The website: sparkling-world.com and the sub domains .fr, .de, .it, etc,... is owned and controlled by the company Sparkling World. The portal sparkling-world.com gathers information from Champagne producers (Producers) enabling users of the website, professionals or simply amateurs to discover the world of Champagne.
Sparkling World is a registered trademark. Any use, reproduction or broadcast, with or without a fee, of all or parts of the website or its contents without the express written authorization from Sparkling World is strictly prohibited.
All rights reserved – Sparkling World - September 2015
Terms and Conditions (<< T&C >>) of the website
Dernière version: Octobre 2015
These T&C shall be binding upon the company Sparkling World, publisher of the website sparkling-world.com and its related subdomains (the Website), registered with the trade and companies of Reims number 800 853 509, having its registered office at 8 bis rue Gabriel Voisin, 51100 Reims and any users accessing or using the Website.
The User, when accessing the Website, agrees to comply with all the terms and conditions set out herein, to comply with regulation and relevant good practice as regards Internet uses and more generally to comply with all applicable laws.
Sparkling World may amend these T&C at any time. User must refer to the last updated version when accessing the Website.
Article 1 – Website User
There are three types of users.
Visitor
For the purposes of the present T&C, a visitor is an individual accessing the Website without registering or subscribing to the various free or paid services offered on the Website (hereafter referred as Visitor)
Registered User
For the purposes of the present T&C, a registered user is an individual who register on the Website giving his/her contact details; such registration giving him/her access to some functionalities of the Website (hereafter referred Registered User).
Subscriber
For the purposes of the present T&C, a subscriber is an individual who register and subscribe to the various paid services of the Website (hereafter referred as Subscriber)
Visitor, Registered User and Subscriber are collectively referred as User.
Article 2 – Access and registration/ subscriptions
User may access the Website either via a search engine or by entering the URL manually, or by redirect from Sparkling World sub domains, active links in third party websites or hyperlinks in emails, sent by Sparkling World or its partners.
Registration
All Visitors may access the Website. However free and paid services are exclusively reserved to Registered users and/or Subscribers.
Registration is free. Each Visitor interested in the Services proposed by the Website must be at least 18 years old, must agree to be bound by the terms and conditions, by Cookies Policy, by Privacy Policy. Visitor must fill all fields detailed in the registered form, including the following personal details:
Name and Surname
Gender
Date of birth
Country
User ID
Mail address
Password
This information can be modified at any time by the Registered User accessing My Profile section.
The Registered User can also choose at anytime to unregister by sending a written request to Sparkling World, 8 bis rue Gabriel Voisin, 51100 Reims.
Subscription
Registered User may take up a paid subscription giving access to additional features from the space specially designed for the Registered User.
To subscribe and get access to all functionalities, the Registered User must first log in with his/her mail address and password.After he/she chooses his/her subscription and payment method, the Registered User must authorize payment. This final step formalizes the agreement between the Subscriber and Sparkling World in compliance with article 6 here below.
Data entry errors can be corrected at any time before clicking Validate the payment.
By clicking validate the payment, the Subscriber agrees fully and without any reservation to the following T&C. Once the payment validated, an overview of the payment order, including the order, subscription duration, amount invoiced, billing date will be displayed.
Sparkling World shall acknowledge receipt via mail of the purchase as soon as it has been fully validated; this mail shall include the main characteristics of the subscribed service (duration of the subscription, billing cycle, amount invoiced as well as these T&C with the contact details of Sparkling World).
Cancellation (apply exclusively to non professional Subscribers)
The Subscriber has the right to cancel the contract for the Services within fourteen days from the date of placing the initial order for a subscription (Cancellation Period) by using the withdrawal form or writing to Sparkling World 8 bis rue Gabriel Voisin , 51100 Reims. If the Subscriber cancels the contract for the services during the Cancellation Period, Sparkling World shall reimburse the Subscriber for all payments received from the Subscriber. All reimbursement shall be made to you within 14 days and using the same means of payment as the Subscriber used for the initial transactions. In addition, if PayPal, the bank or the company providing the credit card the related cancels the payment, the profile shall be either suspended or cancelled by Sparkling World.
