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Terms of sale

Last updated: 6 May 2026, Version 2.0

Preamble

These General Terms and Conditions of Sale (hereinafter the “Terms of Sale”) apply, without restriction or reservation, to all sales concluded by SAS CAPOTE2VERRE (hereinafter “the Seller” or “Capote2Verre”) with any buyer (hereinafter “the Buyer”) via the website capote2verre.com (hereinafter “the Site”).

The Seller:
SAS Capote2Verre, a simplified joint-stock company (société par actions simplifiée) with share capital of €5,000
RCS Evry 914 999 024 (Trade and Companies Register), SIRET 914 999 024 00013
Registered office: 43 rue Maryse Bastié, 91280 Saint-Pierre-du-Perray
Intra-Community VAT no.: FR01 914999024
Email: contact@capote2verre.com
Telephone: 07 45 11 47 00

The Buyer declares that they have read these Terms of Sale and accept them without reservation before placing their order. The Buyer's confirmation of the order constitutes full and unreserved acceptance of these Terms of Sale.

These Terms of Sale apply to both consumers (any natural person acting for purposes that fall outside their commercial, industrial, craft, professional or agricultural activity) and to professionals. Certain clauses are specific to each and are identified as such.

Article 1: Products

The Seller sells prevention and protection products for nightlife, cultural and urban settings: drink protection (spill-proof, anti-spiking drink covers), drug detection tests, breathalysers and related products.

The essential characteristics of the products are described on the product pages of the Site, in accordance with article L.111-1 of the French Consumer Code (Code de la consommation). The photographs illustrating the products are not contractually binding.

The products comply with the French and European legislation in force, in particular:

  • For breathalysers: decree no. 2015-775 of 29 June 2015;
  • For detection tests: strictly for information purposes, not a substitute for a reference medical or toxicological examination;
  • For drink protection products: non-medical product with a preventive purpose.

Article 2: Orders

2.1 Ordering process

The Buyer selects products on the Site, validates their basket, enters their delivery and billing details, chooses their delivery and payment methods, checks the summary and confirms their order. Confirmation of the order constitutes acceptance of these Terms of Sale, the price, the product description and the quantity, in accordance with articles 1127-1 et seq. of the French Civil Code (Code civil).

The Seller acknowledges receipt of the order by email as soon as possible. The sale is definitively concluded when the shipping confirmation email is sent.

2.2 B2B customers

For professional customers (local authorities, companies, associations), the order may be preceded by a quote issued by the Seller. The quote is valid for 60 days unless otherwise stated. Signature of the quote by an authorised representative of the Buyer, or its acceptance by a referenced purchase order, constitutes a firm order.

2.3 Refusal of orders

The Seller reserves the right to refuse or cancel any order in the event of a prior dispute with the Buyer, full or partial non-payment of a previous order, a proven risk of fraud, or lasting unavailability of the product.

Article 3: Prices

Prices are shown in euros (€), inclusive of all taxes (inc. VAT) for consumers and exclusive of tax (ex. VAT) for professionals where this is explicitly stated. Delivery costs are shown separately before final confirmation.

The Seller reserves the right to change its prices at any time. Products are invoiced at the price in force at the time the order is confirmed.

For orders outside the European Union, any customs duties, local taxes and import formalities are the sole responsibility of the Buyer.

Article 4: Payment

4.1 Accepted payment methods

  • Bank card (Visa, Mastercard, American Express) via Shopify Payments / Stripe;
  • Apple Pay and Google Pay;
  • Bank transfer (B2B only, on quote);
  • SEPA direct debit (B2B only, under special conditions).

4.2 Payment security

Card payments are processed by Stripe Payments Europe Ltd via Shopify Payments, a PCI-DSS Level 1 certified provider. No full banking data is stored by the Seller.

4.3 B2C payment terms

Payment of the full price must be made when the order is placed. Sums paid may in no circumstances be considered as deposits (arrhes) or advance payments.

4.4 B2B payment terms

Unless otherwise agreed, B2B orders are payable in full on ordering. An exception applies to public bodies (local authorities, State services, public institutions), which benefit from a payment period of 30 days from the invoice date, in accordance with article L.441-10 of the French Commercial Code (Code de commerce).

