HENNESSY - GENERAL CONDITIONS
ONLINE SALES HENNESSY VISITS
GROUP AND PRIVATE VISITS
Applicable from 1st January 2023
JAS HENNESSY & C°, a public limited company with a share capital of €16,588,000, whose registered office is located at Rue de la Richonne in Cognac (16100), registered with the Angoulême Trade and Companies Register under number 905 620 035 RCS, VAT number: FR 18 905 620 035 - tel: 05 45 35 72 68, contact e-mail: groupslesvisites@hennessy.fr.
These general terms and conditions include the general terms and conditions applicable to online sales of Hennessy tours (PART I) and the general terms and conditions applicable to online sales of group and private tours (PART II).
PART I - GENERAL CONDITIONS OF ONLINE SALES - HENNESSY VISITS
Article 1 - Scope of application
Any order for participation in a visit to the Maison HENNESSY (with the exception of private and group visits), located in Rue de la Richonne, in COGNAC (16100), FRANCE (hereinafter the "Services"), from JAS HENNESSY & C°, by the client, i.e. any individual or legal entity, is governed by these general terms and conditions of sale (hereinafter the "GTCs"), which cancel and replace, where applicable, as of their entry into force, the previous ones.
The fact that JAS HENNESSY & C° does not avail itself of any of the provisions of the GTC shall not be interpreted as a waiver of its right to do so at a later date.
In the event that any of the clauses of the GTC are considered null and void, the other clauses shall continue to be fully valid and effective.
Article 2 - Ordering the Services
2.1 Placing the order for Services and formation of the contract
All orders for Services made by a client are made exclusively via the website www.hennessy.com.
Once
the booking form has been completed on the Website, the client will see a summary of his/her order.
In order for the contract of sale of the Services to be formed, the Client must proceed with the payment of the Services. If JAS HENNESSY & C° does not receive payment for the Services, the order will be considered null and void.
2.2 Condition of use of gift vouchers
The Client may choose to purchase a gift voucher ("Gift Voucher") allowing him to offer the Service of his choice, to the person of his choice ("the Beneficiary"). This Gift Certificate includes a unique code necessary to book the Service.
The Gift Voucher is valid for 1 year from the date of the order. After this period, the expired Gift Certificate is closed and can no longer be used.
The reservation of the Service listed on the Gift Certificate will be made directly on the www.hennessy.com website. The Gift Certificate can only be used once for the reservation of the corresponding Service.
In the event of a change in the services available on the Site after the purchase of the gift voucher, the Customer will be reimbursed the total amount paid.
In the event of a change in the price of the Services after the purchase of the Gift Voucher, an additional payment will be requested from the beneficiary in order to complete the payment of the reservation.
JAS HENNESSY & C° cannot be held responsible for the error of the beneficiary, the loss of the Gift Certificate, or the fraudulent use of its code. Gift Certificates cannot be resold, transferred or exchanged.
2.3 Order modification
Prior to the commencement of the Services, JAS HENNESSY & C° reserves the right to cancel or postpone a session of Services or to adapt the Services and their timetable in the event of partial unavailability of the facilities, in particular due to maintenance constraints or work on the reception site.
In this case, JAS HENNESSY & C° will inform the Client in writing or by telephone at the number(s) or address(es) communicated by the Client, as soon as it is aware of any event which would affect, in whole or in part, the Services, and will endeavor to find a mutually satisfactory compromise with the Client. If, however, no compromise can be found between the parties, each of them shall have the right to cancel the order under the conditions set out in Article 2.3 below.
The Client has the possibility to modify his reservation by filling in the contact form. Upon receipt, JAS HENNESSY & C° will endeavor to take into account the Client's request and will inform the latter.
2.4 Order cancellation
In application of article L.221-28, 12° of the French Consumer Code, which does not provide for any right of withdrawal in the case of the sale of leisure services, the contract for the sale of the Services may not be reimbursed in the event of cancellation by the client.
