GENERAL TERMS AND CONDITIONS OF ONLINE SALE
MOËT & CHANDON’S TOURS
Applicable from 1st of January 2023
This website (“Website”) is operated by MHCS, a limited liability company, with a share capital amounting to EUR 433,193,789, registered under no. 509 553 459 at RCS Reims, with registered offices at 9 Avenue de Champagne, 51200, Epernay, France, and VAT number FR 44 509 553 459, Tel.: +33(0) 3 26 51 20 00
Article 1 — Scope of application
All ticket purchases for the tours or Gourmet Afternoons of the MOËT & CHANDON cellars located 20, Avenue de Champagne 51200, Epernay, FRANCE (the “Service(s)”) and purchases of a Gift Voucher for the Services (the “Gift Voucher(s)”) from MHCS by the client, i.e., any natural person (the “Client”), are governed by these general sales conditions (the “GSC”), replacing and superseding any previous GSC as of their entry into force.
No delay or failure by MHCS to enforce any provision of these GSC shall be deemed to be a waiver of any subsequent enforcement.
Should any of the provisions of the GSC be deemed null and void, the remaining provisions remain in full force and effect.
MHCS reserves the right to amend these GSC. The new version of the GSC will be applicable from the day of its publication on the Website.
Article 2 – Ordering Services and Gift Vouchers
Any orders should be exclusively made via the Website www.moet.com
Once the form has been completed on the Website, the Client will see a summary of their order.
For the contract to be formed, the Client shall proceed with the payment. If MHCS does not receive a payment, the order shall be considered void.
Tickets are personal and intended for individual consumer and may not under any circumstances be resold, transferred for consideration, or exchanged.
2.2 Conditions for the use of the Gift Vouchers
The Gift Voucher is valid for 365 days from the date of the order. After this period, the Gift Voucher is expired and can no longer be used.
The Client undertakes, at their own expense and full responsibility, to send the Gift Voucher to the beneficiary of choice.
The booking of the Service stated on the Gift Voucher will be made directly on the Website www.moet.com. Once the booking form has been completed on the Website, the beneficiary will see the summary and must provide the code provided on the Gift Voucher. The Gift Voucher can be used only once for the reservation of all the Services comprised.
Give, the validity period of the Gift Voucher, the Services available on the Website may change after the purchase of the Gift Voucher and during its validity. MHCS shall not be liable for any such changes. If the offer was no longer available when the beneficiary of the Gift Voucher booked the Service, the Client will be refunded the full amount paid, through the same means of payment used for the order. Likewise, in the event of changes in the prices of the Services between the purchase of the Gift Voucher and the performance of the Service, an additional payment will be requested from the beneficiary in order to complete the reservation.
MHCS cannot be held responsible in the event of beneficiary error, loss of the Gift Voucher, or fraudulent use of its code. Gift Vouchers may not be resold, transferred or redeemed for cash.
2.3 Order cancellation and ticket modification
The sale or reservation of the Services shall be deemed like a sale of leisure services in accordance with article L 221-28-12° of the French Code de la consommation, and thus, does not give rise to any right of cancellation.
Any ticket ordered and paid for by the Client cannot be exchanged or modified.
Article 3 – Price and terms of sale
The Services and Gift Voucher prices and terms of sale are those detailed on the Website www.moet.com in force on the day the order is placed by the Client.
Subject to the application of the regulations in force, MHCS reserves the right to modify its prices and terms of sale at any time during the calendar year.
The prices indicated by MHCS for the Services and Gift Vouchers are in Euros (€) and include all taxes.
MHCS does not provide any passenger transport services and the Client is solely responsible for the journey to and from the venue of the Services. Accordingly, no compensation will be due to the Client if they cannot attend the Services on the dates agreed.
Article 4 – Payment terms
Unless agreed otherwise in writing with the Client, payment shall be made in Euros (€) via the PayZen payment platform, accessible from the Website www.moet.com to a bank account owned by MHCS.
The payment must be made by a person of legal age who holds the bank account with which the payment is made.
Any delay or failure to pay for 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 shall not be liable for the consequences resulting from the Client’s misinterpretation of the information provided during the Services.
Due to the nature of the Services, the start and end times may be subject to change. Any delays in the provision of the Services or a change in the timetable will not justify the cancellation of the order for Services nor justify any claim for compensation, penalties, or payments of any kind.
In the event of cancellation or modification of the Services by MHCS, including due to exceptional circumstances (or in relation to any governmental measures), MHCS shall notify the Client in writing at the address(es) provided by the Client as soon as it becomes aware of any event that would affect the Services in whole or in part..
