Terms and conditions
Last updated: April 04, 2018
1. Editor - Contact
The www.domperignon.com website (the "Site") is edited by MHCS, a French company ( société en commandite simple) with:
• share capital: 433 193 798 euros
• registration number: N° 509 553 459
• VAT number: FR 44 509 553 459
• company phone number: + 33 (0) 3 26 51 20 00
• registered address: 9, avenue de Champagne, 51200 Epernay – France
Chief Editor: Sonia Voskoboinikoff, International Marketing Director of Dom Perignon
For any enquiry regarding the Site, please contact us by sending a message via the contact form.
The Site is hosted by:
• company name : LINKBYNET
• registered address: 5-9 Rue de l'Industrie, 93200 Saint-Denis – France
• Tel: +33 (0)1 48 13 00 00
• Company number: 430 359 927 RCS Bobigny
TERMS AND CONDITIONS OF USE
The Site is edited by MHCS, a French company with share capital of 433 193 789 euros, having its registered address at 9 Avenue de Champagne 51200 EPERNAY, France, registered under n° 509 553 459 RCS Reims (the "Company").
Any use of this Site by any person ("you" or the "user") is governed by these terms & conditions of use (Terms & Conditions"). The purpose of these Terms & Conditions is to define the conditions of access, navigation and use of the Site.
By accessing and using this Site, you accept without restriction to apply these Terms & Conditions as well as the provisions concerning the protection of personal data (read the Privacy & Cookies Notice).
The Company may revise or update these Terms & Conditions and the Privacy & Cookies Notice at any time and without notice. It is your responsibility to re-read these Terms & Conditions and the Privacy & Cookies Notice on a regular basis.
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 location of residence and provided that the consumption and/or purchase of alcoholic beverages is legal.
If no such laws exist in your location of residence, you must be over 21 to access the Site.
1. NAVIGATION ON THE SITE
1.1 Access to the Site
Necessary hardware and software to access Internet and this Site are under 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.
The Site may include links to other websites or other internet sources. As the Company cannot control these websites and external sources, the Company cannot be held responsible for the provision or display of these websites and external sources, and may not be held liable for the content, advertising, products, services or any other material available on or from these websites or external sources. Furthermore, the Company cannot be held 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 websites or external sources.
1.3 User responsible behaviour
Each user warrants:
- to be of minimum age legally required to consume and/or purchase alcohol in accordance with the regulations of user’s location of residence,
- to use the Site for user’s personal and lawful use only, excluding therefore any other commercial use without the prior written consent of the Company,
- to provide, when relevant, personal data being true, up-to-date and accurate.
Users may not in any way represent or act on behalf of the Company, its subsidiaries, its affiliates and their respective shareholders, officers, directors, employees.
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 refrain from:
- 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 or interrupting the Site, its servers or networks connected to the Site, 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 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-authorised 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,
- 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 location of residence.
Each user must comply with any and all applicable regulations, laws and rules related to user’s behaviour on the Internet 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 & Conditions and/or ancillary documentation, without prejudice to claim damages to such defaulting user.
1.4 User generated content (when applicable)
Users are solely liable of any content they may post or upload onto the Site and the consequences of disclosing, broadcasting, forwarding or making available such content. The Company does not adhere or approve any content, opinion, suggestion or notice generated by users and the Company declines any and all responsibility and liability in respect of any such content to the fullest extent permitted by applicable law.
However, the Company reserves the right, but not the obligation, to monitor use of the Site and to remove any content which, in its sole discretion, would breach these Terms & Conditions, may be offensive, illegal or otherwise objectionable in any way.
User accepts that the Company may freely and peacefully use, at no cost and without any restriction, any content posted onto the Site in order to be displayed on the Site as well as to be displayed, reproduced on any other medium whatsoever, in the entire world, for the promotion and advertising of the Company, its products and services,
1.5 Report of inappropriate content
Users can report to the Company any inappropriate content by sending a message via the contact form.
2. 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 information that is protected by intellectual property rights or other legislations.
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-licence or transfer in any way any content of the Site or any material (including software) related to the Site.
3- PERSONAL DATA
The Company ensures the protection of personal information disclosed by users of the Site.
The Company invites users to consult the Privacy & Cookies Notice which indicates the provisions implemented to guarantee the treatment of personal data. Collection, processing, use, transmission, keeping and protection of users’ personal information are governed by the Privacy & Cookies Notice.
The Company endeavors to ensure as far as possible, that the information provided on this Site is correct and up-to-date. However, the Company cannot guarantee the correctness, accuracy or exhaustiveness of the 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,
• for any damage resulting from a fraudulent intrusion by a third party,
• and more generally, for any direct or indirect or consequential harm, loss or damage, whatever the cause, origin, nature or consequences, which may occur as a result of any type of access to the Site or any inability to access it or the credit given to any piece of information coming directly or indirectly from the latter.
