Legal notice and general condition of sales
Publication Manager: Benjamin BOUDE
Publisher: CENTRE VINICOLE - CHAMPAGNE NICOLAS FEUILLATTE, Union of Agricultural Cooperatives with Variable Capital, registered with the Reims Trade and Companies Register under number D 775 611 924, with its registered office at CD 40 A "Plumecoq", 51530 Chouilly, holding approval number N 1554 (hereinafter “CV-CNF”)
Web agency: Trenta, a simplified joint stock company with share capital of €400,000, registered with the Saint-EtienneTrade and Companies Register under number 330 502 188, with its registered office at AXOME WEBAGENCY, 30 RUE AGRICOL PERDIGUIER 42100 SAINT-ETIENNE
Hosting: Trenta, a simplified joint stock company with share capital of €400,000, registered with the Saint-EtienneTrade and Companies Register under number 330 502 188, with its registered office at AXOME WEBAGENCY, 30 RUE AGRICOL PERDIGUIER 42100 SAINT-ETIENNE
This notice governs the navigation of any Internet user connecting to www.champagneboudebaudin.fr (hereinafter “the Website”). By using the Website, you acknowledge that you have read and accepted these General Terms and Conditions of Use (hereinafter the “GTCU”) without reservation.
If you have any questions about the Website, please visit the following page: Contact Us
The purpose of these GTCU is to define the procedures for consulting the Website and the conditions for using its content.
1 - ACCESS TO THE WEBSITE
The Website is accessible free of charge to any adult with access to the Internet (hereinafter “you” or “the user”).
The Website is not intended for minors and we will not collect, use, provide or otherwise deliberately process any personal data of minors. By accessing this Website, you accept, without limitation or reservation, the legal provisions in force and the conditions detailed below.
If when browsing the Website you submit your personal data to us, you will be considered to have granted your authorisation for the use of these data by SAS BOUDE BAUDIN for the purposes referred to in this legal notice and in the personal data protection policy. You acknowledge that the data you provide to us are accurate and constitute proof of your identity.
Although we strive to keep the Website accessible at all times, we cannot guarantee this access to you in all circumstances. Indeed, and in particular for reasons of maintenance, updating, or for any other reason that we do not control, access to the Website may be interrupted.
SAS BOUDE BAUDIN reserves the right to modify and update the GTCU at any time and without notice in order to adapt them to changes to the Website and/or its operation. Users are therefore advised to consult the latest version of the GTCU before browsing the Website.
To access the Website, you must have reached the legal age for drinking and/or buying alcohol in accordance with the legislation in force in your country of residence (the highest age being that taken into consideration). Access to and/or use of the Website by persons located in France is strictly reserved to adults. If there is no such legislation in your country, you must be at least 18 years old to access the Website.
SAS BOUDE BAUDIN shall not be liable for any erroneous or falsified indication
If you do not agree to these terms, if you are not of legal age to consume and/or purchase alcoholic beverages in the country in which you are located or if you are in a country where the use of this Website is not permitted, please leave the Website immediately. Any access to and/or use of it is at the user's risk.
2 - INTELLECTUAL PROPERTY
The entire Website is governed by French and international legislation in force on copyright and intellectual property.
All rights relating to intellectual property and to the databases of the Website and the media published on it, including, without limitation, the trademarks, drawings, logos, texts, images, photographs, audio and video material are - unless otherwise stated - the exclusive property of SAS BOUDE BAUDIN.
Any representation, reproduction, re-transcription, distribution, modification, adaptation, imitation or partial or total exploitation of the elements of the Website, for any public, commercial, political or advertising use, by any process whatsoever, is strictly prohibited without the express prior written authorisation of SAS BOUDE BAUDIN and shall render its author liable. By way of information, acts of copyright infringement are punishable in France by up to three years' imprisonment and a fine of €300,000 (Articles L 335-2ff. of the French Intellectual Property Code).
