General Terms of Use
The Company CLUB DES CHATEAUX
ET DOMAINES SAS provides you website features and other products and services
when you visit and make purchases on the website www.chateaubeauchene.com (the
"website"). Please read these terms carefully before using the
website. By using the services offered by the website, you agree to be subject
to these conditions.
1.1. ELECTRONIC
COMMUNICATIONS
When you use the services
offered on the website or send us emails, SMS or other communications from your
fixed or mobile equipment, you communicate with us electronically. We will
communicate with you electronically by various means, such as by email, SMS, or
by posting emails or communications on the website. For contractual purposes,
you agree that all agreements, information, disclosures and other
communications that we send to you electronically fulfil all legal obligations
to communicate in writing, unless a specific mandatory law imposes another
method of communication.
1.
2. INTELLECTUAL
PROPERTY, COPYRIGHT AND PROTECTION OF DATABASES
All content present or made available
on the website, such as text, graphics, logos, buttons, images is the property
of the Seller, its affiliates or its content providers and is protected by
French and International Intellectual Property Law as well as copyright law and
database protection law. The compilation of all content present or made
available through the website is the exclusive property of the Seller and is
protected by French and international Intellectual Property law and database
protection law.
You must not extract and / or systematically reuse
parts of the content of the website without our express written permission. You
should not use a data extraction robot, or any other similar data collection or
extraction tool, to retrieve (in one or more times), to reuse a substantial
part of the website, without our express and written agreement. You also must
not create and / or publish your own databases that contain substantial parts
(i.e our prices and product lists) of the website without our express written
consent.
1.3. REGISTERED
TRADEMARKS
The graphics, logos, page
headers, buttons, scripts and service names included or made available on the
website are trademarks or visuals of the Seller. Seller's trademarks and
visuals may not be used for products or services that are not owned by the
Seller, or in any manner that could cause confusion among customers, or in any
manner that disparages or discredits the Seller. All other trademarks that do
not belong to the Seller and appear on the website are the property of their
respective owners, who may or may not be affiliated, related or sponsored by
the Seller.
1.4. LICENCE
AND ACCESS
Subject to compliance with
these Terms of Use and payment of all applicable sums, the Seller or its
content providers will grant you a limited, non-exclusive, non-licensable,
non-transferable license for the access and personal and non-commercial use of the
services offered on the website. This license does not include any right to use
the website or its contents for sale or any other commercial use; collection
and use of a product listing, descriptions, or product price; any use derived
from the website or its content; any download or copy of account information
for another merchant; or any use of a data suction robot, or other similar tool
for collecting or retrieving data. All rights not expressly granted to you in
these Terms of Use remain the property of the Seller or its licensees,
suppliers, publishers, rights holders, or any other content provider. No
website service or any part of it may be reproduced, copied, sold, resold,
visited or exploited for commercial purposes without our express written permission.
You must not frame or use framing techniques to insert
any trademark, logo or other commercial information (including images, text,
layouts or forms) of the Seller without our express written permission. You
must not misuse the website. You must use the website as permitted by law.
Licenses granted by the Seller will terminate if you fail to comply with these
Terms of Use.
1.5. YOUR
PERSONAL ACCOUNT
You may need a personal
account to use certain arrangements of the website and you may be required to
log into the account and have a valid payment method associated with it. If you
have a problem using the payment method you selected, we may use any other
valid payment method associated with your account.
If you use any services offered by the website, you
are responsible for maintaining the confidentiality of your account and
password, restrictions on access to your computer and other equipment, and
within the limits of what is authorized by Applicable law, you agree to be
responsible for all activities that have been conducted from your account or
with your password. You must take all necessary steps to ensure that your
password remains confidential and secure and must inform us immediately if you
have reason to believe that your password is known to anyone else, or if the
password is used or likely to be used in an unauthorized manner. You are
responsible for the validity and completeness of the information you have
provided to us and must inform us of any changes in this information. You can
access your information in the "your account" section of the website.
You must not use the website in a manner that could
cause, or be likely to cause, interruption, damage, or alteration thereof, or
for any fraudulent purpose, or in connection with any crime or illegal
activity, or for the purpose of causing disturbances or nuisances. We reserve
the right to deny access, close an account, remove or modify content if you are
in violation of applicable laws, these Terms of Use or any other terms,
conditions, guidelines or policies of the Company.
