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The website accessible at the address www.champagne-clergeandre.com (hereinafter "the Site") is an online sales site published by Champagne Clergé-André, with capital of €1,000, registered in the Reims Trade and Companies Register under number 93794121900019, whose head office is located at 23 rue du voisin 51500 Chamery, France.
These General Terms and Conditions of Sale (hereinafter "the GTC") specify the respective rights and obligations of Champagne Clergé-André and its Customers (as this term is defined below), within the framework of the online sale by Champagne Clergé-André on the Site of its champagnes (hereinafter "the Products"), in accordance with the pricing terms and conditions indicated on the Site. To download the GTC in PDF format, click here.
The offers on the Site are strictly reserved for natural persons of legal age and with full legal capacity to order on the Site (hereinafter referred to as "the Customer" or "Customers"). Customers place orders on the Site for their personal needs for delivery in mainland France (including Corsica) and Belgium. It is specified that the Customer is a consumer, that is to say, they act for purposes that do not fall within the scope of their commercial, industrial, craft or liberal activity. Customers who are "legal entities" are invited to contact the Seller's Consumer Service. By "legal entities" we mean the State, Departments, municipalities, public institutions, registered associations, commercial companies and foundations.
Any order for a Product placed on the Site implies the prior and unreserved acceptance by the Customer of these General Terms and Conditions of Sale. This acceptance is evidenced by the checkmark next to the words "By validating your registration, you declare that you have read and accepted without reservation the General Terms and Conditions of Sale, Legal Notices and Personal Data Protection Policy." at the time of creating a Customer Account (defined below).
The General Terms and Conditions applicable to the order are those in effect on the day the order is validated on the Site. They are entered into for the duration necessary to supply the Products ordered, until the expiry of any guarantees. However, the General Terms and Conditions may be subject to modification and updating by Champagne Clergé-André at any time and without notice. It is the Customer's responsibility to read the General Terms and Conditions when placing each order.
Each Product offered is accompanied by a technical sheet which presents its essential characteristics. This technical sheet includes in particular 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 character and do not engage the responsibility of the Seller in any way.
The Seller may update or supplement the technical data sheets at any time and without notice.
The Seller complies with the applicable French standards relating to the products sold. It may be required to modify its products and packaging in order to comply with these standards, in particular by integrating logos and mandatory information. A change in labeling does not constitute a modification of the characteristics of the Products.
The Seller undertakes to confirm the order to the Customer by e-mail within a maximum period of seventy-two (72) hours from receipt of the order.
Simply adding a Product to the basket does not constitute confirmation of the order, as the Product may become unavailable between the time it is added to the basket and the Customer confirms the order. In this case, the Customer will be informed directly in their basket and will be invited to remove the Product from their basket to continue their order.
In the event of unavailability of a Product after the Customer has placed the order, the Seller undertakes to inform the Customer as soon as possible by e-mail. The Seller will offer, at the Customer's choice and without additional costs, either replacement with an equivalent Product, or cancellation of the entire order, or maintenance of the order only for the Product(s) that 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 Customer's request for reimbursement.
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 form provided. This form contains "mandatory" information necessary for the Customer's identification and the delivery of their order (including 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 contains "optional" information that the Customer is not required to complete to place an order on the Site (information not indicated by an asterisk). After registering, the Customer will receive an automatic email confirming the creation of their Customer Account.
Please note that the password created by the Customer is personal and confidential. It must be complex enough to protect the account. If the password is forgotten, the Customer can request a new password by clicking on the "Forgotten 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.
To place an order on the Site, the Customer must follow the following steps:
On the “Basket” page, the Customer can:
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 log in to their Customer Account by entering their email address and password. If they do not have a Customer Account, the Customer is invited to create one. Once logged in, the Customer is directed to the "Delivery Method" page to choose an address and 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 they enter their banking information and confirm their payment.
Once the Customer has validated and paid for their order, they are automatically redirected to a page on the Site where the Seller confirms their order. At the same time, the Customer receives (i) an email from the Seller acknowledging receipt of their order, providing them with an order number and a summary of their order, (ii) a payment confirmation email from the payment service provider.
Any order that has not been validated cannot be fulfilled. Therefore, simply adding a product to the basket does not constitute validation of the order.
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 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, in whole or in part, of a previous order by the Customer.
Failure to confirm by the Seller cannot be considered as confirmation and acceptance of the order.
Prices are those indicated on the Site on the date of the order. They are indicated 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 order of products. These charges are invoiced 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 amounts collected be considered as deposits or down payments.
The prices of the Products may change between the time the order is placed and the day the Products are delivered. In the event of a price change (upward or downward), 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.
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.
The Customer has the option of using the following payment cards: Visa / MasterCard / Carte Bleue.
