Article 1: Enforceability of these General Terms&Conditions
Any order placed via the Champmarket.com website, as well as by fax or mail order, is governed by these General Terms and Conditions of Sale in their entirety, regardless of the place of delivery.
Consequently, the fact that the buyer orders a product offered for sale on the Champmarket.com website implies full and complete acceptance of these General Terms and Conditions of Sale, which the buyer acknowledges having read prior to ordering.
The sale resulting from the order placed by the buyer on the Champmarket.com website is governed by French law, and particularly by the rules of distance/mail order sales.
Article 2 : Company identity
Champmarket.com is a website of AM&Co, a French simplified joint stock company with a capital of 583,820 euros, whose registered office is located at 47 Boulevard de Courcelles 75008 Paris, France, and which is registered with the Registre du Commerce et des Sociétés de Paris under the numbers :
RCS Paris 528 328 677
SIRET : 528 328 677 00042
Intra-community VAT: VAT FR 29 528 328 677
Article 3 : Order
The customer placing an order through the Champmarket.com website as well as by mail order undertakes to respect the essential obligations, namely that the sales operation must be carried out exclusively as a final consumer.
The customer formally undertakes not to resell the products acquired within the framework of these General Terms and Conditions of Sale to a wholesaler or reseller without the express and prior agreement of the Company CHAMPMARKET.
The buyer must clearly state the address of the recipient, and in case of delivery failure, the seller shall not be held liable, and the seller will only be required to refund the amount paid, after deduction of the return costs.
The order is only processed and final once it has been confirmed by the payment of the price by the buyer, and within the limits of available stock.
This order will be confirmed by sending an email to the buyer.
Article 4 : Best Price Guarantee
The prices displayed on the www.champmarket.com website are the recommended selling prices, because as a privileged partner of the Champagne Houses and Winegrowers, Champmarket negotiates the best conditions to satisfy both individuals and companies. Prices are in euros, including all taxes (Value Added Tax (VAT) and other applicable taxes).
The prices offered, and mentioned on the site, do not include postage and delivery costs, which may vary according to the volume ordered, the amount being specified on the site, which allows the buyer to be aware of it.
When discounts are applied, they are displayed and the list prices are crossed out, so that the promotion is visible, or when the offer is validated in the shopping cart, the saving amount is clearly indicated.
Minimum order volumes are displayed on the site and may vary from one product to another.
Article 5 : Validity of offers
The products are offered while stocks last.
The seller cannot be held responsible for any stock shortage.
In the case where the product ordered is no longer available, and in agreement with the buyer, the order may be modified.If necessary, it may result in the reimbursement of the unavailable product, according to agreement with the buyer, materialised by a correspondence of emails.
Article 6 : Delivery
Deliveries may be made in Metropolitan France depending on the type of delivery offered.
Deliveries to French overseas departments and territories, Monaco and European Union countries will be subject to a specific quote.
The products ordered by the buyer will be delivered to the address indicated by the buyer as the delivery address on the order concerned.
Delivery is made in Metropolitan France within an average of eight days from the date of full payment of the invoice, except for specific operations for which the delivery time may vary from eight to fifteen days.
In the case of absence, the purchaser or the recipient of the order will receive a delivery notice, which will allow him/her to contact the carrier at the address indicated on the delivery notice in order to agree on another delivery day.
In the case where the ordered products are not claimed within fifteen working days from the date of the delivery notice, the products will be returned to the seller and the buyer will be refunded for the order, after deduction of the return transport costs.
In general, a delivery note must be signed by the buyer or the recipient of the order, upon delivery, which is proof of delivery by the seller and receipt of the products ordered.
No claims regarding the delivery itself are possible if the products appear to be delivered.
The buyer or recipient of the order is advised to check the apparent condition of the package and the products upon delivery.
In case of anomaly (damaged package, trace of liquid, opened package, missing products…), the buyer or the recipient of the order must imperatively, in the presence of the carrier, refuse the delivery and immediately report his refusal to the seller as well as the damage or shortcomings observed.
Article 7 : Right and period of withdrawal
In accordance with the provisions of article L 121-16 of the Consumer Code, the buyer has a period of seven clear days from the delivery of his order to return the item delivered for exchange or refund, at the buyer’s choice, without penalty except for transport costs.