You may download or print certain items that are contained on the Website, provided that (i) these items are for strictly private and personal use only (ii) no copyright or other proprietary rights information is removed from these items, (iii) the downloaded or printed items are not modified, (iv) you are in a country in which consumption and/or purchase of alcoholic beverages is permitted, (v) you are of the minimum legal age required for consumption and/or purchase of alcoholic beverages in the country in which you are located.
3 - INFORMATION CONTAINED ON THE WEBSITE
We strive to provide you with accurate and up-to-date information. However, since the technical reliability of transmission of data and information over the Internet is only relative, we cannot guarantee the accuracy of all the information contained on this Website.
SAS BOUDE BAUDIN provides information for purely informative purposes. It strives to monitor its accuracy and keep it up to date. However, no guarantee is given as to its correctness, accuracy, exhaustiveness or its being up to date.
Consequently, except in the event of gross negligence or wilful misconduct, SAS BOUDE BAUDIN declines all liability for any direct and/or indirect damage resulting in particular from an error or inaccuracy in the information available on this Website, or for any damage resulting from a fraudulent intrusion by a third party of this Website (hacking), or for any malware or virus that might damage your device or render it unusable as a result of visiting this Website or any other damage resulting from the use or loss of use of data or profits, whether in performance of a contract, negligence or criminal action as a result of or in connection with the use of the Website.
SAS BOUDE BAUDIN may not be held liable in the event of the unavailability of the Website for any reason whatsoever.
Information on the services
The services available on this Website, and in particular for placing orders and creating a customer account, are intended only for the purposes described in the section headed “Personal data protection policy”.
The hypertext links put in place on this Website may lead you to websites published by third parties, the content of which we do not control. Consequently, and insofar as hypertext links have been included on this Website only in order to facilitate your browsing on the Internet, the consultation of third-party sites will be your choice and your exclusive responsibility.
4 - MODIFICATION OF THE SITE AND CONDITIONS OF USE
SAS BOUDE BAUDIN may decide to modify and update the content and information included on this Website as well as this legal notice and the personal data protection policy at any time and without notice, in particular in order to comply with any new applicable legislation and/or regulations and/or in order to improve the Website. SAS BOUDE BAUDIN cannot be held liable for the consequences of such modifications. Similarly, it reserves the right to interrupt or suspend all or part of the functionalities of the Website at any time and without notice.
Any changes will be incorporated into this legal notice and the personal data protection policy. SAS BOUDE BAUDIN therefore encourages all users to re-read this legal notice and the personal data protection policy each time they visit the Website
5 - APPLICABLE LAW
These terms and conditions of use and access shall be governed by and construed in accordance with French law. In the event of any dispute, after all attempts to find an amicable solution have failed, you irrevocably accept the exclusive jurisdiction of the courts of Reims to hear this dispute.
In the event of a difference in interpretation between the languages in which these conditions may be available, the French version shall prevail.
If any provision of these terms and conditions is cancelled or declared null in whole or in part, the validity of the remaining provisions shall not be affected.
No waiver of any provision of these terms and conditions shall be deemed to constitute a subsequent waiver of such provision or a waiver of any other provision hereof (whether or not similar).
6 - PERSONAL DATA PROTECTION POLICY
SAS BOUDE BAUDIN respects your right to privacy. We take all necessary measures to ensure the security of the personal data you transmit to us.
This personal data protection policy (hereinafter the “Policy”) describes the types of information that SAS BOUDE BAUDIN may collect from you or that you will be able to communicate to us.
The Website is not intended for minors and we will not collect, use, provide or otherwise deliberately process any personal information of minors.
This Policy may be amended at any time.
If you continue to use this Website after the changes we have made take effect, you will be deemed to have accepted the changes. Therefore, please check this Policy regularly.
The information collected is recorded in a computerised file by CV-CNF for the purposes of order processing, analysis and customer support.
It is retained for as long as is strictly necessary for the management of the business relationship with the exception of data the minimum retention period of which results from a legal or regulatory obligation or the expiry of a prescription period.
They are intended for CV-CNF and any Processors working for the purposes defined below (Axome).
