Standard terms and conditions of sales: e-commerce
Société A.S., a public limited company with a capital of 698,637.60 euros, registered office
5, Rue de la Brèche d'Oger 51190 Le-Mesnil-sur-Oger, registered in the Reims Trade Register under number B 095 751 038, telephone + 33 (0)126.96.36.199.65, and LAURENT-PERRIER DIFFUSION, a limited liability company with a capital of 207,024 euros, registered office Domaine Laurent-Perrier 51150 Tours-sur-Marne, registered in the Reims Trade Register under number B 337 180 152, (“The Seller”), operate the e-commerce site "champagne-delamotte.com" accessible at: https//www.champagne-delamotte.com (“the Site”).
Through this site, A.S./Laurent-Perrier Diffusion, “The Seller”, operates online sales for some of its products. It is not intended to sell to professionals for resale.
The system as it stands requires an active approach by the Customer, an Internet user who has a functional e-mail address, and who is a natural person or representative of a legal entity, a professional or private individual, equipped with the technical means necessary to use the service accessible via the Site and for which they are responsible and assume the costs inherent to the Internet connection to enable them to connect to the Site.
These standard terms and conditions of online sale govern all relations between the Seller and its customers as part of an online sales system, both parties accepting them without reservation. These standard conditions can be consulted online at the main address of the Site, can be downloaded and printed, and prevail over any other reproduction medium. Before ordering products, Customers declare that they have read the following provisions and expressly and irrevocably accept the terms set out below.
Products are offered subject to availability. The Seller cannot be held responsible for any stock shortage if the product ordered is no longer available and, in agreement with the Buyer, the order may be modified.
Site: An online store accessible at https//www.champagne-delamotte.com, where the Seller offers products for sale.
Buyer – Customer: the natural person or representative of a legal entity, a professional or private individual who purchases, without subsequently selling them on, one or more products offered for sale by LA SOCIÉTÉ A.S./LAURENT-PERRIER DIFFUSION via the Site.
Seller – LA SOCIÉTÉ A.S./LAURENT-PERRIER DIFFUSION: the company represented by its legal representative, employees and agents, identified by the Site with which the Customer enters into the online sales contract.
Parties: Buyer and Seller.
Order: a Customer’s purchase order for one or more products, filled out on the Site.
Payment incident: non-payment, late payment, partial payment of the payable, rejection of the means of payment or opposition to payment by the bank holding the account, etc.
ARTICLE 1: OBJECT
The purpose of these standard terms and conditions is to describe the purchase conditions to which the Customer adheres without reservation by using the Site in order to choose one or more products selected and presented by the Seller, to purchase them, and to obtain delivery in Metropolitan France excluding Corsica. Our offers are reserved exclusively for private customers, individuals or legal entities, for use without resale (shipping and invoicing in France)
Natural persons and legal entities wishing to purchase the Seller’s product for resale should contact LA SOCIÉTÉ A.S./LAURENT-PERRIER DIFFUSION at: email@example.com
Our Company has informed its Customers of the characteristics of the goods covered by these standard terms and conditions of sale. By placing an order, the customers acknowledge that they are fully informed about the goods covered by the contract.
The Customer declares that they have read these standard terms and conditions of sale and accepted them before their immediate purchase or placing their order. In this respect, they are enforceable against them in accordance with the terms of Article 1129 of the French Civil Code and Article L221-5 of the French Consumer Code
ARTICLE 2: ENFORCEABILITY OF THE STANDARD CONDITIONS
In accordance with the provisions of the Law of 21 June 2004 on trust in the digital economy and the Law of 13 March 2000 on electronic signatures, the act by which the Customer confirms their order through the computer transaction specified on the Site or who gives their agreement by telephone, constitutes an irrevocable acceptance of the standard conditions in force.
The standard conditions posted on the Site thus prevail over any other conditions of sale that may be contained in other documents distributed by the Seller.
The interpretation that the Seller has definitively waived the subsequent application of one of the standard conditions because it was not invoked at a given time is not possible.
ARTICLE 3: ORDER
3.1. Underage protection and sale of alcohol
In accordance with the provisions of Article L. 3342-1 of the French Public Health Code (“Code de la Santé Publique”), the sale of alcohol to minors is prohibited. The Buyer must have the required legal capacity within the meaning of article 3.2 of these standard terms and conditions of sale.