Article 3 – Use of the Services
Once registered and after subscribing to the various paid services proposed on the Website, you shall have access to the available Services on sparkling-world.com, subject to subscription package. Methods of payment are detailed in section 6 Prices and Method of payment of these T&C and are available at any time on the Website when accessing or using the Services.
Article 4 – Responsibilities
The User must have the skills hardware and software required to access and use this Website and the User also acknowledges having checked that the computer system used contains no viruses and is in perfect working order.
The User admits and accepts the damaging consequences arising from the access and use of the Website.
Sparkling World does not accept any liabilities for damages caused by the Internet connection of the User via the Website.
Sparkling World cannot be held responsible for any damages caused to the computer equipment or data of the User and the damaging consequences for professional, business or personal activities.
Under these conditions, Sparkling World does not guarantee that the Services shall function without interruption or error. In particular, the use of the Website may be interrupted at any time for the purposes of maintenance, updates or technical improvements, or to develop is content and/or presentation. Whenever possible, Sparkling World shall inform the User prior to maintenance work or updates.
Sparkling World cannot be held liable, directly or indirectly, for any damages caused to Users or third party as a result of the inability or malfunctioning of any of the Services.
Article 5 – Accuracy of information
THE INFORMATION PROVIDED BY CHAMPAGNE PRODUCERS IS DEEMED TO BE TRUE.
SPARKLING WORLD DOES NOT HAVE A CONTRACTUAL OBLIGATION TO VERIFY THE RELIABILITY OF INFORMATION PROVIDED BY PRODUCERS AND DISCLAIMS ANY RESPONSIBILITY FOR ANY INACURRACIES, INADEQUACY, OR WRONGFULNESS OF THIS INFORMATION.
SPARKLING WORLD SHALL NO BE HELD RESPONSIBLE FOR THE DATAS, INFORMATION AND/OR CONTENT PROVIDED BY A PRODUCER, FOR THE LACK OF VERACITY OF SAID DATAS, INFORMATION OR CONTENT, FOR ERRORS AND OMMISSIONS THEY MAY CONTAIN AS WELL AS THE CONSEQUENTIAL DAMAGES DUE TO THE USE OF ANY CONTENT PROVIDED BY A PRODUCER, DISPLAYED OR TRANSMITTED VIA EMAIL OR ANY OTHER MEANS VIA THE WEBSITE.
Each Producer undertakes to provide accurate information. Sparkling World shall contact all Producers on a regular basis to ensure that information is regularly updated.
Nonetheless, Sparkling World cannot be held liable to User for the consequences of providing incomplete or incorrect personal data of Producers.
Sparkling World shall try to mitigate this risk by reserving the right to close the access of Producer to the Website if information remains incomplete or incorrect despite repeated requests from Sparkling World.
Article 6 - Price, method of payment and renewal
The use of the Paid Services assumes that the User has a subscription. User can acquire a Subscription either by using a credit card (on the Internet) or by PayPal. The price and the terms of payment for the different Paid Services are displayed at all times on this site, including at the point when the Subscriber chooses to make a purchase. The prices are stated in Euros, including all applicable taxes. The activation of a subscription on a Subscriber's account occurs as soon as, or a few moments after a valid transaction has been completed (successful online transaction).
Subscriptions are for one (1), six (6) or twelve (12) months.
Subscriptions are subject to the acceptance of these Terms and Conditions.
Upon expiration of the Subscription, the Subscriber shall have the possibility to renew the Subscription for a new period. This renewal shall enter into force following the expiration day of the prior subscription period.
Article 7 - VAT
French VAT shall be charged to all Subscribers.
If the Subscriber is a private individual or an entity not liable to pay the VAT, this last one will have to pay prices indicated inclusive of all taxes ( TTC) on the Website.
If the Subscriber is an entity liable to pay the VAT (including the non-French companies of the European Union), this entity will have to send to Sparkling World a reminder of his order on paper with the logos and details of its entity, this last front explicitly to mention the intercommunity VAT number of the entity. The reminder of his order can be sent via a pdf document sent by mail.
In reception of this documentary evidence and after checking the intercommunity VAT number, an invoice exclusive of tax will be sent to the person liable to pay the VAT tax as well as a refund of the amount of the VAT corresponding to the charged Services.
