Legal notice SCA Les Vignerons Créateurs

Legal Notice and Website User Terms and Conditions

Your continued browsing on this site constitutes the unreserved acceptance of the provisions and terms and conditions of use which follow.

The current online version of these terms of use is binding only for the site’s duration of use and until a new version replaces it.

Article 1 – Legal Information

1.1 – 

Site (hereinafter « the Site »): www.vigneronscreateurs.com

1.2 – 

Publisher (hereinafter “the Publisher”): Les Vignerons Créateurs SCA, whose registered office is located at: 31 bis rue d ‘Arles, 30127 Bellegarde, RCS Nîmes, SIREN number 775878648, and represented by Mr Bruno MANZONE, in his capacity as President,

Phone number: +33 (0)4 66 01 10 39

ADEME ID: F206068_01KSLS

Email :  contact@vigneronscreateurs.com 

Director of publication: the legal representative of the company that is the Publisher of the Site

1.3 – 

Design and production: SAS Hey Joe!, 1 place Emile Char, 84800 L ‘Isle sur la Sorgue.

Data controller: Les Celliers des Vignerons Créateurs, SAS

1.4 – 

Website host (hereinafter “the Host”): Hey Joe !, an SAS with a capital of €1,000, whose registered office is located at: 1 place Emile Char, 84800 l ‘Isle-sur-la-Sorgue, RCS Avignon, SIREN number 884017021, represented by Mr FERRARI Guillaume, in his capacity as Chairman, and Mrs RIEHL Johannie, in her capacity as Chief Executive Officer,

Phone number: +33 (0)7 56 80 80 70

Email : hello@heyjoe.agency  

Article 2 – Site Access

Access to the Site is reserved for adults. The Publisher reserves the right to request any justification of age for access to the Site and when using the online ordering services.

Access to and use of the Site is for strictly personal use only. You agree not to use this Site and the information or data contained therein for commercial, political, advertising purposes and for any form of commercial solicitation, and, in particular, the sending of unsolicited emails.

Article 3 – Site Content

All brands, trademarks, photographs, texts, comments, illustrations, animated or still images, video sequences, sound recordings, and all ICT applications that may be used to operate the site, and more generally all the items reproduced or used on the site, are protected by the intellectual property laws in force.

Site content is the full and entire property of the Publisher or its partners. Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of these elements, including computer applications, without the prior written consent of the Publisher, are strictly prohibited. The fact that the Publisher does not initiate proceedings as soon as it becomes aware of these unauthorised uses does not constitute acceptance of said uses and waiver of prosecution.

Article 4 – Site Management

For the proper management of the Site, the Publisher may at any time:

– suspend, interrupt or limit access to all or part of the site, reserve access to the site or to some parts of the site, to a given category of web users;

– delete any information that may disrupt its operation or contravene national or international laws or ‘Netiquette’ (responsible on-line digital behaviour rules);

– Suspend the site in order to carry out updates.

Article 5 – Responsibilities

The Publisher shall not be held liable in case of failure, breakdown, difficulty or operational interruption, preventing access to the Site or to its functionalities.

The tangible and intangible material for connection to the Site that you use is your sole responsibility. You must take all appropriate measures to protect your equipment and your own data, in particular from viral attacks via the Internet. You are also solely responsible for the Sites and data you view.

The publisher cannot be held responsible for any legal action against you:

– resulting from the use of the site or any service accessible via the internet;

– due to your non-observance of these terms and conditions.

The Publisher is not liable for any damage to yourself, to others and/or to your equipment caused by your connection or your use of the site, and you hereby waive any action against the Publisher as a result.

If the Publisher becomes the subject of an amicable or judicial proceeding caused by your use of the site, it can bring legal action against you in order to obtain compensation for any damage, costs and penalties that may arise from these proceedings.

Article 6 – Hypertext links

The installation of hypertext links by users to all or parts of the Site is strictly forbidden without the prior written authorisation of the Publisher, requested by Email at the following address: contact@triskalia.fr : (TO COMPLETE).

The Publisher is free to refuse this authorisation without having to justify its decision in any way. If the Publisher grants authorisation, this is in any event only temporary, and can be withdrawn at any time, with no obligation for the Publisher to justify such an action.

In any case, any link must be removed at the Publisher’s request.

Any information accessible via a link to other sites is not under the control of the Publisher who declines all responsibility regarding their content.

Article 7 – Protection of personal data

7.1 Collection of personal data
The personal data collected on this Site is as follows:

Opening an account

When creating a user’s account: the surname(s), first name(s), email address and date of birth.

Connection

When a user connects to the Site, it records, in particular: surname, first name, connection data, use, location and payment data.

Profile

The use of services provided on the Site allows a profile to be created, which may include an address and a telephone number.

