Terms of sale
Article 1: APPLICATION OF GENERAL SALES CONDITIONS.
The website DE LOZEY accessible at the address www.delozey.com (hereinafter the "Site") is an online sales site published by the company CHAMPAGNE DANIEL CHEURLIN ET FILS (hereinafter "CDCF" or the "Seller"), a Simplified Joint Stock Company with a capital of 320,000 euros, whose registered office is located at 72 Grande Rue, 10110 CELLES SUR OURCE, registered with the Trade and Companies Register under number 318 434 479 RCS TROYES. Phone: 03.25.38.51.34.
These General Sales Conditions (hereinafter the "GSC") specify the respective rights and obligations of CDCF and its Buyers (as defined below) in the context of online sales by CDCF on the Champagne, Wines, and Spirits website (hereinafter the "Products"), in accordance with the terms and pricing conditions indicated on the Site.
The offers on the Site are strictly reserved for private customers, with the understanding that this customer base includes any natural or legal person of the minimum age required under applicable regulations, contracting only for their own needs and not for commercial resale purposes (hereinafter referred to as the "Buyer"), and whose delivery and billing address is in metropolitan France, Corsica, or Monaco. CDCF disclaims any responsibility regarding the application and compliance with regulations other than French law.
By placing an order or accepting an offer from CDCF, the Buyer accepts, without reservation, all the stipulations provided in the GSC. The Buyer acknowledges being fully informed that their agreement regarding the content of the GSC does not require the handwritten or electronic signature of a document.
The GSC apply exclusively to all sales concluded by CDCF on the Site, unless otherwise specified on the Site due to the exceptional nature of certain Products.
The GSC, as well as all the elements displayed on the Site (photographs, catalogs, notes, etc.), may be modified at any time and without notice by CDCF; however, the GSC and prices applicable to the sale and binding on the Buyer are those accepted by the Buyer when confirming their purchase and reiterated by CDCF in its order confirmation.
As CDCF may occasionally modify certain provisions of the GSC, it recommends that its customers systematically and comprehensively read the GSC before placing a new order.
Article 2: ORDERS.
The offers are valid within the limits of available stock, and CDCF reserves the right to apply restrictions on the desired quantities.
French is the only language offered for order placement.
CDCF reserves the right to refuse, reduce, or split all or part of an order to a Buyer if the ordered quantity or frequency of their orders appears abnormal compared to the normal needs of private customers.
CDCF reserves the right to cancel, suspend, or refuse any order from a Buyer with whom there is a dispute regarding the payment of a previous order, until full payment of that order is made.
The Buyer accepts and acknowledges expressly waiving the benefit of Article 1587 of the Civil Code.
In the case of a quote, the offer will remain valid for seven calendar days, unless otherwise specified on the quote.
2-1: PRODUCT DESCRIPTION
CDCF takes the utmost care in providing information about the Products, particularly their essential characteristics, which are presented in the description of each Product on the Site, including a photograph of the Product and a technical description. The photographs illustrating the Products are not contractually binding and do not engage CDCF's liability in any way. The technical description of the Product is the only source of contractual information. Buyers are informed that CDCF may update or complete its technical descriptions at any time. It is specified that a change in labeling does not constitute a modification of the characteristics of a Product.
2-2: PRODUCT AVAILABILITY AND SPECIFIC SERVICES.
2-2.1 Offers are valid within the limits of available stock.
2-2.2 Personalization Services
CDCF offers the Buyer the opportunity to personalize certain gift boxes and/or bottles.
As part of this specific service, the Buyer agrees that the content of their personalization message complies with the following rules:
- The message must contain between 1 and 20 characters, including only letters from the Latin alphabet (excluding special characters and emoticons) and standard numbers.
- Personalized products are intended for personal use only. Any other use (promotional, commercial, advertising, or other) is prohibited.
- Be illegal, harmful, contradictory, contentious, defamatory, offensive, violent, racist, vulgar, obscene, pornographic, related to religion or politics, contrary to ethics, infringe human dignity or integrity, threatening, indecent, shocking, derogatory, or similar;
- Encourage irresponsible or excessive consumption of alcoholic beverages;
- Encourage alcohol consumption before the legal age;
- Present sobriety, abstinence, or moderate consumption in a negative manner;
- Present the consumption of alcoholic beverages as a means to overcome individual or collective problems or to prevent, treat, or cure any illness or psychological condition;
- Associate alcohol consumption with any type of illegal, antisocial, dangerous, aggressive, or violent behavior;
- Suggest that alcohol consumption makes the consumer smarter, stronger, and more socially or sexually successful;
- Suggest that one can consume alcohol before or during the operation of any type of vehicle or during an activity that requires a certain level of concentration for safe execution;
- Infringe on the rights of third parties (including intellectual property rights).
