General Conditions of Sale
JOSEPH PERRIER
Alcohol abuse is dangerous to health, consume with moderation.
The sale of alcohol to minors under the age of 18 years is prohibited.
Preamble
This Internet site, https://www.josephperrier.com, is published by Joseph Perrier Visite
E-mail : contact@josephperrier.fr – Tel : +33 (0) 3 26 68 29 51
Article 1: Scope of application
These General Conditions of Sale apply to all orders placed through the Internet site https://www.josephperrier.com whatever clauses might exist in the buyer’s documents.
The Customer acknowledges to having full and prior knowledge of these General Conditions of Sale and accepts the terms. Cases not covered by these General Conditions of Sale will comply with distance selling rules which apply in the area where the company has its headquarters.
Article 2: Orders
You will be required to create an account on the website to order products. To complete account registration, you must first accept the terms and conditions by checking the box on the registration form.
You will confirm that all information and details required for access are true, accurate and up to date in all respects and at all times. It is your responsibility to maintain the confidentiality of your password and account information.
Champagne JOSEPH PERRIER commits to accepting orders that comply with the terms of these General Conditions of Sale and within the limit of available stocks. In the event of a rupture in stock, Champagne JOSEPH PERRIER undertakes to report the time frame necessary to obtain the required product(s) or suggest a replacement product(s). Champagne JOSEPH PERRIER will fulfil every order by making one or more deliveries of the products ordered.
By validating the order, the Customer declares to have acknowledged and accepted these General Conditions of Sale. Preparation and shipment of an order can only be started after payment is received. An invoice will be sent by email as soon as the order is shipped.
Champagne JOSEPH PERRIER reserves the right to cancel all non-compliant or questionable orders, as well as those from Customers with whom there is a pre-existing dispute of any kind.
Article 3: Price
The gross prices indicated include all taxes (VAT, excise duties and all other applicable taxes on the day that the order is concluded, any changes may be passed on in the product price).
For deliveries outside metropolitan France, the prices displayed include VAT, excise duties and other taxes in the delivery country will be added (and all other taxes applicable on the day that the order is concluded, any changes may be passed on in the product price) as well as the costs of managing customs clearance.
Product prices may change at any time depending on Champagne JOSEPH PERRIER’s pricing policy. Products ordered are charged the price in force at the time the order is registered.
The products offered and the prices are only valid for as long as they are displayed on the site and as long as stocks are available.
Prices displayed are net and exclude shipping costs. Shipping costs may vary depending on the number of products ordered and the country of shipment.
Article 4: Validity of offers
Products and special offers are only available while stocks last. Champagne JOSEPH PERRIER cannot be held responsible for a possible rupture of stock leading to a delay in the order’s delivery. In case of unavailability of one or several products after the order validation, Champagne JOSEPH PERRIER undertakes to inform the Customer by e-mail as soon as possible. In agreement with the Customer, Champagne JOSEPH PERRIER may amend the order or make a refund for the product(s) not available by crediting the payment card used for the order.
Article 5: Delivery
Champagne JOSEPH PERRIER delivers in Metropolitan France and Belgium, for which customs formalities are necessary. Our site automatically calculates the shipping costs according to the destination of the order and the quantity of products ordered.
Deliveries to any other destination must be subject to a specific quote.
The wines come from our cellars, at Châlons-en-Champagne.
The delivery time for the orders is 7 working days for Metropolitan France once payment is received. Non-working days are Saturdays, Sundays and public holidays, as well as days when road transport is prohibited. These deadlines are indicated in the order confirmation the Customer receives by e-mail. The order is delivered to the address chosen by the Customer.
The Customer is required to carefully check the packages upon delivery to immediately issue any reservations to the carrier. The Customer has a period of 3 days (Article L133-3 of the Consumer Code) to make any observations and 10 days if they were unable to verify the condition with the carrier (Article L224-65 of the Consumer Code).
Any error or modification made by the Customer to any delivery order in progress will result in an extension of the expected delivery time. The additional costs will be borne by the Customer.
Article 6: Withdrawal
In the case of a product order :
In application of the provisions of Article L.221-18 of the French Consumer Code, the Customer has a period of fourteen days from the date the order is delivered of his order to return to the article delivered to request an exchange or refund, at the Customer’s choice, without penalties, with the exception of the costs of return.
The Customer has a period of two years from the delivery of the goods to act on the discovery of the hidden defect.
The procedure is as follows:
- Fill out the order return form on-line or send a clearly stated declaration. Enter details to identify products – the order number and references of items to return.
- Return items to Champagne JOSEPH PERRIER, 69 avenue de Paris, 51 000 Châlons-en-Champagne within 14 calendar days after the day on which you notified us of your decision to return goods.
- Goods must be fully returned in their original state and packaging identical to packing received, and include proof of purchase (copy of receipt).
