General Sales Conditions
I. Purpose and scope of the general conditions of online sales
These general terms and conditions of online sale ( ” the GCS ” ) express the rights and obligations of the french company Mater & Filii ( EARL with share capital of € 8,800 registered at the RCS of REIMS under number 804 402 725 and whose head office social is located at 4, Rue du Maréchal Foch 51700 DORMANS, APE 01.21Z – CIVC n ° 94105 – EVV n ° 5158500171 ) ( ” the wine-grower ” ) and his client ( ” the buyer ” ) in the context of the online sale, to the buyer, from wine(s) and product(s) (” the products ” ) of the wine-grower, via the website of the wine-grower, at www. materetfilii.fr (” the site”).
The site is subject to French law and is hosted on the servers of the french Company OVH, SAS with a capital of € 10,069,020, registered with the LILLE Métropole RCS under number 424 761 419 and whose head office is located at 2 rue Kellermann, 59100 Roubaix.
II. Scope of the GCS
Any sale of products online and via the website, by the wine-grower ( ” the online sales “), a purchase ( ” the Order” ) or attempted purchase made online and via the site by the purchaser, are governed by the terms of the GCS. The fact for the buyer to purchase – or attempting to purchase – one or more products online via the site implies acceptance, without any reserve, by the buyer, the GCS. In default of acceptance, without any reservation, the GCS, the purchaser must immediately quit its website navigation and the exit.
The GCS exclusively govern the online sale to consumer (” the Buyer “) as well as non-professional (” the non-professional “), within the meaning of preliminary article of the Consumer Code. They therefore do not concern the professional, always under the preliminary section of the Consumer Code, which therefore can not, or purchase online, via the website, the Mater & Filii products nor invoke the benefit of the GCS.
To buy by the site, the buyer must therefore :
• Either be an adult, aged or emancipated legally capable and authorized by the country’s legislation applicable to it, on the date of the order, to buy and to consume alcohol, being recalled that in accordance with the Article L. 3342-1 of the Public Health Code, the sale and supply of alcoholic beverages to minors and the like are prohibited,
• Or be a non-professional, authorized by the legislation of the country which is applicable to him, on the date of the order, to buy and consume alcohol,
• Promit in any event that the order is not intended for resale to minors or consumption of the products of minors.
The GCS constitute, with the characteristics of the order, the contractual documents opposable to the buyer and the wine-grower (” the parties “), to the exclusion of all other documents, such as prospectuses, emailing, catalogs or photographs of products, which have only an indicative / proposal value .
III. Modification of the GCS and date of application
The wine-grower reserves the right to modify the GCS at any time. Any order placed is subject to the text of the GCS appearing online on the day of validation by the buyer of said order.
IV. Products offered for sale
The products offered for sale online are those listed on the site. Each product is accompanied by a description and one or more photographs, which are not contractual.
The wine-grower undertakes to supply the product ordered by the buyer within the limits of available stocks.
Given the limited number of certain products, in particular champagne bottles, the production of which is annual and linked to the area exploited by the wine-grower, the latter reserves the right to apply restrictions on the quantities available.
The products displayed as being available when ordering may sometimes no longer be available when the latter processes the latter, despite the regular updating of the database of available products. The wine-grower will not be responsible in the event of unavailability of products or out of stock.
If the products can be restocked, the wine-grower will inform the buyer by any means and the products will be dispatched as soon as they come into stock. In this case, the delivery times provided for in article 7.3 will apply from the restocking.
If the products cannot be restocked, the wine-grower will inform the buyer by any means and will offer him an equivalent product. The buyer can then either accept the proposal or refuse it and request reimbursement of the entire order. The appropriate, the wine-grower will offer the buyer a full refund or payment of the difference between the product unavailable and the replacement product, by the same means of payment than originally used by the buyer .
V . Price and payment of the price of products
The prices of the products are denominated in euros inclusive of tax, are those in force on the day of the order and are expressed excluding shipping costs and customs taxes possibly applicable on the day of the order, said transportation and said taxes being chargeable of the buyer. These shipping costs and customs taxes possibly applicable on the day of the order will be mentioned, if necessary, before validation of the basket and invoiced.
The prices of the products can be modified at any time, it being specified that the price agreed and applied during a validated order is obviously not modifiable.
Before any order, the buyer must create a customer account on the site. Account creation is accessible directly from the menu bar. On each visit, the buyer, if he wishes to order or consult his account (order status, profile, etc.), must identify himself using his e-mail address and a password.