Any late payment automatically entails, without prior formal notice:

  • The application of late payment penalties equal to three times the legal interest rate in force (art. L.441-10 II of the Commercial Code);
  • A fixed recovery cost indemnity of €40 (art. D.441-5 of the Commercial Code);
  • The immediate due date of all sums still owing, whatever their original due date.

4.5 Retention of title

In accordance with article 2367 of the French Civil Code, the Seller retains ownership of the products until the price has been paid in full. Risk is transferred to the Buyer upon delivery, under the conditions set out in article 5.

Article 5: Delivery

5.1 Areas served

Mainland France, the European Union, and further areas on quote.

5.2 Lead times

Standard orders (excluding customisation) are dispatched within 3 working days from our logistics centre:

  • Mainland France: delivery within 3 working days of dispatch;
  • European Union: delivery within 5 working days of dispatch.

Customised orders (logo, made-to-measure colour, customer message) are subject to a specific lead time given at the time of the order.

In accordance with article L.216-1 of the French Consumer Code, the Seller delivers the products on the date or within the period stated, and no later than 30 days after the conclusion of the contract. In the event of failure to do so, the consumer Buyer may, after having given the Seller formal notice to deliver within an additional reasonable period and where this has had no effect, terminate the contract (art. L.216-6 of the Consumer Code). Sums paid are then refunded within 14 days of termination.

5.3 B2B delivery costs

Shipping costs for B2B orders are charged on top of the price of the products, according to the rates in force provided in the quote or shown when the order is finalised.

5.4 Transfer of risk

For B2C sales: the risk of loss or damage passes to the consumer Buyer upon physical possession of the product (art. L.216-4 of the Consumer Code).

For B2B sales: the risk passes to the Buyer as soon as the product is handed over to the carrier.

5.5 Receipt and reservations

It is the Buyer's responsibility to check the condition of the products on delivery. Any reservation must be made in writing to the carrier and to the Seller (contact@capote2verre.com) within 3 working days of delivery, in accordance with article L.133-3 of the Commercial Code.

Article 6: Right of withdrawal (B2C only)

6.1 Principle

In accordance with articles L.221-18 et seq. of the French Consumer Code, the consumer Buyer has a period of 14 days from receipt of the products to exercise their right of withdrawal, without having to give a reason or pay penalties, except for return costs, which remain at their expense.

This right of withdrawal also applies to products bought during sales or promotions.

6.2 How to exercise the right

To exercise their right of withdrawal, the Buyer must notify the Seller of their decision by an unequivocal statement (letter, email to contact@capote2verre.com) before the period expires. The full procedure, including the model withdrawal form provided for in article R.221-1, is detailed in our Returns and Refund Policy.

6.3 Exclusion: customised products

In accordance with article L.221-28, 3° of the Consumer Code, the right of withdrawal does not apply to products made to the Buyer's specifications or clearly personalised (in particular drink covers customised with a customer logo, a made-to-measure colour or a message). The Buyer is expressly informed of this exclusion at the time of ordering for the products concerned.

6.4 Exclusion: sales between professionals

The right of withdrawal provided for in articles L.221-18 et seq. of the Consumer Code does not apply to contracts concluded between professionals, unless the law provides otherwise (in particular art. L.221-3 of the Consumer Code for off-premises contracts concluded by professionals employing five employees or fewer, where the subject matter of the contract does not fall within the scope of their main activity).

Article 7: Legal guarantees

7.1 Legal guarantee of conformity (B2C)

The consumer Buyer benefits from the legal guarantee of conformity provided for in articles L.217-3 to L.217-17 of the Consumer Code, for a period of 2 years from delivery of the product. The product must match the Seller's description, have the qualities advertised and those that a buyer may legitimately expect, and be fit for the use normally expected of a similar item.

In the event of a lack of conformity, the Buyer may choose between repair or replacement of the product (art. L.217-9). If these solutions are impossible or cannot be implemented within the legal period, the Buyer may obtain a price reduction or termination of the contract (art. L.217-14).

The Buyer is exempt from having to prove that the lack of conformity existed during the 24 months following delivery of a new item.

