The purchaser is defined below as the company or person signing and accepting these conditions of sale. The buyer acknowledges having the capacity to contract under the conditions described below.

Article 1 - GENERAL

The purchaser acknowledges that he/she has read these terms and conditions before placing the order. The general terms and conditions of sale apply exclusively to all sales concluded for the products of NEW DRINK SYSTEM, both on its own behalf and on behalf of its principals. All other conditions are binding on the seller only after written confirmation from the seller. The mere fact of placing an order or accepting an offer from the seller implies unreserved acceptance of these general terms and conditions. Any terms and conditions of the buyer that are not in accordance with our general terms and conditions will be rejected unless we have expressly acknowledged their applicability in writing beforehand. These terms and conditions may be modified at any time and without prior notice by NEW DRINK SYSTEM, in which case the modifications will apply to all subsequent orders.

Article 2 - ORDERS

Orders are effective from the date of receipt of payment. NEW DRINK SYSTEM undertakes to deliver to the purchaser as soon as possible. The purchaser will be delivered according to the delivery times indicated on the http://newdrinksystem.fr/ website, except in exceptional circumstances (strikes, health crises, etc.). However, delivery times may be longer depending on the type of product or the time of year, which the purchaser understands and accepts.

Article 3 - PRICES

The seller's price list does not constitute a deed of sale. It may be modified unilaterally by the customer without prior notice. Goods are invoiced at the price agreed within the limit of the option period and the general economic conditions (taxes, exchange rates, etc.) at the time of delivery. All prices indicated on the seller's website are net prices in euros, inclusive of all taxes, excluding transport costs, which will be indicated before the buyer registers the order. Prices may be subject to promotions, sales and other price reductions. Similarly, sponsorship and loyalty programmes may modify the price of an item. In relation to these programmes, it should be noted that private payment links, created solely for you, cannot give rise to discounts.

Article 4 - PAYMENT

All orders are payable in Euros. Payment of the full price must be made at the time the order is placed by the purchaser. At no time may the sums paid be considered as a deposit or advance. To pay for the order, the buyer has two possible means of payment: credit card or payment in several instalments by credit card. Cash on delivery is not accepted.

The purchaser guarantees NEW DRINK SYSTEM that he/she has the necessary authorisations to use the method of payment he/she has chosen when registering the order form. NEW DRINK SYSTEM reserves the right to suspend or cancel any order and/or delivery, whatever their nature and level of execution, in the event of non-payment of any sum due by the purchaser or in the event of a payment incident. NEW DRINK SYSTEM reserves the right to request a photocopy of the purchaser's identity card and/or proof of address for any order. As part of the fight against Internet fraud, the information relating to your order may be checked for verification.

Details of the methods of payment accepted are :

· Credit card. Instant debit from the buyer's account when the order is placed.

· Facilitating your payments via ALMA

How does it work?

By Visa or Mastercard, pay in 2 or 3 instalments free of charge thanks to Alma, who will pay the order in instalments according to the following information :

· 1st instalment, on the day of your order : 1/3 of the amount in the basket

· 2nd instalment : 30 days after your order of 1/3 of the amount in the basket

· 3rd instalment : 60 days after your order of 1/3 of the amount in the basket

What conditions need to be met in order to be entitled to pay in 2 or 3 instalments free of charge by bank card ?

· you must live in mainland France ;

· the value of your basket must be between €50 and €8000 ;

· you must be of legal age ;

· payment must be made using a Visa or Mastercard bank card (excluding Electron, Maestro, e-CB and pre-paid CB cards) ;

· your bank card must be valid within 90 days of your first expiry date ;

· you must electronically sign by double-clicking a credit agreement that is less than 90 days old, for which you have a withdrawal period of 14 calendar days from the date on which the agreement was concluded ;

This ‘Fractional payment by credit card’ solution is offered when you choose payment. You will then be directed to the ALMA service where you can read their Terms and Conditions. All this before proceeding with the Fractional Payment by Credit Card.

Financing is provided by Alma, a simplified joint stock company with capital of 370,307.87 euros (RCS Nanterre 839 100 575), 176 Avenue Charles De Gaulle, 92200 Neuilly-Sur Seine, approved by the ACPR under no. 90786 - Contact: support@getalma.eu

If you have any questions about how this works, please consult the FAQ :

https://support.getalma.eu/hc/fr/categories/360001414839-Consommateur

Article 5 - CHOICE OF ITEMS

The buyer, having familiarised himself/herself with the characteristics of the products marketed by NEW DRINK SYSTEM, has, under his/her sole responsibility and according to his/her needs, made his/her choice of the product(s) which are the subject of his/her order. In the event of unavailability, and without calling into question what is indicated in article 2, NEW DRINK SYSTEM may supply a good or service of equivalent quality and price.

Article 6 - LEGAL GUARANTEE

All products sold on the www.newdrinksystem.fr website are covered by the legal guarantee stipulated in article 1641 of the French Civil Code. If a product does not conform, or has a manufacturing defect, it may be returned to the seller who will replace it. All complaints must be sent by e-mail to contact@beerup.fr. The buyer must present proof of purchase (invoice) and proof of identity.

Article 7 - DELIVERY

- GENERAL RULES: Products will be delivered to the address indicated by the purchaser on the order form. NEW DRINK SYSTEM works with various carriers to enable the products ordered to be dispatched to the purchaser. In the event of absence, either the deliveryman will drop off the parcel at a delivery point, or the purchaser or the recipient of the product ordered will receive a delivery notice from the deliveryman, which will enable them to collect the products ordered from the delivery point nearest to their home, within a period of seven days.

DELIVERY PROBLEMS: The buyer is obliged to check the condition of the packaging and the contents of the goods in the presence of the carrier. In the event that the buyer has any doubts whatsoever, he/she must :

· to apply the returns procedure (in particular to report any damage due, any complaints and reservations) and to refuse the goods by immediately issuing a statement of anomaly to the delivery person in charge.

· to report these incidents to the following address contact@beerup.fr within 3 days of refusal of the goods by the Buyer, setting out the said claims or reservations.

QUALITY OR CONFORMITY PROBLEMS: In the event of delivery of a product that does not correspond to the order (defective or non-conforming), the Buyer must make his/her complaint within 3 days of signing the delivery note. Complaints must be sent by e-mail to the following address: contact@newdrinksystem.fr from the e-mail address registered on the site, and must include :

· The buyer's contact details

· The order number concerned

· The product references

· The reason(s) for the complaint.

You will then be informed of the returns procedure. Products returned by the buyer must be returned within a maximum of ten working days from the date of delivery or the date of authorisation of the return.

Article 8 - RESERVATION OF TITLE

In accordance with the law, the transfer of ownership of the goods delivered to the buyer will only take place after full payment of the price in principal and accessory or the cashing of accepted cheques or other means of payment issued for the purpose of settling the price. During the period between delivery and transfer of ownership, the risks of loss, theft or destruction are borne by the purchaser. The buyer's failure to fulfil its payment obligations, for whatever reason, gives the seller the right to demand the immediate return of the goods delivered at the buyer's expense and risk.

Article 9 - RETURN OF PRODUCTS

In the event of non-compliant delivery or a defective product, NEW DRINK SYSTEM will agree to take back the product(s) purchased. The purchaser must make his/her complaint to the customer service department by e-mail contact@beerup.fr or by telephone +33554380004 (Free number from Monday to Friday from 9am - 12pm 2pm - 5.30pm). If the request is validated by the returns department, a returns label will be sent to you by e-mail. NEW DRINK SYSTEM is responsible for the cost of returning the goods.

The buyer must return the product in its original packaging, with all its accessories, indicating the reason for refusal on the invoice.

Complaints must be sent by post or e-mail and must include :

· The buyer's contact details

· The order number

· The reason for the return

The buyer will then be able to choose different options :

· a new delivery respecting the order,

· repair of the faulty product,

· exchanging the product for a similar one,

· cancellation of the order, with reimbursement of the sums paid.

Article 10 - INFORMATION TECHNOLOGY AND FREEDOMS PROVISIONS

In accordance with the French Data Protection Act of 6 January 1978, you have the right to access and rectify your personal data. All information may be used by NEW DRINK SYSTEM for advertising purposes.

Article 11 - APPLICABLE LAW AND CLAUSE OF JURISDICTION

This contract is subject to French law, including for sales abroad. In the event of a dispute, the Commercial Court of DAX (40) will have sole jurisdiction.