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TERMS AND CONDITIONS
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Editor – Contact
The www.comete1811.com website (the "Site") is edited by la Garnier Frères SARL, a French company with:
• registration number: 837 965 763 au RCS de Troyes
• VAT number: FR02837965763
• company mail :contact@comete1811.com
• registered address: 2 rue de La Plante, 10340 Les Riceys, France
For any enquiry regarding the Site, please contact us by sending a message at contact@comete1811.com.
2. Hosting
The Site is hosted by:
• company name : WIX.COM LTD
• registered address: 40 Port de Tel Aviv 99207 Tel Aviv Jaffa, Israël
• Company number: 80845282500017
TERMS AND CONDITIONS OF USE
The Site is edited by Garnier Frères SARL, a French company having its registered address at 2 rue de La Plante, 10340 Les Riceys, France, registered under n° 837 965 763 au RCS de Troyes(the "Company").
Any use of this Site by any person ("you" or the "user") is governed by these terms & conditions of use (Terms & Conditions"). The purpose of these Terms & Conditions is to define the conditions of access, navigation and use of the Site.
By accessing and using this Site, you accept without restriction to apply these Terms & Conditions as well as the provisions concerning the protection of personal data.
The Company may revise or update these Terms & Conditions and the Privacy Notice & Cookies at any time and without notice. It is your responsibility to re-read these Terms & Conditions and the Privacy Notice & Cookies on a regular basis.
The Company provides this Site only for people who have reached the legal age to consume and/or purchase alcoholic beverages (whichever is the higher) in their location of residence and provided that the consumption and/or purchase of alcoholic beverages is legal.
If no such laws exist in your location of residence, you must be over 21 to access the Site.
1. NAVIGATION ON THE SITE
1.1. Access to the Site
Necessary hardware and software to access Internet and this Site are under sole liability of the users.
The Company reserves the right, in its absolute discretion, to suspend or terminate access or navigation to all or part of the Site and/or its content and/or the available services without prior notice and without entitling
any user to claim any indemnity or compensation.
It is forbidden to modify the software or any element of it or to use a modified version of the software, in order to obtain unauthorized access to the Site.
1.2. Links
The Site may include links to other websites or other internet sources. As the Company cannot control these websites and external sources, the Company cannot be held responsible for the provision or display of these websites and external sources, and may not be held liable for the content, advertising, products, services or any other material available on or from these websites or external sources. Furthermore, the Company cannot be held responsible for any demonstrated or alleged harm or losses resulting from (directly or indirectly) or in relation to the use of, or the fact of having had confidence in, the content,goods or services available on these websites or external sources.
1.3. User responsible behaviour
Each user warrants:
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to be of minimum age legally required to consume and/or purchase alcohol in accordance with the regulations of user’s location of residence,
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to use the Site for user’s personal and lawful use only, excluding therefore any other commercial use without the prior written consent of the Company,
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to provide, when relevant, personal data being true, up-to-date and accurate.
Users may not in any way represent or act on behalf of the Company, its subsidiaries, its affiliates and their respective shareholders, officers, directors, employees.
When using the Site, users must behave responsibly, lawfully, with courtesy and respectful towards other users, the Company, its subsidiaries, affiliates and third parties.
User must notably refrain from:
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uploading, displaying, sending by e-mail or by any other mean any file containing viruses, codes, text files, software or similar items which could disrupt, interrupt, destroy, damage or limit functionalities of any software, hardware or telecommunication material,
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disrupting or interrupting the Site, its servers or networks connected to the Site, or infringing the related requirements, procedures or rules,
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infringing (including any attempt) the Site functioning, notably by exposing the Site to viruses, creating an overload of consultation of the Site or its servers, sending "spams" or overloading the Site messaging system,
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consulting privileged or non public information or accessing a server or account for which the user is not expressly granted access to,
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trying to assess or test the Site vulnerability, breaching security or authentication measures of the Site without the prior written consent of the Company,
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conducting any illegal activity or any other activity likely to infringe rights of the Company, its subsidiaries, affiliates, providers (including technical providers and contractors), customers and third parties, as well as refrain from encouraging thirds to do so,
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uploading, displaying, posting, sending by e-mail or by any other mean any unsolicited or non-authorised commercial or promotional content, junk mails, spasm, chains or any other solicitation,
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uploading, displaying, sending by e-mail or by any other mean any illegal, detrimental, defamatory, offensive, racist, vulgar, obscene, threatening, violent, against decency, infringing third parties rights, chocking or disparaging content or the like,
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sending or forwarding by e-mail or by any other mean any content of the Site to people under the legal alcohol drinking and/or purchasing age in their location of residence.
