GENERAL TERMS AND CONDITIONS OF SALE
These general conditions of sale aim to define the rights and obligations of Champagne PHAL B. de BEAUFORT and of the Customer of products presented by Champagne PHAL B. de BEAUFORT on its website www.champagne-phalb-de-beaufort.fr (henceforth "the Site"). They apply exclusively between the company Champagne PHAL B. de BEAUFORT, 25 rue de Tours-sur-Marne, 51150 Bouzy, France, Siret: 501 211 569 00022 (henceforth “Champagne PHAL B. de BEAUFORT”) and all consumer natural person visiting or making a purchase via said Site (henceforth "the Customer").
On the Site, Champagne PHAL B. de BEAUFORT allows the Customer to order online products of the Champagne PHAL B. de BEAUFORT brand (henceforth “the Product (s)”) in accordance with these general conditions.
Any order placed with Champagne PHAL B. de BEAUFORT therefore implies unreserved acceptance by the Customer of these conditions.
These general conditions may be modified at any time and without notice by Champagne PHAL B. de BEAUFORT, the applicable conditions being those in effect at the time the order is placed. These general conditions of sale are permanently accessible at the following address: https://www.champagne-phalb-de-beaufort.fr/en/content/3-general-terms in a computer format allowing them to be printed and / or downloaded , so that the Customer can reproduce or save them at will.
2. PRODUCTS AND COMPLIANCE
2.1. The Products offered for sale are presented on the Champagne PHAL B. de BEAUFORT website and accompanied by a description.
2.2. The Products offered by Champagne PHAL B. de BEAUFORT comply with the standards applicable in France.
Items such as photographs, texts, graphics and all the information and characteristics illustrating and / or accompanying the Products are not contractual, which the Customer acknowledges.
Consequently, Champagne PHAL B. de BEAUFORT cannot be held liable for any error or omission of any of these elements or in the event of modification of said elements by suppliers and / or publishers.
3. CUSTOMER OBLIGATIONS
3.1. The Customer must be least 18 years of age and have the legal capacity or to hold parental authorization allowing them to place an order on the Site. Champagne PHAL B. de BEAUFORT also informs the Customer that the consumption of alcoholic beverages during pregnancy, even in small quantities, can have serious consequences on the health of the child.
3.2. The Customer undertakes to communicate to Champagne PHAL B. de BEAUFORT the actual elements of information necessary for the performance of the service subject to these conditions as requested online and according to their situation, in particular their surname, given name, address, phone and valid e-mail.
The Customer is responsible for the consequences resulting from false or inaccurate information transmitted or whose recovery would be illegal.
3.3. Once the order has been placed, Champagne PHAL B. de BEAUFORT sends the Customer e-mail confirmation. Champagne PHAL B. de BEAUFORT informs them of the shipment of the Products.
3.4. The Customer can modify their data in the "my account" section.
4.1. Any order will only be validated after acceptance of payment.
4.2. Champagne PHAL B. de BEAUFORT reserves the right to cancel or refuse an order in the event of a dispute with the Customer on a previous order.
4.3. Champagne PHAL B. de BEAUFORT can accept orders within the limits of available stocks. It informs the Customer of the availability of the Products sold on the Site at the time of the order confirmation.
If, despite the vigilance of Champagne PHAL B. de BEAUFORT, the products are unavailable, Champagne PHAL B. de BEAUFORT will inform the Customer by e-mail as soon as possible. The Customer can then cancel their order and be reimbursed, if applicable, the sums already paid.
The definitive or temporary unavailability can in no way engage the responsibility of Champagne PHAL B. de BEAUFORT, nor can it give rise to any right to compensation or damages in favor of the Customer.
5.1. The prices displayed on the Site are indicated in euros all French taxes included (French VAT and other taxes that may apply), excluding shipping costs, participation in order processing costs and packaging costs. Customs taxes and formalities are the sole responsibility of the Customer.
Shipping costs, participation in order processing costs and packaging costs will be indicated in the Customer's basket, before the final validation of the order.
Prices can be modified at any time, without notice and in particular in the event of change of fiscal or economic data. The items will be invoiced on the basis of the rates in effect at the time the order is placed.
6.1. Champagne PHAL B. de BEAUFORT delivers its Products in mainland France (Corsica included). It can deliver to any country on request.