We may collect personal data concerning you from various sources, including:
- yourself directly, when you voluntarily provide them to us on the Website when placing your order and when creating the customer account (title, surname, first name, date of birth, postal address, email address and telephone number).
- indirectly, automatically (from the IP address of the terminal used to connect, the type of browser, the operating system, access times, etc.) or with your express consent when using our Website. All data collected indirectly will be used only to monitor the volume, type and configuration of traffic using this Website, to develop its design and layout and for other administrative and planning purposes, to identify possible fraudulent uses and more generally to improve the service offered.
Personal data means data or elements of data that make it possible to identify you directly or indirectly. Although the precise details of the personal data we collect vary according to specific needs, we generally collect the following data:
|When you create your account||title, first name, last name, email address, date of birth, customer code (if any), password|
|When you log in to your account||email address and password|
|When you sign up for the newsletter||email address|
|When you place an order for products on the Website||surname, first name, email address, content of your order, billing address, delivery address, mobile/landline phone number|
|When you contact Customer Service||email address, the content of your request|
The processing we implement is carried out subject to your consent and meets an explicit, legitimate and specific purpose. For our part, the processing of your personal data allows us to:
Manage your order
Manage our customer relationship via our CRM, in order to get to know you better, personalise our products and services and contact you regarding products and services likely to interest you (product launch, promotional offers, VIP events, tastings, joint promotions, etc.)
We may communicate your personal data to official bodies or agencies in the event that we are required to do so in order to comply with a legal obligation or if, in our opinion in good faith, such action is reasonably necessary in the context of legal proceedings; to respond to any complaint or legal action; or to protect the rights of SAS BOUDE BAUDIN or its customers and consumers.
Rights of access:
In accordance with Law no. 78-17 of 6 January 1978, as amended, known as the French Data Protection Act, and with Regulation (EU) 2016/679 on the protection of personal data (the General Data Protection Regulation or GDPR), which came into force on 25 May 2018, you have rights to your personal data:
- the right to access your data,
- the right to rectification of your data,
- the right to object to processing (e.g. request to no longer receive emails),
- the right to withdraw your consent,
- the right to have your date erased,
- the right to restrict processing (your data are not deleted but we make them unavailable),
- the right of portability (you receive a file with the data you have entrusted to us, or you ask us to transmit this file directly to a third party).
You can exercise your rights by sending your request directly to the following email address: email@example.com or by post to: Champagne Boude Baudin, 12 Rue des Gouttes d’Or, 51480 Cormoyeux. You also have the right to lodge a complaint with the CNIL, the French Data Protection Agency.
For security reasons and to avoid any fraudulent request, each request must be clear and precise, accompanied by a copy of an identity document and made in accordance with the applicable legal framework. Once the request has been processed, this evidence will be destroyed.
You can unsubscribe at any time by unchecking the ‘opt-in’ box on your profile or by clicking on the ‘unsubscribe’ link in any email sent by SAS BOUDE BAUDIN.
We store your data in secure operating environments protected from the public. We apply the accepted standards in this sector regarding the protection of personal data. The transmission via the Internet of the Website’s data is secured in accordance with best industry practices. After receipt of your data, we apply strict security procedures and measures to avoid any unauthorised access.
The storage and processing of your data as well as their use or disclosure may require their transfer and/or storage in the European Economic Area as well as processing by personnel of a Processor located in said territories.
Our Processors are bound by a contract that ensures a high level of data protection and requires (among other clauses) that they implement all necessary technical measures on an ongoing basis to keep your personal data secure.
Our main service provider for internet hosting is in France.
In accordance with the legislation and regulations in force, we do not retain your data beyond the time strictly necessary for the purposes pursued above.
|THE TYPE OF DATA||THE RETENTION PERIOD|
|>The personal data you have completed/declared in your profile.||Three (3) years from your last activity on the Website|
|>Data concerning your browsing, your use of the Website|
|>Data relating to an order||Three (3) years from your order|
|>Audience measurement and traffic statistics for our Website||Thirteen (13) months|
|>Data used to establish proof of a right or contract, or retained for compliance with a legal obligation||Archiving in accordance with applicable legislation|
When you enter your IBAN on the Website, we apply industry standards for the protection of banking data and comply with all the obligations provided for by law.
