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GENERAL SALES CONDITIONS (GSC) FOR THE CONSUMERS AND NON-PROFESSIONALS WEBSITE

This site, www.chapoutier.com, is published by the company M.CHAPOUTIER SA, having registered capital of 5,408,500 euros, being recorded in the Companies’ Register under the number 435 580 477, having its registered offices at 18 Avenue Docteur Paul Durand, 26600 TAIN L’HERMITAGE, and for which the contact information is as follows: Tel: +33 4 75 089 261; Fax: +33 4 75 089 636; Email: chapoutier@chapoutier.com

The chapoutier.com website is an e-commerce site that provides an online ordering facility. The products are from M. CHAPOUTIER itself (M. CHAPOUTIER SA), or from affiliated businesses or partners for which M. CHAPOUTIER is a reseller. Usage of the chapoutier.com e-commerce platform implies unreserved acceptance of the following conditions:

PREAMBLE

The sales conditions herein are applicable between the company M. CHAPOUTIER SA – the publisher and Seller of the commodity range – and any physical person of legal age or whatever moral entity, acting under the status of a non-professional in the sense defined in the preamble of French consumer legislation [the Code de la Consommation], being located in one of the geographical regions covered by our Service, and wanting to make a purchase on the Site (the said person/entity being hereafter referred to as the “Customer”).

These sales conditions govern the contractual relations between the publisher of the product range and the Customer, and state the general and particular conditions applicable to any purchase of goods (order) and services (order preparation, shipping, etc.) on the Site.

Any Order placed by the Customer within this scope is deemed to be transacted in person for personal and non-professional needs.

The contract resulting from the Customer's effective Order is governed by the distance selling regulations instated by legislation and regulations applicable in France, notably French consumer protection legislation (the Code de la Consommation) applicable since July 1, 2016, as well as the provisions stated below.

Acceptance of the Sales Conditions

By placing an Order on the Site, the Customer certifies that he/she is a physical person of legal age, acting in a personal status, or a moral entity transacting for non-professional needs, and that he/she/it accepts the General Sales Conditions such as published on the Site by the publisher of the commodity range.

The Customer certifies having the legal capacity to transact, and acknowledges having previously read and unreservedly accepted the sales conditions applicable to the purchase (order and shipping) at the time of placing the Order.

These conditions include the following, in order of priority:

  • the General Sales Conditions

    These General Sales Conditions herein prevail over any other conditions – whether general or particular – not being expressly accepted by the Seller;
  • the Particular Sales Conditions

    The Particular Sales Conditions are those stated in the Web page (price, terms and conditions stated notably in the product data sheets, order forms, etc.).

The Customer is invited to carefully read the general and particular sales conditions applicable to every Order.

1 DESIGNATION AND DEFINITION OF THE PARTIES

1.1 The Seller

The Seller (hereafter referred to as the “Seller”) is the company M.CHAPOUTIER SA, having registered capital of 5,408,500 euros, being recorded in the Companies’ Register under the number 435 580 477, having its registered offices at 18 Avenue Docteur Paul Durand, 26600 TAIN L’HERMITAGE, and for which the contact information is as follows: Tel: +33 475 089 261; Fax: +33 475 089 636; Email: chapoutier@chapoutier.com

1.2 The Consumer

A “Consumer” is deemed to be any physical person acting for purposes not falling within the scope of his/her commercial, industrial, cottage-type, liberal profession or agricultural business, as per the preliminary section of French consumer protection legislation (the Code de la Commerce).

1.3 The Non-Professional

A “non-professional” is deemed to be any moral entity acting for purposes not falling within the scope of its commercial, industrial, cottage-type, liberal profession or agricultural business, as per the preliminary section of French consumer protection legislation (the Code de la Commerce).

2 PROVISIONS APPLICABLE TO THESE GENERAL SALES CONDITIONS (HEREAFTER REFERRED TO AS THE GSCs)

2.1 Purpose of the GSCs

These General Sales Conditions herein govern and apply solely to online sales, to consumers and non-professionals, of the commodities being sold by the retailing company on the Site chapoutier.com (hereafter referred to as the “Site”), to which access is unrestricted and free of charge for all Web users, barring those exceptions stated in Article 3 of the GSCs.