6 .1 – Ordering process
Orders must be placed by the buyer on the site, respecting the order process described below:
1) Connection to the customer account already created or creation of a customer account by entering the following data relating to the buyer :
• First name
• Last name
• Company ( if applicable )
• E – mail correspondence
• Postal code
2) Choice of products
3) Adding to cart
4) Validation of the basket
5) Information of the possible invoicing address and confirmation of the delivery address
6) Certification of the majority of the buyer
7) Acknowledgment of the GCS and then checkbox : “I have read and accept the CGS”
8) Choice of payment method
9) Validation of payment after verification of the order
10) Send an e-mail confirmation / validation control to the buyer, to prove email address by it.
During the order process, the buyer can view, at any time, the details and the total amount of his order and correct any errors, before confirming it in order to express his acceptance. Only the buyer is responsible for errors made during the aforementioned order process .
6 .2 – Terms of the order
By placing an order, the buyer expressly accepts the prices, product descriptions and the GCS.
Orders are validated as soon as possible by the confirmation email . No subsequent modification of the order placed is not possible without the express agreement from the wine-grower.
By placing an order on the site, the buyer expressly and definitively renounces the benefit of article 1587 of the Civil Code, according to which the sale of wine is only concluded definitively after tasting and approval by the buyer.
The wine-grower reserves the right to refuse or cancel an order:
• if the quantities of products ordered are abnormally high for buyers having the quality of consumers;
• if it turns out that a buyer does not have the possibility or the capacity to contract in accordance with article 2 of the GCS;
• if there is a payment incident being processed with the buyer,
• if all or part of the order tends to demonstrate that it is an attempted scam or other offense .
6 .3 – Cancellation of an order
To be taken into account, any request for cancellation of an order having been confirmed by sending the confirmation email must be made :
• before the products are dispatched by the wine-grower,
• by e-mail, specifying the name, first name, amount and order number.
VII. Terms and conditions of payment of the order
The payment of the price is made by the buyer, immediately with the order, via the following means of payment : credit card, Visa, Mastercard, American Express, Paypal .
In the event of payment via PayPal, information concerning the buyer’s PayPal account will never be communicated to the wine-grower. PayPal encrypts and protects the information transmitted to it, including the characteristics of the Paypal account and / or the credit card number.
No other means of payment – in particular payment by check – is accepted. If a customer wishes to pay via another means of payment, he must abandon his oneline order and contact the wine-grower directly, who will assess the action he can take at the request of said customer.
Payment is made via the secure website of the bank partner of the wine-grower. This means and implies that no banking information concerning the buyer passes through the site. Payment by credit card is therefore perfectly secure (SSL). The order will be recorded and validated upon acceptance of payment by the banking service provider .
The buyer guarantees the wine grower that he has sufficient funds to cover the amount of the order and the authorizations necessary for the use of the bank card used.
The sums due and unpaid on the due date will give rise, without prior notice, to the payment of late payment interest calculated in accordance with the provisions of article L.441-6 of the French Commercial Code, to be further increased a lump sum indemnity for recovery costs of € 40 as well as, if the recovery costs incurred prove to be greater than the amount of this lump sum indemnity, additional compensation, upon justification.
VIII . Product delivery
8 .1 – Delivery address
The ordered products are delivered to the address indicated by the buyer when ordering on the site.
Delivery is made by direct delivery of the products sold to the buyer, by the transporter or by the depot where the product(s) will be stored.
If the products were returned to the grower to the incomplete address pattern or false address, the wine-grower will contact the buyer to inform and ask for further information or a new delivery address. The starting point for the new delivery period will start to run upon receipt of information concerning the new address and the costs of this reshipment will be borne by the buyer. In any case, the wine-grower cannot be responsible for the impossibility of delivering the products to the place and time required. Failing to reach the buyer, the wine-grower will keep the product(s) at the disposal of the latter, at the head office of the wine-grower, for a maximum of 30 calendar days, then the sale will be considered to be canceled, otherwise for the buyer to have recovered his order or to have allowed the wine-grower to contact him.
8 .2 – Transport and reception of products
Unless expressly requested by the buyer, the products sold travel entirely at the risk and peril of the buyer or the designated recipient, even in the case of carriage-paid shipping.
