Purpose : Objet

The purpose of these General Conditions of Use and Sale (hereinafter the “General Conditions”) is:

• define the terms and conditions of use of the JOHN HEGARTY website (hereinafter “the Site”), namely:  https: // hegartychamans.com
• to determine the rights and obligations of the parties within the framework of the online sale of Products offered by JOHN HEGARTY

Any access and / or use of the Site implies acceptance and compliance with all the terms of these General Conditions.

Definitions

• User: refers to any natural or legal person who browses the Site.
• Client : désigne toute personne physique ou morale réalisant une commande auprès de JOHN HEGARTY.

Access to the Site

The Site is accessible free of charge to any User with internet access. All costs relating to access to the Site, whether hardware, software or Internet access costs, are exclusively the responsibility of the User. He is solely responsible for the proper functioning of his computer equipment as well as his internet access.

JOHN HEGARTY reserves the right to refuse access to the Service, unilaterally and without prior notification, to any User who does not comply with these General Conditions.

JOHN HEGARTY uses all reasonable means at its disposal to ensure quality access to the Site, but is under no obligation to do so.

JOHN HEGARTY ne peut, en outre, être tenue responsable de tout dysfonctionnement du réseau ou des serveurs ou de tout autre événement échappant au contrôle raisonnable, qui empêcherait ou dégraderait l’accès au Service. De même JOHN HEGARTY ne saurait être tenu responsable de tels dysfonctionnements affectant un site de Partenaire.

JOHN HEGARTY reserves the right to interrupt, temporarily suspend or modify without notice access to all or part of the Service, in order to ensure its maintenance, or for any other reason, without the interruption opening right to no obligation or compensation.

Products

Describe your products

Ordering Wine

To place an order, the Customer:

• Select the wine(s) whose characteristics and respective prices are specified on the Site.
• Checks the elements of his order and, if necessary, corrects errors
• Follows instructions for payment and delivery of products
• Declares to have read and accepted these General Conditions before placing the order. The validation of the order therefore implies acceptance of these General Conditions.
• Confirms his order and the terms of payment and delivery
• Will receive a confirmation by email, details of the order and his invoice.

Delivery Instructions : Livraison

The wines will be delivered within 5-10 working days to Metropolitan France, or mainland UK and in the EU (where wine is sent direct to customers). Due to Canadian and US import laws, we are unable to deliver wines to these countries. 

Deliveries are made by an independent carrier, at the address provided by the customer when ordering, and to which the carrier can easily access. Customer is solely responsible for incorrect address information when ordering. If there are delivery requirements, please indicate when placing order. If you request the wine to be left in your absence, we take no responsibility should the parcel be mislaid or stolen. 

The customer is required to check the condition of the delivered products in the presence of the carrier and possibly refuse them if they show sign of breakage or to write reservations on the delivery notes. The customer has a period of seven (7) days from the delivery to make claims for returns, by email, accompanied by all the relevant supporting documents (photos in particular).

Price and Payment

The wine is supplied at the rates at the time of purchase by the seller. The prices are expressed in Euros. Prices can be changed at any time. However, the price applied will be that stated at the time of the order.

Payment by credit card

Secure payment by bank card  ( " Visa, Carte Bleue, MasterCard") via PAYPLUG.

Paiement par carte bancaire : le paiement est exigible immédiatement à la commande. En communiquant ses informations bancaires lors de la vente, le Client autorise JOHN HEGARTY à débiter sa carte du montant relatif au prix indiqué. Le Client confirme qu’il est bien le titulaire légal de la carte à débiter et qu’il est légalement en droit d’en faire usage. En cas d’erreur, ou d’impossibilité de débiter la carte, la vente est immédiatement résolue de plein droit et la commande annulée.

Right of withdrawal

In accordance with the legal provisions in force, the Customer has a period of 14 days from receipt of his products to exercise his right of withdrawal without having to justify reasons or pay a penalty. After communication of his decision to exercise his right of withdrawal within this 14-day period, the Customer has another 14 days to return the product (s) concerned by the withdrawal. The 14-day period begins the day after the contract is concluded or the goods are delivered, depending on the type of contract. If this period expires on a Saturday, Sunday or a public holiday, it is extended until the first following working day.

