TERMS OF SALES
Alcohol abuse is dangerous for health. Drink Responsibly.
The sale of alcohol to minors under 18 is prohibited.
Last updated on January 3, 2018
ARTICLE 1: FIELD OF APPLICATION
These Terms of Sales are applied to all orders placed through the website of Champagne Carbon and whatever may be the clauses that may appear on the documents of the buyer.
The Customer acknowledges having read these General Terms and Conditions of Sale and accepts the terms thereof. In a case not covered by these General Terms and Conditions of Sale, it is the rules of distance selling of the place where the company’s registered office would apply.
ARTICLE 2: ORDERS
Champagne Carbon agrees to accept orders placed under the terms of these General Terms and Conditions of Sale and within the limits of available stocks.
In the event of out of stock, Champagne Carbon undertakes to communicate the lead times necessary to obtain the desired product or to propose a replacement product. Champagne Carbon will honor each order by making one or more deliveries of the products ordered.
By validating his order, the Customer declares to have read and accept these Terms and Conditions. The preparation and shipping of an order can be implemented after receipt of payment. An invoice will be sent by email as soon as the order is shipped.
Champagne Carbon reserves the right to cancel all non-compliant or doubtful orders, as well as those from a Customer with whom there is any dispute.
ARTICLE 3: PRICE
Prices quoted inclusive of includes all taxes (applicable VAT, excise and all other applicable taxes on the day of the conclusion of the order, any change may be reflected in the price of products).
In case of delivery outside mainland of France, the prices shown are VAT included and are supplemented with excise duties and other taxes of the Customer’s country (and any other applicable taxes on the day of the conclusion of the order, all change that may be reflected in the price of the products), as well as administrative management fees for customs formalities.
Product prices may change at any time depending on Champagne Carbon’s pricing policy. The ordered products are invoiced at the price in force at the time of the order’s registration.
Product offers and prices are valid only as long as they are visible on the site and within the limits of available stocks.
Prices shown are net and excluding postage. Shipping costs may vary depending on the number of products ordered and the country of shipment.
ARTICLE 4: VALIDITY OF OFFERS
Products and promotional offers are offered within the limits of available stocks.
Champagne Carbon cannot be held responsible for a possible out of stock which would cause a delay in the delivery of the order.
In case of unavailability of one or more products after the validation of the order, Champagne Carbon undertakes to inform the Customer by e-mail as soon as possible. In agreement with the Customer, Champagne Carbon may modify the order or refund the unavailable product(s) by crediting the credit card used for the order.
ARTICLE 5: DELIVERY
Champagne Carbon delivers in Metropolitan France and in Europe, for which customs formalities are necessary. Shipping fees are automatically calculated on our site according to the destination of the order and the quantity of products ordered.
Deliveries for any other destination must be subject to a specific quote.
The delivery time of the orders is 7 working days for Metropolitan France after the reception of the payment. Business days are exluding Saturdays, Sundays and National holidays, as well as days when road transport is prohibited. These deadlines are indicated in the confirmation of the order received by e-mail by the Customer. The order is delivered to the delivery address chosen by the Customer.
The Customer is required to carefully check his packages upon delivery to immediately issue any reservations to the carrier. No complaint can be considered admissible if the Customer accepted without reserve his parcels during their delivery.
Any error or modification made by the Customer in any current delivery order will result in an extension of the expected delivery time. Additional costs will be borne by the Customer.
ARTICLE 6: RETRACTATION
In application of the provisions of Article L.221-18 of the Consumer Code, the Customer has a period of fourteen clear days from the delivery of his order to return the delivered item for exchange or refund, at the Customer’s choice, without penalty, except for the return costs.
In accordance with Article L. 221-28 of the Consumer Code, the Customer is informed that the right of withdrawal cannot be exercised for certain contracts.
The notification of the will of retraction can be done by the form made available on our site or with our Customer Service by mail or telephone (see the page Contacts for the contact details)
Champagne Carbon undertakes to reimburse the Customer within a maximum period of fourteen days after notification of the withdrawal and subject to the return of the products. The costs of returning the product remain the responsibility of the Customer.
Returns must be sent to:
SARL Champagne Carbon
7 rue Pierre Pflimlin
ARTICLE 7: PAYMENT
Any order implies a payment defined according to the methods and means specified in the ordering process.
Payments by credit card are made via a secure online payment service.
Champagne Carbon never have access to customer banking data.
A payment order made by credit card cannot be canceled. Therefore, the payment of the order by the buyer is irrevocable, without prejudice to the Customer to exercise his right of withdrawal or subsequent cancellation of the order.
ARTICLE 8: RESERVATION OF PROPERTY
In accordance with the law of May 1st, 1980, the products delivered to the Customer are sold subject to ownership. The transfer of ownership is subject to the total payment of the price of the products by the Customer, at the time agreed between the parties. In case of non-payment of the total price of the goods at the agreed expiry date, Champagne Carbon may claim ownership of the goods at the expense and risk of the Customer.
