7.3.5. Deletion of the customer account on the Bollinger 1829 app

Users are free to delete their account at any time. 

To do so, they can follow the steps below:

• first go to the "My account" section

• go to the "Personal information" sub-heading

• click on "Delete my account" at the bottom of the screen

• confirm the deletion of the account
  

Champagne Bollinger then undertakes to delete the account and all associated data. The user will then no longer be able to access the application and its content.

8.User liabilities

The User is hereby informed that any violation of these Terms of Use may result in legal proceedings and possible sanctions against them. 

The User is liable towards Champagne Bollinger and/or third parties for any material and/or immaterial, direct and/or indirect prejudice of any nature whatsoever, caused by the User and/or their employees as a result of use of the Website and/or 1829 App that does not comply with these TOU and/or the law. 

The User shall indemnify Champagne Bollinger, as well as its representatives, employees, and service providers, against any demand, claim and/or recourse of any kind resulting from any violation of the said provisions.

The User shall indemnify Champagne Bollinger, at any time and on the first request, against any damage and/or demand, action, or complaint from third parties resulting from any violation of the said provisions. This indemnification covers both the damages and benefits that would be awarded, as well as lawyers’ fees, expert advice fees and court costs.

In the event of non-compliance with any of the clauses appearing in these Terms of Use, Champagne Bollinger reserves the right to deactivate an 1829 Account or remove access to the 1829 App and/or Website.

9.Champagne Bollinger’s obligations

Champagne Bollinger will endeavour to enable Users to access the Website and/or 1829 App, within the framework of an obligation of means.

As such, Champagne Bollinger shall exercise all the care and diligence required to deliver a high-quality service in accordance with the standard practices of the profession.

Champagne Bollinger will endeavour to provide constant access to the Website and/or 1829 App, except in the case of a force majeure as defined by law and jurisprudence, or in case of breakdowns, hosting failures and maintenance interventions necessary for the proper functioning of the Website and/or 1829 App, or more generally when adapting and updating content.

As Maison Bollinger has no power or responsibility regarding connection to the internet, the company cannot always guarantee permanent and/or uninterrupted access to the Website and/or 1829 App and makes no commitment to the User that they will be able to do this. 

The User declares that they are fully aware of the characteristics and constraints of the Internet, and in particular that the transmission of Data and information on the Internet does not have full technical reliability, as these circulate on different networks with diverse characteristics and technical capacities, thereby disrupting access or making it impossible at certain times.

Champagne Bollinger reserves the right to suspend, interrupt or limit, without prior notice, access to all or part of the 1829 App, particularly for maintenance operations and updates necessary for the proper functioning and/or updates of the Website and/or 1829 App and related materials, or for any other reason, particularly technical, regardless of the time and duration of the intervention.

The User will not have any right to compensation due to service interruptions.

10.Champagne Bollinger’s liabilities 

Under no circumstances can Champagne Bollinger, to the extent permitted by law, be held liable, directly or indirectly, for any prejudice caused to a User or a third party as a result of use of the Website and/or 1829 App in accordance with the Terms of Use, regardless of the cause.

In the same manner and to the same extent, Champagne Bollinger cannot be held liable, directly or indirectly, for any prejudice caused to the User or a third party due to the unavailability or malfunctioning of the Website and/or 1829 App, whatever the cause and duration, except for gross negligence on the part of Champagne Bollinger.

Generally, Champagne Bollinger refuses all liability in the event of use of the Website or 1829 App that does not comply with the Terms of Use.

The User acknowledges and declares that they are responsible for keeping their Login details safe and confidential. In the event of theft or loss of their Login details or smartphone, they must inform Champagne Bollinger immediately. If they fail to do so, Champagne Bollinger cannot be held liable for any damage suffered.

11.Personal data

11.1. Collecting and processing personal data

To facilitate use and access of the Website and 1829 App, CHAMPAGNE BOLLINGER is required to collect and/or ask the User to provide personal data. Disclosure of some of this data is necessary to enable CHAMPAGNE BOLLINGER to provide the User with information and services relating to CHAMPAGNE BOLLINGER and the products it sells. If the User does not disclose the requested Data, CHAMPAGNE BOLLINGER may not be able to accommodate the User's requests and/or provide them with all the information and/or services available via the Website and App. 

