Article 1: Scope of application

These General Terms and Conditions of Sale apply to all orders placed via the website https://www.josephperrier.com, regardless of any clauses that may appear on the buyer's documents.

They apply to sales made by JOSEPH PERRIER FILS & CIE and its subsidiary JOSEPH PERRIER VISITE (together hereinafter referred to as Champagne JOSEPH PERRIER).

The Customer acknowledges having read and accepted these General Terms and Conditions of Sale. In the event of a case not covered by these General Terms and Conditions of Sale, the distance selling rules of the place where the company has its registered office shall apply.

Article 2: Orders

To place an order, the customer must create an account on the site. When creating an account, the customer accepts all the General Terms and Conditions of Sale by ticking the appropriate box.

The customer undertakes to provide accurate information concerning his or her identity, address and other data required for access, and to update any changes to this information. The customer is solely responsible for maintaining the confidentiality of his/her access codes.

Champagne JOSEPH PERRIER agrees to accept orders made under the terms of these Terms and Conditions of Sale and within the limits of available stocks.
In the event of stock shortage, Champagne JOSEPH PERRIER agrees to communicate the lead times necessary to obtain the desired product or to propose a replacement product. Champagne JOSEPH PERRIER will honor each order by making one or more deliveries of the products ordered.

Champagne JOSEPH PERRIER may not be held liable in the event that the products sold are stored or consumed by the customer in conditions that are abnormal or incompatible with their nature.

By validating his/her order, the Customer declares that he/she has read and accepts the present General Terms and Conditions of Sale. Orders can only be prepared and dispatched once payment has been received.

Champagne JOSEPH PERRIER reserves the right to cancel all non-compliant or dubious orders, as well as those from a customer with whom there is any dispute.

Article 3: Prices

Prices shown include all taxes (VAT, excise duties and any other taxes applicable on the day the order is placed; any change may be reflected in the price of the products).

In the case of deliveries outside mainland France, the prices shown include VAT and are supplemented by excise duties and other taxes applicable in the customer 's country (and any other taxes applicable on the day the order is placed, any change in which may be reflected in the price of the products).

Product prices may change at any time depending on Champagne JOSEPH PERRIER's pricing policy. Products ordered are invoiced at the price in force at the time the order is registered.

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 exclude shipping costs. Shipping costs may vary according to the number of products ordered and the country of shipment.

Article 4: Validity of offers

Products and promotional offers are subject to availability.
In the event of unavailability of one or more products after validation of the order, Champagne JOSEPH PERRIER undertakes to inform the Customer by e-mail as soon as possible. In agreement with the Customer, Champagne JOSEPH PERRIER may modify the order or reimburse the unavailable product(s) by crediting the payment card used to place the order.

Article 5: Delivery

Champagne JOSEPH PERRIER delivers to Metropolitan France. Shipping costs are automatically calculated on our site according to the quantity of products ordered.
Deliveries to any other destination will be subject to a specific quotation.
Wines come from our estate and are stored in our cellars in Châlons-en-Champagne.
Orders are delivered within 7 working days for mainland France after receipt of payment. Non-working days include Saturdays, Sundays and public holidays, as well as days when road transport is prohibited. These times are indicated in the order confirmation received by e-mail by the Customer. The order is delivered to the delivery address chosen by the Customer.
The Customer is responsible for carefully checking his parcels on delivery in order to immediately express any reservations to the carrier. The Customer has a period of 3 days (article L133-3 of the French Consumer Code) in which to make a complaint, and 10 days if he has not been able to check their condition with the carrier (article L224-65 of the French Consumer Code).

In the event of failure to deliver the order, and in the absence of any response or indication from the Customer within a period of 3 months enabling re-delivery to be organized, the order will be considered cancelled by the Customer without further formality. The Customer will be reimbursed for the sums debited after deduction of transport costs, via the same means of payment used to pay for the order.

Any error or modification made by the Customer in a current delivery order, whatever it may be, will result in an extension of the planned delivery date. Additional costs will be charged to the customer.

Article 6: Withdrawal

For product orders :

In application of the provisions of article L.221-18 of the French Consumer Code, the Customer has a period of 14 clear days from the delivery of his order to return the item delivered for exchange or reimbursement, at the Customer's discretion, without penalty, with the exception of return costs.

The customer has a period of 2 years from delivery of the goods to act upon discovery of the hidden defect.

The procedure is as follows:

1. The customer notifies his decision to withdraw via the form or by means of an unambiguous statement. He/she must specify his/her contact details so that the products can be identified - in particular the number of the order concerned and the references of the products he/she wishes to return.
2. The customer shall return the product(s) concerned to Champagne JOSEPH PERRIER (69 avenue de Paris, 51 000 Châlons-en-Champagne) within a reasonable time and, at the latest, within 14 calendar days following communication of the customer's decision to withdraw.
3. Products must be returned in their original condition, complete and in packaging identical to that used for shipping, accompanied by proof of purchase or a copy of the invoice(s).

