Terms and conditions of use
The purpose of these Terms and Conditions of Use is to define the conditions for accessing, browsing and using the Site.
- The Company and the Site
The Site available under the domain name www.chateau-figeac.com is published by SCEA Famille Manoncourt, a French farm management company registered as no. 385 067 970 in the Libourne Trade and Companies register, having its registered office at Château de Figeac, 33330 Saint-Émilion (the “Company”).
The Site is a corporate website designed to present Château-Figeac, our estate, our wines and our activities on the internet. It is not intended for e-commerce purposes.
- Acceptance and amendment of the Terms and Conditions of Use
Any person who does not wish to accept these Terms and Conditions should refrain from using the Site.
These Terms and Conditions may change, and the Company reserves the right to amend or update them at any time. The Terms and Conditions of Use in effect are those accessible on the Site in the section “Terms and Conditions of Use” each time the User connects to the Site.
If they are amended or updated, the revised Terms and Conditions of Use will be placed online on the Site, including the date of the most recent update. Users should therefore check the Site regularly to keep informed of any change to or update of the Site’s Terms and Conditions of Use.
- Browsing the Site
3.1. Restricted access – Minimum age
Access to the Site is restricted to persons residing in countries where the consumption of alcoholic beverages is permitted and of a legal age to consume such beverages in their country.
If there is no such legal age in your place of residence, you must be at least 18 years old to access the Site.
3.2. Access to the Site
The hardware and software needed to access the internet and the Site are the User’s responsibility.
The Company reserves the right, at its sole discretion, to suspend or terminate access to all or part of the Site or the content or services offered on the Site without prior notice and without such action giving the User any entitlement to compensation.
Modifying elements of the Site software in order to obtain unauthorised access to the Site is strictly prohibited.
3.3. User behaviour
Users of the Site must behave in a responsible, lawful, courteous and respectful manner.
In particular, Users must refrain from:
- disturbing or interrupting operation of the Site, the servers or networks connected to the Site;
- seeking to harm the Site’s operation, in particular by exposing the Site to a virus, causing bandwidth overload, overloading the server, sending spam or overloading the Site’s email service;
- consulting information not intended for them or accessing a server or account that they are not authorised to access;
- seeking to assess, identify or test the Site’s vulnerability or infringing the Site’s security or authentication measures without the Company’s prior written permission;
- sending by e-mail or transmitting by any other means any content of the Site to persons not of legal age to consume alcohol in their place of residence or residing in a place where the advertising of alcoholic beverages is restricted or prohibited.
Where appropriate, the Company may at any time terminate Users’ right of access to the Site if they do not comply with their obligations under the Terms and Conditions of Use or any other document, without prejudice to the Company’s right to seek damages.
Alcohol abuse is dangerous to health.
- Protection of Site content – Intellectual property
All elements of the Site, including but not restricted to its structure, content, the information presented on it, illustrations, photographs, images, sound and video, articles, newsletters, presentations, brochures and computer programs, are protected by intellectual property and image rights. Either such content is the exclusive property of the Company or its affiliates, or the Company has obtained express permission to use it from third-party rights holders.
The Company grants Users who access the Site a personal, non-exclusive right to use the Site and its content. Consequently, Users undertake to respect intellectual property rights relating to the Site and the elements which comprise it, and in particular not to do the following without the Company’s prior written permission:
- reproduce, represent, modify, alter, translate, adapt or redistribute any element contained on or relating to the Site without the Company’s prior permission;
- redirect the Site or Services or use it or them for commercial purposes by offering them to third parties without seeking the Company’s express prior consent;
- extract, reutilise, store, reproduce, represent or retain all or any qualitatively or quantitatively substantial part of the Site, directly or indirectly, on any media, by any means and in any form whatsoever, or extract and reutilise in a repeated and systematic way any qualitatively or quantitatively insubstantial part of the Site where such operations plainly exceed the normal conditions of use of the Site.
