General Terms and Conditions of Sale
Effective Date: 01/12/24
PREAMBLE – Scope of Application
These General Terms and Conditions of Sale (hereinafter referred to as the “GTC”) apply, without restriction or reservation, to all sales (hereinafter referred to as “the Sale” or “the Contract”) concluded by CHAMPAGNE A.R. LENOBLE, SAS with a share capital of €610,000, registered with the Trade and Companies Register of Reims under number 095 550 364, with its registered office located at 35, rue Paul Douce, DAMERY (51480), France (hereinafter referred to as “the Seller”) to any buyer, individual or legal entity, acting as a non-professional (hereinafter referred to as “the Client”), wishing to purchase the products offered for sale (hereinafter referred to as “the Products”) by the Seller on the website LENOBLE-CHAMPAGNE.COM.
The contact details of CHAMPAGNE A.R. LENOBLE are as follows:
• Postal address: 35, rue Paul Douce, 51480 DAMERY
• Email: adv@LENOBLE-CHAMPAGNE.COM
The Client is understood as defined in the introductory article of the French Consumer Code as either a consumer—an individual acting for purposes outside their trade, business, craft, liberal profession, or agricultural activity—or as a non-professional, defined as a legal entity acting for purposes unrelated to their professional activities. The Client agrees not to engage in purchase-for-resale activities, i.e., not to engage in the business of reselling products purchased on LENOBLE-CHAMPAGNE.COM.
The Sale is concluded when the Client, after having been able to verify the details of their order and its total price and to correct any errors, confirms the order to express their acceptance in accordance with the process detailed in Article 3 of these GTC.
The Products presented on the website LENOBLE-CHAMPAGNE.COM are offered for sale under pricing and delivery conditions applicable to buyers located in mainland France, Corsica, and Monaco.
For any sales made to other territories, the indicated prices may vary depending on the applicable customs and tax regulations of the said territory.
In the context of any sale, the Client declares that they have read these GTC and accepted them by ticking the box provided for this purpose on the page of the website LENOBLE-CHAMPAGNE.COM preceding the final validation of the order, which confirms the completion of the sale.
Unless proven otherwise, the data recorded in the Seller’s computer system constitutes proof of all Sales concluded with the Client.
Failure to invoke at any given time any of the present general terms and conditions of sale cannot be interpreted as a waiver by the Seller to invoke them later.
Furthermore, CHAMPAGNE A.R. LENOBLE reserves the right to modify the terms, conditions, and provisions of these GTC at any time. Such modifications apply to any Sale concluded from the effective date indicated in the Preamble of these GTC without affecting prior sales. They must be accepted by ticking the appropriate box before the final validation of the order.
ARTICLE 1 – Characteristics of the Products Sold
The Products offered for sale on the website LENOBLE-CHAMPAGNE.COM include the various champagne vintages produced by the Maison A.R. Lenoble. The Products comply with applicable French and European legislative and regulatory requirements, particularly the specifications of the “Champagne” Controlled Designation of Origin (AOC).
The main characteristics of the Products, including their composition, production method, packaging illustration, and size/volume indications, are presented on the website LENOBLE-CHAMPAGNE.COM, which the Client must review before placing an order.
The selection and purchase of a Product are the sole responsibility of the Client.
The Products offered on the website LENOBLE-CHAMPAGNE.COM are available while stocks last, as specified at the time of order placement. In the event of an out-of-stock item despite contrary indications, the Client will be informed via email, and the price paid will be refunded via the original payment method.
ARTICLE 2 – Pricing Terms
The Products are offered for sale at the prices displayed on the website LENOBLE-CHAMPAGNE.COM and valid at the time the Client validates their order.
Prices are stated inclusive of all taxes (VAT included) and reflect any discounts granted by the Seller on the website LENOBLE-CHAMPAGNE.COM.
These prices are fixed and non-revisable during their validity period. However, the Seller reserves the right to modify prices outside this period at any time.
Prices do not include processing, shipping, transportation, and delivery costs, which are billed in addition to the purchase price under the conditions specified on the website and calculated before the order is placed.
The amount due by the Client corresponds to the total purchase amount, including the product price minus any applicable discounts and plus any applicable processing, shipping, transportation, and delivery fees, as detailed in the order summary.
An invoice will be issued by the Seller and provided to the Client upon delivery of the Products ordered.
ARTICLE 3 – Terms of Sale
All Sales are made by placing an order on the website LENOBLE-CHAMPAGNE.COM.
It is the Client’s responsibility to select the Products they wish to purchase by clicking on the desired Product’s image or name and specifying the desired quantity for each Product using the drop-down menu provided. The Client can view all selected Products by clicking on their cart, where they can also modify quantities or delete selected Products.