When placing an order on the site, you will be automatically redirected to the transaction platform of the bank-owned payment services provider PayPlug.
A cookie is a small text file that is sent from the server of a website and is stored on the hard drive of your computer, tablet or phone when you visit a website. It enables us to recall your preferences when you visit our Website.
Cookies remember the type of browser you use and the additional browser software you have installed and in some cases your user journey. They also remember your preferences, such as language and region, which remain your default settings when you return to the Website. Cookies also allow you to record pages, store information about forms you have completed, access your personal space, and implement security measures.
Some of the cookies we use are session cookies, which are temporary and disappear when you close your browser. They are not stored on your hard drive. Others are persistent cookies, stored on your computer for a er period, but which will never exceed thirteen months. With regard to cookies used to measure the audience, the retention period of the information will not exceed six months, beyond which the data are anonymised.
The information recorded by these cookies can only be read by the sender and only during the visit of the Website. You can refuse the use of these cookies by changing your browser settings.
We use Google Analytics cookies to obtain an overview of our visitors’ habits and numbers, and to help us improve their overall experience on our Website.
However, if you choose to change or disable Cookies via your browser, you may no longer be able to benefit from all the features we offer through our Website.
For more information on configuring Cookies, you can consult the following websites:
http://www.cnil.fr/vos-libertes/vos-traces/les-cookies/ (in French) or
http://www.aboutcookies.org/ (in English).
For Internet Explorer™: http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies
For Chrome™: https://support.google.com/chrome/answer/95647?hl=en,
For Opera™: http://help.opera.com/Windows/10.20/fr/cookies.html.
Third-party cookies are cookies set by a domain other than that visited by the user. Third-party cookies are placed by third parties when a user visits a website (e.g. cookies placed by Google, Twitter and Facebook).
We have no control over the process used by third parties to collect information relating to your browsing of our website and associated with the personal data available to them.
1- APPLICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE
The website accessible at www.champagneboudebaudin.fr (hereinafter “the Website”) is an online sales websitepublished by Champagne Boude Baudin (hereinafter the “Vendor”), SAS BOUDE BAUDIN], with share capital of €384,252, registered with the REIMS Trade and Companies Register under number 529229155, with its registered office at 12 RUE DES GOUTTES D’OR, 51480 CORMOYEUX
These General Terms and Conditions of Sale (hereinafter the “GTCS”) specify the respective rights and obligations of Champagne Boude Baudin and its Customers (as hereinafter defined), in connection with the online sale by Champagne Boude Baudin on the Website of its champagnes (hereinafter the “Products”), in accordance with the pricing terms and conditions indicated on the Website.
The offers present on the Website are strictly reserved for natural persons of legal age and having full legal capacity to order on the Website (hereinafter referred to as the “Customer” or “Customers”). Customers place orders on the Website for their personal needs for delivery within the European Union (EU). It is specified that the Customer is a consumer, that is to say acting for purposes that are not part of a commercial, industrial, craft or liberal activity.
Any Product order placed on the Website implies the prior and unreserved acceptance by the Customer of these GTCS. This acceptance is evidenced by ticking the box marked “In validating your order, you declare that you have read and accepted without reservation the General Terms and Conditions of Sale, Legal Notice and Personal Data Protection Policy.”
The GTCS applicable to the order are those in force on the day the order is validated on the Website. They are entered into for the period necessary for the supply of the Products ordered, until the expiry of any warranties. However, the GTCS may be amended and updated by Champagne Boude Baudin at any time and without notice. It is the Customer's responsibility to read the General Terms and Conditions of Sale at the time of each order.
