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General terms and conditions of sale

SARL CHAMPAGNE CHAPUT JACQUES & FILS
SIRET 39476179500019 et dont le siège social est situé :
1 Rue Blanche10200 ARRENTIERES, FRANCE
Tel: 0325270014

email : contact@jacques-chaput.com

1. Application of the General Terms and Conditions of Sale

1.1 These general conditions of sale (the ‘GCS’) apply to the sale of products (the ‘Products’) by SARL CHAMPAGNE CHAPUT JACQUES & FILS, 1 Rue Blanche, 10200 ARRENTIERES, FRANCE, (the ‘Vendor’), to any customer (the ‘Customer’), on the website https://www.jacques-chaput.fr/ (the ‘Website’) and in the territory (the ‘Territory’).

1.2 The fact that any Customer orders one or more Products from the Seller implies full and complete acceptance of these GCS. In accordance with the law, these GCS constitute the basis of the commercial negotiation and consequently prevail over any contrary provision that may emanate from the Customer.

2. Definitions

2.1 For the application and interpretation of these GTC, the following words and expressions shall have the corresponding definitions: ‘Customer’:(V1. For consumers:)Any natural person, end user of the Products, acting for his own personal needs and acquiring Products from the Seller on the Internet Site. (V2. For professionals:)Any natural person or legal entity acting for professional purposes and acquiring Products from the Vendor on the Web Site with a view to their use for professional purposes or their resale. Order": The act of the Customer clicking on the “Confirm my order” icon, after accepting these GTC, under the conditions defined in article 3.

‘Intellectual Property Rights": any right belonging to the Seller, patents, trademarks, designs and models, whether registered or not, logos, photographs, trade names, copyrights, inventions, methods and original know-how, databases, technical, commercial or financial information or any other intellectual property right protected in one or more countries. ‘Party": the Customer, on the one hand, and the Seller, on the other hand, together the “Parties”. ‘Products": the bottles of wine manufactured and marketed by the Seller, as offered for sale on the Web Site. Website": the website https://www.jacques-chaput.fr/. “Territory”: mainland France and Corsica. Seller": SARL CHAMPAGNE CHAPUT JACQUES & FILS, specialising in the manufacture and marketing of the Products defined above.

3. Orders

3.1 Prior to placing an Order and in accordance with article L. 3342-1 of the French Public Health Code, the Customer must confirm that they are over eighteen (18) years of age. If the Customer fails to click on the button confirming this age, the Order process will not be able to continue.

3.2 The Order shall be placed with the Vendor by the Customer, by clicking on ‘Confirm my order’, in accordance with the Customer's selection in his/her ‘Shopping Cart’.

3.3 When placing an Order, the Customer expressly accepts these General Terms and Conditions by clicking on ‘I accept these General Terms and Conditions of Sale’. This click constitutes acceptance and implies the Customer's full and unreserved agreement.
3.4 The Order shall only be valid once the Customer has provided all the information required for the proper execution of the Order. These details are as follows:- Invoice address, Customer name, e-mail address, telephone number, SIREN/SIRET number and/or intra-Community VAT number; and- Delivery address and telephone number of the recipient.
3.5 The Customer guarantees the accuracy of all this information. Should any or all of the delivery addresses prove to be incorrect, forcing the Vendor to return the Orders to its warehouse, the Customer shall bear the consequences thereof and the Vendor shall be entitled to invoice the administrative and transport costs associated with the return of the Orders.
3.6 The Customer's Order shall systematically be confirmed by e-mail, sent to the address indicated by the Customer at the time the Order was placed. This confirmation email shall include an invoice in the Customer's name, summarising the details of the Order.
3.7 Offers associated with a promotional code are valid for a set period of time, which shall be communicated to the Customer when the promotional code is issued. Promotional codes are valid on targeted products and/or on the total order, excluding delivery costs.

3.8 Orders are placed subject to the Seller's availability. In the event of a stock shortage, the Vendor shall inform the Customer by e-mail of the cancellation or partial delivery of the Order. Upon receipt of this information, the Customer shall choose one of the following two options:- to be supplied with a product of equivalent quality and price, subject to stock availability, for example the next vintage or an equivalent wine; or- to be refunded the price of the Product ordered within thirty (30) calendar days of his/her request.

3.9 In the event of such a stock shortage, the Vendor shall not be held liable for the material impossibility of fulfilling the Order. Where applicable, the Vendor undertakes to refund the price of the Products ordered that have been cancelled, including the corresponding delivery costs. The same shall apply to any additional delivery costs incurred as a result of such cancellation.

