GENERAL TERMS AND CONDITIONS OF SALE
The website www.champagne-hamm-ay.com offers Champagne wines and spirits crafted with care and passion. It also offers various items related to these product categories.
Access to and use of these Services are governed by these General Terms and Conditions.
In accordance with current regulations, it is important to note that EXCESSIVE ALCOHOL CONSUMPTION IS DANGEROUS FOR YOUR HEALTH AND SHOULD BE CONSUMED IN MODERATION.
In compliance with Article L3341-4 of the French Public Health Code, Iconic-Nectars.fr provides breathalyzers for sale.
The consumption of alcoholic beverages during pregnancy, even in small amounts, can have serious consequences for the health of the child.
1. DEFINITIONS
For the purposes of these General Terms and Conditions, the words or expressions mentioned below shall have the following meanings:
- “Client(s)”:
Refers to any person aged 18 or older placing an Order on the Site, for their personal needs or on behalf of a third party, under the terms and conditions set forth in these General Terms and Conditions. - “Order”:
Refers to the order(s) of Product(s) or Subscription(s) placed by the Client with Champagne Hamm on the Site, in accordance with the terms set forth in these General Terms and Conditions. - “Client Account”:
Refers to the account created by the Client on the Site, accessible using their personal login credentials and password. - “Personal Data”:
Refers to personal data that directly or indirectly identifies the User and/or Client during their visit to the Site and the creation of their Personal Account (e.g., name, first name, email address, postal address, username, IP address, etc.). - “Services”:
Refers to all services and products offered by Champagne Hamm to Clients on the Site. - “Site”:
Refers to the website accessible at the URL http://www.champagne-hamm-ay.com. - “Visitor(s)”:
Refers to any person browsing the Site http://www.champagne-hamm-ay.com.
2. ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS
These General Terms and Conditions apply to any User/Client of the Site http://www.champagne-hamm-ay.com.
Access to and use of the Site implies the express and unconditional acceptance by the User/Client, after having read these General Terms and Conditions and the Privacy Policy.
Confirming an Order on the Site by clicking the “confirm my order” button, after checking the box “I accept the General Terms and Conditions,” constitutes full and complete acceptance of these General Terms and Conditions. If you do not agree with the clauses set forth below, you are advised not to use the Site and/or not to place an Order.
The applicable General Terms and Conditions are those in effect on the day of the visit to the Site or the placement of an Order.
These General Terms and Conditions may be subject to modifications by Champagne Hamm.
In such cases, Champagne Hamm will inform Clients, and the new General Terms and Conditions will apply only to Orders placed after the modification.
If you do not agree with the modified General Terms and Conditions, you are advised to refrain from continuing to use the Site’s services.
Otherwise, the modifications to the General Terms and Conditions will be deemed accepted.
3. ACCESS AND USE OF THE SITE
Before placing any Order, the User must create a Client Account on the Website and provide the requested information.
Upon creating their Client Account, the Client will receive a confirmation email from CHAMPAGNE HAMM.
The Client guarantees the accuracy, sincerity, and reliability of the information provided, particularly their Personal Data. The Client must provide a single valid and functional email address, which will serve as a means of communication between them and CHAMPAGNE HAMM, as well as a valid postal delivery address.
It is the Client’s responsibility to keep their information up to date. CHAMPAGNE HAMM cannot be held responsible for the Client’s lack of diligence in subscribing, modifying, or updating their Personal Data, nor for incorrect contact details and their consequences on Order delivery.
CHAMPAGNE HAMM reserves the right to verify the accuracy of the information provided by the Client at any time. If the information appears incorrect and/or misleading, CHAMPAGNE HAMM may request additional or corrected information.
In the case of incorrect or misleading information, CHAMPAGNE HAMM reserves the right to suspend or terminate any contractual relationship with the Client in the event of fraudulent use or violation of applicable legal rules.
