These general terms and conditions of sale, hereinafter the “GTC”, govern the sales of products made on the website www.pur-ethanol.com.
The site and the Pur Ethanol® brand are operated by:
Établissements Joseph Nadal SAS
Trade name: Nadal Alcools
Simplified joint-stock company with share capital of €38,340
Registered office: 12 rue des Cigognes, ZAE de la Grone, 66700 Argelès-sur-Mer, France
SIREN: 614 201 077
RCS Perpignan: 614 201 077
Intra-Community VAT number: FR70 614 201 077
Telephone: 04 68 82 03 02
Email: contact@nadal-alcools.com
Hereinafter “Nadal Alcools” or the “seller”.
Any order placed on the site implies full and unreserved acceptance of these GTC in the version applicable on the date of the order.
I. SCOPE
These GTC apply exclusively to the products sold on the site www.pur-ethanol.com.
They apply to orders placed:
- by individual consumers acting for their personal needs;
- by business customers acting in the course of their activity, in particular hotels, restaurants, leisure centres, establishments open to the public, local authorities or companies.
The provisions expressly reserved for consumers do not apply to business customers.
For business customers, these GTC prevail over any general terms of purchase or any other document issued by the customer, unless Nadal Alcools has given its express prior written agreement.
II. PRODUCT CHARACTERISTICS AND INTENDED USE
The essential characteristics, capacities, pack sizes and prices of the products are shown on the online store pages.
Photographs and illustrations are provided for guidance only. Slight differences in presentation, labelling or packaging may occur without affecting the quality or essential characteristics of the product.
Pur Ethanol is an ethyl alcohol of agricultural origin, denatured and unfit for consumption. It is intended exclusively for use as a fuel in appliances, burners or fireplaces designed to run on an ethanol-based liquid fuel.
In particular, Pur Ethanol is not intended:
- for human or animal consumption;
- for preparing drinks or food products;
- for cosmetic, pharmaceutical or medical use;
- for disinfecting the skin;
- for use in an appliance not compatible with this type of fuel.
Pur Ethanol is a highly flammable liquid. The customer must read the labelling, the product safety instructions and the instructions of the appliance manufacturer before any use.
The customer is responsible for checking that the product is compatible with their equipment.
III. PRICES
The applicable prices are those displayed on the site at the time the order is confirmed.
Prices for consumers are shown in euros, inclusive of all taxes.
The invoice sent to business customers shows the price excluding tax, the applicable VAT and the price inclusive of all taxes.
Delivery charges and any additional charges are indicated to the customer before the order is finally confirmed.
Nadal Alcools may change its prices at any time. Changes do not apply to orders already confirmed.
In the event of an obvious pricing error, in particular where a price is zero, derisory or unrelated to the normal value of the product, Nadal Alcools may refuse or cancel the order. Any sums collected are then refunded.
IV. ORDERS
The customer selects the products and quantities required, checks their cart and then enters the information needed for invoicing, payment and delivery.
Before final confirmation, the customer may check the details of their order, its total price and the information provided, and correct any errors.
The customer must accept these GTC by ticking the box provided for that purpose.
Final confirmation of the order entails an obligation to pay.
The order becomes final after:
- the customer has confirmed it;
- payment has been accepted;
- Nadal Alcools has sent a confirmation email.
The customer must check that the information shown in the order confirmation is correct and report any error promptly.
Nadal Alcools may refuse an order on legitimate grounds, in particular in the event of non-payment, suspected fraud, an unresolved earlier dispute, an inaccessible address or a manifestly abnormal quantity.
V. CANCELLATION BEFORE DISPATCH
Where the status of the order allows, the customer may request its cancellation from their customer account or by contacting Nadal Alcools.
The option of cancelling an order before dispatch is a commercial facility, distinct from the statutory right of withdrawal.
Cancellation is no longer possible once the order has been prepared, handed over to the carrier or dispatched.
A request sent after dispatch is handled under the rules on the right of withdrawal set out in these GTC.
VI. AVAILABILITY
Products are offered while stocks last.
Stock indications may exceptionally fail to reflect a simultaneous sale, an inventory error or a temporarily unavailable product.
