Terms and conditions of sale


ARTICLE 1 – Designation of the Seller

The Aix-en-Provence distillery
69 avenue des écoles militaires de Saint-Cyr et de Saint-Maixent,
13100 Aix-en-Provence
SIREN No.: 925 199 648
VAT No.: 07 71 28 96 61
etienne.savigny@scube-ing.com

ARTICLE 2 – Scope

These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by La distillerie d’Aix-en-Provence (the ‘Seller’) with consumers and non-professional and professional buyers (the ‘Customers or Customer’) (also referred to individually as ‘a Party’ and collectively as ‘the Parties’) wishing to purchase the products offered for sale by the Seller (‘the Products’) on the website ladistilleriedaix.com

They specify, in particular, the conditions for ordering, payment, delivery and management of any returns of Products ordered by Customers.
These General Terms and Conditions of Sale may be supplemented by special conditions, set out on the website, prior to any transaction with the Customer.

These General Terms and Conditions of Sale apply to the exclusion of all other conditions, in particular those applicable to sales in stores or through other distribution and marketing channels.
These General Terms and Conditions of Sale are systematically communicated to all Customers prior to placing an order and shall prevail, where applicable, over any other version or any other contradictory document.
They are accessible at any time on the website ladistilleriedaix.com
The Customer declares that they have read and accepted these General Terms and Conditions of Sale before placing their order. The validation of the order by the Customer constitutes acceptance without restriction or reservation of these General Terms and Conditions of Sale.
As these General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer’s purchase is the one in force on the website on the date the order is placed.

Changes to these General Terms and Conditions of Sale are binding on users of the ladistilleriedaix.com website as soon as they are posted online and cannot be applied to transactions concluded previously.

ARTICLE 3 – Products offered for sale

The Seller sells alcoholic beverages, in particular gin. The products are presented on the website with their essential characteristics. The photographs and descriptions are provided for information purposes only.

The main characteristics of the Products, including all the essential information required by the applicable regulations, in particular the specifications, illustrations and indications of the dimensions or capacity of the Products, are presented on the website ladistilleriedaix.com in the Seller’s product sheets.

The products sold comply with the regulations in force in France.

The Customer is required to read them before placing an order.

The choice and purchase of a Product are the sole responsibility of the Customer.

The photographs and graphics presented on the ladistilleriedaix.com website are not contractual and do not engage the Seller’s responsibility.

The Customer is required to refer to the description of each Product in order to ascertain its properties, essential characteristics and delivery times, as well as, in the case of continuous or periodic supply of goods, the minimum duration of the proposed contract.
The contractual information is presented in French and is confirmed at the latest when the Customer validates the order.

Product offers are subject to availability, as specified when the order is placed.

Unless proven otherwise, the data recorded in the Seller’s computer system constitutes proof of all transactions concluded with the Customer.
In accordance with the French Data Protection Act of 6 January 1978, reinforced and supplemented by the GDPR (General Data Protection Regulation) which came into force on 25 May 2018, the Customer has the right to access, rectify, oppose, erase and transfer all of their personal data at any time by writing, by post and providing proof of identity, to the Seller’s address mentioned above.

The Customer acknowledges that they have the capacity required under the regulations of the country where the order is placed to contract and purchase the Products offered on the website ladistilleriedaix.com.


ARTICLE 4 – Orders

4-1 . Placing an order

The purchase of alcoholic beverages is restricted to adults (18 years of age or older in France).

By confirming their order, the Customer certifies that they are of legal age in the country where they wish to purchase the Product.

The Seller reserves the right to request proof of identity.

It is the Customer’s responsibility to select the Products they wish to order on the website ladistilleriedaix.com, in accordance with the following terms and conditions:

  • Selecting the product and adding it to the basket
  • Confirming the basket and entering personal information
  • Choosing the delivery and payment method
  • Confirming the order with a summary.

The Customer has the opportunity to check the details of their order, its total price and correct any errors before confirming their acceptance.
It is their responsibility to check the accuracy of the order and to report or correct any errors immediately.

