GENERAL TERMS AND CONDITIONS OF USE OF THE WEBSITE AND 1829 APP
Protection of minors – alcohol consumption
In accordance with the provisions of Article L3342-1 of the French Public Health Code, which states that the sale of alcohol to minors is prohibited, and in accordance with the provisions of Article L3323-2 of the French Public Health Code, which governs the publicity of alcoholic beverages, you agree to only access the Website and/or 1829 App if you are an adult aged 18 years or over. The User is responsible for any false declarations. You further agree to take all necessary steps to prevent minors who may be using your computer equipment from accessing the Website and/or 1829 App and the information that it contains about the products offered by Champagne Bollinger.
Abuse of alcohol is dangerous for your health.
Consume in moderation.
Consumption of alcohol during pregnancy, even in small quantities, can have serious consequences for a child’s health.
Legal notices
2.1. Publisher
The 1829 App and Website are published by Champagne Bollinger – a public limited company registered with the Trade and Companies Register of Reims under the number 334 594 777, with headquarters located at 16 Rue Jules Lobet, BP 4, 51160 Aÿ, FRANCE.
Tel: +33 (0) 3 26 53 33 66
Fax: +33 (0) 3 26 54 85 59
VAT no.: FR 19 334 594 777
Share Capital: €4,480,000
Company Registration No. 334 594 777 000 16
Email: contact@champagne-bollinger.fr
According to the AGEC law, as a member of the Champagne Committee with the SIRET number 780 385 829 000 12, the unique identifier issued by ADEME that SA BOLLINGER is linked to is FR246127_01QEKR.
2.2. Publishing Director
2.3.Publishing Director of the Website and App: Charles-Armand de Belenet
2.4. Host
Website Host: Société VTS, registered with the Trade and Companies Register of Toulouse under the number 822 986 832, with headquarters located at 59 Allées Jean Jaurès, 31 000 Toulouse.
Contact Information:
Email: contact@vts.team
App Host: AWS, Provider: : GoBeyond Partners SAS registered with the Trade and Companies Register of Paris under the number 499 528 79, with headquarters located at 3 rue d'Héliopolis 75017 PARIS represented by Anne-Sophie GOUDRIAAN
Contact Information:
Email: Capucine CONSTANT, cconstant@mystudiofactory.com
Tel. 01 44 40 33 40
Definitions
In these General Terms and Conditions of Use, the below terms mean the following:
1829 App: refers to the 1829 App, which is free to download using a smartphone and/or tablet from the App Store (Apple) and Android app platforms.
TOU: refers to these General Terms and Conditions of Use, which are applicable to the Website and 1829 App.
1829 Account: refers to a User's personal account, which includes all the User's data integrated within the 1829 App.
Data: refers to any personal or banking information or documents that the User registers in their 1829 Account.
Login details: refers to both the login and password information that grants the User access to their 1829 Account.
1829 Member: refers to a User with an 1829 Account.
User: refers to a physical person with access to and/or use of the Website and/or 1829 App.
Website: refers to the website accessible at www.champagne-bollinger.com.
Application of the General Terms and Conditions of Use
These General Terms and Conditions of Use ("TOU") govern the use of the 1829 App and Website by the User.
The 1829 App is free to download via the App Store (Apple) and Android app platforms.
When a User downloads and uses the 1829 App and/or accesses the Website, this implies full and complete adherence to and acceptance of these TOU, which is expressly recognised by the User, who renounces, in particular, the right to avail themselves of any contradictory document, which cannot be enforced against Champagne Bollinger.
The User is required to read these TOU before using the 1829 App or Website and to keep a copy, if necessary.
The decision to sign up to the App, or to use the Website, is the sole responsibility of the User.
Champagne Bollinger reserves the right to amend these TOU at any time.
Champagne Bollinger will inform Users of such amendments by email or other forms of communication, giving them sufficient time to review the amendments before they take effect.
If the User does not agree with the amendments, it is their responsibility to no longer access the Website and/or 1829 App and, if necessary, to close their 1829 Account within 1 (one) month of the amendment of the TOU. Otherwise, use of the Website or 1829 App after the publication of these amendments means that the User accepts the updated TOU.