The Client accesses their Account using a username and password created during registration. The Client is solely responsible for the use of these credentials and must keep them confidential.
CHAMPAGNE HAMM cannot be held responsible for the loss or theft of these credentials. Modifications to these credentials can only be made by the Client or by CHAMPAGNE HAMM in the event of a forgotten password, upon written request. CHAMPAGNE HAMM is not responsible for the disclosure of these credentials to third parties or the consequences of such disclosure.
4. SERVICES
CHAMPAGNE HAMM offers Visitors the ability to create an Account on the Site to access the following Services:
- Access to CHAMPAGNE HAMM’s online store to purchase products.
5. ORDERS
CHAMPAGNE HAMM allows Clients to place Orders through the Site to purchase products, subject to stock availability and compliance with these General Terms and Conditions.
No Order will be processed until full payment is received from the Client. Each Order will result in an Order confirmation sent by CHAMPAGNE HAMM to the email address provided by the Client during registration.
When placing an Order, the Client must ensure that the Order details are accurate (Personal Data, delivery method, optional features, delivery and/or billing address, etc.).
It is important to note that excessive alcohol consumption is dangerous for health, and alcoholic beverages should be consumed in moderation.
The sale of alcoholic beverages is prohibited to minors. The Client agrees to place Orders for such products only if they meet the legal age requirements of their country of residence.
In compliance with Article L3342-1 of the French Public Health Code, which prohibits the sale of alcohol to minors, the buyer agrees, by completing the order form, to be at least eighteen years old at the time of the Order.
In accordance with Article L3341-4 of the French Public Health Code, CHAMPAGNE HAMM offers breathalyzers for sale.
6. PRODUCT AVAILABILITY
Product offers are valid as long as they are visible on the Site and subject to stock availability.
7. PRICES
The prices of Products ordered through the Site are those indicated in euros (€) on each Product’s page. These prices include all taxes (TTC) but exclude shipping costs (shipping fees are indicated separately and added to the total Order amount).
The total price of the Order is the one indicated during the Client’s validation of the Order, before the “second click” confirmation, in accordance with current regulations.
8.PAYMENT TERMS AND SECURITY
For any Order placed, payment must be made in full at the time of the Order, using a credit card, PayPal account, bank transfer, or check. Once the Order is validated and the payment processed, an invoice will be generated by CHAMPAGNE HAMM and made available in the Client’s Account.
To optimize transaction security, all payments made by credit card on the champagne-hamm-ay.com website are processed through the secure online payment system provided by PayPal.
CHAMPAGNE HAMM reserves the right to refuse any Order from a Client with whom there is an ongoing dispute or to request proof of identity in cases of suspected fraud.
9. DELIVERY
1. Delivery Times
The delivery times applicable to Product Orders placed through the Site are those indicated at the time of the Order, prior to its validation.
These times may vary depending on the delivery location, the chosen delivery method, the quantity of Products ordered, and their availability. The delivery times announced during the Order are provided in business days and are subject to Order validation.
Delivery times, starting from the confirmation of the Order, range from 48 hours to 10 business days.
CHAMPAGNE HAMM commits to delivering Orders placed by the Client within the specified timeframes. However, CHAMPAGNE HAMM cannot be held responsible for delays caused by circumstances beyond its control.
“Circumstances beyond its control” include, but are not limited to:
- Acts of God or force majeure, such as earthquakes, cyclones, storms, floods, wars, pandemics, road, train, or airplane accidents, embargoes, etc.
- Any act, failure, or negligence by a third party, such as the recipient, postal services, carriers, or other third parties involved in the delivery process, even if the sender was not informed of the involvement of such third parties.
Online sales of products and services presented on the Site are reserved for clients residing in mainland France. Shipping fees are waived for purchases over €70.
2. Carrier
Products are delivered by CHAMPAGNE HAMM to the delivery address provided by the Client or to the selected pickup point.