The legal basis for personal Data processing is compliance with the legal obligations by which CHAMPAGNE BOLLINGER is bound, the fulfilment of a contract and/or the legitimate interests of CHAMPAGNE BOLLINGER, in accordance with the provisions of Article 6 of the GDPR.

The provision of personal Data is required, in particular to (a) monitor traffic to the Website and 1829 App and to adapt the ways Maison Bollinger gives Users access to the their various sections and functionalities, in the best conditions, (b) to offer Users, where appropriate, content that relates to their areas of interest, (c) to establish and monitor commercial interactions between CHAMPAGNE BOLLINGER and Users who place orders on the 1829 App in order to carry out the contractual commitments that have been entered into and, more generally, to meet the resulting obligations, (d) to comply with the applicable legal and regulatory provisions, and (e) to generally ensure effective management of Maison Bollinger and how the company and its products are presented to the public. 

When processing personal Data, Maison Bollinger undertakes (a) to ensure that the Data concerned is accurate and up to date and to make any necessary corrections and/or additions as soon as possible, (b) to ensure that the processing complies with applicable legal provisions, and (c) to process personal Data in full compliance with the principle of fair, lawful and transparent processing, in compliance with the principle of data minimisation, and in conditions that guarantee the security and confidentiality of the Data.

Personal Data relating to the User, whether or not they are a customer of CHAMPAGNE BOLLINGER, is intended for the internal services of CHAMPAGNE BOLLINGER and may be communicated to third parties for the purposes mentioned above, tax and/or social authorities, accounting and/or legal service providers of CHAMPAGNE BOLLINGER, and more generally, CHAMPAGNE BOLLINGER’s partners and contacts who need to know the Data concerned for the purposes mentioned above.

CHAMPAGNE BOLLINGER has taken all appropriate technical and organisational measures to ensure the security, integrity, and confidentiality of Users’ personal Data, and to protect it from loss or any form of unauthorised and unlawful processing. Furthermore, personal Data relating to Users is not transferred or made available to third parties for commercial prospecting purposes.

Personal Data will be stored and processed within the European Union.

11.2. Data retention period

CHAMPAGNE BOLLINGER retains collected personal Data in its systems for a period limited to that which is necessary for the purposes for which it is processed and/or to comply with specific regulatory or contractual obligations.

11.3. User’s Rights of Access, Rectification and Objection

Users whose personal Data is processed have a right of access, rectification and erasure of information concerning them, a right to object and withdraw their consent if the processing of their Data is based on consent, as well as a right to be forgotten and/or to restriction of processing of personal Data concerning them, within the limits and conditions defined in the GDPR. These rights can be exercised at the following address CHAMPAGNE BOLLINGER – Service Clients, 20 Boulevard du Maréchal de Lattre de Tassigny, 51160 Aÿ, France, or by email: contact@champagne-bollinger.fr. 

Furthermore, those concerned have the right to lodge a complaint with the French Commission on Information Technology and Liberties (CNIL).

12.Cookies 

CHAMPAGNE BOLLINGER uses cookies and other tracers to measure and analyse its audience and ensure the effective operation of the Website and 1829 App. Cookies are small files that can be stored and/or read when you consult the Website and 1829 App and use the services they provide. Cookies enable Maison Bollinger to process statistics and traffic information, to facilitate navigation and to improve the service for the User’s convenience. 

By refusing the installation of these essential cookies, it cannot be guaranteed that the Website and 1829 App will work properly or that all sections and features will be accessible. 

Other cookies may also be used to provide you with offers and services tailored to your interests. Maison Bollinger can thereby better understand your interests and provide you with information tailored to your needs. These cookies will also save you from having to repeatedly provide information that you have already given us. 

Optional cookies (which are not strictly required for the successful operation of the Website and 1829 App) require your consent. You can consent to them by clicking on the "accept and continue" button on the cookie policy settings page. This User consent is considered valid for a period of 13 (thirteen) months. At the end of this period, access to the Website and/or the 1829 App will again require User authorisation of "cookie" files. Our cookie management tool allows you to change your preferences at any time, withdraw your consent, and access the list of companies using cookies on the Website and the 1829 App. 