On delivery, the Seller reserves the right to ask for proof of identity.
3.2. Legal capacity of Buyer
Only natural persons legally capable of signing contracts for products offered for sale by the Seller may place orders.
The Customer declares to the Seller that they have signed up to the Standards Terms and Conditions of Online Sales and, to finalise the sale, have reached the legal age of majority and are neither under guardianship nor under trusteeship at the time the Order is placed.
If they represent a legal person, they declare that they have the power to bind the legal person under a “customer-supplier” online sales contract.
3.3. Placing the order
When placing their first Order, and to personalize their relationship with the Seller on the Site, the Customer may create an account. To do this, they must enter a personal username and password. The computer system then checks to verify that the username is unique.
The username and personal password are proof of the Buyer's identity and are binding on any Order placed through them, subject to the individual's right of withdrawal, as set out in article 15 of these standard terms and conditions.
They have the status of electronic signatures within the meaning of the Law of 13 March 2000. The Buyer's personal username and password are their own responsibility and they alone shall bear any consequences resulting from any use by third parties who may have become aware of them, unless the Buyer proves that the knowledge by third parties of their personal username and password is the consequence of a direct error by SOCIÉTÉ A.S./ LAURENT-PERRIER DIFFUSION.
Should a customer forget their personal password or username or if they fear that a third party may have become aware of it, the Buyer has a function on the Site that tells them how to retrieve their username and choose a new password at any time.
Using their username and personal password, the Customer may subsequently access the Site at any time to place their Orders.
By using the Site, the Customer agrees to provide all the information necessary to place their Order, in particular their identity - address - delivery address if different - telephone number as well as the means of payment used to honour the Order. For payment by bank card, they must have it with them to check the type of card they hold and record the information given on it: its number, expiry date and security code and all the information required for payment.
It is the Customer's responsibility to pay particular attention to the information they provide, and to the products covered by their Order before confirming it. The Order process system only allows them to return to their Order to modify it or correct any errors before final confirmation, without being able to see a step-by-step history.
The Seller cannot be held liable in this respect for the Customer's errors.
3.3.2. Order confirmation
The Order implies acceptance of the price, the characteristics of the Products listed on the Site and the terms of delivery.
The Customer places their order by clicking to confirm the complete order.
Once the Order has been received, the Seller shall confirm as soon as possible its acceptance of the Customer’s Order by the means of its choice, namely a confirmation e-mail. The sale will only be concluded when the order is confirmed by the Seller and at the latest at the time of delivery.
3.4. Rejection of the Order at Seller’s initiative
In accordance with the provisions of Article L. 122.1 of the French Consumer Code, the Seller is entitled to refuse any order for legitimate reasons, in particular in the event of proven financial difficulties on the part of the Buyer - payment incidents -, foreseeable problems affecting delivery, orders placed in bad faith by the Buyer, or for the Seller to request the Buyer's identity by requesting official proof in this regard.
ARTICLE 4: DELIVERY – DELIVERY TIMES
4.1. Product reception
The transfer of risk shall take place upon receipt of the delivery by the Customer at the agreed place. The Customer must check the condition of the products upon receipt, and if necessary, seek redress against the carrier.
In the event of missing, lost or damaged Products, the Customer themselves shall, upon delivery, express all reservations to the carrier responsible that they deem useful:
- Immediately and reliably establish the nature and extent of the damage at the time of receipt on the delivery note.
- Confirm to the carrier, no later than three days following receipt of the items transported, the reasoned protest by registered letter, required under penalty of foreclosure by Article L.133-3 of the French Commercial Code.
These two conditions are inseparable and imperative for implementing the carrier's liability. The Customer who complains of partial loss or damage must establish that it existed at the time of delivery.
The Seller is released from the obligation to deliver for all unforeseeable circumstances (general or partial strikes, damage, fires, riots, etc.) and force majeure. The Seller will then refund the amount paid by the Buyer for the undelivered Order or make a delivery on a date to be agreed with them. Under no circumstances will compensation be due to the Customer as a result of non-delivery.
