Legal notices

Object

The purpose of these General Conditions is to define the terms and conditions for making the site's services available. Wineswan Club , hereinafter referred to as “the Service” and the conditions of use of the Service by the User.

Any access and/or Use of the Service implies acceptance and compliance with all the terms of these Conditions and their unconditional acceptance. They therefore constitute a contract between the Service and the User.

In the event that the User does not wish to accept all or part of these general conditions, he is asked to renounce any use of the Service.

Definitions

User: The User is any person who uses the Site or one of the services offered on the Site.
User Content: The term “User Content” refers to the data transmitted by the User in the various sections of the Site.
Member: The term “Member” designates a user identified on the site.
Identifier: The term “Identifier” covers the information necessary to identify a user on the site to access areas reserved for members.
Password: The “Password” is confidential information, which the User must keep secret, allowing him, used in conjunction with his Identifier, to prove his identity.

Access to the service

The Service is accessible free of charge to any User with Internet access. All costs relating to access to the Service, whether hardware, software or Internet access costs, are the sole responsibility of the User. The User is solely responsible for the proper functioning of their computer equipment and their Internet access.

Certain sections of the site are reserved for Members after identification using their Username and Password.

The Service reserves the right to refuse access to the Service, unilaterally and without prior notification, to any User who does not comply with these conditions of use.

The Service implements all reasonable means at its disposal to ensure quality access to the Service, but is not bound by any obligation to achieve this.

The Service cannot, furthermore, be held responsible for any malfunction of the network or servers or any other event beyond reasonable control, which would prevent or degrade access to the Service.

The Service reserves the right to interrupt, temporarily suspend or modify without notice access to all or part of the Service, in order to ensure maintenance, or for any other reason, without the interruption giving rise to any obligation or compensation.

Intellectual property

The Service, including its content, is protected by the law in force in France. The Service is the exclusive holder of all intellectual property rights on the site and its content (texts, photographs, illustrations, images, logos, etc.).

The content reproduced on the Site is subject to copyright and its reproduction or distribution, without the express written authorization of the Service, constitutes an infringement punishable by criminal sanctions.

Wineswan Club is a registered name of the Service. Any unauthorized reproduction of these brands, logos and distinctive signs constitutes an infringement punishable by criminal sanctions. The offender is exposed to civil and criminal sanctions and in particular to the penalties provided for in Articles L. 335.2 and L. 343.1 of the Intellectual Property Code.

The User is solely responsible for the User Content that he/she posts online via the Service, as well as the texts and/or opinions that he/she expresses. The User expressly and freely assigns to the Service all intellectual property rights relating thereto, in particular the right of reproduction, representation and adaptation, for the legal duration of copyright protection. In particular, he/she undertakes that this data is not of a nature to harm the legitimate interests of any third parties. In this respect, he/she guarantees the Service against any recourse, based directly or indirectly on these remarks and/or data, that may be brought by anyone against the Service. In particular, he/she undertakes to take charge of the payment of any sums whatsoever resulting from recourse by a third party against the Service, including lawyers' fees and legal costs.

The Service reserves the right to remove all or part of the User Content, at any time and for any reason, without prior warning or justification. The User may not make any claim in this regard.

Personal Data & Data Processing

In accordance with article 34 of the “Informatique et Libertés” law, the Service guarantees the User a right of opposition, access and rectification of personal data concerning them.

The information collected on the contact forms is recorded in a computerized file by Scopika for the management of contact requests, services and is limited to what is strictly necessary in accordance with European regulations (GDPR). No data from the forms is transmitted to third parties.
They are kept for a maximum of one year and are intended for commercial or technical service only.

In accordance with the "Data Protection" law, you can exercise your right to access data concerning you and have it rectified or deleted by contacting us via our contact form

Cookies, Data collected

We use different cookies on the site to improve the interactivity of the site and our services. Third-party services such as YouTube, Google Analytics, Facebook, essential for the visualization of certain data or the creation of general statistics are also likely to deposit cookies.

Limitations of liability

The information disseminated on the Service comes from sources deemed reliable. However, the Service cannot guarantee the accuracy or relevance of this data. Furthermore, the information made available on this site is for purely informative purposes only and may not constitute advice or a recommendation of any kind whatsoever.

Consequently, the Use of the information and content available on the entire site, may not in any case engage the responsibility of the Service, in any capacity whatsoever. The User is solely responsible for the proper use, with discernment and spirit, of the information made available to him on the Site.

Furthermore, the user agrees to compensate the Service for any harmful consequences directly or indirectly linked to the use he makes of the Service.

Access to certain sections of the Service requires the use of a User ID and Password. The Password, chosen by the user, is personal and confidential. The user agrees to keep his password secret and not to disclose it in any form whatsoever. The use of his User ID and Password via the Internet is at the User's own risk. It is up to the User to take all necessary measures to protect his own data against any attack.

The Service nevertheless undertakes to implement all necessary means to guarantee the security and confidentiality of the data transmitted. The User is informed that one or more cookies, containing no personal information, may be placed on his hard drive in order to ensure his identification.

The User acknowledges being aware of the limitations and constraints specific to the Internet network and, as such, acknowledges in particular the impossibility of a total guarantee of the security of data exchanges. The Service cannot be held responsible for any damages resulting from the transmission of any information, including that of its identifier and/or password, via the Service.

The Service may not, under any circumstances, within the limits of applicable law, be held liable for damages and/or losses, direct or indirect, material or immaterial, or of any nature whatsoever, resulting from unavailability of the Service or any Use of the Service. The term "Use" must be understood in the broad sense, that is to say any use of the site whatsoever, lawful or not.

The User undertakes, in general, to comply with all regulations in force in France.

Force majeure

The Service cannot be held liable in the event of force majeure or events beyond its control.

Evolution of this contract: the Service reserves the right to modify the terms, conditions and notices of this contract at any time.

The User is therefore advised to regularly consult the latest version of the Terms of Use available on the Service.

Duration and termination

This contract is concluded for an indefinite period from the Use of the Service by the User.

Applicable law and competent jurisdiction

The rules of law applicable to the content and data transmissions on and around the site are determined by French law. In the event of a dispute that has not been settled amicably, only the French courts within the jurisdiction of the Clermont-Ferrand Court of Appeal shall have jurisdiction.