If the customer is unable to visit on the scheduled date, the customer may request an exchange of tickets before the scheduled date by sending a request to JAS HENNESSY & C° via the contact form.
In the event of a request by the customer to exchange tickets, JAS HENNESSY & C° will offer alternative dates within one month of the original date. If JAS HENNESSY & C° and the client do not reach agreement on an alternative date within one month, the booking will be deemed lost and the client will not be entitled to any refund or compensation.
Article 3 - Tariffs and commercial conditions
The prices and conditions of sale of the Services are those detailed on the website www.hennessy.com in force on the day the Customer places the order.
Subject to the application of the regulations in force, JAS HENNESSY & C° reserves the right to modify its rates and conditions of sale at any time during the calendar year in force.
The prices indicated by JAS HENNESSY & C° for the Services are expressed in euros (€) and include all taxes (TTC).
JAS HENNESSY & C° does not provide any passenger transport services and the journeys to and from the place of the Services are therefore the sole responsibility of the Client. In this respect, no compensation will be due to the Client if he cannot attend the Services on the agreed dates.
Article 4 - Terms of payment
Unless otherwise agreed in writing with the Customer, payment shall be made via the website www.hennessy.com by a person of legal age who is the holder of the bank account with which payment is made.
Any delay or failure to pay for an order will automatically result in the cancellation of the order.
Article 5 - Performance of the Services
JAS HENNESSY & C° undertakes to perform the Services with all due diligence and care.
JAS HENNESSY & C° shall not be liable for any consequences resulting from the client's misinterpretation of information provided during the Services.
Due to the nature of the Services, the start and end times may be subject to change. Thus, a delay in the performance of the Services or a modification of the timetable by JAS HENNESSY & C° shall not lead to the cancellation of the order for Services, nor shall it justify the claiming of compensation, penalties or costs of any kind.
In the event of cancellation of the contract by JAS HENNESSY & C°, if JAS HENNESSY & C° and the Client do not reach an agreement on another date or location for the Services, JAS HENNESSY & C° undertakes to refund to the Client all sums paid.
If JAS HENNESSY & C° and the Client do not reach an agreement on another date or location for the Services, JAS HENNESSY & C° undertakes to refund to the Client all sums paid by him. The refund will be made by the same means of payment as the one used by the Client for the order.
Furthermore, in the event that the Services are authorised, the Client undertakes to comply with the hygiene and social distancing measures in force on the date of the Services and the Visitor's Charter which is made available to him when JAS HENNESSY & C° sends him an offer of Services.
Cases of force majeure (as defined by Article 1218 of the Civil Code), fortuitous events or similar events release JAS HENNESSY & C° from any obligation to provide the Services and from any liability, without compensation.
No complaint from the Client may be validly examined and the Services shall be deemed to be in conformity in quantity and quality, if the complaint is not formulated within seven (7) days from the date of execution of the Services and if it is not documented by the Client. If, after examination, the complaint, raised within the aforementioned period and sufficiently documented, proves to be well-founded, JAS HENNESSY & C° may reimburse part of the Services, its liability being strictly limited to this obligation, so that JAS HENNESSY & C° may in no case be required to pay any compensation for any prejudice whatsoever or to pay any costs whatsoever.
In view of the nature of the Services, JAS HENNESSY & C° reserves the right not to honour the service in the event of a delay of more than 15 minutes.
Article 6 - Compliance with regulations and the Client's responsibility
JAS HENNESSY & C° reserves the right to refuse any order from a Customer who does not comply with the provisions of the GTC and/or the legislative and regulatory provisions in force in France or in the Customer's country.
In accordance with the anti-money laundering regulations, the Customer declares that:
- the origin of the funds he pays to JAS HENNESSY & C° for the purchase of the Services is lawful and does not come from an activity contrary to national and international legislation on financial transactions.
- he or she has not directly or indirectly profited from a false justification of the income of the perpetrator of a crime or misdemeanor, nor has he or she assisted in the investment, concealment or conversion of the direct or indirect proceeds of a crime or misdemeanor.