1.6. ORDER
6.1. STAGES OF
CONCLUSION OF THE CONTRACT
To place an order, you first accumulate an online
shopping basket by choosing the selected products and the desired quantities,
and afterwards clicking on the “Place Order” button and then entering
information about delivery and the means of payment.
You acknowledge a payment obligation by clicking on
the “Payment Approving Order” button, in compliance with the terms of Art. L.
221-14 of French consumer protection legislation (the Code de Commerce).
Before clicking on this button, you can verify the
details of your Order and its total price, download the GSCs and the
cancellation form, and return to previously-visited pages to correct possible
errors or modify the order if desired.
After confirming the content of your order, you
finally approve it by making payment. The order will only be firm after
paying the corresponding price.
To comply with the terms of Art. 1127-2 of French
civil law (the Code Civil), an email acknowledging the Order and its payment
will be sent by the Seller without unjustifiable delay.
After conclusion of the contract, and by not later
than the moment of delivery, in compliance with Art. L. 221-13 of French
consumer protection legislation, the Customer will receive – in durable form –
an order confirmation email itemizing the products ordered, the price including
VAT, and the delivery charges, with a copy of the GSCs and the cancellation
form.
6.2. MODIFICATION OF THE ORDER
Any modification to the Order by the Customer after
confirming the Order is subject to acceptance by the Seller.
6.3. ARCHIVING AND PROOF
Messages, Order forms and invoices will be archived on
a reliable and durable medium, to constitute a faithful and durable copy in
compliance with Article 1348 of French civil law (the Code Civil),
the which copy will be compliant with Article 1379 of French civil law.
These messages, Order forms and invoices can be
produced as proof of the contract and its conditions.
6.4. UNAVAILIBILITY OF ORDERED GOODS
As stated in Art. 6, if products ordered are not
available for delivery, the Seller will immediately inform the Consumer, and
may propose another product of equivalent quality and price.
If the Consumer does not agree, he/she/it is reimbursed
amounts paid within fourteen days after making payment.
1.7. PAYMENT
7.1. MOMENT OF
PAYMENT
Products ordered are payable in full at the time of
ordering, in euros.
An invoice established in euros including VAT will be
issued by the Seller and sent to the Customer at the specified billing address.
In the event of non-payment or rejection of payment
authorization by an accredited organization, the Order will be rejected.
7.2. TERMS OF PAYMENT
Payment is made immediately during ordering, by
payment card, or by bank check sent to the Seller's registered offices address,
such as stated in Article 1.1, or by money order or transfer.
1.
8. PROTECTION
OF PERSONAL DATA (GDPR)
GENERAL
In the context of the order and / or the use of the
products, services or services via the Site, and after their consent has been
collected for this purpose, and in compliance with the stipulations below, the
Site User/customer personal data are collected by CLUB DES CHATEAUX ET DOMAINES
SAS. Indeed the information collected through the form that the user/customer
has completed or the use of the Site (navigation data and connection) are
required to meet the User/Customer’s requests, and are intended for the seller
– as “controller” for processing the data - for administrative and commercial
management purposes, as well as for its contractual partners who contribute to
the provision of the services offered, in particular for the home delivery of
products .
The personal data collected by the CLUB DES CHATEAUX
ET DOMAINES SAS can also be used within the framework of direct marketing
operations carried out by mail, SMS, MMS or email, but only after the prior
consent of the customer. In accordance with the legal obligations, the seller
retains this information in conditions of reinforced security and with
durations limited in time, proportional to the purposes for which the Customer
has communicated them to him. They are only used for these purposes: more specifically
to process the Customer's orders via the Site, to allow the Customer to benefit
from the services offered by this Site, if appropriate to send the Customer
business proposals likely to interest him, or to send back to the Customer the
information he may have requested from the seller by filling out questionnaires
or sending an e-mail, via the "Contact" section or by any other
equivalent section.