If the command reaches a certain volume, the grower may send the product( s) to the buyer in several deliveries and / or more containing.
It is up to the buyer to check, when the product(s) are given to him, the condition of the packaging as well as the nature, condition, quantity, quality of the product ( s ) and more generally compliance of or product (s) delivered (s) to the content of the order concerned .
The signature of the delivery receipt without reservation implies acceptance of the product(s) by the buyer.
Before signing the delivery receipt and in the event of an anomaly, breakage, damage, defective package or missing item noted by the buyer, he must :
• or accept or the product(s) and expressed clearly his reservations on the delivery receipt and confirmed this writing, within five days of delivery by registered mail with return receipt addressed to the grower,
• or simply refuse delivery.
In the latter case of refusal of delivery and subject to the confirmation by the wine-grower of the merits of said refusal of delivery by the buyer :
• the wine-grower will ship to the buyer as soon as possible a same product to the purchased product(s) and expected by the buyer,
• the wine-grower will bear the costs of resending the product(s),
• the buyer will not be able to demand reimbursement of the product(s) and delivery costs.
From the date of delivery, the wine-grower cannot be held liable for the risk of loss, deterioration of the products or damage that the buyer may cause to them.
In the event of an anomaly of the product(s) clearly attributable, without possible dispute, to the wine-grower, noted by the buyer after signing without reservation of the delivery receipt, the buyer will be required to inform the wine-grower and, the case, the carrier, by registered letter with acknowledgment of receipt, within 24 hours of signing the receipt of delivery.
8 .3 – Delivery time
The buyer’s order will be dispatched within a maximum of 5 working days from receipt of payment, provided that the products ordered are available.
This delivery time is however given for information only, insofar as it is carried out by one or more third parties for which the wine-grower is not a guarantor and this delivery time is therefore in no way guaranteed.
Consequently, any reasonable delay in the delivery of the products may not give rise to the benefit of the buyer for damages or the right to cancel the order.
In any case, the product(s) is / are / will be delivered within 30 days maximum following the completely provided order, with valid shipping address and phone number.
In case of non-compliance with this delivery time by the wine-grower, the buyer has the option of ordering the wine-grower to make delivery within a reasonable additional time, either by email sent to the address: contact [ at] materetfilii.fr, either by registered letter with acknowledgment of receipt sent to the following address: Mater & Filii, 4, rue du Maréchal Foch, 51700 DORMANS.
Only if the wine-grower has not executed within this period, the buyer will have the opportunity to resolve the sale, on the same terms.
In case of non-compliance with the delivery time by the wine-grower, the latter will in no case be held liable for indirect damage that the buyer comes to invoke. This indirect damage is understood in particular by any loss of income, profits, interests or markets, and any loss linked to the impossibility of using all or part of the shipment.
8.4 – Force majeure and fortuitous events
It is recalled that force majeure or fortuitous event releases – temporarily or permanently – the wine-grower from any delivery commitment and without compensation for the benefit of the buyer . Therefore and in such a case, the wine-grower cannot be held responsible for delays, losses, damage, degradation of quality, errors or failure to deliver.
In such a situation, all events or causes outside the will of the wine-grower, hindering or stopping the supplies or deliveries of the wine-grower or those of his suppliers or subcontractors, and preventing in good faith the wine-grower from carrying out the delivery of the products subject to the order.
XI – Responsibility
The wine-grower guarantees to provide products that comply with the regulations in force and with the characteristics announced on the site.
The wine-grower cannot be held liable in the event of an incomplete or incorrect entry of his order by the buyer, in the event of a stock shortage or unavailability of the products, in the event of indirect damage linked to non-compliance with the delivery time, or for all the situations provided for in article 7.4 and in general all events outside the control of the wine-grower which do not allow the proper execution of the order.
X – Retention of title clause
It is expressly agreed between the parties that they remain property of the wine-grower until full and complete payment. The transfer of the property to the purchaser will take place on the day of full payment of the price.
Notwithstanding the foregoing, the buyer will, upon receipt of the products, be fully responsible for them with regard to any risk.
X I – Conditions and consequences of exercising the right of withdrawal
Pursuant to Article L.221-18 of the Consumer Code, in the event of sale concluded at a distance, the buyer has a period of 14 days from the day of receipt of goods ordered to retract, without having to justify reasons and he will not suffer any penalty due to this retraction.
