Version dated September 20 2023
Introduction
Every order of champagne and/or products that are marketed under the Veuve Clicquot brands on https://manoirdeverzy.veuveclicquot.com/ website (the ‘Website’) and that are sold or distributed by MHCS (a public limited company incorporated as a French société anonyme, with share capital of €433,193,789, the registered office of which is at 9 Avenue de Champagne, 51200 Épernay, France and which is registered in the Reims Trade and Companies Register under number 509 553 459 - Tel. +33(0) 3 26 51 20 00, FR007371_05PFK9) is governed by these General Terms and Conditions of Sale (‘General Terms and Conditions of Sale’) which supersede any other general terms and conditions of sale as soon as they come into effect.
You may only purchase the products for your personal use, as an end customer who is also an individual, and not in connection with any business activity. In particular, the products may not be resold or used for business or professional purposes.
This online sales service is provided by the Veuve Clicquot Visitor Centre boutique (the ‘Boutique’) for customers of the Veuve Clicquot Visitor Centre. It allows you to order a selection of the products that are available in the Boutique (the ‘Products’) on the Website (via a QR code that is provided to you) and then to come to the Boutique to pay for and collect your order.
When you place an order on the Website, you will be asked to confirm that you agree to these General Terms and Conditions of Sale.
CONTACT
For any information, complaint or question regarding these General Terms and Conditions of Sale or our products, please contact:
- by e-mail: boutiquevcp@moethennessy.com or
- by telephone telephone (the cost of a call to a landline): +33 3 26 89 53 90, between 10am to 5pm, Tuesday to Friday.
You will be contacted within two (2) working days of receipt of your enquiry and informed of the average time required for it to be dealt with which will depend on the type of enquiry and/or its complexity.
AGE RESTRICTION
You must be at least eighteen (18) years old to place an order. You will be asked to confirm your age whenever you place an order on the Website. Please ensure that any person who collects your order in your name is also of age.
PLACING ORDERS
To place an order via the Website, please follow the instructions on the Website. You will be given the opportunity to check the details of your order (the products and the quantities) and the total price and to correct any mistakes before finalising your order. By placing an order on the Website, you will be expressly waiving the benefit of Article 1587 of the French Civil Code.
Once your order has been placed on the Website, we will send you an e-mail confirming the details of your order and that it is being dealt with by the teams at the Boutique.
If we are unable to provide a product that you have ordered, we will contact you by e-mail to notify you that your order has been cancelled.
Given the nature of the products sold and to ensure the optimum availability of our products to all of our customers, products may only be purchased for personal and private use (which may include them being given as gifts) and not in connection with any business activity or for the purposes of resale. In compliance with Article L. 121-11 of the French Consumer Code, we reserve the right to refuse, reduce, split or cancel, for legitimate reasons:
- any orders where the quantity of products or the amount to pay (for one or more aggregate orders) or the frequency of the orders clearly does not correspond to a household’s normal, average use;
- any orders where the quantities of products ordered (for one or more aggregate orders) could cause the relevant products to be out of stock; or
- any orders that are fraudulent or presumed to be fraudulent or any orders that appear to be business transactions, bad faith transactions, fraud, attempted fraud and, generally, breaches of these General Terms and Conditions of Sale.
Other legitimate reasons may justify your order being refused or cancelled.
If your order is cancelled, we will contact you by e-mail to notify you.
If you no longer want the products that you have ordered, you may cancel your order.
DESCRIPTIONS AND IMAGES OF THE PRODUCTS
We take the greatest care in how the products are presented on the Website, in particular to meet the requirements of Article L. 111.1 of the French Consumer Code.
However, the images of the products offered for sale on our Website are for illustrative purposes only and do not form part of any contract. Your products (including their colour or packaging) may differ slightly from those images.
PRODUCT PRICES
All prices given on the Website are in euros (€) and are inclusive of value added tax.
The Website lists a significant number of products and it is possible that, despite our best efforts, the price of certain products that is given on our Website is incorrect. As part of our order preparation process, we check the prices. If we notice that the correct price of a product is less than the price referred to on the Website, we will charge the lower price and refund you the difference. If the correct price of a product is more than the price referred to on the Website, we will charge the lower price. However, where we believe that the pricing error was obvious and that you could have reasonably identified it as a pricing error, we reserve the right to contact you to ask you whether you wish to purchase the product at the correct price, failing which we reserve the right to cancel your order.
