Terms of Use

This website, (https://www.ds-champagne.com), is operated by Champagne Dunoyer de Segonzac, with offices located at 19 Place du Grand Jard, 51120 Mareuil-sur-Aÿ, France (“DS,” “we,” “us” and “our”). These Terms of Use (“Agreement”) set forth the terms and conditions that govern all website visitors’ and users’ (“users,” “you,” “your,” and “yours”) use of our website, (https://www.ds-champagne.com) or any other online products and services we offer, and anywhere this Agreement is posted (collectively, “Site”).

Certain areas, features, or functionality of the Site may be subject to different or additional terms, rules, guidelines or policies (“Additional Rules”), and we may provide such additional rules to you via postings, pop-up notices, links, or other means at the time that you access or use the relevant area, feature or functionality. From time to time, Additional Rules may conflict with this Agreement. In the event of such a conflict, the Additional Rules will control. Any reference herein to this “Agreement” shall include the Additional Rules.

THIS AGREEMENT

• Acceptance. Please read this Agreement carefully before accessing the Site. In order to use the Site, you must first agree to be bound by this Agreement, including any future modifications. By accessing the Site, you indicate that you have read, understood, and agreed to be bound by this Agreement. If you do not agree to be bound by this Agreement, you are not authorized to use the Sites. 

Furthermore, you are not authorized to use the Sites if (i) you are not of legal age or otherwise do not have the legal capacity to form a binding contract with us, or (ii) you are a person barred from using the Sites either (a) under the laws of the country in which you reside or from which you are attempting to access the Sites, or (b) due to prior violations of this Agreement.

• Modification. We reserve the right to modify this Agreement at any time. You shall periodically review this Agreement to be aware of such modifications. You further agree that your continued use of the Sites after any such modifications have been made shall be deemed to be your conclusive acceptance of any modified version of this Agreement. We will indicate that changes to this Agreement have been made by updating the date indicated after “Effective Date” at the beginning of this Agreement. We will be happy to provide you with prior versions of this Agreement upon your written request to us. If you do not agree to abide by the initial version and any modified version of this Agreement, then you are not authorized to use the Sites. A current version of this Agreement is accessible through the footer of the Sites’ homepage.
  
  

• Availability of Site. The Site may change or discontinue certain media, features or services available within the Site at any time, and without notice. The data, media or services on the Site may be out of date, and we make no commitment to update these materials on the Site.
  
  

• Privacy. We view the protection of your privacy as an important responsibility. The terms regulating the handling of personal information and other information provided by you in connection with the Sites is described in our Privacy Policy, which is incorporated by reference and can be found here. By using the Sites, you consent to the collection and use of your personal information by us as described in the Privacy Policy.

THIRD PARTY CONTENT 

The Sites may contain information about and/or links to third party websites or vendors or service providers (together, “Third -Party Content”) provide links to third-party websites that we believe may be of possible interest to you. Because we do not endorse or otherwise have control over such Third- Party Content, we are not responsible or liable, directly or indirectly, for (i) the availability of such Party Content, (ii) any content, data, text, software, music, sound, photographs, video, messages, tags, links, advertising, services, products, or other materials on or available from such Third Party Content, (iii) your participation, correspondence, or business dealings with any third-party found on or through the Sites regarding payment and delivery of specific goods and services, and any other terms, conditions, representations, or warranties associated with such dealings, which are solely between you and any such third- party, or (iv) any damage or loss caused or alleged to be caused by or in connection with your interaction with or reliance on any such third- party. 

Your use of any Third- Party Content linked to from the Sites is subject to the policies and procedures of the owner of such website, and your use of all such websites is subject to such policies and procedures and not to the terms and conditions of this Agreement. You understand that by using any Third- Party Content linked to from the Sites, you may be exposed to content or other materials that are offensive, indecent, defamatory, or otherwise objectionable.

DISCLAIMER OF WARRANTIES

YOUR USE OF THE SITES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES, IS AT YOUR OWN RISK. THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  NEITHER DS NOR ANY OF ITS PAST, CURRENT, OR FUTURE AFFILIATES, NOR ANY OF THEIR RESPECTIVE PAST, CURRENT, OR FUTURE EQUITY HOLDERS, DIRECTORS, OFFICERS, LICENSORS, AGENTS, EMPLOYEES, CONSULTANTS OR REPRESENTATIVES (COLLECTIVELY, THE “DS PARTIES”) SHALL HAVE ANY LIABILITY, OBLIGATION, OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY LOSS, DAMAGE, COST, EXPENSE, LIABILITY, OR OTHER ADVERSE CONSEQUENCE ALLEGED TO HAVE HAPPENED OR WHICH HAS HAPPENED, DIRECTLY OR INDIRECTLY, THROUGH YOUR USE OF THE SITES. NEITHER DS NOR THE DS PARTIES MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITES. NEITHER DS NOR ANYONE ASSOCIATED WITH DS REPRESENTS OR WARRANTS THAT THE SITES, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. DS AND THE DS PARTIES ARE NOT LIABLE FOR LOSSES OR DAMAGES ALLEGED TO ARISE FROM OR ARISING FROM, ANY USE OF THE SITES, AND DS IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS ALLEGED TO ARISE FROM OR ARISING FROM THE USE OF THE SITES. 