Common provisions
When using and accessing the Website and 1829 App, you agree to refrain from:
Using the Website and/or 1829 App unlawfully, for any unlawful purpose or in any manner that is inconsistent with these Terms of Use
Using the Website and/or 1829 App for the distribution, hosting, processing, propagation, storage or management of abusive, defamatory, harassing, libellous, obscene, pornographic or threatening materials, or any false or misleading documents which infringe the privacy of others or, more generally, are likely to infringe on the rights of third parties
Selling, copying, reproducing, renting, lending, distributing, transferring, or sublicensing all or part of the content that appears on the Website and/or 1829 App, or allowing any third party to use or have access to the Website and/or 1829 App for any purpose whatsoever. You further agree not to decompile, disassemble, modify, distribute, duplicate, attempt to discover any source code or use any software that enables or constitutes any part of the Website and/or the 1829 App
Impersonating any person or entity, or from falsely stating or misrepresenting your affiliation with any person or entity
Collecting the personal data of other users of the Website and/or the 1829 App for any purpose whatsoever
Attempting to gain unauthorised access to areas and features of the Website and/or the 1829 App that are not accessible by default, or engaging in any disruptive activity that diminishes the quality of, interferes with the performance of, or reduces the functionalities of the Website and/or the 1829 App
Using the Website and/or the 1829 App for abusive purposes by deliberately introducing viruses or any other malware, or attempting to gain unauthorised access to the Website and/or the 1829 App.
If Champagne Bollinger believes that you are not complying with these Terms of Use, it reserves the right to remove your access to the Website and the 1829 App at any time.
Website sections and content
The Website includes various sections dedicated to presenting Maison Bollinger, its history, its wines, its ways of working, its values, its social and environmental commitments, as well as sharing news and events that Maison Bollinger has organised or participated in.
These sections are subject to change, they may be added to, modified, or deleted at any time depending on Maison Bollinger's editorial decisions. These changes are made at Maison Bollinger's discretion, without prior warning to internet users. If you seek information that is no longer available on the Website, please contact us at the following address: CHAMPAGNE BOLLINGER – Service Clients – 20 Boulevard du Maréchal de Lattre de Tassigny – 51160 Aÿ – France; or get in touch via email: contact@champagne-bollinger.fr
The Website also includes a section dedicated to presenting "1829", an app reserved for members with an 1829 Account. This section is freely available.
Provided you have an 1829 Account, it is also possible to access certain functionalities of the 1829 App via the Website. It is advised that only certain functionalities are available on the Website, Maison Bollinger makes no commitment to providing specific features of the 1829 App, or all features of the 1829 App, to Users via the Website.
You will not be able to access the section of the Website dedicated to 1829 Members, or the 1829 App, if you do not have an 1829 Account. While creating an 1829 Account, you can enter a personal code which can be obtained:
By using a code card which you will be eligible to receive following the purchase of a Premium Maison Bollinger cuvée in gift pack
By using a code card which you are eligible to receive following a visit to Maison Bollinger
By using a code card which will be sent to you by CHAMPAGNE BOLLINGER in a dedicated communication.
1829 App access conditions
7.1. Downloading the 1829 App
To access the 1829 App, the User must have a smartphone and/or tablet with an Internet connection. The User must download the 1829 App from the applicable Apple iOS or Android platform.
Anyone can download the 1829 App, but access to its content will only be available to 1829 Members.
7.2. Characteristics of the services offered by Champagne Bollinger on the 1829 App
The 1829 App has the functionality to enable:
An e-commerce module offering exceptional cuvées with limited availability
A content module giving the User access to articles, videos and other content
An e-commerce visit/experience module allowing the User to book different types of events when slots are scheduled, including:
Digital events
Visits or experiences at the Champagne Bollinger House
Experiences elsewhere in France or abroad
A chat module where the User can chat online to ask questions and get tailored advice.
7.3. Availability of the 1829 App and creation of an Account
7.3.1. Availability of the 1829 App
Champagne Bollinger will endeavour to enable Users to access the Website and/or 1829 App, within the framework of an obligation of means.
7.3.2. Creation of an 1829 Account
To benefit from all the services provided by the 1829 App, the User must create an 1829 Account. When registering, the user can enter a personal code which can be obtained by:
Using a code card available following the purchase of a Premium Maison Bollinger cuvée in gift pack
Using a code card available following a visit to Maison Bollinger
Using a code card which will be given to you by CHAMPAGNE BOLLINGER in a dedicated communication.
The User must enter the requested information, namely a first name, surname, date of birth and valid email address, then enter their code.
