient preparation space, and adequate temperature conditions for the proper conservation of the products. Any delay or impossibility of carrying out the Services due to non-compliant conditions attributable to the Client cannot incur the liability of the Service Provider.
4.6. Counting of Products / Glasses:
For the “Fixed Quantities” Formula: The Service Provider may carry out an inventory of the quantities of products made available and the remaining products in the presence of a representative of the Client at the start and end of the service. In the absence of such contradictory counting or immediate dispute by the Customer at the end of the event, the quantities invoiced will be those appearing on the accepted quote.
For the “Package per Person” Formula: A consumption statement will be carried out by the Service Provider. This statement will be submitted for validation by the representative designated by the Client at the end of the event. In the absence of validation or immediate and reasoned dispute, the Service Provider's statement will be taken as proof for the billing of additional consumption.
Article 5: Cancellation and Force Majeure
5.1. Cancellation by the Customer: Any cancellation of an order by the Customer must be notified in writing (e-mail with acknowledgment of receipt or registered letter with acknowledgment of receipt). The following cancellation fees will be applied:
- More than 30 days before the event date: The 30% deposit is kept by the Service Provider.
- Between 30 and 15 days before the event date: 40% of the total quote amount will be due.
- Less than 15 days before the event date: 60% of the total quote amount will be due.
- Less than 72 hours before the event date: 100% of the total amount of the quote will be due, taking into account the costs incurred, the products supplied and the impossibility of repositioning the date.
5.2. Cancellation by the Service Provider: If it is impossible to perform the Service due to a case of force majeure (natural disaster, unforeseeable major breakdown, serious accident, etc.) or an event beyond its control, the Service Provider will inform the Client as soon as possible. Amounts already paid by the Customer will be fully refunded, without any other compensation being claimed.
Article 6: Liability and Insurance
6.1. Responsibility of the Service Provider: The Service Provider may only be held liable in the event of proven fault in the performance of its Services. The Service Provider cannot be held responsible for indirect damage suffered by the Client or participants, such as operating losses, commercial damage, etc. In any event, the Service Provider's liability will be limited to the amount of sums actually collected for the Service concerned.
6.2. Customer Responsibility: The Client is solely responsible for the general organization of his event, the safety of the participants, and any damage caused by the participants or by the event location to the Service Provider's equipment.
6.3. Insurance: The Service Provider declares that it holds professional liability insurance covering the risks linked to its activity. The Client is invited to check that his own insurance contract (organizer civil liability) covers the risks linked to the organization of the event.
Article 7: Intellectual Property
The Service Provider retains the intellectual property of its concepts, cocktail recipes, visuals and any other element created for the Service. Any reproduction or use without authorization is strictly prohibited.
Article 8: Protection of Personal Data
In accordance with the General Data Protection Regulation (GDPR), the Service Provider undertakes to treat the Customer's personal data with the greatest confidentiality and to use them only within the framework of the management of the order and the commercial relationship. The Customer has a right of access, rectification, portability and deletion of his data.
Article 9: Applicable Law and Disputes
9.1. Applicable Law: These General Terms and Conditions and all operations resulting from them are governed by the French law.
9.2. Disputes: In the event of a dispute relating to the interpretation or execution of these General Terms and Conditions, the parties undertake to seek an amicable solution. In the absence of an amicable agreement, only the courts of Douai or Lille will have jurisdiction, even in the event of multiple defendants or warranty claims.