13.Newsletter subscription 

The User can subscribe to email information services (“Newsletter”) via the 1829 App or the Website. 

By subscribing to the Newsletter, the User agrees to receive electronic messages informing them about news and content relating to the App. The User can also receive the Newsletter via SMS and/or by post should they wish. 

This electronic messaging service is totally free of charge. 

The User may request to no longer receive these messages at any time, either by sending an email to contact@champagne-bollinger.fr or by sending a letter to the following address: Champagne Bollinger, CS 80004, 51160 Aÿ-Champagne.

14.Intellectual Property

The elements accessible on the 1829 App, whatever their form or representation, and notably in the form of texts, photographs, images, icons, sounds, videos, software, databases and data, are protected by intellectual and industrial property rights and other private rights held exclusively by Champagne Bollinger.

The Champagne Bollinger brand is protected by intellectual property rights and remains the exclusive property of Champagne Bollinger.

Access to the Website and 1829 App does not grant the User any right to the intellectual property rights relating to the Website or 1829 App and their contents, which remain the exclusive property of Champagne Bollinger, other than the right to use them within the strict framework of the Website and 1829 App’s access conditions and these Terms of Use.

The User recognises and accepts that all rights pertaining to all or part of the Website and 1829 App, all property rights pertaining thereof, and in particular, intellectual property rights are exclusively held and/or exercised by Champagne Bollinger.

The CLIENT thus undertakes (i) not to reproduce all or any part of the Website and/or 1829 App, not to modify or alter the Website and/or 1829 App, (iii) to comply with the technical recommendations provided by Champagne Bollinger, (iv) not to carry out on the Website or 1829 App any reverse engineering, de-compilation, disassembly of the computer program, analysis of any kind with the aim of de-structuring (searching for basic, material or intellectual components, etc.), translation, listing and/or access to the source code via the object code, subject to mandatory legal provisions, (v) not to seek to find out the trade secrets used to develop the Website and/or 1829 App, (vi) not to transfer, lend and/or grant rights in relation to the Website and/or 1829 App to any third party, even temporarily, whether free of charge or in exchange for payment, (vii) and more generally, not to infringe, in any way whatsoever, on the intellectual property rights held or exercised by Champagne Bollinger.

If the User does not comply with the provisions set out in this Article, this will give rise to legal proceedings, in particular on the grounds of counterfeiting.

In accordance with the provisions of the Intellectual Property Code on copyright and sui generis databases rights, the extraction and/or reuse of all, or a qualitatively or quantitatively substantial part, of the elements and contents of the Website and/or 1829 App is strictly prohibited, as is the repeated and systematic extraction or reuse of qualitatively or quantitatively insubstantial elements and contents. These actions are likely to constitute acts of counterfeiting and will result in the civil and/or criminal liability of their author.

15.Hyperlinks

The 1829 App and Website may contain a number of hyperlinks to other sites. However, CHAMPAGNE BOLLINGER is not able to check the content of such sites and consequently will not assume any responsibility for this.

16.Miscellaneous

The nullity of one of the clauses of the TOU, particularly as a result of the application of a law or regulation, or following a decision of a competent court that has become final, shall not lead to the nullity of the other clauses of the TOU, which shall retain their full effect and scope between the parties.

If Champagne Bollinger does not, at a given time, exert whichever one of the clauses of the TOU and/or challenge a failure on the User’s part to meet whichever one of their contractual obligations, this cannot be interpreted as Champagne Bollinger waiving its right to invoke the said clause or contractual obligation at a later date.

17.Applicable law and jurisdiction

Given the international dimension of the Internet network, Champagne Bollinger hereby reminds the User that they must comply with all mandatory rules of public order applicable in the country where they live or use the 1829 App.

In the event of a dispute arising in connection with the interpretation or execution of these TOU, the parties shall endeavour to settle the dispute amicably prior to any legal action.

Prior to any mediation or legal proceedings, the User must send a written complaint to the Champagne Bollinger company at the following email address: contact@champagne-bollinger.fr.