The Client undertakes to comply with the laws and regulations applicable to the fight against corruption.
In addition, the Client declares that he is aware of and undertakes to comply with the road traffic regulations applicable in France and, in particular, the provisions relating to the degree of alcoholic impregnation authorized for drivers of motor vehicles, it being specified that breathalyzers will be made available to the Client during the Services.
The Client undertakes to deal with any excesses on the part of the participants and will bear full responsibility for any incidents that may occur on the part of the participants during the Services.
No alcoholic beverages may be served or consumed other than those selected by JAS HENNESSY & C°.
Finally, the Client undertakes to respect the image rights of the people carrying out the Services.
Article 7 - Intellectual property
All information provided by JAS HENNESSY & C°, whether visual or audio, the brands and/or logos of JAS HENNESSY & C°, texts, comments, illustrations and images reproduced or represented, in particular on the sites visited and on all communication media associated with the Services, as well as the products served, if any, during the Services, are protected by intellectual property rights. They are the exclusive property of JAS HENNESSY & C°. As such, and in accordance with the provisions of the Intellectual Property Code, only their use for private use is authorized. Any other use, especially for commercial purposes, is strictly forbidden.
The reproduction or representation of all or part of any of the above elements is strictly prohibited (except with the prior written consent of JAS HENNESSY & C° to the client).
Article 8 - Personal data
In the course of providing the Services, JAS HENNESSY & C° may collect, process and store the Client's personal data, in accordance with the terms of the Personal Data & Cookies Charter, which is available on the website www.hennessy.com.
Article 9 - Dispute
9.1 Applicable law
Any dispute relating to the interpretation and execution of the GTC is subject to French law.
The French version of the GTC shall be the sole authoritative version in the event of a dispute.
9.2 Jurisdiction
In the event of a dispute with a consumer or non-professional as defined by the Consumer Code and following the failure of a written complaint made by the client to JAS HENNESSY & C° or in the absence of a response from JAS HENNESSY & C° within one (1) month, the consumer has the right to have recourse, free of charge, to a consumer mediator with a view to the amicable resolution of a dispute which opposes him to a professional. The mediator to which JAS HENNESSY & C° adheres is the Centre de Médiation et d'Arbitrage de Paris (CMAP), whose contact details are as follows: 39 avenue Franklin Roosevelt, 75008 Paris - Email address: consommation@cmap.fr - Website: https://www.cmap.fr/offre/un-consommateur/
The consumer or JAS HENNESSY & C° shall also always have the possibility of resolving the dispute through legal action in accordance with Article R. 631-3 of the Consumer Code.
The client is free to accept or refuse the recourse to mediation and, in case of recourse to mediation, each party is free to accept or refuse the solution proposed by the mediator.
In the event that the Customer, a natural person and consumer, waives mediation, or if he refuses the solution proposed by the mediator, the dispute will then be brought before the courts of the Customer's choice (either before the territorially competent courts under the Code of Civil Procedure, or the court of the place where he lived at the time of the conclusion of the contract or the occurrence of the harmful event), even in the event of summary proceedings, third-party appeals or multiple defendants.
PART II - GENERAL CONDITIONS OF SALE - GROUP AND PRIVATE VISITS
Article 1 - Scope of application
Each order for services such as private tours, private tastings, catered receptions, group visits (hereinafter the "Services") placed with JAS HENNESSY & C° by the Client will be governed by the present general terms and conditions of sale (hereinafter the "GTC") which cancel and replace the previous ones as of their entry into force.
The fact that JAS HENNESSY & C° does not take advantage of any of the stipulations of the GTC shall not be interpreted as a waiver on its part to take advantage of them later.
If any of the provisions of the GTC are deemed invalid, the other provisions shall continue to be fully valid and effective.