If a product becomes unavailable after the order has been confirmed, Nadal Alcools will inform the customer as soon as possible.
The customer may accept a postponed delivery or ask for the unavailable product to be cancelled and refunded.
VII. PAYMENT
The price is payable in full when the order is placed, unless special terms have been expressly granted by Nadal Alcools to a business customer.
The customer uses one of the payment methods offered on the site.
Transactions are handled by secure payment providers. Nadal Alcools does not store full bank card numbers.
Nadal Alcools may suspend or cancel an order in the event of payment refusal, a payment incident, suspected fraud or unauthorized use of a means of payment.
For business customers benefiting from deferred payment, any late payment automatically gives rise to:
- late payment penalties calculated at the interest rate applied by the European Central Bank to its most recent refinancing operation, plus ten percentage points;
- a fixed indemnity of 40 euros for recovery costs;
- reimbursement of additional recovery costs where these exceed the amount of the fixed indemnity.
VIII. RETENTION OF TITLE AND TRANSFER OF RISK
The products remain the property of Nadal Alcools until their price has been paid in full.
For consumers, the risk of loss or damage passes at the moment the customer, or a third party designated by them other than the carrier, takes physical possession of the products.
Where the consumer themselves chooses a carrier that was not proposed by Nadal Alcools, the risk passes when the products are handed over to that carrier.
For business customers, the risk passes when the products are handed over to the carrier, unless otherwise agreed in writing.
IX. DELIVERY
Products are delivered exclusively to the geographical areas offered to the customer when ordering.
Nadal Alcools does not deliver to post office boxes, automated lockers or pickup points not authorized to receive dangerous goods.
The customer must provide a complete, accurate address accessible to the carrier, together with a telephone number on which they can be reached.
The customer must report any access restriction, any specific opening hours or any unloading difficulty.
The estimated delivery date or lead time is indicated before the order is confirmed or in the confirmation sent to the customer.
Where no specific lead time has been announced, delivery takes place without undue delay and no later than thirty days after the contract is concluded.
Lead times do not run on Saturdays, Sundays and public holidays.
They may be extended in the event of traffic restrictions, weather conditions, transport disruption, an incorrect address, the recipient’s absence or an event of force majeure.
Towards a consumer, Nadal Alcools remains responsible for the proper performance of the delivery, even where it is entrusted to a carrier.
The costs of a further delivery attempt or of a reshipment made necessary by an incorrect address, the customer’s absence, an unjustified refusal or an impossibility of access may be charged to the customer.
X. RECEIPT AND DAMAGED PRODUCTS
On delivery, the customer is invited to check:
- the number of parcels;
- the external condition of the boxes;
- the condition of the cans;
- the absence of impact, crushing, leakage or traces of moisture;
- the apparent conformity of the delivery with the order.
The customer is entitled to open the outer box in order to check the condition and number of cans.
In the event of a visible anomaly, the customer is invited to write precise reservations on the carrier’s document.
The reservations must describe the nature of the damage, the number of cans concerned and whether there is any leakage. General wording such as “subject to unpacking” is not sufficient.
The customer must inform Nadal Alcools promptly, quoting their order number and providing photographs where possible:
- of the box;
- of the damaged can;
- of the transport label;
- of the label.
The absence of immediate reservations does not deprive the consumer of their statutory guarantees.
A damaged, leaking, non-conforming or defective product must not be returned by the customer without prior instructions from Nadal Alcools.
Where the anomaly is the responsibility of Nadal Alcools or of the carrier chosen by Nadal Alcools, the seller arranges and bears the cost of collecting or replacing the product.
XI. CONSUMERS’ RIGHT OF WITHDRAWAL
This article applies only to individual consumers.
Consumers have a period of fourteen days to exercise their right of withdrawal without having to give reasons for their decision.
The period runs from the day after the day on which the consumer, or a third party designated by them other than the carrier, takes physical possession of the products.
Where several products from the same order are delivered separately, the period runs from receipt of the last product.
The consumer may exercise their right of withdrawal:
- by email sent to contact@nadal-alcools.com;
- by post addressed to Établissements Joseph Nadal SAS, service clients Pur Ethanol, 12 rue des Cigognes, ZAE de la Grone, 66700 Argelès-sur-Mer;
- using the withdrawal form at the end of these GTC;
- or by any unambiguous statement expressing their wish to withdraw.
