General terms and conditions for online sales
1. SCOPE AND ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF SALE
1.1 These General Terms and Conditions of Sale (hereinafter the "GTC") shall apply without restriction or reservation to all sales concluded by VRANKEN-POMMERY MONOPOLE (hereinafter "VPM"), a limited company with a capital of € 134,056. 275, whose registered office is located at 5 Place du Général Gouraud - BP 1049 - 51689 REIMS CEDEX 2, 348 494 915 RCS REIMS, intra-community VAT number FR 36 348 494 915, with its customers, namely non-professional buyers (natural persons or legal entities), hereinafter referred to as the "Customer(s)", who wish to purchase the products offered for sale by VPM on its website https://shop.vrankenpommery.com (hereinafter referred to as the "Site").
The GTC form an indivisible whole with the price list and the pricing conditions indicated on the Website.
The GTC may be supplemented by special terms and conditions, which are set out on the website, prior to any transaction with the Customer.
These GTC apply to the exclusion of all other conditions, in particular those applicable to sales in shops or through other distribution and marketing channels.
1.2 Any order implies the total and unreserved acceptance of the GTC. These GTC are subject to change at any time. The GTC are accessible on the Site and shall prevail, if necessary, over any other version or any other contradictory document. In the absence of proof to the contrary, the data recorded by VPM shall constitute proof of all transactions. Changes to the GTC shall be binding on users of the Website as of the date they are posted online and shall not apply to transactions concluded previously.
1.3 In order to be enforceable against VPM, any deviation from the GTC must be expressly accepted in writing beforehand.
1.4 In addition, VPM has established and published on its corporate website https://www.vrankenpommery.com a code of ethics and an anti-corruption code of conduct containing the ethical rules that VPM intends to apply in its business relations with its Clients. The Customer undertakes to read the said charter and code of conduct and to make every effort to comply with them.
2. PRODUCTS – TERRITORY – CONTACT – CAPACITY
The Products offered for sale on the Site by VPM are the following: Champagne, wine, sparkling wine and port wine, as well as all other alcoholic beverages marketed by VPM on the Site (hereinafter the "Products"). VPM reserves the right to modify its range of Products at any time in accordance with changes in the range of Products that it markets, without this giving rise to any right to compensation.
The main characteristics of the Products, and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the Website. The Customer is obliged to take note of these before placing an order. The choice and purchase of a Product is the sole responsibility of the Customer.
The photographs and graphics presented on the Website are not contractual and shall not engage the responsibility of VPM.
The Customer acknowledges that the Products purchased on the Website may not be resold or used for commercial purposes. They may be used as gifts.
The Products presented on the Site are offered for sale in the following territories: Metropolitan France, Corsica and Monaco.
For any request concerning the use of the Site, the Products and their ordering and/or delivery methods, the Customer may contact the VPM E-commerce department from Monday to Friday from 9:00 a.m. to 6:00 p.m. (except for public holidays and annual closures):
- By phone: 03.26.61.63.30
- By post: VRANKEN-POMMERY MONOPOLE - Service E-Commerce - 5, Place du Général Gouraud - BP 1049, 51689 Reims Cedex 2.
- By e-mail : firstname.lastname@example.org
Capacity of the Customer
The Customer declares that he/she has the capacity to enter into the present contract, formalised by the acceptance of the GTC, the charter for the use of personal data, and the validation of his/her order, and that he/she is not subject to any prohibition in order to do so, in particular relating to the consumption of alcoholic beverages, and this, by virtue of any applicable law and in particular the Public Health Code.
The Customer declares that he or she is of legal age and legally authorised to purchase alcoholic beverages. It is furthermore specified that the abuse of alcohol is dangerous to health, and that it must be consumed in moderation.
Before placing an order, the Customer may create an account to benefit from an order tracking service, as well as a history of the last orders placed. If the Customer does not wish to create an account, he/she may place an order directly without having to do so.
It is the Customer's responsibility to select the Products they wish to order on the Site. Once the Product(s) have been added to the basket, the Customer will be able to directly modify the quantities of the Products already selected. They may also continue shopping on the Site if they wish, by clicking on the "continue shopping" button at the top left. The Customer has the possibility to check the details of his order, its total price and to correct any errors before confirming his acceptance. It is the Customer's responsibility to check the accuracy of the order and to report or rectify any errors immediately. The Customer will proceed to the payment section by clicking on the " CHECKOUT " button after having checked the contents of their " Cart Summary ".