However, CDCF reserves the right to reject any message that violates any of the above-mentioned rules. In this case, CDCF will contact the Buyer to request a modification of the message content. If the Buyer fails to propose a new message complying with the above rules within 72 hours of CDCF's contact, the Buyer will receive the non-personalized product (i.e., standard), and CDCF will refund the additional amount that the Buyer may have paid for personalization.
The Buyer expressly and irrevocably undertakes to indemnify CDCF upon first request for any consequences and damages in the event of a claim by third parties and/or a judgment on any grounds whatsoever, contractual, tortious, or otherwise, against CDCF related to the content of the personalization message.
Finally, in accordance with Article L221-28, 3° of the Consumer Code, the right of withdrawal provided for in Article 7 of these GSC does not apply to the purchase of Products subject to personalization.
2-3: Steps to Complete the Order
When placing the first order on the Site, any new Buyer must create a "customer account" and provide all necessary information (namely: name, first name, email, phone, address, and date of birth, an identifier (or "login"), and a password of at least six alphanumeric characters will be requested.
After selecting the Products they wish to purchase and before confirming the order, the Buyer must verify the contents of their order in their shopping cart. The Buyer will then be directed to a secure page to complete the full payment of the order. The Buyer is informed that placing an order entails a payment obligation.
The sale is deemed concluded upon order confirmation, after duly providing all the necessary information and banking data for payment. The Buyer's validation of the order constitutes an electronic signature that has the same value, between the parties, as a handwritten signature.
The Buyer's order must be confirmed by CDCF by sending an email. CDCF recommends that the Buyer retain this information.
Article 3: PRICES.
The prices displayed on the Site are expressed in euros (€), including taxes and all applicable taxes (VAT). The Products are invoiced at the VAT-inclusive price, to which applicable shipping costs and possible technical fees must be added on the day of the order. The prices displayed on the order confirmation after its validation are firm and final and cannot be revised, even in the event of a subsequent price decrease or increase for the Products.
The shipping costs charged to the Buyer are as follows:
- For any order under €160, the costs will be as follows:
- €9.90 for standard delivery or delivery with a date chosen by the Buyer; or
- €32.00 for express delivery.
- The details of the different delivery methods and timeframes are outlined in Article 6-1.
- Starting from €160, shipping costs will be waived (order including shipping and insurance). If, by exercising their right of return (in accordance with Article 7 of these GSC), the amount of the Buyer's order turns out to be less than this threshold of €160, the Buyer will have deducted from their Product refund the amount corresponding to the standard delivery costs, which is €9.90.
Article 4: PAYMENT.
4-1: Payment Methods
The payment of the price is made in full at the time of the order. The full amount of the order will also be collected at the time of order validation.
Payments are made after final order validation. Payment is made, unless specific conditions indicated on the Site: (1) by credit card. The entry of banking information is done through a secure server to ensure the security and confidentiality of the information provided during the banking transaction; (2) via Paypal, with the proviso that funds will only be considered received by CDCF after possible verification of payment by Paypal.
The Buyer declares that they are authorized to use the credit card or Paypal account for payment of their order and that they have sufficient funds to place the said order.
At no time may the amounts paid be considered as deposits or advances.
4-2: Justifications
Before confirming an order, CDCF reserves the right to request that the Buyer provide proof of their identity, place of residence, and the payment method used, for fraud prevention reasons. In this case, order processing will take place upon receipt of these documents. CDCF reserves the right to cancel the order in the absence of receipt of these documents or in case of receipt of non-compliant documents.
Article 5: RESERVATION OF OWNERSHIP.
CDCF EXPRESSLY RESERVES OWNERSHIP OF THE PRODUCTS SOLD UNTIL FULL PAYMENT OF THE PRICE BY THE BUYER AND ITS EFFECTIVE COLLECTION BY CDCF.Article 6: PRODUCT SHIPMENT
Deliveries are only provided in mainland France, Corsica, and Monaco. It is the Buyer's responsibility to arrange for the delivery of products purchased to a location outside the covered area, ensure compliance with the regulations of the import location, and pay any taxes and other applicable costs.
6-1: DELIVERY TIMES.
The Products will be delivered to the address specified in the order by the Buyer, who remains responsible for the quality and accuracy of the information provided.
Delivery times, from the confirmation of the order, are as follows:
- Standard delivery: from two (2) to four (4) working days.
- Express delivery: the next day between 2:00 PM and 5:00 PM for orders placed before 12:00 PM from Monday to Thursday. No deliveries are made on Saturdays, Sundays, and holidays.
- Delivery with the choice of the date by the Buyer: starting from 5 working days. Please note that this last delivery method is the only one applicable to Personalized Products.
