General Terms and Conditions

These general terms and conditions of sale (hereinafter referred to as «GTCS») apply to any order registered between the société civile d’exploitation viticole Champagne Christophe Patis, registered to the Reims Trade and Companies Register under number 499 446 052, located at 16 rue de l’Eglise, 51480 La Neuville-Aux-Larris, whose managers are Mrs. Virginie Patis and Mr. Valentin Patis (hereinafter «Champagne Patis»), and its international customers.
Champagne Patis is a blend between old and new. On the one hand, it is made up of the Maison Patis Paille, the result of a long family history and spanning five generations, it is characterized by its High Environmental Value label, which testifies to a real desire of Champagne Patis to preserve the soil and biodiversity. On the other hand, Patis Pluriel embodies the renewal carried by the new generation, by offering a sulfite-free, brut nature and unfiltered cuvée, in order to preserve its authenticity and uniqueness.

Article 1: Definitions

«Consumer Customer»: The «Consumer Customer» means any legal or natural person not acting for business purposes.
«Professional Customer»: The «Professional Customer» means any legal or natural person acting for business purposes.
«Customer»: The «Customer» refers to both the Consumer Customer and the Professional Customer when their respective obligations do not differ.
«Contract»: The «contract» refers to these GTCS, the quote and any special conditions negotiated between the Parties.
«Party(ies)»: The «party(ies)» refers collectively or individually to the Customer and/or Champagne Patis.
«Product(s)»: The «Products» refer to the different ranges of champagnes (Patis Paille and Patis Pluriel) offered for sale by Champagne Patis.
All of these definitions are capitalized in these GTCS.

Article 2: Purpose

The purpose of these GTCS is to provide a framework for all the conditions related to the sale of Products by Champagne Patis.
They take precedence over any other document, with the exception of the special conditions negotiated between the Parties.
Their applicable version is the one in force on the day of signature of the Contract between Champagne Patis and the Customer. The signature of the Contract by the Customer entails the unreserved acceptance of these GTCS.

Article 3: Formation of the Contract

The Contract is formed by the materialization of the acceptance and signature by the Customer. No non-negotiated terms and conditions of the Customer that have not been previously and expressly accepted by Champagne Patis may be applicable to the relationship between the Parties.

Article 4: Execution of the Contract

4.1 Order taking
The order is deemed to have been registered by Champagne Patis as soon as the Customer sends it a signed quote, following an initial contact by e-mail.
The order can be validly sent to Champagne Patis electronically.
When the order has been accepted by Champagne Patis, it constitutes a firm and definitive commitment on its part.

4.2 Modification of the order
The order may not be subject to any modification by the Customer.

4.3 Cancelation of the order
The order may not be subject to any cancellation by the Customer.

Article 5: Right of withdrawal

In the event of a sale concluded at a distance or off-premises, the Consumer Customer has a period of 14 days from the day of receipt of the Products to withdraw.
Any Professional Customer who has entered into a distance or off-premises contract, the purpose of which is not part of his or her main activity, and who employs fewer than 5 employees, may benefit from the right of withdrawal within the same period as the Consumer Customer.
The Customer may use the withdrawal form in Annex I of these GTCS. Champagne Patis will then reimburse the Customer for all payments received, upon receipt of the Products in return. Champagne Patis will proceed with the refund using the same means of payment as the one used by the Customer for the initial transaction, unless a different method is agreed. In any event, this refund will not incur any costs for the Customer. If at the time of withdrawal the Client has received the Products, he/she must return them to the address of the business without undue delay, no later than 14 days after his/her notification of withdrawal. This period is deemed to have been met if the Product is returned before the expiry of the 14-day period. The direct costs of returning the Product are the responsibility of the Customer. The Customer 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.

Article 6: Pricing conditions

6.1 Pricing
Prices are displayed excluding tax in the quote. Their currency is the euro.

6.2 Payment terms
Except in the case of special conditions negotiated between the Parties, Champagne Patis does not authorize the payment of a deposit following the order of the Products.
Payment is made by bank transfer or card to Champagne Patis, within 30 days of receipt of the invoice, in cash, net and without discount, unless otherwise stipulated in the quote.

6.3 Late payment
In the event of total or partial late payment, the Professional Customer must pay Champagne Patis a late payment penalty equal to five times the legal interest rate. The legal interest rate is the one in force on the day the quote is signed. This penalty is calculated on the amount excluding tax of the remaining amount due, and runs from the due date of the invoice without any prior formal notice being necessary. In addition to the penalties for late payment, any amount not paid by its due date will automatically result in the payment of a lump sum compensation of 40 euros due in respect of recovery costs pursuant to Articles L.441-10 and D.441-5 of the French Commercial Code.

Article 7: Terms of delivery

7.1 Incoterms
Unless otherwise stipulated, the transfer of risk and liability in respect of the Products sold is made under Incoterm EXW – [16 rue de l’Eglise, 51480 La] (according to ICC Incoterms® 2020).

7.2 Delivery times
The Products are delivered within 60 calendar days following full payment of the order by the Customer within the time limits indicated in Article 6.2 of these GTCS.
Delivery times are only shown in the order as a guide. Any delay in the delivery of the Products cannot be a reason for cancellation of the order by the Customer.

Article 8: Retention of title

The transfer of ownership only takes place after the sums due have been paid in full.
The Product remains the sole property of Champagne Patis as long as the Customer has not paid the invoice in full within the time limits indicated in Article 6.2 of these GTCS.

