Legal notices
General Conditions of Use
Version in force as of 12/17/2024
1. Legal notices
The website www.domainedesperches.wine (hereinafter "the Site") is published by SARL CHATEAU ARNAUD JOUAN, a company registered in the Bordeaux Trade and Companies Register under number 848 255 980, with its registered office at Château Arnaud Jouan - 33410 Cadillac sur Garonne.
The publication manager is Mrs. Dorine Fromentin.
For any questions relating to the Site, please send an email to the following email address: contact@domainedesperches.wine
The site is hosted by the company WIX (Wix.com - support@wix.com 94140 San Francisco, USA support@wix.com)
2. Definitions
In these General Terms of Use, the words or expressions mentioned below will have the following meaning:
"Graphic charter": designates the creations relating to the general structure of the Site.
"General Terms of Use" or "Website T&Cs": designate these terms of use of the website www.domainedesperches.wine
"Contents": designates in particular the brands, logos, domain names, graphics, photographs, still or animated images, sounds, texts, data, product descriptions whether visual and/or audio.
"Site": designates the site www.domainedesperches.wine accessible from the URL address www.domainedesperches.wine or any other URL address that could be substituted for it.
"User": designates any natural or legal person who visits one or more pages of the Site.
"Company": designates SARL CHATEAU ARNAUD JOUAN, publisher and owner of the Website
3. Acceptance and modification of the General Conditions of Use
Access to and use of the Site are subject to acceptance and compliance with these General Conditions of Use. The purpose of the General Conditions of Use is to define the conditions of access, navigation and use of the Site.
By browsing the Site, regardless of the technical means of access and the terminals used, the User is presumed to be aware of these T&Cs and to accept their terms without reservation.
These T&Cs apply, as necessary, to any variation or extension of the Site on existing or future social and/or community networks.
The T&Cs may be modified at any time by SARL CHATEAU ARNAUD JOUAN due to the evolving nature of the Site, which may be subject to modifications, in particular by making new features available or by removing or modifying certain features. We therefore invite you to consult the T&Cs regularly.
4. Navigation on the Site
4.1 – Access to the Site
The Site is accessible free of charge to any User with Internet access. All costs related to access to the Site, whether hardware, software or Internet access costs, are the sole responsibility of the User.
The hardware and software required for access to the Internet and the Site are the responsibility of the users of the Site. SARL CHATEAU ARNAUD JOUAN reserves the right, at its sole discretion, to suspend or terminate access to all or part of the Site, its content or services offered on the Site, without prior notice and, to the extent permitted by law, without this being likely to give rise to any compensation for the benefit of a User.
4.2 Hypertext links
The Site may contain links to other sites or other Internet sources. To the extent that SARL CHATEAU ARNAUD JOUAN cannot control these sites and external sources, the Company cannot be held responsible for the content, advertisements, products, services or any other element available on these sites or external sources. Furthermore, the Company cannot be held responsible for any damage or loss (proven or alleged) resulting directly or indirectly from the use you make of the content, goods or services available on these other sites or external sources.
4.3 User Behavior
Each user of the Site guarantees:
- to be of legal age required to consume and/or purchase alcohol according to the legislation in force in his place of residence;
- use the Site for lawful purposes, excluding any use for commercial purposes, except with the prior written consent of the Company;
- that, where applicable, the data he provides is accurate, sincere and up to date.
The user is prohibited from making any declarations and/or acting or claiming to act in the name and/or on behalf of the Company, its subsidiaries and affiliates as well as their respective shareholders, directors, officers and employees, for any reason whatsoever.
Users must behave responsibly, lawfully, courteously and respectfully on the Site with regard to the rights of other users of the Site, the Company, its affiliates and third parties.
In particular, the user must refrain from:
- uploading to the Site, displaying, sending by e-mail or transmitting by any other means any element containing software viruses, or other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or any telecommunications equipment;
- disrupt or interrupt the operation of the Site, servers or networks connected to the Site or violate any requirements, procedures, rules or regulations relating thereto;
- harm or attempt to harm the operation of the Site, in particular by exposing the Site to a virus, causing a consultation overload (bandwidth), overloading the server, sending "spam" or overloading the Site's messaging service;
- consult confidential information of the Company which is not intended for it or access a server or account operated by the Company and which the user is not authorized to access;
- seek to assess, observe or test the vulnerability of the Site, and/or breach the security or authentication measures of the Site without the prior written consent of the Company;
- engage in any illegal activity or any other activity that may harm the rights of the Company, its suppliers, service providers, retailers, advertisers or other persons, and to encourage third parties to engage in such activities;
- upload to the Site, transmit, post or otherwise make available any unsolicited or unauthorized advertising or promotional materials, junk mail, spam, chain letters or any other form of solicitation;
- upload to the Site, post, email or otherwise transmit any content that the Company reasonably considers, in its sole discretion, to be unlawful, harmful, defamatory, offensive, racist, vulgar, obscene, threatening, violent, contrary to public morals, invasive of a person's privacy, derogatory or shocking, particularly from a racial or ethnic point of view, or any other objectionable content;
- send by email or transmit by any other means any content of the Site to persons who are not of legal age to consume and/or purchase alcohol in their place of residence or who reside in a place restricting or prohibiting advertising for alcoholic beverages.