Any above-mentioned action performed without the Company’s express permission is therefore prohibited and would constitute an infringement sanctioned by Article L. 335-2 et seq. of the French Intellectual Property Code.
In particular, the trade marks and logos (referred to jointly as the “Trade Marks”) reproduced on the Site are Trade Marks, registered or not, that belong exclusively to the Company or its affiliates. No element of the Site may be deemed to implicitly encourage or authorise use of the Trade Marks published on the Site. Any use requires the Company’s prior written consent.
Articles published on the Site are protected by copyright and may also constitute a database within the meaning of the French Intellectual Property Code, any unauthorised extraction from which is strictly prohibited.
However, by way of an exception to the foregoing, the Company authorises Users to download for their personal use documents belonging to the Company that are made available to them in the form of electronic files intended specifically for that purpose.
In such case, unless the Company expressly states otherwise, Users are authorised to keep a copy of such documents, print them and share them with third parties, free of charge, for their personal use only, provided that they do not alter them in any way.
Users may briefly quote such documents provided that they include the document’s title, the page or publication number, if any, the Company’s name and, where appropriate, the author’s name.
- Confidentiality / Personal information
The Company is careful to protect personal information transmitted by Users of the Site.
- Hypertext links
The Site may also enable Users, via hypertext links within sections, to access other websites, web pages or services published and provided by third parties. The Company does not control such sites or external elements. Consequently, the Company may not be held liable for such sites or external elements and shall incur no liability for content, advertising, products, services or any other element available on such sites or via an external link. Furthermore, the Company may not be held liable for any damage or loss, actual or alleged, consecutive on or related to the fact of accessing, using or trusting content, goods or services available on such sites or from such external sources.
- Warranties – Liability
7.1. Company’s warranties and liability
The Company undertakes to ensure, insofar as it is able, that information published on the Site is correct and up-to-date. However, the Company cannot guarantee the accuracy or completeness of information provided on the Site or of information from third parties.
In addition, the Company gives no warranty that the Site will be continuously accessible or available or that it is virus-free.
Users are solely liable for their use of the Site or of information provided from the Site. The Company may not under any circumstances be held liable for any direct or indirect damage arising from Users’ use of the Site or of such information.
Consequently, except where prevailing law dictates otherwise, the Company shall incur no liability for any:
- interruption of the Site;
- damage caused to devices, information technology, computer programs, platforms or any other element belonging to the User in connection with use of the Site;
- error or omission relating to information published on the Site;
- damage arising from unauthorised intrusion by a third party that has modified information provided on the Site;
- direct or indirect damage, whatever the cause(s), nature, origin or consequences.
- User’s warranties and liability
Each User states, acknowledges and warrants that they will use the Site in strict compliance with Article 3.3 of these Terms and Conditions of Use, in accordance with the regulations governing their activities, and that they will not incorporate any element into the Site that contravenes the prevailing laws and regulations.
Consequently, each User guarantees the Company against any legal or administrative action, complaint, claim or objection on the part of any administration or any natural or legal person invoking an infringement of any provision of laws or regulations, any prejudice or harm or any right or infringement of such right arising directly or indirectly from the User’s activity via the Site.
In such event, the User shall assume all the financial consequences arising therefrom, including but not restricted to legal fees, amounts awarded in connection with a court ruling, and compensation and costs of all kinds incurred by the Company.
Should a competent court find any stipulation of these Terms and Conditions of Use to be void or unenforceable, it shall be deemed non-existent. All other stipulations of the Terms and Conditions of Use shall remain in full effect unless their non-enforceability has a material effect on the equilibrium thereof.
The Company shall replace the stipulation deemed void or unenforceable with a valid and enforceable clause that as far as possible has the same effect as that which the stipulation deemed void or inapplicable should have had.
The titles of the articles included in the Terms and Conditions of Use are for reference only and shall not affect the construction of such Terms and Conditions of Use.
- Governing law and jurisdiction
The French courts have territorial jurisdiction to hear any dispute relating to the content and to use of the Site except where provisions to the contrary exist arising from Regulation 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels I).