To exercise this right of withdrawal, the buyer must notify his intention to withdraw, before the expiration of the withdrawal period, by an unambiguous declaration via:
• a letter containing his name, address and possibly his telephone number and his e-mail address sent to the address (the post office’s proof): Champagnes Mater & Filii, 4, rue du Maréchal Foch, 51700 DORMANS
• an e-mail containing his name, address and possibly his telephone number and his e-mail address sent to the address (the date of sending being proof): contact [at] materetfilii.fr
He may, if he wishes, use the withdrawal form below for this purpose, but this is not compulsory .
If, at the time of withdrawal, the buyer has received the products, he must return them to the address of the wine-grower listed above and in article 1, without undue delay, in their original condition and packaging, in perfect condition for resale, and in any event, at the latest fourteen days after notification of its withdrawal. This deadline is deemed to be respected if the products are returned before the expiration of the said deadline.
The transport of returned products is the responsibility of the buyer, who will have to choose a suitable method of forwarding. The direct costs of returning the products, estimated at a maximum of € 250.00, are borne by the buyer. The buyer may be held liable in the event of depreciation of the products resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of these products . According to the case law of the ECJ, these manipulations are those that a consumer can carry out in a store, for the goods offered there for sale.
If, at the time of withdrawal, the buyer has not yet received the products and they are in the process of being sent, they must return them, as soon as received, to the address of the wine-grower listed above and in section 1 .
The wine-grower will reimburse the buyer for all payments received (excluding delivery costs and customs tax possibly applied), upon receipt of the products on his premises, using the same means of payment as that which the buyer will have used to make the settlement, unless the parties have agreed otherwise. In any event, this refund will not incur any costs for the buyer.
If at the time of withdrawal the buyer has not yet received the goods and that he ‘s still in the premises of the wine-grower , this ows -ci will be considered available for another buyer.
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MODEL WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract)
For the attention of Mr. DHUICQ, Champagne Mater & Filii, 4, rue d u Maréchal Foch, 51700 DORMANS
Contact [at] materetfilii.fr :
I / we (*) notify you / notify (*) hereby my / our (*) withdrawal from the contract relating to the sale of the property ( *) / for the provision of services (*) below:
Ordered on ( *) / received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of the consumer(s) (only if this form is notified on paper):
(*) Delete the unnecessary reference.
XI I – Guarantees
In accordance with Articles L. 111-1 and L. 211-2 of the Consumer Code, the grower informs the buyer of :
• the existence and methods of exercising the legal guarantees from which it can benefit (conformity and guarantee of hidden defects).
• the existence and conditions of implementation of the content of said legal guarantees.
12 .1 – Legal warranty of conformity (articles L.217-7 to L.217-14 of the Consumer Code)
The legal conformity guarantee is a guarantee against all conformity defects already existing on the date of delivery of the product.
A lack of conformity is characterized in the following situations :
• product unfit for use normally expected of a similar asset,
• product that does not match the description given by the wine-grower ,
• product that does not have the qualities announced by the wine-grower or agreed with him,
• product which has a manufacturing defect, an imperfection, a bad assembly .
Faults can come from :
• of the product itself,
• of the packaging .
However, the legal guarantee of conformity does not apply if :
• the buyer was aware of the defect at the time of purchase,
• the buyer could not have been unaware of the defect at the time of the purchase (for example, if the wine grower informed it),
• the defect results from materials which the purchaser himself supplied or added .
The buyer has a period of 2 years from the date of delivery of the product to implement the warranty. The procedure is free.
The defect is automatically considered to date from before the purchase of the product, so that the buyer will not have to provide proof of the date of appearance of the defect. The buyer only proves the existence of the defect. Therefore the wine-grower has to prove that the defect did not exist at the time of purchase of the product, if he contests the application of the guarantee and considers that the error occurred after purchase .
More than 2 years after the delivery of the product, the buyer can no longer benefit from the legal guarantee of conformity.
If the above conditions for invoking the guarantee legal of compliance are met, the buyer is invited to contact the wine-grower (by mail, email or phone) that offers ra to the buyer replacement of the product(s).
If he accepts, the buyer can :
• either return the product(s) to the wine-grower, against delivery of a copy of the order form, and obtain other (s),
• either return the product(s) to the wine-grower, by post and obtain other(s), sent by the wine-grower, postage costs, back and forth, at basic rate, borne by the wine-grower .
