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General Terms and Conditions of Sale
GENERAL TERMS AND CONDITIONS OF E-COMMERCE SALE
ARTICLE 1 - APPLICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE
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ARTICLE 2 - THE PRODUCTS
2.1. Product Description
Each product offered is accompanied by a technical data sheet outlining its essential characteristics. This data sheet includes, in particular, a photograph of the product and a technical description. Photographs or graphic representations used to illustrate the products, whether standard or customized, are not contractually binding and do not constitute a commitment on the part of the seller.
The Seller may update or supplement the technical specifications at any time and without prior notice.
The Seller complies with applicable French standards relating to the products sold. The Seller may need to modify its products and packaging to comply with these standards, in particular by incorporating mandatory logos and information. A change in labeling does not constitute a modification of the product characteristics.
2.2. Product Availability
The Seller undertakes to confirm the Customer's order by email within a maximum period of seventy-two (72) hours from receipt of the order.
Simply adding a product to your cart does not constitute order confirmation, as the product may become unavailable between the time it is added to your cart and the time you confirm your order. In this case, you will be notified directly in your cart and will be asked to remove the product from your cart to proceed with your order.
If a Product becomes unavailable after the Customer has placed an order, the Seller will inform the Customer as soon as possible by email. The Seller will offer the Customer, at their discretion and without additional charges, either a replacement with an equivalent Product, cancellation of the entire order, or continuation of the order for only the available Product(s). The amount corresponding to the unavailable Product(s) and their shipping costs will be refunded to the Customer no later than fourteen (14) days from the date of the Customer's refund request.
ARTICLE 3 – ORDER
3.1. Creating the Customer Account
Placing any order through the Site requires that the Customer has previously created a customer account (hereinafter defined as "the Customer Account"), it being specified that the creation of the Customer Account can be carried out independently of any order or prior to the validation of an order.
To create a Customer Account, the Customer must complete the provided form. This form includes "mandatory" information necessary for customer identification and order delivery (specifically, title, first name, last name, billing and delivery addresses, telephone number, password, and email address). This mandatory information is indicated by an asterisk (*) on the Website. The form also includes "optional" information that the Customer is not required to provide to place an order on the Website (information not marked with an asterisk). Upon registration, the Customer will receive an automatic email confirming the creation of their Customer Account.
It is specified that the password created by the Client is personal and confidential. It must be sufficiently complex to protect the account. In case of a forgotten password, the Client can request a new password by clicking on the "Forgot your password?" tab from the login form.
The information provided must be complete, accurate, and up-to-date. The Seller reserves the right to request confirmation from the Customer (by any means) of the information provided and of their identity.
3.2. Placing an order
To place an order on the Site, the Customer must follow these steps:
1. Select the product he/she wishes to order and add it to the cart by clicking on "Add to cart";
2. Access your shopping cart by clicking on "View my cart";
On the "Shopping Cart" page, the Customer can:
• Add/remove items from your cart;
• Enter your DISCOUNT code (promotional code) if you have one;
• View a summary of your basket, including any applied promotions.
The customer then has the choice between continuing their shopping or completing their order.
To validate the order, the Customer must click on "Validate my order".
The customer is then asked to log in to their customer account by entering their email address and password. If they do not have a customer account, they are prompted to create one. Once logged in, the customer is redirected to the "Delivery Method" page to select an address and delivery method.
Once the address and delivery method have been chosen, the Customer must select the payment method;
To finalize their order and pay, the Customer clicks on "Pay". The Customer is then redirected to the payment provider's transaction platform where they enter their bank details and confirm their payment.
Once the Customer has validated and paid for their order, they are automatically redirected to a page on the Website where the Seller confirms their order. Simultaneously, the Customer receives (i) an email from the Seller acknowledging receipt of their order, providing an order number and a summary of their order, and (ii) a payment confirmation email from the payment provider.
Any order that has not been validated cannot be processed. Therefore, simply adding a product to the cart does not constitute order validation.
The Seller may request proof of identity from the Customer. In this case, the order will only be confirmed upon receipt and validation of these documents. The order preparation time may be affected by any delay in the transmission of this information. If the documents are not provided before the order shipment date, the Seller reserves the right to cancel the order.
Regardless of the payment method chosen, the Seller reserves the right to refuse any order or delivery in the event of (i) refusal of payment authorization by the banking institution or (ii) non-payment, total or partial, of a previous order by the Customer.
The Seller's failure to confirm cannot be construed as confirmation and acceptance of the order.
ARTICLE 4 – PRICE AND PAYMENT TERMS
4.1. Price
The prices are those displayed on the Website on the date of the order. They are shown in Euros and include all taxes. They take into account the value-added tax applicable on the date of the order and include any applicable excise duties.
They do not include delivery charges applicable to any product order. These charges are billed in addition to the price of the products and vary depending on the delivery method chosen by the customer when placing their order.
At no time may the sums collected be considered as deposits or down payments.
Product prices may change between the time the order is placed and the day the products are delivered. In the event of a price change (up or down), the prices in effect on the day the order is placed (and not on the day the products are delivered) will be applied to each order.