Champagne JOSEPH PERRIER undertakes to reimburse the Customer within a maximum of 14 days after notification of the withdrawal and subject to the return of the products. The cost of returning the product remains the responsibility of the Customer.

In accordance with article L.221-5 of the French Consumer Code, the Consumer Buyer may find below a standard retraction form for an order placed on the site with a professional Seller Advertiser:

Withdrawal form (Please complete and return this form only if you wish to withdraw from the contract).

To the attention of : (contact details of the Seller Advertiser)

I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the following goods (*)/provision of services (*):

Ordered on (*)/received on (*):
Customer(s) name(s):
Customer(s) address(es):
Customer(s) signature(s) (only in case of notification of this form on paper):
Date: (*)

(*) Delete as appropriate.

For activity bookings :

Pursuant to the provisions of article L.221-28 12° of the French Consumer Code, the sale of reservations for wine tourism activities constitutes a leisure service to be provided on a regular basis, and the provisions of article L.221-18 of the same code concerning the consumer's right of withdrawal do not apply to the purchase of distance tickets.

However, CHAMPAGNE JOSEPH PERRIER wishes to offer its tour customers a conventional right of withdrawal, under the conditions set out below: cancellation by the customer is free of charge up to 7 days before the tour. For bookings made less than 7 days before the visit, cancellation is also free of charge during the 48 hours following the booking and up to 48 hours before the date of the visit. After this time, visitors cannot be compensated.

No refund will be made if the customer fails to arrive at the place and time of departure indicated on the reservation.

Furthermore, Champagne JOSEPH PERRIER reserves the right to cancel any of its tours in the event of force majeure and/or sudden and unforeseeable unavailability of the guide. In the event of cancellation at the initiative of Champagne JOSEPH PERRIER, the latter will inform the participants concerned, offer to reschedule the visit to another time slot and, if necessary, reimburse them.

Article 7: Payment

All orders are subject to payment in the manner and by the means specified in the order process.

Credit card payments are made via a secure online payment service.

Champagne JOSEPH PERRIER never has access to customers' banking information.

A payment order made by credit card cannot be cancelled. Payment of the order by the purchaser is therefore irrevocable, without prejudice to the customer 's right to retract or cancel the order at a later date.

Article 8: Reservation of ownership

In accordance with the law of May 1, 1980, products delivered to the Customer are sold subject to retention of title. The transfer of ownership is subject to full payment of the price of the products by the Customer, on the due date agreed between the parties. In the event of non-payment of the total price of the goods on the agreed due date, Champagne JOSEPH PERRIER may claim ownership of the products at the Customer's expense and risk.

Article 9: Intellectual property

All intellectual property rights are the exclusive property of Champagne JOSEPH PERRIER.

The reproduction, distribution and adaptation of the elements contained on the site (in particular logos, trademarks, photos, illustrations, images and texts) are prohibited, whether for commercial or non-commercial purposes.

Article 10: Personal data

All information provided by customers during their visit to https://www.josephperrier.com is strictly confidential. None of the Customer 's personal data or contact information will be sold or rented to anyone without their prior consent. Customers ' personal data will be used by Champagne JOSEPH PERRIER to process orders and, if necessary, to contact them for information relating exclusively to our services: accounting, credit card or other payment card control and selection, marketing and statistical analyses, tests, system maintenance and development, customer surveys, customer relations, improvement of our future communications, and better identification of customers' needs and preferences. Once registered on: https://www.josephperrier.com, Customers can access the "My Account" page and modify their personal data.

Champagne JOSEPH PERRIER may collect, store and use the following data: name, email address, physical contact details, date of birth and sometimes delivery, billing or other order-related information.

The processing of this personal data is governed by Law No. 78-17 of January 6, 1978 relating to information technology, files and freedoms and from May 25, 2018 by Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 (RGPD). In particular, the customer has the following rights:

• Right of access (Article 15 RGPD), rectification (Article 16 RGPD), updating, data completeness.
• Right to block or erase personal data (Article 17 RGPD), where it is inaccurate, incomplete, equivocal, out of date, or the collection, use, communication or storage of which is prohibited
• Right to withdraw consent at any time (article 13-2c RGPD)
• Right to limit data processing (Article 18 RGPD)
• Right to object to data processing (Article 21 RGPD)
• Right to portability of data provided, where such data is subject to automated processing based on consent or contract (Article 20 RGPD)
• The right to define the fate of data after death and to choose whether or not data will be communicated to a designated third party.

It is hereby specified that in the event of death and in the absence of instructions from the customer, the data will be destroyed unless its retention proves necessary for evidentiary purposes or to meet a legal obligation.

These rights may be exercised by simple request by e-mail to customer service or by post to the Champagne JOSEPH PERRIER address, indicating your contact details (surname, first name, address) and a legitimate reason when required by law (in particular in the event of opposition to processing).