The User is required to create a password when connecting to the 1829 App for the first time. This can be changed online by the User in their personal settings. If they forget their password, the User can create a new one by following the instructions on the 1829 App.
The password is personal and confidential. The User undertakes not to disclose it to third parties. If they do, they will remain solely responsible for how it is used.
A confirmation email will be sent to the email address provided to activate the 1829 Account.
The User must confirm the creation of the 1829 Account by clicking on the activation link contained in the confirmation email.
7.3.3. Access to the 1829 App
Access to the 1829 App is unlimited for as long as it is available.
Any User who wishes to delete the 1829 App must deactivate their 1829 Account and then proceed to delete the 1829 App from their device.
7.3.4. User obligations
Access to the 1829 App requires the User to have a working Internet connection.
The User is solely and entirely responsible for the Data they transfer in or from their 1829 Account. The User is therefore solely responsible for the use of the Data they transfer via the 1829 App.
The User must immediately inform Champagne Bollinger in the event of any loss and/or disclosure of their login details.
In the absence of this information, Champagne Bollinger may in no case be held liable for any damage suffered by the User.
User liabilities
The User is hereby informed that any violation of these Terms of Use may result in legal proceedings and possible sanctions against them.
The User is liable towards Champagne Bollinger and/or third parties for any material and/or immaterial, direct and/or indirect prejudice of any nature whatsoever, caused by the User and/or their employees as a result of use of the Website and/or 1829 App that does not comply with these TOU and/or the law.
The User shall indemnify Champagne Bollinger, as well as its representatives, employees, and service providers, against any demand, claim and/or recourse of any kind resulting from any violation of the said provisions.
The User shall indemnify Champagne Bollinger, at any time and on the first request, against any damage and/or demand, action, or complaint from third parties resulting from any violation of the said provisions. This indemnification covers both the damages and benefits that would be awarded, as well as lawyers’ fees, expert advice fees and court costs.
In the event of non-compliance with any of the clauses appearing in these Terms of Use, Champagne Bollinger reserves the right to deactivate an 1829 Account or remove access to the 1829 App and/or Website.
Champagne Bollinger’s obligations
Champagne Bollinger will endeavour to enable Users to access the Website and/or 1829 App, within the framework of an obligation of means.
As such, Champagne Bollinger shall exercise all the care and diligence required to deliver a high-quality service in accordance with the standard practices of the profession.
Champagne Bollinger will endeavour to provide constant access to the Website and/or 1829 App, except in the case of a force majeure as defined by law and jurisprudence, or in case of breakdowns, hosting failures and maintenance interventions necessary for the proper functioning of the Website and/or 1829 App, or more generally when adapting and updating content.
As Maison Bollinger has no power or responsibility regarding connection to the internet, the company cannot always guarantee permanent and/or uninterrupted access to the Website and/or 1829 App and makes no commitment to the User that they will be able to do this.
The User declares that they are fully aware of the characteristics and constraints of the Internet, and in particular that the transmission of Data and information on the Internet does not have full technical reliability, as these circulate on different networks with diverse characteristics and technical capacities, thereby disrupting access or making it impossible at certain times.
Champagne Bollinger reserves the right to suspend, interrupt or limit, without prior notice, access to all or part of the 1829 App, particularly for maintenance operations and updates necessary for the proper functioning and/or updates of the Website and/or 1829 App and related materials, or for any other reason, particularly technical, regardless of the time and duration of the intervention.
The User will not have any right to compensation due to service interruptions.
Champagne Bollinger’s liabilities
Under no circumstances can Champagne Bollinger, to the extent permitted by law, be held liable, directly or indirectly, for any prejudice caused to a User or a third party as a result of use of the Website and/or 1829 App in accordance with the Terms of Use, regardless of the cause.
In the same manner and to the same extent, Champagne Bollinger cannot be held liable, directly or indirectly, for any prejudice caused to the User or a third party due to the unavailability or malfunctioning of the Website and/or 1829 App, whatever the cause and duration, except for gross negligence on the part of Champagne Bollinger.
Generally, Champagne Bollinger refuses all liability in the event of use of the Website or 1829 App that does not comply with the Terms of Use.
The User acknowledges and declares that they are responsible for keeping their Login details safe and confidential. In the event of theft or loss of their Login details or smartphone, they must inform Champagne Bollinger immediately. If they fail to do so, Champagne Bollinger cannot be held liable for any damage suffered.
