These Terms and Conditions are intended to provide all conditions for access and use of the Site accessible at the address www.goldemotion.com.
Site publisher:
LA BOISSON EN OR (ci-après « LBO »)
SARL (limited liability Company) with €85,000 of capital
RCS DIJON no. 480 169 432
Headquarters: 11 Boulevard Clemenceau - 21200 BEAUNE – FRANCE
VAT Registration No.: FR 11480169436
E-mail: gold@goldemotion.com
Managing editor:
M. Jean-Christophe ROUSSEAU
Hosting:
21 Bd St Jacques - BP348 - 21209 Beaune – FRANCE
Tél : 03.80.22.48.97 - Fax : 03.80.24.05.08
Access to and use of the site accessible at the address www.goldemotion.com (hereinafter the "Site") imply tacit acceptance without reservation of these conditions by the User, in their latest on-line version.
By "User(s)" is meant herein any company or person connecting to and browsing the Site.
1. SITE DESCRIPTION
2. ACCESS AND AVAILABILITY
3. LIABILITY
4. INTELLECTUAL PROPERTY
5. PRIVACY AND PERSONAL DATA
6. MISCELLANEOUS
1. SITE DESCRIPTION
1. LBO offers on the Site on-line sales of alcoholic beverages, in particular, wine.
2. LBO also offers on the Site, solely for information purposes, editorial content organised by theme about LBO and the Products distributed through the Site.
3. For questions about the activities of and the products offered for sale by LBO, to which Users do not find an answer on the Site, Users are invited to contact LBO using the contact form available on the Site.
2. ACCESS AND AVAILABILITY
1. Access to the Site is free, and provided continuously and permanently, except in cases of Force Majeure or events beyond the control of LBO, and is subject to possible breakdowns and to technical, maintenance and updating operations necessary to the proper operation of the Site.
2. Moreover, because of the very nature of the Internet, LBO cannot guarantee 24/7 operation of the site.
3. LIABILITY
1. LBO strives to offer Clients the most reliable and highest quality information.
Each of the listings of Products for sale on the Site establishes a detailed description of the Product concerned.
This information originates exclusively from data provided by the manufacturers and suppliers of the products.
Photographs and graphics shown and illustrating the Products presented are purely for information purposes, and are therefore not contractually binding.
2. LBO does not however guarantee the accuracy, timeliness or completeness of the information on the Site, nor the compliance of said information with the use that Users may want to make thereof.
Accordingly, Users agree to use this information under their exclusive responsibility.
LBO cannot therefore be held liable for any direct or indirect damages suffered by the Users or by third parties who use this information as their source, more generally by browsing and using the Site.
3. In addition, LBO does not monitor sites linked to the Site via hyperlinks, and accepts no liability for these sites and the content therein.
4. INTELLECTUAL PROPERTY
1. All photographs shown on the Site, in particular those illustrating the Products, are de facto protected by copyright and other intellectual property rights and belong to LBO or to third parties having authorised LBO to exploit them.
Any reproduction or representation of any kind whatsoever, without authorization, of a photograph shown on the Site constitutes an infringement of copyright and will be prosecuted.
2. Similarly, all other data of any kind on the Site, in particular text, graphics, logos, icons, images, audio or video clips, software and characteristics of LBO's site, are de facto protected by copyright law, and all other intellectual property rights, and belong to LBO or to third parties having authorized LBO to use them.
3. LBO, In its capacity as publisher of the Site, grants to the User a private non-collective and non-exclusive use right of the data provided for under Articles 4.1 and 4.2.
The User undertakes in these conditions not to reproduce, summarize, modify, alter or redistribute without the express prior authorisation of LBO, any text, title, application, software, logo, image, graphics chart, trademark, information or illustration whatsoever for any purpose other than strictly private use, precluding all representation for commercial purposes or mass redistribution.
4. "LUXOR" and "COTE OR" are registered trademarks, which LBO is licensed to use. The User agrees not to make any use of these trademarks and not to impair their image in any way whatsoever.
5. Creating a hyperlink from a website to the Site shall require the express consent of LBO; LBO may withdraw this authorization at any time, without having to justify its decision to retract.
5.PROTECTION OF MINORS
Pursuant to Article L. 3342-1 of the French Public Health Code which states that the sale of alcohol to minors under sixteen (16) years of age is prohibited, the User commits, in accessing the Site and possibly purchasing Products, to be sixteen (16) years of age at the date of the order by ticking the appropriate box when creating their Client Account.
6. CONFIDENTIALITY AND PERSONAL DATA
1. In accordance with French Law No. 78-17 of 6 January 1978 on data processing, data files and individual liberties, and the decision of the CNIL (Commission Nationale Informatique et Liberté - the French Data Protection Authority) of 10 July 2006 replacing the requirement to declare websites by the procedure of declaring the processes associated with said site,LBO has declared its client/prospect file to the CNIL.
2. Pursuant to the Law of 6 January 1978, Users have the right to access data concerning them, and the right to modify, correct or delete such data.
3. All they need to exercise this right, is to send a letter or e-mail to the contact address shown at the beginning hereof.
4. Personal data about Users, collected directly through the forms and indirectly during their navigation towards and on the Site, and all future information, are intended only for exclusive use of LBO and of the transporters of the Products, as part of the implementation of services offered to Clients on the Site and for the compilation of statistics for internal use, and shall not be communicated or transferred to third parties, other than to technical service providers responsible for managing the Site, who are required to respect the confidentiality of the information and to use it only for the specific operation which they must perform.
5. User data will also be used to customize and enhance communication with them, in particular in the newsletters to which they may have subscribed.
6. To enable the use of the Site, Users are informed that one or more cookies (data file) will be placed on their hard drive for a limited time; these are automatically deleted from the hard disk when the Users close their browser.
The cookies contain no personal information; their role is mainly to identify Users when they connect to the Site and to facilitate browsing on the Site.
Cookies are also used to compile statistics regarding Site attendance and the methods of navigating through the Site, in particular to:
- Evaluate the traffic on the Site and its audience share: any person accessing the Site is assigned a unique cookie which is then used to determine how the Site is being used, and can help the server to target its advertisements based on the interests and behaviour of the Site's users;
- Assess the audience share of advertisers on the Site.
This cookie is retained on the User's computer for a period of six (6) months, after which, a new cookie will be automatically placed on the User's computer if the Client connects again to the Site.
Users may prevent their implementation by proceeding as follows:
For Mozilla Firefox:
1.Select the "Tools" menu then "Options"
2.Click the "Privacy" icon
3.Locate the "Cookies" menu and select the options that suit you
For Microsoft Internet Explorer:
13.Select the "Tools" menu then "Internet Options"
14.Click the "Privacy" tab
15.Select the desired level using the cursor
Nevertheless, this may result in a degradation of the use of the Site or make such use impossible.
7. MISCELLANEOUS
1. LBO reserves the right to change the provisions of these Terms and Conditions unilaterally.
The new provisions will govern from then on all relations between the parties, and only the new version shall prevail between them.
2. These Terms and Conditions of Use are subject to French law, both for the substantive and formative rules and only the French language version shall have probative force with respect to their interpretation.
Any dispute arising from the execution or interpretation of the provisions of this contract requires the parties to come together and to try and find an amicable solution to their dispute, before applying to the competent court.
