Terms of service
1. Purpose
These Terms are intended to define the terms of providing services on the www.chateaudemonpere.com website, hereinafter called “the website”, which is published by Château Demonpère SAS (simplified jointstock company), and the Terms of Service for using the website.
Any access to and/or use of the www.chateaudemonpere.com website implies the unconditional acceptance and respect of all these terms and conditions. They therefore constitute a contract between the website and the user.
If the user does not wish to accept all or part of these Terms, they are asked to refrain from using the Service.
2. Legal Notice
Under Article 6 of Law No. 2004-575 of 21 June 2004 on confidentiality in the digital economy, users are able to clearly identify on the http://www.chateaudemonpere.fr website, which is managed by Ms.
Chenevas-Paule, the identities of the various stakeholders as part of its implementation and monitoring: Owner: Chateau Demonpère SAS – La Pardiguière, Route des Mayons – 83340 Le Luc en Provence – Phone: +33 (0)4 94 60 07 78
RCS (Trade and Companies Registry): 533 060 885 Draguignan – SIRET (business ID number): 533 060 885 0027 – APE (trade code number): 0121Z – With a capital of €4,550,000
Development Agency: ANTISLASH – Address – Postal Code – City – Phone: 09 722 500 69
Publishing Director: Anne Chenevas-Paule – Contact: chateau@demonpere.fr
The publishing director is a natural or legal person.
Webmaster: Anne Chenevas-Paule – Contact: chateau@demonpere.fr
Host: OVH – SAS with a capital of €10,000,000 – RCS Roubaix – Tourcoing – SIRET: 424 761 419 00045 – APE Code 6202A – TVA No.: FR 22 424 761 419 – Headquartered at: 2 rue Kellermann – 59100 Roubaix – France.
3. Definitions
- User: any person who uses the website or any of the services offered on the website.
- User Content: data transmitted by the user in the different sections of the website.
- Member: a user identified on the website.
- Identifier: a piece of information needed to identify a user on the website in order to access the areas reserved for members.
- Password: a confidential item, kept confidential by the user, that is used along with his/her username to verify his/her identity.
4. Service Access
The Service is available for free to any user with internet access. All costs relating to accessing the Service, whether costs for hardware, software or internet access, are exclusively the user’s responsibility. He/she is responsible for the proper functioning of his/her computer equipment as well his/her internet access.
Some parts of the website are reserved for members that have signed in using their username and password.
Www.chateaudemonpere.com reserves the right to refuse access to the Service, unilaterally and without prior notice, to any user that does not comply with these terms of service.
Château Demonpère SAS uses all available methods to ensure quality access to the Service, but is under no obligation to do so.
Château Demonpère SAS also cannot be liable for any malfunction in the network or servers, or any other event outside of its reasonable control that prevents or degrades access to the Service.
Château Demonpère SAS reserves the right to interrupt, suspend or modify access to all or part of the Service without notice, whether for maintenance or any other reason, without being grounds for any obligation or compensation.
5. Intellectual Property
“Www.chateaudemonpere.com” is a registered trademark and Château Demonpère SAS owns the intellectual property rights and has the rights to use all the items available on the website, including text, images, graphics, logos, icons, sounds and software.
Any reproduction, modification, publication, adaptation of all or some items on the website, regardless of the method or process used, is prohibited without Château Demonpère SAS’ prior written permission.
Any unauthorized use of the website or any of its items will be deemed an infringement and will be prosecuted in accordance with Articles L.335-2 et seq. of the Intellectual Property Code.
The user is solely responsible for the user Content that he/she uploads via the Service, as well as any text and/or opinions that he/she formulates. He/she specifically agrees that this data is not likely to impair the legitimate interests of third parties in any way whatsoever. As such, he/she protects Château Demonpère SAS against any claims that may be brought against Château Demonpère SAS that are either directly or indirectly based on these words and/or data. In particular, he/she shall be responsible for paying any third party fees for any action against Château Demonpère SAS, including attorney fees and court costs.
Château Demonpère SAS reserves the right to remove any and all user Content at any time and for any reason without prior notice or justification. The user shall not be able to pursue any legal action because of this.
6. Personal Data
In France, personal data is specifically protected by Law No. 78-87 of 6 January 1978, Law No. 2004-801 of 6 August 2004, Article L. 226-13 of the Penal Code and the European Directive of 24 October 1995.
When using the website, the following can be collected: the URL links through which the user accessed the website, the user’s internet provider, and the user’s Internet Protocol (IP) address.
In any event, Château Demonpère SAS only collects personal information about the user that is needed for certain services offered by the website. The user knowingly provides his/her personal information, particularly when he/she provides such information him/herself. The compulsory or optional nature of the information is then specified to the website user.
In accordance with Articles 38 et seq. of Law 78-17 of 6 January 1978 on computers, files and freedoms, every user has a right to access, rectify and oppose his/her personal data by making a written and signed request, accompanied by a signed copy of his/her identification and specifying the address to which the reply should be sent.