The Customer undertakes to provide accurate and up-to-date information when placing an order.

An order is registered on the ladistilleriedaix.com website when the Customer accepts these General Terms and Conditions of Sale by ticking the box provided for this purpose and confirms their order.
This confirmation implies acceptance of all of these General Terms and Conditions of Sale of the ladistilleriedaix.com website.

4-2. Order confirmation

The sale is only final after the Seller has sent the Customer confirmation of acceptance of the order by email, which must be sent without delay and after the Seller has received payment in full.

Any order placed, validated by the Customer and confirmed by the Seller, under the conditions and in accordance with the terms described above, on the website ladistilleriedaix.com constitutes the formation of a distance contract between the Customer and the Seller.

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.

The Customer may track the progress of their order on the website ladistilleriedaix.com.

4-3. Refusal of the order

The Seller reserves the right to refuse an order in the event of:

  • Non-compliance with these T&Cs
  • Suspicion of fraud
  • Order placed by a minor.

4-4 . Modification of the order

Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be modified.

4-5 . Cancellation of the order

Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be cancelled, except in the case of the exercise of the applicable right of withdrawal or in cases of force majeure.

ARTICLE 5 – Prices

The Products are supplied at the prices in force on the website ladistilleriedaix.com at the time the order is registered by the Seller.
Prices are expressed in Euros, excluding VAT and delivery costs.
The prices take into account any discounts that may be granted by the Seller on the website ladistilleriedaix.com.

These prices are firm and non-revisable during their period of validity, as indicated on the website ladistilleriedaix.com.
The Seller reserves the right to modify prices at any time outside this period of validity. They do not include processing, shipping, transport and delivery costs, which are invoiced as extras, under the conditions indicated on the website ladistilleriedaix.com and calculated prior to placing the order.
If the Customer requests a faster or more expensive shipping method than standard shipping, the additional processing, shipping, transport and delivery costs, as calculated prior to the Customer’s confirmation of the order, shall be borne in full by the Customer.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is issued by the Seller and given to the Customer upon delivery of the Products ordered.

Any announcement of a price reduction must indicate the price charged by the Seller before the price reduction was applied, this previous price being defined as the lowest price charged by the Seller to all Customers during the thirty days preceding the application of the price reduction.


ARTICLE 6 – Terms of payment

The Products offered by the Seller are delivered to the Customer in exchange for a price.
Any sum paid in advance of the price, deposit or down payment, shall bear interest at the legal rate at the end of a period of three months from the date of payment and until the date of delivery (Article L 214-2 of the Consumer Code).

The price is payable in full on the day the Customer places the order, the Seller dispatches the order and the Products ordered are delivered, by secure payment, in accordance with the following terms and conditions:

  • By SEPA direct debit,
  • By bank card: Carte Bancaire, Visa, MasterCard, American Express, other bank cards
  • By electronic wallet,
  • By bank transfer.

Payment by credit card is irrevocable, except in the event of fraudulent use of the card.
In this case, the Customer may request the cancellation of the payment and the refund of the corresponding sums.

ARTICLE 7 – Delivery of the Products ordered

The delivery of the Products means the transfer to the Customer of the physical possession or control of the Products ordered.
Products ordered by the Customer will be delivered in the United Kingdom and abroad within the limits of the countries and regions authorised by law.
No deliveries will be made to countries where the importation of alcohol is prohibited.
The Seller undertakes to dispatch the order three days after confirmation of the order.
Except in special cases or if one or more Products are unavailable, the Products ordered will be delivered in a single shipment.
The Seller undertakes to make every effort to deliver the products ordered by the Customer as soon as possible.
The order is entrusted to an external carrier, so the Seller cannot guarantee a fixed date of receipt of the order by the Customer.
Nevertheless, the Seller provides delivery times for information purposes only.
If the Products ordered have not been delivered within a maximum of 30 days after the indicative delivery date, for any reason other than force majeure or the Customer’s fault, the Customer may notify the Seller, under the conditions provided for in Article L 216-6 of the Consumer Code,

  • either suspend payment of all or part of the price until the Seller has fulfilled its obligations, under the conditions provided for in Articles 1219 and 1220 of the Civil Code (exception of non-performance),
  • or cancel the sale, after giving the Seller formal notice to perform within a reasonable additional period which the Seller has failed to comply with.

