Terms & Conditions
TERMS & CONDITIONS OF USE
The website www.chandon.com (the “Site”) is operated by Domaine Chandon, Inc. (the “Company” or “we”). Any use of this Site by any person (“you” or the “user”) is governed by these of Terms and Conditions ("Terms and Conditions”). The purpose of these Terms and Conditions is to define the conditions of access, navigation and use of the Site.
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 country of residence and provided that the consumption and/or purchase of alcoholic beverages is legal.
1. Orders for Products and Services. The products we make available on this Site are for your personal, non-commercial use only. Alcohol products can only be sold to residents in certain states and you will be notified of this prior to completing your order. Unless otherwise indicated, all prices on the Site are in U.S. Dollars. You agree to pay in full the prices for any purchases you make either by credit or debit card concurrent with your online order or by other payment means acceptable to the Company. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products that you purchase on this Site may be subject to additional terms and conditions presented to you at the time of such purchase. We reserve the right to cancel or reduce the quantity of your order, without notice and at our discretion, and you will only be charged for quantities actually shipped.
Any orders placed via the Site are not considered accepted until we have shipped the order. We cannot confirm the price of an item until an order has been processed. We reserve the right to correct any errors or inaccuracies on the Site, to change or update information or to cancel orders if any such information is inaccurate. If we cancel any orders after your credit card has been charged, we will issue a credit to your account in the amount charged.
2. Access to the Site. Necessary hardware and software to access Internet and this Site are the 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.
3. Links. The Site may include links to other web sites or other internet sources. As the Company cannot control these web sites and external sources, the Company cannot be held responsible for the provision or display of these web sites and external sources, and may not be held liable for the content, advertising, products, services, code or any other material available on or from these web sites or external sources. Links to these websites do not constitute an endorsement or sponsorship by the Company of such websites. Furthermore, the Company is not 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 web sites or external sources.
4. User responsible behavior.
Each user warrants:
- to be of minimum age legally required to consume and/or purchase alcohol (whichever is higher) in accordance with the regulations of user’s country of residence,
- to use the Site for user’s personal and lawful use only, excluding therefore any other commercial use including resale without the prior written consent of the Company,
- to provide, when relevant, personal information which is true, up-to-date and accurate.
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 not engage in any of the following:
- 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,
- disrupting, damaging, altering, reverse engineering, decrypting, disabling, impairing or interrupting the Site, its servers or networks connected to the Site, including without limitation, sending mass unsolicited messages or “flooding” servers with requests, or infringing the related requirements, procedures or rules,
- 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,
- consulting privileged or non-public information or accessing a server or account for which the user is not expressly granted access to,
- trying to assess or test the Site vulnerability, breaching security or authentication measures of the Site, including obtaining or attempting to obtain unauthorized access to computer systems, materials, information or any services made available on or through the Site through any means, without the prior written consent of the Company,
- 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,
- uploading, displaying, posting, sending by e-mail or by any other mean any unsolicited or non-authorized commercial or promotional content, junk mails, spasm, chains or any other solicitation,
- 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,
- engaging in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of accessing, logging-in or registering on the Site or for any services or features offered on or through the Site, or obtaining lists of users or obtaining or accessing other information or features on, from or through the Site or the services offered on or through the Site, including, without limitation, any information residing on any server or database connected to the Site or any services offered on or through the Site, or
- 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 country of residence.
Each user must comply with any and all applicable regulations, laws and rules related to user’s behavior on the Internet, using the Site or the Site’s services 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 and Conditions, without prejudice to claim damages to such defaulting user.
5. 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/or information that is protected by intellectual property rights or other laws, rules and regulations. 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-license or transfer in any way any content of the Site or any material (including software) related to the Site.
7. No Responsibility for Product Descriptions, Colors, etc. The Company endeavors to ensure, that the information provided on this Site is correct and up-to-date. However, the Company can not guarantee the correctness, accuracy or exhaustiveness of the product descriptions, images, pricing, availability or other 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:
- for any interruption in provision of the Site or services accessible via the Site,
- for the occurrence of bugs, viruses and similar technical issues adversely affecting your ability to access this Site,
- for any inaccuracy, isolated and unforeseen error or omission relating to information or Content available on the Site, or
- for any damage resulting from a fraudulent intrusion by a third party.
8. User Comments, Feedback, And Other Submissions. Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information, suggestions, feedback, ideas or other material from you through the Site (“Submitted Materials”). By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any "moral rights" in Submitted Materials have been waived, and (ii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, sell and export such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed. We cannot be responsible for maintaining any Submitted Materials that you provide to us, and we may delete or destroy any such Submitted Materials at any time. Any Submitted Materials which were not specifically requested by us will be deemed not to be confidential or secret, and may be used by us in any manner consistent with these Terms and Conditions and the Site’s Privacy Notice.
9. Indemnification. You agree to defend, indemnify and hold the Company, its affiliates, and its and their directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Site, your placement or transmission of any message, content, information, software or other materials through the Site, or your breach or violation of the law or of these Terms and Conditions. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with the Company’s defense of such claim.
10. DISCLAIMER OF WARRANTIES. THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED "AS IS," "AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USER’S REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THE COMPANY ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, COMPANY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SITE, AND HEREBY DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH THE COMPANY OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE SITE ARE PROVIDED BY THE COMPANY “AS IS” PROVIDED THAT THE FOREGOING DISCLAIMER DOES NOT APPLY TO THE EXTENT, IF AT ALL, OF ANY PRODUCT WARRANTY OFFERED BY US OR THE APPLICABLE MANUFACTURER OF A PRODUCT AS CONTAINED IN THE PACKAGE DELIVERED TO YOU, AS SPECIFICALLY DESCRIBED ON THE SITE OR AS OTHERWISE SPECIFICALLY SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND THE COMPANY OR ITS LICENSOR OR SUPPLIER.
11. LIMITATION OF LIABILITY. IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL THE COMPANY, ANY OF ITS AFFILIATED COMPANIES, OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, THE PRODUCTS OR SERVICES AVAILABLE ON THE SITE, YOUR PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS AND CONDITIONS OR YOUR USE OF THE SITE OR ANY PRODUCT ORDERED VIA THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO THE COMPANY FOR YOUR USE OF THE SITE OR PURCHASE OF PRODUCTS VIA THE SITE.
12. Applicable Laws. This Agreement is governed by the laws of the United States and the State of New York, without regard to its conflict of law provisions. You agree that any cause of action that may arise under this Agreement will be brought in the appropriate court in New York County and you agree to submit to the personal and exclusive jurisdiction of the courts located in New York County.
13. Waiver, Severability. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.
Effective date: December 2013
|< Prev||Next >|