• If he refuses, the buyer may :
• either obtain the resolution of the sale (the order) and the full refund of the price paid, by returning the defective product(s),
• or get the allowance price (reduction in price product), returning the defective product(s), if the defect is major and the time of the chosen solution exceeds 1 month from asked or if any modality compliance is not possible.
12 .2 – Legal guarantee against hidden defects (articles 1641 to 1649 of the Civil Code)
The wine-grower is bound by the guarantee on account of the hidden defects of the thing sold which make it unfit for the use for which it is intended or which so diminish this use, that the buyer would not have acquired it, or would have given a lower price, if he had known them.
The legal warranty covers all costs caused by hidden defects.
The wine-grower is not liable for obvious defects which the buyer was able to convince himself, but only hidden defects, specifically with the understanding that it will be obliged to any warranty, it could know the said hidden defects .
The hidden defect must be prior to the sale .
It is the judges of the merits who assess sovereignly if the thing sold is unfit for its destination. The time available to the buyer to act is 2 years from the discovery of the defect .
If the latent defect is proven, (proof of the absence of default could be reported especially after tasting by wine experts wine-grower ), the buyer has two choices between :
• return the item and have the price returned ;
• keep the thing and get part of the price.
The texts concerning the existence, the conditions of implementation and the content of the legal guarantee of conformity are reproduced below :
Article L.217-4 of the Consumer Code:
“ The wine-grower delivers a product that conforms to the contract and responds to any lack of conformity existing when it is delivered. He is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter has been charged to him by the contract or has been carried out under his responsibility ”.
Article L.217-5 of the Consumer Code:
” The goods comply with the contract:
1 ° If it is suitable for the use normally expected of a similar item and, if applicable:
– if it corresponds to the description given by the wine-grower and has the qualities that he presented to the buyer in the form of a sample or model;
– if it has the qualities that a buyer can legitimately expect in view of the public declarations made by the wine-grower, by the producer or by his representative, in particular in advertising or labeling;
2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the wine-grower and which the latter has accepted ”.
Article L.217-12 of the Consumer Code:
” The action resulting from the lack of conformity lapses two years after delivery of the goods “.
The texts concerning the existence, the conditions of implementation and the content of the guarantee against hidden defects of the thing sold are reproduced below:
Article 1641 of the Civil Code:
” The wine-grower is bound by the guarantee on account of the hidden defects of the thing sold which make it unfit for the use for which it is intended, or which so diminish this use, that the buyer would not have acquired it, or n ‘would have given them a lower price, if he had known them ‘.
Article 1648 paragraph 1 of the Civil Code:
” The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect “.
Article 2232 of the Civil Code:
” The postponement of the starting point, the suspension or the interruption of the prescription cannot have the effect of bringing the period of the extinctive prescription beyond twenty years from the day of the birth of the right “.
XIII – Personal Data – Personal Data Protection Policy – Rights of the buyer
13.1 – Preamble
The provisions of this article relating to the Personal Data protection policy apply to the site and all of its sub-domains. The purpose of the Personal Data protection policy is to expose buyers to :
• The way in which their personal data is collected and processed ( ” Personal Data ” ) . Should be considered Data personal all data is likely to identify, alone or assembled, a user, such as including his full name, his age, his address, his email address or IP address;
• What are the rights of buyers regarding this Personal Data ;
• Who is responsible for processing the Personal Data collected and processed;
• To whom this Personal Data is transmitted.
This policy of personal data protection complete the ” Legal and General conditions of use champagne Mater & Filii ” that bought ers can see at the following address : https://materetfilii.fr/fr/mentions- legal /
13.2 – General principles regarding the collection and processing of Personal Data
In accordance with the provisions of European Regulation 2016/679, the collection and processing of Buyers’ Personal Data respect the following principles:
• Lawfulness, fairness and transparency: Personal data will not collected and processed without the consent of the owner / holder of personal data . Whenever Personal Data is collected, the buyer will be informed that his Personal Data are collected, and for what reasons his Personal Data are collected;
• Limited purposes: the collection and processing of Personal Data is carried out to meet one or more objectives determined in this article ;
• Minimization of the collection and processing of Personal Data : only the Personal Data necessary for the proper execution of the objectives pursued by the site are collected;
• Storage of Personal Data reduced in time: Personal Data is kept for a limited period, of which the buyer is informed;
• Integrity and confidentiality of personal data collected and processed: the wine-grower, responsible for processing personal data within the meaning of European Regulation 2016/679, guaranteed t the integrity and confidentiality of personal data collected.