The products are shipped with the delivery slip, to the delivery address indicated by the Customer when ordering. Delivery cannot be made to hotels or PO boxes. The delivery times indicated on the site are indicative times, corresponding to the average processing and delivery times. In order for these deadlines to be respected, the Customer must ensure that they have communicated exact and complete information concerning the delivery address (such as, in particular: street, building, staircase number, access codes names and / or intercom numbers, etc.).
In the event of a delivery delay of more than 7 working days, if the product has not been shipped, the Customer may cancel the order by registered letter with acknowledgment of receipt and request a refund of their order.
If the item was shipped before receipt of the cancellation of the order for a delivery delay of more than 7 days, Champagne PHAL B. de BEAUFORT will reimburse the item and the shipping and return costs, upon receiving the returned item, complete, in original condition and with all tags.
The typical delivery time for French customers is 2 to 7 working days for metropolitan France.
The customer has 30 business days from the date the items were shipped to report the non-receipt and request the resolution of the sale and the refund of the items. After this period, no resolution of the sale will be accepted.
The customer is required to check the condition of the items delivered. Any anomaly (broken or missing items, damaged package, etc.) must be reported within 3 days of delivery to Champagne PHAL B. de BEAUFORT. The customer must first make reservations on the carrier delivery note.
6.2. Champagne PHAL B. de BEAUFORT cannot be held responsible for loss, damage, errors or failure to deliver a shipment once it is established that there are circumstances beyond our control. By "circumstances beyond our control", we mean in particular:
- fortuitous or force majeure events ("acts of Gods"), namely in particular: earthquakes, cyclones, storms, floods, wars, road, train and plane accidents, embargoes, etc.
-any defects or peculiarities related to the nature of the shipment even if it would have been known to Champagne PHAL B. de BEAUFORT at the time of our acceptance,
-any act, deficiency or negligence of any third party, for example: the recipient, any interested third party, any customs employee or any other administration employee, the postal services, any carrier or other third party to whom the shipment would be entrusted by our service provider transport, to serve sectors not directly served by itself, even though the shipper has not requested or been informed of the use of a third party.
6.3. In the event of non-compliance with our commitments and whatever the cause, Champagne PHAL B. de BEAUFORT will only be required to reimburse the delivery service subject to the reservations set out above (Delay in Delivery) and in no case indirect damages that the customer would come to invoke. These indirect damages and losses are understood in particular by any loss of income, profits, interest or markets and any loss linked to the inability to use all or part of the shipment.
6.4. If a package arrives at the recipient damaged (breakage of the bottle(s)), the recipient must refuse the package. The carrier will take care of informing Champagne PHAL B. de BEAUFORT. Upon receipt of this information, Champagne PHAL B. de BEAUFORT undertakes to immediately forward an identical package to the recipient. Under no circumstances may the customer demand reimbursement of the product and the delivery package.
Full payment must be made when ordering. At no time can the sums paid be considered as a deposit or down payment. The Customer pays for their order by credit card (Visa, Eurocard / Mastercard) or by bank transfer, in accordance with the provisions of this article.
Champagne PHAL B. de BEAUFORT does not accept payment by cheque. The customer must pay with other means of payment offered.
For any transaction, the Customer will indicate the number appearing on the front of their card, the expiration date of their card and the cryptogram appearing on the back of their card (last three digits).
The communication by the Customer of their bank card number constitutes authorization for Champagne PHAL B. de BEAUFORT to debit their account up to the amount of their order.
No cash on delivery will be accepted, whatever the reason.
Champagne PHAL B. de BEAUFORT retains ownership of the item until full payment of the price by the Customer. Purchases are made in a secure manner. The payment solutions adopted by Champagne PHAL B. de BEAUFORT are 100% secure. For payments by credit card (Visa / Eurocard / Mastercard credit card and e-credit card), all the information that Customers communicate to Champagne PHAL B. de BEAUFORT are strictly protected and guarantee the compliance and security of each transaction.
8. INTELLECTUAL PROPERTY
In no case is the Customer authorized to download or modify all or part of the Site and in particular its content (listed products, descriptions, images, videos, etc.).
This Site or any part of this Site must under no circumstances be reproduced, copied, sold or exploited for commercial reasons without the express written permission of Champagne PHAL B. de BEAUFORT.
In general, all copyrights, brands and other distinctive signs and property or intellectual property rights appearing on the Site will remain the full and entire property of Champagne PHAL B. de BEAUFORT.