At the time of delivery, at the carrier's request, the Customer may be required to prove their identity. If the Customer refuses to produce proof of identity or if there are discrepancies between the official document produced and the information collected by the Seller, the latter reserves the right to cancel the sale and refund the price of the Products.
4.2. Delivery times
The shipping time for a standard delivery is ten (10) working days, subject to product availability. (Gift packages require an average additional time for preparation of three (3) working days).
4.3. Product shipping costs
On the day when these standard terms and conditions of online sales go into effect, shipping costs (euros) for orders are €25.80 incl. VAT for Continental France (excluding Corsica).
Shipping is free of charge for all orders of 24 equivalent bottles (75 cl) and over.
4.4. Shipping arrangements with the carriers chosen by the Seller
By express agreement between the Parties, the Seller is entitled to select the shipper of its choice for delivery.
During the year-end holiday season, delivery times may change. The Seller declines all responsibility for late delivery during the holiday period.
Shipping times are also automatically suspended by any event outside the control of the Seller that results in delayed delivery.
The Buyer must provide the Seller with the exact information necessary for delivery (door code, floor, possible delivery days and times, telephone number, etc.).
The Seller declines all responsibility and compensation in the event of delivery delay due to incorrect or erroneous information provided by the Buyer.
4.5. Returning shipments: scope and arrangements
If the Buyer or the recipient of the order, if the latter is not the Buyer, refuses to take delivery of the order or wishes to return one or more products from the Order, the Seller shall refund the Buyer the amount corresponding to the returned product(s) plus the return shipping costs, provided that the following conditions are fully met:
- The Buyer or the recipient, as the case may be, shall contact the Seller's Online Customer Service,
- The products concerned must not have been opened or partially consumed,
- They must be returned in their original packaging, or in a new packaging that is sufficiently strong and properly sealed if the original packaging has been damaged,
- They must be returned within seven (7) calendar days from receipt of the order,
- The Buyer or the Recipient must keep proof of shipment; the Seller regrets that, absent proof of shipment, it cannot refund any package that does not reach it.
4.6. Delivery exclusively in Continental France excluding Corsica.
Delivery is only free to Buyers or recipients who are natural persons for deliveries in continental France excluding Corsica. It is therefore not applicable for international deliveries and invoicing.
ARTICLE 5: PRICES
All orders are payable in Euros.
The full price must be paid in a single instalment.
The prices applied are those in force on the day the order is confirmed. Prices are expressed in euros, including VAT, unless otherwise specified on the Site.
Due to the possible changes in the cost of transport, materials, VAT, duties, etc., these prices are subject to change. The Seller therefore reserves the right to modify its prices without notice.
Prices are ex works from SOCIÉTÉ A.S. / LAURENT-PERRIER DIFFUSION shipment not included (place of shipment, Le Mesnil sur Oger, or Epernay or Tours-sur-Marne / Warehouse). Shipping costs are set out in Article 4 of these standard terms and conditions.
This is an order with required payment: placing the order implies payment by the Customer.
ARTICLE 6: PAYMENT
Orders are payable by bank card only (CB, VISA, EUROCARD/MASTERCARD, AMERICAN EXPRESS).
The Customer's bank account will only be debited at the time of dispatching the order, unless they wish to exercise their right of return as provided for in article 15 of these standard terms and conditions.
Proof of the order price is recorded on the order form, recorded in HTML format, and securely stored on the Seller's server. The price thus defined is firm and definitive. The Customer receives an email on receipt of a payment confirmation email.
ARTICLE 7: LATE OR OUTSTANDING PAYMENTS
In the event of late payment, or problems with the bank account, the sums due will bear three (3) times the legal interest rate without the need for formal notice; this clause does not affect the enforceability of the debt.
Any recovery by litigation shall automatically entail, at the expense of the Buyer, a penalty indemnity set at 15% of the amount of unpaid invoices on their due date, without prejudice to any claims that may be made under Article 700 of France's New Code of Civil Procedure (“Nouveau Code de Procédure Civile”).
In the event of late payment or if there are any unpaid invoices, the Seller reserves the right to interrupt any delivery and to cancel orders in progress.
