Terms and Conditions
In these General Terms and Conditions the following terms shall have the following meanings:
- Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a remote contract with the entrepreneur;
- Remote contract: an agreement whereby in the context of a system organised by L' Atelier du Champagne B.V. for the remote sale of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more means of remote communication;
- Technique for remote communication: means that can be used for the conclusion of an agreement, without the consumer and L' Atelier du Champagne B.V. meeting simultaneously in the same room;
- Withdrawal period: the period within which the consumer may exercise their right of withdrawal;
- Right of withdrawal: the possibility for the consumer to withdraw from the remote contract within the cooling-off period;
- Day: calendar day.
2.1 These General Terms and Conditions apply to the entire range provided by L' Atelier du Champagne B.V. in its online store (latelierduchampagne.nl) and to all remote agreements entered into by both the consumer and L' Atelier du Champagne B.V. By placing an order in the online store, the consumer accepts the General Terms and Conditions.
2.2 In addition to these General Terms and Conditions, additional terms and conditions may apply to certain products when expressly stated.
- CONCLUSION OF THE AGREEMENT
3.1 The agreement is concluded when the consumer has accepted the offer of L' Atelier du Champagne B.V. electronically.
3.2 If the consumer has accepted the offer electronically, L' Atelier du Champagne B.V. immediately confirms the receipt of the electronic acceptance of the offer. As long as the receipt of this acceptance is not confirmed, the consumer may dissolve the agreement.
3.3 L' Atelier du Champagne B.V. has appropriate technical and organisational measures in place for protecting the electronic transmission of data and provides a secure web environment. If the consumer pays electronically, L' Atelier du Champagne B.V. will take appropriate security measures.
3.4 L 'Atelier du Champagne B.V. can - within the legal framework – confirm whether consumers can meet their payment obligations, as well as all investigate those facts and factors that are important for a responsible conclusion of the remote contract. If L' Atelier du Champagne B.V. on the basis of this investigation has reasonable grounds for not concluding the agreement, it is entitled to refuse an order or request, stating the reasons for doing so.
3.5 L' Atelier du Champagne B.V. is free to refuse an order or request or to impose special conditions. This choice lies entirely with L' Atelier du Champagne B.V. without the obligation to provide any reason for that decision. If L' Atelier du Champagne B.V. refuses an order or request, L' Atelier du Champagne B.V. will immediately inform the consumer.
- THE OFFER
4.1 If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
4.2 The offer must contain a complete and accurate description of the products and/or services offered. The description must be sufficiently detailed to enable the consumer to make a proper assessment of the offer. If L' Atelier du Champagne B.V. makes use of images, they will be a faithful representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding for L' Atelier du Champagne B.V.
4.3 The website contains information that makes clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular: - The price including taxes; - Shipping costs, if any; - The manner in which the agreement will be concluded and which actions are necessary for this. - Whether or not the right of withdrawal applies; - The method of payment, delivery or execution of the agreement; - The acceptance period for the offer, or the period for maintaining the price.
4.4. L' Atelier du Champagne B.V. works hard to ensure that the product colours on the latelierduchampagne.nl website are as accurate as possible. However, we cannot guarantee that the colours on your monitor are correctly displayed because of monitor settings.
- THE PRICE/SHIPPING COSTS
5.1 The prices in place at the time of ordering a product are applicable. All prices are initially expressed in Euros, in accordance with the relevant legal regulations, and include sales tax (21%).
5.2 Special offers are only valid for the period of validity as stated in that offer. This information will be displayed on the website related to that special offer.
5.3 The prices listed in the online store do not include shipping costs.
6.1 Orders placed in the online store can be paid in the following ways:
- American Express;
L' Atelier du Champagne B.V. has the option to expand the payment methods. Other payment methods will always be announced on the website.
6.2 In the event that with a payment term has been agreed L' Atelier du Champagne B.V., the consumer is automatically in default once this payment term expires. Payment terms can only be agreed in writing under to-be-agreed-upon conditions.
6.3 The consumer is responsible for all (extra) judicial costs of any nature whatsoever, including collection costs, which L' Atelier du Champagne B.V. incurs as a result of non-compliance by the consumer with their (payment) obligations.
6.4 In case of late payment, L' Atelier du Champagne B.V. is authorised to dissolve the agreement with immediate effect or to suspend (further) delivery until the consumer has fulfilled their payment obligations in full, including payment of the costs referred to in Article 6.3.
7.1 L' Atelier du Champagne B.V. will sends, itself or via a third party, the accepted orders as soon as possible in order of receipt. If a product is in stock, the product will be shipped within 5 days after ordering.
7.2 If a shipment cannot be made or cannot be made within the average period, for example if the products are out of stock, the consumer will be informed as soon as possible.
7.3 L' Atelier du Champagne B.V. is not liable for any damage whatsoever as a result of exceeding the listed delivery times.