COLLECTING ORDERS AT THE BOUTIQUE
As soon as you receive confirmation by e-mail that the order preparation has been finalised, you must go to the counter in the Boutique together with your order confirmation received by e-mail and your proof of payment, in order to pay for and collect your order.
If you do not collect your order within two hours of receiving confirmation that the order preparation has been finalised, the products will be returned to the Boutique and the order cancelled.
Product orders must be intended for and collected by an adult who is over eighteen (18) years old.
You must check the contents of your order when you receive it.
PAYING FOR ORDERS
Orders must be paid for in euros (€), directly at the counter in the Boutique, before they can be collected. The till receipt may be printed in the Boutique or sent to you by e-mail. An e-mail confirming that the order has been collected will also be sent to you. Orders placed on the Website must be paid for in the Boutique by means of the payment methods that are authorised in the Boutique, namely cash or bank card.
OWNERSHIP AND RISK IN RELATION TO THE PRODUCTS
Ownership of the products will pass to you when we receive payment of all the sums owing with respect to those products.
Risk passes to you when you physically take possession of the products.
RIGHT TO WITHDRAW
In accordance with Article L. 221-18 of the French Consumer Code, any customer who is a ‘consumer’ (as defined by the French Consumer Code) has the right to withdraw from a contract for the distance sale of products (the ‘Products Contract’) within fourteen (14) days of the customer taking physical possession of the products, without having to give reasons for or justify the decision to withdraw.
To exercise this right, the ‘consumer’ customer must, before the withdrawal period expires, inform us of their decision to withdraw from the Products Contract by means of a clear declaration given:
- by telephone (by calling the number given in our Contact section).
- by e-mail or post (to the addresses given in our Contact section. The customer may then, with no obligation, use the suggested withdrawal form that is appended to these General Terms and Conditions.
The customer must return the products to us, at their cost, using their choice of carrier. It is not possible to return products to our premises (boutique or warehouse).
Unless we expressly agree otherwise, the products must be returned within a maximum of fourteen (14) days of the date of notification of the customer’s decision to withdraw from the Products Contract.
It is essential that products be returned in a condition that allows for them to be made available for resale, notably in perfect condition and in their original packaging, with a copy of any invoice or of any consignment note that was issued.
The products returned will be subject to inspection by our quality control department. You are solely liable for any reduction in the value of the products resulting from handling that goes beyond what is required to establish the nature and characteristics of the products and how they function (e.g., if you have handled the products in a manner that would not be allowed in a store).
If a customer withdraws from a Products Contract entirely, we will refund all payments received from them in relation to such contract.
In the event of a partial withdrawal from a Products Contract, we will only refund the payments received for the products returned.
We will refund any sums owed (less any deductions) within fourteen (14) days of the date of notification of the customer’s decision to withdraw from the Products Contract.
We will refund any sums using the same method of payment as the customer used for the initial transaction, unless the customer has given their prior consent to another refund method. If the customer paid by credit/debit card, the same card will be refunded. It is not possible to refund another card. Refunds will be at no cost to the customer.
STATUTORY WARRANTIES: NON-CONFORMITY AND LATENT DEFECTS
In accordance with applicable regulations, we are liable:
- only to ‘consumer’ customers (as defined by the French Consumer Code) for any non-conformity of the products sold on the Website, in accordance with Article L. 217-3 et seq. of the French Consumer Code; and
- for any latent defects in the products sold on the Website, in accordance with Article 1641 et seq. of the French Civil Code.
Please contact us for any request relating to a claim under either of these warranties.