Article 9: Warranties

9.1 Legal warranty of conformity
In accordance with Articles L. 217-3 to L. 217-20 of the French Consumer Code, Champagne Patis must be liable for any lack of conformity relating to the Products within 2 years of their delivery to the Consumer Customer. In this sense, the Product is considered to be compliant as long as it meets the intended use and the description made of it by Champagne Patis. The Consumer Customer has a period of 24 months to request the repair or replacement of the Products or, failing that, the refund or cancellation of the Contract, without any proof of the lack of conformity being claimed by Champagne Patis. Champagne Patis undertakes to bring the Products into conformity within a reasonable period of time from the notification of the defect and the delivery of the Products to Champagne Patis by the Consumer Customer. However, Champagne Patis will not bring the Products into compliance when the Consumer Customer was aware or could not have been unaware of the defect at the time of purchase or if the defect is its own responsibility.

9.2 Warranties against latent defects
Champagne Patis is liable for latent defects concerning the Product under articles 1641 to 1649 of the French Civil Code. Champagne Patis guarantees the Customer that the Product is fit for its intended use. Failing this, the Customer may, within a period of 2 years from the discovery of the defect, implement the warranty by providing proof that the defect preceded the sale of the Product, that it was not apparent on the day of sale, and that it made the Product unfit for the use legitimately expected by the Customer. Consequently, the Customer will have the choice between requesting the return of the price following the return of the Products to Champagne Patis, or requesting the reimbursement of part of the price by choosing to keep the Products.

Article 10: Confidentiality

In the absence of express written authorization from one of the Parties, Champagne Patis and the Customer undertake to keep confidential all information and documents, written or oral, or any medium (organizational, financial, scientific, etc.) that has been transmitted to both Parties in the context of the performance of the Contract. This obligation applies regardless of their nature, up to 10 years after the end of the Contract.

Article 11: Protection of personal data

In accordance with the European Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, Champagne Patis collects personal data. The data collected is as follows: first name, last name, e-mail address, postal address, phone number. The legal basis for the collection of this data is the performance of the Contract. The data collected is kept for a period of 10 years. They are stored and hosted on the servers of the Ter’Viti software. At the end of this period, Champagne Patis will archive the data collected.

Article 12: Intellectual Property

Champagne Patis remains the owner of its trademark and all intellectual property rights attached to the Products sold. The Customer may not under any circumstances appropriate and exploit in its name the intellectual property rights relating to the Products.

Article 13: Force majeure

Champagne Patis cannot be held liable for any delay in the performance of its contractual obligations due to a case of force majeure. Force majeure is defined as any external, unforeseeable and irresistible event, in accordance with Article 1218 of the French Civil Code and the cases accepted by case law.

Article 14: Unforeseeability

Champagne Patis retains the right to request a renegotiation of the Contract, if an unforeseeable change in circumstances makes the performance excessively onerous for it, within the meaning of Article 1195 of the French Civil Code.

Article 15: Obligations of the Customer

The Customer undertakes to check that his request is in line with the offer proposed by Champagne Patis. The Customer undertakes to honor its payment obligation and to respect the above-mentioned deadlines. In addition, the Customer is required to comply with all privacy and intellectual property rules set forth in these GTCS.

Article 16: Termination of the Contract

The Contract between Champagne Patis and the Customer comes to an end when the mutual obligations of each have been fully performed.
Any non-performance of the Contract by the Customer entitles Champagne Patis to implement the sanctions provided for in Articles 1217 et seq. of the French Civil Code.
Champagne Patis will not incur any additional costs in the event of termination of the Contract for which the cause identified is not within its full responsibility.

Article 17: Applicable law

The Contract between Champagne Patis and the Customer, from its formation to its execution, is subject to French law.
Unless otherwise stipulated, any dispute arising between Champagne Patis and the Customer shall be subject to French law.

Article 18: Mediation

Any Consumer Customer has the right to have recourse free of charge to a consumer mediator with a view to the amicable resolution of the dispute between him and Champagne Patis. To this end, Champagne Patis guarantees the Consumer Customer the effective use of a consumer mediation system.
The contact details of the mediator are as follows: Davis-Alexandre Descotes, 2 Rue Pasteur, 51370 Saint-Brice-Courcelles.
The Consumer Customer is informed of the existence of the online dispute resolution platform set up by the European Commission available at the following internet address: ec.europa.eu/consumers/odr.

Article 19: Amicable methods of dispute resolution

The Customer is requested to contact Champagne Patis directly for any remarks or disputes concerning his order and/or the performance of the services, and/or after the end of the Contract. If no solution has been found between the Parties, the latter will try to resolve their conflict amicably through mediation or judicial conciliation.

Article 20: Jurisdiction

Any dispute between Champagne Patis and the Professional Customer will give rise to jurisdiction over the Commercial Court of Reims, which the Parties expressly acknowledge.
In the absence of an amicable resolution, the Consumer Customer domiciled in the EU may bring the dispute before the judicial court of the domicile of Champagne Patis or before the courts of the place where the Consumer Customer is domiciled; the Consumer Customer domiciled outside the EU must bring the dispute before the judicial court of the domicile of Champagne Patis.

Logo Champagne Patis-Paille

Champagne Patis Paille
16 rue de l’Eglise
51480 - La Neuville-aux-Larris
06 76 45 72 62

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