- RETURNS AND RIGHT OF WITHDRAWAL
8.1 The consumer is obliged to carefully inspect the products (or have them inspected) immediately upon receipt.
8.2 Of course we want you to be satisfied and strive to meet this aim by providing extensive product information on this website. Consumers have 14 calendar days after receipt of the order to return their purchase. If you are not satisfied with your order, you can return it to us. When returning your complete order, you will receive the fully paid amount credited back to the account you used to pay, including shipping costs. The costs of sending your order back to us must be borne by the buyer. To return a product, we will send you a return label pre-printed with the special return address and your personal return number. Please contact us via email: [email protected] Personalised products are excluded from the right of return, for example products that are engraved or printed. Of course the items must be in undamaged condition and unopened. Because specific storage conditions are necessary to keep vintage champagnes in good condition, these drinks cannot be returned. We will not accept returns with no or insufficient postage. If you return an article outside the set conditions then the payment obligation does not lapse.
8.3 We do not offer exchanges.
- RETENTION OF TITLE
9.1 The articles remain the property of L' Atelier du Champagne B.V. until the full invoice amount has been paid by the consumer.
9.2 The consumer may not tax, sell, resell, dispose of, or otherwise encumber the products prior to the transfer of ownership.
- WARRANTY AND LIABILITY
10.1 L' Atelier du Champagne B.V. guarantees that the products and/or services meet the contract, the specifications listed in the offer, the reasonable requirements of reliability and/or usability and existing legal provisions and/or government regulations in place on the date of the conclusion of the agreement.
10.2 L' Atelier du Champagne B.V. is never obliged to pay any direct or indirect damages to the consumer or others, unless there is intent or gross negligence on the part of L' Atelier du Champagne B.V.
10.3 If L' Atelier du Champagne B.V., for whatever reason, is obliged to compensate for damages, the compensation will never exceed an amount equal to the invoice value with respect to the product through which the damage is caused.
10.4 Despite the care and attention that L' Atelier du Champagne B.V. devotes to the content of the website, it is possible that information published on the website may be incomplete and/or incorrect.
10.5 The information on the website is regularly updated and/or adjusted. L' Atelier du Champagne B.V. reserves the right to make any changes with immediate effect and without notice.
10.6 The consumer is obliged to indemnify L' Atelier du Champagne B.V. from any claim that may be brought against L' Atelier du Champagne B.V. by third parties with respect to the implementation of the agreement, insofar as the law does not prevent the relevant damages and costs from being borne by the consumer.
10.7 L' Atelier du Champagne B.V. may include links on its website to other websites that the visitor may find interesting or informative. Such links are purely informative. L' Atelier du Champagne B.V. is not responsible for the content of the website referred to or the use that can be made of said site.
- FORCE MAJEURE
11.1 In case of force majeure, L' Atelier du Champagne B.V. is not obliged to fulfil its obligations to the consumer, or respectively, the obligation is suspended for the duration of the force majeure.
11.2 Force majeure shall be understood to mean any circumstance beyond its control, as a result of which the fulfilment of its obligations towards the consumer is wholly or partially prevented. Such circumstances include strikes, fire, business interruptions, energy failures, non-delivery or late delivery of suppliers or other third parties engaged and the absence of any governmental permit. Force majeure also includes (telecommunication) network or connection failures or outages in the communication systems being used and/or the unavailability of the website at any time.
- INTELLECTUAL PROPERTY
12.1 The consumer expressly acknowledges that all intellectual property rights of displayed information, signs, notices or other expressions relating to the products and/or on the website are owned by L' Atelier du Champagne B.V., its affiliated companies, its suppliers or other claimants. Intellectual property rights include patent, copyright, trademark, design and model rights and/or other (intellectual property) rights.
12.2 The consumer agrees not to make any infringing use of the intellectual property rights as described in this article.
13.1 By placing an order, the consumer simultaneously gives permission to L' Atelier du Champagne B.V. to use the consumer's personal data, if necessary. L' Atelier du Champagne B.V. uses consumer information only to the extent necessary for the provision of the service. The personal information provided by the consumer will not be provided to a third party for commercial purposes without the consent of the consumer.
13.2 The consumer's information will only be stored to the extent necessary to realise the purposes for which the personal information was obtained and processed by L' Atelier du Champagne B.V. In addition to the execution of the agreement, this is also understood to include marketing activities and maintaining the customer relationship with the consumer.
- AGE GREENS
14.1 L' Atelier du Champagne B.V. does not accept orders from persons under 18 years of age.
- APPLICABLE LAW
15.1 All offers and agreements provided and entered into by L' Atelier du Champagne B.V. are exclusively governed by Dutch law.
16.1 For questions and/or complaints, the consumer can fill in the contact form or send an email to [email protected] Complaints will usually be handled within 24 hours. If this is not possible for any reason, the customer will be informed of the delay.
16.2 The consumer has the opportunity to submit the dispute to an independent arbitration board. This may be the Thuiswinkel Disputes Committee or another equivalent dispute committee, which does not affect the consumer's right to submit the dispute to a competent court.
- COMPANY INFORMATION
L' Atelier du Champagne B.V. is located at Nes 39, 1012KC Amsterdam.
Registered with the Amsterdam Chamber of Commerce under number 65855647
Bank: NL68 ABNA 0574 1084 83