4.2. Billing
A detailed invoice will be issued for each order. It will be available in the "My Orders" section of the Customer Account. The Customer can download and/or print their invoice.
4.3. Payment terms
The Customer has the option to use the following payment cards: Visa / MasterCard / Carte Bleue.
The customer must be the cardholder. The customer will be automatically redirected to the transaction platform of the payment provider, Payplug. Bank details are entered via a secure server, guaranteeing the security and confidentiality of the information provided by the customer during the transaction.
The customer has the option to pay via PayPal.
The order will be processed the day after the Paypal transfer is received.
It is expressly agreed that means of payment other than those listed above (cheques, cash, etc.) will not be accepted.
ARTICLE 5 – DELIVERY
5.1. Territoriality
The Products offered for sale on the Site are developed and marketed in accordance with current French standards and cannot, as such, be delivered anywhere other than within metropolitan France (including Corsica).
To ensure timely delivery, the Customer must provide accurate and complete delivery address information (including, but not limited to: street number, building number, floor, access codes, names and/or intercom numbers, etc.). Inaccurate information may result in additional delivery delays or even reshipment at the Customer's expense. The Customer remains responsible for the accuracy and completeness of the information provided when creating their account or placing an order.
5.2. Delivery times and costs
The Products are delivered via DPD services.
For all orders under one hundred and fifty (150) euros including VAT:
DELIVERY METHOD DESCRIPTION DELIVERY TIME PRICE STANDARD EXPRESS
Home delivery / to the address indicated when ordering.
The next day before noon for all orders placed before 2pm (except Saturday and Sunday) (1) €10
DPD EXPRESS PICKUP POINT | Delivery to one of the many retailers in the DPD network. Next day before noon for all orders placed before 2 pm (except Saturday and Sunday) (1) | €10
(1) Up to thirty (30) bottles per order.
For Corsica, delivery can take place within the day without any commitment to a specific timeframe.
For orders of thirty (30) bottles or more, delivery will be made by a carrier due to volume constraints. Delivery time is four (4) to five (5) business days from order confirmation. The customer will be contacted by email to schedule a delivery appointment with the carrier.
Free delivery is offered for purchases of one hundred and fifty (150) euros including VAT.
Once the order is complete, the Customer will be notified by email of the order's shipment, as well as the day and time of delivery. The Customer can track their package by visiting the Chronopost website and entering the tracking number provided in the email sent when their order was shipped.
In the event of a delivery delay exceeding seven (7) days from the delivery date indicated in the order confirmation, the Customer must inform TEVC's Customer Service department using the contact details provided in Article 14 of these Terms and Conditions. TEVC will then conduct the necessary investigations with the carrier and inform the Customer of the outcome. The Seller and the Customer will make every effort to reach an amicable solution.
5.3. Transfer of Risk and Ownership
The risks of destruction, loss or damage to the Product(s) are borne by the Seller until delivery (without prejudice to any recourse the latter may have against the carrier responsible for carrying out the delivery).
Risk of loss or damage to the Products passes to the Customer upon delivery to the address specified by the Customer. Delivery is defined as the physical handover of the Product(s) ordered to the Customer or their representative at the address provided when the order was placed. The Customer must then inspect the order upon receipt.
TEVC retains ownership of the Products, which are the subject of the order, until full payment of their price by the Customer.
5.4. Order verification upon receipt
The Customer is required to check the condition and conformity of the Products delivered upon delivery and must, if necessary, make any reservations on the delivery note.
In the presence of an apparent anomaly (in particular damaged or open package, traces of liquid, etc.), the Customer is advised not to open the package and to leave it with the carrier or service provider in charge of delivering the package.
ARTICLE 6 – RIGHT OF WITHDRAWAL
6.1. Principle
In accordance with Article L 221-18 et seq. of the Consumer Code, the Customer has a period of fourteen (14) calendar days, from the receipt of the order, to exercise his right of withdrawal without having to justify reasons or pay penalties, with the exception of return costs.
The Customer must inform the Seller of their decision to withdraw by sending an unambiguous statement by email to the following address: service.consommateurs@tevc.fr, or by post to the following address: Terroirs et Vignerons de Champagne / Service Consommateurs - CD 40 A - Plumecoq - 51530 Chouilly, France.
6.2. Return
The Products must be returned by registered mail with acknowledgement of receipt by the Customer, at the latest within fourteen (14) days from the notification of his decision to withdraw, to the following address: EURO LOGISTIQUE CHAMPAGNE - 3 rue de la Noue – 51420 CERNAY LES REIMS - France, and must be accompanied by a letter of withdrawal and a copy of the invoice.
Products must be returned unopened and undamaged, in their original packaging. If the original packaging is no longer available, the Customer must, given the nature of the Products, pack them with the utmost care to prevent any breakage. Returned Products are shipped at the Customer's expense and risk.
Any damaged product will not be accepted for return, exchange, or refund.
6.3. Reimbursement
The Customer will be reimbursed for all sums paid when ordering, as soon as possible and at the latest within fourteen (14) days following notification by the Customer of his right of withdrawal, this period may be extended to the date of receipt of the returned Products or of proof of shipment of these Products; the date retained being that of the first of these events.
