Legal terms and conditions of online sales
Article 1 : Application of the selling terms and conditions
In the absence of a particular specification added to the actual conditions and agreed on paper, the orders are subject to these general sales terms and conditions.
Article 2 : Order
2-1 Placement and preparation of the order
The order is placed via the Internet at the following address : www.champagne-chopin-didier.com
As the seller gets the order, the order becomes irrevocable.
The order must be paid with a credit card.
The payment is secured by the “Cyberplus Paiement Net” system of the Banque Populaire.
The customer gets an email which confirms their order.
2-2 Order minimum
The customer has to order at least SIX (6) bottles.
We pledge to take care of your order, which is subject to availability. If there is any stock shortage, we will propose to the customer an equivalent product in terms of quality and price. If the seller and the customer cannot find an agreement and if the customer cancels the order, the customer will be refunded, in accordance with the terms of the Article L. 121-20-1 of the French Consumption Code.
2-4 Customer's right to cancel
Pursuant to Article L. 121-20 of the French Consumption Code, the customer has SEVEN (7) days to exercise his right of cancellation without any justification or penalties payable, except, if necessary, the return postage. The mentioned time takes effect as the moment as the receipt of the products.
The customer is responsible for the return postage.
Article 3 : Delivery
3-1 Type of delivery
Products are delivered via the postal service.
3-2 Delivery delay
1) For the parcels in Metropolitan France and Corsica
We pledge to deliver your order within SEVEN (7) days.
If the delivery takes more than SEVEN (7) days, the seller will have to refund the order, in accordance with the Article L. 121-20-1 of the French Consumption Code.
2) For the parcels in the other countries of the Euro zone
The delivery time depends on the country.
3-3 Geographic delivery area
The delivery zone for the products which are selling on our website includes Metropolitan France, Corsica, and Europe countries in the Euro zone (including England).
Risk transfer from the seller to the buyer when the goods have been delivered to the carrier.
If the delivered goods are damaged or if something is missing, the buyer has to complain to the carrier by writing a registered letter with an acknowledgment of receipt within 3 days when the parcel is delivered, in accordance with the Article L. 133-3 of the French Consumption Code.
At the same time, we will receive a copy of this letter.
If there is no complaints, we consider that the customer has accepted the product and our company is no longer responsible for it.
3-6 Product preservation
For a better preservation of our wines, we advise to stock them in a dark room, without vibrations and bad smell, with a stable temperature between 11° and 15° C. and, which humidity is between 70 and 90%.
Article 4 : Price
Our prices are in euros and include the VAT. We take into account the prices which are indicated on the website at the time of order.
The price includes the postage.
Except if there is is an agreement between the customer and the seller, the payment must be done at the time of the order. There will be no discount in case of an anticipated payment. In accordance with the law, any payment done after the date indicated on the bill will lead to penalties payments which amounts to THREE (3) times the legal interest rate. The penalties can be required without any recall. Moreover, the customer is responsible for all the recovery costs.
A bill is joined to the parcel when the order is sent.
Article 5 : Payment terms
The price has to be totally paid with a credit card, when the order is placed on our website : www.champagne-chopin-didier.com
The order is confirmed after the payment.
Article 6 : Property
In accordance with article L. 624-16 of the French Commercial Code, the delivered products remain our property until the totality of their payments.
Article 7 : Dispute
The choice of residence is made by our company, at the head office.
1) Contract made from France by a French customer :
The contract is governed by French law.
The dispute comes within the competence of seller's regional Court (Tribunal de Grande Instance)
2) Contract made by a customer ordering from an other European Union country :
The contract is governed by French law.
The dispute comes within the competent jurisdiction in accordance with the rules set up by the European Union and mostly the Brussels Convention of 27 September, 1968.
Article 8 : Waiver
It is not because our company does not quote one of these clauses at some point that it renounces to cite these sames clauses later.
Article 9 : Protection of personal data
Pursuant article 27 of the Computering law for Liberties (n°78-17 of January 6th 1978), the customer has a right of access to change, update or cancel his/her data.
The costumer can do this with:
- an email to the following address : firstname.lastname@example.org
- a letter to the head office : 10 rue de la Coopérative, 51480 Champlat Boujacourt.
Article 10 : Filing
The information kept in the data base of the seller is the proof of the placed orders, except if there is an obvious mistake that the customer will have to prove.
As the customer is able to update and check the rightness of his name and address, he will have to take responsibility if he does not receive his order or if the ordered products are lost, in case of mistake.
Article 11 : Intellectual property
The all content of this website is the property of the seller. Any representation, reproduction or use of the content, even a simple hypertext link to other websites, which is not expressly authorized, completely or partially, is illicit and subject to civil, commercial or penal action by the owner of this content.
Article 12 : Complaint
For all type of complaints, the customer can write to the manager of the SARL Chopin, 10 rue de la coopérative – 51480 Champlat et Boujacourt. Or, the customer can write an email at : email@example.com
Article 13 : Guarantees and responsibilities
All the products sold by the seller have a legal guarantee defined by the articles 1641 and those which are following in the French Civil Code.
If the product is faulty, the customer will have to follow the terms of the article 1648 of the French Civil Code.
The seller has only an obligation of means in this online sale process. So the seller will be able to free himself from all or a part of his responsibilities, by proving that the non-performance or the bad execution of the contract comes within the customer, or, in an unpredictable and unsurmountable way, within a third-part of the contract, or is due to a case of force majeure.
Article 14 : Minors protection
Pursuant to Article L. 3342-1 of the French Public Health Code, which states that the sale of alcohol to minors under the age of eighteen is prohibited, the buyer agrees to be eighteen years old at the time of the order.