Terms and Conditions
The object of the present general conditions is to define the conditions of use of the website proposed by the Editor, the company Roads Of Wine, accessible at URL www.roadsofwine.com (hereafter “Roads of Wine”) and of the applications, functionalities which are associated with it.
Each visit on Roads Of Wine implies acknowledgement and acceptance, without reserve or without conditions, of the present general conditions of use (hereafter ” GCU “) which are applicable to the whole of the Services proposed on Roads of Wine,
Is considered User (hereafter “User”) any person who visits the website, makes a partial or full use of the website of Roads of Wine and/or of its functionalities (“Services”).
Roads of Wine reserves the right to modify the GCU at any moment and without prior notification. In case of modification, the new version of the GCUs replaces the former version and will be applicable to the User from its publication on Roads of Wine.
In case of disrespect of the present GUC on the part of the User, Roads of Wine reserves the right to suspend the access to the Roads of Wine Services without prior notice.
ALCOHOL ABUSE IS DANGEROUS FOR HEALTH.
It is the User´s responsibility to undertake all the verifications which seem to be necessary or opportune before submitting any registration for an event and/or service purchase to the Organisers present on the Website.
Namely, in case of pregnancy and whatever the registered service be, it is recommended that the User requests his physician´s previous notice, as well as that of the Organiser with whom he considers taking advantage of the service. The same goes for any person subject to whatever health troubles they are.
As far as minors are concerned, parents are obliged to verify if they are authorised to have access to the service.
DESCRIPTION OF THE SERVICE
a) Events or services proposed on Roads of Wine
Roads of Wine allows the presentation of events or of a service of oeno-touristic leisure proposed by means of a fee or free of charge by physical or moral persons independent of Roads of Wine, hereafter the ” Organisers “.
The object of Roads of Wine is to establish a relationship between the Users and the Organisers.
When the Organiser allows it, Roads of Wine offers the User the possibility to register for some events or to reserve services online.
Roads of Wine intervenes between the User and the Organiser as an intermediary who puts at their disposal the technical means
for a quick relationship, through the mediation of Roads of Wine. In this capacity, Roads of Wine cannot guarantee the Organisers´ products, services or namely commercial practices which are presented on Roads of Wine.
b) Possibility of registrations for events or services online.
Roads of Wine allows the User to search for and to register for events or services free of charge or by means of a fee online, with Organisers, with or without prior appointment. In its capacity as technical intermediary, Roads of Wine cannot materially verify the accuracy of the information that was collected from the Organisers in real time and cannot guarantee this availability. However, the event organiser has 72 hours at his disposal to validate or to invalidate a registration request. This lapse of time allows the organiser to verify the availability of his event before firmly confirming it to the user.
Any litigation between a User and an Organiser must be directly treated between them. However, if need be, Roads of Wine commits itself to transmitting the possible grievance to the Organiser responsible for the event, without being possible to deduce that the obligation to provide a result is Roads of Wine s responsibility as far as the settlement of the litigation is concerned.
c) Creation of a User Profile and associated personalised Services
The User has the possibility of creating a User Profile accessible on Roads of Wine, which allows him namely to buy or to reserve services – this list not being considered restrictive – without being obliged to recapture his data
and to follow his purchase history.
The creation of a profile by the User is not subject to the purchase of a service or to the participation in an event by means of a fee on Roads of Wine. Thus it is possible to have a Profile at one´s disposal and to take advantage of the Services Roads of Wine proposes only free of charge, such as, for example, to participate in free events or follow a group of people.
Roads of Wine might not be considered responsible for any prejudice which would result from the creation of several Profiles by the same User.
The mentions relative to the protection by the User of his personal data, which had been captured, constitute the object of a specific article in the present GUC.
d) Creation of an event at the Organiser´s capacity on Roads of Wine
Every Organiser is necessarily also considered a User in the sense of the present GCU. This means that the Organiser is obliged to respect, besides his specific obligations, the obligations which derive from his capacity
as a simple User.
MODALITIES OF THE USE OF THE WEBSITE
The access to Roads of Wine and its use by the Users are free of charge.
The organisation of an event and/or the proposal of any service by means of a fee or free of charge by the Organiser on Roads of Wine leads to a
remuneration to the benefit, according to the following modalities:
The Roads of Wine deduct a commission from the on the services sold and confirmed on the website.
a) Online payment modalities
In the case of service purchase or of registration for an event by means of a fee by the User, it will be paid directly by the User on Roads of Wine. Consequently the reservation for a service by means of a fee on Roads of Wine can occur only from the finalisation of the online payment operation by the User and by its validation by the Organiser on.
The User is informed that, according to the legislation applicable in regard to payment service and namely to the dispositions of the financial and monetary Code, Roads of Wine has recourse to the Services of a third establishment specialised in the online payment treatment, namely the PAYPAL company.