2.2 Scope of Application of the GSCs

These GSCs are only applicable to online sales Contracts for commodities retailed by the Seller to buyers having the status of consumers or non-professionals (hereafter referred to as the “Customer(s)” and constituting – in association with the order form – the contractual documents applicable between the Parties.

However, the GSCs are not applicable to professionals, who are defined as being any physical person or moral entity, whether public or private, acting for purposes falling within the scope of his/her/its commercial, industrial, cottage-type, liberal profession or agricultural business, including when acting on behalf of another professional.

The GSCs are applicable solely to commodities supplied to Customers resident in mainland France and the following countries: Germany, Andorra, United Kingdom, Austria, Belgium, Scotland, Spain, Italy, Lichtenstein, Luxembourg, Monaco, Wales, The Netherlands, Portugal, Switzerland.

The original text of the GSCs and all information published on the Site is drafted in French, but is fully translated into English, and may be available in the language of the buyer's country.

2.3 Availability and Conservation of the GSCs

Before accepting the order and its payment, the Customer has to put a tick in a checkbox provided for declaring having read and accepted the GSCs. Beside the checkbox is a link allowing the Customer to download the GSCs (and the cancellation form) in PDF format, and print them.

The conservation and reproduction of the GSCs is handled by the Seller in compliance with Article 1369-4 of French civil law (the Code Civil) such as applicable as from October 1, 2016.

2.4 Changes to the GSCs

The sales conditions apply to orders at all times.

The Seller reserves the right to amend its GSCs at any time.

In the event of changes to the GSCs, the said changes will only be applicable to the Customer as from their publication online, and under no circumstances will they be applicable to Contracts concluded prior to the said changes.

The GSCs applicable to the Customer are those in force at the moment of the Customer’s effective acceptance of the order placed on the Site.

The aforementioned conditions will be sent to the Customer as an attachment in PDF format to the order confirmation email.

3 Legal Information About Sales of Alcoholic Beverages and the Protection of Minors

By entering his/her year of birth in the Site's home page, the Customer certifies that he/she is at least 18 years of age at the time of ordering, under the terms of French legislation. If the Customer is resident in another country, he/he undertakes to comply with the laws and regulations of that country, as regards legal majority and the minimum age required for the purchase of alcoholic beverages.

Abusive alcohol consumption is dangerous to health.

4 Commodities

The commodities offered for sale in the catalog published on the Site each have a description published on the M. CHAPOUTIER SA Site, which can be read by clicking on each product.

4.1 Product Data Sheets

Each commodity offered on the Site has a data sheet that can be viewed by clicking on the title or photograph of the commodity concerned. The data sheet is drafted on the basis of the information provided by the manufacturer or supplier of the product concerned, and states the principal features of the selected commodity, in compliance with Article L. 111-1 of French consumer protection legislation (the Code de la Consommation).

This information is not intended to be exhaustive, and is meant to inform the Customer as fully as possible about the principal features. It is mainly based on the information provided on the labels and packaging, and can be amended by the manufacturer or supplier at any time; the information may vary very slightly and, consequently, it does not override the information shown on the packaging of the delivered product, which prevails, and which the Customer is invited to consult.

4.2 Photographs and Illustrations

The Customer is informed that, with proviso for his/her/its rights, there is the possibility of a difference in appearance when delivered, due to a change in labeling, garnishing, or packaging by the manufacturer or supplier (in relation to the photographs and Illustrations), although this difference in no way modifies the content and characteristics of the product.

4.3 Promotional Benefits

The Customer is informed that the Service does not grant eligibility for promotional benefits of whatever nature applicable to the purchase of a product, or for a minimum purchase quantity, except those expressly formulated for the Site and publicized through, for example, the attribution of a code.

5 Prices

5.1 Sales Price

The sales price of the commodity is that applicable on the day of ordering, including the VAT applicable on the day of ordering.