The request must make it possible to identify the customer, the order number and the products concerned.
The right of withdrawal does not constitute immediate cancellation of the order and does not automatically trigger a refund.
The statutory right of withdrawal does not apply to business customers.
XII. COLLECTION TERMS IN THE EVENT OF WITHDRAWAL
As Pur Ethanol is a highly flammable liquid subject to specific transport rules, no return may be made through La Poste, a pickup point or an ordinary carrier that is not authorized.
The consumer must contact Nadal Alcools before making any return.
Nadal Alcools provides the necessary instructions and, where required, arranges collection of the products by an authorized carrier.
The direct costs of collection and transport are borne in full by the consumer.
The amount or maximum estimate of these costs must be communicated to the consumer before the return is arranged. It depends in particular on:
- the number of cans;
- the weight and volume of the order;
- the collection address;
- the constraints applicable to the transport of dangerous goods.
Where Nadal Alcools arranges collection, the corresponding costs may be invoiced to the consumer or deducted from the refund owed to them.
The consumer must never hand a leaking, damaged or insufficiently closed can to a carrier.
XIII. CONDITION OF RETURNED CANS
Pur Ethanol products are sold in indivisible sales units:
- a complete box of two cans;
- a complete box of four cans
- or a pallet of five 20-litre cans.
When the right of withdrawal is exercised, only a complete sales unit may be collected and refunded. No partial return of a box or pallet is accepted.
In particular, the consumer may not keep, open or use one or more cans and return only the remaining cans.
To be collected, all the cans making up the sales unit must be:
- unopened and contain the full quantity of product;
- unused, not decanted and not mixed;
- undamaged;
- fitted with their original cap, correctly closed;
- fitted with an intact, unbroken tamper-evident ring;
- bearing their original label, present and legible.
The original box or pallet must also allow collection and transport under compliant, safe conditions.
Opening, using, decanting or damaging a single can prevents collection of the complete sales unit concerned.
These provisions do not apply to products damaged during delivery, not conforming to the order or affected by a defect covered by the statutory guarantees.
Opening the outer box does not prevent the cans from being collected, provided the cans themselves have remained intact and closed.
Any can whose cap has been opened or whose tamper-evident ring has been broken will not, however, be collected under the right of withdrawal.
Any can that has been opened, partly used, decanted or whose tamper-evident device has been damaged is considered to have suffered a total loss of value because of:
- the loss of any guarantee as to its contents;
- the loss of traceability and integrity;
- the impossibility of putting it back on sale;
- the risks associated with its storage and transport;
- the impossibility of guaranteeing the absence of contamination, mixing or alteration.
Consequently, no refund is made for the can concerned.
Quantities used, consumed, evaporated, decanted or mixed with another product cannot be returned or refunded.
These provisions concern only returns motivated by a change of mind.
They do not apply where a can is damaged during delivery, does not conform to the order or is affected by a defect covered by a statutory guarantee.
XIV. REFUND AFTER WITHDRAWAL
In the event of a valid withdrawal, Nadal Alcools refunds the payments received for the intact cans that can be collected.
The standard delivery charges initially invoiced are refunded under the conditions laid down by the regulations.
Additional charges resulting from the choice of a delivery method more expensive than the standard method are not refunded. Nadal Alcools may withhold the refund until the products have actually been recovered.
The refund is made using the same means of payment as that used for the order, unless another means is expressly agreed.
The direct costs of collection remain payable by the consumer and may be deducted from the amount refunded.
No refund is due for:
- an opened can;
- a can whose tamper-evident ring has been broken;
- a can that has been used or partly emptied;
- a product that has been decanted or mixed;
- packaging rendered unfit for safe transport;
- a loss of value resulting from handling beyond what is necessary to establish the nature and characteristics of the product.
