The offers on the Site are strictly reserved for natural persons who are of legal age and have full legal capacity to order on the Site (hereinafter referred to as “the Customer” or “the Customers”). Customers place orders on the Site for their personal needs with a view to delivery in mainland France (Corsica included) and Belgium. It is specified that the Customer is a consumer, that is to say that he acts for purposes which do not fall within the scope of his commercial, industrial, artisanal or liberal activity. “Legal entity” Customers are invited to contact the Seller’s Consumer Services. By “legal persons” we mean the State, Departments, municipalities, public establishments, declared associations, commercial companies and foundations.

Any Product order placed on the Site implies prior and unreserved acceptance by the Customer of these General Terms and Conditions. This acceptance is materialized by the notch of the words “By validating your registration, you declare to have read and accepted without reservation the General Conditions of Sale, Legal Notices and Personal Data Protection Policy.” when creating a Customer Account (defined below).

The General Terms and Conditions applicable to the order are those in force on the day the order is validated on the Site. They are concluded for the duration necessary for the supply of the Products ordered, until the expiration of any guarantees. However, the General Terms and Conditions may be subject to modifications and updates by Champagne Clergé-André at any time and without notice. It is up to the Customer to read the General Terms and Conditions during each order.

ARTICLE 2- THE PRODUCTS

2.1. Product Description

Each Product offered is accompanied by a technical sheet which presents its essential characteristics. This technical 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 nature and in no way engage the responsibility of the Seller.

The Seller may at any time and without notice update or complete the technical data sheets.

The Seller complies with applicable French standards relating to the products marketed. It may be required to develop its products and packaging in order to comply with these standards, in particular by integrating logos and notices made compulsory. A change in labeling does not constitute a modification of the characteristics of the Products.

2.2. Availability of Products

The Seller undertakes to confirm his order to the Customer by e-mail within a maximum period of seventy-two (72) hours from receipt of the order.

The simple fact of adding a Product to the basket does not constitute validation of the order, the Product may become unavailable between the time of adding it to the basket and the validation of the order by the Customer. In this case, the Customer will be directly informed in their basket and will be invited to delete the Product from their basket to continue their order.

In the event of unavailability of a Product after placing the Customer’s order, the Seller undertakes to inform the Customer as soon as possible by e-mail. It will offer, at the Customer’s choice and at no additional cost, either replacement with an equivalent Product, or cancellation of the entire order, or maintaining the order only for the Product(s) which would be available, the amount corresponding to the unavailable Product(s) and their shipping costs being reimbursed to the Customer, at the latest within fourteen (14) days from the reimbursement request by the Customer.

ARTICLE 3 – ORDER

3.1. Creation of the Customer Account

Placing any order through the Site requires the Customer to have previously created a customer account (defined below as “the Customer Account”), it being specified that the creation of the Customer Account can be carried out independently of any order or previously upon validation of an order.

To create their Customer Account, the Customer must complete the form made available to them. This form contains “mandatory” information because it is necessary for the identification of the Customer and the delivery of their order (in particular title, first name, last name, billing and delivery address, telephone number, passwords, email address). This mandatory information is indicated by an asterisk (*) on the Site. This form also includes “optional” information that the Customer is not required to complete to place an order on the Site (information not marked with an asterisk). At the end of his registration, the Customer will receive an automatic email confirming the creation of his Customer Account.

• It is specified that the password created by the Customer is personal and confidential. It will have to be quite complex to protect the account. In the event of a forgotten password, the Customer may request a new password by clicking on the “Forgotten password?” tab. » from the login form.

  The information thus communicated must be complete, accurate and up to date. The Seller reserves the right to ask the Customer for confirmation (by any means) of the information he provides and his identity.

  3.2. Placing an order

  To place an order on the Site, the Customer must follow the following steps:

  Select the Product you wish to order and add it to the basket by clicking on “Add to basket”;
  Access your basket by clicking on “View my basket”;

  On the “Basket” page, the Customer can:

Add/remove items to your cart;
Enter your REDUCTION code (promotional code) if you have one;
See the summary of your basket, including the promotions applied.

The Customer then has the choice between continuing their purchases or completing their order.

To validate the order, the Customer must click on “Validate my order”.

The Customer is then asked to identify himself with his Customer Account by providing his email address and password. If he does not have a Customer Account, the Customer is invited to create one. Once identified, the Customer is sent to the “Delivery method” page to choose an address and a delivery method.

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 “Pay”. The Customer is then redirected to the payment provider’s transaction platform where he indicates his banking information and confirms his payment.