Each user must comply with any and all applicable regulations, laws and rules related to user’s behaviour on the Internet and transmission of technical data.
When relevant, the Company reserves the right in its absolute discretion to terminate or withdraw any user’s access to the Site without notice in case of breach of the user’s obligations under these Terms & Conditions and/or ancillary documentation, without prejudice to claim damages to such defaulting user.
1.4. User generated content (when applicable)
Users are solely liable of any content they may post or upload onto the Site and the consequences of disclosing, broadcasting, forwarding or making available such content. The Company does not adhere or approve any content, opinion, suggestion or notice generated by users and the Company declines any and all responsibility and liability in respect of any such content to the fullest extent permitted by applicable law.
However, the Company reserves the right, but not the obligation, to monitor use of the Site and to remove any content which, in its sole discretion, would breach these Terms & Conditions, may be offensive, illegal
or otherwise objectionable in any way.
User accepts that the Company may freely and peacefully use, at no cost and without any restriction, any content posted onto the Site in order to be displayed on the Site as well as to be displayed, reproduced on any other medium whatsoever, in the entire world, for the promotion and advertising of the Company, its products and services,
1.5. Report of inappropriate content
Users can report to the Company any inappropriate content by sending a message at
2. PROTECTION OF THE SITE CONTENT
The Site and each of its elements (including all text, images, web pages, sound, video, designs, trademarks, logos and other material on or accessible via the Site) as well as any software required to be used in relation to the former, data bases and newsletters (the "Content"), may contain confidential information and
information that is protected by intellectual property rights or other legislations.
Unless otherwise expressly stated on the Site, the Company exclusively owns all intellectual property rights related to the Content and the Company does not grant any user with any license or other right other than a
right to view the Site.
The reproduction of the Content (in whole or in part) of the Site is authorized for the sole purpose of information for a personal and private use. Any reproduction or use or other exploitation of Content for any other purposes (whatever the manner or the kind) is expressly prohibited.
Users must not copy, modify, create derivative pieces of work, assemble, decompile, assign, sub-licence or transfer in any way any content of the Site or any material (including software) related to the Site.
3. PERSONAL DATA
The Company ensures the protection of personal information disclosed by users of the Site.
The Company invites users to consult the Privacy Notice & Cookies which indicates the provisions implemented to guarantee the treatment of personal data. Collection, processing, use, transmission, keeping and protection of users’ personal information are governed by the Privacy Notice & Cookies.
4. RESPONSIBILITY
The Company endeavors to ensure as far as possible, that the information provided on this Site is correct and up-to-date. However, the Company cannot guarantee the correctness, accuracy or exhaustiveness of the information provided on the Site.
The Company allows free access to the Site and declines all responsibility and may not be held liable in any case:
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for any interruption in provision of the Site or services accessible via the Site,
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for the occurrence of bugs, viruses and similar technical issues adversely affecting your ability to access this Site,
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for any inaccuracy, isolated and unforeseen error or omission relating to information or Content available on the Site,
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for any damage resulting from a fraudulent intrusion by a third party,
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and more generally, for any direct or indirect or consequential harm, loss or damage, whatever the cause, origin, nature or consequences, which may occur as a result of any type of access to the Site or any inability to access it or the credit given to any piece of information coming directly or indirectly from the latter.
5. GOVERNING LAW AND JURISDICTION ATTRIBUTION
These Terms & Conditions are governed by French law.
Unless imperative legal provision to the contrary, users and the Company hereby irrevocably submit to the exclusive jurisdiction of the competent courts of Reims(France) any claim or matter arising under or in connection with the Content or use of the Site, including in case of guarantee, plurality of defendants or summary proceedings.