In addition, in accordance with current legislation, a fixed amount of €40 for collection costs will be automatically due to the Seller by right by any Customer who has not paid their bill by its due date. This fixed price is added to the late payment penalties and any recovery costs incurred in litigation.
ARTICLE 8: SALE CANCELLATION
In the event of non-performance by the Customer of any of their obligations, and in particular payment obligations, the Seller reserves the right to declare the sale automatically cancelled and to repossess the goods. The deposit and partial payments, if any, made by the Customer, shall be retained by the Seller as initial damages and without prejudice to any other claims.
ARTICLE 9: FULFILLMENT NOT POSSIBLE
All events of any nature whatsoever beyond the Seller's control including but not limited to chance, force majeure, accidents, strikes, riots, administrative decisions, transport stoppages which may delay, prevent or exorbitantly increase the cost of delivery, constitute by express agreement, a cause for suspension or termination of the Seller's obligations at its sole discretion, without compensation for the Customer.
The Seller shall inform the Customer, by any appropriate means of the existence of such events and shall refund the amount of the undelivered Order. A new delivery may be planned under conditions to be agreed if the Customer so wishes.
ARTICLE 10: FORCE MAJEURE
The obligations of the party invoking force majeure shall be suspended automatically and without formality, and its liability released, in the event of the occurrence of a case of force majeure or a fortuitous event such, without limitation: fire, storm, work stoppage of any kind, lockout, flood, war, requisition, government acts, riot, frost, other natural phenomena, health risks (for example pandemic, health crisis, etc.), abnormal weather conditions outside the seasonal norms leading to a decrease in production or harvest, interruption or delay in transport, impossibility or difficulty of import or export, modification of the laws or regulations inherent in the products covered by this contract and their marketing, as well as in the event of the occurrence of any circumstance occurring after the conclusion of the sales contract and preventing performance under normal conditions by the party invoking force majeure.
In the event of a case of force majeure, the party invoking force majeure undertakes to notify the other party as soon as possible in writing.
If the event constituting force majeure definitively and irretrievably prevents the performance of the contract, then the contract shall be automatically terminated without any compensation on either side.
ARTICLE 11: RETENTION OF TITLE CLAUSE
All sales are concluded with retention of title.
Consequently, transfer of ownership of the products sold to the Buyer is suspended until full payment has been made, in accordance with the provisions of Article 2367 of the French Civil Code and Decree n°2006-346 of 23 March 2006 on guarantees.
All transaction risks shall be borne by the Buyer as soon as the products sold under retention of title are delivered to the agreed place.
Buyer alone assumes full responsibility for any damage that the products may suffer or cause, for any reason whatsoever, upon delivery.
ARTICLE 12: TERMINATION CLAUSE
In the event of a serious breach by one of the parties of any of its obligations under these conditions, the contract of sale shall be automatically terminated eight (8) days after the first presentation of a formal notice to perform containing a declaration by the non-defaulting party of its intention to apply this clause, sent by registered letter with acknowledgement of receipt, and which remains without effect during this period. It is expressly understood between the parties that the termination defined above is without prejudice to any damages that the party initiating the termination may claim as compensation for its injury.
In addition, the products must be returned upon first written request, at the expense and risk of the buyer, who undertakes to do so without prejudice to any damages due to our Company.
ARTICLE 13: CONFORMITY – GUARANTEES – LIABILITY
Upon receipt of their order, the Customer must ensure that the products delivered comply in all respects with it.
Otherwise, the Client must inform SOCIÉTÉ A.S./LAURENT-PERRIER DIFFUSION at the following address: SOCIÉTÉ A.S. - Customer Service Online Shop - 5 rue de la Brèche d'Oger 51190 Le Mesnil sur Oger, by registered letter with acknowledgement of receipt within a maximum period of seventy-two (72) hours following receipt of the product or products concerned.
The Seller's products on the Site are subject to the following legal warranty conditions:
With regard to compliance: with the provisions of Articles L. 211-4, L. 211-5 and L. 211-12 of the French Consumer Code, which apply only to consumers who are non-professional natural persons, according to which the Seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. To be in conformity with the contract, the product(s) must:
1° Be suitable for the generally expected use of a similar good and where appropriate:
- correspond to the description given by the Seller and have the qualities that the Seller has presented to the Buyer in the form of a sample or model;
- have the qualities that a buyer can legitimately expect in view of public statements made by the Seller, producer or its representative, in particular as regards 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 which the latter has accepted.
