General Terms of Sale
The present General Terms of Sale determine the terms and conditions under which Frogpubs sells you, through its website, a selection of beverages, either alcoholic or not, and food (hereinafter referred to as the “Product(s)”), which may be drunk and eaten by a third party (hereinafter referred to as the “Beneficiary”) in one of Frogpubs’ bars.
Each time you order a Product on the website, you must have read the present terms and accept them unconditionally, knowing that Frogpubs may modify them from time to time.
1. Online order process
Frogpubs’ website allows you to select the Products you want to order, to check the details and total price of your order, to correct, if necessary, your order online and to confirm it. Only after effective online bank card payment of the total price, your order will be validly registered and shall be deemed final. Frogpubs will then send you an e-mail confirming your order, which you shall keep in case of a future claim. At the end of the ordering process, the Beneficiary of the order will receive an SMS for each Product with a code to be used within a maximum one (1) month period following its receipt, in one of Frogpubs’ bars listed on the website. This code will allow the Beneficiary to receive and consume one Product in the Frogpubs’ bars, subject to availability. The code for receipt of the Product is personal and non-transferable, and may only be used once. The Beneficiary shall check the Product and express possible reserves when using this code.
Suppression or loss, even incidental, of the code, as well as exceeding the one (1) month use deadline, shall give no right to refund or indemnity.
2. Financial terms
All prices are in Euros (€) (VAT included) and include the expenses for sending the SMS necessary for the execution of the order, but exclude notably the costs of receipt of the SMS and the travelling expenses to go to one of Frogpubs’ bars. Online payment is operated on the website of a service provider appointed for such purpose. You will be sent an invoice by mail when the order is confirmed.
3. Personal data
Personal data which you communicate are processed, under Frogpubs’ liability, and allows meeting the order and possibly sending you commercial offers.
Such data may, if necessary, be sent outside the European Union to the providers necessary for the execution of the order. The online payment provider collects the necessary information directly from you and is solely liable for the bank data file.
At any time you may exercise your access, rectification and opposition right regarding your personal data and account password by directly logging into your Frogpubs account, being specified that the access and administration of your account is under your sole liability.
4. Protection of minors and alcohol abuse
Selling alcohol to anyone under sixteen (16) years of age is forbidden pursuant to article L. 3342-1 of the French Public health code. You hereby certify that, on the day of the order of wine or beer, you are over sixteen (16) years of age and that the Beneficiary of the Product is also over sixteen (16) years of age. For any order of an alcoholic beverage other than wine or beer, you hereby certify that, on the day of that order, you are over eighteen (18) years of age and that the Beneficiary of the Product is also over eighteen (18) years of age.
You should be reminded that alcohol abuse is hazardous for health, and that alcoholic beverages should be drunk in moderation. You should also be reminded that it is forbidden to Frogpubs to give alcohol or to let in its bar any obviously drunken person.
5. Claims related to the order
If the Beneficiary of the order does not receive the code by SMS, you should then send an e-mail to Frogpubs to « textopint@frogubs.com » and attach the order confirmation which you were sent after you placed the order. In that case, Frogpubs may, at its option, either refund you or allow you to benefit from the Products by any means.
In accordance with French Consumer code, the sale of the Products implying a possibility of almost immediate consumption, no withdrawal right may be exercised.
6. Liability
You shall be exclusively liable for:
- providing valid and accurate information, notably regarding the Beneficiary’s details, so that Frogpubs can meet your order;
- writing the message sent along with the code to the Beneficiary in accordance with the applicable laws and regulations, public order and morals.
Frogpubs does not warrant the access, as well as the total and uninterrupted availability of its website.
Furthermore, Frogpubs may under no circumstance be held liable for possible indirect damages, whether foreseeable or known in advance, which you or the Beneficiary might claim. Frogpubs’ liability may never exceed the amount of the ordered Product effectively paid and at the origin of the claim. No action may be filed after one (1) month following the event initiating the action.
7. General provisions
The present General Terms of Sale constitute the entire agreement between you and Frogpubs regarding the order of Products. Should any provision be held null and void or non applicable, all the other provisions shall remain in force.
These General Terms are governed by the laws of France.
IF NO AGREEMENT IS REACHED WITHIN THIRTY (30) DAYS FROM THE NOTIFICATION DATE OF AN EXISTING DISAGREEMENT, ANY DISPUTE OR LITIGATION ARISING OUT OF THE CONCLUSION, INTERPRETATION, EXECUTION OR TERMINATION OF THESE GENERAL TERMS SHALL BE EXAMINED BY THE COURTS OF PARIS HAVING EXCLUSIVE JURISDICTION OVER THE MATTER, INCLUDING IN THE EVENT OF A SUMMARY PROCEEDING, JOINT DEFENDANTS OR THIRD PARTY INVOLVEMENT.
FROGPUBS – 6, cité du petit Thouars, 75003 Paris
SA au capital social de 1.065.600 euros
RCS Paris B 390 688 612
N° de TVA intracommunautaire FR 07390788612