In this regard, Roads of Wine draws the Organisers´ attention, particularly of the non-professionals that, in the application of the article R561-23 of the monetary and financial Code, (Court of Valence – Drôme), the establishments for payment communicate TRACFIN (information treatment and action against the clandestine financial circuits) [the French Intelligence Service of the Finance Ministry] and their Control authority “the customer´s identification elements, the type, the reference and the date of the operation as well as its amount, the designation of the counterpart establishment and of its customer” for the operations of an amount superior to 1000 € or for the operations of a cumulated amount superior to 2000 € per month.
The information relative to the online payment establishment will figure on the web page the User will be directed to in order to finalise his payment online.
b) Time limit for cancellation
A service purchase or the inscription for an event by means of a fee with the Organiser´s validation leads to the obligation of immediate payment on Roads of Wine and to the User´s renunciation of his cancellation right, except the Organiser´s agreement to the contrary.c) Delay, postponing and cancellation of the appointment
In case of delay for the event reserved with an Organiser, the User will not be able to request the repayment of the service neither from Roads of Wine nor from the Organiser, except agreement to the contrary on the part of the latter.
In the hypothesis that the User would like to postpone or to cancel its participation in an event, he will have to contact the Organiser directly at least 48 working hours in advance, the acceptance of this postponing or the cancellation remaining at the entire discretion of the latter.
Within the framework of the creation of a Profile, the User chooses an identifier and a password (hereafter Identifiers) allowing him to access his personal account.
The User commits himself not to disclose his identifiers and password(s) to third parties.
The User is responsible for the maintenance of confidentiality
as well as for the use made of his identifiers.
In this regard, the User is obliged to assure himself that, at the end of each session, he really disconnects from the Foodvin Services, particularly when he accesses the internet on a public computer.
Any access or use of the Services executed from a User´s account will be reputed to have been executed by the latter
PERSONAL DATA PROTECTION
Roads of Wine commits itself to respecting the legislation with regard to the personal data protection, i. e. namely the Law n° 78-87 of January 6th 1978 modified, denominated Informatique et Libertés [Informatics and Liberties].
a) Identity of the person responsible for the file
Roads of Wine is responsible for the file on which the personal data, the User communicated on the occasion of the use of Roads of WIne, will be retained.
b) Information addressees
The Roads of Wine Users´ personal data will be the object of automated processing of which only Roads of Wine authorised personnel and the Organisers responsible and authorised by Roads of Wine will be the addressees.c) Objective
The collection of the Users´ personal information carried out by Roads of Wine aims at permitting the access to Roads of Wine and its use, providing and managing the Services the User solicits, including namely, but not restrictively, Roads of Wine proposals which aim at making the User
benefit from the personalised information and Services, with his prior consent.
d) Transmissions that are being considered
Roads of Wine does not consider transmitting the personal data collected on Roads of Wine to third parties, except for the Organisers on their express demand and only to the Users who have reserved one of their event.
e) The Users´ right to their personal data
The Users have the rights to information, to communication and/or to rectification, in the case of inaccuracy about the personal data concerning them.
By implementing the applicable legislation, Roads of Wine will be able to follow up a request for the exercise of his rights to his personal data made by a user only by means of a written request, signed and accompanied by an identity justification.
Roads of Wine may not follow up the manifestly excessive demands (according to their number, their repetitive and systematic character).
The User has also at his disposal a right to oppose the fact that his data be the object of processing, which must be exercised according to the same modalities used with the rights exposed above, but with reserve to present, moreover, the existence of a legitimate motive for this request.
In order to exercise these rights, it is convenient to address a letter with Acknowledgement of receipt to the following address: Roads of Wine 2, Rue Pasteur 07300 Tournon
The User is informed that cookies are stored on his computer terminal (as on his smartphone, his tablet, for instance) when he connects to Roads of Wine. A cookie does not permit to identify a User. On the other hand, it registers pieces of information relative to the User´s navigation within the site (the pages that have been consulted, the date and the hour of the consultation, and so on), which can be read during posterior visits in order to facilitate the ergonomics of the visit and to improve the supply of the Services and to propose offers adapted to the User. The duration of the retaining of this information is 13 months from the first registration on the User´s terminal equipment (for instance computer). The User is the only one responsible for the configuration of his navigation logistics, namely as far as the registration of cookies is concerned.
a) Functioning of the internet networking
Considering the specificities of the internet networking, Roads of Wine does not guarantee service continuity since, in this regard, it is only obliged to provide means. Roads of Wine´s responsibility cannot be involved in the case of damages linked to the temporary impossibility of accessing the Services Roads of Wine proposes.
Taking into consideration the characteristics of the internet networking, the User namely acknowledges that it is impossible to guarantee that the data the User will have transmitted via internet will be completely securised. Therefore Roads of Wine´s responsibility will not be able to be involved in the case of an incident which undermines security and data protection. Hence the Users communicate their data at their own risks and perils. Roads of Wine commits itself to using all the means which are at its disposal in order to guarantee maximum security.