2- THE PRODUCTS
2.1. DESCRIPTION OF THE PRODUCTS
Each proposed Product is accompanied by a technical data sheet presenting its essential characteristics. This technical data sheet includes a photograph of the Product and a technical description. The photographs or graphic representations used to illustrate the Products, whether standard or personalized, have no contractual value and cannot in any circumstances render the Vendor liable.
The Vendor may update or complete the technical data sheets at any time and without notice.
The Vendor complies with the applicable French standards relating to the products sold. It may be required to alter its products and packaging in order to comply with these standards, in particular by incorporating logos and mentions made mandatory. A change in labelling does not constitute a change in the characteristics of the Products.
2.2. PRODUCT AVAILABILITY
The Vendor undertakes to confirm Customer orders by email within a maximum period of seventy-two (72) hours from receipt of the order. The mere fact of adding a Product to the cart does not constitute validation of the order, since the Product may become unavailable between the time of addition to the cart and validation of the order by the Customer. In this case, the Customer will be directly informed at the checkout stage and will be invited to delete the Product from the cart and continue with the order.
If a Product becomes unavailable after the Customer’s order has been placed, the Vendor undertakes to inform the Customer as soon as possible by email. It shall offer the Customer, at the Customer’s discretion and at no additional cost, either replacement with an equivalent Product, cancellation of the entire order, or fulfilment of the order only for the Product(s) that are available, the amount corresponding to the non-available Product(s) and the relevant shipping costs being reimbursed to the Customer, at the latest within fourteen (14) days of the Customer’s request for reimbursement.
ARTICLE 3 – ORDER
3.1. CREATION OF THE CUSTOMER ACCOUNT
Placing any order through the Website requires the Customer to have previously created a customer account (“Customer Account” as defined hereunder), it being specified that the Customer Account may be created independently of any order or prior to the validation of an order.
To create his or her Customer Account, the Customer must complete the form made available for the purpose. This form contains “mandatory” information needed to identify the Customer and deliver his or her order (in particular title, first name, surname, date of birth, billing and delivery address(es), telephone number, password(s) and email address). This mandatory information is marked with an asterisk (*) on the Website. This form also contains “optional” information that the Customer is not obliged to complete in order to place an order on the Website (the information not indicated by an asterisk). After registration, the Customer will receive an automatic email confirming the creation of his or her Customer Account.
It is specified that the password created by the Customer is personal and confidential. It must be complex enough to protect the account. If the Customer forgets the password, he or she can request a new one by clicking on "Forgot password” on the login screen.
The information thus communicated must be complete, accurate and up to date. The Vendor reserves the right to ask the Customer for confirmation (by any means) of the information provided and of the Customer’s identity.
3.2. PLACING AN ORDER
To place an order on the Website, the Customer must select the Product he or she wishes to order and add it to the cart by clicking on "Add to cart".
On the “Checkout” page, the Customer can:
Add and remove items to or from the cart;
Enter any promo (promotional) code he or she might have;
See a summary of the content of the cart, including the promotions applied.
The Customer then has the choice between continuing to shop or checking out (completing the order).
To validate the order, the Customer must click on "Order".
1/The Customer is then asked to identify himself/herself with his/her Customer Account by entering his/her email address and password. If the Customer does not have a Customer Account, he or she is asked to create one.
2/ Once identified, the Customer must add or select a personal billing address and a delivery address.
3/The Customer must then select a delivery method.
4/Once the address and delivery method have been chosen, the Customer must select the payment method.
To definitively confirm their order and pay, the Customer clicks on “Buy”. The Customer is then redirected to the payment service provider’s transaction platform to enters his or her banking information and confirm payment by clicking on “Pay”. Having validated and paid for the order, the Customer is automatically redirected to a page on the Website on which the Vendor confirms the order. At the same time, the Customer receives (i) an email from the Vendor acknowledging receipt of the order, giving an order number and a summary of the order and (ii) an email confirming payment from the payment service provider.
Any non-validated order cannot be fulfilled. Simply adding a product to the cart does not constitute validation of the order.
The Vendor may ask the Customer for proof of identity. In this case, the order will no be confirmed until these documents are received and validated. The order preparation time may be influenced by any delay in transmitting this information.