The cancellation may be immediate if the Seller refuses to perform or if it is clear that it will not be able to deliver the Products or if the failure to meet the delivery deadline constituted, for the Customer, an essential condition of the sale.
In the event of cancellation of the sale, the sums paid by the Customer shall be refunded to them no later than fourteen days after the date of termination of the contract, excluding any compensation or deduction.

The Seller shall not be liable for delays attributable to the carrier.

In the event of a problem (damaged package, loss), the Customer must contact the carrier and report the incident within 48 hours of receipt of the order.

Deliveries are made by an independent carrier to the address specified by the Customer when placing the order and to which the carrier has easy access.
The Customer therefore acknowledges that it is the carrier’s responsibility to make the delivery and that they have no recourse against the Seller in the event of non-delivery of the goods transported.

In the event of a specific request by the Customer concerning the packaging or transport conditions of the products ordered, duly accepted in writing by the Seller, the related costs will be subject to specific additional invoicing, subject to the Customer’s prior acceptance.

The Products are packaged in specific packaging; cardboard boxes so that the product does not suffer any impact.

ARTICLE 8 – Transfer of ownership – Transfer of risks

The transfer of ownership of the Seller’s Products to the Customer shall only take place after full payment of the price by the latter, regardless of the date of delivery of the Products.

The transfer of risks of loss and damage to the Products takes place as soon as the Products are handed over to the carrier appointed by the Seller.

Consequently, the Seller shall not be liable for any damage, loss or delay occurring after such delivery, for which the Customer shall be required to seek redress directly from the carrier in accordance with the terms set out in Article 7.

ARTICLE 9 – Right of withdrawal and return

9-1. No right of withdrawal

In accordance with article L221-18 of the French Consumer Code, the customer has a period of 14 days from receipt of the products to exercise his right of withdrawal, except for alcoholic beverages whose delivery is deferred beyond 30 days (article L221-28).

To exercise this right, the customer must inform the seller by e-mail at contact@ladistilleriedaix.com, specifying his order number.

9-2. Exceptions and return conditions

The right of withdrawal does not apply if the order concerns a pre-sale with delivery beyond 30 days.

Bottles must be returned intact, unopened and in their original packaging. Any opened or damaged product will not be reimbursed.

Return shipping costs are at the customer’s expense.

9-3. Damaged or incorrect products

In the event of a damaged product or order error, the customer has 7 days to contact customer service and obtain a refund or exchange.

ARTICLE 10 – Responsibilities and warranties

The Products sold on the ladistilleriedaix.com website comply with the regulations in force in France, and their performance is compatible with non-professional use.

The Vendor cannot be held responsible for any misuse of the products. The consumption of alcohol must be carried out in a responsible manner.

Products supplied by the Vendor are covered by law and without additional payment, independently of the right of withdrawal, in accordance with legal provisions,

  • the legal guarantee of conformity, for Products which appear to be defective, damaged or do not correspond to the order,
  • the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and rendering them unfit for use.

10-1 . Legal warranty of conformity

The Vendor undertakes to deliver goods that conform to the contractual description and to the criteria set out in Article L217-5 of the French Consumer Code.

The Seller shall be liable for any defects in conformity existing at the time of delivery of the Products and which appear within a period of two years from the date of delivery.

This warranty period applies without prejudice to articles 2224 et seq. of the French Civil Code, with prescription starting on the day the Customer becomes aware of the lack of conformity.