5- GOVERNING LAW AND JURISDICTION ATTRIBUTION
These Terms & Conditions (and the Privacy & Cookies Notice) are governed by French law.
Unless imperative legal provision to the contrary, users and the Company hereby irrevocably submit to the exclusive jurisdiction of the competent courts of Paris (France) any claim or matter arising under or in connection with the Content or use of the Site, including in case of guarantee, plurality of defendants or summary proceedings.
Privacy & cookies notice
1. Identity and contact details of the data controller
The website www.domperignon.com (the “Site”) is operated by MHCS, a French company having its registered address at 9 avenue de Champagne , 51200 Epernay, France with company number 509 553 459 RCS Reims, (“Dom Perignon” or “we”) in its capacity of data controller for the purposes of applicable data protection laws and regulations, including the French law n°78-17 "Informatique et Libertés" dated 6 January 1978 (amended)
2. Data processed, legal basis and purposes of the processing
Depending on the services provided by the Site and used by you, on your choices and configuration of your terminal (with respect in particular to cookies, tracers and similar tracking technologies), personal data concerning you (your “Data”) collected and processed by Dom Perignon mainly includes: your last name, first name, e-mail address, date of birth, postal address, location of residence, telephone number, your preferences and interests, your connection logs (e.g. IP address), and your nationality when required by specific regulations, as well as the information that you may disclose when you contact Dom Perignon.This Data shall be collected with your express consent.
Your Data shall be collected in order:
• to reply to your questions, complaints or orders of documents, products or services sent via the “Contact us” or similar forms;
• book visits;
• subject to your consent: to personalize the content of the Site, to send you information about our offers, news and events (newsletters, invitations and other publications) as well as offers, news and events related to other entities of the Moët Hennessy group either by e-mail, SMS, MMS, telephone or post;
• to understand your preferences better;
• to make statistics;
• to prevent fraud
The Data that is mandatory for Dom Perignon to fulfil the purposes that are described above is marked with an asterisk on the various pages of the Site. Should you not fill in these mandatory fields, Dom Perignon may not be able to take care of your demands and/or to provide you the requested services.Other Data is purely optional and allow us to know you better and to improve our communications and services accordingly.
3. Recipients of the Data
Your Data shall be processed by Dom Perignon. It shall not be transferred or made accessible to any third party apart from (i) possible subcontractors of Dom Perignon (providers of hosting and maintenance services of the Site, etc.), for purely technical and logistical reasons, and (ii) in case of a reorganisation of our Maison, including total or partial transfer of assets, merger, takeover, de-merger, and in general any reorganisation operation.
Subject to your consent, your Data may also be shared with other entities of the Moët Hennessy Group worldwide, for the purpose of sending you information about their offers, news and events. Click here to have access to the list of the entities of the Moët Hennessy group.
Finally, Dom Perignon may disclose your Data to third parties if such disclosure is required by law, by a regulatory provision or by a court ruling, or if this disclosure is necessary to ensure the protection and defense of its rights.
4. Transfers of Data abroad
The recipients of your Data may be located abroad, including outside the European Economic Area. Any transfer of your Data outside the European Economic Area shall only take place subject to appropriate safeguards being in place, such as contractual safeguards, in keeping with applicable data protection laws and regulations.
5. Your rights
In accordance with applicable data protection laws and regulations, you have a right to request access to, rectification or erasure of your Data, or restriction of processing, and to object to said processing, as well as the right to data portability to the extent applicable, subject to any overriding legitimate grounds that Dom Perignon might invoke to retain your Data.
Moreover, you may request at any time that we stop sending you information about our offers, news and events by using the hypertext link earmarked for that purpose in each e-mail that we send you.
You may also give us specific instructions regarding your Data after your death.
These rights may be exercised at any time by sending a letter or an e-mail to the following addresses:
MHCS- Dom Perignon- 9, avenue de Champagne – 51 200 Epernay, France
6. Retention period of your Data
The Data that is collected and processed under the “Contact us” and/or or similar section shall only be kept throughout the duration of the processing of your request. It shall be deleted thereafter.
The Data that is used for the purpose of sending you information concerning the offers, news and events of Dom Perignon or Moët Hennessy brands shall be kept for a period of three (3) years as of the date on which it was collected or as of your last contact with Dom Perignon or any such other entity of the Moët Hennessy group. Upon expiry of this timescale, Dom Perignon or any such other entity of the Moët Hennessy group may get in touch with you to find out whether you wish to continue to receive information about Moët Hennessy Dom Perignons offers, news and events. Your Data shall be destroyed within a maximum of 30 days following any request on your part to unsubscribe.
Finally, the connection logs that are collected, subject to your consent, using the cookies, tracers and other similar tracking technologies implemented on our Site, shall be kept in accordance with applicable laws and regulations for a period of time that does not exceed thirteen (13) months. For more details, see our cookies section below.