In the event that the documents are not provided before the date of shipment of the order, the Vendor reserves the right to cancel the order. Regardless of the payment method chosen, the Vendor reserves the right to refuse any order or any delivery in the event of (i) refusal of payment authorization by the banking body or (ii) total or partial non-payment of a previous order by the Customer.
Failure by the Vendor to confirm shall not be construed as confirmation and acceptance of the order.
ARTICLE 4 – PRICES AND PAYMENT TERMS
The prices are those indicated on the Website on the date of the order. They are indicated in euros and all taxes included. They take into account the value added tax applicable on the day of the order and include any applicable excise duties. They do not include the delivery costs applicable to any order for products. These costs are charged in addition to the price of the Products and vary according to the delivery method chosen by the Customer when ordering. At no time may the sums collected be considered as deposits or advance payments. The prices of the Products may change between the time the order is placed and the day of delivery of the Products. In the event of a price change (upwards or downwards), the prices in force on the day of the order (not on the day the products are delivered) will be applied to each order.
A detailed invoice will be issued for each order. It will be available in the “My orders” section by clicking on “My account”. The Customer can download and/or print invoices.
4.3. PAYMENT TERMS
The Customer may use the following payment cards: Visa / MasterCard / Carte Bleue / American Express. The Customer must be the holder of the card used. The Customer will be automatically redirected to the payment provider’s transaction platform. Banking information is entered via a secure server to ensure the security and confidentiality of the information provided by the Customer during the banking transaction. It is expressly agreed that payment methods other than those listed above (cheques, cash, etc.) will not be accepted.
ARTICLE 5 – DELIVERY
5.1. TERRITORIAL CONSIDERATIONS
The Products offered for sale on the Website are developed and marketed in accordance with European Union standards in force.
Orders to be delivered outside the European Union must be the subject of a specific quote. Please contact Mr Benjamin BOUDE
As regards shipments outside the EU, we cannot include a general clause: this is case by case. Each country has specific regulations for the import of alcohol.
It should also be noted that deliveries outside France involve certain administrative procedures, a change in labelling, etc. We therefore invite you to add the necessary paragraphs and information depending on the countries (outside the EU) in which you intend to deliver.
For example, a shipment to the United States must be authorized by the authorities. In general, customers are redirected to a distributor/importer or a merchant Website (and prices are much higher). Another example: since February 2020, for each order, the Brazilian authorities have requested a special analysis report per batch of bottles. It costs €200 per test!
In order for the delivery deadlines to be met, the Customer must ensure that he/she has provided accurate and complete information concerning the delivery address (such as, in particular: street, building, staircase numbers, access codes, names and/or intercom numbers, etc.). Inaccurate information may result in additional delivery delays or even re-dispatch at the expense of the Customer, who remains responsible for the quality and accuracy of the information communicated when creating his or her account or when placing an order.
5.2. DELIVERY TIMES AND COSTS
With effect from the processing of the order, the corresponding Products are delivered via the Carrier “DPD France” within the following deadlines:
- delivery within 15 working days
The customer may choose another carrier for home delivery or pick-up point delivery. In this case, please contact Mr Benjamin BOUDE.
5.3. TRANSFER OF RISK AND OWNERSHIP
The risks of destruction, loss or damage to the Product(s) are borne by the Vendor until delivery (without prejudice to any recourse that the latter may have against the carrier responsible for delivery).
Risks on the Products are transferred on the delivery date of the Products to the delivery address indicated by the Customer. Delivery means the physical delivery of the Product(s) ordered, to the Customer or the Customer’s representative at the address indicated at the time the order is placed. The Customer must then check the order upon receipt.
The Vendor reserves ownership of the Products ordered until payment in full of their price by the Customer.
5.4. VERIFICATION OF THE ORDER UPON RECEIPT
The Customer is required to check the condition and conformity of the Products on delivery and must, where applicable, record any reservations on the delivery note. In the presence of an apparent anomaly (in particular damaged or opened package, traces of liquid, etc.), the Customer is requested not to open the package and to leave it with the carrier or service provider responsible for delivering the package.