The User acknowledges that, generally speaking and in the state of the current technique, each time he provides personal information online, these pieces of information can be collected and used by third parties. Consequently the User relieves Roads of Wine of any responsibility or damaging consequence of the use by third parties of the information exchanged by means of the communication tools (namely the notices) Roads of Wine proposes.
b) Roads of Wine modifications
All the pieces of information, which are contained on Roads of Wine, are susceptible of modification at any moment, due to the website interactivity; Roads of Wines responsibility will not be able to be involved.c) Roads of Wine as technical intermediary
As a technical intermediary, which permits to establish a relationship between the Users and the Organisers, Roads of Wine makes every effort, but without any guarantee and without the responsibility for any obligation to produce a result, so that the pieces of information that are published be detailed, complete, verified or accurate.
This way the documents, pieces of information, descriptive forms and, in general, any content that is present on Foodvin are provided “as they are”, without any express or tacit guarantee of whatever kind.
The User expressly recognises that the photographs which are presented on Roads of Wine by the Organisers and/or Roads of Wine are not contractual.
d) Hypertext links
Roads of Wine is not responsible at all for the hypertext links towards third parties websites to which Roads of Wine sends personal data, for information, optional purposes and in a non-coercive way as far as namely the access, the collection and the processing of their content is concerned, and utilisation modalities (free of charge or by means of a fee).
Roads of Wine is not responsible either for the hypertext links which figure on third party websites and are directed towards Roads of Wine.
THE USER´S OBLIGATIONS
a) Communication of accurate, complete and updated pieces of information
The User commits himself to providing accurate and complete pieces of information and to keeping them updated, particularly the data which are necessary for his identification, in order to edit and maintain his Profile.
b) Respect for the Intellectual Property Rights linked to the Roads of Wine Website and each element which composes it, namely but not restrictively, the texts, pictures, photographs, illustrations, documents, etc., are, except special mentions, exclusive property.
Consequently, through the application of the dispositions of the Intellectual Property Code, of the legislative and regulatory dispositions of all countries and of the international conventions, any reproduction or representation, integral or partial, of Roads of Wine or of whatever element, which composes it, is prohibited as well as their alteration. Therefore any User is namely prohibited from adapting, arranging, modifying, correcting, associating, translating into any languages or discourses, putting onto the market, free of charge or in return for payment,
commercialising the whole of Roads of Wine or part of it or any of the elements which compose it, whatever the means and the support be.
c) Guarantee of the User´s great respect for the Intellectual Property Rights to the published contents.
The User guarantees to Roads of Wine that he is, directly or indirectly, the holder of all the intellectual or industrial property rights relative to the pictures, photographs, brands, drawings, models, …- this list not being restrictive – that he would publish on Roads of Wine and that, since they are derived or borrowed works, he has enough rights to use them on Roads of Wine and that it does not contravene the intellectual property rights of the author of the initial work or undermine people´s privacy nor their rights to their image or to their goods.
d) Cession of the intellectual property rights to the published contents
In an express way and free of charge the User cedes Roads of Wine the whole of his intellectual property rights possibly linked to the contents he publishes (such as photographs, notices and comments for example), and especially the patrimonial rights to the contents he registered and /or put online on Roads of Wine, including (without being restrictive) the rights of representation, reproduction, translation, adaptation, modification, exploitation, utilisation, partial or full , in any shape or form, on any support, present or future, for any legal duration of the copyright, in France and all over the world, with or without commercial objectives, without any other compensation than that which consists in the right to take advantage of the Roads of Wine Services.
DURATION – TERMINATION
The User is authorised to access Roads of Wine and to use its Services for an indeterminate duration.
The User can delete his Profile unilaterally.
In the case of the User´s failure to comply with one of the dispositions of the present GCU, Roads of Wine will be able to cancel the access to the Service(s) and to terminate his Profile, with full right, at any moment and without prior notice, and the User cannot raise any indemnity claim. Roads of Wine will have the right to claim indemnities destined to compensate for the prejudice it suffered, namely in the hypothesis in which the User is also an Organiser.
The User will be notified about the deletion of his profile by electronic mail by Roads of Wine, without the necessity of carrying out any other judicial or extrajudicial formality.
In any hypothesis, the present GCU will remain applicable until the permanent deletion of the contractual or quasi-contractual relationships between the User and Roads of Wine and namely when the User subscribed to a service or to an event, purchased or proposed them, free of charge or by means of a fee, previous to the deletion of his Profile.
APPLICABLE LAW AND JURISDICTION
The law which is applicable to the present CGU is the French law.
Any litigation between Roads of Wine and a professional Organiser will be of the competence of the Lyon Trade Court.
This website is edited by the company Roads of Wine, SIRET 79857613800019, SIREN 798576 138 and represented by M. CHARLIE LELEKTSOGLU.