HENNESSY – GENERAL TERMS AND CONDITIONS OF SALE

 HENNESSY’S TOURS

applicable from 1st of January 2019 



 

Article 1 – Scope of application

 

These general terms and conditions of sale concerning the participation to the HENNESSY’s tours standing at rue de la Richonne, 16100 COGNAC, FRANCE (hereinafter the “GTC”), with JAS HENNESSY & C°, a limited liability company under the French law capitalized at 16 588 000 euros, whose registered office is rue de la Richonne, 16100 COGNAC, FRANCE, listed on the Angoulême Trade and Company Register under n° 905 620 035 - VAT : FR18905620035, (hereinafter called HENNESSY), by the Client whether as an individual or corporate, which cancel and replace, if appropriate, the previous GTC from the date of their entry into force, shall govern all orders for services (hereinafter the “Services”), placed with HENNESSY. 
 
The failure by HENNESSY to enforce any of these GTC shall not be construed as amounting to a waiver of the right to rely upon any of the said GTC on a future occasion.  
 
Should any of the clauses of the GTC be deemed null and void, the other provisions will continue to remain in full force and effect.


 

Article 2 – Ordering Services

2.1 Placing orders for Services and contract formation

Any order for Services should be made exclusively via the website www.lesvisites.hennessy.com.   After filling of the reservation order form on the above-mentioned website, a sum up of the order is submitted to the Client for confirmation and/or correction. 
In order the Services contract is formed, the Client shall proceed with the payment of the Services. Failing receipt by HENNESSY of the payment of the Services, the order shall be considered void.

 
 

2.2 Order amendments

Before the start of the Services, HENNESSY reserves the right to cancel, to postpone a Services session or to adapt the Services and their time frames in the event of the partial unavailability of installations due for example to maintenance constraints or construction work at the reception site. 
 
In such case, HENNESSY shall inform the Client thereof, in writing or by phone at the contact address or numbers provided by the Client on the registration form, as soon as it has learnt of any event that may entirely or partially affect the Services and will try to reach a satisfactory compromise with the Client for all parties concerned. If, however, no compromise can be reached between the parties, each party shall be entitled to cancel the order under the conditions provided in clause 2.3 below. 


 

2.3 Order cancellation / Right of withdrawal

The sale of Services shall be assimilated to a sale of leisure services in accordance with article L121-218-12° and thus, does not give rise to any withdrawal right. 

Notwithstanding the above, should the Client cancel the contract: 
  • more than fourteen (14) calendar days from the date of signing the contract, HENNESSY shall keep the entire amount paid by the Client at the cancellation date. However, every effort shall be made to offer another tour date, subject to availability; 
  • within fourteen (14) calendar days from the date of signing the contract, HENNESSY shall reimburse the Client within fourteen (14) days from the cancellation date. 
The refund is exercised with the same payment methods as used by the Client for the order.  
The cancellation right shall be exercised by sending the withdrawal form provided for this purpose to HENNESSY, via the website www.lesvisiteshennessy.com.   If the right of cancellation is exercised, this will not give rise to the payment of any compensation or penalty whatsoever.   Should HENNESSY cancel the contract, and if HENNESSY and the Client do not manage to reach an agreement for another date for the Services, HENNESSY undertakes to return to the Client all payments collected from the latter under the contract in question.
 

Article 3 – Rates and terms of sale

 
The Service rates and terms of sale are those detailed on the website www.lesvisites.hennessy.com, in force on the day that the Client is placing the order. 
 
Subject to the application of the applicable regulations, HENNESSY reserves the right to change its rates and terms of sale at any time during the relevant calendar year. 
 
The prices indicated by HENNESSY for the Services are in Euros (€) and include all taxes.   HENNESSY does not provide any transport services for people; therefore journeys to and from the venue of the Services remain at the Client’s expense and under the Client’s sole responsibility. Accordingly, no compensation will be due to the Client if it cannot attend the Services on the dates agreed.
 

 

Article 4 – Payment terms

Unless agreed otherwise in writing with the Client, the invoices issued by HENNESSY are payable to an account owned by HENNESSY and in Euros (€). 
 
The payments shall be made through the website www.lesvisites.hennessy.com by the adult bank account holder with which the payment has been proceeded. 
 
As part of any payments over the Internet, checks are conducted online with the relevant banks and other establishments, which are contacted via PAYZEN’s proprietary system. To that end this company will proceed to the storage and automated processing of information concerning each order, including bank card details, in a secure environment. Moreover, in order to prevent online fraud, MHCS has implemented a processing relating to risk assessment and fraud prevention in connection with 
payments for purchases made on this web site, for which MHCS also uses the services of PAYZEN. The data that is collected is destined solely for the duly empowered persons in charge of measures to prevent fraud within MHCS. 
Any late payment or non-payment of an order will automatically lead to the cancellation of the order. 
 