Defects of conformity which appear within twenty-four months, or twelve months in the case of second-hand goods, of delivery of the Products are, in the absence of proof to the contrary, presumed to have existed at the time of delivery.

In the event of lack of conformity, the Customer may demand that the Products delivered be repaired or replaced, or, failing this, that the price be reduced or the sale rescinded, in accordance with the legal conditions.


He may also suspend payment of all or part of the price or the remittance of the benefit provided for in the contract until the Vendor has fulfilled his obligations under the legal warranty of conformity, under the conditions of articles 1219 and 1220 of the French Civil Code.
It is the Customer’s responsibility to ask the Vendor to bring the Products into conformity, by choosing between repair or replacement. The goods will be brought into conformity within a period not exceeding thirty days following the Customer’s request.
The repair or replacement of the non-conforming Product includes, where applicable, its removal and return, as well as the installation of the Product brought into conformity or replaced.
Any Product brought into conformity under the legal conformity warranty benefits from a six-month extension of this warranty.
In the event of replacement of a non-conforming Product where, despite the Customer’s choice, the Vendor has not brought the Product into conformity, the replacement shall start a new legal conformity warranty period for the benefit of the Customer, from the date of delivery of the replaced Product.

If the requested compliance is impossible or involves disproportionate costs under the conditions set out in article L 217-12 of the French Consumer Code, the Vendor may refuse to comply. If the conditions laid down in article L 217-12 of the French Consumer Code are not met, the Customer may, after formal notice, pursue compulsory execution in kind of the solution initially requested, in accordance with articles 1221 et seq. of the French Civil Code.
Finally, the Customer may demand a price reduction or rescission of the sale (unless the lack of conformity is minor) in the cases provided for in article L 217-14 of the French Consumer Code.

When the lack of conformity is so serious that it justifies a reduction in price or the immediate cancellation of the sale, the Customer is not obliged to first request the repair or replacement of the non-conforming Product.
The price reduction is proportional to the difference between the value of the Product delivered and the value of this good in the absence of the lack of conformity.
In the event of cancellation of the sale, the Customer is reimbursed the price paid in return for the return of the non-conforming Products to the Vendor, at the latter’s expense.
Reimbursement will be made upon receipt of the non-conforming Product or proof of its return by the Customer, and at the latest within the following fourteen days, using the same means of payment as the one used by the Customer at the time of payment, unless the Customer expressly agrees otherwise, and in any event at no additional cost.
The foregoing provisions are without prejudice to the possible award of damages to the Customer for any loss suffered by the latter as a result of the lack of conformity.


10-2 . Legal warranty against hidden defects

The Vendor is liable for hidden defects within the framework of the legal warranty against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use.
The Customer may decide to invoke the warranty against hidden defects in the Products in accordance with article 1641 of the French Civil Code; in this case, the Customer may choose between rescission of the sale or a reduction in the sale price in accordance with article 1644 of the French Civil Code.

10-3 . Exclusion of warranties

The Vendor may not be held liable in the following cases :

  • non-compliance with the legislation of the country in which the Products are delivered, which it is the Customer’s responsibility to check before placing an order,
  • in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident or force majeure.

Box inserted in the General Terms and Conditions of Sale in application of the provisions of article D 211-2 of the French Consumer Code concerning legal warranties of conformity and latent defects:


Consumers have a period of two years from the date of delivery of the goods in which to invoke the legal warranty of conformity in the event of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity, and not the date of its appearance. Where the contract for the sale of goods provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal warranty applies to this digital content or digital service throughout the period of supply. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or service, and not the date of its appearance.
The legal warranty of conformity obliges the professional, where applicable, to provide all updates necessary to maintain the conformity of the good.
The legal warranty of conformity entitles the consumer to repair or replacement of the good within thirty days of his request, free of charge and without any major inconvenience for him.
If the good is repaired under the legal warranty of conformity, the consumer benefits from a six-month extension of the initial warranty.