4. Delivery

4.1 The Seller shall use its best endeavours to comply with the contractual delivery times.

4.2 Products shall be delivered, depending on their destination, within a maximum of five (5) to eight (8) working days from the date of the Product Order, unless a specific stipulation is indicated to the Customer before the Order is confirmed. In this case, the Vendor shall provide the Customer with an estimated delivery date range.

4.3 The Product(s) ordered shall be delivered to the delivery address indicated by the Customer in his/her Order. The Vendor delivers to Metropolitan France.

4.5 For the purposes of calculating the number of bottles included in the delivery, it is specified that one magnum (1.5 litres) will be considered to be equivalent to two bottles.

4.6 Delivery is made by carrier. If delivery is not made to the address indicated by the Customer within ten (10) working days after the estimated delivery date indicated by the Seller, the Customer may cancel the Order on the Web Site. However, such cancellation shall not be possible if the Seller is prevented from doing so by a case of force majeure, as defined in article 12 of the General Terms and Conditions of Sale, and shall have informed the Customer thereof as soon as possible.

4.7 Within ten (10) working days following the Customer's request for cancellation, the Seller shall make a request to its bank for a refund of the total Order to the Customer.4.8 In order to monitor their order, Customers may contact the consumer service by email at the following address: email champagne.chaput.jacques@orange.fr or by telephone on: Tel: 03 25 27 00 144.9 Each delivery shall be accompanied by a delivery note attached to the parcel and listing the Products contained therein.

5. Prices

5.1 The price applicable to the sale is that in force on the day of the Order, as indicated on the Web Site before the Order is validated by the Customer.

5.2 The price is indicated inclusive of all taxes. Shipping costs are also indicated to the Customer prior to acceptance of the General Terms and Conditions and validation of the Order.

6. Terms and conditions of payment

6.1 The Customer shall pay for the Order by payment card at the time the Order is validated. The payment cards accepted are CB, Visa, Master Card and American Express. The Customer's account will be debited immediately after acceptance of these GTC and validation of the Order, when the confirmation email is sent.

6.2 The Customer guarantees that he/she has the necessary rights to use his/her payment card and that he/she is fully authorised to use it to pay for the Order. They also guarantee that this card gives them access to sufficient funds corresponding to the amount of their Order. Failing this, the Vendor reserves the right to cancel the sale under the conditions set out in article 11.6.3. For its part, the Vendor uses a secure SSL-type payment method. Consequently, the Seller cannot be held responsible for any fraudulent or improper use of the means of payment, over which it has no control.

7. Conformity of the Products

7.1 Upon each delivery of Products, the Customer must immediately check that the delivery received complies with the Order placed. This check will be carried out on the basis of the following criteria, unless otherwise agreed in writing: compliance with the place and method of delivery, compliance with the nature and quantity of the Products delivered in relation to the quantity accepted and recognised by the carrier at the time of loading, and the condition of the packaging boxes.

7.2 Where applicable, the Customer shall express his reservations, clearly and precisely, on the carrier's delivery note, and then on the delivery note in accordance with articles L.133-3 et seq. of the French Commercial Code. The Customer shall simultaneously send a copy of the letter to the Vendor by registered letter with acknowledgement of receipt.

7.3 If the Product delivered to the Customer does not conform to the Order, it must be returned to the Vendor, at the Vendor's expense, after having been the subject of reservations under the conditions described in 7.2 above.


7.4 The Customer may ask the Vendor to:- either deliver a Product that conforms to the one ordered (subject to available stocks);- or deliver a Product of equivalent quality and price (subject to available stocks);- or refund the price of the Product within thirty (30) days of the Customer's request.
7.5 In the event of non-conformity, the costs of returning the Product ordered and delivered to the Customer, as well as the possible delivery of another Product, will be borne by the Seller.For the information of the consumer Customer, the applicable articles of the Consumer Code are quoted below:- Article L211-4 Consumer Code: ‘The seller is obliged to deliver goods that conform to the contract and is liable for any defects in conformity that exist at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was his responsibility under the contract or was carried out under his responsibility’.- Article L211-5 of the French Consumer Code: ’To be in conformity with the contract, the goods must:1// Be fit for the use normally expected of similar goods and, where applicable:- correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model; 
- have the qualities that a purchaser may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling; 2// Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter’ - Article L211-12 of the French Consumer Code: “Any action resulting from a lack of conformity shall be barred after two years from delivery of the goods”.
 

8. Right of return for Customers (Article 8 specific to the Consumer GCS)

8.1 This article only applies to a sale made to a Customer who is a natural person, acting for his or her own personal needs and having the status of a consumer, to the exclusion of any professional Customer who does not benefit from the right of withdrawal provided for in the Consumer Code.

8.2 In application of the provisions of article L.121-20 of the French Consumer Code, the Consumer Customer has a period of seven (7) clear days from receipt of the Order to return the Products delivered for exchange or reimbursement, at the Customer's discretion, without penalty, with the exception of the return and initial shipping costs, which shall remain at the Customer's expense.

8.3 The Customer may exercise this right of withdrawal by indicating the option chosen (exchange or refund) by email (to the address: champagne.chaput.jacques@orange.fr or by post to the following address: SARL CHAMPAGNE CHAPUT JACQUES & FILS SIRET 39476179500019 and whose registered office is located at: 1 Rue Blanche, 10200 ARRENTIERES, FRANCE

8.4 The average period for obtaining reimbursement or replacement of Products is maximum (30) days.

8.5 However, refund or exchange options are only open to the Customer under the following conditions: - that the Customer's request letter clearly and legibly indicates the reference number of the return obtained on the Website; - that the Product is properly protected, in its original packaging, in perfect condition for resale (not damaged, damaged or soiled) accompanied by all its possible accessories; - that the Product is accompanied by the delivery note so as to allow for the Seller to identify the Customer and the Order concerned; - without the Product having been opened, consumed (even partially) or used in any way whatsoever, that is to say provided that the Products are in a condition allowing their resale. - In the case of corked wine, the returned bottle must contain a sufficient quantity (minimum 50cl)
8.6 The costs and risks linked to the return of the Product are the responsibility of the Customer. 8.7 If the Customer chooses reimbursement, this will be made by any means of payment within thirty (30) days from receipt by the Seller of the request to exercise the right of withdrawal by the Customer, provided that the Product has been returned to the Seller in compliance with the conditions listed above.

9. Retention of title clause

9.1 The Products sold shall remain the full and complete property of the Seller until full payment of the price and related costs by the Customer and effective collection by the Seller of the sums due under the Contract. Until full payment has been made, the goods shall remain in the custody of the Customer, who shall bear the risks thereof.

9.2 The implementation of this retention of title clause shall have no effect whatsoever on the transfer of risks to the Customer, which takes place upon receipt of the Products by the Customer.

10. Guarantees

10.1 The Products are manufactured in accordance with the rules of the trade, prudence and custom, in order to ensure the safety and quality of the Products.

10.2 The Seller guarantees that the Products present the safety that may legitimately be expected, provided that the Products are used by the Customer under normal conditions or conditions reasonably foreseeable by the Seller. In this respect, the Customer is reminded that the abuse of alcohol is dangerous to health and that its consumption must remain moderate.

10.3 The Vendor may not be held liable in the event of:o damage caused to the Customer by excessive consumption and/or misuse of the Products (other than that mentioned above), or by the Customer's fault or negligence;o damage caused by the Customer by excessive consumption of the Products;o indirect damage that may arise from the purchase of one of the Products on the Web Site;o non-performance by the Vendor in the event of force majeure.
10.4 The Seller does not grant any particular guarantee and is only liable within the limits of the legal guarantees. In the event of a defect in the Products and/or their non-conformity and/or a delivery error constituting a substantial breach of the performance of the Contract, the Vendor's liability shall be limited to replacing, at its own expense, the Products paid for by the Customer or to refunding the Customer after the Products have been returned, at the Customer's discretion.
10.5 Consequently, the Seller shall not be held liable for purchases made by persons under the age of 16 who have deliberately declared that they were older.
10.6 Every effort has been made by the Seller to ensure the accuracy of the information presented on the Website. To this end, the Seller has taken the necessary steps to ensure that the photographic representation of the Products on the Website is as faithful as possible to the Products themselves. However, due to the digital presentation of the Products, it is possible that the Customer's perception of the photographic representation of the Products does not correspond exactly to the actual Product. The photos and descriptions of the Products are therefore not contractual. (V.1 Warranty against hidden defects for Consumer Customers)The Seller is liable for any hidden defects in the goods which render them unfit for their intended use or which impair this use to such an extent that the buyer would not have purchased them, or would only have paid a lower price for them, had he or she been aware of them. If the consumer Customer notices a defect in the Products, the origin of which predates the sale, he has a period of two (2) years from the date of discovery of the defect. (V.2 Guarantee of hidden defects with regard to professional Customers)The Customer, in his capacity as an informed professional, has a period of two (2) months from the date of delivery to report any hidden defects in the Products to the Vendor.
10.7 In this case, the Customer shall leave the Products in dispute at the Vendor's disposal, who shall arrange for them to be collected at the Customer's expense with a view to analysing them themselves. In any event, the Customer claiming the existence of a hidden defect must be able to demonstrate that:o the defect predated the sale;o the product was kept and stored in temperature, hygrometry and vibration conditions appropriate to the nature of the Products;o the defect is not linked to time or to the normal evolution of the Product.
10.8 In the event of confirmation of the defect by the Vendor, the Customer will have the following options:- either to be supplied with a Product that conforms to that ordered (subject to available stocks);- or to be supplied with a Product of equivalent quality and price (subject to available stocks);- or to be reimbursed for the price of the Product within thirty (30) days of his/her request.10.9 In the event of a refund, if only one (1) or two (2) bottles are involved, the Customer will be refunded the value of the Products in the form of a credit note (gift voucher). In the case of more than two (2) bottles, the refund will be made by bank cheque made payable to the Customer. (Mandatory information specific to consumers)For the proper information of the consumer Customer, the applicable articles of the Civil Code are quoted below:- Article 1641 of the Civil Code: ‘The seller is liable for the guarantee in respect of hidden defects in the item sold which render it unfit for the use for which it was intended, or which reduce this use to such an extent that the buyer would not have purchased it, or would only have paid a lower price for it, if he had known of them’. - Article 1648, paragraph 1 of the French Civil Code: ‘The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect’.

11. Cancellation

11.1 Any failure by the Customer to comply with its obligations under the GTS, and in particular any payment incident relating to an Order, may result in the cancellation of the Order and the termination of the Customer's account, without prejudice to any damages that the Vendor may seek. Consequently, the Vendor reserves the right to refuse any future Order from a Customer with whom such a dispute exists.

12. Force majeure

12.1 The Seller shall not be held liable in the event of non-performance of any of its commitments to the Customer, if such non-performance is due to an event of force majeure such as war, strike (internal or at one of its service providers), lock-out, accident, fire, frost, flood, bad weather, interruption or suspension of means of communication and/or transport, blockade, export blockade, import or export prohibition, cessation of production or delivery, regulatory decision by an administrative control authority, etc.12 .2 In this situation, the Seller shall duly inform the Customer of this impossibility and of the measures taken to remedy it. .2 In such a situation, the Seller shall duly inform the Customer of this impossibility and of the measures taken to remedy it.

13. Intellectual Property Rights

13.1 The Parties acknowledge that the Contract entered into between them does not entail any transfer of ownership of any kind whatsoever of the Intellectual Property Rights held by each of them.

13.2 Unless expressly agreed by the Parties, the Seller's Intellectual Property Rights may not be exploited in any way whatsoever (in particular, alteration, modification or simple use) by the Customer.

14. Use of the Website and personal information

14.1 Use of the Website does not confer any rights. All rights used or represented on the Web Site remain the exclusive property of the Seller and may not be reproduced, distributed, resold, marketed or used for purposes other than personal by users, whether Customers or not, without the Seller's prior written consent.

14.2 The Website is provided ‘as is’, accessible according to its availability and without any guarantee from the Vendor. Use is at the User's own risk. The Vendor does not guarantee that (i) the Site, the content and the Products offered will perfectly meet the User's expectations, (ii) the Site will be uninterrupted and free of all errors, (iii) the Site will not contain any viruses.
14.3 Computerised records are kept in the Vendor's computer systems under reasonable security conditions as proof of communications, orders and payments made by the Customer. Order forms and invoices are archived on a reliable and durable medium. The Vendor shall take all necessary steps to ensure the confidentiality and security of data transmitted on the web and on the https://www.jacques-chaput.fr/ site.
14.4 Pursuant to the French Data Protection Act no. 78-17 of 6 January 1978, Customers have the right to access, modify, rectify and delete any data concerning them by sending an e-mail to the following address: champagne.chaput.jacques@orange.fr. More specifically, when placing an Order and providing the Customer's personal details, the Customer is asked to give his/her consent (i) if he/she wishes to receive information about the Vendor's Products, and (ii) if he/she agrees to his/her details being exchanged with the Vendor's partners.

14.5 In the absence of the Customer's express agreement by clicking on each of the headings, the Seller undertakes not to make any such use.

 

15. Miscellaneous

15.1 In the event that any of the terms of the General Terms and Conditions of Sale are deemed illegal or unenforceable by a court decision, the other provisions shall remain in force.

 

16. Jurisdiction

16.1 These GTC, as well as any Contract concluded in application of the GTC, are subject to French law. The contractual information is presented in the French language and the Products offered for sale comply with French legislation.

16.2 The courts of the Seller's registered office have exclusive jurisdiction over any dispute arising from the application of these GTCS.

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