Sales prices are stated for every product in the electronics catalog, in euros and including all taxes but – in compliance with Article L. 112-3 of French consumer protection legislation (the Code de la Consommation) – exclude charges for preparation, shipping, delivery, franking or whatever other charges, which are stated separately.

The delivery and shipping costs charge in addition will be stated to the Customer before final acceptance of the Order, in the Order summary.

In the event that a promotion is run on the Site, the Seller undertakes to apply the promotional price to any order placed during the period of the promotion.

The total amount payable by the Customer is stated on the Order confirmation page. The amount of the order that the Customer will have accepted by continuing with payment is the final price, including all taxes and delivery charges, and the maximum amount that will be debited. However, the price may vary in the event of unavailability of one or more products ordered, or if the Customer has accepted that one or more of the products may be substituted. M. CHAPOUTIER SA reserves the right to alter its prices at any time, without forewarning, although with the proviso that the price stated on the Site on the day of ordering will be the price payable by the Customer.

5.2 Changes

The Seller reserves the right to change its prices at any time, but guarantees the Customer that the price applied will be the price applicable on the day of the Order

6 Period of an Offer

Online sales offers run on the Site are applicable for as long as the products are listed in the online catalog, unless a particular time period is stated.

Orders placed in respect of such offers can only be fulfilled within the limit of the available stocks, for limited quantities of the products, according to the products, formats and yearn; the Seller will immediately inform the buyer in the event of a stock outage that prevents fulfillment of an Order within 15 days after transacting the contract, or preventing fulfillment on a permanent basis.

In such cases, unless the Parties agree on another delivery time, or on a different product being available, that is of equivalent quality and price, the Consumer will be reimbursed all sums already paid, within fourteen days after having made payment, without prejudice to his/her/its right to cancel and withdraw from the contract under the terms of Article 216-2 of French consumer protection legislation (the Code de la Consommation).

7 Order

7.1 Stages of Conclusion of the Contract

To place an order, the Consumer first accumulates an online shopping basket by choosing the selected products and the desired quantities, and afterwards clicking on the “Place Order” button and then entering information about delivery and the means of payment.

He/she/it acknowledges a payment obligation by clicking on the “Payment Approving Order” button, in compliance with the terms of Art. L. 221-14 of French consumer protection legislation (the Code de la Commerce).

Before clicking on this button, the Customer can verify the details of his/her/its Order and its total price, download the GSCs and the cancellation form, and return to previously-visited pages to correct possible errors or modify the order if desired.

After confirming the content of his/her/its order, the Customer finally approves it by making payment. The order will only be firm after paying the corresponding price.

To comply with the terms of Art. 1127-2 of French civil law (the Code Civil), an email acknowledging the Order and its payment will be sent by the Seller without unjustifiable delay.

After conclusion of the contract, and by not later than the moment of delivery, in compliance with Art. L. 221-13 of French consumer protection legislation, the Customer will receive – in durable form – an order confirmation email itemizing the products ordered, the price including VAT, and the delivery charges, with a copy of the GSCs and the cancellation form.

7.2 Modification of an Order

Any modification to the Order by the Customer after confirming the Order is subject to acceptance by the Seller.

7.3 Archiving and Proof

Messages, Order forms and invoices will be archived on a reliable and durable medium, to constitute a faithful and durable copy in compliance with Article 1348 of French civil law (the Code Civil), the which copy will be compliant with Article 1379 of French civil law.

These messages, Order forms and invoices can be produced as proof of the contract and its conditions.

7.4 Unavailability of Products Ordered

As stated in Art. 6, if products ordered are not available for delivery, the Seller will immediately inform the Consumer, and may propose another product of equivalent quality and price.

If the Consumer does not agree, he/she/it is reimbursed amounts paid within fourteen days after making payment.

8 Payment

8.1 Moment of Payment

Products ordered are payable in full at the time of ordering, in euros.

An invoice established in euros including VAT will be issued by the Seller and sent to the Customer at the specified billing address.

In the event of non-payment or rejection of payment authorization by an accredited organization, the Order will be rejected.