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Any consumer who brings a claim under the statutory warranty of conformity:
If repair or replacement is not possible, we will then offer the customer the choice between cancelling the order with the price being refunded (unless the non-conformity is minor) and keeping the products with the price being partially refunded. The consumer may decide to make a claim under the warranty against latent defects in the item sold, within the meaning of Article 1641 of the French Civil Code. If so, they may choose between having the sale rescinded and having the sale price reduced, in accordance with Article 1644 of the French Civil Code. The consumer has two years from delivery of the item to claim under the statutory warranty of conformity should an instance of non-conformity appear. During that period, the consumer is only required to establish the existence of the non-conformity and not the date it appeared. Where the contract for the sale of the item includes the provision of digital content or a digital service continually for a period of more than two years, the statutory warranty applies to that digital content or digital service throughout that period. During that period, the consumer is only required to establish the existence of the non-conformity affecting the digital content or digital service and not the date it appeared. The statutory warranty of conformity entails an obligation on the professional, if applicable, to provide all updates required to maintain the conformity of the item. The statutory warranty of conformity gives the consumer the right to have the item repaired or replaced within thirty days of a claim, at no cost to and without significant inconvenience for the consumer. If the item is repaired under the statutory warranty of conformity, the consumer’s original warranty is extended by six months. If the consumer asks for the item to be repaired but the seller requires that it be replaced, the statutory warranty of conformity is renewed for a period of two years from the date the item is replaced. The consumer may obtain a reduction in the purchase price whilst still keeping the item or they may terminate the contract and receive a full refund if the item is returned, if: 1° the professional refuses to repair or replace the item; 2° the item is repaired or replaced after a period of thirty days; 3° the repair or replacement of the item causes significant inconvenience for the consumer, particularly where the consumer ultimately bears the costs of collecting or removing the non-compliant item or if they bear the costs of installing the item that has been repaired or replaced; or 4° the non-conformity of the item persists despite the seller’s unsuccessful attempt to remedy the non-conformity. The consumer also has a right to a reduction in the price of the item or to have the contract rescinded where the non-conformity is so serious that it justifies the price reduction or the rescission of the contract being immediate. In such case, the consumer is not required to ask for the item to be repaired or replaced in advance. The consumer has no right to have the sale rescinded if the non-conformity is minor. Any period during which the item is unavailable due to it being repaired or replaced suspends the remaining period of the warranty until the repaired or replaced item has been delivered. The rights referred to above result from the application of Articles L. 217-1 to L. 217-32 of the French Consumer Code. Any seller who, in bad faith, blocks a claim under the statutory warranty of conformity faces a civil fine of up to €300,000, which may be increased to 10% of average annual turnover (Article L. 241-5 of the French Consumer Code). The consumer also has the statutory warranty for latent defects pursuant to Articles 1641 to 1649 of the French Civil Code, for a period of two years from the defect being discovered. That warranty gives a right to a price reduction if the item is kept or a full refund if the item is returned. |
OUR LIABILITY
Unless we breach any of our obligations, we may not be held liable for any loss or damage (whether direct or indirect) resulting from or in relation to:
- any use of a product bought on the Website that is not in accordance with the intended use of that product;
- access to or an inability to access the Website;
- any content shown on the Website (including the accuracy or updating of the contents of the Website);
and, generally, for any loss or damage (whether direct or indirect) the cause of which cannot be attributed to us, that may occur following access to the Website and resulting from any information that comes directly or indirectly from the Website.
FORCE MAJEURE
Our obligations will be automatically suspended, without the need for any formalities and without us being held liable in that regard, if a force majeure event (as defined in the first paragraph of Article 1218 of the French Civil Code) occurs.
In particular, if such an event affects the performance of our obligations under a Products Contract:
- we will notify you that the event has occurred;
- our obligations under the Products Contract will be suspended and the timeframe for performing those obligations will be extended for the duration of the event. If the event affects delivery of the products, we will contact you.
If we cannot fulfil our obligations under the Products Contract, you may choose to cancel that contract.
TRANSFER OF RIGHTS AND OBLIGATIONS
Any Products Contract entered into between you and us will be binding on you and us, as well as our respective successors and assigns.
We may transfer, assign, subcontract or dispose of in any other manner all or part of the Products Contract or any of our rights and obligations arising under it, at any time during the order, on the condition that your rights are not affected.
You may not transfer, assign, subcontract or dispose of in any other manner an order or any of your rights or obligations arising under it, without our prior written consent.