Each user undertakes to comply with all applicable laws, rules and procedures relating to the behavior of users online and the transmission of technical data.
Where applicable, and to the extent permitted by law, the Company may terminate at any time a user's right of access to the Site if the latter does not comply with the obligations incumbent upon him under applicable law, the General Conditions of Use and/or any other document, without prejudice to the Company's right to claim damages.
4.5 Reporting illegal content
Users may report any inappropriate content to the Company by sending an email to the following email address: contact@domainedesperches.wine
5- Intellectual property
5.1 Protection of the content of the Site
The Site www.domainedesperches.wine taken as a whole, as well as each of the elements that compose it taken independently, in particular the specific programs and developments and the contents including brands, logos, domain names, graphics, photographs, still or animated images, sounds, texts, data, product descriptions whether visual and/or audio may contain confidential information and data protected by intellectual property law or any other applicable law. Thus, unless otherwise stated on the Site, the intellectual property rights on the Content of the Company are the exclusive property of the Company, or of third parties who have granted it a license, and the user is not granted any license or any other right than that of consulting them on the Site.
Any reproduction and any use of copies of the Content of the Site made (in whole or in part) for commercial purposes, in any manner whatsoever and in any form whatsoever, are expressly prohibited and would constitute an infringement punishable by Articles L.335-2 et seq. of the Intellectual Property Code.
The User is also prohibited from copying, modifying, creating a derivative work from, assembling, decompiling, assigning, sublicensing or otherwise transferring any right relating to the Company Content or the Site.
5.2 – Trademarks and Logos
The trademarks and logotypes appearing on the site are trademarks registered by the company SARL CHATEAU ARNAUD JOUAN, the rights to which it has acquired.
Any reproduction, imitation or use, in whole or in part, of these distinctive signs without express authorization and in violation of the prohibitions provided for in Articles L.713-2 et seq. of the Intellectual Property Code shall incur the liability of their author.
Other distinctive signs, in particular company names, trade names, signs, domain names reproduced on the site are the property of the company SARL CHATEAU ARNAUD JOUAN or third parties, and any reproduction without express authorization may constitute usurpation incurring the liability of its author.
6- Personal data
The terms of processing of personal data on the Site are defined by the Site's Privacy Policy available on the Site.
7-Liability
7.1- User Liability
All hardware and software required to access and use the Site remain the exclusive responsibility of the User, who remains solely responsible for the proper functioning of his equipment and his access to the Internet. It is therefore up to him to take all appropriate measures to protect his own data, computer systems and/or software from contamination by possible viruses. The User is solely responsible for his use of the Site.
7.2 Liability of the Company SARL CHATEAU ARNAUD JOUAN
SARL CHATEAU ARNAUD JOUAN implements all reasonable means at its disposal to ensure quality access to the Site. The Site is accessible 24 hours a day, 7 days a week except in the event of force majeure or the occurrence of an event beyond the control of the Company and subject to any breakdowns and maintenance interventions necessary for the proper functioning of the Site.
The Company reserves the right to interrupt, temporarily suspend or modify without notice access to all or part of the Site, in order to ensure maintenance, or for any other reason, without the interruption giving rise to any obligation or compensation of any kind whatsoever.
The Company cannot, moreover, be held responsible for any malfunction of the network and/or servers or any other event beyond its control, which would prevent or degrade access to the Site.
The Company cannot guarantee the accuracy, precision or completeness of the information made available to users on the Site.
The Company provides access to the Site free of charge and, to the extent permitted by law, declines all liability, including in the following cases:
- for any interruption of the Site;
- in the event of the occurrence of bugs, computer viruses, display or download errors;
- for any inaccuracy or omission relating to the Content available on the Site;
- for any damage resulting from fraudulent intrusion by a third party;
- and more generally for all direct and indirect damages, whatever the causes or consequences, which may arise following access to the Site and resulting from any information coming directly or indirectly from the Site.
8-Applicable law and competent jurisdiction
These T&Cs and the Privacy Policy referred to are governed by French law.
Any dispute relating to the interpretation, validity and consequences of these T&Cs will attempt to be resolved amicably.
In the absence of an amicable resolution, unless otherwise required by law, any dispute concerning these General Terms and Conditions shall fall under the exclusive jurisdiction of the competent court within the jurisdiction of the Bordeaux Court of Appeal, including in the event of an appeal on guarantee, multiple defendants or summary proceedings or on application