7.2 Guarantee against hidden defects

In accordance with articles 1641 to 1649 of the French Civil Code, the Buyer may decide to invoke the guarantee against hidden defects in the item sold. In this case, they may choose between termination of the sale or a price reduction (art. 1644). The action must be brought within a period of 2 years from discovery of the defect.

7.3 Implementation

Any claim under the guarantees must be sent to: contact@capote2verre.com, together with the order number and a description of the defect, with photos if possible.

7.4 B2B guarantees

For sales between professionals, the legal guarantees of the Consumer Code do not apply. Only the guarantee against hidden defects under the Civil Code (art. 1641 et seq.) remains applicable, under the conditions of ordinary law.

Article 8: Mandatory notice (art. L.211-2 of the Consumer Code)

The consumer has a period of two years from delivery of the goods to enforce the legal guarantee of conformity if a lack of conformity appears. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared.

The legal guarantee of conformity entitles the consumer to have the goods repaired or replaced within thirty days of their request, free of charge and without major inconvenience to them.

If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee. If the consumer requests repair of the goods but the seller imposes replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.

The consumer may obtain a reduction in the purchase price while keeping the goods, or end the contract and obtain a full refund against return of the goods, if the professional refuses to repair or replace the goods, if the repair or replacement takes place after a period of thirty days, or if the lack of conformity persists despite the seller's unsuccessful attempt to bring the goods into conformity. The consumer cannot request termination of the contract if the lack of conformity is minor.

Any period during which the goods are immobilised for repair or replacement suspends the guarantee that remained to run until the repaired goods are delivered.

Independently of the legal guarantee of conformity, the consumer may decide to invoke the guarantee against hidden defects within the meaning of article 1641 of the Civil Code. In this case, they may choose between termination of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.

Article 9: Liability

9.1 B2C

The Seller cannot be held liable for any damage resulting from misuse of the products, use that does not comply with their intended purpose, or a case of force majeure.

Capote2Verre products are prevention products. Detection tests are not a substitute for a reference medical or toxicological examination; breathalysers provide an indication with no legal value and do not exempt users from complying with road safety rules.

9.2 B2B

The Seller's liability, for all causes combined, excluding gross or intentional misconduct, is limited to the total amount, ex. VAT, of the order concerned. No indirect damage (loss of business, loss of turnover, damage to reputation) is compensable.

Article 10: Force majeure

Performance of the Seller's obligations is suspended in the event of force majeure within the meaning of article 1218 of the French Civil Code. The Seller will inform the Buyer as soon as possible and agree the terms of performance or termination.

Article 11: Personal data

The processing of personal data in connection with the order is described in our Privacy Policy.

Article 12: Intellectual property

The Capote2Verre® trademark and all elements of the Site (texts, visuals, photographs, logos) are protected by intellectual property law. Any reproduction without prior written authorisation is prohibited.

Article 13: Mediation and dispute resolution

13.1 Prior complaint

Before any legal action, the Buyer is invited to contact the Seller at contact@capote2verre.com to try to reach an amicable resolution.

13.2 Consumer mediation (B2C)

In accordance with article L.616-1 of the Consumer Code, the consumer Buyer may use the following mediator free of charge:

MEDICYS, 73 boulevard de Clichy, 75009 Paris, https://www.medicys.fr

The Buyer may also use the European Online Dispute Resolution (ODR) platform: https://ec.europa.eu/consumers/odr

13.3 Governing law and jurisdiction

These Terms of Sale are governed by French law.

For B2C disputes: the consumer may bring the matter, at their choice, before the court of the place where they lived at the time the contract was concluded or the harmful event occurred, or before the court of the Seller's domicile (art. R.631-3 of the Consumer Code).

For B2B disputes: exclusive jurisdiction of the Commercial Court of Evry (Tribunal de commerce d'Evry), notwithstanding multiple defendants or third-party proceedings.

Article 14: Changes to the Terms of Sale

The Seller reserves the right to amend these Terms of Sale at any time. The Terms of Sale that apply are those in force on the day of the order.

Article 15: Acceptance

The Buyer acknowledges having read and accepted these Terms of Sale before confirming their order. The Seller's failure to apply any provision of the Terms of Sale shall not constitute a waiver.