PERSONAL DATA OBJECTS OF A COLLECTION
The personal data collected are as follows:
(i) the information provided by the User by completing
the forms relating to the creation of his account and / or relating to his
orders and / or relating to his identification, or by communicating with the
seller (by any means of communication or online communication, or by answering
questionnaires or satisfaction surveys);
(ii) in particular the name, type, date and place of
birth of the Client / User, as well as his contact details such as his postal
address, his e-mail address, telephone numbers, electronic signature, possible data
of his card national identity (and in any case its age to the extent that
products are reserved for adults);
(iii) as well as in particular the information
relating to the contractual and commercial relationship between him and the
seller (in particular the details of the products and services ordered by the
Customer);
(iv) the banking (banking coordinates, card numbers)
and transactional information of the Customer;
(v) as well as data collected through cookies and
similar technologies used on the Site (including IP addresses) and in
electronic messages to recognize the Customer, remember his preferences and,
where appropriate, to present him with content likely to interest him.
This personal data can only be communicated to the
seller by the Clients concerned by the said personal data and each User is
prohibited from communicating personal data of another person and / or personal
data which does not do not concern.
LEGAL INFORMATION AT THE DESTINATION OF THE USER
The legal information required to be given to the
Client, notified to the User before his / her personal data are collected, and
separately from any other information, in accordance with the provisions in
force, are as follows:
(a) Identity and contact details of the person
responsible for the processing of personal data (hereinafter 'processing'):
The identity and contact details of the Person in
charge of the processing of personal data are as follows: the company CLUB DES
CHATEAUX ET DOMAINES SAS, registered with the Trade and Companies Register
under the number 410 869 531, of which the head office is located at 1452 Route
de Beauchêne, 84420 PIOLENC, taken in the person of its CEO Michel BERNARD.
(b) Contact details of the Data Protection Officer:
User / Customer requests regarding personal data that
can be addressed to:info@chateaubeauchene.com
(c) Purposes of the treatment:
The purposes of the processing for which the personal
data are intended are as follows:
(i) identification of persons ordering products via
the Site and / or services or services accessible via the Site;
(ii) delivery and / or realization by the seller of
products and / or services ordered by the Customer;
(iii) management of products or services ordered and /
or used by the Customer;
(iv) prospecting and / or sending information to Users
/ Customers.
(d) Legal basis of treatment:
The legal basis of the treatment is as follows:
(i) the processing is necessary for the execution of
the contractual relationship that the User wishes to establish with the Seller
by ordering and / or using services and / or services, such personal data being
necessary for the delivery products or performance of services ordered by the
User;
(ii) the processing is also necessary to protect the Seller's
legitimate interests by allowing him to retain evidence of transactions with
the Customer and / or, where appropriate, recover;
(iii) the processing is based on the consent of the
User wishing to order products and / or services or services via the Site;
(iv) the treatment being administered in accordance
with the provisions of Law No. 78-17 of 6 January 1978 as amended by the
so-called "LIL 3" Law, and of EU Regulation 2016/679 of 27 April 2016
(RGPD) and other provisions applicable law (hereinafter the "Regulations
in force").
(e) Recipients of personal data:
The recipients of the personal data are: the personnel
of the Seller in charge of the realization and / or the management of the
products or services ordered and / or used by the Customer, the delivery and /
or realization by the seller of the products, services and / or services
ordered and / or used by the User, as well as, as the case may be, the
subcontractor service providers involved in the performance of these services
and having to intervene as such on the treatments (only when necessary) , being
then specified that in such a case this is done in compliance with the current
regulations applicable to subcontractors.
(f) Transfer of personal data;
The User / Customer is informed that the data
controller may, if necessary, transfer his personal data to a third country or
to an international organization subject to an adequacy decision issued by the
European Commission being specified that, in the case of a transfer to a
country or an international organization not subject to a decision of adequacy,
this can only be done if the appropriate safeguards and that the Users
concerned have enforceable rights and effective remedies, under the conditions
of the Regulations in force.
(g) Retention period of personal data:
Your personal data are kept for a period of time in
accordance with legal provisions or proportional to the purposes for which they
were recorded. Some retention periods meet the legitimate interest of the
seller.
The personal data being necessary for the realization,
the management and / or delivery of the orders realized via the Site, the
personal data of the Customer are kept as long as the Customer is likely to be
able to place orders, that is to say as long as he has not stated his intention
to no longer be a customer of the Seller or to no longer see his personal data
stored, via a request made by him addressed to the following address: info@chateaubeauchene.com
(in accordance with the stipulations below).
The retention periods vary depending on whether we
have a current contractual relationship (you are an active customer), that we
have had with you in the past a contractual relationship (you are an inactive
customer) or that we have never had with you such relationship (you are then a
prospect). The data related to your browsing on our online services collected
by the cookies you have authorized have a specific shelf life.
The table below lists the main retention periods for
your data.
Data Category | Purposes | Conservation period |
Data concerning a prospect | ||
All data | Constitution and management
of a prospect file | 3 years from the data
collection or from the last contact that was established with the prospect. |
Data concerning an active
client | ||
All Data | Management of client’s account | During the whole contractual
relationship |
Data concerning an inactive
client | ||
Data related to the
execution of the contract | Management of client’s
account, orders, deliveries, billing and payment | 5 years after the end of the
contract or from the last contact that was established with the inactive
client |
Identification and contact data – inactive client | Sending information on the
evolution of our offers | 5 years after the end of the
contract or from the last contact that was established with the inactive
client |
Identification and contact
data – Newsletters subscribers and/or web account | Sending information on the
evolution of our offers | 3 years from the
unsubscription or from the last contact established with the client |
Data generated by the
cookies | ||
Data related to your
browsing on our online services | Operation and optimization
of services Attendance measures. Customization of content and advertisements | 13 months maximum |
In any case the Seller, regularly
reviews the information he holds. When their retention is no longer justified
by legal, commercial or customer account management requirements, or if they
have used a modification or erasure right, they will be securely deleted.
(h) Rights of the User / Customer that can be
exercised with the controller:
The User / Customer is informed of the existence of
his right to ask the person in charge of the
treatment (as identified above):
- access to his personal data and any available
information as to their source;
- rectification or erasure of these;
- a limitation of the processing of his personal data;
- the opposition of the User to the processing of his
personal data;
- the opposition of the User at any time to the
processing of his personal data for prospecting purposes, including profiling;
- the portability of his personal data under the
conditions of the Regulation in force, which states in particular that the
persons concerned by the processing of such data have the right to receive the
personal data concerning them which they have provided to a person in charge of
processing, in a structured, commonly used and readable format, and have the
right to transmit this data to another controller without the data controller
being the subject of the data being obstructed when (i) the processing is based
on consent under the Regulations in force, or a contract under the Regulations
in force, and (ii) where the processing is carried out using automated
processes, provided that the data subject exercises his or her right the
portability of his personal data, he has the right to have them directly from
one controller to another, where technically possible.
- the withdrawal by the User, at any time, of his
consent to the processing of his personal data (without prejudice to the
lawfulness of the treatment based on the consent made before the withdrawal of
the latter).
The exercise by the User of his rights as identified
in this (h) is carried out by means of a request made by him and addressed to
the following address: CLUB DES CHATEAUX ET DOMAINES SAS, 1452 ROUTE DE
BEAUCHENE à 84420 PIOLENC – Tel. +33 (0)4 90 51 75 87;info@chateaubeauchene.com. Where
necessary, it is stipulated that the exercise by a User of his right to the
erasure of his personal data and / or the exercise of his right to object to
the processing of his data and / or the exercise of his right to a limitation
of the processing of his personal data and / or his right to withdraw his
consent at any time to the processing of his data (in accordance with the
stipulations referred to above) leads to the possibility of products or the
performance of the services ordered and / or used by the Client, so that in
such cases:
(i) as of the exercise by the User of the said rights,
he will no longer be able to access the services and services delivered by the
Seller via the Website;
(ii) if these rights are exercised at the time of the
order of products or services, then said order cannot be made;
(iii) and, if the Customer holds an account, this
account receiving his personal data will be deleted.
(i) Complaint to the CNIL
The User / Customer is informed of the right to lodge
a complaint with the supervisory authority, the National Commission for Data
Processing and Freedoms (CNIL): 3 Place de Fontenoy - TSA 80715 - 75334 Paris
07.
(j) Information on the contractual nature of the
supply of personal data
As part of the provision to the User / Customer of
information on the question of whether the requirement of supply of personal
data is of a regulatory or contractual nature or whether it determines the
conclusion of a contract and whether the person concerned is obliged to provide
the personal data, as well as on the possible consequences of the non-supply of
these data, the following information is brought to its attention:
(i) the request for the supply of personal data is of
a contractual nature (within the framework of the relationship that the User
wishes to establish with the seller by placing an order for products or
services and / or using its benefits);
(ii) the provision of such data, in that it is
necessary for the delivery / realization of the ordered goods / services, conditions
the conclusion of this contractual relationship;
(iii) as such the User is obliged to communicate his
personal data if he wishes to order and / or use products / services from the
seller via the Site;
(iv) the non-provision of such personal data does not
permit the ordering of products / services from the Seller.
(k) Automated decision making
It is stated that the personal data collected does not
lead to automated decision-making within the meaning of the Regulations in
force.
(l) Possible further processing of personal data
In the event of further processing of the personal
data for purposes other than those for which the data was collected and as
identified above; the controller shall provide the data subject with prior
information to the data subject. subject of this other purpose and any other
relevant legal information required.
1.9. COOKIES
Traffic data and the cookies
planted by CLUB DES CHATEAUX ET DOMAINES SAS plants on your computer are used
to enable recognition of the Customer during a future visit, to personalize the
Site with the Customer's name, to secure transactions that the Customer may
perform, to temporarily remember articles that the Customer may want to order,
until completion of the transaction, and to enable CLUB DES CHATEAUX ET
DOMAINES SAS to internally analyze the visitation of the Site's information
pages, so as to enhance their content. Data concerning the Customer's browsing
is not used in a personally-identifying form; such data is aggregated
statistics revealing the pages most and least popular, preferred paths, levels
of activity by day, week and hour of day, and the principal Customer or server
errors. Without cookies, CLUB DES CHATEAUX ET DOMAINES SAS cannot fulfill
certain requests. If a customer does not delete cookies (via the Web
Tools/Settings of his/her browser), the information is stored on their device
permanently. You can prevent the saving of such cookies by configuring your
browser as follows:
For Mozilla Firefox:
·
Open the “Tools”
menu and choose "Options"
·
Click on the “Privacy” icon
·
Look for the
“Cookies” menu and choose the settings you prefer.
For Microsoft Internet Explorer:
·
Open the “Tools”
menu, then choose “Internet Options”.
·
Click on the
"Confidentiality” tab.
·
Select the desired
level, using the pointer.
For Chrome:
·
Click on this
icon in the Chrome menu
·
Choose Settings.
·
At the bottom of
the page, click on “Show advanced settings”.
·
In the “Privacy”
section, choose the “Web content” settings.
·
Select the
desired level in the cookies section.
·
Click on OK
For Safari:
·
Open the “Preferences” menu.
·
Click on the
“Security” tab.
·
Click on “Only
from visited sites”.
For Opera:
·
Open the “Preferences” menu.
·
Click on the
“Privacy and Security” tab.
·
Click on “Enable
creation of local data” in the “Cookies” section.
For SRWare Iron (Mac):
·
Go to Preferences.
·
In “Settings”,
choose “Show advanced settings”.
·
Choose “Privacy” / “Content Settings”.
·
Make your
desired choices in the cookies section.
Personal information harvested
is only intended for the Publisher and Seller. It undergoes the processing
necessary for handling the Order and managing relations with the Customer.
In compliance with the French law 78-17 of January 6,
1978, subsequently amended, the Customer is within his/her/its rights at any
time to exercise a right of opposition, access, modification, rectification and
erasure in respect of their personal information.
To exercise this right, the Customer should contact
the publisher and Seller, CLUB DES CHATEAUX ET DOMAINES SAS, Online Sales
Customer Service, at CLUB DES CHATEAUX ET DOMAINES SAS, 1452 ROUTE DE
BEAUCHENE à 84420 PIOLENC, by calling +33 (0)4 90 51 75 87 or by emailinfo@chateaubeauchene.com.
The personal information gathered by CLUB DES CHATEAUX
ET DOMAINES SAS may also be used for direct marketing operations by postal
mail, text message, multimedia message or email, after the Customer's prior
consent has been granted. However, CLUB DES CHATEAUX ET DOMAINES SAS may also
use personal information for marketing operations involving similar products.
The Customer can oppose the use of his/her personal information for marketing,
data harvesting or any future purpose, by writing to the Seller at the
above-mentioned address.
1.
10. MODIFICATION
OF THE SERVICE OR TERMS OF USE
We reserve the right to make
changes to the website to our procedures, terms and conditions, including these
Terms of Use at any time. You are subject to the terms and conditions,
procedures and conditions of use in effect at the time you use the website. If
any provision of these Terms of Use is deemed invalid, void, or unenforceable,
for any reason, that provision shall be deemed severable and shall not affect
the validity and enforceability of the remaining provisions.
1.11. WAIVER
If you breach these Terms of
Use and we take no action, we will always be entitled to use our rights and
remedies in all other situations where you violate these Terms of Use.
1.12. MINORS
We do not sell products to
minors. If you are under 18, you may only use the website under the supervision
of a parent or guardian. Product offers containing alcohol are intended for
adults. You must be at least 18 years of age to purchase alcohol or use any
alcohol feature on the site.
1.13. SETTLEMENT
OF DISPUTES
Before any problem or
complaint evolves into a dispute, the Customer is invited to contact us, either
by email via the “Contact” page, or by email or postal mail to the Sales
Administration Department,
CLUB DES CHATEAUX ET DOMAINES SAS, 1452 ROUTE DE
BEAUCHENE à 84420 PIOLENC – Tél.+33 (0)4 90 51 75 87 ;info@chateaubeauchene.com.
Any differences that persist despite this prior
reconciliation attempt, concerning the validity, the interpretation, the
fulfillment or non-fulfillment, or the freezing or termination of the contract,
can be put to the consumer affairs mediation process.
Under the terms of Art. L. 612-1 of French consumer
protection legislation, every consumer has the right to free-of-charge recourse
(except any costs of having oneself represented by a lawyer) to a consumer
affairs arbitrator in view of arriving at an out-of-court settlement of the
dispute with a professional service provider, within one year following the
filing of a written complaint with the Seller's organization.
Consumers can usefully consult the following sites
about this subject:
·
concerning the
consumer affairs mediation process in France:www.mediation-conso.fr
·
concerning
disputes with parties in other countries: European Consumer Centre
France:www.europe-consommateurs.eu
In compliance with Article L.
616-2 of French consumer protection legislation (the Code de la Consommation),
the Customer is hereby informed that there is an online resource maintained by
the European Commission for registering complaints about online purchases by
European consumers, for their subsequent hearing by national arbitrators with
due jurisdiction; this European platform for extrajudicial settlement of online
commerce disputes is available at:https://ec.europa.eu/consumers/odr/.
In the case of French Customers, in the interim until
the appointment of a consumer affairs arbitrator for its particular field of
business, the Seller proposes referral to the Centre for Mediation and
Arbitration of Paris (CMAP, Consumer Affairs Mediation Service, 39 Avenue
Franklin D. Roosevelt, 75008 PARIS; website:www.cmap.fr).
Barring special exceptions, a dispute may only be
heard by one single arbitrator. The settlement proposed by the arbitrator is
not obligatorily binding on the Parties to the contract.
In the event of a dispute concerning the contract, a
Consumer always has the possibility of filing a conventional arbitration case
or of recourse to any alternative dispute settlement process.
1.14. APPLICABLE
LAW
E-commerce is subject to the
legislation of the member State in which the person involved in the transaction
is resident, when such is the common intention of the parties, notably the
person being the recipient of the goods.
Any physical person or moral entity conducting
e-commerce is duly liable to the buyer for the proper fulfilment of its
obligations resulting from the contract, whether these obligations are to be
fulfilled by itself or by other service providers, without prejudice to its
right of recourse against these parties.
The sales contract and these GSCs are subject to
French law. However, Customer’s resident in another member State than France is
not deprived of the protection granted by the obligatory provisions of
legislation in their country of residence.
In the event that an out-of-court settlement cannot be
achieved, disputes concerning orders placed on the Site will be under the sole
jurisdiction of French courts, even in cases of multiple defendants and
invocation of guarantee coverage.
1.15. LEGAL
INFORMATION
The website belongs to CLUB
DES CHATEAUX ET DOMAINES SAS
CLUB DES CHATEAUX ET DOMAINES
SAS, 1452 ROUTE DE BEAUCHENE à 84420 PIOLENCinfo@chateaubeauchene.com.
SAS au capital de 38.112,25 euros
RCS AVIGNON 410 869 531
Telephone : +33 (0)4 90 51 75 87
Directeur de la publication : Amandine BERNARD
Hébergeur :
SHOPIFY