GENERAL TERMS AND CONDITIONS OF SALE AND USE
1. About us
The company EARL ETIENNE OUDART, EARL, with capital of 10 200 euros, whose registered office is in BRUGNY-VAUDANCOURT (51530) 15 street of the grange Jabled, registered with the register of trade and companies of REIMS under the number 388 014 979 represented by Mr Jacques OUDART (hereinafter the "Company"). The Company offers the following services: Buy wines and spirits.
The Company invites its Users to carefully read these Terms and Conditions of Sale and Use (hereinafter the "Terms and Conditions"). The GTC / GTC apply to all Services provided by the Company to its Customers of the same category, regardless of the clauses that may be listed on the Customer's documents and in particular its general conditions of purchase.
The GTC / GTC are systematically communicated to the Customer who requests it.
The Customer is required to read the GTC / GTC before placing an Order.
In the event of a later modification of the GTC / GTC, the Customer is subject to the version in force at the time of the Order.
The data recorded in the Company's IT system constitutes proof of the transactions concluded with the Customer.
"Customer" means any natural or legal person who places an Order on this Website;
"Order" means any order placed by the User registered on this Site, in order to benefit from the Services of the Company;
"General Conditions of Sale and Use" or "Terms and Conditions" means these general terms and conditions of sale and use online;
"Consumer" means the natural person purchaser who does not act for professional needs and / or outside his professional activity;
"Professional" means the buyer who is a legal or natural person acting in the course of his professional activity;
"Services" means all the services offered to Users by the Company through this Site;
"Site" means this Site, that is to say https://champagne-oudart.com/;
"Company" means the EARL Etienne Oudart Company, more fully designated in Article I hereof; and
"User" means any person who uses the Site.
The registration on the Site is open to all legal entities or physical majors and enjoying their full personalities and legal abilities.
The use of the Services offered on the Site is subject to the registration of the User on the Site. Registration is free.
To proceed with registration, the User must complete all the required fields, without which the service can not be delivered. Failing registration can not be completed.
Users guarantee and declare on their honor that all the information communicated on the Site, in particular during their registration, is accurate and in conformity with reality. They undertake to update their personal information from the page dedicated to them and available in their account.
Any registered user has a username and password. These are strictly personal and confidential and should in no case be the subject of communication to third parties penalty of deletion of the account of the offending registered user. Each registered User is personally responsible for maintaining the confidentiality of his username and password. The Company will in no way be held responsible for the identity theft of a User. If a User suspects fraud at any time, he must contact the Company as soon as possible so that the latter can take the necessary measures and regularize the situation.
Each User, whether a natural or legal person, may only hold an account on the Site.
In case of non-compliance with the GTC / GTC, including the creation of multiple accounts for one person or the provision of false information, the Company reserves the right to proceed with the temporary or permanent deletion of all accounts created by the 'Registered user offending.
The deletion of the account entails the definitive loss of all the benefits and services acquired on the Site. However, any Order made and billed by the Site prior to the deletion of the account will be executed under normal conditions.
In case of deletion of an account by the Company for breach of the duties and obligations stated in the GTC / GTC, it is formally forbidden for the offending User to re-register on the Website directly, through another e-mail address. or by proxy without the express permission of the Company.
5. Service Provision and Price
The Services subject of the GTC / GTC are those which appear on the Website and which are offered directly by the Company or its partner service providers.
The services are described on the corresponding page within the Site and mention is made of all their essential characteristics. The Company can not be held responsible for the impossibility of carrying out this service when the User is not eligible.
When a Registered User wishes to obtain a service sold by the Company through the Site, the price indicated on the page of the service corresponds to the price in euros all taxes included (TTC) and takes into account the reductions applicable and in force the day of the Order. The quoted price does not include the incidental expenses which will be indicated if necessary in the summary before ordering.
The Company reserves the right to modify its rates at any time. It undertakes to invoice the services at the rate applicable at the time of their Order. For services whose price can not be known a priori or indicated with certainty, a detailed estimate will be sent to the Customer.
Under no circumstances may a User request the application of discounts no longer in effect on the date of the Order.
Any Order can be made only when the User has registered on the Site. The User, when logged into his account, can add Services to his virtual basket. He can access the summary of his virtual basket in order to confirm the Services he wishes to order and carry out his Order by pressing the "Order" button.
He must then enter his address, the method of delivery and a valid payment method to finalize the order and effectively form the sales contract between him and the Company.
The registration of an Order on the Site is made when the Customer accepts the T & C by checking the box provided for this purpose and validates the Order. This validation constitutes proof of the sales contract. The finalization of the Order implies the acceptance of the prices and terms of performance of the services as indicated on the Site.