Product offers are valid as long as they are visible on the website and subject to available stock.
The sale will only be considered final once the total price has been paid. It is the Client’s responsibility to verify the accuracy of the order before validating it.
Upon validating their order, the Client acknowledges the formation of a distance sales contract between the Client and the Seller.
The Seller reserves the right to cancel or refuse any order from a Client with whom there is an ongoing dispute regarding payment of a prior order.
The Client can track their order’s progress on the website.
Any cancellation of the order by the Client is only possible before the Products are dispatched (in addition to the statutory right of withdrawal following receipt).
Once all desired Products have been selected, the Client may complete the order either as a guest or by creating a customer account.
ARTICLE 3bis – Protection of Minors
In accordance with Article L 3342-1 of the French Public Health Code prohibiting the sale of alcoholic beverages to minors, the Client, by validating their order, confirms that they are at least 18 years old on the date of the order by ticking the appropriate box.
ARTICLE 4 – Payment Terms
The price is paid via secure payment methods, as follows:
Payment by bank card
The price is payable in full by the Client on the day the order is placed, in accordance with the total sum of the prices of the Products ordered, adjusted for any applicable discounts and fees.
Payment data is exchanged in encrypted mode through the protocol defined by the authorised payment provider managing online transactions on the website LENOBLE-CHAMPAGNE.COM.
Payments made by the Client are considered final only after effective receipt by the Seller of the sums due.
The Seller is not obliged to deliver the Products ordered by the Client if the latter does not pay the full price under the above conditions.
In any case, the Seller retains ownership of the Products that have not been fully paid for.
ARTICLE 5 – Delivery Terms
The Products ordered by the Client will be delivered to mainland France, Corsica, or Monaco.
Shipping occurs within 4-5 days to the address provided by the Client during their order on the website. The Seller is not liable for delivery failures or delays caused by inaccuracies in the Client’s provided details.
Delivery constitutes the transfer of physical possession or control of the Product to the Client. Unless specific arrangements or unavailability of one or more Products occur, all ordered Products will be delivered in a single shipment.
Delivery occurs within 4-5 days from dispatch (excluding site closure periods, during which delays are extended). The Client will be informed of the expected delivery date via email after dispatch.
The Seller commits to delivering the Products ordered by the Client within the above timeframes and, in any case, within a reasonable period.
If the Products have not been delivered within 15 days after the indicative delivery date, for reasons other than force majeure or the Client’s actions, the sale may be terminated in writing by the Client, under Articles L. 216-2, L. 216-3, and L. 241-4 of the French Consumer Code. The amounts paid by the Client will then be refunded within 14 days from the termination date, excluding any compensation or deduction.
Deliveries are handled by an independent carrier to the address provided by the Client during the order and accessible to the carrier.
When the Client independently hires a carrier, delivery is deemed completed upon the Seller’s handover of the Products to the carrier, who accepts them without reservation. The Client acknowledges that it is then the carrier’s responsibility to deliver and holds no recourse against the Seller for delivery issues.
For specific Client requests regarding packaging or transport conditions for ordered Products, duly accepted in writing by the Seller, additional costs will be charged, based on a previously accepted written quote.
The Client must check the condition of delivered Products in the presence of the carrier. If any damage or incident is noted, it must be reported to the carrier and documented with supporting evidence (photos, etc.). Without such formalities, the Products will be considered compliant and free from apparent defects, and no claims can be validly accepted by the Seller.
The Seller will refund or replace promptly and at no cost any Products delivered with proven defects or non-compliance, under Articles L. 217-4 et seq. of the French Consumer Code and these GTC.
Defects or deterioration resulting from abnormal storage or conservation conditions after delivery, including accidents of any kind, do not entitle the Client to any warranty.
The transfer of risks related to loss and deterioration occurs when the Client physically takes possession of the Products. The Products thus travel at the Seller’s risk, except when the Client chooses their carrier, in which case risks transfer upon handover to the carrier.
ARTICLE 6 – Transfer of Ownership
Ownership of the Products will only be transferred to the Client upon full payment of the price, regardless of the delivery date of said Products.
ARTICLE 7 – Right of Withdrawal
The Client has a withdrawal period of 14 calendar days from the receipt of their order to inform the Seller of their decision to return it, without having to justify their reasons.
The right of withdrawal can be exercised online using the form in ANNEX 1 or via any other unambiguous statement expressing the desire to withdraw, sent by postal or electronic mail to the Seller’s contact details provided in the Preamble of these GTC.
Returns must be made in their original condition, allowing them to be resold as new, and accompanied by the purchase invoice.