Once the Customer has validated and paid for his order, he is automatically redirected to a page of the Site on which the Seller confirms his order. At the same time, the Customer receives (i) an e-mail from the Seller acknowledging receipt of his order, providing him with an order number as well as a summary of his order, (ii) a payment confirmation email from the service provider. payment.

Any order not validated cannot be honored. Therefore, the simple fact of adding a product to the basket does not constitute validation of the order.

The Seller may ask the Customer for proof of identity. In this case, the order will only be confirmed upon receipt and validation of these parts. The order preparation time may be influenced by any delay in the transmission of this information. In the event of non-supply of parts before the day the order is shipped, 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 organization or (ii) non-payment, total or partial, of a previous order by the Customer.

The lack of confirmation by the Seller cannot be considered as confirmation and acceptance of the order.

ARTICLE 4 – PRICES AND PAYMENT TERMS

4.1. Price

The prices are those indicated on the Site 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 delivery charges applicable to any product order. These costs are invoiced in addition to the price of the Products and vary depending on the delivery method chosen by the Customer when ordering.

At no time can 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 effect on the day of the order (and not on the day of delivery of the products) 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 has the option of downloading his invoice and/or printing it.

4.3. Payment terms

The Customer has the option of using the following payment cards: Visa Card / MasterCard / Carte Bleue.

The Customer must be the holder of the card used. The Customer will be automatically redirected to the transaction platform of the payment provider Stripe. Banking information is entered via a secure server to guarantee the security and confidentiality of the information provided by the Customer during the banking transaction.

The Customer has the option of paying via Paypal.

It is expressly agreed that means of payment other than those listed above (checks, 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 they stand, be delivered elsewhere than within the French national metropolitan territory (Corsica included).

In order for delivery times to be respected, the Customer must ensure that they have communicated accurate and complete information concerning the delivery address (such as, in particular: street number, building number, staircase number, access codes, names and/or intercom numbers, etc.). Inaccurate information may indeed result in additional delivery times or even reshipment at the expense of the Customer who remains responsible for the quality and accuracy of the information communicated when creating their account or when placing an order.

5.2. Delivery times and costs

The Products are delivered via Chronopost services.

For any order:

DELIVERY METHOD DESCRIPTION DEADLINES EXPRESS STANDARD RATE

Home delivery / to the address indicated when ordering.

EXPRESS RELAY POINT | Delivery to one of the many merchants in the Chronopost network The next day before noon for all orders placed before 2 p.m. (except Saturday and Sunday) (1)

(1) Up to thirty-six (36) bottles per order.

For Corsica, delivery can take place within the day without commitment to a deadline.

For any order of thirty-six (36) bottles or more, delivery will be made by a carrier for volume reasons. The delivery time is four (4) to five (5) working days from confirmation of the order. The Customer will be contacted by e-mail to make an appointment with the carrier.

Once the order is completed, the Customer will be informed by e-mail of the shipment of the order as well as the day and time of delivery. The Customer will be able to track their package by going to the Chronopost website and entering their tracking number provided by email when their order is shipped.

In the event of a delivery delay of more than seven (7) days from the delivery date indicated when confirming the order, the Customer must inform the Consumer Services of Champagne Clergé-André using the contact details given in article 14. of these General Terms and Conditions, who will then carry out the necessary investigations with the carrier and keep the Customer informed of the result of the investigation. The Seller and the Customer will make their best efforts to promote an amicable solution to resolve the situation.

5.3. Transfer of risks 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 that the latter may have against the carrier responsible for making the delivery).

The transfer of risks on the Products occurs on the date of delivery of the Products to the delivery address indicated by the Customer. Delivery means the physical delivery of the Product(s), subject of the order, to the Customer or his agent at the address indicated when placing the order. The Customer must then check the order upon receipt.

Champagne Clergé-André reserves ownership of the Products, subject of the order, until full payment 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 delivered upon delivery and must, where applicable, express any reservations on the delivery note.

In the presence of an apparent anomaly (in particular damaged, opened package, traces of liquid, etc.), the Customer is invited 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

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 receipt of the order, to exercise their right of withdrawal without having to provide reasons or pay penalties, with the exception of return shipping costs.

The Customer must inform the Seller of his decision to withdraw by sending him an unambiguous declaration by e-mail to the following address: contact@champagne-clergeandre.com, or by post to the following address: Champagne Clergé -André 23 rue du Neighbor 51500 Chamery, France.

6.2. Back

The Products must be returned by registered mail with acknowledgment of receipt by the Customer, at the latest within fourteen (14) days from notification of their decision to withdraw, to the following address: LOGISTIQUE CHAMPAGNE CLERGÉ-ANDRÉ – 83 rue du général castelnau – 33200 Bordeaux – France, and must be accompanied by a letter of withdrawal and a copy of the invoice.