Once the Order has been placed, the Customer will receive confirmation by email. This confirmation will summarize the Order and information related to the performance of the service (s).
In the event of a payment default, incorrect Customer address or other problem on the Customer's account, the Company reserves the right to block the Customer's order until the problem is resolved. If unable to perform the service, the Customer will be informed by email to the address he has provided to the Company. The cancellation of the order of this service and its refund will be made in this case, the rest of the order remaining firm and final.
The Company may grant the Customer discounts, discounts and rebates depending on the number of Services ordered or according to the regularity of the Orders, according to the conditions set by the Company.
7. Deadlines and payment terms
Unless otherwise stated, all sales are paid in cash at the time of placing the Order.
Depending on the nature or amount of the Order, the Company remains free to demand a deposit or payment of the full price when placing the Order or upon receipt of the invoice.
Payment can be made by credit card.
In the event of total or partial non-payment of the services on the date agreed upon on the invoice, the Professional Client must pay the Company a late payment penalty at a rate equal to the rate charged by the European Central Bank for its increased refinancing operation. by 10 percentage points. The financing transaction selected is the most recent on the date of the Ordering of the Services.
In addition to the late payment, any sum, including the down payment, not paid on its due date will automatically result in the payment of a lump sum of 40 euros due for recovery costs.
In the event of total or partial non-payment of the services on the date agreed upon on the invoice, the Consumer Client must pay the Company a late payment penalty at a rate equal to the legal interest rate.
No compensation may be made by the Customer between late penalties in the provision of services ordered and amounts owed by the Customer to the Company for the purchase of Services offered on the Site.
The penalty payable by the Customer, Professional or Consumer, is calculated on the amount inclusive of taxes of the remaining amount due, and runs from the date of expiry of the price without any prior notice is required.
In case of non-compliance with the terms of payment described above, the Company reserves the right to cancel or suspend the sale.
8. Realization of services
The provision of services ordered on the Site will be provided by:
The Company undertakes to implement all human and material resources to carry out the service within the time period announced when placing the Order. However, it can in no way be held responsible for delays in the performance of services caused by fault attributable to it.
If the services have not been performed within the deadline, the resolution of the sale may be requested by the Customer under the conditions provided for in Articles L216-2 and L216-3 of the Consumer Code. The sums paid by the Client will be refunded at the latest within fourteen days of the date of termination of the contract. This provision does not apply when the delay of the Company is due to a fault of the Customer or to a case of force majeure, ie to the occurrence of an unforeseeable event, irresistible and independent of the will of the Society.
In the case where the execution of a physical service could not have been carried out or would have been postponed due to an error on the address indicated by the Customer, the travel expenses of the provider mandated by the Company to realize the unsuccessful service will be the responsibility of the Customer.
For all Orders made on this Site, the Customer has a right of complaint of 14 days from the provision of the Service.
To exercise this right of complaint, the Customer must send to the Company, at the address firstname.lastname@example.org, a statement in which he expresses his reserves and claims, together with supporting documents relating thereto.
A claim that does not comply with the conditions described above can not be accepted.
After examination of the claim, the Site may replace or refund the services as soon as possible and at its expense.
10. Right of withdrawal of the Consumer
The Consumer has a right of withdrawal of 14 days from the placing of the Order, except for the products mentioned in Article L221-28 of the Consumer Code as reproduced below:
"The right of withdrawal can not be exercised for contracts:
1 ° Provision of services fully performed before the end of the withdrawal period and whose execution began after express prior consent of the consumer and expressly waived his right of withdrawal;
2 ° supply of goods or services the price of which depends on fluctuations in the financial market beyond the control of the trader and likely to occur during the withdrawal period;
3 ° Supply of goods made to the specifications of the consumer or clearly personalized;
4 ° Supply of goods likely to deteriorate or expire rapidly;
5 ° Supply of goods which have been unsealed by the consumer after delivery and which can not be returned for reasons of hygiene or health protection;
6 ° supply of goods which, after being delivered and by their nature, are mixed inseparably with other articles;
7 ° Supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
8 ° Maintenance or repair work to be performed urgently in the consumer's home and expressly requested by him, within the limits of spare parts and work strictly necessary to respond to the emergency;
9 ° Provision of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
10 ° supplying a newspaper, periodical or magazine, except for subscription contracts to such publications;
11 ° Concluded at a public auction;
12 ° Providing accommodation services, other than residential accommodation, goods transport services, car rental, catering or leisure activities that must be provided at a specified date or period;
13 ° Providing digital content not provided on a physical medium whose execution began after express prior consent of the consumer and expressly waived his right of withdrawal. "
To exercise this right of withdrawal, the Consumer sends a declaration to the address: email@example.com.
