FOREWORD
Château de Poncié, a simplified joint stock company with a single partner (SASU), with a share capital of EUR 3,000,000, registered in the VILLEFRANCHE-TARARE Trade and Companies Register under number 504 521 360, whose registered office is located at Château de Poncié in FLEURIE (69820) (hereinafter referred to as "Château de Poncié"), publishes and operates the website that can be accessed at the following address: www.chateaudeponcie.fr (hereinafter referred to as the "Website")
The purpose of the Website is to:
- introduce the User to the history of the Fleurie wine estate,
- offer Château de Poncié wines for sale,
- allow the User to book different activities (vineyard tours, wine tastings...).
The purpose of these General Terms and Conditions of Use (hereinafter “Terms of Use") is to define the characteristics, terms and conditions of use of the Website as well as the rights and obligations of any User of the Website.
Any use of the Website implies the acceptance of these Terms of Use. The User is deemed to have read and accepted them by checking the box: "YES, I AM 18 YEARS OLD AND OVER AND I ACCEPT THE TERMS OF USE".
1. DEFINITIONS
Capitalized terms in these Terms of Use, including in the foreword above, whether used in the singular or plural, shall have the meanings ascribed to them in this section.
- Terms of Use: the present General Terms and Conditions of Use.
- Customer: means any natural person who has already placed an order with Château de Poncié.
- Customer Account: the account created by a Customer prior to any access to the Customer Area on the Website. It is accessible via the Username and Password and allows the User to access all the features of their Customer Area.
- Personal Data: any information relating to an identified or identifiable natural person (also referred to as a "data subject"). An "identifiable natural person" is one who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, or to one or more factors specific to his or her physical, physiological, genetic, mental, economic, cultural or social identity.
- Customer Area: the space accessible to each Customer via his or her Customer Account, the functionalities of which are described in article 3 of the Terms of Use.
- Username: means the specific e-mail address by which the Customer will identify him/herself in order to connect to his/her Customer Area. The Username is always accompanied by a Password.
- Password: the Customer's own secret term that must accompany the Username to enable him/her to connect to his/her Customer Area. In accordance with the recommendation of the CNIL (French Data Protection Authority), Château de Poncié recommends that the Password be made up of at least 12 characters including upper- and lower-case letters, numbers and special characters chosen from a list of at least 37 possible special characters.
- User: any natural or legal person browsing the Website.
- Website: website published and operated by Château de Poncié and accessible via the following URL: www.chateaudeponcie.fr.
- Device(s): the various media (in particular computer, smartphone and tablet) on which the Website is accessible.
2. AGREEMENT AND MODIFICATIONS OF THE TERMS OF USE
The present Terms of Use of the Website constitute a contract between the User and Château de Poncié. They become effective upon acceptance by the User and continue to apply throughout the use of the Website.
Before continuing to browse, the User must confirm that he/she is of legal age and that he/she has read, understands and accepts these Terms of Use without reservation, by checking the box provided for this purpose.
Château de Poncié reserves the right, at its sole discretion, to modify and update the Terms of Use of its Website to reflect changes in its Website and/or changes in laws or regulations.
In order to be fully informed, the User must periodically consult the sections to which he/she wishes to refer and read the present Terms of Use.
The User accepts these Terms of Use without reservation and agrees to comply with all of their provisions.
3. DESCRIPTION OF THE CUSTOMER AREA
An area on the Website is available to Château de Poncié Customers, comprising the main functions described and listed in the tabs below:
- "Dashboard" allowing the visualization of the orders in progress, the delivery address and the information of the Customer;
- "My Orders" summarizing the Customer's orders;
- "My Addresses" listing the different addresses of the Customer with the possibility of modifying them;
- "My Information", which summarizes the personal information of the Customer, with the possibility to modify it.
4. SETTING UP A CUSTOMER ACCOUNT - ACCESS TO THE CUSTOMER AREA
Access to the Customer Area is reserved exclusively for Château de Poncié Customers who have previously created a Customer Account. This access is free of charge (subject to the costs associated with accessing and using the Website).
If the Customer does not yet have a Customer account, he/she must click on the "Login" tab in the top right corner of all the pages of the Website, then click on the button: "Create an account".