The refund will be made using the same payment method that the Customer used to pay for their order.
In the event of a return of the entire order, the Seller will refund the delivery costs associated with that order.
In the event of a partial return of the order, the Seller will not refund the delivery costs related to that order.
ARTICLE 7 – LIABILITY – FORCE MAJEURE
The Seller shall not be held liable for the non-performance of the contract concluded with the Client in the event of unavailability of the Product(s), stock shortage of the Product(s), in the event of disruption or strike of transport, communication services or any other unforeseeable event independent of the will of the Parties.
The Seller's contractual obligations are automatically suspended and its liability waived in the event of force majeure events (as defined by Article 1218 of the Civil Code and by French case law) that may stop or reduce production, transport of goods or prevent the normal execution of sales.
The Seller shall also not be held responsible for interruption of connection, server failures, electrical problems or other issues related to the Internet computer network.
Finally, the Seller cannot be held liable if the Products sold are stored, kept, or consumed under abnormal conditions or conditions incompatible with their nature. It is important to remember that the Products must be stored at a temperature between 10 and 15°C and must not, under any circumstances, be subjected to temperature variations exceeding 10°C. They must be kept in their original position, as the preservation of the foam and the quality of the product depend on maintaining this consistent bottle position. Furthermore, exposing the bottles to high temperatures can lead to a risk of explosion.
The Products must be stored in a place without excessive humidity and protected from any possible contamination by odors or fumes from other products. They must always be handled with care (in particular, they should not be shaken).
ARTICLE 8 – INTELLECTUAL PROPERTY
The entire Site is subject to current French and international legislation on copyright and intellectual property.
All rights relating to the intellectual property and databases of the Site and the materials published on it, including, without limitation, trademarks, designs, logos, texts, images, photographs, audio and video material, are - unless otherwise stated - the exclusive property of TEVC.
Any representation, reproduction, transcription, distribution, modification, adaptation, imitation, or exploitation, in whole or in part, of the elements of this Site, for any public, commercial, political, or advertising purpose, by any means whatsoever, is strictly prohibited without the express prior written authorization of TEVC and will render the perpetrator liable. For your information, acts of copyright infringement are punishable in France by up to 3 years imprisonment and a fine of €300,000 (Article L 335-2 et seq. of the French Intellectual Property Code).
The Customer may download or print certain elements contained on the Site, provided that (i) these elements are exclusively for strictly private and personal use, (ii) no indication relating to copyright or any other proprietary right is removed from these elements, (iii) the downloaded or printed elements are not modified, (iv) the Customer is in a country in which the consumption and/or purchase of alcoholic beverages is permitted, (v) the Customer is of the minimum legal age required for the consumption and/or purchase of alcoholic beverages in the country in which he/she is located.
ARTICLE 9 – PERSONAL DATA PROTECTION POLICY
All personal information concerning the Customer that he or she has communicated during the use of the Site, including in particular the personally identifiable information that has been collected during any registration or ordering process, is subject to the Site's Privacy Policy, which is an integral part of these General Terms and Conditions of Sale and which is accessible here or from a link provided at the bottom of each page of the Site.
The Seller invites the Customer to regularly consult the Personal Data Protection Policy, in order to be aware of any changes made to it.
ARTICLE 10 – EVIDENCE, PRESERVATION AND ARCHIVING OF TRANSACTIONS
The Seller takes all necessary measures to ensure the confidentiality and security of data transmitted on the Site. Computerized records are stored in the Seller's computer systems under certain conditions.
Reasonable security measures will be considered as evidence of communications, orders, payments and transactions between the Parties, unless proven otherwise.
Invoice archiving is carried out on a reliable and durable medium, in accordance with legal provisions.
ARTICLE 11 – NO WAIVER
The fact that the Seller does not invoke any of the provisions of the General Terms and Conditions at any given time cannot be interpreted as a waiver by the Seller of its right to invoke them subsequently.
ARTICLE 13 – DISPUTES – APPLICABLE LAW
13.1. Applicable law and language of the contract
These Terms and Conditions are governed exclusively by French law.
The terms and conditions were written in French and there is no translation into another language.
If a translation of the Terms and Conditions should be made available to one or more Clients, only the French version shall be valid in the event of a dispute, in particular in the event of mediation (or any other alternative dispute resolution method) or before a court.
13.2. Jurisdiction
In the absence of an amicable agreement between the parties, any dispute arising from the formation, interpretation or execution of these General Terms and Conditions or any order, shall be subject to the jurisdiction of the Commercial Court of Reims (Marne, 51), France.
ARTICLE 14 – CONSUMER SERVICE
You can contact Customer Service:
• By email to the following address: service.consommateurs@tevc.fr
• By telephone at 03 26 59 55 50 from Monday to Friday from 9am to 12pm and 2pm to 5pm (except public holidays)
• By mail to the following address: Terroirs et Vignerons de Champagne - Online Store Consumer Service - CD 40 A Plumecoq, 51530 CHOUILLY
