CGV - FRANCE - INDIVIDUALS AND PROFESSIONALS
Article 1: Scope of application
All our sales of bottles of AOC Champagne, Coteaux Champenois and Ratafia are governed by the present general conditions of sale which prevail over any condition of purchase, except for express derogatory stipulation.
Article 2 : Prices
The applicable prices are those in force on the day the order is taken, and are shown on the price list opposite, denominated in euros.
They are understood to be "ex-cellar", transport being at the buyer's expense.
Unless otherwise agreed between the parties, payment shall be made upon ordering.
If a delay is granted, no discount will be granted for early payment.
Any payment made after the date of payment shown on the invoice will result in the payment of late penalties in an amount equal to three times the legal interest rate. These penalties are payable without the need for a reminder. In addition, all costs of collection will be charged to the buyer.
In application of the legal provisions, any professional in a situation of late payment will owe the creditor a fixed indemnity of 40 € for collection costs. However, if the recovery costs are higher than the amount of this indemnity, the creditor may request additional compensation, upon justification.
Article 3 : Right of withdrawal
- If the client is a professional
No right of withdrawal is granted.
- If the customer is a private consumer
In the case of a sale concluded at a distance or off-premises, the customer has a period of 14 days from the day of receipt of the wines to withdraw without reason or justification. He can use the attached withdrawal form or formulate his withdrawal in writing.
The winemaker will then reimburse the consumer for all payments received, upon receipt of the returned goods.
The winemaker will make the refund using the same means of payment that the customer used for the initial transaction, unless a different method is agreed. In any case, this refund will not incur any costs for the customer.
If at the time of withdrawal the customer has received the bottles, he must return them to the address of the farm without undue delay, and no later than fourteen days after his notification of withdrawal. This deadline is deemed to have been met if the goods are returned before the expiry of the fourteen-day period.
The direct expenses of return of the good are the responsibility of the customer. The customer will have to pay the following amounts:
- direct removal costs
- additional costs for delivery of goods if the customer has chosen a more expensive delivery method than the one offered by the seller
The customer's responsibility may be engaged in case of depreciation of the goods resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of these goods.
- If the sale was concluded at a fair or exhibition
The customer has no right of withdrawal.
Article 4: Reservation of ownership
The seller retains ownership of the goods sold until full payment of the price by the customer, in principal and accessories. However, upon delivery, the risks of loss or deterioration are transferred to the buyer.
Article 5 : Delivery and reception of products
The delivery is made :
- or by handing over the goods directly to the buyer;
- or at the place indicated by the buyer on the order form within 10 days.
Our wines travel at the risk of the recipient, even in case of free shipping. The seller cannot be held responsible in case of damage, loss, theft or defective packages. Consequently, customers are invited to check the packages upon receipt and to notify the carrier of any reservations by registered letter within three working days of receipt of the goods.
Article 6: Legal guarantees - pre-contractual information
Only the private customer benefits from legal guarantees. The legal guarantees apply independently of any commercial guarantee that may have been granted.
In accordance with French law, if you are a consumer within the meaning of the Consumer Code and provided that the producer is the seller from whom you acquired the good or service, we are liable for defects in conformity of the good to the contract under the conditions of Article L. 211-4 et seq. of the Consumer Code and for latent defects of the thing sold under the conditions provided for in Articles 1641 et seq. of the Civil Code.
Legal guarantee of non-conformity
The seller is obliged to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was put at his charge by the contract or was carried out under his responsibility.
To comply with the Contract, the property must:
1° Be fit for the purpose usually expected of similar goods and, where applicable, correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample, have the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by 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.
The action resulting from the defect of conformity is prescribed by two (2) years as from the delivery of the good.
You can choose between repairing or replacing the good, subject to the cost conditions provided for in Article L. 211-9 of the Consumer Code. You are exempted from proving the existence of the lack of conformity of the good during the 24 months following the delivery of the good
Legal warranty for hidden defects of the thing sold (Hidden defects)
The seller is bound by the warranty for latent defects in the thing sold which render it unfit for the purpose for which it was intended, or which so diminish that use that the buyer would not have acquired it, or would have given only a lesser price, if he had known of them.