SEVERANCE AND NO WAIVER OF CLAIMS
If any of the provisions of these General Terms and Conditions of Sale is held to be null and void, inapplicable or irrelevant as a result of a regulation or a final decision by a relevant authority, such provision will be deemed void and all the other provisions of these General Terms and Conditions of Sale will continue to apply.
No failure on our part to invoke a breach by you of any of the provisions of these General Terms and Conditions of Sale may be construed as a waiver of our rights or of the right to subsequently invoke such breach.
ENTIRE AGREEMENT
These General Terms and Conditions of Sale and any document to which they expressly refer constitute the entire agreement between us, particularly regarding any Products Contract. They supersede any prior verbal or written understanding, agreement or arrangement.
These General Terms and Conditions of Sale and any Products Contract are not intended to confer any rights on any parties other than you and us.
Notwithstanding the above, when you place an order via the Website, your use of the Website implies that you agree to its General Terms and Conditions of Use.
CHANGES TO THESE GENERAL TERMS AND CONDITIONS OF SALE
We reserve the right to change these General Terms and Conditions of Sale, for any reason whatsoever including where there is a change in the organisation of our business or in the event of obligations imposed by laws or regulations.
The new version of the General Terms and Conditions of Sale will apply from the date it is published on the Website.
We recommend that you print a copy of these General Terms and Conditions of Sale for future reference.
GOVERNING LAW AND SETTLING DISPUTES
These General Terms and Conditions of Sale (and any Products Contract) are governed by French law (with the exception, if applicable, of the Vienna Convention on the International Sale of Goods and any conflict of laws rules and international agreements that may lead to the application of other legislation).
The version of these General Terms and Conditions of Sale in the French language will prevail over any suggested translation of them.
We would like to deal with any concerns you may have without having to instigate formal legal proceedings. Before bringing a claim against us, if you have a dispute with us regarding our contract with you, you may contact us and attempt to resolve the dispute with us informally.
Any dispute or claim relating to these General Terms and Conditions of Sale or any Products Contract (including any dispute or claim relating to their validity, interpretation, performance, termination or consequences) will be referred exclusively to the French courts designated in accordance with the applicable rules of jurisdiction.
In the event of a dispute with a consumer (as defined by the French Consumer Code) and following an unsuccessful written claim by the customer to MHCS or if there is no response from MHCS within one (1) month, the consumer has the right, free of charge, to seek the help of a consumer mediator with the aim of reaching an amicable settlement of a dispute between the customer and a professional.
For mediation, MHCS uses the Paris Mediation and Arbitrage Centre (CMAP), the contact details of which are as follows: 39 Avenue Franklin Roosevelt, 75008 Paris, France; e-mail address: consommation@cmap.fr; website: https://www.cmap.fr/offre/un-consommateur/
The customer is free to accept or reject the use of mediation and will also always have the option of resolving the dispute by bringing a claim in the courts in accordance with Article 631-3 of the French Consumer Code. If mediation is used, each party is free to accept or reject the solution proposed by the mediator.
If the customer who is both a consumer and an individual decides not to use mediation or if they reject the solution proposed by the mediator, the dispute will then be referred to the courts of the customer’s choosing (either the courts that have territorial jurisdiction pursuant to the French Civil Procedure Code or the courts of the place where the customer resided when the contract was entered into or when the loss occurred), regardless of whether there are summary proceedings, whether any third parties are joined or whether there is more than one respondent.
If there is no mediation, the dispute will be referred to the courts that have jurisdiction over the registered office of MHCS.
WITHDRAWAL FORM
For the attention of MHCS:
If sent by post:
MHCS
9 avenue de champagne
51207 Epernay Cedex
I hereby notify you that I withdraw from the contract relating to the sale of the item below:
- Order number:
- Delivery received on:
- Products and reference number(s) of the relevant products:
- Name of the ‘consumer’ customer:
- Address of the ‘consumer’ customer:
Signature of the ‘consumer’ customer (only if a hard-copy of this form is used):
Date:
If you have any questions relating to this withdrawal form, please contact us as follows:
- by e-mail: boutiquevcp@moethennessy.com
- by telephone (the cost of a call to a landline): +33326895390, between 9.30 am to 5.30 pm, Tuesday to Friday and on Saturdays from 10am till 5pm.