If you provide us with a copy of your identity document to prove your identity, we will keep it for 1 year, or 3 years if you exercise your right to object.

To find out more about your rights, you can also visit the website of the Commission Nationale de l'Informatique et des Libertés (French Data Protection Authority) at http://cnil.fr.

Article 11: Use of cookies

Champagne JOSEPH PERRIER uses cookies in order to recognize customers when they connect to the https://www.josephperrier.com website, as well as for functional and analytical purposes and to improve its services. Cookies are small files stored on the customer 's computer by his browser when he visits an Internet site.

Customers may deactivate the use of cookies by selecting the appropriate settings on their computer. However, this deactivation will prevent access to certain site functions.

Article 12: Warranties

Champagne JOSEPH PERRIER is bound by the legal warranty for hidden defects, as defined in article 1641 and following of the French Civil Code: "The seller is bound by the warranty for hidden defects of the item which render it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lesser price for it, if he had known of them". Consequently, the customer has up to 2 months from the date of delivery to send a complaint to Champagne JOSEPH PERRIER. After this period, Champagne JOSEPH PERRIER will no longer be able to guarantee the products, and the Customer will have to prove that any alteration occurred prior to receipt.

Products are covered by the legal guarantee of conformity provided by articles L217-4 et seq. of the French Consumer Code.

It is reminded that the customer:
- Has a period of 2 years from the date of delivery of the good to take action;
- Can choose between repair or replacement of the good, subject to the cost conditions set out in article L. 217-9 of the French Consumer Code;
- Is exempt from proving the existence of the lack of conformity of the good during the 24 months following the delivery of the good.

Customers wishing to invoke the legal guarantee of conformity must inform Champagne JOSEPH PERRIER. If the reasons for the return are well-founded, the products concerned will be returned to the address mentioned in article 6 above, under the same conditions as those governing the exercise of the right of withdrawal. Delivery and return costs will be reimbursed.

The returned product(s) will be reimbursed by crediting the bank account linked to the credit card used to pay for the order.

The refund date may be deferred until the date of actual receipt of the product(s) at the above address.

Article 13: Liability

All texts and photos presented are for information purposes only and are in no way contractual. Champagne JOSEPH PERRIER reserves the right to make changes to its website, its procedures and the present General Terms and Conditions of Sale. Customers are subject to the General Terms and Conditions of Sale in force at the time of placing their order. Champagne JOSEPH PERRIER cannot be held responsible, or considered to have failed to comply with the present conditions, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by the jurisprudence of the French courts and tribunals.

Article 14: Applicable law

The language of the present contract is French. All clauses of the present General Terms and Conditions of Sale, all transactions and purchasing operations carried out from the https://www.josephperrier.com website as well as by mail and telephone are governed by French law. Any dispute that cannot be settled amicably will be referred to the Courts of the registered office of Champagne JOSEPH PERRIER or to the Court of the department chosen by the Customer.

Article 15: Protection of minors

In accordance with article L. 3342-1 of the French Public Health Code, the sale of alcohol to minors under the age of 18 is prohibited. The customer undertakes to be at least 18 years of age when placing an order on the site: https://www.josephperrier.com.

Main applicable texts :

Article L217-4 of the French Consumer Code

"The seller delivers goods in conformity with the contract and is liable for any lack of conformity at the time of delivery.

He shall also be liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter is his responsibility under the contract or has been carried out under his responsibility".

Article L217-5 of the French Consumer Code

"The goods are in conformity with the contract:
1° If they are fit for the use normally expected of similar goods and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
- if it has 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, in particular in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is fit for any special purpose sought by the buyer, brought to the attention of the seller and accepted by the latter".

Article L217-12 of the French Consumer Code

"Any action resulting from a lack of conformity must be brought within 2 years of delivery of the goods.

Article L221-28 of the French Consumer Code

"The right of withdrawal may not be exercised for contracts (...):
7° For the supply of alcoholic beverages whose delivery is deferred for more than 30 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 French Civil Code

"The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.

Article L3342-1 of the French Public Health Code

"The sale of alcoholic beverages to minors is prohibited. The offer of these beverages free of charge to minors is also forbidden in pubs and all shops or public places. The person dispensing the beverage requires the customer to provide proof of age (...)".

CONSUMER MEDIATION

According to article L.612-1 of the French Consumer Code, "all consumers have the right to have recourse, free of charge, to a consumer mediator with a view to the amicable resolution of a dispute between them and a professional. To this end, the professional guarantees the consumer effective recourse to a consumer mediation system". To this end, Champagne JOSEPH PERRIER offers its consumer customers the possibility of mediation by a consumer mediator, whose contact details are as follows:

• Mediator for the Médicys accredited mediation center
• contact@medicys.fr
• https://medicys-consommation.fr/

We remind you that mediation is not compulsory, but only offered as a means of resolving disputes without resorting to the courts.