In the event of a total cancellation, MHCS shall refund all sums paid the by Client. the refund is made with the same means of payment as that used by the Customer for the order.
In any event, the Client undertakes to comply with the hygiene and social distancing measures in force at the time of the provision of the Services and the Visitor’s Charter, which is made available to the Client.
Force Majeure cases (as defined by Article 1218 of the French Code civil), unforeseeable circumstances or similar events, shall release MHCS from any obligation to provide the Services and from any liability, without compensation.
Complaints made by the Client will only be validly considered if made within seven (7) days of the date of performance of the Services, and if it is documented by the Client. If, after examination, the timely and sufficiently documented complaint raised proves to be well-founded, MHCS may reimburse part of the Services, its liability being strictly limited to this obligation, such that MHCS shall in no case be held liable to pay any compensation for any loss whatsoever, or to pay any costs whatsoever.
Article 6 – Compliance with regulations and Client’s liability
MHCS reserves the right to refuse any order from a Client who does not comply with the provisions of the GSC and/or the laws and regulations in force in in France or in the Client’s country.
In application of regulations in the fight against money laundering, the Client states the following:
- the origin of the funds that it pays to MHCS for the purchase Services or Gift Vouchers is lawful and the funds are not derived from any activity contrary to national and international laws on financial transactions;
- the Client has not benefited directly or indirectly from a false declaration of income by the perpetrator of a crime or a misdemeanour, nor assisted an operation for the investment, concealment, or conversion of the direct or indirect proceeds of a crime or misdemeanour.
The Client undertakes to comply with the applicable laws and regulations in the fight against corruption.
In addition, the Client acknowledges and undertakes to comply with the road traffic 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 Client’s party and will bear full responsibility for any incidents that might be caused by the party 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, whether visual or audio, MHCS’ trademarks and/or logos, texts, comments, illustrations and images reproduced or represented, in particular at the visited sites and on all communication materials associated with the Services, as well as the products served, if any, in connection with the Services, are protected by intellectual property rights. All are the exclusive property of MHCS. As such, and in accordance with the provisions of the French Code de la propriété intellectuelle, 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 (except with the prior written consent of MHCS to the Client).
Article 8 – Personal data
In the context of the provision of the Services, MHCS may collect, process, and store the Client’s personal data under the conditions set out in the Privacy & Cookies Notice available on the Website www.moet.com.
Article 9 – Litigation
9.1 Applicable law
Any dispute relating to the interpretation and execution of the GSC is subject to French law.
The French version of these GCS is the only one prevailing in the event of disputes.
9.2 Competent of jurisdiction
If a dispute arises with a consumer or non-professional customer as defined by the French Code de la consommation and following the failure of a written complaint made by the consumer to MHCS or in the absence of a response from MHCS within one (1) month, the consumer has the right to freely seek recourse to a mediator in order to amicably settle a dispute with a professional. The mediator to which MHCS adheres is the Centre for mediation and arbitration of Paris (CMAP), which contact details are 39 avenue Franklin Roosevelt, 75008 Paris. Email address: email@example.com. Website: https://www.cmap.fr/you-are/a-consumer/?lang=en
If the consumer wishes to have more information regarding online dispute resolution, please follow this link to the European Commission website: http://ec.europa.eu/consumers/odr/. This link is provided according to Regulation (EU) n° 524/2013 of the European Parliament and of the Council, for information purposes only.
The consumer is free to accept or refuse recourse to mediation and will always have the possibility of resolving the dispute by resorting to legal action in accordance with Article R. 631-3 of the French Code de la consommation. In the event of recourse to mediation, each party is free to accept or refuse the solution proposed by the mediator.
In the event that the consumer Customer waives mediation, or if the consumer refuses the solution proposed by the mediator, the dispute will then be brought before the courts of the Client’s choice (either before the competent courts under the French Code de procédure civile, or the court of the Client’s domicile at the time of the conclusion of the contract or the occurrence of the harmful event), even in the event of summary proceedings, third-party appeals or multiple defendants.
In the absence of mediation, the dispute shall be brought before the courts of the jurisdiction of the registered office of MHCS.
For any information, complaint or question relating to these General Conditions, you can contact us:
- By e-mail at: firstname.lastname@example.org
- By telephone (cost of a call to a landline number), at +33 (0) 3 26 51 20 20 and at the following times: from 9:00 am to 5:00pm from Monday to Friday.