If any part of the delivery address or required information provided by the Client during the Order is incorrect, causing the Order to be returned to CHAMPAGNE HAMM, the Client will bear the associated costs and consequences.
Delivery fees depend on the purchased products, the total cart amount, the delivery destination, and the chosen delivery method. CHAMPAGNE HAMM reserves the right to adjust shipping fees if exceptional costs apply to the Order.
Carrier Information:
- GEODIS: (parcel tracking service)
10. GUARANTEES
1. Product Conformity
The Client is required to carefully inspect the condition and conformity of the delivered Products upon receipt. The Client may either accept the Order if it appears satisfactory or refuse it if it is clearly non-compliant.
2. Order Refusal
If the Client refuses an Order at the time of delivery or returns it due to a quality issue with the Product(s), the Client must notify CHAMPAGNE HAMM by mail or email at the following addresses:
CHAMPAGNE HAMM, 16 rue Nicolas Philipponnat, 51160 AY-EPERNAY.
CHAMPAGNE HAMM will then issue a Return Authorization, which will include the information previously provided by the Client and a return number. The Client must return the Product(s) along with a copy of the purchase invoice and the signed and dated Return Authorization.
In any case, the Client must clearly indicate in the mail or email all requested information and the specific reasons justifying the return or refusal of the Order, except in cases of a simple withdrawal within 14 days of the Order.
This right of return is exercised without penalty or fees, except for return shipping costs, which remain the responsibility of the Client.
CHAMPAGNE HAMM will offer the Client the choice of replacing the Product(s) with a new delivery. If replacement is not possible, CHAMPAGNE HAMM may offer the Client a refund for the Order amount.
The Client may also exercise the conformity guarantee in accordance with Articles L.217-1 and following of the French Consumer Code and the hidden defect guarantee in accordance with Articles 1641 and following of the French Civil Code, provided they can prove that the defect of conformity and/or hidden defect appeared after the Product was delivered.
RIGHT OF WITHDRAWAL
In accordance with Articles L.221-18 and following of the French Consumer Code, the Client has the right to withdraw from their purchase without providing a reason, within 14 days from the receipt of the first Product(s) ordered.
To exercise this right of withdrawal, the Client must notify their decision in writing, either on plain paper or by completing the withdrawal form, and send it by mail to:
CHAMPAGNE HAMM – 16 rue Nicolas Philipponnat, 51160 Ay-Champagne.
The buyer will be refunded within thirty (30) days from the return of the Product(s).
The Client must return the Products in their original condition and packaging, along with the completed withdrawal form, a copy of the invoice, and, for alcoholic beverages, the customs accompanying document with the returned products annotated. Any damaged or opened Product will not be taken back, exchanged, or refunded.
This right of return is exercised without penalty or fees, except for return shipping costs, which remain the responsibility of the Buyer. In the event of a return, CHAMPAGNE HAMM commits to refunding the Buyer the full amount paid, including initial delivery fees, no later than thirty (30) days from the date CHAMPAGNE HAMM is informed of the Buyer’s decision to withdraw, provided the Products are received in good condition by CHAMPAGNE HAMM.
The refund will be made using the payment method used for the original order.
If the entire order is returned, CHAMPAGNE HAMM will refund the delivery fees associated with the order. In the case of a partial return, CHAMPAGNE HAMM will not refund the delivery fees.
12. PERSONAL DATA
The information collected is subject to computer processing for customer management purposes. For any questions regarding your personal data, please consult our Privacy Policy or contact us via email through our contact page.
13. INTELLECTUAL PROPERTY
The CHAMPAGNE HAMM website is the exclusive property of CHAMPAGNE HAMM SAS.
The entire Site is subject to international copyright laws and, more generally, intellectual property laws, both for its content (texts, images, data, designs, graphics, photos, and soundtracks) and its structure (selection, layout, data access methods, data organization). These contents, appearing on the Site’s pages, are the exclusive property of CHAMPAGNE HAMM SAS.