Payment

In context of payment of products offered on the Site, the Site records financial data relating to the user’s bank account or credit card, the address for billing and delivery purposes, and also the user’s telephone number.

Communication

When the Site is used to communicate with other members, the data concerning the user’s communications will be temporarily saved.

Cookies

Cookies are used when navigating this Site. The user has the possibility to desactivate any cookies by changing browser settings.

7.2 Use of personal data and retention period depending on the uses
The purpose of the personal data collected from users is to provide the services of the Site, improve them, and maintain a secure environment. Specifically, the uses are as follows:

– access and use of the Site by the user; retention:

– operational management and optimisation of the Site;

– organisation of the conditions of use of the Payment Services;

– verification, identification and authentication of the data transmitted by the user;

– offer the user the opportunity to communicate with other users of the Site;

– implementation of user support;

– customisation of services by displaying adverts based on the user’s browsing history, according to their preferences;

– prevention and detection of fraud, malware (malicious software) and management of security incidents;

– management of any eventual disputes with users;

– sending of commercial and advertising information based on user preferences.

Personal data is kept in a form that allows the identification of data subjects for a period that does not exceed the time necessary for the purposes for which it is collected and processed.

7.3 Sharing Personal Data with Third Parties
Personal data may be shared with third party companies, in the following cases:

– when the user utilises the payment services, the Site is in contact with third party banking and financial companies with whom it has entered into contracts, in order to implement such services;

– when the user publishes, information accessible to the public in the ‘comments’ areas of the Site;

– when the user authorises a third-party website to access his/her/ data;

– when the Site uses the services of other service providers to provide user assistance, advertising and payment services. As part of the performance of these services, these service providers have limited access to the user’s data, and have a contractual obligation to use any data in accordance with the provisions of the applicable regulations on the protection of personal data;

– if required by law, the Site may transmit data to follow up on claims made against the Site and comply with administrative and judicial procedures;

– if the Site is involved in a merger, acquisition, transfer of assets or receivership procedure, it may be required to transfer or share all or part of its assets, including personal data. In this case, users would be informed before any personal data is transferred to a third party.

7.4 Retention of Personal Data Outside the territory of the United States of America

The user stores and processes the entrusted data on the territory of the European Union where the rules of European and national law apply.

In the event of a transfer of data to the territory of the United States of America, the storage and processing of the data would comply with applicable laws that may then differ from the laws applicable in the user’s place of residence within the European Union.

7.5 Security and Privacy
The Site implements organisational, technical, software and physical digital security measures to protect personal data from alteration, destruction and unauthorised access. However, it should be noted that the Internet is not a completely secure environment and the Site cannot guarantee the security of the transmission or storage of information on the Internet.

7.6 Implementation of users’ rights
Each User has the right to object, access, rectify and delete data concerning him/her/them:

– they can update or delete their data by logging into their account and configuring their account settings;

– they can delete their account, by writing to the following email address: contact@vigneronscreateurs.com . It should be noted that information shared with other users, such as forum posts, may remain publicly visible on the Site, even after their account is deleted;

– they can exercise their right of access, to know the personal data concerning them, by writing to the following email address: contact@vigneronscreateurs.com. In this case, before the implementation of this right, the Site may request proof of the user’s identity in order to verify its accuracy;

– if the personal data held by the Site is inaccurate, users may request the update of the information, by writing to the following email address: contact@vigneronscreateurs.com ;

– Users may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the following email address:- contact@vigneronscreateurs.com .

7.7 Evolution of this present clause
the Site reserves the right to make any changes to this clause relating to the protection of personal data at any time. If a change is made to this personal data protection clause, the Site undertakes to publish the new version on its Site. The Site will also inform users of the change by email, at least 15 days before the effective date. If the user does not agree with the changes made to the terms of the personal data protection clause, the user has the possibility to delete his/her/their account.

7.8 Data retention period

Depending on their use, the retention periods of the personal data will be as indicated in Article 6, 5° of the LIL (French Data Protection Act), where personal data must be “kept in a form allowing the identification of the data subjects for a period that does not exceed the duration necessary for the purposes for which they are collected and processed”, here, the legal retention period of the billing accounting documents (stated as 10 years in 2022).

Article 8 – Cookies 

The Site can automatically collect standard information. All indirectly collected information will only be used to monitor the volume, type and configuration of traffic using this site, to develop its design and layout and for other administrative and planning purposes, and to help improve the service we are offering you.

Article 8 – Photos and product representation

Product photographs, together with their description, are non-contractual and do not bind the publisher in any way.

Article 10 – Applicable Law

These current terms and conditions of use of the Site are governed by French law and are within the jurisdiction of the courts of Nîmes, subject to any specific assignment of jurisdiction stemming from a particular law or regulation.

Article 11 – Contact us

For any question, information about the products offered on the site, or queries about the site itself, please contact us at the following address: contact@vigneronscreateurs.com .