MHCS – GENERAL TERMS AND CONDITIONS OF ONLINE SALE
MOËT & CHANDON’S TOURS
applicable from 07/01/2017
ARTICLE 1. SCOPE OF APPLICATION
These general terms and conditions of sale concerning the participation to the MOËT & CHANDON’s tours standing at 20, Avenue de Champagne, 51200 EPERNAY, FRANCE (hereinafter the “GTC”), with MHCS, a company organized under the French law capitalized at 433 193 789 euros, whose registered office is 9 Avenue de Champagne, 51207 Epernay, FRANCE, listed on the Reims Trade and Company Register under n° 509 553 459 – Tél : 03 26 51 20 00, (hereinafter called MHCS), by the Client whether as an individual or corporate, which cancel and replace, if appropriate, the previous GTC from the date of their entry into force, shall govern all orders for services (hereinafter the “Services”), placed with MHCS.
The failure by MHCS to enforce any of these GTC shall not be construed as amounting to a waiver of the right to rely upon any of the said GTC on a future occasion.
Should any of the clauses of the GTC be deemed null and void, the other provisions will continue to remain in full force and effect.
ARTICLE 2. ORDERING SERVICES
2.1 Placing orders for Services and contract formation
Any order for Services should be made exclusively via the website www.moet.com.
After filling of the reservation order form on the above-mentioned website, a sum up of the order is submitted to the Client for confirmation and/or correction.
For the Services contract to be formed, the Client shall proceed with the payment of the Services. Failing receipt by MHCS of the payment of the Services, the order shall be considered void.
2.2 Order amendments
Before the start of the Services, MHCS reserves the right to cancel, to postpone a Services session or to adapt the Services and their time frames in the event of the partial unavailability of installations due for example to maintenance constraints or construction work at the reception site. In such case, MHCS shall inform the Client thereof, in writing or by phone at the contact address or numbers provided by the Client on the registration form, as soon as it has learnt of any event that may entirely or partially affect the Services and will try to reach a satisfactory compromise with the Client for all parties concerned. If, however, no compromise can be reached between the parties, each party shall be entitled to cancel the order under the conditions provided in clause 2.3 below.
The Client may modify the reservation until 3 days prior to the visit by filling the following contact form. Upon receipt of the form, MHCS shall take the request into consideration and inform the Client.
2.3 Order cancellation
The sale of Services shall be assimilated to a sale of leisure services in accordance with article L121-21-8-12° of the French Code de la Consommation, and thus, does not give rise to any withdrawal right.
Should the Client cancel the contract, all sums paid to MHCS will not be reimbursed.
Should MHCS cancel the contract, and if MHCS and the Client do not manage to reach an agreement for another date for the Services, MHCS undertakes to return to the Client all payments collected from the latter under the contract in question.
The refund is exercised with the same payment methods as used by the Client for the order.
ARTICLE 3 - RATES & TERMS OF SALE
The Service rates and terms of sale are those detailed on the website www.moet.com, in force on the day that the Client is placing the order.
Subject to the application of the applicable regulations, MHCS reserves the right to change its rates and terms of sale at any time during the relevant calendar year.
The prices indicated by MHCS for the Services are in Euros (€) and include all taxes.
MHCS does not provide any transport services for people; therefore journeys to and from the venue of the Services remain at the Client’s expense and under the Client’s sole responsibility. Accordingly, no compensation will be due to the Client if it cannot attend the Services on the dates agreed.
ARTICLE 4 - PAYMENT TERMS
Unless agreed otherwise in writing with the Client, the invoices issued by MHCS are payable to an account owned by MHCS and in Euros (€).
The payments shall be made through the website www.moet.com by the adult bank account holder with which the payment has been proceeded.
Any late payment or non-payment of an order will automatically lead to the cancellation of the order.
ARTICLE 5 - PROVISION OF SERVICES
MHCS undertakes to provide the Services with all due skill and care.
MHCS may not be held liable for the consequences of erroneous interpretations by the Client of the information provided during the Services.
Given the nature of the Services, the starting and finishing times may change. Any delays at the start/end of the Services or a change to the coordination of these times by MHCS will not justify the cancellation of the order for Services nor justify any claim for compensation, penalties or costs.