This right is exercised by email, to

Right of withdrawal - II

In the event of unpaid bills, JOHN HEGARTY reserves the right to immediately and automatically suspend the provision of the service.

Any unpaid debt not rectified within 14 days will result in the termination of the contract after sending a formal notice with Acknowledgment of Receipt that has remained ineffective for 15 days:

• The provision of the Service will be definitively stopped;
• JOHN HEGARTY will not reimburse sums paid in whole or in part by the Customer.

Cookies and personal data

By continuing to browse the Site, the User Acknowledges having read the personal data protection policy and consent to the collection and use of data

COOKIES

Browsing the Site may cause the installation of cookie (s) on the User's computer. A cookie is a small file, which does not allow the identification of the User, but which records information relating to the navigation of a computer on a site (such as the URL of the links through which the User has accessed the Site, the access provider, the Internet Protocol (IP) address, the computer operating system, the browser software, the date and time of visit to the Site , the pages viewed).

The data thus obtained:

• aim to improve the experience of using the Site;
• are also intended to allow various measures of attendance through the use of tools such as Google Analytics.
• allow, where applicable, to order products or services on the Site.

Refusal to install a cookie may make it impossible to access certain services. The User can however configure his computer to refuse the installation of cookies.

USE OF DATA COLLECTED
The Site collects personal information relating to the User only for the needs of certain services offered by the Site and in particular for the purposes of responding to Customer orders. The User provides this information with full knowledge of the facts, in particular when entering it himself. It is then specified to the User of the Site the obligation or not to provide this information.

RIGHT OF MODIFICATION, CORRECTION AND DELETION OF PERSONAL DATA
In accordance with the provisions of Articles 38 et seq. Of Law 78-17 of 6 January 1978 relating to data, files and freedoms, the User has a right to access, rectification and opposition to personal data concerning him.

This right is exercised by email to 

:

Partner Sites - Hypertext links

The Site contains a number of hypertext links to other sites, set up with the authorization of JOHN HEGARTY. However, JOHN HEGARTY does not have the possibility to check the content of the sites thus visited, and will therefore not assume any responsibility for this fact. Any use of a hypertext link to another site is made under the sole responsibility of the User. In addition, the User is invited to examine the general conditions of use or sales applicable on these sites.

Force majeure

The performance of JOHN HEGARTY’S obligations at the end of the present contract is suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent its performance. JOHN HEGARTY would advise the Client of the occurrence of such an event as soon as possible.

Intellectual property : Propriété intellectuelle

The images, information, content, brands, photos, logos, products, videos, software and domain names appearing on the Site are and remain the exclusive property of JOHN HEGARTY or are the subject of an authorization for use by the Partners of JOHN HEGARTY. Access to the Site does not confer any right on the User over the intellectual property rights relating to the Site, which remain the exclusive property of JOHN HEGARTY or of it’s Partners.

The user may not, under any circumstances, reproduce, represent, modify, transmit, publish, adapt, on any medium whatsoever, by any means whatsoever, or exploit in any way. either all or part of the Site without the prior written consent of JOHN HEGARTY or it’s Partners. The use not previously authorized by JOHN HEGARTY or its Partners, in any capacity whatsoever, of all or part of the Site may be the subject of any appropriate action, in particular an action for infringement. Only the use of a non-substantial part of the Site is authorized for strictly private and non- commercial purposes.

Evolution of the general conditions

JOHN HEGARTY reserves the right to modify the terms, conditions and notices of this contract at any time and without notice, in order to adapt them to changes in the Site and / or its operation. The User is therefore advised to regularly consult the latest version of the General Conditions available on the Site.

Applicable law and jurisdiction

These General Conditions are subject to French law. Any dispute relating to their interpretation and / or their execution, which has not been able to be the subject of an amicable settlement, falls under French courts.

MODEL WITHDRAWAL FORM

(Please complete and return this form only if you wish to withdraw from the contract.)

For the attention of [NAME - ADDRESS - CONTACT INFORMATION]

I / we (*) notify you / notify (*) hereby my / our (*) withdrawal from the contract for the sale of the property (*) / for the provision of services (*) below:

Ordered on (*) / received on (*):

Name of consumer (s):

Address of consumer (s):

Signature of consumer (s) (only if this form is notified on paper):

Date :

(*) Delete the unnecessary mention