ARTICLE 9: PERSONAL DATA
All data provided during your visits to Champagne Carbon Clients are strictly confidential. No data or personal details of Customers will be sold or rented to anyone without their prior consent. The personal data of the customers will be used by Champagne Carbon for the processing of the orders and, if necessary in order to contact them on information exclusively related to our services: accounting, control and selection of credit card or other card of payment, analyzes marketing and statistics, testing, maintenance and system development, customer surveys, customer relations, improving our future communications, and better identification of customer needs and preferences. Once registered on Champagne Carbon, the Customer will be able to access the “My Account” page and modify his personal data.
Champagne Carbon may collect, store and use the following data: name, email address, physical address, date of birth and sometimes delivery information, billing or other information related to the order.
In application of the law “Informatique et Libertés” of January 6th, 1978, the Customer has a right of access, modification, rectification and deletion of the data which concern him. The Customer may exercise this right by sending a letter to the Customer Service (see Contact page for contact details)
The automated processing of personal information on the Champagne Carbon site has been declared to the National Commission for Data Processing and Freedoms.
The Customer has the option to disable the use of these cookies by selecting the appropriate settings on his computer. However, this deactivation will prevent access to certain features of the site.
ARTICLE 11: GUARANTEES
Champagne Carbon is bound by the legal guarantee of latent defects, within the meaning of Article 1641 of the French Civil Code: “The seller is bound by the guarantee for reasons of hidden defects of the thing which render it improper for the use of which they are destined for it, or which diminish so much this use, that the buyer would not have acquired it, or would have given it a lesser price, if he had known them “. Consequently, the Customer has up to 2 months after the delivery date to send his complaint to Champagne Carbon. Beyond this deadline, the Champagne Carbon company will not be able to guarantee the products anymore and the Customer will have to prove that their possible alteration is prior to their reception.
The products benefit from the legal guarantee of conformity envisaged by articles L217-4 and following of the Code of the Consumption.
It is recalled that the Customer:
– Has a period of two years from delivery of the property to act;
– Can choose between repair or replacement of the property, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
– Is exempted from reporting the proof of the existence of the lack of conformity of the good during the twenty-four months following the delivery of the good.
Customers wishing to invoke the legal guarantee of conformity must inform Champagne Carbon. If the reasons for the return are justified, the Products concerned returned to the address mentioned in article 6 above, under the same conditions as those governing the exercise of the right of withdrawal. Delivery charges will be refunded.
The refund of the Product(s) returned will be made by crediting the bank account linked to the credit card used to pay the order.
The redemption date may be deferred until the effective date of receipt of the Product (s) at the above address.
ARTICLE 12: LIABILITY
All texts and photos presented are for information purposes only and are in no way contractual. Champagne Carbon reserves the right to make changes on its website, its procedures and these Terms and Conditions. The Customer is subject to the General Conditions of Sale in force at the time of placing his order. Champagne Carbon cannot be held responsible for, or considered as having failed in these conditions, for any delay or non-performance, when the cause of the delay or the non-performance is related to a case of force majeure as it is defined by the French courts and tribunals.
ARTICLE 13: APPLICABLE LAW
The language of this contract is French. All clauses of these General Terms and Conditions of Sale, all transactions and purchase transactions made from the Champagne Carbon site as well as by mail and telephone are governed by French law and court. Any dispute that will not find an amicable agreement will be the jurisdiction of the Courts of the head office of the Champagne Carbon Company or the court of the department chosen by the Client.
ARTICLE 14: PROTECTION OF MINORS
In accordance with Article L. 3342-1 of the Public Health Code, the sale of alcohol to minors under the age of eighteen (18) is prohibited. The Customer agrees to be 18 years old by placing an order on the Champagne Carbon website.
MAIN APPLICABLE TEXTS
ARTICLE L217-4 OF THE CONSUMER CODE
“The seller delivers a good in accordance with the contract and responds to defects of conformity existing at the time of delivery.
He also responds to any lack of conformity resulting from the packaging, assembly instructions or the installation when it was charged to him by the contract or was carried out under his responsibility “.
ARTICLE L217-5 OF THE CONSUMER CODE
“The property is in accordance with the contract:
1 ° If it is fit for the customary use of a similar good and, where applicable:
– if it corresponds to the description given by the seller and possesses the qualities that he has presented to the buyer in the form of a sample or a model;
– it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, including advertising or labeling;
2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, made known to the seller and the latter has accepted “.
ARTICLE L217-12 OF THE CONSUMER CODE
“The action resulting from the lack of conformity is prescribed by two years from the delivery of the good”.
ARTICLE L221-28 OF THE CONSUMER CODE
“The right of withdrawal cannot be exercised for contracts (…):
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 (…) “.
ARTICLE 1641 OF THE CIVIL CODE
“The seller is bound by the guarantee by reason of the hidden defects of the thing sold which renders it unsuitable for the use for which it is intended, or which diminishes the use so much that the buyer would not have acquired it, or would have given a lower price, if he had known them.
ARTICLE L3342-1 CODE OF PUBLIC HEALTH
“The sale of alcoholic beverages to minors is prohibited. The offer of these drinks free of charge to minors is also prohibited in public houses and shops. The person who delivers the drink requires the client to prove his or her majority (…)