Any action under the guarantee of conformity shall extinguish after two years from the date of delivery of the goods.
Hidden defects: the provisions of Article 1641 of the French Civil Code, which states that "The Seller is bound by the warranty as regards hidden defects in the good sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have given only a lower price for it if they had known of them", and Article 1648 paragraph 1 of the French Civil Code which allows the consumer to act under the guarantee of hidden defects for a period of two (2) years from the discovery of the defect. In the event of hidden defects noted by the Customer, after an assessment of the product, the Seller may either replace it with the same product or an equivalent one.
The Seller's position as distributor implies that wines and spirits are subject to the payment of excise duties and that consequently SOCIÉTÉ A.S./LAURENT-PERRIER DIFFUSION is legally required to refuse the return of this type of product.
ARTICLE 14: THE PRODUITS – INFORMATION
The products presented on the Site comply with current French legislation and standards applicable in France. If not, the offending product is removed from the Site as soon as possible.
Product information is intended to inform the Buyer and it is not exhaustive. The photographs are non-binding.
All photographs or information about the products presented are non-binding. If there is a manifest error between the characteristics of the products and their representation on the Site, the Seller shall not be held liable for any such error.
The Seller's product offers and prices are valid as long as they are posted on the Site, subject to availability. The Seller declines all responsibility in the event of stock shortages or product unavailability.
When the Buyer places an order, product availability information is provided. Errors or modifications may exceptionally exist, in particular in the case of simultaneous orders for the same product from several Buyers. If a product becomes unavailable after an order is placed, the Seller will inform the Buyer by e-mail or telephone as soon as possible, proposing several solutions: either to postpone delivery until this product is restocked where possible, or to order another product presented on the Site as a replacement, or to cancel the order. If the Buyer chooses to cancel the order, the refund will be made no later than 30 days from the date of payment, if the bank account has been debited.
The Seller reserves the right to change the items offered on the Site at any time and without prior notice.
ARTICLE 15: PRODUCT RESALE
Resale of products under one of the Seller’s brands is forbidden.
ARTICLE 16: INTELLECTUAL PROPERTY RIGHTS - BRAND IMAGE OF PRODUCTS
Regardless of the medium, all materials published on the Site, whether copyrighted or not, (graphic guidelines, software, database, price offers, photos, catalogues, images, sound, video and other advertising materials or the like, without this list being exhaustive) are the exclusive property of the Seller and are also protected by the French Intellectual Property Code.
Any use or reproduction whatsoever of such materials is prohibited without the prior written consent of the Seller.
The Company shall reserve and control the use of its brand image by the Customer when the latter uses the products sold under these standard terms and conditions.
In particular, without express prior authorisation the Customer shall refrain from referring to, using or reproducing on any medium whatsoever the name of the Seller as well as the trademarks it owns and/or markets.
ARTICLE 17: RIGHT OF RETURN APPLICABLE EXCLUSIVELY TO INDIVIDUALS - CONSUMERS - NATURAL PERSONS - NON-PROFESSIONALS
In accordance with the provisions of Article L 121-21 of the French Consumer Code, the consumer has a period of fourteen (14) days to exercise their right of cancellation, using the cancellation form provided or any other means, without having to justify any reasons or pay any penalties, with the exception of return shipping charges. The consumer may waive this period if they cannot travel and at the same time need to use a service that is immediate and necessary for their living conditions. In this case, they would continue to exercise their right of cancellation without having to give reasons or pay penalties.
The Buyer therefore has a cancellation period of fourteen (14) days from the day they receive the ordered products to return them, at their own expense, to the following address: LA SOCIÉTÉ A.S. Customer Service Online Shop - 5 rue de la Brèche d'Oger, 51190 Le Mesnil sur Oger. They must then return the products at the latest within fourteen (14) days following the exercise of their right of return.