The Customer must then complete the registration form and fill in the required fields:
- Title (Mrs./Mr.);
- Surname, name;
- Address;
- Postal code/City;
- Country;
- Phone;
- E-mail address;
- Password
before confirming the creation of his/her account by clicking on the "Create my account" button.
Each Customer may create only one account.
During the registration process, the answers to the registration form are mandatory and necessary for the creation of the Customer Account. Failure to answer any mandatory field may jeopardize the Customer's registration.
The Customer will receive an e-mail at the e-mail address he/she has previously provided and will finalize the activation of his/her Account.
Once his/her Customer Account has been created, the Customer will have permanent and secure access to his/her Customer Area.
The Customer acknowledges that any connection established using his/her Username and Password shall be deemed to have been made by him/her.
Any modification in the Personal Data transmitted by the Customer must be updated online through his/her User profile.
In the event of a lost or stolen Password, a Password reset procedure is provided on the Website by clicking on "Forgot your password?”
The Customer will then have to indicate the e-mail address he/she gave when opening their Customer Account and click on "reset password". An e-mail containing a link to be clicked in order to reset the Password will then be sent to the Customer. The Customer will be redirected to the Website where he will be invited to change his Password.
5. LIABILITY - USER RESPONSIBILITIES
The User declares that the computer configuration, both hardware and software, used by him/her is free of viruses and in perfect working order.
In view of the technical limitations of the Internet and the constraints specific to the maintenance of the Website, Château de Poncié cannot guarantee the User uninterrupted access to the Website.
All costs associated with accessing and using the Website are the sole responsibility of the User (Device and Internet access). The User is solely responsible for the correct functioning of his/her Device and for the quality and speed of his/her Internet access.
The User is hereby informed that the content of the Website is provided by Château de Poncié for information purposes only.
The Website is reserved for the private use of the User, who is prohibited from using the Website and its contents for commercial, political or advertising purposes and for any form of commercial solicitation, in particular by sending unsolicited e-mails.
The User of the Website is required, within the framework of its use, to respect the laws and regulations in force and to adopt an ethical behavior.
6. WEBSITE MANAGEMENT
For the proper management of the Website, Château de Poncié may at any time:
- suspend, interrupt or limit access to all or part of the Website, reserve access to the Website or to certain parts of the Website to a specific category of Users;
- Remove any information that could disrupt its operations or violate national or international laws;
- suspend the operation of the Website in order to carry out updates.
7. HYPERLINKS
The Website is independent of any other website or Internet resource with which it is linked or connected by a hyperlink or a technical process of the same nature.
Users wishing to create a hyperlink to the Website and/or any page of the Website and/or a file must first ensure that the context in which this hyperlink is integrated does not infringe the rights of third parties and/or the image of Château de Poncié.
Château de Poncié is not responsible for any hyperlinks from this Website to other resources available on the Internet.
Château de Poncié has no control over the content of third-party websites. The existence of a hyperlink between the Website and a third-party website does not mean that Château de Poncié should assume any guarantee and/or responsibility for its content or the use that may be made of it.
Thus, Château de Poncié cannot, under any circumstances, be held responsible: of
- the editions and the contents of the documents appearing on these websites;
- the use of trademarks, logos and other distinctive signs of the said websites reproduced after the opening of the hyperlink;
- the completeness and integrity of the information provided by these other websites.
Château de Poncié invites the User to inform it of any broken or erroneous hyperlink or of any link to any content that it deems to be inappropriate.
8. COPYRIGHT
The Website and each of its components, with the exception of any third-party trademarks that may be cited (and identified as such), and in particular the texts, articles, press releases, presentations, brochures, illustrations, photographs, computer programs, video sequences, animations, sounds, etc., are the exclusive intellectual property of Château de Poncié or may be freely used by the latter, either because they are free of rights or because a license has been granted for this purpose.
Any reproduction, in whole or in part, of the Website or its content without the express prior authorization of Château de Poncié is prohibited and may constitute an act of infringement punishable under articles L. 335-2 et seq. of the French Intellectual Property Code.
No provision of the Terms of Use, nor browsing the Website, implies a transfer of property rights relating to the Website to any of the Users. The User is only authorized to display the Website on the screen of his/her Device and to temporarily reproduce the files that make it up in the cache memory of said Device for the sole purpose of facilitating the browsing of the Website.