PRODUCT TERMS
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AGE RESTRICTION
You must be at least 18 years of age to place orders via the Site. If you are underage, please do not attempt to place orders via the Site.
2. PLACING YOUR ORDER
To place an order via the Site, please follow the instructions on the Site. You will be given the opportunity to check the details of your order and to amend any errors before you confirm your order. Your order is an offer to us to purchase the products and any related services (such as personalisation or gift-wrapping) in your order form and all orders are subject to acceptance by us. When you place your order, we will send you an e-mail confirming receipt of your order and the details of your order. This email is an acknowledgement that we have received your order, and does not confirm acceptance of your order. We only accept your order, and the contract of sale for the products and any related services ordered by you ("Product Contract") is only concluded when we send you an e-mail confirming that we have dispatched the product(s) you have ordered to you ("Product Dispatch Confirmation"). We will take payment in full from you for your order when your products are dispatched save for nominated day deliveries, payment for rare and scarce products and pre-orders. Payment for nominated day deliveries and rare and scarce products may be taken in advance of the dispatch of your products. Payment for pre-orders will be taken at the time you place your order. The contract for the provision of nominated day deliveries, rare and scarce products and pre-orders will only be concluded
when we send you the Product Dispatch Confirmation.
We are under no obligation to accept any order placed with us.
If we are unable to supply you with a product that you have ordered, we will contact you and give you the opportunity to cancel or amend your order. If you cancel your order and we have taken payment from you, we will refund you the full amount you have paid including any delivery costs as soon as possible. If you choose to amend your order and we have taken payment from you, we will refund any monies due to you as a consequence of such amendment as soon as possible.
2.1. RARE & SCARCE PRODUCTS:
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We offer a number of rare or scarce products that may not be available to purchase through our Site. This will be made clear on the relevant pages for such products with the message "Item is not available online" or similar. Please contact us at contact@comete1811.comto discuss ordering such products.
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We may impose limits on the number of scarce and rare products that can be purchased. Any such limits will be highlighted on the product page. As a consequence, if repeated attempts to order such a product are made, we reserve the right to refuse to meet all or a portion of the orders placed, despite the orders being acknowledged. Should we refuse all or a portion of your order, we will notify you of the refusal and we will refund any monies taken from you within 3 working days. Please note that your bank may take longer to return the monies to you. In the event that we refuse a portion of your order, we will also ask you to confirm if you would like to proceed with the remaining portion of your order.
Where we are unable to dispatch all the products in your order at the same time, we will contact you and give you the opportunity to cancel all or part of your order or to amend your order.
3. AMENDMENTS TO PRODUCT ORDERS
Product orders can only be amended whilst the order status (accessible via email) is stated to be ‘Ordered’. Whilst the order status is ’Ordered’ amendments can be made at contact@comete1811.com. Once the order is ‘out for delivery, a product order cannot be amended and if you no longer want the products you have ordered you will need to cancel your order (as set out below).
Although we will do our best to accommodate amendments to orders, we cannot guarantee that we will be able to meet your requirements within the original delivery date. Any revised delivery date will be notified to you when we agree the amendments to your order.
4. PRODUCT DESCRIPTIONS
The images of the products on our Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the products. Your products may vary slightly from those images. The packaging of the products may vary from that shown on images on our Site.
5. PRODUCT PRICES
All prices shown on our Site are in euros (€) and are inclusive of VAT.
Our Site contains a large number of products, and it is possible that, despite our best efforts, some of the products listed on our Site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures. Where we discover that a product's correct price is less than the price stated on the Site, we will charge you the lower amount and will refund the difference to you. If a product's correct price is higher than the price stated on our Site, we will normally honour the stated price. However, where we feel that the pricing error was obvious, and could have reasonably been recognised by you as mis-pricing, we may, at our discretion, contact you and ask you whether you wish to purchase the product at the correct price, failing which we reserve the right to cancel your order.
Our prices do not include delivery charges. Where delivery charges apply, you will be advised of during the check-out process and before you submit your order.