None of the website user’s personal information is published without his/her knowledge, nor is it exchanged, transferred, assigned or sold to any third parties. Only the purchase of Château Demonpère SAS and its rights would allow the transmission of such information to the prospective purchaser, who would in turn be given the same obligation to store and modify the website user’s data.
The databases are protected by the provisions of the Law of 1 July 1998 transposing Directive 96/9 of 11 March 1996 on the legal protection of databases.
7. Château Demonpère Obligations
Château Demonpère SAS shall make statements and obtain the necessary permits under the conditions provided by law before updating any website information.
The creator agrees that the content of his/her publications and the content of what was said on the forum are in compliance with current French laws and regulations.
Château Demonpère SAS is particularly committed to prohibiting any content that could be classified as being paedophile in nature (child pornography), in which case Château Demonpère SAS would immediately delete the content and any related publications in its entirety upon becoming aware of it, and provide user details to the competent authorities.
It is noted that the user is solely responsible for the content he/she publishes on the Internet. Château Demonpère SAS shall in no way be considered responsible for the user’s content. The user agrees that the content published does not infringe the rights of third parties or :
Article 7.1: Child Protection
Château Demonpère SAS contributes to the protection of children by responding very quickly to notifications that it receives. Moreover, for all matters relating to child protection, it provides the national number of the Service Net Ecoute (national helpline), which is 0820 200 000 (0.09 percent/min), to website users.
Article 7.2: Clearly Illicit Content
Content published by the user must not incite hatred, violence, anorexia, the manufacture and use of explosives, suicide, racism, anti-Semitism, xenophobia, homophobia, or glorify war crimes or crimes against humanity.
Content published by the user shall not in any way be paedophile in nature or show child pornography. Content published by the user must not incite the committing of a crime, offense, or act of terrorism. Content published by the user shall not encourage discrimination of a person or group of people because of their ethnicity, religion, race, or because of their sexual orientation or disability.
As part of its oversight obligations for clearly illicit content, enacted by the Law of 21 January 2004 on Confidentiality in the Digital Economy, Château Demonpère SAS may be required to review a copy of messages exchanged with the website customer/visitor.
Article 7.3: Litigious Content
The user shall read the rules and limits regarding freedom of expression before publication. Freedom of expression allows criticism, reporting verified and proven information, but it does not allow denigration or defamation. Denigration, defamation, or allegations that are inaccurate or deliberately truncated to change the meaning can lead to the author’s persecution.
Content published by the user shall not threaten or conflict with public order, common decency, nor shall they hurt the sensitivity of minors.
Content published by the user shall not be pornographic in nature.
Content published by the user shall not threaten others’ reputations, privacy, or their image.
Content published by the user shall not, in the strict sense of the law, be disparaging or defamatory.
Content published by the user shall not affect the image or reputation of a brand or any natural or legal person. Freedom of expression allows criticism if it is objective, reasoned, and based on real facts.
Content published by the user shall not threaten the security or integrity of a state or territory in any way whatsoever.
Content published by the user shall not allow others to obtain pirated software, software serial numbers or any software that may harm or affect the rights or property of others in any way whatsoever.
Content published by the user shall not threaten the intellectual property rights of any natural or legal person in any way whatsoever.
Article 7.4: Trade/Advertising
The user shall, when he/she is a professional and intends to resell the goods purchased on the website, to inform Château Demonpère SAS, who has indisputable ownership. Professional users shall document and report the resulting revenue as required by law of his/her own accord. The user declares to having been warned that if he/she regularly conducts sales that constitute a regular monthly income, the French Government may be required to consider him/her as trader and impose additional formalities and charges to this statute.
The user must not in any case offer the sale, donation or exchange of property that is stolen or stemming from embezzlement, fraud, breach of trust or any other criminal offense. Anyone finding or suspecting that a user’s sales are abnormal shall immediately inform Château Demonpère SAS via its contact form.
The user can him/herself spontaneously display advertising, or promote an association, company, or product if he/she has all the permissions from the organization/company that is promoted by this advertisement.
The user shall not include any ad on his/her website that advertises or promotes a website or company that engages in activities that compete with the activities of www.chateaudemonpere.com in any form or manner whatsoever.
Article 7.5: Advertising Messages
Château Demonpère SAS reserves the right to insert advertising messages throughout the service.
Article 7.6: Intellectual Property/Miscellaneous
The user guarantees that all information, data, files, movies, photos, software or databases belongs to him/her or is not subject to copyright.
In other cases, for the use, reproduction, representation or communication to the public of an author’s work belonging to someone else and protected by law (including, but not limited to, software, databases, authored works, brands, company names, patent inventions and designs), the user shall obtain prior authorization or a usage license from the owners of these rights, in accordance with legal conditions.
The user is responsible for the confidentiality of the password used to access the service and shall bear all responsibilities for acts committed with this password.
As part of his/her use of the service, the user shall not engage in acts of any kind that would conflict with French law or violate French public order, or the rights of one or more other persons.