If the consumer asks for the good to be repaired, but the seller requires it to be replaced, the legal warranty of conformity is renewed for a period of two years from the date of replacement of the good.
The consumer may obtain a reduction in the purchase price by keeping the good, or terminate the contract by obtaining a full refund against return of the good, if : 1° The professional refuses to repair or replace the good;2° The repair or replacement of the good occurs after a period of thirty days;3° The repair or replacement of the good causes a major inconvenience for the consumer, in particular when the consumer definitively bears the costs of taking back or removing the non-conforming good, or if he bears the costs of installing the repaired or replacement good;4° The non-conformity of the good persists despite the seller’s unsuccessful attempt to bring it into conformity.

The consumer is also entitled to a reduction in the price of the goods, or to rescission of the contract, if the lack of conformity is so serious as to justify immediate price reduction or rescission of the contract. In such cases, the consumer is not obliged to request repair or replacement of the goods beforehand. The consumer is not entitled to have the sale rescinded if the lack of conformity is minor.
Any period of immobilization of the good with a view to its repair or replacement suspends the warranty which remained in force until the delivery of the reconditioned good.
The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the French Consumer Code.
Any seller who obstructs the implementation of the legal warranty of conformity in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual sales (article L. 241-5 of the French Consumer Code).
Consumers are also covered by the legal warranty for hidden defects under articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the good is kept, or to a full refund in exchange for the return of the good.

10-4. Customer responsibility

The customer is solely responsible for the use of the products purchased. The seller cannot be held responsible in the event of alcohol abuse.

ARTICLE 11 – Protection of personal data

Pursuant to Law 78-17 of January 6, 1978, amended by Law n°2018-493 of June 20, 2018, it is recalled that the personal data requested from the Customer is necessary for the processing of his/her order and the preparation of invoices, in particular.
This data may be communicated to any of the Vendor’s partners responsible for the execution, processing, management and payment of orders.
The processing of information communicated via the ladistilleriedaix.com website complies with legal requirements for the protection of personal data, and the information system used ensures optimum protection of such data.


In accordance with national and European regulations in force, the Customer has a permanent right of access, modification, rectification, opposition, portability and limitation of the processing of information concerning him.
This right may be exercised under the terms and conditions defined on the ladistilleriedaix.com website.
The customer, noting that a violation of the general regulation on the protection of personal data has been committed, has the possibility of mandating an association or an organization mentioned in IV of article 43 ter of the 1978 law on data processing and freedom, in order to obtain against the data controller or subcontractor, compensation before a civil or administrative court or before the national commission on data processing and freedom.


ARTICLE 12 – Intellectual property

The content of the ladistilleriedaix.com website is the property of the Vendor and its partners and is protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly forbidden and may constitute an infringement of copyright.

ARTICLE 13 – Unforeseen circumstances

In the event of a change in circumstances unforeseeable at the time of conclusion of the contract, in accordance with the provisions of article 1195 of the French Civil Code, the Party which has not agreed to assume the risk of excessively onerous performance may request renegotiation of the contract from its co-contractor.

ARTICLE 14 – Force majeure

The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations as described herein is due to a case of force majeure, as defined in article 1218 of the French Civil Code.

ARTICLE 15 – Termination conditions

We remind you that, in accordance with legal provisions, termination of the contract by electronic means is possible when the contract has been concluded by electronic means or when, on the day of termination, the Vendor offers Customers the possibility of concluding contracts by electronic means.

To this end, a free function is made available to the Customer, enabling him to carry out, by electronic means, the notification and all the steps necessary to terminate the contract, receipt of which must be acknowledged by the Vendor by informing the Customer, on a durable medium and within a reasonable period of time, of the date on which the contract is terminated and the effects of the termination.

ARTICLE 16 – Applicable law – Language

These General Terms and Conditions of Sale and the transactions arising therefrom are governed by French law.

They are written in French.

In the event that they are translated into one or more languages, only the French text will be deemed authentic in the event of a dispute.