8.2 Terms of Payment

Payment is made immediately during ordering, by payment card, or by bank check sent to the Seller's registered offices address, such as stated in Article 1.1, or by money order or transfer.

8.3 Securing of Payment

Payment cards are processed via the MERCANET secure platform operated by BNP PARIBAS, which is integrated into the chapoutier.com Site. MERCANET secures transactions using 3D SECURE (VISA SECURE).

9 Cancellation

9.1 Right of Cancellation

In compliance with Article L. 221-18 and subsequent of French consumer protection legislation (the Code de la Consommation), the Consumer is within his/her/its rights to withdraw from the contract transacted with the Seller, without stating reasons, within a period of fourteen days.

This reconsideration time expires fourteen days after the Customer or a third party, other than the carrier but appointed by the Customer, physically takes possession of the goods.

To exercise his/her/its cancellation right, the Customer has to send notification to the email address (vpc@chapoutier.com) or physical address of the Seller, such as stated in Article 1.1, of his/her/its decision to withdraw from the contract, by making an unambiguous written declaration (for example, in a message sent by surface mail, fax or email).

The Customer can use the blank standard cancellation form provided by the Seller and appended herewith, but this is not mandatory.

For the reconsideration period to be complied with, the Consumer simply sends a message regarding invoking the cancellation right before the expiration of the reconsideration period.

However, the Customer will have no right of cancellation for any bottle that it opens after delivery, for hygiene and health protection reasons, in compliance with L. 221-28 of French consumer protection legislation (Code de la Consommation). Notwithstanding, the Customer is not deprived of the legal compliance guarantee (see Article 11).

9.2 Effects of Cancellation

The effects of cancellation are governed by Articles L. 221-23 and L. 221-24 of French consumer protection legislation (Code de la Consommation).

In the event that the Customer withdraws from the contract, the Seller will reimburse all payments received from the Customer, including shipping charges (except for additional charges due to the fact that the Customer chose a shipping method other than the standard method offered by the Seller), without excessive delay, and by no later than fourteen days as from the day that the Seller is informed of the Customer’s cancellation decision, unless the Seller offers to take back the goods at its own initiative.

The Seller will proceed with reimbursement via the same means of payment as used by the Customer for the initial transaction, unless he/she/it expressly agrees to another means; in any case, the reimbursement will not give rise to any costs for him/her/it.

The Seller may put off the reimbursement until it has received the goods, or until the Customer has provided proof of having dispatched the goods, with the date adopted being the earlier of the two events.

The Customer should send back the product(s) to the Seller, paying the direct costs of return, or hand them over at its address, without unreasonable delay and by no later than fourteen days after having informed it of his/her/its decision to cancel the sales contract. This deadline will be deemed to have been met if the Customer sends back the product before the expiration of the fourteen-day period.

The Customer may be held responsible for occurrences of damage to the goods resulting from handling other than necessary for establishing the nature and characteristics of the good.

10 Delivery

10.1 Delivery Location

Products will be delivered to the address stated by the Customer in the Order form.

For technical and logistics reasons, the Customer can only opt for delivery to mainland France, Corsica and the following countries: Germany, Andorra, United Kingdom, Austria, Belgium, Scotland, Spain, Italy, Lichtenstein, Luxembourg, Monaco, Wales, The Netherlands, Portugal, Switzerland.

10.2 Delivery Time

The Seller undertakes to deliver products within 15 days (unless the Parties have agreed otherwise) after reception of the Order and the payment of the corresponding price. In the case of Orders paid for by bank check, the term ‘reception of payment’ means the time taken to cash the check.

10.3 Late or Improper Delivery

In the event that the Seller fails in its obligation to deliver the products, or on the expiration of the lead time stated in Article 10.2, and unless the Parties agree otherwise, the Customer is within his/her/its rights to terminate the contract as per the provisions of Articles L. 216-2 and subsequent of French consumer protection legislation, without preclusion of any action to seek compensation for whatever prejudice suffered.

10.4 Delivery Terms

If, on delivery, the Customer observes that as item is missing or that the goods have suffered damage, he/she/it should state so in writing on the delivery form.

The Customer should also notify the carrier of the reservations stated on the delivery form, within 3 days, not counting public holidays, of receiving the goods, so that the Seller can claim its rights from the carrier, as per Articles L. 133-1 and L. 133-3 of French commercial legislation (the Code de Commerce). The Customer will be informed of the address to which reservations should be sent on the package.

Non-compliance with these provisions does not deprive the Customer of his/her/its right to claim non-compliance of the products, with the Seller bearing the shipment risks. However, non-compliance with these provisions will place the Customer under an obligation to compensate the Seller for any prejudice suffered due to its loss of recourse against the carrier.

11 Legal Guarantee of Compliance

All commodities supplied by the professional Seller are covered by the legal compliance guarantee provided by Articles L. 217-4 to L. 217-14, L. 411-1 and L. 411-2 of French consumer protection legislation (the Code de la Consommation), and the legal guarantee against concealed defects provided by Articles 1641 and subsequent of French civil law (the Code Civil).

With regard to the legal compliance guarantee, the Consumer:

  • is dispensed of any obligation to provide proof of the existence of the non-compliance of the goods within twenty-four months following delivery of the said good. Non-compliances identified within that time will be presumed to have existed at the time of delivery, unless there is proof to the contrary, as per Art. L. 217-7 of French consumer protection legislation (Code de la Consommation).
  • has a period of two years to take action as from delivery of the goods;
  • can choose repair or replacement of the goods, with proviso for certain cost conditions stated by Articles L. 217-9 and subsequent of French consumer protection legislation.

The legal compliance guarantee is applicable independently of any commercial guarantee granted.

The Customer is within his/her/its rights to lay claim to the guarantee against concealed defects in goods under the terms of Article 1641 of French civil law (the Code Civil). In this case, the Customer can choose between cancellation of the sale or a reduction in sales price, as per the terms of Article 1644 of French civil law (the Code Civil).

12 Intellectual Property

Content existing on the Site, whether visual or audio, are the exclusive property of the publisher or selling companies, and are protected by author's rights, brand rights and patent rights.

Any reproduction or dissemination of the said content without prior written permission from the publisher and the company holding the rights will lay the infringing parties open to legal action.

Personal Information

The Seller considers the Customer's personal information – namely his/her first name, last name, postal address, telephone number, email address, payment card number and any information disclosed on the Site or generated by the Customer’s browser to be confidential information.

In compliance with legal obligations, it stores such information under conditions of strengthened security, and for limited periods of time, in keeping with the purposes for which the Customer provided the said information. Such information is used for these end purposes only, namely: to process the Customer's Orders placed via the Site, to enable the Customer to enjoy the services offered by the Site, to send the Customer – where appropriate – commercial offers that might be of interest to him/her, or to send the Customer information previously requested from the Seller, by filling in questionnaires, or sending email via the “Contact” Contact" page or whatever other equivalent part of the Site.

Certain information items requested in forms are mandatory, which is indicated with an asterisk; if the Customer chooses not to provide them, the request will not be fulfillable.

Use of Personal Information

Information items gathered via a form that the Customer fills in, or from use of the Site (browsing and session data), are necessary to be able to fulfill the Customer's requests, and are intended for the sales staff member responsible for processing, for administrative and commercial purposes, and for its contractual partners involved in the provision of the offered services – notably for home delivery of goods.

It enables the Seller to send the Customer commercial offers by email, concerning its products and services that might be of interest, in compliance with the conditions that follow. The Customer can, at any time, specify that he/she/it no longer wishes to receive such messages, by clicking on the link provided for the purpose in the email messages sent, or by direct contact via the address below.

In compliance with the French law of January 6, 1978, subsequently amended, concerning information technology, personal privacy, the automated processing operations on personal information via the Site has been declared to the French national information technology and personal privacy commission (the Commission Nationale de l'Informatique et des Libertés [CNIL]).

Disclosure of Personal Information

Personal information gathered on the Site concerning the delivery of goods purchased on the Site may be disclosed to partners of M. CHAPOUTIER SA for the shipment of the said goods.