13 .3 – Personal data collected and processed in the context of navigation on the site
The Personal Data collected on the site are as follows:
• Personal Data communicated by the buyer as part of the creation of his customer account and his order (name, first name, address …),
• The technical characteristics of the means used for its connection to the site (screen size, IP address …)
• Information about site usage: number of orders, time spent, products viewed …
• This Personal Data is collected when the buyer performs one of the following operations on the site:
• Create a customer account on the site,
• Order and buy a product on the site,
• Consulte the description of a product,
• Use the contact form .
In addition, during a payment on the site, it will be kept in the computer systems of the site editor a proof of the transaction including the order form and the invoice. The controller will remain meanwhile in the art computer systems Site and within reasonable security conditions, all personal data collected for a period of 3 years, for visits without purchase, to 5 years if the buyer makes a purchase and 10 years if the total amount of the order exceeds 130 € .
The collection and processing of Personal Data meet the following purposes in particular:
• creation and control of access to customer accounts,
• fulfillment, processing and execution of the order ;
• monitoring of payment and billing,
• put in relation with third parties, if any,
• sending marketing and sales information, if applicable .
And more generally all activities in connection with the sale of products through the site.
13.4 – Transmission and shares of Data personal to third
Certain Personal Data of buyers collected during their browsing on the site may be transmitted to external service providers . These external providers provide service to the account of the wine-grower and his name in order to allow the smooth operation of payment by credit card and other services or may offer their services or products to buyers .
The Personal Data will are not likely to be transferred :
• to third-party companies, for marketing and / or commercial purposes,
• to countries outside the European Union.
The controller may be required to disclose all or part of administrative or judicial authorities when such disclosure is necessary to identify, arrest or prosecution of any individual. The controller is legally required to disclose this Personal Data, it may therefore not oppose.
13.5 – Hosting of Personal Data
Personal Data collected and processed by the site is exclusively hosted and processed in France.
The site is hosted on the servers of OVH, SAS with a capital of € 10,069,020, registered with the RCS of LILLE Métropole under the number 424 761 419 and whose head office is located at 2 rue Kellermann, 59100 Roubaix.
The host can be contacted at the following telephone number: +33 9 72 10 10 07 .
13 .6 – Person responsible for processing Personal Data
The person responsible for processing Personal Data is the wine-grower, who can be contacted :
• by mail, to the following address : M. DHUICQ, Champagnes Mater & Filii, 4, rue du Maréchal Foch, 51700 DORMANS,
• by e-mail, to the following address : contact [at] materetfilii.fr,
• by phone at : 01 39 15 28 42, from Monday to Friday, 9 h 30-17 h 30 .
The person responsible for processing Personal Data is responsible for determining the purposes and means used to process Personal Data .
He undertakes to protect the Personal Data collected, not to transmit it to third parties without the purchaser having been informed of it and to respect the purposes for which this Personal Data has been collected.
The site has an SSL certificate to guarantee that the information and the transfer of Personal Data passing through the site are secure.
A SSL certificate (“Secure Socket Layer” Certificate ) aims to secure the Personal Data exchanged between the buyer and the site.
In addition, the person responsible for processing Personal Data undertakes to notify the buyer in the event of rectification or deletion of Personal Data, unless this entails disproportionate formalities, costs and procedures.
If the integrity, confidentiality or security of personal data of the buyer would be compromised, the controller shall inform the buyer by any means
13.7 – Rights of the buyer
According to regulations concerning the processing of personal data, the buyer has to the rights listed below.
1. Right of access, rectification and right to erasure
The buyer may examine, update, change or request deletion of personal data concerning him, sent in ant an email to the controller of personal data, specifying the purpose of the application and using the contact email which is provided above .
If he has one, the buyer has the right to request the deletion of his personal space by following the same procedure. The request for the deletion of Personal Data will be processed within 30 working days .
2. Right to the portability of Personal Data
The buyer has the right to request the portability of his Personal Data, held by the site, to another site, by following the same procedure .
3. Right to limit and oppose the processing of Personal Data
The buyer has the right to request the limitation or to oppose the processing of his Personal Data by the site, without the site being able to refuse, unless he can demonstrate the existence of legitimate and compelling reasons, which may prevail over interests and the rights and freedoms of the buyer .