ARTICLE 17 – Disputes

All disputes arising from the purchase and sale operations concluded in application of the present general terms and conditions of sale, concerning their validity, interpretation, execution, termination, consequences and consequences, and which cannot be resolved between the Vendor and the Customer, shall be submitted to the competent courts under the conditions of common law.

The customer is hereby informed that he/she may in any event have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (C. consom. art. L 612-1) or with existing sector-specific mediation bodies, the references of which appear on the ladistilleriedaix.com website, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

The contact details and procedures for contacting the mediator are as follows:

Center de la Médiation et de la Consommation de conciliateurs de Justice

49 rue de Ponthieu – 75008 Paris
cm2c@cm2c.net
(+33)1.89.47.00.14


If the dispute must be brought before the courts, we remind you that, in accordance with article L 141-5 of the French Consumer Code, the consumer may choose, in addition to one of the courts with territorial jurisdiction under the Code of Civil Procedure, the court of the place where he or she lived at the time the contract was concluded or at the time the harmful event occurred.
You are also reminded that, in accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union.


ARTICLE 18 – Obligations relating to legislation on the consumption of alcohol

The Vendor undertakes to comply with the regulations in force concerning the sale and consumption of alcohol, in particular :

  • The prohibition on the sale of alcohol to minors, in accordance with article L.3342-1 of the French Public Health Code.
  • By placing an order, the customer certifies that he/she is of legal age and has the legal capacity to purchase alcohol.
  • The prohibition of the sale of alcohol to intoxicated persons.
  • The obligation to display the legal warning: “Alcohol abuse is dangerous for your health, consume in moderation.
  • Compliance with the provisions of the ELAN law (Evolution du Logement, de l’Aménagement et du Numérique), particularly with regard to restrictions on online advertising of alcoholic beverages.
  • Raising awareness of the dangers of alcohol for certain categories of people, in particular pregnant women and people suffering from illnesses incompatible with alcohol consumption.
  • The Customer acknowledges having been informed of these obligations and undertakes to consume the products responsibly. In case of doubt about the effects of alcohol on health, the Customer is invited to consult a health professional.


ARTICLE 19 – Pre-contractual information – Customer acceptance

The Customer acknowledges having been informed by the Vendor, in a legible and comprehensible manner, by means of the present General Terms and Conditions of Sale, prior to his immediate purchase or the placing of the order and in accordance with the provisions of article L 221-5 of the French Consumer Code:

  • on the essential characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity enabling him to acquire the Products with full knowledge of the facts, in particular with regard to their conditions of use. The photographs and graphics presented are not contractual and do not engage the responsibility of the Vendor.
    The Customer is obliged to refer to the summary description of each Product in order to know its properties and essential particularities.
  • on the price of the Products and the application of a personalized price on the basis of automated decision-making and ancillary costs or, in the absence of payment of a price, on any advantage provided instead of or in addition to the latter and on the nature of this advantage;
  • on the terms of payment, delivery and performance of the sales contract;
  • in the absence of immediate performance of the sale, on the delivery times for the Products ordered;
  • on the identity of the Seller and all its contact details;
  • on the existence and terms of implementation of guarantees (the legal guarantee of conformity, guarantee of hidden defects, any commercial guarantees) and, where applicable, on after-sales service;
  • the possibility of recourse to a consumer ombudsman, whose contact details are set out in these General Terms and Conditions of Sale, in accordance with the conditions laid down in the French Consumer Code;
  • the right of withdrawal (existence, conditions, deadline, procedures for exercising this right and standard withdrawal form), cancellation procedures, handling of complaints and other important contractual conditions and, where applicable, the costs of using distance communication technology, the existence of codes of good conduct and deposits and financial guarantees;
  • the means of payment accepted.

The fact that a Customer places an order on the ladistilleriedaix.com website implies full acceptance of these General Terms and Conditions of Sale and the obligation to pay for the Products ordered, which is expressly recognized by the Customer, who notably waives the right to invoke any contradictory document, which would be unenforceable against the Vendor.