ARTICLE 6 – RIGHT OF WITHDRAWAL
In accordance with Articles L 221-18ff. of the Consumer Code, the Customer has a period of fourteen (14) calendar days, from receipt of the order (“cooling-off period”) in which to exercise the right of withdrawal, without having to justify reasons or pay penalties, with the exception of return costs. The Customer must inform the Vendor of its decision to withdraw by sending an unambiguous declaration by email to the following address: firstname.lastname@example.org, or by post to: Champagne Boude Baudin, 12 Rue des Gouttes d’Or, 51480 Cormoyeux
The Products must be returned by registered post with acknowledgement of receipt by the Customer, at the latest within fourteen (14) days of notification of the decision to withdraw, to the following address: Champagne Boude Baudin, 12 Rue des Gouttes d’Or, 51480 Cormoyeux, and must be accompanied by a withdrawal letter and a copy of the invoice.
The Products must be returned neither open nor damaged, in their original packaging. If the original packaging has not been kept, the Customer must, given the nature of the Products, pack them with the greatest care, in order to avoid any breakage. Returned Products travel at the Customer’s expense and risk. Any damaged product will not be taken back, exchanged or refunded.
The Customer will be reimbursed for all sums paid at the time of the order, as soon as possible and no later than fourteen (14) days following notification by the Customer of the exercise of the right of withdrawal, and this period may be extended to the date of receipt of the returned Products or proof of dispatch of these Products; the date applying being that of whichever is first to take place.
Reimbursement will be made by the same means of payment as that used by the Customer to pay for the order.
In the event of the return of the entire order, the Vendor shall reimburse the delivery costs related to this order. In the event of partial return of the order, the Vendor shall not refund the delivery costs related to this order.
ARTICLE 7 – LIABILITY – FORCE MAJEURE
The Vendor shall not be held liable for the non-performance of the contract concluded with the Customer in the event of unavailability of the Product(s), the Product(s) being out of stock, disruption or strike of transport, communication services or any other event that is unforeseeable and beyond the control of the Parties. The Vendor’s contractual obligations are automatically suspended and its liability waived in the case of events of force majeure (as defined by Article 1218 of the French Civil Code and by French case law) likely to stop or reduce the production or transport of goods or to prevent the normal performance of sales. The Vendor shall also not be held liable for any interruption of connections, server breakdowns or electrical or other problems related to the Internet. Finally, the Vendor may not be held liable in the event that the Products sold are stored or consumed in conditions that are abnormal or incompatible with their nature. It is recalled that the Products must be stored at a temperature of between 10 and 15°C and must not in any circumstances be subjected to any temperature variation greater than 10°C. They must be kept in their original position because the preservation of the foam and the quality of the product depend on this constant position of the bottles. Furthermore, the exposure of bottles to a high temperature may lead to risks of exploding bottles.
The Products must be stored in a place that does not have an excessive degree of humidity and protects them from any contamination by odours or fumes from other products. They must always be handled with care (especially not shaken).
ARTICLE 8 – CLAIMS AND LEGAL WARRANTIES BY THE VENDOR
The Vendor is liable for any non-conformity of the delivered Products with the order in the terms of Articles L. 217-4ff. of the French Consumer Code and for any hidden defects of the Products sold in the terms of Articles 1641ff. of the French Civil Code.
For any complaint, the Vendor invites the Customer to contact Mr. Benjamin BOUDE (hereinafter the “Consumer Service”) at the address indicated in Article 14. Any claim relating to a defect in the delivered Products, an inaccuracy in the quantities or incorrect items relative to the confirmation of the order by the Vendor, must be made to the Vendor by letter or email within seventy-two (72) hours of delivery of the Products. The Customer then has a period of five (5) calendar days from delivery of the Products in which to return the non-compliant Products to the Vendor. Any non-compliant Product must be returned in its original packaging, accompanied by a copy of the invoice and any other document provided. For any practical information on how to return a Product, the Customer is invited to consult the “Delivery” page or contact the Consumer Service directly at the address indicated in Article 14.