Article 8 - Intellectual Property
UNLESS EXPRESSLY INDICATED TO THE CONTRARY, ALL INFORMATION AND MATERIAL CONTAINED IN THE WEBSITE AND THE SERVICES WHETHER VISUAL OR AUDIO, INCLUDING THE UNDERLYING TECHNOLOGY USED AND THE WEBSITE ITSELF (INCLUDING MESSAGES, TEXTS, DATABASE, GRAPHICS, LOGOS, TRADEMARKS, VISUALS, SOUNDS, IMAGES ANIMATED OR NOT, SOFTWARE AND ANY OTHER ELEMENTS) IS PROTECTED BY COPYRIGHT, TRADEMARKS AND MORE WIDELY BY INTELLECTUAL PROPERTY AND BELONGS TO SPARKLING WORLD AND/OR RIGHTHOLDERS HAVING AUTHORIZED SPARKLING WORLD. IT IS PROHIBITED TO REPRODUCE, USE, COPY, MODIFY, DISTRIBUTE, ALTER, PUBLISH, POST, COMMUNICATE, TRANSFER FOR ANY PURPOSE WHATSOEVER, EVEN PARTLY THE WEBSITE FEATURES. THE USER DOES NOT ACQUIRE ANY RIGHT WHATSOEVER THEREUPON AND IS PROHIBITED FROM INFRINGING THESE ELEMENTS BY ANY METHOD AND ONTO ANY OTHER MATERIALS WHATSOEVER.
Article 9 - Conditions for using this Website and the Services
The relations between Users and Sparkling World will be governed exclusively by these T&C.
Article 10 - Rights and Obligation of Sparkling World
Sparkling World is committed to providing access to the Website and Services in compliance with these T&C and guarantees that:
The Website will be available 24h / 24 , 7d/7 , subject to risks (technical, third parties' event, force majeure, viruses, etc.) or maintenance operations performed on the Website . Sparkling World reserves of course the right to stop providing access to the Website and the Services at any time refuse or withdraw access to the Site and Services to a User who does not respect any of provisions of these terms or does not comply with applicable law , ethics and trade policy of Sparkling World.
Article 11 - Role and general obligation of the User
Generally speaking, the User guarantees Sparkling World that it shall access, consult and use the Website and its contents in full compliance with these T&C and to existing regulations and guarantees accordingly Sparkling World against any challenge, remedy or action of third parties in this respect and shall indemnify Sparkling World of all direct and indirect damage that might result for Sparkling World or any third party.
Article 12 - Links
Links to other sites including the Producers' websites exist from the Website. User is free to activate or not these links being specified that Sparkling World is neither guarantor nor responsible for the content of websites to which the links point.
Article 13 – Duration and termination
These T&C apply for the entire duration of time that services offered by Sparkling World are made available at the www. Sparkling-world.com website. Sparkling World may stop access to the Website and services in the case the User is breaching any obligation contained in these T&C without notice or warning. The cancellation shall intervene without prejudice to any damages that might be claimed by Sparkling World to the User or his beneficiaries for the damage suffered as a result of such breaches.
Article 14 - Miscellaneous
In the event that any provision in the current T&C is found invalid or held to be such by any legal or regulatory body, or any court of competent jurisdiction, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and the other provisions shall remain valid and binding.
A waiver by either party of any of the provisions of these T&C in any instance shall not be deemed or construed to be a waiver of such term or condition for the future, or of any subsequent breach of said provision or any other provision of these T&C.
Article 15 – Jurisdiction and Applicable law
These T&C shall be governed by and construed in accordance with French law.
Unless otherwise provided by law, any dispute concerning the interpretation or execution of these T&C, after unsuccessful attempts to find a friendly solution, falls under the exclusive jurisdiction of the courts of Reims , notwithstanding a plurality of respondents or a guaranteed appeal, even for urgent proceedings or protective urgent or on-demand proceedings.
ANNEX
Withdrawal Form
F.a.o.: Sparkling World, 8 bis rue Gabriel Voisin, 51100 Reims, France, info@sparkling-world.com
I/we (*) hereby give notice that I/we withdraw from my/our contract of sale of the following provision of the following service:
Order n° .............................................................
Order date: .............................................................
Name of the consumer(s): .............................................................
Email address of the consumer(s): .............................................................
Signature of the consumer(s):
Date:
(*) Delete as appropriate.
Please send this document by way of registered letter and acknowledgement of receipt.