7.1 Cookies – what are they?
A "cookie" is a piece of information, like a tag, that is stored on your computer, tablet or phone when you visit a website. It can help identify your device – like your PC or mobile phone – whenever you visit that website.
Cookies are used by most major websites, including Dom Perignon’s. To make the best use of the Site, on whichever device you use, you'll need to make sure your web browser is set to accept cookies.
7.2 What are cookies used for?
• give you a better online experience;
• allow you to set personal preferences;
• protect your security;
• measure and improve our service, and;
• work with partners and measure marketing.
7.3 So what information is kept by the cookie?
A cookie will typically hold:
• the name of the website that it has come from;
• how long the cookie will stay on your device, and;
• a value – usually a randomly generated unique number
7.4 The cookies we set
We use the following categories of cookies on the Site:
• Category 1: Strictly Necessary Cookies
These cookies are essential in order to enable you to move around the Site and use its features. Without these cookies, services you have asked for such as remembering your login details cannot be provided.
• Category 2: Performance Cookies
These cookies collect anonymous information on how people use the Site. For example, we use Google Analytics cookies to help us understand how customers arrive at the Site, browse or use the Site and to highlight areas where we can improve, such as navigation and marketing campaigns. The data stored by these cookies never records personal details from which your individual identity can be established.
•Category 3: Functionality Cookies
These cookies remember choices you make such as the location you visit the Site from, language preferences, and search parameters such as size, colour or product line. These can then be used to provide you with an experience more appropriate to your selections and to make your visits more personalised and pleasant. The information these cookies collect may be anonymised and they cannot track your browsing activity on other websites.
•Category 4: Targeting Cookies or Advertising Cookies
These cookies collect information about your browsing habits in order to make advertising more relevant to you and your interests. They are also used to limit the number of times you see an advert as well as help measure the effectiveness of an advertising campaign. The cookies are usually placed by third party advertising networks. They remember the websites you visit and that information is shared with other parties such as advertisers. For example, we use third party companies to provide you with more personalised adverts when visiting other websites.
• Category 5: Social Media Cookies
These cookies allow you to share what you’ve been doing on the website on social media networks such as Facebook and Twitter. These cookies are not within Dom Perignon control. Please refer to the respective privacy notices of the relevant social media networks to find out how their cookies work.
7.5 How long do cookies stay on my computer?
Session cookies only last until you close your browser. They are not stored on your hard drive. They are usually used to track the pages that you visit so that information can be customised for you for that visit.
Persistent cookies are stored on your hard drive until either you delete them or they reach their expiry date. These cookies may, for example, be used to remember your preferences when you use the Site.
7.6 What can I do to manage cookies stored on my computer or phone?
7.7 What happens if I don’t accept cookies?
If you decline cookies, some aspects of the site may not work on your device and you may not be able to access areas you want on the Site. For this reason, we recommend that you accept cookies.
8. Prevent fraud and counterfeiting
Moët Hennessy, located 24-32 rue Jean Goujon - 75008 PARIS (“Moët Hennessy”) attaches the greatest importance to the protection of its Dom Perignons, products, know-how and image. To that end, Moët Hennessy, in parallel and in collaboration with the public authorities, has deployed a number of tools for detecting fraud and counterfeiting, and centralises all the information that it can detect or that is reported to it, concerning counterfeiting and parallel imports, in connection with the Dom Perignons and products of the Moët Hennessy group or concerning any other violation of the rights of the Dom Perignons of the Moët Hennessy group. To that end, Moët Hennessy may from time to time collect and process the personal data of persons suspected of having committed such offences or accused of doing so, or of persons who are witnesses of such offences. This information shall only be kept for the purposes and the duration needed for checking the facts detected or reported, and then, where applicable, for the launch of prosecutions or for the deployment of the means required to put an end to these acts until the final settlement of the case, or should Moët Hennessy decide not to bring legal proceedings, for a term of five (5) years as of the last incident that was recorded.
9. Contact details of the data protection officer (DPO) and right to lodge a complaint
Should you have any question about the collection and processing of your Data by Dom Perignon, please contact the data protection officer of Dom Perignon by sending an e-mail to email@example.com.
You may also address any complaint to the Commission Nationale Informatique et Libertés (CNIL), 3 Place de Fontenoy, TSA 80715, 75334 Paris CEDEX 07, France, regarding the way in which Dom Perignon collects and processes your Data.
10. Changes to our privacy & cookies notice
Dom Perignon may update this notice from time-to-time by posting a new version on the Site.
You should check this page occasionally to ensure you are happy with any changes. Dom Perignon may also notify you of changes to this notice by email.
11. Protection of persons under legal alcohol drinking and purchasing age
As the access to the Site is governed by Terms & Conditions of Use, Dom Perignon does not collect any Data or information concerning persons who are under legal alcohol drinking and/or purchasing age in their location of residence.