If no repair or replacement is possible, the Vendor will propose to the Customer either the cancellation of the order and the reimbursement of the sums paid – unless the non-conformity is minor - or that the Customer keep the Products and the price be partly refunded. The costs of returning the Product(s) ordered and delivered as well as the possible delivery of another Product shall be borne by the Vendor.
Reimbursement of Products deemed non-conforming or defective shall be made as soon as possible and no later than eight (8) days after the Vendor has confirmed the non-conformity or hidden defect. The reimbursement will be made by credit to the Customer’s bank account.
The Vendor’s warranty is strictly limited to the obligation to take back, replace or reimburse defective products and the Vendor shall not in any circumstances be required to pay compensation of any kind to the Customer for any loss of any kind whatsoever or to pay any costs or penalties whatsoever due to defects affecting the products sold.
These warranties are without prejudice to the right of withdrawal provided in Article 6 above.
ARTICLE 9 – INTELLECTUAL PROPERTY
The entire Website is governed by French and international legislation in force on copyright and intellectual property.
All rights relating to the intellectual property and databases of the Website and the media published on it including, without limitation, trademarks, designs, logos, texts, images, photographs, audio and video materials are - unless otherwise stated - the exclusive property of the Vendor.
Any representation, reproduction, re-transcription, distribution, modification, adaptation, imitation, partial or total exploitation of the elements of the Website, for any public, commercial, political or advertising use, by any process whatsoever, is strictly prohibited without the express prior written authorization of the Vendor and shall render its author liable. By way of information, acts of copyright infringement are punishable in France by up to three years' imprisonment and a fine of €300,000 (Articles L 335-2ff. of the Intellectual Property Code).
The Customer may download or print certain items that are contained on the Website, provided that (i) these items are for strictly private and personal use only (ii) no copyright or other proprietary rights information is removed from these items, (iii) the downloaded or printed items are not modified, (iv) the Customer is in a country in which consumption and/or purchase of alcoholic beverages is permitted, (v) the Customer is of the minimum legal age required for consumption and/or purchase of alcoholic beverages in the country in which he or she is located.
ARTICLE 10 – PERSONAL DATA PROTECTION POLICY
The Vendor invites the Customer to regularly consult the Personal Data Protection Policy, in order to take note of any changes made to it.
ARTICLE 11 – EVIDENCE, RETENTION AND ARCHIVING OF TRANSACTIONS
The Vendor shall use all means to ensure the confidentiality and security of the data transmitted on the Website. Computerized records, maintained in the Vendor’s computer systems, under reasonable security conditions shall be considered as evidence of communications, orders, payments and transactions between the Parties, unless proven otherwise. Invoices are archived on a reliable and durable medium, in accordance with legal provisions.
ARTICLE 12 – NO WAIVER
The Vendor’s failing or forbearing to avail itself of any of the provisions of the GTCS at any given time cannot be interpreted as a waiver of the Vendor’s right to avail itself of it at a later date.
ARTICLE 13 – DISPUTES - APPLICABLE LAW
13.1. APPLICABLE LAW AND LANGUAGE OF CONTRACT
These GTCS are subject exclusively to French law. The General Terms and Conditions of Sale have been drafted in French and there is no translation into another language. If a translation of the GTCS were to be made available to one or more Customers, only the French version would prevail in the event of a dispute, in particular in the event of mediation (or any other form of alternative dispute resolution) or before a court.
In the absence of an amicable agreement between the parties, any dispute resulting from the formation, interpretation or performance of these GTCS or any order shall be subject to the jurisdiction of the Commercial Court of Reims, France.
ARTICLE 14 – CONSUMER SERVICE
You can contact the Consumer Service:
by email at the following address: email@example.com
by telephone on 03.26.58.65.02 from (except public holidays)
by post at the following address: Champagne Boude Baudin, 12 Rue des Gouttes d’Or, 51480 Cormoyeux