It may also be disclosed to other companies that are partners or affiliates of M. CHAPOUTIER SA (except for the Customer’s email address and mobile phone number), but the said Customer can expressly oppose this information disclosure through the process explained below.

Exercising Your Right of Access

All information – including a copy of the personal information gathered or generated before, during or after the process can be disclosed to anyone exercising their right of access. A copy of the personal information will be provided to the Customer free of charge, provided that such a request is not evidently abusive, notably by virtue of its repetitive or systematic nature.

M. CHAPOUTIER SA may however take the precaution of verifying the identity of anyone requesting access to their personal information or requesting corrections. M. CHAPOUTIER SA may however take the precaution of verifying the identity of anyone requesting access to their personal information or requesting corrections.

The Customer can exercise his/her right of access, rectification or erasure in respect of his/her personal information, and can oppose the use of his/her information for the purpose of prospection – notably commercial prospection – under the terms of the French law of January 6, 1978, subsequently amended, concerning information technology, files and personal privacy, by making a request by telephone to the number +33 475 089 264, or by email to vpc@chapoutier.com, or directly via the Site's “Contact” page, or by postal mail to:

M. CHAPOUTIER SA, Online Sales Customer Service, 18 Avenue Docteur Paul Durand, 26600 TAIN L’HERMITAGE.

Information concerning all Orders is stored and archived for a period of 10 years, and can be used as proof in the event of a dispute.

Cookies

Traffic data and the cookies planted by M. CHAPOUTIER SA plants on your computer are used to enable recognition of the Customer during a future visit, to personalize the Site with the Customer's name, to secure transactions that the Customer may perform, to temporarily remember articles that the Customer may want to order, until completion of the transaction, and to enable M. CHAPOUTIER SA to internally analyze the visitation of the Site's information pages, so as to enhance their content. Data concerning the Customer's browsing is not used in a personally-identifying form; such data is aggregated statistics revealing the pages most and least popular, preferred paths, levels of activity by day, week and hour of day, and the principal Customer or server errors. Without cookies, M. CHAPOUTIER SA cannot fulfill certain requests. If a Customer does not delete cookies (via the Web Tools/Settings of his/her browser), the information is stored on their device permanently. You can prevent the saving of such cookies by configuring your browser as follows:

For Mozilla Firefox:

  • Open the “Tools” menu and choose "Options"
  • Click on the “Privacy” icon
  • Look for the “Cookies” menu and choose the settings you prefer.

For Microsoft Internet Explorer:

  • Open the “Tools” menu, then choose “Internet Options”.
  • Click on the "Confidentiality” tab.
  • Select the desired level, using the pointer.

For Chrome:

  • Click on this icon in the Chrome menu
  • Choose Settings.
  • At the bottom of the page, click on “Show advanced settings”.
  • In the “Privacy” section, choose the “Web content” settings.
  • Select the desired level in the cookies section.
  • Click on OK

For Safari:

  • Open the “Preferences” menu.
  • Click on the “Security” tab.
  • Click on “Only from visited sites”.

For Opera:

  • Open the “Preferences” menu.
  • Click on the “Privacy and Security” tab.
  • Click on “Enable creation of local data” in the “Cookies” section.

For SRWare Iron (Mac):

  • Go to Preferences.
  • In “Settings”, choose “Show advanced settings”.
  • Choose “Privacy” / “Content Settings”.
  • Make your desired choices in the cookies section.

Personal information harvested is only intended for the Publisher and Seller. It undergoes the processing necessary for handling the Order and managing relations with the Customer.

In compliance with the French law 78-17 of January 6, 1978, subsequently amended, the Customer is within his/her/its rights at any time to exercise a right of opposition, access, modification, rectification and erasure in respect of their personal information.

To exercise this right, the Customer should contact the publisher and Seller, M. CHAPOUTIER SA, Online Sales Customer Service, at 18 Avenue Docteur Paul Durand, P.O. Box 38, 26600 TAIN L’HERMITAGE;.or by calling +33 475 089 264, or by email to vpc@chapoutier.com.