For orders destined for Corsica, an additional 24 hours should be added for express delivery and an additional 48 hours for standard delivery.
When the order is shipped, the Buyer receives a link from the carrier allowing them to track the delivery. CDCF encourages the Buyer to report any delivery delays exceeding three (3) days from the delivery date indicated when confirming the order, in order to allow CDCF to initiate an investigation with the carrier. In any case, CDCF will inform the Buyer of the results of the investigation without depriving the Buyer of the right to cancel the order, by registered letter with acknowledgment of receipt, after instructing CDCF to deliver the Products within a reasonable additional period by registered letter with request for acknowledgment of receipt. In this case, CDCF will refund the Buyer any amount paid within a maximum of fourteen (14) days from the date on which the sale was terminated.
By express agreement, a case of force majeure - as defined by French Court of Cassation case law - preventing delivery cannot be attributed to CDCF. CDCF will inform the Buyer in a timely manner of any occurrence of force majeure cases and events.
6-2: TRANSPORT.
CDCF remains entirely free to choose the carrier. CDCF bears all the risks associated with transportation up to the delivery, i.e., until the physical handover of the Products ordered to the Buyer or its representative who accepts it. The Buyer must then check the order upon receipt in the presence of the carrier and, if necessary, indicate in writing on the transport voucher or bill of lading any observations following the procedure below.
The Buyer must refuse delivery if the package is damaged or missing items. In case of damage, the Buyer must make precise and detailed written reservations on the carrier's transport voucher or bill of lading in the presence of the carrier or its employee (it is specified that reservations such as "subject to inspection upon unpacking" have no value). The Buyer must then send the carrier a registered letter with acknowledgment of receipt stating the reservations within three calendar days following delivery. Merchandise accepted without reservation by the Buyer at the time of delivery and/or in the absence of a letter to the carrier within three calendar days, is deemed to have arrived in good condition and complete.
For any delivery questions or difficulties, the Buyer is invited to contact CDCF via the contact page contact@delozey.com or at 03.25.38.51.34 (toll-free number from a landline).
Article 7: RIGHT OF WITHDRAWAL.
In accordance with articles L221-18 and following of the Consumer Code, any consumer has a period of fourteen (14) calendar days, from the receipt of the Products, to return all or part of the order. When the fourteen (14) days expire on a Saturday, Sunday, or a holiday, they are extended until the first business day following. The Buyer informs CDCF of their decision to withdraw by sending the withdrawal form attached to the order confirmation email, or any other unambiguous statement expressing their desire to withdraw.
The Buyer agrees to return the Products, no later than fourteen (14) days following the communication of their decision to withdraw, to the following address: CHAMPAGNE DANIEL CHEURLIN ET FILS, 72 Grande Rue, 10110 CELLES SUR OURCE.
The Buyer must return the Products in their original condition and packaging with the duly completed withdrawal form, a copy of the invoice, and the accompanying document if applicable. Any damaged Product will not be accepted, exchanged, or refunded.
This right of withdrawal is exercised without penalty or fees, except for the return costs, which are the responsibility of the Buyer. In case of exercising the right of withdrawal, CDCF undertakes to refund the Buyer the full amount paid, including delivery costs, within fourteen (14) days from the date CDCF is informed of the Buyer's decision to withdraw, subject to the proper receipt of the Products by CDCF. The refund will be made using the same payment method used by the Buyer for the order.
In case of returning the entire order, CDCF will refund the delivery costs related to that order. In case of partial return of the order, CDCF will not refund the delivery costs related to that order.
The right of withdrawal does not entitle to any compensation or penalty payment.
Article 8: COMPLAINTS AND WARRANTIES.
CDCF is liable for the non-conformity defects of the Products delivered compared to the order under the conditions of Article L. 217-4 and following of the Consumer Code and the hidden defects of the Products sold under the conditions of Articles 1641 and following of the Civil Code.
For any complaint, CDCF invites the Buyer to contact them by email at contact@delozey.com or by phone at 03.25.38.51.34 (toll-free number from a landline). Any complaint regarding defects in the delivered Products, inaccuracies in quantities, or incorrect references compared to CDCF's order confirmation must be made to CDCF by registered letter with acknowledgment of receipt within 72 hours from the receipt of the Products, without neglecting, if necessary, and in accordance with Article 6-2 of the GSC, the recourse against the carrier. The Buyer has a period of five (5) calendar days from the delivery of the Products to return non-compliant Products to CDCF. Any non-compliant Product must be returned in its original packaging, accompanied by a copy of the invoice and any other documents provided.
In the absence of possible repair or replacement, CDCF will then offer the Buyer either the cancellation of the order and the refund of the amounts paid - except for minor non-conformity - or the retention of the Products and a partial refund of the price. The return costs of the ordered and delivered Product(s) and the possible delivery of another Product will be borne by CDCF.