Champagne JOSEPH PERRIER undertakes to reimburse the Customer within a maximum period of fourteen days after notification of withdrawal and on condition that the products are returned. The costs of returning the product(s) are the Customer’s responsibility.
In accordance with Article L.221-5 of the French Consumer Code, below is a template for buyers-consumers who wish to withdraw from a contract relating to an order placed on the website with a professional advertiser-seller : Withdrawal template (please complete and send only if you wish to withdraw from the contract).
For the attention of: (details of the advertiser-seller)
I/we (*) hereby notify you of my/our (*) wish to withdraw from the contract relating to the following item you sold (*)/service you provided (*):
Order placed on the (*)/received on the (*):
Name of the customer(s):
Address of the customer(s):
Signature(s) of the customer(s) (only if sending a hard copy of this notification):
Date: (*)
(*) Please underline the correct option.
In the case of an activity reservation :
Pursuant to the provisions of Article L.221-28 12 ° of the Consumer Code, the sale of reservations for wine tourism activities constituting a provision of leisure services to be provided at a specified frequency, the provisions of the Article L.221-18 of the same code relating to the right of withdrawal of the consumer do not apply to the purchase of Tickets remotely.
Article 7: Payment
All orders imply a payment determined according to the conditions and methods specified in the order process.
Payments by bank card are made via an on-line secured payment service.
Champagne JOSEPH PERRIER never have access to Customer’s banking data.
A payment order by bank card cannot be cancelled. Therefore, the buyer’s payment for the order is irrevocable, without prejudicing the Customer’s right of withdrawal or cancellation exercised subsequent to the order.
Article 8: Reservation of ownership
In accordance with the Act of May 1st, 1980, products delivered to the Customer are sold subject to retention of title. The transfer of ownership is subject to the Customer’s payment in full of the total price of the products, at the end of the period agreed between the parties. In case of non-payment of the total price of the products by the agreed deadline, Champagne JOSEPH PERRIER will be able to claim ownership of the products at the Customer’s expense and risk.
Article 9: Personal data
All data collected while using www.josephperrier.com services is strictly confidential. None of your personal data may be sold or rented without your prior consent. Personal information may be used by Champagne JOSEPH PERRIER when processing orders and, if applicable, to communicate news only about our services: accounting, credit card /other card selection and identification, marketing and statistical analysis, tests, system maintenance and development, customer surveys, customer relations, future communication improvements, plus better understanding of customer needs and preferences. Once registered on www.josephperrier.com, you can update or correct your personal details at any time by going into Your Account.
Champagne JOSEPH PERRIER has the right to collect, store and use the following data: name, email address, physical address, date of birth and eventually information regarding deliveries, billing or other details regarding purchase orders.
Processing personal information is protected by the French Law No.78-17 of 6th January 1978 on information technology, data files and civil liberties. It is also protected by the General Data Protection Regulation (UE) 2016/679 from 25th May 2018 set up by the European Union Law and the committee on 27th April 2016 (GDPR). Customer rights:
- The right of access (Article 15), the right of rectification (Article 16), update and to complete incomplete data.
- The ‘right to be forgotten’ – right to erasure of personal data (Article 17), in the case the data is inaccurate, incomplete, ambiguous, out of date, or of which the collection, use, communication or conservation is not permitted.
- The right to withdraw consent at any time (Article 13-2c)
- The right to restriction of processing (Article 18)
- The right to object to processing (Article 21)
- The right to data portability, where the processing is carried out by consensual or contractual automated means (Article 20)
- The right to decide what happens to data after death and handing over data communication to a previously chosen third party.
In the case of death without prior instruction from the subject, the data will be destroyed unless conservation is necessary for probative purposes or in compliance with a legal obligation.
These rights can be exercised on simple request by email to customer services or by writing to Champagne JOSEPH PERRIER, stating your name and address and a legitimate reason pursuant to the law (notably in case of processing opposition).
Personal ID communicated to justify identity is conserved one (1) to three (3) years where the communication is carried out while the right to object is being exercised.
To learn more about your rights, see the CNIL (Commission Nationale de l’Informatique et des Libertés – the national French data protection authority), website: http://cnil.fr.
Article 10: Use of Cookies
Champagne JOSEPH PERRIER resorts to the use of cookies particularly to recognise Customers whilst they are connected to the https://www.josephperrier.com site as well as for functional and analytical purposes and to improve its services. Cookies are small files that browsers store on the Customer’s computer when they visit an Internet site.
Customers have the option of disabling the use of cookies by selecting the appropriate settings on their computers. However, deactivation will result in preventing access to certain features on the site.