8. Visitor Obligations
The visitor shall only visit the www.chateaudemonpere.com website and all pages (social networks) hosted on it with a browser that supports JavaScript and accepts cookies.
The visitor shall not pursue any action against Château Demonpère SAS because of anything arising from non-compliance with the navigation constraint mentioned above.
The visitor will have verified that the computer configuration for the internet connection contains no viruses and/or is in working condition. Château Demonpère SAS will in no way be responsible for any malfunctioning of the aforementioned.
Anyone leaving comments or publishing as an author must respect these Terms of Service. Please note that that the visitor is solely responsible for the content he/she publishes on the Internet. Château Demonpère SAS shall in no way be considered responsible for the visitor’s published content.
As part of his/her use of the service, the visitor shall not engage in acts of any kind that would conflict with French law (or, where applicable, the laws of the country from which the visitor connects) or violate French public order, or the rights of one or more other persons.
9. Non-compliance with the Terms of Service
Users are encouraged to notify Château Demonpère SAS in case of violation of these Terms of Service via the available contact form.
Any improper notification will be prosecuted and will be subject to criminal sanctions.
Château Demonpère SAS reserves the right to suspend service for any user that breaches these Terms of Service at its sole discretion, without notice and without any possible contestation.
Château Demonpère SAS may refuse or suspend the content that is available via the service, in cases where the content could be of illicit nature.
If Château Demonpère SAS deletes a product description containing images, text, design etc., this will not result in the removal of its URL, to avoid description repetitions and descriptions that are well known.
Therefore, the deleting of a product comment, including its data and the comments posted by users, does not mean it is permanently deleted. It will be kept for a time period according to the current laws.
On applications for the withdrawal or removal of content, comments, photos or videos, the law of 21 June 2004 on Confidentiality in the Digital Economy (LCEN) indicates that the hosts are not responsible for contentious content that they hosted when the contentious nature of this content was not lawfully brought to their attention.
In any event, Château Demonpère SAS reserves the right to refuse to follow up with an abusive notification.
If the user or visitor considers him/herself to be prejudiced by the content hosted by Château Demonpère SAS, the user or visitor must report the abuse via the contact form. The complaint will be forwarded to the content’s author.
10. Liability Limitations
The www.chateaudemonpere.com website is an online seller of wine and organic olive oils, as well as other goods produced on the estate, for the general public.
The user shall indemnify Château Demonpère SAS from all adverse consequences that are directly or indirectly related to his/her use of the Service.
Access to certain sections of the www.chateaudemonpere.com website requires the use of a username and Password. The Password is chosen by the user and is personal and confidential. The user shall keep his/her password confidential and to not disclose it in any form whatsoever. The user enters his/her username and Password over the Internet at his/her own risk. It is the user’s responsibility to take all necessary precautions to protect others from obtaining his/her data.
Château Demonpère SAS is nonetheless committed to implementing all necessary means to ensure the security and confidentiality of transmitted data. The user is informed that one or more cookies, containing no personal information, may be placed on his/her hard drive to ensure identification.
Refusing to install cookies may make it impossible to access certain services. However, the user can configure his/her computer to reject the installation of cookies.
The user acknowledges to be aware of his/her limitations and constraints of Internet access and, as such, recognizes the impossibility of a total guarantee of secure data exchange. Château Demonpère SAS will not be liable for damages arising from the transmission of any information, including his/her username and password, via the Service.
Château Demonpère SAS shall not in any case, subject to applicable law, be liable for damages and/or harm, whether direct or indirect, tangible or intangible, or of any other nature whatsoever, that is the result of unavailability or any use of the Service. The term “Use” must be understood in a broad sense, meaning any use of the website whatsoever, whether legal or not.
In general, the user shall comply with all current French regulations.
11. Hyperlinks
The website contains a number of hyperlinks to other websites, set up with the permission of Château Demonpère SAS. However, Château Demonpère SAS is not able to check the content of the websites visited from these links, and accordingly assumes no liability in this case.
Navigation throughout the website is likely to cause the installation of cookie(s) on the user’s computer. A cookie is a small file that does not identify the user, but rather records information about a computer’s navigation on a website. The data obtained is intended to facilitate subsequent browsing of the website, and also to allow various methods of attendance tracking.
Refusing to install cookies may make it impossible to access certain services. However, the user can configure his/her computer to reject the installation of cookies.
12. Force Majeure
Château Demonpère SAS shall not be bound to its responsibilities in a case of force majeure or events beyond its control.
13. Contract Developments
Château Demonpère SAS reserves the right to change the terms, conditions and notices of this contract at any time.
Therefore, the user is advised to regularly consult the latest version of Terms of Service available on the www.chateaudemonpere.com website.
14. Duration and Termination
This contract is effective for an indefinite period starting from when the user uses the Service.
15. Applicable Law and Competent Courts
The rules of law that are applicable to content and data transmissions on and around the website are determined by French law. In case of dispute that cannot reach an amicable agreement, only the French courts that lie under the Paris Court of Appeals have jurisdiction.