In order to apply the limitation of the processing of his Personal Data or make an opposition to the processing of his personal data, the buyer has to demand the limit of the processing of his personal data to the controller, by using the same procedure.
4. Right not to be subject to a decision based exclusively on an automated process
In accordance with the terms of the 2016/679 settlement, the buyer has the right not to do – and does not – the subject of a decision based solely on an automated process if the decision produces legal effects concerning him or affects it significantly similarly.
5. Right to determine the fate of Personal Data after the death of the buyer
The buyer is reminded that he can organize what should become of his Personal Data collected and processed if he dies, in accordance with law n ° 2016-1321 of October 7, 2016.
6. Right to seize the competent supervisory authority
If the controller of personal data did ANSWER is not at the request of the buyer and the buyer wishes would contest the decision, or if he thinks he’s violated one of the rights listed above, the buyer is entitled to seize the CNIL (National Commission for Data Protection, https://www.cnil.fr) or any competent judge.
So that the person responsible for processing Personal Data can study the merits of his request, the buyer is required to communicate his first and last name as well as his e-mail address.
The person responsible for processing Personal Data is required to respond to the buyer within a maximum of 30 (thirty) days .
13.8 – Conditions for modifying the personal data protection policy
This article on Personal Data Protection Policy was updated on 1 st May 2020 and may be modified at any time to ensure compliance with the law.
Consequently, the purchaser is invited to regularly consult this Personal Data protection policy in order to keep informed of any possible latest changes which have been made to it.
13.9 – Acceptance by the user of the personal data protection policy
By browsing the site, the buyer acknowledges having read and understood the personal data protection policy and has accepted conditions, regarding in particular the collection and processing of his personal data .
XIV – Cookies
XV – Intellectual property
Are protected by intellectual property rights belonging to the wine-grower, all elements (basic personal data, graphics, text, photographs, etc … ) of the website .
No reproduction (other than that for strictly private use) of any of the elements of the site, or any hypertext link to the site, can take place without the express and prior authorization of the wine-grower.
XVI – Prevention of the alcohol bus
Alcohol abuse is dangerous for health. Know how to consume and appreciate with moderation.
XVI – Applicable law – Severability of clauses
The GCS are subject to French law.
The nullity of one or more clauses of the GCS which would be definitively pronounced by a competent jurisdiction will not entail the nullity of all the GCS. Clauses that do auron t been declared invalid shall continue in effect.
XVIII – Complaint – Mediation – Rules disputes
In the event of a complaint relating to a product or the execution of an order, as in the event of a dispute over the interpretation, execution or validity of the GCS, the buyer is invited to do everything possible to research prior to any another approach, an amicable solution by contacting the winemaker beforehand by sending him a letter to the following address : M. DHUICQ, Champagnes Mater & Filii, 4, rue du Maréchal Foch, 51700 DORMANS or an e-mail to following address : contact [at] materetfilii.fr
18.1 – Complaint
To be valid, any complaint by a buyer must be notified, by registered letter with acknowledgment of receipt or by extra-judicial act, to the wine-grower, at the following address: Société Mater & Filii, 4, rue du Maréchal Foch, 5 18 00 DORMANS, within a maximum of 30 days from the date of purchase of the product causing the buyer to formulate his complaint.
If this complaint relates to a product, it must, within this period, be kept in its original condition or packaging so that any complaint can be taken into account.
18.2 – Mediation of consumer disputes
Under the provisions of the Consumer Code regarding the amicable settlement of disputes, the buyer may, in case of failure of asked via its claim with the wine-grower or the lack of response of the latter within two months, submit the dispute between the wine-grower and a mediator who will try, in complete independence and impartiality, to bring the parties together in order to reach an amicable solution. To submit his request for mediation, the buyer has a claim form accessible on the mediator’s website at www.medicys.fr
18.3 – Online Dispute Resolution Platform
In accordance with Article 14 of EU Regulation No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the Union European. This platform is accessible at the following address : https://webgate.ec.europa.eu/odr/
The parties remain free to accept or refuse the recourse to mediation as well as, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.
18.4 – Referral to court
The buyer remains free at any time to go to court.
The competent court will be that of the place of domicile of the defendant or that of the place of actual delivery of the product causing the buyer to seize the court .
XIX – Language of the GCS – Translation
The GCS were written in French and were the subject of a non-sworn translation. It is agreed that in case of difficulty of interpretation, the French version will prevail in any case.