Article 11: Guarantees
Champagne JOSEPH PERRIER is required to legal guarantee against hidden defects, within the meaning of Article 1641 and subsequent of the French Civil Code: “The seller is required to guarantee against hidden defects of the item that would make it unsuitable for its intended use, or that would diminish the use to such an extent that the buyer would not have acquired it, or would have paid less for it, had these defects been known”. Accordingly, the Customer has up to 2 months after the delivery date to send a complaint to Champagne JOSEPH PERRIER. Beyond this period, Champagne JOSEPH PERRIER will no longer be able to guarantee the products and the Customer will have to prove that any possible defects existed prior to their receipt.
The products benefit from the legal guarantee of conformity provided by Articles L217-4 and subsequent of the French Consumer Code;
It is recalled that the Customer:
– Benefits from a period of two years from product delivery to take action;
– May choose between product repair and replacement, subject to the cost conditions set out in article L. 217-9 of the French Consumer Code;
– Is exempt from having to provide proof of the existence of the product conformity defect during the twenty-four months following delivery of the product(s).
The Customer who decides to activate the legal compliance guarantee must inform Champagne JOSEPH PERRIER. If the reasons for the return are justified, the product(s) concerned must be returned to the address below, in the same conditions as those governing the exercise of the right of withdrawal. The costs of delivery other than the costs of return will be reimbursed.
The reimbursement for a returned product(s) will be by crediting the bank account linked to the credit card used for payment of the order.
The repayment date may be deferred until the date of the actual reception of the product(s) to the address above.
Article 12: Responsibility
All texts and photos displayed are purely for information and are in no way contractual. Champagne JOSEPH PERRIER reserves the right to make changes to its procedures and these General Conditions of Sale on its Internet site. The Customer is subject to the General Conditions of Sale in force at the time of ordering. Champagne JOSEPH PERRIER will not be held responsible, or considered as having failed to present conditions, for any delay or breach, when the cause of the delay or failure to execute is related to force majeure as defined by precedents in French courts and tribunals.
Article 13: Applicable law
The language of this contract is French. All clauses of these General Conditions of Sale, all transactions and purchase operations made through the https://www.josephperrier.com site as well as by mail and by phone are governed by French law. Any dispute that cannot be settled amicably, will be governed by the courts where Champagne JOSEPH PERRIER is registered or the court in the French department chosen by the Customer.
Article 14: Protection of minors
In accordance with article L. 3342-1 of the French Public Health Code, the sale of alcohol to minors under eighteen (18) years is prohibited. By ordering on the https://www.josephperrier.com site, Customers confirm that they are over 18 years of age.
Main laws applicable
Article L217-4 of the French Consumer Code
“The seller shall deliver goods that comply with the contract and is liable for any conformity defects in existence at the time of delivery.
It is also liable for any conformity defects resulting from the packaging, assembly instructions or installation where it is responsible for the latter under the contract or they have been performed under its responsibility.”
Article L217-5 of the French Consumer Code
“In order to comply with the contract, the goods must:
1. be fit for the purpose usually expected of a similar good and, where applicable: – correspond to the description provided by the seller and possess the qualities presented by it to the buyer in the form of a sample or model; – present the qualities that a buyer may legitimately expect vis-à-vis the public declarations made by the seller, producer or its representative, notably in advertising or on the label; 2. present the characteristics jointly defined by the parties or be fit for the special purpose sought by the buyer where this has been brought to the attention of the seller and accepted by it.”
Article L217-12 of the French Consumer Code
“Action taken for defects is subject to a statute of limitation of two years starting from when the goods are supplied”.
Article L221-28 of the French Consumer Code
“The right of withdrawal cannot be exercised for contracts (…):
- for the supply of alcoholic beverages for which delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on market fluctuations beyond the control of the trader (…).”
Article 1641 of the French Civil Code
“The seller is obliged to guarantee in respect of hidden defects in the product sold which render it improper for the use to which it is destined, or which so far diminish such use, that the buyer would not have purchased it, or would not have given so high a price, if he had known them.”
Article L3342-1 Code of Public Health
“The sale of alcoholic beverages to minors is prohibited. The supply of these drinks free of charge to minors is also prohibited in public houses and all shops or public places. The individual who delivers the drink requires Customers to prove that they are over 18 years old (…).”
CONSUMER MEDIATION
In accordance with Article L.612-1 of the French Consumer Code, you are reminded that ‘every consumer has the right to make free use of a consumer mediation service, with the view of resolving disputes with professionals in an amicable manner. For this purpose, professionals shall ensure consumers are able to make effective use of a consumer mediation service’. For this reason, ALLO MY COACH suggests that disputes with its customers-consumers which are not resolved amicably be submitted to the following consumer mediation service:
- Médicys certified mediation centre
• contact@medicys.fr
• https://medicys-consommation.fr/
You are reminded that mediation is not compulsory, but merely suggested in order to allow disputes to be resolved amicably and avoid legal action having to be taken.