The Customer must be the cardholder of the card being used. The Customer will be automatically redirected to the transaction platform of the Stripe payment service provider. 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.
The Customer has the option to pay via Paypal.
It is expressly agreed that payment methods other than those listed above (checks, cash, etc.) will not be accepted.
The Products offered for sale on the Site are developed and marketed in accordance with current French standards and cannot, as they are, be delivered anywhere other than on mainland France (including Corsica).
In order to meet delivery deadlines, the Customer must ensure that they have provided accurate and complete information regarding the delivery address (such as, in particular: street number, building number, staircase number, access codes, names and/or intercom numbers, etc.). Inaccurate information may result in additional delivery delays or even reshipment at the Customer's expense, who remains responsible for the quality and accuracy of the information provided when creating their account or when placing an order.
The Products are delivered via Chronopost services.
For any order:
DELIVERY METHOD DESIGNATION TIMES RATE STANDARD EXPRESS
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 any order 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 the same day without any commitment.
For any order of thirty-six (36) bottles or more, delivery will be made by a carrier due to volume reasons. The delivery time is four (4) to five (5) working days from the order confirmation. The Customer will be contacted by email to arrange an appointment with the carrier.
Once the order is complete, the Customer will be informed by email of the shipment of the order as well as the day and time of delivery. The Customer can track their package by going to the Chronopost website and entering the tracking number provided by email when their order was shipped.
In the event of a delivery delay of more than seven (7) days compared to the delivery date indicated when confirming the order, the Customer must inform the Champagne Clergé-André Consumer Service at the contact details given in Article 14 of these General Terms and Conditions, which will then conduct the necessary investigations with the carrier and keep the Customer informed of the outcome of the investigation. The Seller and the Customer will make their best efforts to promote an amicable solution to the situation.
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 carrying out the delivery).
The transfer of risks on the Products is made on the date of delivery of the Products to the delivery address indicated by the Customer. Delivery is understood as 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 to the order, until full payment of their price by the Customer.
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 slip.
In the presence of an apparent anomaly (in particular damaged or open package, traces of liquid, etc.), the Customer is asked not to open the package and to leave it with the carrier or service provider responsible for delivering the package.
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 his right of withdrawal without having to provide reasons or pay penalties, with the exception of return costs.
The Customer must inform the Seller of his decision to withdraw by sending 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 voisin 51500 Chamery, France.
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 unopened and undamaged, in their original packaging. If the original packaging has not been retained, the Customer must, given the nature of the Products, pack them with the greatest care to avoid any breakage. Returned Products travel at the Customer's expense and risk.
Any damaged product will not be returned, exchanged or refunded.
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 being able to be extended to the date of receipt of the 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 a return of the entire order, the Seller will reimburse the delivery costs associated with this order.
In the event of a partial return of the order, the Seller will not reimburse the delivery costs associated with this order.
The Seller shall not be held liable 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 or communication services or any other unforeseeable event 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, transport of goods or prevent the normal execution of sales.
The Seller shall also not be held liable for any interruption of connection, server failures, electrical or other problems related to the Internet computer network.
Finally, the Seller cannot be held liable if the Products sold are stored / kept / preserved or consumed in abnormal conditions or conditions incompatible with their nature. It is reminded that the Products must be kept at a temperature between 10 and 15°C and must not, under any circumstances, withstand temperature variations greater than 10°C. They must be kept 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 the bottles to a high temperature can lead to risks of explosion of the bottles.
The Products must be stored in a place that does not present an excessive degree of 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 shake them).
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 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 process whatsoever, is strictly prohibited without the express prior written authorization of Champagne Clergé-André and engages the responsibility of its author. For 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 Intellectual Property Code).
The Customer may download or print certain elements contained on the Site, provided that (i) these elements are intended exclusively for strictly private and personal use (ii) no indication relating to copyright or any other property 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 authorized, (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 is located.
All personal information concerning the Customer that he/she has communicated when using the Site, including in particular personal information that has been collected during any registration or order process, is subject to the Site's Confidentiality Policy, which forms 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 changes made to it.
The Seller implements all means to ensure the confidentiality and security of data transmitted on the Site. The computerized records, stored 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.
The fact that the Seller does not avail itself at a given time of any of the provisions of the General Terms and Conditions cannot be interpreted as a waiver by the Seller of the right to avail itself of them subsequently.
These T&Cs are subject exclusively to French law.
The T&Cs were written in French and there is no translation into any other language.
If a translation of the T&Cs were to be made available to one or more Customers, only the French version would be authoritative in the event of a dispute, in particular in the event of mediation (or any other alternative dispute resolution method) or before a court.
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 will be subject to the jurisdiction of the Commercial Court of Reims (Marne, 51), France.
You can contact Consumer Services:
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