If the period expires on a Sunday, a public holiday or a non-working day, it is extended until the first working day thereafter. If the Buyer exercises their right of return, the Seller undertakes to refund the sums paid upon receipt of the returned products by re-crediting the bank card used to make the payment. At the Seller's proposal, the Buyer who has exercised their right of return may, however, opt for another refund method.
The right of return shall not apply to goods likely to deteriorate or expire rapidly or if the Seller is unable to resell the goods delivered, in accordance with Article L 121-21-8 of the French Consumer Code.
ARTICLE 18: INFORMATION ON PERSONAL DATA GATHERING – CONFIDENTIALITY
The information requested from the Customer when registering their details on the Site is necessary for the Seller to process their order.
The information entered by the Customer on the Site as part of their order and on any other document exchanged as part of applying these Standard Terms and Conditions may be processed automatically for administrative and commercial management purposes.
The personal data collected for customer relationship purposes are essentially the following, for example:
- When setting up their customer account: name, first name, email and/or postal address, and telephone number
- As part of the order taking process and delivery: any data enabling the recipient and their place of delivery to be identified, as well as the access arrangements
- In respect of payment for products covered by the standard terms and conditions of sale: financial data relating to the bank account (mainly RIB) or bank card may be recorded
Personal data collected in this way, intended for Laurent-Perrier and/or Laurent-Perrier Group companies (subsidiaries), are processed, with oversight from one of the Laurent-Perrier Group companies. This data is collected for the purposes of customer relations and the sale of our products and is necessary in particular for the preparation of invoices and/or for the commercial relationship in general.
They will be kept for the duration of the commercial relationship and for the estimated duration to keep a customer active. In accordance with the applicable regulations on personal data (Law No. 78-17 of 6 January 1978 on Data Processing, Data Files and Individual Liberties, and the General Data Protection Regulation (GDPR) (EU) No.2016/679 of 27 April 2016), you have the right to access, rectify, oppose, limit the processing, erasure and portability of your data.
For any further information on how your data are used and or to assert your rights under this regulation, you can send your request to firstname.lastname@example.org.
ARTICLE 19: PARTIAL INVALIDITY
If one or more provisions of these Standard Terms and Conditions are held to be invalid or declared as such by application of the Law, a decree or regulation or following a final decision of a competent court, all other provisions shall retain their full force and scope.
ARTICLE 20: COMMUNICATION – PROOFS – NOTIFICATIONS
It is expressly agreed between the partners that they may communicate with each other, in particular via electronic mail.
The Parties shall implement all security measures to ensure the availability, integrity and confidentiality of the data exchanged.
At the same time, they shall implement all appropriate measures, such as firewalls and anti-virus software, which shall be regularly updated and properly configured, to protect themselves as effectively as possible against intrusions, attacks and the spread of viruses in order to guarantee the availability, integrity and confidentiality of the information received.
ARTICLE 21: ORDER CONSERVATION AND ARCHIVING
In accordance with the provisions of article 1348 of the French Civil Code, all orders and invoices shall be archived on reliable, perennial media.
ARTICLE 22: INDICATORS
Pursuant to the provisions of article L 441-3 of the French Commercial Code, the Customer is informed that the existing indicators are not relevant with regard to the characteristics of our products, in particular in the absence of clarifications from the public authorities and with regard to recent decisions of the Competition Authority. Consequently, in accordance with the Guidelines on taking “indicators” into account in the contractual chain, published by the DGCCRF in July 2020, our Company is physically unable to offer indicators for legitimate reasons.
However, we reserve the right to subsequently communicate to customers any official indicator that would be relevant in view of the specificity of our products.
ARTICLE 23: DISPUTES – CHOICE OF JURISDICTION
These standard terms and conditions are governed by French law.
Any dispute arising from the interpretation and/or execution of these standard terms and conditions shall result in an attempt at amicable settlement between the Parties. In the absence of an amicable agreement, the dispute shall be brought by the most diligent Party before the competent judicial court.
- In the event of a dispute or challenge of any nature relating to the preparation or execution of the order, the courts of Châlons en Champagne shall have sole jurisdiction.
- The Company's acceptance of payment shall not entail any novation or exemption from this allocation of jurisdiction.
- No contrary clause of the Buyer may be substituted for this clause.