The Buyer is expressly informed that CDCF is not the producer of the Products presented on the Site. The Products that CDCF sells as a distributor follow the warranty regime of the producer, which CDCF undertakes to respect after the latter's agreement.
The refund or any credits (including return costs) are established upon receipt of the Products whose non-compliance has been duly noted and accepted by CDCF. The costs incurred for the return of the Products for any reason whatsoever are the responsibility of CDCF. Customized Products or accessories will not be accepted, exchanged, or refunded. No claim may give rise to a payment by CDCF and its suppliers of any compensation or penalty of any kind.
Article 9: INTELLECTUAL PROPERTY.
All elements of the Site, whether visual or auditory, trademarks and/or logos of CDCF or its suppliers, texts, layouts, illustrations, photographs, documents, and other elements, including the underlying technology, are protected by intellectual property rights (copyright, trademarks, patents, etc.). They are the exclusive property of CDCF and/or the suppliers of the Products. Any copying, adaptation, translation, representation, or modification of all or part of the site is strictly prohibited without the prior written consent of CDCF. Any reproduction, even partial, of the elements of the CDCF site without the written consent of CDCF is prohibited.Article 10: DATA PROTECTION AND PRIVACY.
CDCF is the data controller for personal data (the "Data") collected and processed in connection with the sale of products to the Buyer. The Data (including, in particular, name, first name, postal address, email address, and telephone number, bank details, purchase history) is necessary for the processing of the order, is kept for three years from the end of the commercial relationship or, in any case, for a duration not exceeding the applicable legal prescription periods. The Data (i) will be archived for accounting and evidentiary purposes during the aforementioned prescription periods or (ii) will be destroyed if these periods have expired. The Data will not be transferred, transferred, or made accessible to any third party except (i) the possible subcontractors of CDCF intervening in the execution of this order and (ii) any restructuring and/or reorganization operation of CDCF.
Thus, the collected Data is intended to answer the Buyer's questions about the products; to manage orders, their delivery, and their payment; to manage and optimize customer relations and to carry out statistics.
CDCF may be required to communicate the Data to third parties when such communication is required by law, regulatory provision, or judicial decision, or if such communication is necessary to protect and defend its rights.
In accordance with the applicable regulations, the Buyer has the right to access and rectify their Data, as well as the right to request its erasure, to object to its processing, and to obtain its limitation or portability to the extent applicable. The Buyer can also object at any time to the use of the Data for the purpose of creating their customer profile. Furthermore, they can request not to receive any further communications by using the opposition option provided for this purpose in each message addressed to them.
These rights can be exercised directly with CDCF by simple letter sent to its registered office or by email to the address: contact@delozey.com
Article 11: INVALIDATION OF A CLAUSE.
In the event that any clause of the GSC is considered null and void, the other provisions of the GSC will continue to be fully valid and effective.
Article 12: DISPOSAL OF EQUIPMENT WASTE.
In accordance with Article L541-2 of the Environmental Code, it is the responsibility of the waste holder to ensure or arrange for the disposal of the equipment. The Buyer ensures the collection of the equipment, its treatment, and its recovery.
Article 13: DISPUTE
13-1: APPLICABLE LAW
Any dispute relating to the interpretation and execution of the GSC is subject to French law. The application of the Vienna Convention on the International Sale of Goods is expressly excluded.13-2: PROOF AND NON-WAIVER
The electronic exchanges and files of CDCF will be considered by the parties as evidence of the communications, orders, payments, and transactions that have taken place between the parties, unless proven otherwise.
The fact that CDCF and the Buyer do not invoke one of the clauses of the GSC at a given time cannot be deemed a waiver of the right to invoke these same clauses later.
13-3: COMPETENT JURISDICTION
In the event of a dispute and following a written complaint made by the Buyer to CDCF or in the absence of a response from CDCF within a period of one (1) month, the Buyer may resort to any alternative dispute resolution method, including mediation, by accessing the European online dispute resolution platform at the following address: http://ec.europa.eu/odr.
The Buyer remains free to accept or refuse mediation and, in the event of recourse to mediation, each party is free to accept or refuse the solution proposed by the mediator.
In the event that the Buyer waives mediation or refuses the solution proposed by the mediator, the dispute will then be brought before the courts of the Buyer's choice (either before the courts territorially competent under the Code of Civil Procedure or the court of the place where they resided at the time of the conclusion of the contract or the occurrence of the harmful event), even in the case of summary proceedings, warranty claims, or multiple defendants.
©CHAMPAGNE DANIEL CHEURLIN ET FILS 2021 | All prices include taxes, the sticker, and VAT.