Article 2 - Ordering the Services
2.1 Placing the order for Services and formation of the contract
Any request for Services made by the Client must be made directly to the Hennessy visit reservation service at the following address :groupslesvisites@hennessy.fr or by telephone on 05.45.35.72.68
Upon receipt of any request for Services by the Client, JAS HENNESSY & C°, shall send the latter an offer of Services as well as the price corresponding to the Services. The Client is free to accept it as it stands or to request a modification.
In the event of acceptance, the Client must notify JAS HENNESSY & C° in writing of its agreement. The order will be firm and final only after payment of the Services by the Client.
If, on the other hand, the Client requests a modification, JAS HENNESSY & C° will send the latter a revised offer of the Service which the Client will again be free to accept or modify in accordance with the preceding paragraphs.
The agreement of the parties on the Services will only be perfect (and the contract deemed concluded) after express acceptance of the order by JAS HENNESSY & C°, which will ensure the feasibility of the Services, particularly with regard to the availability of the means (human and/or material) and the facilities requested.
In all cases, JAS HENNESSY & C° shall have a period of fourteen (14) clear days to confirm, by any written means, its order to the Customer who hereby expressly waives, in the case of the supply of cognacs annexed to the Services, the benefit of Article 1587 of the Civil Code.
In the absence of confirmation from JAS HENNESSY & C°, within the above-mentioned period, the order will be deemed to have been refused and the deposit will be returned by JAS HENNESSY & C°.
2.2 Order modification
2.2.1 By JAS HENNESSY & C°, :
Prior to the commencement of the Services, JAS HENNESSY & C°, reserves the right to cancel any order in the event of failure or delay in payment by the Client on the due dates, or in the event of non-payment on the Client's account.
Furthermore, once the order has become final, JAS HENNESSY & C°, reserves the right to adapt the Services and their timetable in case of :
- Partial unavailability of the facilities due to, for example, maintenance constraints or work at the visiting and reception sites;
- The introduction of a necessary quota measure linked to the nature of the products sold (i.e. notably due to constraints linked to the shortage of spirits or in case of unforeseen circumstances).
In this case, JAS HENNESSY & C° shall inform the Client in writing as soon as it is aware of any event that would have an impact, in whole or in part, on the Services in order to find a mutually satisfactory compromise with the Client. If, however, no compromise could be found between the parties, each of them shall have the right to cancel the order under the conditions provided for in Article 2.4 hereafter.
2.2.2 By the Customer :
Once the order has become final, any changes (such as those concerning the number of participants, the quantity and quality of the cognacs served, the timetable of the Services, etc.) desired by the Client must be notified in writing to JAS HENNESSY & C°, which reserves the right, depending on its possibilities and at its sole discretion, not to accept them.
In the event that a service is conditioned and/or priced by a number of participants, JAS HENNESSY & C° reserves the right to invoice the number of participants provided for in the order. In the event that the number of participants is greater than that confirmed at the time of the order, JAS Hennessy reserves the right not to accept the additional participants.
2.3 Cancellation of the order
In the event of cancellation of the contract by the Client :
- More than seven (7) clear days before the scheduled date of performance of the Services, 50% of the sums paid as payment for the order will be returned to the Client by JAS HENNESSY & C° ;
- Seven (7) clear days or less prior to the date of the scheduled performance of the Services, JAS HENNESSY & C°, reserves the right to retain all sums paid by the Client on the date of cancellation.
In all cases, in the event that costs have already been incurred by JAS HENNESSY & C°, at the express request of the Client, JAS HENNESSY & C° will re-invoice the Client for any sums claimed by an external service provider or corresponding to unrecoverable expenses.
In the event of cancellation or modification of the order by JAS HENNESSY & C°, in the context of exceptional circumstances, including any governmental measure affecting the performance of the Services, JAS HENNESSY & C° shall inform the Client in writing at the address(es) communicated by the Client, as soon as it becomes aware of any event which would affect, in whole or in part, the Services, and shall endeavour to find a mutually satisfactory compromise with the Client.