The Customer will then arrive in part 1 "Delivery details". The Customer will be able to fill in the various fields, which are "Full name", "Email", "Phone Number" "Street Address", "Apartment/Suite", "City", "Country", "Province/State" and "Postcode/ZIP Code". The fields "Apartment/suite", "Province/state" and "Telephone" are optional, and the Customer may leave them blank. (However, we recommend that the Customer enter his or her telephone number to facilitate contact during delivery).
Once the fields have been filled in, the Customer has the option of ticking the box "Use a different shipping address" if he or she wishes to have the goods delivered to an address different from the one previously registered. To proceed to the next step, the Customer will click on the "CONTINUE TO SHIPPING" button. The Customer will always have the possibility to modify the fields filled in by clicking on the underlined word "Edit" on the right once he or she is at step 2.
There are two possibilities when moving on to the next step:
If the Customer has ticked the box "Use a different delivery address" before clicking on the button "CONTINUE: DELIVERY" the Customer will have to fill in the fields "Full name" "Email" "Address" "Apartment" "City" "Country" "Province" as well as "Postcode" again. The fields "Apartment", "Province" and "Telephone" are optional and the Customer may leave these fields blank. (We do however recommend that the Customer enters his/her telephone number to facilitate contact during delivery):
- The Customer must then click on the "USE THIS ADDRESS" button to confirm that he/she wishes to have his/her order delivered to this address.
Once the "click" has been made, a summary of the delivery address will appear to enable the Customer to check his address. He will always have the possibility to modify it by clicking on the underlined word "modify" on the right. The Customer will have to choose the delivery method from among the various possible choices.
Once the choice has been made, the Customer will click on "continue to payment" to go to step "3 PAYMENT".
- If the Customer has not ticked the box "Use a different shipping address", he will have to choose his delivery method from the various possible choices. Once the choice has been made, the Customer will click on "Continue to payment" to proceed to step "3 PAYMENT".
It is the Customer's responsibility to ensure that the choices made correspond to their wishes and that the details they have provided are correct.
Afterwards, he will have to enter his credit card information. When the customer is about to click on the "ORDER" button, this is the last and final "click" to definitively validate the order.
From this point onwards, the order is considered irrevocable for the Customer and cannot be questioned or modified, except for the Customer to exercise his legal right of withdrawal (see article 9.3 of the GTC). After confirmation of payment, a summary of all the information will appear and will also be sent to the Customer by e-mail to the address provided.
Any order placed, validated by the Customer and confirmed by VPM, where applicable, under the conditions and according to the procedures described above, on the Website constitutes the formation of a contract concluded at a distance between the Customer and VPM.
In the absence of proof to the contrary, the data recorded in VPM's computer system shall constitute proof of all transactions entered into with the Customer.
VPM reserves the right to cancel or refuse any order from a Customer with whom there is a dispute regarding the payment of a previous order.
For certain large bottles (300 cl, 600 cl, 900 cl, 1200 cl, and 1500 cl) and for the Products listed in the "Exceptional bottles" tab, online ordering via the Website is not available.
As indicated on our site, for "Exceptional bottles" the price will be communicated only on request, by contacting VPM.
4. PRODUCT PRICE LIST
4.1 The unit price of the Products is automatically based on VPM's price list in force on the day the Customer places the order with VPM. It is indicated in euros, including all taxes and duties, and is displayed on the Site, excluding any delivery costs. These delivery costs will be indicated during the validation of your order, before payment.
4.2 The price includes the Eco-Packaging contribution.
The prices appearing on the Site may be modified at any time, without prior notice, it being understood that the applicable prices are those in force at the time the order is registered by VPM on the Site. These prices are firm and cannot be revised during their period of validity.
The prices shown on the Site do not include the costs of processing, shipping, transport and delivery, which are invoiced in addition, under the conditions indicated on the Site and calculated before the order is placed. Delivery is free for orders of at least one hundred and fifty euros, including all taxes (€150). Below this amount, delivery is charged at eight (€8) euros.
Where applicable, if the Customer requests a faster or more expensive method of delivery than standard delivery, the additional delivery costs, as they appear at the time of validation of the order by the Customer, shall be borne in full by the Customer. The payment requested from the Customer corresponds to the total amount of the purchase, including these costs. An invoice will be issued by VPM and given to the Customer upon delivery of the Products ordered.