The reproduction or representation, in whole or in part, of the pages, data, or any other component of the Site, by any means or on any medium, is prohibited without the express prior authorization of the publisher and constitutes an infringement punishable under Articles L335-2 and following of the French Intellectual Property Code.
These General Terms and Conditions do not transfer any intellectual property rights to Clients and/or Visitors. Consequently, they are strictly prohibited from reproducing and/or using any part of the content available on the Site or the Site itself. Clients and Visitors are also prohibited from copying, modifying, altering, translating, reproducing, distributing, selling, publishing, exploiting, or disseminating any of these elements in any way or on any medium.
Failure to comply with any provision of this article exposes the offender to legal action and incurs their civil and criminal liability, particularly for trademark and copyright infringement.
14. LINKS, THIRD-PARTY WEBSITES, AND PARTNERS
CHAMPAGNE HAMM SAS cannot be held responsible for the technical availability of third-party websites (including its partners) that the Visitor/Client may access via the Site.
CHAMPAGNE HAMM SAS assumes no responsibility for the content, advertisements, products, and/or services available on such third-party websites or offered by these third parties (including its partners), which are governed by their own terms of use.
CHAMPAGNE HAMM SAS is also not responsible for transactions between the Visitor/Client and any advertiser, professional, or merchant (including its partners) to which the Visitor/Client is directed via the Site and cannot be a party to any disputes that may arise with these third parties, particularly concerning the delivery of products and/or services, guarantees, representations, or other obligations to which these third parties are bound.
Additionally, the Site may contain hyperlinks, as well as promotional, commercial, or sponsorship visuals, to third-party reseller or independent service provider websites. CHAMPAGNE HAMM SAS is not responsible for the content of these third-party websites and does not guarantee their accuracy, validity, quality, or integrity, particularly regarding transactions conducted directly between the Visitor/Client and a third-party reseller or independent service provider.
15. LIABILITY AND FORCE MAJEURE
CHAMPAGNE HAMM SAS guarantees the proper execution of Orders placed by the Client.
However, CHAMPAGNE HAMM SAS cannot be held responsible:
- In the event of non-compliance by the Client with the terms of these General Terms and Conditions of Sale or Use.
- For any malfunction of the Visitor’s/Client’s computer equipment or Internet connection when accessing the Site.
Furthermore, the Client is solely responsible for any damage resulting from the use of their login credentials, email address, or confidential codes by a third party, as well as for any information they have made accessible.
CHAMPAGNE HAMM SAS cannot be held liable for the non-performance of the contract in the event of force majeure, as defined by Article 1240 of the French Civil Code.
APPLICABLE LAW – DISPUTE RESOLUTION
These General Terms and Conditions are governed by French law.
In the event of a dispute arising in connection with these General Terms and Conditions, their interpretation, consequences, or any acts supplementing or modifying them, the parties will always strive to find an amicable solution before taking the matter to court.
To this end, the Client is informed that CHAMPAGNE HAMM’s customer service can be reached at the following contact details:
CHAMPAGNE HAMM
16 rue Nicolas Philipponnat, 51160 Ay-Champagne
Tel: 03 26 56 99 56
If an amicable resolution cannot be reached, the Client and/or CHAMPAGNE HAMM SAS may bring their claim before the competent French courts.
Additionally, under Articles L 611-1 and following of the French Consumer Code, the Client has the right to seek free mediation (excluding potential lawyer and expert fees) to resolve a dispute with CHAMPAGNE HAMM SAS.
Since February 15, 2016, the European Commission’s online dispute resolution platform has been available to the public. Any consumer encountering a dispute with a business located within the European Union can submit a mediation request through this European platform:
https://ec.europa.eu/consumers/odr/main/?event=main.home.selfTest
You can also visit the European Commission’s website dedicated to consumer mediation for more information.