Terms and Conditions of Sale

1. Purpose of CGV

It is expressly stated that the CVG apply to all transactions resulting from the online sale of tour offers available on the website. www.droles-de-cognac.frOffered by the company Drôles de Cognac SAS, whose registered office is located at 05 rue du Palais, 16100 Cognac.

The order of one or more Drôles de Cognac commercial offers is open to the general public (within the legal age limit related to French alcohol consumption regulations), provided that they comply with the following general conditions outlined below.

These Terms and Conditions of Sale are governed by the Tourism Code and Articles R.211-12, R.211-3, R.211-11 & L.211-7, L.211-17.

2. Scope of Application of the CVG

The above-mentioned CVG govern the online sale contracts of the tour packages offered by Drôles de Cognac SAS, referred to as ‘the seller,’ to the buyers, referred to as ‘the client,’ and constitute, along with the order summary, the contractual documents that are binding on the parties, excluding any other documents, regardless of their origin, such as documents from a promotional campaign, press announcements, or photographs and brochures.

All contractual and commercial documents are written in French.

In the event of changes to the CVG by the named ‘seller,’ the applicable Terms and Conditions are those in effect on the date of the order by the named ‘client.’ Any modifications to the Terms and Conditions will be dated and made available to clients upon request by phone, email, or mail.

It is understood that the named ‘client’ will provide personal data collected by Drôles de Cognac. This personal data collected will remain strictly confidential.

Drôles de Cognac assumes no responsibility for services accessible via the Internet, and specifically for any direct or indirect damage, regardless of the causes, origins, nature, or consequences, caused by anyone’s access to the site or the inability to access it, the use of the site, or reliance on information directly or indirectly obtained from it. The website www.droles-de-cognac.fr may contain links to other websites that are not operated by Drôles de Cognac. A link from the site to other sites via hypermedia links may also exist, but Drôles de Cognac disclaims any responsibility for information that may be presented on these other sites. Drôles de Cognac cannot be held responsible for practices applied by other websites regarding content, security, or privacy and rejects all responsibility arising from the use of these other sites or their content.

3. Availability and enforceability

The CVG are available on the website www.droles-de-cognac.fr, where they can be freely consulted by the consumer. They are also available in other formats upon simple request by the said client.

The CVG are validated by the named ‘client’ as soon as the client checks the box provided for this purpose, acknowledging that they have read and accepted them before confirming their cart and placing the order.

The validation of the order thus constitutes acceptance by the named client of the Terms and Conditions of Sale, with no opposition possible to these Terms, and the retention and reproduction of which are ensured by the named professional seller in accordance with Article 1369-4 of the Civil Code.

Any dispute or opposition will, in the absence of prior acceptance by the named professional seller, be considered void and cannot be considered, regardless of the timing or the reason for the said dispute or opposition.

4. Clauses of the CGV

The present CVG cannot be considered null and void if a contractual clause binding the named client to the named seller is deemed null. Only an impulsive and determining clause that led to the conclusion of the sales contract could lead to an exception to this nullity.

The temporary or permanent non-application of one or more of the above-mentioned clauses of the Terms and Conditions of Sale by the named professional seller shall not be considered as a waiver of any of the other clauses of the CGV.

5. Application of the CGV: Drôles de Cognac Packages

The commercial packages offered by Drôles de Cognac include a detailed description provided by the Drôles de Cognac sales team, mentioning the specific characteristics of each offer in accordance with Article L. 111-1 of the Consumer Code.

It is established that the packages are offered subject to availability. These availabilities will be updated and validated by the Drôles de Cognac team. The prices presented are inclusive of all taxes (TTC) and include all the services mentioned in the detailed description, but do not contractually include the illustrations provided on the website or in any commercial document that the named ‘client’ may have. These commercial materials are for illustrative purposes only and are in no way contractual.

Given the nature of Drôles de Cognac’s business, the visits offered will be accompanied by one or more tastings of wines and spirits. In this regard, in accordance with Article 93 of Law No. 2009-87 of July 21, 2009, it is established that the named ‘clients’ purchasing or benefiting from a Drôles de Cognac visit package will be of the legal age to consume alcoholic beverages, as defined in Article L 3321-1 of the Public Health Code. The Drôles de Cognac team commits to offering alternative beverages to allow participation from everyone who wishes to enjoy the visit packages.

It is reminded that the Drôles de Cognac team is responsible for the conduct of its service but disclaims any responsibility in case of the client’s driving under the influence of alcohol. Any drivers taking the road after the service must not consume alcohol.