5. PRODUCT DELIVERY
5.1 Delivery times
5.1.1 Delivery is made to the address indicated by the Customer at the time of ordering, in metropolitan France, Corsica and Monaco. The recipient of the delivery must be an adult. At the time of each delivery, the Customer must write down the date, time and name of the person mandated to receive the Products, affix his or her commercial stamp if applicable, and sign the delivery/receipt slip.
5.1.2 Orders are sent within 7 working days. The estimated delivery time is indicated when choosing the delivery method on the Website. VPM undertakes to make its best efforts to deliver the Products ordered by the Customer within the time limits specified above. However, these deadlines are provided for information purposes only. If the Products ordered have not been delivered within seven (7) working days after the indicative delivery date, for any reason other than force majeure or the Customer's fault, the sale may be cancelled at the Customer's written request under the conditions set out in Articles L 216-2 L 216-3 L241-4 of the French Consumer Code. The sums paid by the Customer will then be restored to him at the latest in the fourteen days which follow the date of denunciation of the contract, with the exclusion of any compensation or retention.
5.1.3 Except in special cases or when one or more Products are unavailable, the Products ordered will be delivered in a single shipment. For a given order, VPM reserves the right, if necessary, to make multiple deliveries, as indicated in point 3.5 of the GTC. The Customer shall not be entitled to charge VPM any penalty or claim any damages as a result, which the Customer expressly acknowledges and accepts.
5.2 Transport and transfer of risk
5.2.1 The transfer of risk occurs between the parties at the time of the first presentation of the carrier at the place of delivery designated by the Customer.
5.2.2 The Customer is required to check the condition of the Products delivered. In the event of damage, loss or shortages, the Customer must make all necessary observations, with all related proof (including photos) if necessary, on the delivery note and notify the carrier as provided for in Article L.133-3 of the French Commercial Code, sending a copy to VPM without delay. It is expressly agreed that the time of delivery, as recorded by both the carrier and the Customer, as well as any other reason for the reservations, must be specified on the transport receipt. No claim may be made against VPM for damage, loss or shortages in the event that the Customer fails to comply with the provisions of this article and the provisions of Articles L. 133-1 et seq. of the French Commercial Code.
5.3 Delivery procedure
5.3.1 Exceeding the delivery deadline by VPM shall not give rise to penalties for delay, damages, withholding or cancellation of orders in progress.
5.3.2 No delay in delivery shall entitle the Customer to cancel the order, in whole or in part, or to refuse delivery of the Products, without VPM having been able to ascertain effectively and in advance the reality of the grievance of which it is accused by the Customer, except in application of the consumer's right of withdrawal.
The customer will be informed by our carrier as soon as the latter takes charge of the package.
On the day of delivery, the customer will receive an SMS and an e-mail indicating the delivery time slot. This time slot can be modified by clicking on the link indicated in the content of the SMS and the e-mail.
If the Customer is absent at the time of delivery, the parcel will be returned to the delivery agency and the Customer will be informed of this by means of a delivery notice. The Customer will have to contact the carrier again to reschedule a delivery or pick up the package directly from the carrier.
If the Customer does not receive the package within 7 days, the order will be returned to VPM by the carrier.
6. INVOICING AND PAYMENT OF PRODUCTS
Payment of the price of the Products shall be made online, in Euros and in full on the day the Customer places the order, by secure payment. Once the payment has been registered, VPM shall send the Customer a confirmation email. The only method of payment accepted for orders subject to these GTC is by credit card (Visa and Mastercard are accepted). Payment of the price via the Website is made directly to VPM, using the Customer's bank card number via a secure payment system. The Customer's bank account will be debited for the amount of the order as soon as the transaction is finally validated, after the "double click".
A proof of payment will be automatically available to the Customer, at the end of the transaction, on the email address provided by the Customer when ordering on the Site, and on his customer account if applicable. In the event of refusal by the payment center concerned, the order will be automatically cancelled and the Customer will be informed thereof. Furthermore, the Customer guarantees VPM that he has the necessary authorizations to use the method of payment chosen when confirming the order and payment.