Payment for products must be made by credit or debit card. For payments by credit or debit cards, we accept Amex, Mastercard or Visa. Payments are debited in Euros (€).
6. DELIVERY OF PRODUCTS
We will endeavour to fulfil your order deliverywithin (30) thirty days after your payment.
All product deliveries must be signed for by an adult over the age of 18 years. A valid and current identification document (such as passport or driving licence) will be required to be presented to our delivery provider on delivery. We are entitled to assume that anyone aged over 18 years at the delivery address who signs for the delivery has your authority to do so.
6.1. Product delivery options
We offer a standard delivery option for products other than for pre-orders:
You will be advised of the charges applicable to your choice of delivery during the check-out process and before you submit your order. Standard delivery (excluding Next Day and Saturday) is included on orders over the amount specified on the website otherwise stated in the product description or during the order process, e.g. as part of a promotion or special offer.
We normally deliver products between 8am and 6pm Monday to Friday, unless by prior arrangement.
If you have ordered a pre-order product, that product and any other products in your order will be delivered on the date the pre-order product becomes available as stated on the Site. If you require the other products you wish to order on an earlier date, please place a separate order for them.
6.2. Receiving sms, mail or phone call & product delivery slot
By providing us with your contact (email or phone number), you will be contacted by the carrier before the delivery.
6.3. Product delivery restrictions and exclusions
We only deliver products to addresses within EU and Swiss. For a delivery in another country, please contact us at :contact@comete1811.com.
We do not offer delivery on Saturday, Sunday or bank holidays, and we may have a reduced delivery schedule at various times of the year.
6.4. Missed product delivery?
If you are not in to receive the products, you should follow the links providing by the carrier (as the case may be) to re-arrange your delivery or contact us at contact@comete1811.com. If we do not hear from you within 7 days, we shall return the products to our warehouse and issue a refund within 30 days. We reserve the right to charge for re-delivery of orders that have not been completed due to incorrect address information being supplied by you or where you are not available to take receipt of the delivery.
7. RISK AND TITLE TO PRODUCTS
Ownership of the products will pass to you when we receive full payment of all sums due in respect of the products. The products will be at your risk from the time you (or any third party identified to us by you other than the carrier) take physical possession of the products.
8. USE OF THE PRODUCTS
You acknowledge that any products purchased from us are for your personal, domestic and private use only (which may include their use as gifts for third parties). The products may not be resold or otherwise used for commercial or business purposes.
9. YOUR RIGHT TO CANCEL A PRODUCT CONTRACT
You have the right to cancel a Product Contract within 14 days without giving any reason. This right, is explained in more detail in this section. This right to cancel does not apply in the case of personalised products ordered by you.
The cancellation period in respect of products ordered by you will expire after 14 days from the day on which you acquire, or a third party other than the carrier indicated to us by you acquires, physical possession of the products.
To exercise the right to cancel, you must inform us of your decision to cancel the relevant Product Contract by a clear statement (e.g. by letter sent by post or email at contact@comete1811.com or atGarnier Frères -2 rue de La Plante, 10340 Les Riceys, France). You can do this by contacting us. Please include details of your order to help us identify it. You may use the model cancellation form at the end of the Terms & Conditions .
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
10. EFFECTS OF CANCELLATION (CONSUMER ORDERS ONLY)
If you have cancelled a Product Contract and you have already received the products from us, you will need to contact us at contact@comete1811.com or atGarnier Frères - 2 rue de La Plante, 10340 Les Riceys, France. We will arrange for the products you wish to return to be collected from you on a date agreed between you and our Customer Care Advisors. Unless we agree otherwise, the collection date must be within 14 days from the day on which you notify us of the cancellation of the Product Contract. Please ensure that you pack the products so that they reach us in a good condition bearing in mind that many of our products are fragile.
If you cancel a Product Contract in full, we will reimburse to you all payments received from you, including the costs of delivery.
For partial cancellation of a Product Contract, we will reimburse to you the payments received for the returned products. Reimbursement of the costs of delivery will be at our sole discretion.