LIMITATION OF LIABILITY

GENERALLY. IN NO EVENT SHALL DS OR THE DS PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITES OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF DS OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULL EXTENT PERMITTED BY LAW, DS’ LIABILITY SHALL BE LIMITED TO THE AMOUNT, IF ANY, YOU PAID TO DS FOR THE USE OF THE SITES.

DS IS NOT RESPONSIBLE OR LIABLE FOR THE CONDUCT OF, OR YOUR INTERACTIONS WITH, USERS OF THE SITES OR SUBMISSIONS THAT THEY POST (WHETHER ONLINE OR OFFLINE), NOR IS DS RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, INJURY, OR HARM ASSOCIATED THEREWITH.

JURISDICTIONAL LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS (UNDER SECTION X (“DISCLAIMER OF WARRANTIES”) AND IN THIS SECTION XI) MAY NOT APPLY TO YOU.

REPRESENTATION AND WARRANTIES

You represent and warrant that (a) you have all rights, power and the full legal authority to enter into this Agreement on your own and that this Agreement is enforceable against you in accordance with its terms and conditions, (b) you have carefully read this Agreement and shall comply with all of your obligations under this Agreement, and (c) you accept and will abide by the terms of this Agreement (including the disclaimer of warranties and limitation of liabilities provisions set forth above) and the Privacy Policy.

NO ENDORSEMENT

DS is neither affiliated with, nor sponsored or endorsed by, any specific product, service, methodology or person. The owners of any third-party Trademark or copyright appearing on the Sites are not sponsors of DS or the Sites and have not endorsed and are not affiliated with DS or the Sites, and DS is not a sponsor and does not endorse any such third-parties.

NO AGENCY

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between you and DS by this Agreement. 

NOTICES

All notices hereunder shall be given by certified mail, postage prepaid and return receipt requested, to: 

ABCK Corp
67 West Street, Suite 401, Office C30,
Brooklyn, NY 11222

and to you at the address we have on file for you, where available. Notice shall be deemed given three (3) business days after the date of such mailing.

GOVERNING LAW; JURISDICTION; AGREEMENT TO ARBITRATE

Governing law. This Agreement is governed by the laws of the United States (including federal arbitration law and the State of New York, without resort to any conflict of laws principles. You further agree that, that, other than disputes properly lodged in a small claims court of the United States, any disputes or claims not subject to the arbitration provision discussed above below shall be resolved by a court located in the State New York, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

You and DS acknowledge that this Agreement evidence a transaction involving interstate commerce. Any arbitration conducted pursuant to this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).

Agreement to Arbitrate. By using the Sites, you and DS agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Sites, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it, excluding actions that qualify for small claims court (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute.

Notice shall be sent:

(1) to DS at: the contact information provided in the “Notices” section above. 

(2) to you at: the contact information you have provided to DS.

Both you and DS agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party.

IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. 

All such Disputes shall be exclusively submitted to Judicial Arbitration and Mediation Services (JAMS) (www.jamsadr.com) for binding arbitration under its rules then in effect (as modified by this agreement to arbitrate), before one arbitrator to be mutually agreed upon by both parties. The arbitration shall be conducted in accordance with the JAMS Consumer Arbitration Minimum Standards (https://www.jamsadr.com/consumer-minimum-standards/) if it is determined by JAMS or the arbitrator that these standards are applicable to the Dispute. The location of any hearings will be determined by the applicable JAMS rules, provided that if the claim is for $10,000 or less, you may choose to have the arbitration conducted (1) solely on the basis of the documents submitted to the arbitrator or (2) through a non-appearance based hearing by teleconference or videoconference. 

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable. For the avoidance of doubt, you and DS agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of this agreement to arbitrate or the arbitrability of any claim or counterclaim. The arbitrator may award (on an individual basis) any relief that would be available in a court. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. 

Notwithstanding the foregoing, in lieu of arbitration either you or DS may (1) bring an individual claim in small claims court in the United States consistent with any applicable jurisdictional and monetary limits that may apply and (2) file an individual claim in court to enjoin the infringement or other misuse of its intellectual property rights, provided that any such claim is brought and maintained on an individual basis. 

ASSIGNMENT

You shall not resell or assign your rights, duties, or obligations under this Agreement, and any attempted assignment or delegation will be void and of no force or effect whatsoever. This Agreement may be automatically assigned by DS, in our sole discretion, to a third-party, and such an assignment will inure to the benefit of our successors, assigns, and/or licensees. Without limiting the foregoing, we may sell, transfer, or otherwise share some or all of our assets, including your personal information, with any parent company, subsidiary, joint venture, or a company under our common control, as well as with a potential acquirer, lender, or investor, including in connection with a merger, reorganization, or sale of assets, or in the event of bankruptcy. In each such event, the personal information we have collected from you may be one of the assets transferred.

NO WAIVER

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to a subsequent or similar breach or breaches. If DS does not exercise or enforce any legal right or remedy contained in this Agreement (or which DS has the benefit of under any applicable law or regulation), such action or inaction shall not be taken to be a formal waiver of DS’ rights, and all such rights or remedies shall still be available to DS.

GENERAL

If any provision of this Agreement is held to be invalid by a court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Section headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. This Agreement and any ancillary terms and conditions referenced herein or included in the Sites set forth the entire understanding and agreement between us with respect to the subject matter hereof.

CONTACT US

If you have any questions regarding this Privacy Policy you may contact us using the information below:

Champagne Dunoyer de Segonzac
c/o ABCK Corp
67 West Street, Suite 401, Office C30,
Brooklyn, NY 11222
hello@ds-champagne.com