6.1 Payment security
VPM has entrusted the implementation of its electronic payment server to SNIPCART for the security of online payments. VPM guarantees Customers the total confidentiality of their banking information. The validity of access rights for each payment by credit card and encrypts all exchanges in order to guarantee confidentiality, in the general conditions of SNIPCART available via the link on the payment page of our site. VPM guarantees that the encryption means and services used to secure the transactions have been authorised or declared in accordance with the legislation in force.
6.2 Real-time ticketing
All purchases of Products by Customers are made in real time on the Site. In this context, the Site informs the Customer in real time of the availability of the Products at the time of placing the order according to the Product selected.
When the Customer makes a reservation, the "Basket" tab allows the Customer to check that the Products assigned correspond to his wishes.
7. RESERVATION OF OWNERSHIP
The ownership of VPM's products will be transferred to the customer, notwithstanding their delivery to the customer and the transfer of risks which occurs in accordance with the stipulations of article 5.2, upon full payment of their price.
8. DISCLAIMER OF LIABILITY
8.1 Force majeure : VPM's obligations will be suspended by operation of law and its liability excluded with respect to the Customer, in the event of the occurrence of any event constituting force majeure, as defined in Article 1218 of the French Civil Code and by the case law of the French courts.
VPM undertakes to inform the Customer as soon as possible of the occurrence of such an event.
In the event of the persistence of a case of force majeure beyond thirty (30) days, each party will have the option of cancelling the current order.
8.2 Other causes exonerating from liability :
- In view of VPM's activity, the Customer acknowledges and accepts that circumstances beyond VPM's control that seriously disrupt the manufacture and delivery of the Products will be considered as grounds for exonerating VPM from liability in the event of failure to deliver in accordance with the terms of the order. These same circumstances may justify the suspension and/or cancellation of an order.
By way of non-exhaustive examples, the following will constitute by right exonerating causes of liability: fires, floods, earthquakes, bad weather, climatic hazards, exceptional weather conditions or any other natural events, pandemics, epidemics, health crises, border closures, wars, attacks, riots or insurrections, general strike action in the transportation or fuel sector, any difficulty in the supply of raw materials or shortages, any strike action affecting VPM, subcontractors, suppliers or service providers used by VPM, embargo or any decision by a public authority that affects the manufacture and/or marketing of the Products, or the supply of raw materials.
- VPM undertakes to do its utmost to honor its Customers' orders. Nevertheless, in the event of the occurrence of a cause exempting VPM from liability, as referred to in Article 8.2.1, making it impossible for VPM to perform all or part of its obligations, then VPM will be exonerated from all liability.
In the event that such exonerating cause persists beyond thirty (30) days, each party will be entitled to cancel the order in progress.
9. PRODUCT COMPLIANCE, WARRANTY AND LIABILITY
9.1 Non-conformity / defect
9.1.1 It is the Customer's responsibility to check the conformity of the Products, both in terms of quantity (weight or UVC) and quality, as the Products sold on the Site comply with the regulations in force in France. Without prejudice to the reservations that the Customer must make with the carrier, all complaints regarding the conformity of the Product must be brought to the attention of VPM, under penalty of inadmissibility, in writing, within three (3) days from the date of receipt of the Products by the Customer or from the discovery of hidden defects. In order to be valid, any complaint must mention the references and dates of the corresponding order and delivery documents, as well as all supporting documents (photos, etc.).
9.1.2 It is the Customer's responsibility to provide any justification as to the reality of the defects or anomalies found, any checks or analyses carried out directly by the Customer remaining at the Customer's expense. The Customer shall make it easy for VPM to identify the batch of Products concerned and to proceed with the observation of the alleged facts in order to remedy them. VPM reserves the right to carry out, directly or through any intermediary of its choice, any observation, verification and examination on the Customer's premises.
9.1.3 The Customer may not demand the return or take back of Products without justification, except within the framework of the legal right of withdrawal for fourteen (14) days provided for in Article L.221-18 of the French Consumer Code for consumer Customers.
Furthermore, VPM will not accept any returns or returns in the event that the Customer fails to comply with the storage conditions set out in article 9.2 of the GTC or in the event that the batch number on the Product is altered. The Products must be returned to VPM by the Customer, without having undergone any modifications, within fifteen (15) days of VPM's acknowledgement of the non-conformity or of the consumer customer's notification of the application of his legal right of withdrawal.