SPECIAL CONDITIONS OF SALES

1. Price of services

The prices indicated, in accordance with Article L. 113-3 of the Consumer Code, are stated in euros and are net of commission. They have been established based on the economic conditions in effect at the time of the order. In the event of any fluctuation, of any nature, that may lead to an increase or decrease in prices before the order is placed, the Drôles de Cognac team commits to informing the client in accordance with the applicable legislation.

The total amounts due by the named ‘client’ are indicated at the time of finalizing the order via the order confirmation before payment. It is understood that the sale prices of the packages are those in effect on the day the order is placed, and these prices cannot be modified under the contract established between the named ‘client’ and the named ‘seller’.

Any service not purchased by the named ‘client’ at the time of booking but requested during the visit must be paid for, inclusive of all taxes, without delay on-site.

2. Customized services

The Drôles de Cognac team will require a deposit amounting to 30% of the order total for à la carte services, based on a quote validated by the named ‘client’. This deposit, along with the signed and dated quote specifying ‘approved’, will definitively confirm the order for an à la carte service. The balance must be paid no later than one month before the departure of the visit package.

In the case of a late booking, less than 15 business days before the departure of the tailor-made tour, the so-called “client” must pay the full amount of the validated quote at the time of booking.

Tailor-made services will allow clients greater flexibility in choosing activities. However, if activity modifications are requested less than 15 days before the tour departure, the Drôles de Cognac team reserves the right to apply cancellation conditions depending on the request. This right will only apply after discussion between the so-called “client” and the Drôles de Cognac team, and only if the sales team is unable to accommodate the client’s request.
If the modification of the service is possible, the Drôles de Cognac team will inform the requesting client of the exact additional cost incurred by the change. An administrative fee of €10 per person will be applied in addition to the extra cost for any modifications made less than 15 days before the departure of the tailor-made tour.

In accordance with the Consumer Code, the client does not have a right of withdrawal for this type of service.

3. Contract Transfer and Cancellation Fees

The transfer of a contract may take place provided that the Drôles de Cognac team is informed by registered letter with acknowledgment of receipt at least 7 days before the start of the service. It is understood that this letter must specify all changing organizational details: the identity and address of the transferee, the identity and address of the persons taking over the contract, the type of subscribed packages, and the reserved date.

The transfer of a contract free of charge may only take place if it does not alter the organization of the tour or the already established sale price. In the event of a transfer resulting in a major modification, the Drôles de Cognac team reserves the right to apply additional fees, which will be determined in agreement with the beneficiary of the contract transfer.

The cancellation of a contract must be notified to the Drôles de Cognac team by registered letter with acknowledgment of receipt. The refund of amounts already paid will be made according to the following rules:

• If the cancellation takes effect more than 30 business days before departure (the date of the registered letter serving as proof), a non-refundable administrative fee of €10 per person will be applied. The remaining amount will be refunded by the insurance.
• If the cancellation takes effect less than 15 business days before departure (the date of the registered letter serving as proof), the refunded amount will represent 50% of the total cost of the booked service.
• If the cancellation takes effect less than 7 business days before departure (the date of the registered letter serving as proof), the refunded amount will represent 25% of the total cost of the booked service.
• If the cancellation takes effect less than 2 business days before departure (the date of the registered letter serving as proof), the so-called “client” will not be eligible for a refund.

The above-mentioned cancellation conditions apply in the case of a partial or total cancellation of the booked services.

Cancellation fees may be covered by insurance, provided that the insurance approves the reasons and the amount mentioned.

The application of refunds, as presented above, would not apply if the client justifies their absence due to punctuality or organizational issues specific to them (e.g., lateness to the meeting point for the departure of the package, vehicle and/or transportation issues to get to the meeting point). Similarly, since the Drôles de Cognac team can only guarantee transportation starting from the pick-up of the named ‘client,’ it is understood that no refund of the reserved service can be made if the client is unable to reach the meeting point on time due to transportation issues (airplanes, trains, buses, cars: non-exhaustive list), including if this issue results from a case of force majeure, an unforeseen event, or actions by a third party.

4. Responsability

“Losses, thefts, or other forgetfulness of personal belongings during a tour cannot be attributed to the responsibility of the Drôles de Cognac team. Indeed, each client is responsible for their personal belongings and the care they take with them. Clients should also ensure not to leave personal items in the transport vehicle used during the service. However, if clients wish to leave their personal belongings during the tours and/or tastings, they do so at their own risk and must inform the Drôles de Cognac staff.

Furthermore, the Drôles de Cognac team reserves the right to interrupt the ongoing service in the event of damage and/or violations, or if a client’s behavior jeopardizes the safety of the driver and other passengers.

Drôles de Cognac SAS has taken out a professional liability insurance policy.