It will be reimbursed for all fees paid for the provision of services within 14 days of becoming aware of the company's declaration of withdrawal. The refund will be made by the same means of payment as the one used for the purchase.
However, if the provision of services is already started at the date of acknowledgment of the retraction by the Company, the value corresponding to the service already provided will be deducted from the refund. The latter will be operated by the same means of payment as for the purchase.
11. Processing of personal data
The registration on the Site entails the processing of the Customer's personal data. If the Customer refuses the processing of his data, he is asked to abstain from using the Site.
This processing of personal data is done in compliance with the General Regulation on Data Protection 2016/679 of 27 April 2016.
Moreover, in accordance with the Data Protection Act of January 6, 1978, the Customer has at all times a right to question, access, rectify, modify and oppose all of its personal data by writing, by mail and justifying his identity, to the following address: firstname.lastname@example.org.
This personal data is necessary for the processing of the Order and the preparation of its invoices if necessary, as well as for improving the functionalities of the Site.
12. Sharing collected data
The Site may use third party companies to perform certain operations. By browsing the Site, the Customer accepts that third parties may have access to his data to enable the proper functioning of the Site.
These third-party companies have access to collected data only in the context of performing a specific task.
The Site remains responsible for the processing of this data.
In addition, the User may be required to receive information or commercial offers from the Company or its partners.
The User may at any time object to the receipt of these commercial offers, by writing to the address of the Company indicated above.
In addition, the information of the Customers may be transmitted to third parties without their express prior agreement in order to achieve the following purposes:
respect the law protect anyone against serious bodily injury or even death fight against fraud or damage to the Company or its users protect the Company's property rights.
13. Data protection
The Company ensures an appropriate level of security proportionate to the risks incurred as well as their probability, in accordance with the General Data Protection Regulation 2016/679 of 27 April 2016.
However, these measures are in no way a guarantee and do not commit the Company to an obligation of result concerning the security of the data.
To enable its Users to benefit from an optimal navigation on the Site and a better functioning of the various interfaces and applications, the Company may place a cookie on the User's computer. This cookie makes it possible to store information relating to the navigation on the Site, as well as any data entered by the Users (including searches, login, email, password).
The User expressly authorizes the Company to deposit on the hard disk of the user a so-called "cookie" file.
The User has the option to block, modify the retention period, or delete this cookie via the interface of his browser. If the systematic deactivation of cookies on the User's browser prevents him from using certain services or features of the Site, this malfunction can not in any case constitute damage to the member who can not claim any compensation as a result.
The Company reserves the right to modify the Site, the services offered therein, the GTC / GTC as well as any delivery procedure or other component of the services provided by the Company through the Site.
When placing an Order, the User is subject to the stipulations set out in the GTC / GTC in effect when placing the Order.
The Company can not under any circumstances be held responsible for the unavailability, whether temporary or permanent, of the Website and, even if it implements all means to ensure the continuous service, it may be that it is interrupted at any time. In addition, the Company reserves the right, by a voluntary act, to make the Site unavailable in order to carry out any update, improvement or maintenance operation.
As previously mentioned herein, the Company can not be held liable in any way for delays in performing a service for reasons beyond its control, beyond its control, unforeseeable and irresistible or whose fault can be attributed to him.
17. Intellectual property
The brand, the logo, and the graphic charter of this Site are trademarks registered with the INPI and works protected by intellectual property, the property of which is the exclusive property of the Company. Any dissemination, exploitation, representation, reproduction, whether partial or complete without the express authorization of said company, will expose the violator to civil and criminal prosecution.
18. Jurisdiction clause
The law governing the GTC / GTC is French law. Any dispute that may arise between the Company and a User during the execution of the present will be the subject of an attempt to resolve amicably. Otherwise, the disputes will be brought to the attention of the competent courts of common law.
The Client is informed that he can resort to a conventional mediation, with the Consumer Mediation Commission provided for in Article L534-7 of the Consumer Code or with existing sectoral mediation bodies. It may also use any alternative dispute resolution procedure in case of dispute.
19. Pre-contractual information
Prior to his Order, the Customer acknowledges having had communication, in a legible and understandable way, the GTC / GTC and information and information provided for in Articles L111-1 to L111-7 of the Consumer Code, and in particular:
the essential characteristics of the Services; the price of the Services; the date or time at which the Company undertakes to provide the Service; information relating to the identity of the Company (postal, telephone and electronic contact details); information on legal and contractual warranties and how they are implemented; the possibility of using conventional mediation in the event of litigation; information relating to the right of withdrawal (deadline, methods of exercise).
The placing of an Order on the Site entails adhesion and acceptance of the GTC / GTC. The Customer will not be able to rely on a contradictory document.