The Products must be returned, neither opened nor damaged, in their original packaging. If the original packaging has not been preserved, the Customer must, taking into account the nature of the Products, package them with the greatest care, in order to avoid any breakage. The returned Products travel at the expense and risk of the Customer.

Any damaged product will not be returned, exchanged or refunded.

6.3. Refund

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 receipt of returned Products or proof of shipment of these Products; the date retained being that of the first of these facts.

The refund will be made by the same means of payment as that used by the Customer to pay for their order.

In the event of return of the entire order, the Seller reimburses the delivery costs linked to this order.

In the event of partial return of the order, the Seller will not reimburse the delivery costs linked to this order.

ARTICLE 7 – LIABILITY – FORCE MAJEURE

The Seller cannot be held responsible for non-performance of the contract concluded with the Customer in the event of unavailability of the Product(s), out of stock of the Product(s), in the event of disruption or strike of transport services, communication or any other unforeseeable fact beyond the control of the Parties.

The Seller’s contractual obligations are automatically suspended and its liability released in the event of force majeure events (as defined by article 1218 of the Civil Code and by French case law) likely to stop or reduce production, the transport of the goods or prevent the normal execution of sales.

The Seller cannot be held responsible for connection interruptions, server failures, electrical or other problems linked to the Internet computer network.

Finally, the Seller cannot be held liable in the event that the Products sold are stored / stored / preserved or consumed in abnormal conditions or incompatible with their nature. Please note that the Products must be stored at a temperature between 10 and 15°C and must, under no circumstances, withstand a temperature variation greater than 10°C. They must be maintained in their original position because the conservation of the foam and the quality of the product depend on this constant position of the bottles. Furthermore, exposing bottles to high temperature can cause the bottles to risk exploding.

The Products must be stored in a place that does not have excessive humidity and protects them from any possible contamination by odors or fumes from other products. They must always be handled with care (in particular, do not be shaken).

ARTICLE 9 – 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 media published on it, including, without limitation, trademarks, designs, logos, texts, images, photographs, audio and video material are – unless otherwise stated contrary – the exclusive property of Champagne Clergé-André.

Any representation, reproduction, transcription, distribution, modification, adaptation, imitation, partial or total exploitation of the elements of the Site, for any public, commercial, political or advertising use, by any means whatsoever, is strictly prohibited without prior authorization. express and written by Champagne Clergé-André and engages the responsibility of its author. For your information, acts of copyright infringement are punishable in France by penalties of up to 3 years of imprisonment and a fine of 300,000 euros (art. L 335-2 et seq. of the Code of intellectual property).

The Client may download or print certain elements which are contained on the Site, provided (i) that these elements are exclusively intended for strictly private and personal use (ii) that no indication relating to copyright or any other ownership rights are withdrawn 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 authorized, (v) that the Customer is of the minimum legal age required for the consumption and/or purchase of alcoholic beverages in the country in which it is located.

ARTICLE 10 – PERSONAL DATA PROTECTION POLICY

All personal information concerning the Customer that he/she communicates when using the Site, including in particular personal information that will have been collected during any registration or order process, is subject to the Site Confidentiality Policy, which is an integral part of these General 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, to be aware of any modifications made to it.

ARTICLE 11 – EVIDENCE, PRESERVATION AND ARCHIVING OF TRANSACTIONS

The Seller uses all means to ensure the confidentiality and security of data transmitted on the Site. Computerized records, kept in the Seller’s computer systems, under conditions

reasonable security measures will be considered as proof 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 – NON WAIVER

The fact that the Seller does not avail itself at a given time of any of the provisions of the General Conditions of Sale cannot be interpreted as a waiver for the Seller to avail itself of it at a later date.

ARTICLE 13 – DISPUTES – APPLICABLE LAW

13.1. Applicable law and contract language

These General Terms and Conditions are subject exclusively to French law.

The General Terms and Conditions have been drawn up in French and there is no translation into another language.

If a translation of the General Terms and Conditions were to be made available to one or more Customers, only the French version would be authentic in the event of a dispute, particularly in the event of mediation (or any other alternative method of dispute resolution) or before a court. .

13.2. Assignment of jurisdiction

In the absence of an amicable agreement between the parties, any dispute resulting from the formation, interpretation or execution of these General Terms and Conditions or any order, will be subject to the jurisdiction of the Commercial Court of Reims (Marne, 51 ), France.

ARTICLE 14 – CONSUMER SERVICE

You can contact Consumer Services:

By e-mail to the following address: contact@champagne.clergeandre.com
By post to the following address: Champagne Clergé-André 23 rue du voyage 51500 Chamery, France