The return costs remain at the buyer’s expense, with the seller undertaking to reimburse the order, with the exception of the return postage costs which remain at the buyer’s expense.
This refund will take place two weeks after receipt of the returned goods.
Products must be returned in perfect condition for resale, in their original condition and packaging.
The return address is: CHAMPMARKET Service Client 47 Boulevard de Courcelles 75008 Paris, France.
Any risk associated with the return of the product is the responsibility of the buyer or recipient of the order.
Article 8 : Payment
The payment of the orders is made :
– by credit card (Visa, MasterCard, American Express, other credit cards),
– by Paypal,
– by a partner (see partners list),
– by bank transfer
The card or account is debited at the time the order is validated
All orders are due in Euros, including all taxes and compulsory contributions. Any bank charges shall be borne by the buyer (including in the case of a refund).
By credit card, the online payment will be secured with the company Payplug. In order to ensure the security of the payment, the buyer will have to transmit to the seller the visual cryptogram (CVV) appearing on the back of the bank card used by the buyer.
The downloadable invoice will be made available by the seller on the customer account.
Payment due date : Payment shall be made upon receipt of the invoice.
Early payment of invoices does not entitle the customer to any discount.
In case of late payment, late payment penalties are payable, from the day following the date of payment, equivalent to 3 times the legal interest rate.
Fixed compensation for collection costs in case of delay: €40.
Article 9 : Reservation of ownership
The sale is concluded under a retention-of-title clause and, when it is proposed – for certain products or certain promotions – a payment in several terms, the delivered products remain the property of the seller who will be able to claim them at the expense and risk of the buyer.
Article 10 : Personal Data
Membership of the Champmarket.com website requires the buyer to provide personal data about him or her, and in particular his or her age, as the sale of alcohol to minors under the age of 18 is prohibited.
The data collected by the seller is necessary to process the order and to manage the seller’s commercial relations with its customers.
They are secure, kept confidential and are not or will not be used commercially by third parties.
In accordance with the law n°78-17 of January 6, 1978 relating to data processing, the files and freedoms, the consumer has a right of access and of correction concerning any nominative information relating to him.
The processing of this information is declared to the CNIL under the number: 1466614.
Article 11 : Guarantees
The sale is governed by the French Civil Code and the seller is bound by the guarantee of hidden defects, as stipulated in article 1641 of the Civil Code, according to which “the seller is bound by the guarantee due to hidden defects of the thing which make it unfit for the use for which it was intended, or which diminish this use so much that the buyer would not have acquired it, or would have given only a lesser price for it, had he known about them”.
It shall be up to the purchaser to demonstrate that the deterioration of the product originated prior to its shipment.
The period during which the buyer may claim the existence of a hidden defect is fixed, by mutual agreement, at two months from the day of delivery.
Article 12 : Intellectual Property
The CHAMPMARKET brand, as well as all the brands, whether figurative or not, and all the illustrations, images and logos appearing on the site are and will remain the exclusive property of the holder of the intellectual property rights concerned.
Any total or partial reproduction, modification or use of these trademarks, illustrations, images and logos, or any other content of the site for any reason or on any medium whatsoever, without the express, written and prior agreement of the holder of the intellectual property rights concerned, is strictly forbidden. The same applies to all copyrights, drawings and models, patents appearing and/or used on the site.
Article 13 : Modifications
The seller reserves the right to modify and update the General Terms and Conditions of Sale without notice.
In order to be informed of these possible modifications, the seller advises the buyer, and in general any user, to reread the General Terms and Conditions of Sale of the Champmarket.com website regularly.
The order will be subject to the General Terms and Conditions of Sale in use at the time of the order.
Article 14 : Disputes
The photos and presentations of the products are not contractual and are for information purposes only.
Sales of products by the Champmarket.com website are subject to French law, regardless of the buyer’s country of residence and the place where the order is placed.
Disputes are received sympathetically by the seller, who will endeavour to settle them amicably within three months of referral, with the seller having a dedicated mediation unit.
In the absence of an amicable agreement, and in case of a dispute, if the buyer is a merchant, the dispute shall be submitted to the courts of the seller’s registered office and, if the buyer is a private individual, to the court of the department in which the buyer resides.
Article 15 : Minors protection
In accordance with the provisions of article L 3342-1 of the Public Health Code, the sale of alcohol to minors under the age of eighteen is prohibited.