XV. CONSUMERS’ STATUTORY GUARANTEES
The seller answering for the statutory guarantees is:
Établissements Joseph Nadal SAS
12 rue des Cigognes, ZAE de la Grone
66700 Argelès-sur-Mer
Email: contact@nadal-alcools.com
Telephone: 04 68 82 03 02
STATUTORY GUARANTEE OF CONFORMITY AND GUARANTEE AGAINST HIDDEN DEFECTS
Consumers have a period of two years from delivery of the goods to obtain the benefit of the statutory guarantee of conformity should a lack of conformity appear. During that period, consumers need only establish the existence of the lack of conformity, not the date on which it appeared.
Where the contract for the sale of the goods provides for the supply of digital content or a digital service on a continuous basis for more than two years, the statutory guarantee applies to that digital content or digital service throughout the period of supply provided for. During that period, consumers need only establish the existence of the lack of conformity affecting the digital content or digital service, not the date on which it appeared.
The statutory guarantee of conformity entails an obligation for the trader, where applicable, to supply all the updates needed to keep the goods in conformity.
The statutory guarantee of conformity gives consumers the right 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 statutory guarantee of conformity, the consumer benefits from a six-month extension of the original guarantee.
If the consumer asks for the goods to be repaired but the seller insists on replacing them, the statutory guarantee of conformity is renewed for a period of two years from the date the goods are replaced.
Consumers may obtain a reduction in the purchase price and keep the goods, or terminate the contract and obtain a full refund against return of the goods, if:
- the trader refuses to repair or replace the goods;
- the goods are repaired or replaced after a period of thirty days;
- repairing or replacing the goods causes major inconvenience to the consumer, in particular where the consumer definitively bears the costs of taking back or removing the non-conforming goods;
- the non-conformity of the goods persists despite an unsuccessful attempt by the seller to bring them into conformity.
Consumers are also entitled to a reduction in the price of the goods or to termination of the contract where the lack of conformity is serious enough to justify immediate action. In that case the consumer is not required to ask first for the goods to be repaired or replaced.
Consumers are not entitled to have the sale terminated where the lack of conformity is minor.
Any period during which the goods are out of use pending repair or replacement suspends the remaining guarantee period until the repaired goods are delivered.
These rights arise from articles L. 217-1 to L. 217-32 of the French Consumer Code.
A seller who obstructs in bad faith the implementation of the statutory guarantee of conformity incurs the civil fine provided for by article L. 241-5 of the French Consumer Code.
Consumers also benefit from the statutory guarantee against hidden defects provided for by articles 1641 to 1649 of the French Civil Code, for a period of two years from discovery of the defect. That guarantee gives the right to a reduction in price if the goods are kept, or to a full refund against return of the goods.
The statutory guarantee does not cover deterioration caused after delivery by opening the can, unsuitable storage, exposure to sunlight, heat or bad weather, decanting, mixing, contamination or use of the product other than as intended.
For any claim, the consumer must provide their order number, the batch number and a description of the defect found. Where the product is recognized as non-conforming or defective, Nadal Alcools arranges and bears the cost of its collection, replacement or refund in accordance with the applicable legal provisions.
XVI. USE, STORAGE AND SAFETY
The customer must use and store the product in accordance with:
- the information shown on the label;
- the safety instructions;
- the instructions of the appliance manufacturer;
- the regulations applicable at the place of use.
In particular, the customer must:
- keep the product out of reach of children;
- keep the cans closed when not in use;
- store the cans in a dry, cool, ventilated place;
- keep the product away from flames, sparks, hot surfaces and ignition sources;
- not smoke nearby;
- never pour the product into a lit or hot appliance;
- wait until the appliance has cooled completely before refilling;
- never mix Pur Ethanol with another fuel;
- not decant the product into an unsuitable container;
- observe the capacities and instructions of the appliance manufacturer.
Businesses and establishments open to the public must comply with the rules applicable to them regarding the storage of flammable liquids, fire safety, staff training and protection of the public.
XVII. LIABILITY
Nadal Alcools is liable for the conformity of the products and for the proper performance of its contractual obligations under the conditions laid down by law. Nadal Alcools cannot be held liable for damage resulting from:
- use contrary to the product’s intended purpose;
- failure to observe the labelling or safety instructions;
- use in an incompatible or defective appliance;
- filling a hot or lit appliance;
- mixing with another product;
- unsuitable decanting;
- incorrect storage;
- fault or negligence of the customer or a third party.