If JAS HENNESSY & C° and the Client do not reach an agreement on another date or location for the Services, JAS HENNESSY & C° undertakes to refund to the Client all sums paid.
Furthermore, in the event that the Services are authorised, the Client undertakes to comply with the hygiene and social distancing measures in force on the date of the Services and the Visitor's Charter which is made available to him when JAS HENNESSY & C° sends him an offer of Services.
Article 3 - Tariffs and commercial conditions
The rates and conditions of sale of the Services are those in force on the date of acceptance of the offer by the Client and subject to subsequent modification of this order in accordance with Article 2.3 of the GTC.
Subject to the application of the regulations in force, JAS HENNESSY & C°, reserves the right to modify at any time, during the calendar year in force, its rates and conditions of sale.
Special pricing conditions may be applied according to the specificities requested by the Client and accepted by JAS HENNESSY & C°.
In the event that a service is conditioned or priced by a number of participants, JAS HENNESSY & C° reserves the right to invoice the number of participants confirmed 72 hours before the Event. In the event that the number of participants is greater than that confirmed 72 hours before the Event, JAS Hennessy reserves the right not to accept the additional participants.
The prices indicated by JAS HENNESSY & C° for the Services are inclusive of all taxes. JAS HENNESSY & C° does not provide any transport services for persons and the outward and return journeys to the place of the Services therefore remain the sole responsibility of the Client (outside the framework of the Hennessy tour). In this respect, no compensation will be due to the Client if he/she cannot attend the Services on the agreed dates.
Article 4 - Terms of payment
Invoices from JAS HENNESSY & C° are, unless otherwise agreed in writing with the Client, payable on a bank account belonging to JAS HENNESSY & C°, or on a secure payment site made available by JAS HENNESSY & C°, in the currency indicated on the invoice, by a person of legal age who is the holder of the bank account with which payment is made.
The full price of the Services must be paid at least 72 hours before the date of the Service. The reservation will be effective upon payment of the Service.
If JAS HENNESSY & C° does not receive payment for the Services, the order will be considered void.
Any delay or default in payment of an order shall automatically and at the option of JAS HENNESSY & C°, lead to the suspension of all contracts and/or orders in progress and of the obligations of JAS HENNESSY & C°, and/or to the immediate payment of the sums owed by the Client, notwithstanding the date of payment initially indicated on said contracts and/or orders.
Article 5 - Performance of the Services
JAS HENNESSY & C° undertakes to carry out the Services with all due diligence and care. However, the obligation of JAS HENNESSY & C°, within the framework of the Services is only an obligation of means and not an obligation of result.
Furthermore, JAS HENNESSY & C° cannot be held responsible for the consequences resulting from misinterpretations by the Client of the information provided during the Services.
Due to the nature of the Services, the start and end times are subject to change. A delay in the start and/or end of the Services or a change in the organisation of the latter by JAS HENNESSY & C° shall not lead to the cancellation of the order for Services or justify the claim for compensation, penalties or costs of any kind.
In view of the nature of the Services, JAS HENNESSY & C° reserves the right not to honour the service in the event of a delay of more than 15 minutes.
No complaint may be validly requested by the Client and the Services shall then be deemed to be compliant in terms of quantity and quality, if such a request is not formulated within seven (7) days from the date of the Services and if it is not documented by the Client. If, after examination, the complaint, raised within the aforementioned period and sufficiently documented, proves to be well-founded, JAS HENNESSY & C°, may reimburse a part of the Services, its liability being strictly limited to this obligation, so that JAS HENNESSY & C°, may in no case be required to pay any compensation for any prejudice whatsoever or to pay any costs whatsoever.
Cases of force majeure (as defined by Article 1218 of the Civil Code), fortuitous events or similar events release JAS HENNESSY & C° from any obligation to provide the Services and from any liability, without compensation. The applicable conditions will be those of the last paragraph of article 2.3.