Cases of force majeure (as construed by the French Court of cassation), unforeseeable circumstances or similar events will free MHCS from any obligation to provide the Services and from any liability, without having to pay compensation. Complaints made by the Client will only be considered if the complaint is made within seven (7) days of the date of performance of the Services, and if it is documented by the Client. If the Client's complaint does not satisfy these conditions, the Services will be deemed to have been satisfactory in terms of both quantity and quality. If, after consideration, the complaint – brought within the aforementioned time frame and sufficiently documented – appears to be justified, MHCS may reimburse some of the Services, its liability being strictly limited to this obligation, such that MHCS may under no circumstances be held liable for any compensation or damage whatsoever, or for the payment of any costs whatsoever.
ARTICLE 6 - COMPLIANCE WITH REGULATIONS AND CLIENT'S LIABILITY
MHCS reserves the right to refuse any order from a Client that does not comply with the provisions of the GTC and/or the applicable legal and regulatory provisions in France or in the Client’s country.
Pursuant to the regulations against money laundering, the Client states the following:
• the origin of the funds which it disburses to MHCS to purchase Services is lawful and not derived from any activity contravening national and international legislation regarding financial transactions;
• it has not drawn direct or indirect advantages from a false income statement by the perpetrator of a crime or tort, or provided assistance with any investment, concealment or conversion of the direct or indirect proceeds from a crime or offence.
The Client undertakes to comply with the applicable laws and regulations in the fight against corruption.
In addition, the Client states that it knows and complies with the road regulations applicable in France, and in particular with the provisions regarding the permitted alcohol levels for drivers of motor vehicles, it being specified that breathalyser tests will be made available to the Client during the provision of Services.
The Client undertakes to manage any unruly behaviour by the participants and will bear full responsibility for any incidents that might be caused by participants during the provision of Services.
No alcoholic beverages other than those selected by MHCS shall be served or consumed. Lastly, the Client undertakes to respect the image rights of the contractors providing the Services.
ARTICLE 7 - INTELLECTUAL PROPERTY
All the information provided by MHCS, may them be visual or sound, MHCS’s trademarks and/or logos, all texts, comments, illustrations and images reproduced or represented, in particular at the visited sites and on all communications material associated with the Services, as well as the products served during the provision of Services, are the exclusive property of MHCS.
As such, and in accordance with the provisions of the French Intellectual Property Code, only their private use is authorised. Any other use, in particular for commercial purposes, is strictly prohibited.
The reproduction or representation of all or part of one of the aforementioned elements is strictly prohibited without the prior written consent of MHCS to the Client.
ARTICLE 8 - PERSONAL INFORMATION
HCS is required to request information from the Client in order to process its order. Such information may be communicated to third parties working with MHCS in order to perform the contract. MHCS may need to request additional information from the Client by email or by telephone, for safety reasons (in the context of banking in particular), in order to comply with its own legal and regulatory obligations, and in order to enable MHCS to improve and customise the services offered and the information provided.
In accordance with the French Law of 6 January 1978 (French Data Protection Act), as amended, the Client has the right to access, correct and object to the personal information concerning him/her. The Client may therefore insist that information held about him/her which is inaccurate, incomplete or outdated be rectified, completed, clarified, updated or deleted.
Clients may exercise this right upon request at the following address: firstname.lastname@example.org, or by post at the MHCS address, “Etablissement” MOËT & CHANDON, at 20, Avenue de Champagne, 51200 EPERNAY FRANCE, by indicating their full name, email address and postal address.
ARTICLE 9 - LITIGATION
9.1 Applicable law
Only French law is applicable.
Only the French version of the general terms and conditions shall be authoritative in the event of a dispute.
9.2 Choice of jurisdiction
In case of any dispute and then, in the failure in the written complaint of the Client as an individual, to MHCS, or in the absence of a reply by MHCS within a one (1) month period, the Client may exercise any alternative dispute resolution and in particular, a mediation procedure by accessing the European online dispute resolution platform, at the following address: http://ec.europa.eu/odr.
The Client is free whether to accept or refuse the mediation procedure and, in case the mediation procedure has been chosen, each party is free whether to accept or refuse the amicable solution proposed.
In the case the Client as an individual, foregoes the mediation, or refuses the amicable solution proposed, the dispute shall be then referred to the courts chosen by the Client (either before the courts with territorial jurisdiction under the French Code of Civil Procedure, or with the court of his/her place of residence at the time when the contract was signed or when the harmful event occurred), even in the case of urgent applications, the joinder of third parties or if there is more than one defendant.
In the absence of a mediation procedure, the dispute shall be referred to the competent courts of the MHCS’s registered office.