The shipping costs will be reimbursed on the basis of the invoiced rate and the return costs will be reimbursed upon presentation of proof. Refunds for Products deemed to be non-compliant or defective shall be made as soon as possible and at the latest within 30 days of VPM's finding of the non-compliance or hidden defect.
Refunds will be made by crediting the Customer's bank account or by sending a cheque to the Customer.
VPM shall not be held liable in the following cases :
- Failure to comply with the legislation of the country in which the Products are used, which it is the Customer's responsibility to check,
- in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident or force majeure.
VPM's warranty is, in any event, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.
VPM shall reimburse or replace, as soon as possible and at its own expense, the Products delivered for which the Customer has duly proven the lack of conformity or the apparent or hidden defects, in accordance with the conditions set out in Articles L 217-4 et seq. of the French Consumer Code and those set out in these General Terms and Conditions of Sale.
9.1.4 VPM's liability is strictly limited to the replacement of non-compliant Products or the reimbursement of disputed Products at their invoice price, to the exclusion of any damages. In the absence of any reservation or complaint formulated by the Customer in accordance with the provisions of this article, all goods delivered shall be deemed to be in conformity.
9.1.5 In general, the Customer shall not refuse Products and/or return Products and/or destroy Products without VPM having been able to verify the reality of the complaint raised by the Customer, except in the context of the right of withdrawal described below.
9.2 Warranty, Storage Conditions and Liability
9.2.1 VPM, to the exclusion of any other guarantee, guarantees that the Products delivered comply with the order and that the composition of the Products complies with French and European Union regulations.
In addition, and solely for consumer Customers (as defined by the French Consumer Code), VPM is bound by :
- the legal warranty for defects in the conformity of the Products sold on the Site, under the conditions set out in Articles L217-4 et seq. of the French Consumer Code.
- the legal warranty for hidden defects in the products sold on the website, in accordance with the conditions set forth in Articles 1641 et seq. of the French Civil Code.
The Customer may contact VPM for any questions regarding the implementation of the above-mentioned guarantees.
The Customer may decide to invoke the warranty against hidden defects in the Product in accordance with Article 1641 of the French Civil Code; in this case, the Customer may choose either to terminate the sale or to reduce the sale price in accordance with Article 1644 of the French Civil Code.
9.2.2 The Customer undertakes to strictly respect the conditions of storage and conservation of the Products resulting from the regulations in force. In particular, the bottles must be kept away from light, high temperatures, frost and excessive temperature variations.
9.2.3 In addition, as part of its quality approach, VPM ensures the traceability of the Products by identifying the bottles by a batch number. Therefore, the Customer undertakes not to alter the batch number under penalty of incurring contractual liability or of being refused any return of the Product concerned.
9.2.4 Furthermore, VPM shall only be liable to the Customer if the Customer can establish a fault attributable to VPM, a loss and a direct and exclusive causal link between the fault and the loss. In any event, VPM can only accept compensation for certain, direct, material, proven and foreseeable loss, to the exclusion of any indirect, immaterial, intangible or hypothetical loss, which has a sufficient causal link with a failure by VPM to fulfil its obligations.
9.2.5 VPM shall not be held liable in any way in the event that the Products do not comply with the standards and regulations that come into force after the order has been accepted, in the event of improper storage, warehousing or handling of the Products by the Customer, or in the event that the Products are used or kept under abnormal conditions. VPM therefore declines all responsibility for the Customer's failure to comply with these provisions. Under no circumstances shall VPM be held liable for damage to the Products on the Customer's premises, as the Customer shall be responsible for the custody of and liability for the Products.
9.2.6 Finally, it is the Customer's sole responsibility to respect the provisions of the French Public Health Code concerning alcoholic beverages in its communications, while expressly mentioning the health warning: "Alcohol abuse is dangerous to your health".
9.3 Consummer rights of withdrawal
In accordance with the provisions of art. L221-18 of the French Consumer Code, the Customer has the right to withdraw from a contract for the sale of Products within fourteen (14) days of delivery of the Products to the address indicated.
To this end, it is necessary to contact the VPM E-commerce Department at the numbers and addresses indicated in Article 2 of these TOU. The return will be made by a carrier at VPM's expense, to the address indicated by the Customer.
The Products must be returned to VPM in their original condition and packaging, with a copy of the invoice or accompanying document if applicable. Damaged products will not be returned, exchanged or refunded.