Article 6 - Compliance with regulations and the Client's responsibility
JAS HENNESSY & C°, reserves the right to refuse any order from the Client which does not comply with the provisions of the GTC and/or the legislative and regulatory provisions in force in France or in the Client's country.
In accordance with the anti-money laundering regulations, the Customer declares that :
- the origin of the funds he pays to JAS HENNESSY & C°, for the purchase of the Services is legal and does not come from an activity contrary to national and international legislation on financial transactions;
- he or she did not profit directly or indirectly from a false justification of the income of the perpetrator of a crime or misdemeanour
,nor did he or she assist in the investment, concealment or conversion of the direct or indirect proceeds of a crime or misdemeanour.
The Customer agrees to comply with all applicable anti-bribery and corruption laws and regulations, including, without limitation, the relevant laws and regulations of the United Kingdom and the United States.
In addition, the Client declares that he/she is aware of and undertakes to comply with the road traffic regulations applicable in France and in particular the provisions relating to the degree of alcoholic impregnation authorised for drivers of motor vehicles, it being specified that breathalysers will be made available to the Client during the Services.
The Client undertakes to deal with any excesses on the part of the participants and shall bear full responsibility for any incidents that may occur on the part of the participants during the Services.
No cognac may be served or consumed other than that (or those) selected by JAS HENNESSY & C°.
Finally, the Client undertakes to respect the image rights of the people carrying out the Services.
Article 7 - Intellectual property
All texts, comments, illustrations and images reproduced or represented, in particular on the reception site and on all communication media associated with the Services are strictly reserved to JAS HENNESSY & C°, which is the sole owner, for the whole world. In this respect and in accordance with the provisions of the intellectual property code, only private use is authorised. Any other use, especially for commercial purposes, is strictly forbidden.
The company names, brands and other distinctive signs reproduced on the communication media associated with the Services, on the reception site, as well as on the products served during the Services, if any, are protected under intellectual property rights and are the exclusive property of JAS HENNESSY & C°. The reproduction or representation of all or part of one of the above-mentioned elements is strictly forbidden (except with the prior written consent of JAS HENNESSY & C°, to the Client), and may be the subject of an infringement action by JAS HENNESSY & C°.
Article 8 - Personal data
8.1. JAS HENNESSY & C°, whose contact details are set out above, is the controller of the personal data (the "Data") collected and processed in connection with the sale of the Services to the Customer.
8.2. The Data collected are mainly the Customer's identification data, including name, first name, date of birth, postal address, email address and telephone number, bank details in the context of online sales, purchase history, preferences and interests. It should be noted that JAS HENNESSY & C° may also indirectly collect Data concerning the Client from other sources (data transmitted by a contact of the Client or a partner of JAS HENNESSY & C°,) or process Data provided by its Client concerning other persons (for example if the Services are a gift) that the Client must inform.
8.3. The processing of Data is necessary for the performance of a contract or pre-contractual measures and is intended to manage the Client's requests relating to the Services, the performance of the Services and/or their payment. The processing may also be in the legitimate interest of JAS HENNESSY & C°, with the aim of optimising customer relations, in particular by sending information or communications on similar products and/or services, and the production of statistics.
8.4. The collection of the aforementioned Data is indispensable for the processing of the Customer's order, or failing that, is subject to his explicit consent. The Data essential to JAS HENNESSY & C° to fulfil the purposes described above are indicated by an asterisk directly on the pages of the websites mentioned in article 2.1 or on any other collection form to be filled in by the Customer. If the Client does not fill in these mandatory fields, JAS HENNESSY & C° will not be able to respond to his/her requests and/or provide the requested Services. The other information is optional and allows JAS HENNESSY & C° to improve its communication and services to the Client.