The personal information gathered by M. CHAPOUTIER SA may also be used for direct marketing operations by postal mail, text message, multimedia message or email, after the Customer's prior consent has been granted. However, M. CHAPOUTIER SA may also use personal information for marketing operations involving similar products. The Customer can oppose the use of his/her personal information for marketing, data harvesting or any future purpose, by writing to the Seller at the above-mentioned address.

14 Settlement of Disputes

Before any problem or complaint evolves into a dispute, the Customer is invited to contact us, either by email via the “Contact” page, or by email or postal mail to the Sales Administration Department,

M. CHAPOUTIER SA, Online Sales Customer Service, 18 Avenue Docteur Paul Durand, 26600 TAIN L’HERMITAGE; Tel. +33 475 089 264; vpc@chapoutier.com

Any differences that persist despite this prior reconciliation attempt, concerning the validity, the interpretation, the fulfillment or non-fulfillment, or the freezing or termination of the contract, can be put to the consumer affairs mediation process.

Under the terms of Art. L. 612-1 of French consumer protection legislation, every consumer has the right to free-of-charge recourse (except any costs of having oneself represented by a lawyer) to a consumer affairs arbitrator in view of arriving at an out-of-court settlement of the dispute with a professional service provider, within one year following the filing of a written complaint with the Seller's organization.

Consumers can usefully consult the following sites about this subject:

In compliance with Article L. 616-2 of French consumer protection legislation (the Code de la Consommation), the Customer is hereby informed that there is an online resource maintained by the European Commission for registering complaints about online purchases by European consumers, for their subsequent hearing by national arbitrators with due jurisdiction; this European platform for extrajudicial settlement of online commerce disputes is available at: http://ec.europa.eu/consumers/odr/.

In the case of French Customers, in the interim until the appointment of a consumer affairs arbitrator for its particular field of business, the Seller proposes referral to the Centre for Mediation and Arbitration of Paris (CMAP, Consumer Affairs Mediation Service, 39 Avenue Franklin D. Roosevelt, 75008 PARIS; website: www.cmap.fr).

Barring special exceptions, a dispute may only be heard by one single arbitrator. The settlement proposed by the arbitrator is not obligatorily binding on the Parties to the contract.

In the event of a dispute concerning the contract, a Consumer always has the possibility of filing a conventional arbitration case or of recourse to any alternative dispute settlement process.

15 Law Applicable to the Sales Contract

E-commerce is subject to the legislation of the member State in which the person involved in the transaction is resident, when such is the common intention of the parties, notably the person being the recipient of the goods.

Any physical person or moral entity conducting e-commerce is duly liable to the buyer for the proper fulfillment of its obligations resulting from the contract, whether these obligations are to be fulfilled by itself or by other service providers, without prejudice to its right of recourse against these parties.

The sales contract and these GSCs are subject to French law. However, Customers resident in another member State than France are not deprived of the protection granted by the obligatory provisions of legislation in their country of residence.

In the event that an out-of-court settlement cannot be achieved, disputes concerning orders placed on the Site will be under the sole jurisdiction of French courts, even in cases of multiple defendants and invocation of guarantee coverage.

16 Appended: Cancellation Form Template

APPENDIX: CANCELLATION FORM TEMPLATE

(Please complete and return the form together with your order number ONLY if you want to cancel your contract. We recommend you to also specify your order number.)

For the attention of:

M. CHAPOUTIER SA, Online Sales Customer Service, 18 Avenue Docteur Paul Durand, 26600 TAIN L’HERMITAGE; Tel. +33 475 089 264; vpc@chapoutier.com

I hereby inform you of my cancellation of the contract covering the sale of the goods below:

[……………………………………………………………………………………………………………………………………
……………………………………………………………………………………………………………………………………
……………………………………………………………………………………………………………………………………]

Ordered on [………………………………],

Received on […………………………………]

Order number: [………………………………………………………]

Customer(s) name(s): [………………………………………………………………]

Customer(s) address(es):

[……………………………………………………………………………………………………………………………………]

Date : [……………………………………]

Customer(s) Signature(s):
(Only in case of notification via a paper-based printout of this form.)

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