The Customer is therefore bound to respect intellectual property rights and may in no way use the brands appearing on the Site and on the Products, if applicable, or register a trademark which would be detrimental to the rights holder, unless otherwise provided by contract. The same is true for any other intellectual property right.
9. GUARANTEES AND RESPONSIBILITY
Champagne PHAL B. de BEAUFORT has, for all stages of access to the site, from the ordering process to the shipment of the package or subsequent services, only an obligation of means. Champagne PHAL B. de BEAUFORT cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a breakdown in service, an external intrusion or the presence of computer viruses, or any fact qualified as force majeure, in accordance with the law and case law.
Champagne PHAL B. de BEAUFORT undertakes to use the confidential information of Customers only in the context of the operation of its Site.
For the smooth running of the order, the personal data collected will be subject to computer processing, the Customer acknowledges having knowledge of it.
As such, information concerning it may be communicated to technical service providers of Champagne PHAL B. de BEAUFORT.
In addition, Champagne PHAL B. de BEAUFORT may apply technical means to obtain non-personal information relating to Internet users and intended to improve the functionality of the site, for example by tracking the number of visitors on certain pages.
In accordance with the law of January 6, 1978 amended by the law of August 6, 2004, the Customer has the right to access and rectify personal data concerning them appearing in the files of Champagne PHAL B. de BEAUFORT. All requests must be sent by email to: email@example.com or by post to the following address: Champagne PHAL B. de BEAUFORT, 25 rue de Tours-sur-Marne, 51150 Bouzy, FRANCE.
10. FORCE MAJEURE
In the event of an event of force majeure ("act of God"), the party concerned must inform the other within fifteen (15) days of the occurrence of this event, by registered letter with signature-required letter.
Expressly considered as force majeure, in addition to those usually retained by the jurisprudence of French courts and tribunals, total or partial strikes, lockouts, riots, boycotts or other industrial actions or disputes. Commercial or civil disturbance, insurgency, war, bad weather, epidemic, blockage of means of transport or supply for any reason, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal modifications or regulatory forms of marketing, computer failure, blocking of telecommunications, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing the normal performance of the contractual relationship.
All the obligations of the parties will be suspended for the duration of the force majeure event, without compensation.
If the force majeure event continues for more than three (3) months, the contract concerned may be terminated automatically without compensation for either party.
11. GENERAL DISPOSITIONS11.1. PARTIAL INVALIDITY OF A CLAUSE
If any of the provisions of these conditions is declared null or unenforceable by a competent court, it will be declared unwritten and will not result in the nullity of the other provisions.11.2. ACTUALIZATION
These general conditions may be modified at any time and without notice by Champagne PHAL B. de BEAUFORT, the applicable conditions being those in force on the date of the order by the Customer. These general conditions of sale are permanently accessible at the following address: https://www.champagne-phalb-de-beaufort.fr/en/content/3-general-terms in a computer format allowing them to be printed and / or downloaded , so that the Customer can proceed to their reproduction or their backup.11.3. APPLICABLE LAW - COMPETENT COURT
These general conditions are subject to French law as regards both substantive and formal rules. Any dispute must be the subject of a prior attempt at amicable settlement. In the absence of an amicable settlement, jurisdiction is assigned to the competent French courts, notwithstanding multiple defendants or warranty claims.11.4. REPRODUCTION OF APPLICABLE TEXTS (ORDER 2005-136 OF 17 FEBRUARY 2005, CONSUMER CODE, CIVIL CODE)
The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to it by the contract or has been carried out under its responsibility.Art. L. 211-5. of the Consumer Code
To comply with the contract, the good must: 1 ° Be suitable for the use usually expected of a similar good and, where applicable: - correspond to the description given by the seller and possess the qualities that the latter has presented to the Customer in the form of a sample or model; - present the qualities that a Client can legitimately expect given the public statements made by the seller, the producer or their representative, in particular in advertising or labeling; 2 ° Or have the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the Customer, brought to the attention of the seller and which the latter has accepted.Art. L. 211-12. of the Consumer Code
Action resulting from lack of conformity lapses two years after delivery of the goods.Art. 1641 of the Civil Code
The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the Customer has not acquired it, or has not acquired it. would have given a lower price, if he had known them.Art. 1648 paragraph 1 of the Civil Code
The action resulting from prohibitive defects must be brought by the purchaser within two years of the discovery of the defect.