 

Article 5 – Provision of Services

 
HENNESSY undertakes to provide the Services with all due skill and care. 
 
HENNESSY may not be held liable for the consequences of erroneous interpretations by the Client of the information provided during the Services. 
 
Given the nature of the Services, the starting and finishing times may change. Any delays at the start/end of the Services or a change to the coordination of these times by HENNESSY will not justify the cancellation of the order for Services nor justify any claim for compensation, penalties or costs.   Cases of force majeure (as defined by Article 1218 of the French Civil Code), unforeseeable circumstances or similar events will free HENNESSY from any obligation to provide the Services and from any liability, without having to pay compensation. 
 
Complaints made by the Client will only be considered if the complaint is made within seven (7) days of the date of performance of the Services, and if it is documented by the Client. If the Client's complaint does not satisfy these conditions, the Services will be deemed to have been satisfactory in terms of both quantity and quality. If, after consideration, the complaint – brought within the aforementioned time frame and sufficiently documented – appears to be justified, HENNESSY may reimburse some of the Services, its liability being strictly limited to this obligation, such that HENNESSY may under no circumstances be held liable for any compensation or damage whatsoever, or for the payment of any costs whatsoever. 
 

Article 6 – Compliance with regulations and Client’s liability

HENNESSY reserves the right to refuse any order from a Client that does not comply with the provisions of the GTC and/or the applicable legal and regulatory provisions in France or in the Client’s country.   Pursuant to the regulations against money laundering, the Client states the following: 
  • the origin of the funds which it disburses to HENNESSY to purchase Services is lawful and not derived from any activity contravening national and international legislation regarding financial transactions; 
  • it has not drawn direct or indirect advantages from a false income statement by the perpetrator of a crime or  tort, or provided assistance with any investment, concealment or conversion of the direct or indirect proceeds from a crime or offence. 
The Client undertakes to comply with the applicable laws and regulations in the fight against corruption. 
In addition, the Client states that it knows and complies with the road regulations applicable in France, and in particular with the provisions regarding the permitted alcohol levels for drivers of motor vehicles, it being specified that breathalyser tests will be made available to the Client during the provision of Services.  
The Client undertakes to manage any unruly behaviour by the participants and will bear full responsibility for any incidents that might be caused by participants during the provision of Services.   No alcoholic beverages other than those selected by HENNESSY shall be served or consumed. Lastly, the Client undertakes to respect the image rights of the contractors providing the Services.
 

Article 7 – Intellectual Property

 
All the information provided by HENNESSY, may them be visual or sound, HENNESSY’s trademarks and/or logos, all texts, comments, illustrations and images reproduced or represented, in particular at the visited sites and on all communications material associated with the Services, as well as the products served during the provision of Services, are the exclusive property of HENNESSY. As such, and in accordance with the provisions of the French Intellectual Property Code, only their private use is authorised. Any other use, in particular for commercial purposes, is strictly prohibited.  
 
The reproduction or representation of all or part of one of the aforementioned elements is strictly prohibited without the prior written consent of HENNESSY to the Client.
 
 

Article 8 – Personal information

 
In the context of the provision of the Services, HENNESSY undertakes to collect, use, transfer and further process personal data in compliance with the Privacy & cookie notice.   
 
 

Article 9 – Litigation

9.1 Applicable law

 
Only French law is applicable. 
 
Only the French version of the general terms and conditions shall be authoritative in the event of a dispute. 
 

9.2 Choice of jurisdiction

 
In case of any dispute and then, in the failure in the written complaint of the Client as an individual, to HENNESSY, or in the absence of a reply by HENNESSY within a one (1) month period, the Client may exercise any alternative dispute resolution and in particular, a mediation procedure by accessing the European online dispute resolution platform, at the following address: http://ec.europa.eu.odr.   The Client is free whether to accept or refuse the mediation procedure and, in case the mediation procedure has been chosen, each party is free whether to accept or refuse the amicable solution proposed. 
In the case the Client as an individual, foregoes the mediation, or refuses the amicable solution proposed, the dispute shall be then referred to the courts chosen by the Client (either before the courts with territorial jurisdiction under the French Code of Civil Procedure, or with the court of his/her place of residence at the time when the contract was signed or when the harmful event occurred), even in 
the case of urgent applications, the joinder of third parties or if there is more than one defendant.   In the absence of a mediation procedure, the dispute shall be referred to the competent courts of the HENNESSY’s registered office.