Personal data
11.1. Collecting and processing personal data
To facilitate use and access of the Website and 1829 App, CHAMPAGNE BOLLINGER is required to collect and/or ask the User to provide personal data. Disclosure of some of this data is necessary to enable CHAMPAGNE BOLLINGER to provide the User with information and services relating to CHAMPAGNE BOLLINGER and the products it sells. If the User does not disclose the requested Data, CHAMPAGNE BOLLINGER may not be able to accommodate the User's requests and/or provide them with all the information and/or services available via the Website and App.
The legal basis for personal Data processing is compliance with the legal obligations by which CHAMPAGNE BOLLINGER is bound, the fulfilment of a contract and/or the legitimate interests of CHAMPAGNE BOLLINGER, in accordance with the provisions of Article 6 of the GDPR.
The provision of personal Data is required, in particular to (a) monitor traffic to the Website and 1829 App and to adapt the ways Maison Bollinger gives Users access to the their various sections and functionalities, in the best conditions, (b) to offer Users, where appropriate, content that relates to their areas of interest, (c) to establish and monitor commercial interactions between CHAMPAGNE BOLLINGER and Users who place orders on the 1829 App in order to carry out the contractual commitments that have been entered into and, more generally, to meet the resulting obligations, (d) to comply with the applicable legal and regulatory provisions, and (e) to generally ensure effective management of Maison Bollinger and how the company and its products are presented to the public.
When processing personal Data, Maison Bollinger undertakes (a) to ensure that the Data concerned is accurate and up to date and to make any necessary corrections and/or additions as soon as possible, (b) to ensure that the processing complies with applicable legal provisions, and (c) to process personal Data in full compliance with the principle of fair, lawful and transparent processing, in compliance with the principle of data minimisation, and in conditions that guarantee the security and confidentiality of the Data.
Personal Data relating to the User, whether or not they are a customer of CHAMPAGNE BOLLINGER, is intended for the internal services of CHAMPAGNE BOLLINGER and may be communicated to third parties for the purposes mentioned above, tax and/or social authorities, accounting and/or legal service providers of CHAMPAGNE BOLLINGER, and more generally, CHAMPAGNE BOLLINGER’s partners and contacts who need to know the Data concerned for the purposes mentioned above.
CHAMPAGNE BOLLINGER has taken all appropriate technical and organisational measures to ensure the security, integrity, and confidentiality of Users’ personal Data, and to protect it from loss or any form of unauthorised and unlawful processing. Furthermore, personal Data relating to Users is not transferred or made available to third parties for commercial prospecting purposes.
Personal Data will be stored and processed within the European Union.
11.2. Data retention period
CHAMPAGNE BOLLINGER retains collected personal Data in its systems for a period limited to that which is necessary for the purposes for which it is processed and/or to comply with specific regulatory or contractual obligations.
11.3. User’s Rights of Access, Rectification and Objection
Users whose personal Data is processed have a right of access, rectification and erasure of information concerning them, a right to object and withdraw their consent if the processing of their Data is based on consent, as well as a right to be forgotten and/or to restriction of processing of personal Data concerning them, within the limits and conditions defined in the GDPR. These rights can be exercised at the following address CHAMPAGNE BOLLINGER – Service Clients, 20 Boulevard du Maréchal de Lattre de Tassigny, 51160 Aÿ, France, or by email: contact@champagne-bollinger.fr.
Furthermore, those concerned have the right to lodge a complaint with the French Commission on Information Technology and Liberties (CNIL).
Cookies
CHAMPAGNE BOLLINGER uses cookies and other tracers to measure and analyse its audience and ensure the effective operation of the Website and 1829 App. Cookies are small files that can be stored and/or read when you consult the Website and 1829 App and use the services they provide. Cookies enable Maison Bollinger to process statistics and traffic information, to facilitate navigation and to improve the service for the User’s convenience.
By refusing the installation of these essential cookies, it cannot be guaranteed that the Website and 1829 App will work properly or that all sections and features will be accessible.
Other cookies may also be used to provide you with offers and services tailored to your interests. Maison Bollinger can thereby better understand your interests and provide you with information tailored to your needs. These cookies will also save you from having to repeatedly provide information that you have already given us.
