HENNESSY – GENERAL TERMS AND CONDITIONS OF SALE
applicable from 1st of January 2019
Article 1 – Scope of application
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
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
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
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.
Article 3 – Rates and terms of sale
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
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 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
- 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.
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.
Article 7 – Intellectual Property
Article 8 – Personal information
Article 9 – Litigation
9.1 Applicable law
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 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.