Damaged, unsealed, opened, or consumed Products will not be accepted.
Return costs are the Client’s responsibility.
Refunds will be issued within 14 days from the date the Seller receives the returned Products under the conditions set out in this article.
ARTICLE 8 – Legal Guarantees
The Products provided by the Seller are covered by the following legal guarantees:
• The legal guarantee of conformity for defective, damaged, or non-compliant Products;
• The legal guarantee against hidden defects arising from a material or manufacturing fault that renders the Products unfit for consumption.
Upon discovering a defect or hidden flaw, the Client must notify the Seller in writing at the contact details provided in the Preamble of these GTC.
The applicable time limits are two years from delivery for non-conformity claims and two years from discovery for hidden defect claims.
The Seller undertakes to refund or replace Products deemed non-compliant or defective.
ARTICLE 9 – Personal Data
The Client is informed that the collection of their personal data is necessary for the sale and delivery of Products, and is entrusted to the Seller. These personal data are collected solely for the execution of the sales contract.
The Client is also informed that their personal data is collected for the following purposes:
• Managing orders and returns (delivery and payment);
• Enhancing the user experience;
• Marketing and promotional communications.
9.1 Collection of Personal Data
The personal data collected on the website LENOBLE-CHAMPAGNE.COM are as follows:
– Account creation:
• Name
• First name
• Date of birth
• Place of birth
• Postal address
• Telephone number
• Email address
• Password
– Payment:
• Financial data related to the Client’s bank account or credit card when completing payment for Products offered on the website.
9.2 Recipients of Personal Data
Personal data are used by the Seller and their subcontractors to execute the contract and ensure proper delivery of the Products. The categories of recipients include:
• Transportation service providers;
• Payment service providers;
• [Other service providers, as necessary].
9.3 Data Controller and Data Protection Officer
The data controller, under the French Data Protection Act and the General Data Protection Regulation (GDPR), is:
CHAMPAGNE A.R. LENOBLE
SIREN: 095 550 364
Address: 35 Rue Paul Douce, 51480 Damery, France.
The Data Protection Officer is:
CHAMPAGNE A.R. LENOBLE.
9.4 Limitation of Processing
Unless the Client consents explicitly, their personal data will not be used for advertising or marketing purposes.
9.5 Data Retention Period
The Seller retains collected data for five (5) years, corresponding to the limitation period for civil liability.
9.6 Security and Confidentiality
The Seller implements organisational, technical, software, and physical measures to ensure digital security and protect personal data from alteration, destruction, and unauthorised access. However, the Client is advised that the Internet is not a completely secure environment, and the Seller cannot guarantee total security of data transmission or storage.
9.7 Client Rights and Data Management
In accordance with applicable data protection regulations, Clients and users of LENOBLE-CHAMPAGNE.COM have the following rights:
• Update or delete their data or delete their account by accessing their account or contacting the Seller by email at the address provided in Article 9.3;
• Exercise their right of access to their personal data by contacting the Seller at the address in Article 9.3;
• Rectify inaccurate or incomplete data by contacting the Seller;
• Request deletion of their personal data in accordance with applicable laws;
• Request data portability to another provider;
• Object to the processing of their personal data by the Seller.
The data controller must respond within a maximum period of one (1) month. If a request is refused, the Client may file a complaint with the CNIL (French Data Protection Authority) or pursue legal recourse.
The Client may opt to receive promotional emails by ticking a box when creating their account. They may withdraw their consent at any time by contacting the Seller or using the unsubscribe link provided in emails.
ARTICLE 10 – Intellectual Property
The website, its structure, and all text and visual content (unless otherwise stated) on LENOBLE-CHAMPAGNE.COM are the exclusive property of CHAMPAGNE A.R. LENOBLE or third parties who have granted licences.
The trademarks LENOBLE, A.R. LENOBLE, and ARL are registered trademarks of CHAMPAGNE A.R. LENOBLE.
Any reproduction, imitation, or unauthorised use of these trademarks or distinctive signs in violation of Articles L.713-2 and subsequent articles of the French Intellectual Property Code is prohibited and subject to liability.
ARTICLE 11 – Governing Law and Language
These GTC and related transactions are governed by French law. These GTC are drafted in French. In case of a discrepancy between translated versions and the French version, the latter prevails.
ARTICLE 12 – Dispute Resolution
For any complaints, the Client is invited to contact customer service at the Seller’s postal or email address provided in the Preamble of these GTC.
The Client may also use the EU Online Dispute Resolution platform at the following address: https://ec.europa.eu/consumers/odr.
Any disputes unresolved through mediation will be subject to the competent French courts under common law conditions.