In particular, and subject to the provisions of the preceding paragraph, the User is not authorized to reproduce, represent, modify, translate and/or adapt, in whole or in part, whether in exchange for payment or free of charge, the Website and/or each of its components, or to reproduce and/or represent translations, adaptations and modifications, whether in whole or in part, whether in exchange for payment or free of charge, without the prior written consent of Château de Poncié.
In the absence of a response or a reaction from the latter, silence on the part of Château de Poncié shall not be deemed to constitute acceptance.
The fact that Château de Poncié has not initiated proceedings upon becoming aware of such unauthorized use does not constitute acceptance of said use or a waiver of legal action.
As an exception to the preceding paragraphs, Château de Poncié authorizes the User to download onto the hard disk of his/her personal computer any documents belonging to Château de Poncié that may be made available to the User in the form of electronic files specifically for the purpose of downloading them. These files may only be downloaded via hyperlinks that reproduce the words "download product sheet", "download map" or any other wording authorizing the User to download these files.
In this case, and unless otherwise expressly indicated on each of the documents mentioned, the User is authorized to keep one copy of these documents and to print them only for strictly private use. In particular, the User may not distribute these documents to third parties, in any medium (paper and/or digital) and by any means (e-mail, distribution by means of a tangible medium and/or storage on a server).
Any short quotation must include a reference to the Website and to Château de Poncié and, where applicable, the name of its author.
9. PERSONAL DATA PROTECTION
The Privacy Policy and the Cookie Policy attached to these Terms of Use form an integral part of these Terms of Use and describe the conditions under which Château de Poncié makes use of the User's Personal Data.
10. SUSPENSION AND CLOSURE OF THE CUSTOMER ACCOUNT
- 10.1 Closing of the Customer Account
Any Customer may unsubscribe at any time, without having to give reasons, and close their Customer Account. This request must be sent to Château de Poncié exclusively by e-mail to contact@chateaudeponcie.com and will become effective upon receipt by Château de Poncié. An e-mail confirming the closure of the Customer Account will be sent to the e-mail address previously provided by the Customer.
The disposal of Personal Data is governed by the provisions of the Privacy Policy.
- 10.2 Temporary or permanent suspension
If Château de Poncié considers that the Customer does not comply with all or part of these Terms of Use, in particular with the provisions relating to the User's responsibilities and to intellectual property rights, it reserves the right to suspend (temporarily or permanently) access to the Customer Area and/or the Customer Account at any time.
Château de Poncié shall notify the Customer of the decision by sending an e-mail to the e-mail address previously provided. The Customer may, if he or she wishes, provide explanations.
In light of the explanations provided, Château de Poncié will decide whether or not to lift the temporary suspension in place.
11. CHATEAU DE PONCIE'S RELATIONSHIP WITH USERS
For any questions or complaints relating to these Terms of Use and more generally to the use of the Website, the User may contact Château de Poncié by :
12. CONSUMER OMBUDSMAN
In accordance with the provisions of the French Consumer Code, Users who are consumers (defined as "any natural person acting for purposes that do not fall within the scope of his or her commercial, industrial, artisanal, liberal or agricultural activity") are reminded that they have the right to have access, free of charge, to a consumer ombudsman for the purpose of the amicable resolution of the dispute between them and Château de Poncié.
If the User's request for a complaint to Château de Poncié is unsuccessful or if the latter fails to respond within two (2) months, the User may submit the dispute with Château de Poncié to the FEVA Consumer Ombudsman, which will attempt to bring the parties together in an independent and impartial manner with a view to reaching an out-of-court settlement.
Referral to the Consumer Ombudsman must be made within a maximum period of one (1) year from the date of the User's written complaint to Château de Poncié.
In addition, the European Commission has set up a dispute resolution platform to collect complaints from consumers after an online purchase and forward them to the relevant national ombudsmen. This platform can be accessed at https://webgate.ec.europa.eu/odr.
13. APPLICABLE LAW - LITIGATION
The present Terms of Use are subject to French law. Any dispute arising from the existence, interpretation, performance or effects of these Terms of Use and the use of the Website in general shall be brought before the competent French courts.