The returned products will go through our quality control inspection process and we may make a deduction from your reimbursement for any loss or reduction in value of any products supplied to you if the loss or reduction is the result of unnecessary handling of the products by you (for example, if you have handled the products in a way which would not be permitted in a shop). You are only liable for any diminished value of products resulting from the handling beyond what is reasonably necessary to establish the nature, characteristics and functioning of the products.
We will make any reimbursement due to you (less any deductions) without undue delay and in any event not later than 14 days.
We will make any reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. If you have paid by credit/debit card, the same card will be refunded. It is not possible to refund to a different card. You will not incur any fees as a result of the reimbursement.
11. TRANSFER OF RIGHTS AND OBLIGATIONS
Any Product Contract or Experience Contract between you and us is binding on you and us and on our respective successors and assigns. We may transfer, assign, charge, sub-contract or otherwise dispose of your contract or any of our rights or obligations arising under it, at any time during the term of the order, provided your legal rights and your consumer rights are not prejudiced. This will not affect your rights or obligations under these Terms and Conditions.
You may not transfer, assign, charge, sub-contract or otherwise dispose of the order, or any of your rights or obligations arising under it, unless we agree in writing.
12. RESOLVING DISPUTES
We want to address any concerns you may have without needing a formal legal case. Before filing a claim against us, if you have a dispute with us relating to our contract with you, you may contact us at Garnier Frères - 2 rue de La Plante, 10340 Les Riceys, Franceand attempt to resolve the dispute with us informally.
If a dispute cannot be resolved informally, we will discuss with you the most effective way of resolving the dispute using mediation or arbitration, based on the nature of the dispute.
You or we will also always have the option of resolving the dispute using court action (please see the Law and Jurisdiction section below for more detail).
13. SEVERABILITY & WAIVER
Each of the provision of these Terms and Conditions operates separately. If any provision or part-provision of these Terms and Conditions is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such provision or part-provision will to that extent be severed from the remaining provisions which will continue to be valid to the fullest extent permitted by law.
No waiver by us of any breach of these Terms shall constitute a waiver of any other breach. No failure by us to exercise any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy.
14. ENTIRE AGREEMENT
These Terms and Conditions and any Product Contract or Experience Contract concluded between us are not intended to give rights to anyone except you and us and no other person shall have any rights to enforce any of these Terms and Conditions.
These Terms and Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Product Contract or Experience Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a Product Contract or Experience Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Terms and Conditions or any document expressly referred to in them. We intend to rely upon these Terms and Conditions and any document expressly referred to in them in relation to the subject matter of any Product Contract or Experience Contract.
15. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
We have the right to revise and amend these Terms and Conditions from time to time for any reason, including: (a) how our business operates; (b) changes in legal or regulatory requirements that we must comply with; or (c) changes in how we accept payment from you.
You will be subject to the Terms and Conditions in force at the time that you order products (as applicable), unless any change to these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders and/or previously placed by you).
16. OTHER SERVICES AND SPECIAL OFFERS
From time to time we may offer other services, special offers, discounts and promotions together with services not specifically referred to in these Terms and Conditions. Such matters shall be subject, in addition to these Terms and Conditions, to specific terms and conditions relating to such matters. By taking the service or special offers, discounts or promotions you agree to be bound by and comply with such additional terms and conditions.
17. LAW AND JURISDICTION
Subject to the paragraph below, these Terms and Conditions and any Product Contracts and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by French law.
Any dispute or claim arising out of or in connection with these Terms and Conditionsor the formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the competent courts of Reims (France)
CONTACT
Email us at contact@comete1811.com
We welcome your feedback and comments about the Site and enquiries about the products or Experiences available through the Site.
If you have any questions about our products which you have purchased from a third-party supplier, please contact the relevant third-party supplier as we will be unable to deal with your enquiry. withdrawal form Template
For the attention of : Comète 1811 – Service clients – 2 rue de La Plante, 10340 Les Riceys ( France)
I hereby notify you of my withdrawal from the contract in relating to thethe property salebelow:
Delivery received the :
Product and etcorresponding product reference:
Client name:
Client adress:
Client phone number: