Last updated: 26/06/2026
1. Preamble
These General Terms and Conditions of Sale, hereinafter referred to as the «GTC», govern sales made on the website www.fosaindigospirits.com, edited by the company FOSA INDIGO SPIRITS.
The site offers alcoholic beverages for sale, including artisanal rum-based aperitifs, rum punches, spirits, digestifs, and other products marketed under the brand Fosa Indigo Spirits.
Any order placed on the site implies full and complete acceptance of these Terms and Conditions by the customer, without reservation.
The sale of alcoholic beverages to minors is prohibited. By placing an order on the website, the customer declares to be at least 18 years of age and to have the necessary legal capacity to enter into a contract.
Alcohol abuse is dangerous for your health. Drink in moderation.
2. Seller details
The site www.fosaindigospirits.com is edited by:
Company name: FOSA INDIGO SPIRITS
Legal structure SASU
Share capital 10 000,00 €
Registered office 2 rue du Palais, 01600 Trévoux, France
SIRET: 953 458 247 00012
SIREN: 953 458 247
VAT identification number: 04/10/2023
Email address: contact@fosaindigospirits.com
Telephone: +33 6 16 38 56 69
Publisher: Ivan Rakotomalala
Trade name / brand: Fosa Indigo Spirits
Operating licence 2023-320778-25247
Approved warehousekeeper number: FR100000N1174
3. Purpose of the GTC
These General Terms and Conditions define the rights and obligations of FOSA INDIGO SPIRITS and of any individual consumer making a purchase on the site www.fosaindigospirits.com.
They apply to all orders placed online on the website.
The seller reserves the right to amend these General Terms and Conditions at any time. The applicable General Terms and Conditions are those in force on the day the order is validated by the customer.
4. Products offered
The site offers alcoholic beverages for sale marketed under the brand Fosa Indigo Spirits, namely
Artisanal rum-based aperitifs ;
Rum punch ;
spirits ;
digestifs ;
gift boxes and associated products.
The products offered may have the following characteristics, among others:
alcohol content: 12.9 %, 13.1 %, 14.4 %, 15.1 % and 44.5 % vol; ;
Volumes: 45 cl and 70 cl ;
Price including VAT per bottle: between €25 and €55 including VAT; ;
Possible gift boxes: 1 or 2 bottle gift boxes, subject to availability and offers on the website.
The essential characteristics of products are shown on the product pages of the site, including the capacity, alcohol content, main ingredients, storage advice, tasting advice, and price.
Storage instructions are set out on the product information sheets and/or on the labelling. Rum-based aperitifs with an alcohol content of between 12.9 % and 15.1 % by volume must be kept in the fridge. Spirits, digestifs or products with a higher alcohol content may be subject to specific recommendations as indicated on their product information sheets.
It is recommended to shake bottles well before serving when specified on the product sheet or label. To preserve an optimal taste experience, it is advisable to consume the products within the recommended timeframe on the product sheet or labelling.
The photographs and visuals on the site are for illustrative purposes only. Slight differences may exist between the visuals and the products delivered, without affecting the essential characteristics of the products.
5. Sale of alcohol and prohibition of sale to minors
The sale of alcoholic beverages to minors is strictly forbidden.
When placing an order on the website, the customer declares:
be at least 18 years old; ;
to have the legal capacity to place an order; ;
to purchase products for personal consumption or for lawful use; ;
Provide accurate information when ordering.
The website may provide for several age verification mechanisms, including:
an age verification pop-up on site entry; ;
a checkbox at checkout; ;
a declaration on honour at the time of payment; ;
The blocking of orders placed by minors.
Alcoholic products are delivered against signature to an adult.
The seller reserves the right to refuse or cancel any order where there is serious doubt about the customer's age, the recipient's age of majority, or the order's compliance with applicable regulations.
Alcohol abuse is dangerous for your health. Drink in moderation.
6. Age verification on delivery
The delivery of alcoholic products may be conditional on the presentation of valid identification to verify the recipient's age of majority.
In the absence of an adult at the time of delivery, refusal to sign, inability to verify the recipient's age, or refusal to present identification, the parcel may not be delivered.
The costs associated with a new presentation, a new shipment or the potential return of the package may be charged to the customer, unless otherwise provided by law or fault attributable to the seller.
7. Price
The prices of the products are shown in euros, inclusive of all taxes, excluding delivery charges.
Delivery charges are shown to the customer before final order confirmation. They vary, in particular, according to the weight of the order, the destination, and the chosen courier.
The seller reserves the right to change their prices at any time. The applicable price is the one displayed on the website at the time the order is confirmed by the customer.
Any promotional offers are valid for the duration indicated on the website and while stocks last.
8. Order
The customer places an order directly on the website www.fosaindigospirits.com.
The ordering process includes, but is not limited to:
product selection ;
add to basket ;
Cart verification ;
the entry of personal information ;
the entry of the delivery address and, if applicable, the billing address; ;
the choice of delivery method ;
the choice of payment method ;
majority confirmation ;
acceptance of these T&Cs; ;
The final confirmation of the order with payment obligation.
Before final confirmation, the customer can review their order details, correct any errors, and confirm their acceptance.
After order confirmation and payment, the customer receives a confirmation e-mail at the address provided when placing the order.
The seller reserves the right to refuse or cancel any order in the event of:
suspicion of fraud; ;
Existing dispute with the client. ;
Incomplete, inconsistent or erroneous information; ;
Delivery impossible ;
non-compliance with these terms and conditions; ;
Serious doubt about the majority of the client or recipient; ;
manifestly abnormal order with regard to the quantities ordered or the expected use.
9. Payment
Payment is due immediately upon ordering.
The payment provider used is Stripe.
Payment methods accepted may include:
Bank card ;
PayPal ;
Apple Pay ;
Bank transfer.
The seller reserves the right to add, remove or modify the payment methods offered on the site.
Payments are secured by third-party providers. The seller does not retain the customer's full bank details.
The order is considered final after payment confirmation.
In case of payment refusal, the order will be automatically cancelled.
In the case of payment by bank transfer, the order may be processed upon actual receipt of funds into the seller's account.
10. Delivery
Products are delivered to the address provided by the customer at the time of ordering.
The carriers that can be used include, but are not limited to:
Colissimo ;
UPS ;
Mondial Relay ;
any other carrier offered on the website.
Delivery is currently offered in mainland France and Corsica.
Unless otherwise indicated during.
The usual delivery time is 2 to 3 working days after dispatch, depending on the carrier chosen and the destination.
The delivery time applicable to the order is indicated to the customer before the final validation of such order. In any event, except in special cases expressly indicated to the customer before the order, delivery shall occur within a maximum of 30 days from the order confirmation.
Delivery charges are variable depending on the weight of the order, the carrier chosen, and the destination. They are shown to the customer before final confirmation of the order.
Delivery requires a signature from an adult.
In the event of a delivery delay, customers are invited to contact customer service at the following address: contact@fosaindigospirits.com.
In the event of a significant delay, the customer may ask the seller to make the delivery within a reasonable additional period. Failing delivery within this period, the customer may terminate the contract under the conditions provided for by the Consumer Code.
The seller shall not be held liable for any delay or impossibility of delivery resulting from an error or omission by the customer in the information provided, particularly an incomplete or incorrect address, or the absence of an adult at the time of delivery.
11. Delivery zones
The currently available delivery area covers:
Metropolitan France ;
Corsica.
Orders to other countries are not automatically enabled on the website.
Any request for delivery outside of mainland France and Corsica may be considered on a case-by-case basis, subject to regulatory, fiscal, customs, and logistical feasibility, and compliance with the rules applicable to the sale of alcoholic beverages.
The seller reserves the right to limit, suspend or refuse deliveries to certain countries or geographical areas, particularly due to regulatory, customs, tax, or logistical constraints, or those related to the sale of alcohol.
12. Delivery outside France
Deliveries outside of mainland France and Corsica are not automatically offered on the website.
The potential opening of deliveries to other countries, including Switzerland, Belgium, Italy or Spain, may be subject to specific conditions.
Alcoholic beverages are subject to specific regulations, particularly concerning excise duty, VAT, customs formalities, import, transport, declaration, and age verification.
Before actually opening sales to a foreign country, the seller shall, in particular, verify:
the conditions for transporting alcohol; ;
the applicable customs formalities; ;
any excise duties due; ;
the applicable VAT ;
declaration obligations ;
any local restrictions; ;
obligations related to age verification ;
the delivery conditions by the carrier.
No orders outside of mainland France and Corsica will be considered accepted until the seller has expressly confirmed their feasibility.
13. Product Reception
The customer is required to check the condition of the package and products upon delivery.
In the event of a visibly damaged, opened, wet, broken, or deteriorated package, the customer is requested to:
refuse the parcel where possible; ;
make precise reservations with the carrier ;
take photographs of the parcel, products, and shipping label; ;
Contact customer service quickly at the following address: contact@fosaindigospirits.com.
The customer must retain the necessary supporting documents for the processing of their claim.
This procedure does not limit the customer's statutory rights under applicable warranties.
14. Right of withdrawal
In accordance with the rules applicable to distance selling, the consumer customer has a period of 14 days from receipt of the product to exercise their right of withdrawal, without having to justify their decision.
To exercise their right of withdrawal, the customer must notify the seller of their decision before the expiry of the 14-day period.
By email: contact@fosaindigospirits.com
By post: FOSA INDIGO SPIRITS, 2 rue du Palais, 01600 Trévoux, France
Simply returning the product without prior declaration is not sufficient to validly exercise the right of withdrawal.
The client can use the following template:
Withdrawal form template
To:
FOSA INDIGO SPIRITS
2 Palace Road
01600 Trévoux
France
I hereby notify you of my withdrawal from the contract concerning the sale of the following product(s):
Order number:
Ordered on:
Received on:
Client's name:
Customer's address:
Email address:
Date:
Signature, for paper submission only:
The product must be returned no later than 14 days after the withdrawal request has been sent.
Return costs are borne by the customer, unless the error is attributable to the seller, the product is non-conforming, or a contrary legal provision exists.
15. Returns Policy
Returned products must be:
unopened ;
seals ;
intact ;
complets ;
in their original packaging; ;
accompanied, if possible, by the order number.
Returns should be addressed to:
FOSA INDIGO SPIRITS
2 Palace Road
01600 Trévoux
France
For reasons of hygiene, safety, traceability, and product compliance, opened, unsealed, consumed, deteriorated, or unsaleable bottles cannot be returned, except for defective products, those broken on receipt, or non-conforming items.
The customer is responsible for packaging the returned product. It is recommended to use packaging suitable for bottles to prevent damage during return transit.
When returning an item under the right of withdrawal, the customer bears the risks associated with the return transport until the products are received by the seller, unless otherwise provided by law.
16. Reimbursements
In the event of a valid exercise of the right of withdrawal, the seller shall reimburse the customer within a maximum of 14 days from the date on which they are informed of the decision to withdraw.
The seller may defer the refund until the returned products have been recovered or until the customer has provided proof of shipment of the products, the date taken being that of the first of these events.
Commercially, when returned products have been received and verified as compliant with the return conditions, FOSA INDIGO SPIRITS endeavours to process the refund within 7 working days.
Refunds will be made via the same payment method used for the order, unless the customer expressly agrees to another refund method.
No refunds will be made for the right of withdrawal if the returned product is opened, unsealed, consumed, incomplete, damaged, or unfit for resale for a reason attributable to the customer.
This clause does not limit the customer's rights in the event of a non-conforming, defective or broken product upon receipt.
17. Damaged, broken, incomplete or non-conforming products
In the event of a damaged, incomplete, incorrect order or a non-conforming product, customers must contact customer service at the following address:
The request should ideally include:
the order number ;
A description of the problem; ;
photographs of the package ;
photographs of the product(s) concerned; ;
a photograph of the shipping label.
Following analysis of the request, the seller will propose a solution that complies with the customer's rights, including a replacement, a refund or any other solution expressly accepted by the customer.
A credit note may be offered, but not imposed, when the customer has a legal right to a refund.
This procedure does not limit the customer's statutory rights under applicable warranties.
18. Legal Guarantees
The products sold on the website benefit from applicable legal guarantees, including:
the legal guarantee of conformity provided for by Articles L.217-3 and following of the Consumer Code; ;
the warranty against hidden defects provided for by Articles 1641 et seq. of the Civil Code.
Under the legal guarantee of conformity, the consumer has two years from the delivery of the goods to take action.
The consumer may request that the product be brought into conformity, particularly through replacement or refund when conformity is impossible or disproportionate.
The statutory warranty of conformity applies irrespective of any commercial warranty that may have been granted.
The customer may also decide to enforce the warranty against hidden defects if the product has a hidden defect making it unsuitable for the use to which it is intended, or so diminishing that use that the customer would not have acquired it, or would only have given a lesser price for it, had they known.
In the event of a non-conforming, defective, broken upon receipt, or unfit for consumption under normal conditions product, customers are invited to contact FOSA INDIGO SPIRITS at the following address:
The customer must provide all relevant information that helps to identify the order and to establish the alleged defect.
19. Seller's Responsibility
The seller undertakes to take the greatest care in the presentation, preparation and dispatch of products.
The seller is responsible for the proper performance of the obligations arising from the distance contract, under the conditions provided for by applicable regulations.
However, the seller's liability shall not be engaged in the event of:
of abnormal or abusive use of the products; ;
of excessive alcohol consumption; ;
of non-compliance with storage or tasting advice; ;
error made by the customer in the order details; ;
due to impossibility of delivery linked to an incorrect or incomplete address; ;
absence of a responsible adult at the time of delivery; ;
refusal to present identification when requested to verify age ;
of regulatory, customs, fiscal or administrative restrictions; ;
force majeure ;
of the fact of it being unpredictable and insurmountable by a third party to the contract.
The seller shall not be held liable for consequences related to inappropriate, excessive consumption, or consumption contrary to public health recommendations.
Alcohol abuse is dangerous for your health. Drink in moderation.
20. Customer responsibility
The customer undertakes to provide accurate and complete information when placing an order.
The client is responsible:
of the accuracy of his identity; ;
of his delivery address; ;
from their billing address, if applicable; ;
from his declaration of majority; ;
upon receipt of the parcel by an adult; ;
of compliance with storage instructions; ;
of responsible product consumption.
Any order placed by a minor or on behalf of a minor is prohibited.
The customer agrees not to resell the products for professional purposes without the seller's prior authorisation and without complying with the legal obligations applicable to the sale of alcoholic beverages.
21. Personal Data
In the course of operating the website and processing orders, the seller collects certain personal data from the customer, including:
First name and surname ;
delivery address ;
billing address ;
email address ;
phone number ;
Order information; ;
payment information processed by payment providers.
These data are necessary, among other things, for:
process orders ;
ensure delivery ;
manage billing ;
Respond to customer service requests. ;
comply with legal, tax and accounting obligations; ;
handle any returns or complaints; ;
ensure the security of transactions.
The e-commerce platform used is WooCommerce.
The client has rights over their personal data, including the right of access, rectification, objection, erasure, restriction of processing and, where applicable, portability.
To exercise their rights, the customer can contact the seller at the following address:
A separate privacy policy is available on the site. It specifies, in particular, the processing carried out, the purposes pursued, the legal bases, the retention periods, the potential recipients of the data and the users' rights.
22. Cookies, newsletters and tracking tools
The site may use cookies and tracking tools, including:
cookies necessary for the site to function; ;
cookies related to the basket and order ;
audience measurement cookies ;
Statistical tools ;
Newsletter tools ;
Marketing tools, where applicable.
Certain cookies necessary for the proper functioning of the site may be placed without prior consent when they are strictly indispensable for the provision of the service requested by the user.
Audience measurement, advertising, marketing, or tracking cookies may require the visitor's prior consent, depending on their purpose and the tools used.
The customer or visitor must be able to manage their cookie preferences via a consent management banner or module.
Newsletter subscription is based on customer consent where required. The customer can unsubscribe at any time via the unsubscribe link provided in the communications sent.
A separate cookie policy is available on the site. It specifies, in particular, the cookies used, their purposes, their retention periods, and the methods by which the user can manage their preferences.
23. Intellectual Property
All the elements present on the site www.fosaindigospirits.com, particularly texts, images, photographs, logos, trademarks, trade names, graphics, videos, icons, recipes, visual elements and content, are protected by intellectual property law.
Any reproduction, representation, adaptation, modification, diffusion or total or partial exploitation of the site or its content, without the prior written authorisation of the seller, is prohibited.
The brand Fosa Indigo Spirits, product names, visuals, recipes, commercial materials and associated elements remain the property of their respective owners.
24. Force majeure
The seller shall not be held liable for any delay or failure to perform its obligations in the event of force majeure, as defined by the applicable regulations.
The following are considered to be cases of force majeure, without this list being exhaustive:
natural disasters ;
strikes ;
transport blockages ;
health crises ;
Fires ;
cyberattacks ;
major breakdowns ;
administrative decisions ;
customs restrictions ;
events preventing the normal execution of the command.
In the event of force majeure, the seller's performance of obligations may be suspended for the duration of the relevant event.
25. Consumer mediation
In the event of any dispute, the customer is requested to first contact customer service to seek an amicable resolution:
If an amicable resolution cannot be reached, the consumer client may use the services of a consumer mediator free of charge.
Appointed Mediator: MCP Mediation
Address 12 square Desnouettes, 75015 Paris, France
Website: https://mcpmediation.org/
How to file a claim: https://mcpmediation.org/mode-demploi-2/
The client remains free to accept or refuse the use of mediation, and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.
26. Governing law and jurisdiction
These General Terms and Conditions are subject to French law.
In the event of a dispute, customers are invited to contact the seller to seek an amicable resolution.
In the absence of an amicable resolution, the dispute may be brought before the competent courts, in accordance with the applicable rules.
For customers residing outside of France, certain mandatory provisions of local consumer protection law may also apply where they are applicable.
27. Contact client
For any questions relating to an order, a product, a delivery, a return or a complaint, the customer may contact customer service:
FOSA INDIGO SPIRITS
2 Palace Road
01600 Trévoux
France
E-mail: contact@fosaindigospirits.com
Telephone: +33 6 16 38 56 69
28. Acceptance of General Terms and Conditions
The client acknowledges having read these General Terms and Conditions of Sale before validating their order.
The validation of the order implies full and complete acceptance of these T&Cs.
The customer also confirms that they are of legal age and permitted to purchase alcoholic beverages.
Alcohol abuse is dangerous for your health. Drink in moderation.