Nothing in these GTC limits the mandatory rights of consumers.
Towards a business customer, Nadal Alcools is liable only for direct, foreseeable and demonstrated damage resulting from a breach attributable to it.
Save in the event of gross negligence, wilful misconduct, personal injury or a mandatory provision to the contrary, the total liability of Nadal Alcools towards a business customer is limited to the pre-tax amount of the order giving rise to the damage.
XVIII. FORCE MAJEURE
Neither party may be held liable for a delay or failure to perform resulting from an event of force majeure within the meaning of article 1218 of the French Civil Code.
Performance of the obligation concerned is suspended for the duration of the impediment.
If the impediment becomes permanent or lastingly deprives the contract of its purpose, the contract may be terminated under the conditions laid down by law.
XIX. PERSONAL DATA
The personal data provided when placing an order is used to manage:
- the customer account;
- the order;
- payment;
- invoicing;
- preparation and delivery;
- claims and after-sales service;
- legal, accounting and regulatory obligations.
The processing arrangements and the customer’s rights are set out in the privacy policy available on the site.
XX. RETENTION OF ORDERS AND INVOICES
Nadal Alcools keeps invoices and accounting supporting documents for ten years, whatever the amount of the order.
For contracts concluded online with a consumer for a sum equal to or greater than 120 euros, Nadal Alcools also keeps the written record of the sale for the statutory period of ten years and guarantees access to it for any consumer who requests it.
Any access request may be sent to contact@nadal-alcools.com, stating the customer’s name and the order number concerned.
XXI. CLAIMS AND AMICABLE SETTLEMENT
Any claim must be addressed first to the customer service department:
Établissements Joseph Nadal SAS
Service clients Pur Ethanol
12 rue des Cigognes, ZAE de la Grone
66700 Argelès-sur-Mer
Email: contact@nadal-alcools.com
Telephone: 04 68 82 03 02
The claim must state the order number, the nature of the difficulty encountered and any useful supporting documents. Nadal Alcools will examine the request and seek an amicable solution where this is justified.
In accordance with the provisions of the Consumer Code regarding the mediation process for consumer disputes, if a prior written complaint submitted to Nadal Alcools does not result in a satisfactory response, the consumer may resort, free of charge, to the consumer mediation service to which Nadal Alcools is affiliated:
CM2C
49 rue de Ponthieu
75008 Paris (France)
Phone: +33 1 89 47 00 14
Website: https://www.cm2c.net/declarer-un-litige.php
Email: litiges@cm2c.net
XXII. APPLICABLE LAW AND COMPETENT COURTS
These GTC and the corresponding orders are governed by French law.
Where a consumer resides in another State, the choice of French law does not deprive them of the mandatory protective provisions applicable in their country of residence.
In the event of a dispute with a consumer, the competent courts are determined in accordance with the applicable legal rules.
Consumers may in particular bring proceedings before the court of their place of residence, under the conditions laid down by law.
FOR ANY DISPUTE BETWEEN NADAL ALCOOLS AND A BUSINESS CUSTOMER HAVING THE STATUS OF TRADER, EXPRESS AND EXCLUSIVE JURISDICTION IS GIVEN TO THE COMMERCIAL COURT OF PERPIGNAN, INCLUDING IN THE EVENT OF MULTIPLE DEFENDANTS, THIRD-PARTY PROCEEDINGS OR URGENT PROCEEDINGS.
WITHDRAWAL FORM
Please complete and return this form only if you wish to withdraw from your order.
To the attention of:
Établissements Joseph Nadal SAS
Service clients Pur Ethanol
12 rue des Cigognes, ZAE de la Grone
66700 Argelès-sur-Mer
I hereby give notice of my withdrawal from the contract for the sale of the following products:
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Order number:
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Order placed on:
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Order received on:
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Consumer’s surname and first name:
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Consumer’s address:
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Email address:
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Date:
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Signature, only if sent on paper:
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Important: no can may be returned directly through La Poste or an ordinary carrier. Nadal Alcools will provide the collection arrangements. Only intact, unused cans whose tamper-evident ring has not been broken may be collected under a withdrawal. Collection costs are payable by the consumer.