Optional cookies (which are not strictly required for the successful operation of the Website and 1829 App) require your consent. You can consent to them by clicking on the "accept and continue" button on the cookie policy settings page. This User consent is considered valid for a period of 13 (thirteen) months. At the end of this period, access to the Website and/or the 1829 App will again require User authorisation of "cookie" files. Our cookie management tool allows you to change your preferences at any time, withdraw your consent, and access the list of companies using cookies on the Website and the 1829 App.
Newsletter subscription
The User can subscribe to email information services (“Newsletter”) via the 1829 App or the Website.
By subscribing to the Newsletter, the User agrees to receive electronic messages informing them about news and content relating to the App. The User can also receive the Newsletter via SMS and/or by post should they wish.
This electronic messaging service is totally free of charge.
The User may request to no longer receive these messages at any time, either by sending an email to contact@champagne-bollinger.fr or by sending a letter to the following address: Champagne Bollinger, CS 80004, 51160 Aÿ-Champagne.
Intellectual Property
The elements accessible on the 1829 App, whatever their form or representation, and notably in the form of texts, photographs, images, icons, sounds, videos, software, databases and data, are protected by intellectual and industrial property rights and other private rights held exclusively by Champagne Bollinger.
The Champagne Bollinger brand is protected by intellectual property rights and remains the exclusive property of Champagne Bollinger.
Access to the Website and 1829 App does not grant the User any right to the intellectual property rights relating to the Website or 1829 App and their contents, which remain the exclusive property of Champagne Bollinger, other than the right to use them within the strict framework of the Website and 1829 App’s access conditions and these Terms of Use.
The User recognises and accepts that all rights pertaining to all or part of the Website and 1829 App, all property rights pertaining thereof, and in particular, intellectual property rights are exclusively held and/or exercised by Champagne Bollinger.
The CLIENT thus undertakes (i) not to reproduce all or any part of the Website and/or 1829 App, not to modify or alter the Website and/or 1829 App, (iii) to comply with the technical recommendations provided by Champagne Bollinger, (iv) not to carry out on the Website or 1829 App any reverse engineering, de-compilation, disassembly of the computer program, analysis of any kind with the aim of de-structuring (searching for basic, material or intellectual components, etc.), translation, listing and/or access to the source code via the object code, subject to mandatory legal provisions, (v) not to seek to find out the trade secrets used to develop the Website and/or 1829 App, (vi) not to transfer, lend and/or grant rights in relation to the Website and/or 1829 App to any third party, even temporarily, whether free of charge or in exchange for payment, (vii) and more generally, not to infringe, in any way whatsoever, on the intellectual property rights held or exercised by Champagne Bollinger.
If the User does not comply with the provisions set out in this Article, this will give rise to legal proceedings, in particular on the grounds of counterfeiting.
In accordance with the provisions of the Intellectual Property Code on copyright and sui generis databases rights, the extraction and/or reuse of all, or a qualitatively or quantitatively substantial part, of the elements and contents of the Website and/or 1829 App is strictly prohibited, as is the repeated and systematic extraction or reuse of qualitatively or quantitatively insubstantial elements and contents. These actions are likely to constitute acts of counterfeiting and will result in the civil and/or criminal liability of their author.
Hyperlinks
The 1829 App and Website may contain a number of hyperlinks to other sites. However, CHAMPAGNE BOLLINGER is not able to check the content of such sites and consequently will not assume any responsibility for this.
Miscellaneous
The nullity of one of the clauses of the TOU, particularly as a result of the application of a law or regulation, or following a decision of a competent court that has become final, shall not lead to the nullity of the other clauses of the TOU, which shall retain their full effect and scope between the parties.
If Champagne Bollinger does not, at a given time, exert whichever one of the clauses of the TOU and/or challenge a failure on the User’s part to meet whichever one of their contractual obligations, this cannot be interpreted as Champagne Bollinger waiving its right to invoke the said clause or contractual obligation at a later date.
Applicable law and jurisdiction
Given the international dimension of the Internet network, Champagne Bollinger hereby reminds the User that they must comply with all mandatory rules of public order applicable in the country where they live or use the 1829 App.
In the event of a dispute arising in connection with the interpretation or execution of these TOU, the parties shall endeavour to settle the dispute amicably prior to any legal action.
Prior to any mediation or legal proceedings, the User must send a written complaint to the Champagne Bollinger company at the following email address: contact@champagne-bollinger.fr.