The action resulting from redhibitory defects must be brought by the buyer within 2 years from the discovery of the defect. You can then choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the civil code.
Article 7: Consumer Ombudsman - amicable settlement of disputes
In accordance with article L. 612-1 of the consumer code "any consumer has the right to have recourse free of charge to a consumer mediator for the amicable resolution of the dispute which opposes him to a professional".
This concerns national and cross-border disputes of a contractual nature relating to the performance of a contract for the sale or supply of a service, between a consumer and a professional.
For any difficulty, we invite you to contact us in priority:
Champagne M.Marcoult - SCEV Marcoult Michel
12 route de queudes
51120 Barbonne Fayel
3 26 80 20 19
Within one year of your request to our company, you can have the dispute examined by a consumer mediator whose contact details are given below:
Mediation Center of Justice Conciliators (CM2C)
14 rue Saint Jean 75017 Paris
Website : https://cm2c.net
cont@ct : email@example.com
Article 7: Personal data - RGPD
- identification and contact information (name, surname, postal and e-mail address)
- identification and authentication data on our site (technical logs, IP address, age)
- data related to your champagne consumption habits and preferences;
- data related to your interactions with us (letters, emails, on our website or on our social network pages);
The collection and processing of your personal data is based on ;
- their necessity in order to perform the sales contract we have with you;
- consent at the time you provide it to us;
- our legal obligations regarding the trade, and the trade of alcohol in particular;
- our legitimate interest in knowing our customers and their preferences in order to increase our sales, personalize our communications, optimize our risk management and, possibly, defend our interests in court
We put in place the organizational, software, technical and physical means to ensure the confidentiality and security of your personal data, so as to prevent their damage, deletion or access by unauthorized third parties.
We keep your personal data for the longest period of time necessary to comply with applicable legal and regulatory provisions or for another period of time in view of operational, management and customer relationship constraints.
Access to your data is limited to our winery personnel, who are subject to a confidentiality obligation and may only use your data in accordance with our contractual terms and applicable law.
Apart from the carrier who should eventually deliver your orders, we undertake not to sell, rent or give access to third parties to your data without your prior consent, unless we are forced to do so for a legitimate reason (legal obligation, fight against fraud, exercise of the rights of defense, etc ...). We also do not transfer your personal data outside the European Union.
In accordance with the provisions in force of the law "informatique et libertés" of January 6, 1978 and from May 25, 2018, those of the European Regulation No. 2016/679/EU of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, you have a right of access, rectification, portability and deletion of your data, or limitations on the processing of such data.
You can also, for legitimate reasons, oppose the processing of your data. To exercise your rights, you can contact our winery by mail or email.
You may file a complaint with the CNIL if you consider that the processing of your personal data constitutes a violation of the regulations. If you wish to have further information on your rights, and more particularly on this last right, please visit the website of the Commission Nationale de l'Informatique et des Libertés.
Article 8: Extended producer responsibility - recycling of household packaging
In order to comply with the regulations on the recycling of household packaging weighing on producers, our company has joined a collective approach of the Champagne sector with the state-approved e-organization, Adelphe (N°A5122378).
Our unique identification number issued by the administrative authority in charge, the ADEME is : A5122378.
Article 9: Applicable law and competent jurisdiction
Our sales are subject to French legislation.
The courts of the seller's domicile are expressly given jurisdiction.
Please complete and return this form only if you wish to withdraw from the contract.
12 route de queudes
51120 Barbonne Fayel
Tel : 03 26 80 20 19
I hereby notify you of my withdrawal from the contract for the sale of ....... bottles of champagne detailed below:
....... bottles at the price of ............... € ordered on ....../....../20...... and received on ......../........../20........
Consumer name: ....................................................................
Address : ......................................................................................
Signature (only if you send the form in paper version)