Returned products will be subject to inspection by our quality control department. VPM may deduct from the refund any loss or reduction in value of the Products if such loss or reduction in value is the fault of the Customer and was not necessary for the return of the Products concerned.
The Customer is solely responsible for any reduction in the value of the Products resulting from handling beyond what is reasonably necessary to establish the nature, characteristics and functioning of the Products.
The Customer will not be reimbursed for any delivery costs in the event of partial withdrawal.
We will make any refund due (reduced by any deductions) no later than fourteen (14) days from the date of notification of the Customer's decision to withdraw from the Product Contract.
We will make any refund using the same method of payment that the Customer used for the original transaction, unless the Customer has given their prior consent to a different method of refund. If the Customer has paid by credit/debit card, the same card will be refunded. It is not possible to make a refund to another card. The refund will not incur any costs for the Customer.
10. INTELLECTUAL PROPERTY RIGHTS
The content of the Site is the property of VPM and its partners and is protected by French and international laws on intellectual property. Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
The Customer acknowledges that VPM is the owner, directly or indirectly through its subsidiaries, of all intellectual property rights covering the Products sold to the end customer, in particular trademarks or any other distinctive signs and copyrights attached to its Products, and that no right to use or reproduce the said rights is conferred upon it.
The Client shall not acquire any right of ownership or use and shall not be entitled to use the names, signs, emblems, logos, trademarks, copyrights and other signs or other literary, artistic or industrial property rights belonging to VPM, to the companies in its Group and to third parties whose works and creations may be exhibited on the premises. Consequently, the Client shall refrain from infringing these rights in any way whatsoever.
10.1 In general, the Client undertakes to:
- Not to alter all of VPM's intellectual property rights and not to make improper use of them that would discredit or devalue VPM's Products. In particular, the Client undertakes to avoid, for example, in the context of comparative advertising featuring the Client and one or other of its competitors, any comparison that would have the effect of degrading the qualitative image built by VPM around its brands and distinctive signs.
- Systematically use the updated graphic charts relating to VPM's Products, which are available on request.
- Not to create any risk of confusion, in the minds of third parties, in any way whatsoever, between its Products and VPM's Products.
- Not to reproduce or cause to be reproduced, in whole or in part, any intellectual property rights held by VPM, under penalty of prosecution, and/or not to pass on to third parties any information of any kind whatsoever that would allow the total or partial reproduction of these rights.
10.2 The Customer who is aware of a risk of infringement of intellectual property rights held by VPM must immediately inform VPM by fax or e-mail, confirmed by registered letter with acknowledgement of receipt.
11. LIABILITY OF VPM
VPM shall not be held liable for any inconvenience or damage inherent in the use of the Internet, in particular in the event of a break in service, external intrusion or the presence of computer viruses. VPM may be exempted from all or part of its liability by proving that the non-performance or improper performance of the contract is attributable either to the Client, or to the act of a third party not involved in the provision of the services provided for in the GTC, or to a case of Force Majeure or fortuitous event.
VPM shall not be liable for any damage suffered by the Client as a result of its imprudence, negligence or fault. VPM shall in no event be liable for the loss or fraudulent use of the Products, nor for the usurpation of the email address provided by the Customer at the time of ordering and/or the fraudulent use of this email address.
In accordance with Article L. 221-15 paragraph 1 of the French Consumer Code, VPM is automatically responsible to the consumer for the proper performance of the obligations resulting from the distance contract.
12. DISPUTES - ATTRIBUTION OF COMPETENCE - APPLICABLE LAW
12.1 Unless otherwise agreed in writing and in advance by VPM, all claims relating to any sumsdue by VPM, whatever the cause and nature (in particular with regard to sales prices, discounts, rebates, purchase of services, promotions, etc...), are time-barred within one (1) year of the event giving rise to the claim. After this period, the sums in question can no longer be the subject of any claim of compensation.
12.2 Any dispute relating to the validity, interpretation or execution of the GTCS shall be submitted to the EXCLUSIVE COMPETENCE OF THE COURT OF REIMS, including summary proceedings.
12.3 Any dispute between VPM and the Customer will be settled exclusively under French law.
12.4 The fact that VPM, at one or more given moments, does not take advantage of the GCS, can in no way be interpreted as a waiver of the right to take advantage of them at a later date.
13. PERSONAL DATA
By placing an order, the Customer acknowledges that he agrees that VPM may store the Customer's personal data for the statutory period of retention. VPM declares that all personal data that may be processed, stored or retained by VPM may be accessed, modified or deleted by the person concerned by contacting the data manager at the following address : email@example.com in accordance with Articles 13 to 18 of the General Data Protection Regulation.
The information and data relating to Customers and disclosed by them when purchasing Products online and/or opening an Account on the Site are subject to automated processing, in order to ensure the processing of the Customer's request and the commercial management of VPM. The personal data provided by the Customer enables VPM to complete the transaction relating to the purchase of the Products and, more generally, is necessary for the provision of services via the Website. In addition, this data, once recorded, allows the Customer to carry out future transactions more quickly. It also enables VPM to contact the Customer, if necessary, in the event of cancellation or modification of all or part of the services actually paid for by the Customer.
This information and data is kept in an account that is personal to the Customer for a maximum period of three years and will be used by the Marketing Department if necessary. By placing an order on the Site, the Customer accepts that VPM will keep his/her personal data. In accordance with the French Data Protection Act of January 6, 1978, as amended, and with the new RGPD regulations that came into force on May 25, 2018, Customers have the right to access, rectify, delete or port their data, the right to define directives concerning their fate after their death, the right to choose to limit the use of their data, or to object to their processing. This is an individual right that can only be exercised by the data subject in relation to his own information. Consequently, for any related request, the Customer must contact the Marketing Department, whose contact details are given in article 2 above, by simple letter or by e-mail by contacting firstname.lastname@example.org, indicating his surname, first name, address and, if applicable, his Customer reference. The letter must be signed and accompanied by a copy of an identity document bearing the Customer's signature.
The Customer's personal information and data may be used for prospecting purposes by VPM and/or its partners, which the Customer expressly accepts. Customers may at any time change their choice to receive or not to receive such offers by using the "unsubscribe" option in the prospecting emails or by sending an email to email@example.com indicating their agreement or withdrawal, accompanied by a photograph of an identity document. Orders and proof of payment are stored in electronic records in VPM's computer systems, where applicable, on a reliable medium, constituting a faithful and durable copy within the meaning of Article 1379 of the French Civil Code.
Placing an order on the Website also implies that VPM may collect data concerning the use of the Website by means of "cookies" (files stored on the hard disk of the Customer's computer) in order to better understand the Customer's expectations and to improve the operation of the Website. If the Customer no longer wishes to have cookies installed on his computer, he may go to the "cookies" section of his/her web browser to modify the preferences of his browser and to prohibit the installation of cookies by the Website.
VPM may ask the Customer by email or telephone for additional information on the identity of the purchaser (identity card) and the identity of the holder of the bank card used for payment, particularly depending on the amount of the order and the existence of the purchaser's address, which the Customer understands and accepts.
In the event of a complaint or difficulty in the management of this personal data, the Customer may contact the National Commission for Information Technology and Civil Liberties (more information on this subject on the website www.cnil.fr).
14. PRE-CONTRACTUAL INFORMATION - CUSTOMER ACCEPTANCE
The Customer acknowledges having been provided, prior to the conclusion of the contract, in a clear and comprehensible manner, with these GTC, the VPM personal data processing & cookie use charter, and all the information and details referred to in Article L. 221-5 of the Consumer Code, and in particular
- the main characteristics of the services offered, to the extent appropriate to the communication medium used and the services concerned;
- the identity of the professional (company name, geographical address of the establishment and telephone number)
- the total price of the services including all taxes and, where applicable, any additional charges
- the terms of payment, performance and the arrangements for handling complaints
- a reminder of the legal guarantee of conformity of the services, the existence of an after-sales service and commercial guarantees, where applicable, as well as the conditions relating thereto
- the duration of the contract, the conditions for withdrawal and termination of the contract.
The fact that an individual or a legal entity places an order on the Site implies full and complete acceptance of these General Terms and Conditions of Sale of VRANKEN-POMMERY MONOPOLE, which is expressly recognised by the Customer, who waives the right to rely on any contradictory document, which would be unenforceable against VPM.
To continue your visit, you must be of legal age to purchase or consume alcohol. If there is no such legislation in your country, you must be at least 18 years old.