8.5. The Data, with the exception of invoicing and accounting or banking data, are kept securely for three (3) years from the end of the commercial relationship or, in any event, for a period not exceeding the applicable legal limitation periods. The Data (i) will be archived for accounting and evidential purposes during the aforementioned limitation periods or (ii) will be destroyed if the said periods have expired. Data necessary for billing and accounting purposes will be kept for ten (10) years from the end of the fiscal year in which the order was placed. The Banking Data are kept for the time necessary to validate the Customer's order and payment and will then be immediately destroyed. In the event of a payment incident, this Data will be kept for the duration of the management of the incident, then for a period of three (3) to five (5) years depending on the seriousness of the incident.
8.6. The Data is only made accessible to persons involved in the management of orders for Services within JAS HENNESSY & C°, and in the follow-up of the customer relationship and will not be assigned, transferred or made accessible to any third party, subject to (i) any subcontractors of JAS HENNESSY & C°, located in the EEA, intervening to the extent necessary to accomplish the tasks entrusted to them and (ii) any restructuring and/or reorganisation of JAS HENNESSY & C°. C°, located in the EEA, to the extent necessary for the performance of the tasks entrusted to them and (ii) any restructuring and/or reorganisation of JAS HENNESSY & C°. In the event that the transfer of Data to a subcontractor of JAS HENNESSY & C° involves a transfer of Data outside the EEA, such transfer will be governed by mechanisms recognised as appropriate by the European Commission.
The Data may also be made accessible to other companies in the Moët Hennessy group for the purpose of managing and optimizing Customer relations and, with the Customer's consent, for the purpose of sending them information on offers, news and events from the Moët Hennessy group and its entities, the list of which is provided on the websites mentioned in article 2.1.
Finally, JAS HENNESSY & C° may disclose the Data to third parties when such disclosure is required by law, regulation or court order, or if such disclosure is necessary for the protection and defence of its rights.
8.7. In accordance with the regulations in force, the Customer has at all times the right to access and rectify his Data, and the right to give post-mortem instructions concerning his Data as well as the right to ask for the deletion of his Data, to object to their processing and to obtain their limitation or portability insofar as this is applicable
The Customer may also object to the Data being used for the purposes of drawing up his Customer profile, in which case he will no longer be able to benefit from personalised offers or services. In the case of processing based on consent, the Customer may withdraw his consent at any time without this calling into question the lawfulness of the processing carried out prior to the withdrawal of consent. Furthermore, the Customer may at any time ask not to receive any further communications by using the option provided for this purpose in each message sent to him.
8.8. These rights may be exercised directly with Moët Hennessy's Data Protection Officer at the following address: contactdpo@moethennessy.com. Finally, for any other claim, the Customer has the right to file a claim with the Commission Nationale de l'Informatique et des Libertés (CNIL).
Article 9 - Dispute resolution
In the event of a dispute with a consumer or non-professional as defined by the Consumer Code and following the failure of a written complaint made by the client to JAS HENNESSY & C° or in the absence of a response from JAS HENNESSY & C° within one (1) month, the consumer has the right to have recourse, free of charge, to a consumer mediator with a view to the amicable resolution of a dispute which opposes him to a professional. The mediator to which JAS HENNESSY & C° adheres is the Centre de Médiation et d'Arbitrage de Paris (CMAP), whose contact details are as follows: 39 avenue Franklin Roosevelt, 75008 Paris - Email address: consommation@cmap.fr - Website: https://www.cmap.fr/offre/un-consommateur/
The consumer or JAS HENNESSY & C° shall also always have the possibility of resolving the dispute through legal action in accordance with Article R. 631-3 of the Consumer Code.
The client is free to accept or refuse the recourse to mediation and, in case of recourse to mediation, each party is free to accept or refuse the solution proposed by the mediator.
In the event that the Customer, a natural person and consumer, waives mediation, or if he refuses the solution proposed by the mediator, the dispute will then be brought before the courts of the Customer's choice (either before the territorially competent courts under the Code of Civil Procedure, or the court of the place where he lived at the time of the conclusion of the contract or the occurrence of the harmful event), even in the event of summary proceedings, third-party appeals or multiple defendants.
In the event of a dispute, the French version of the GTC shall be the sole authoritative version.