Terms of use – October 2017


Article 1: Object

The purpose of these general conditions of use (hereafter the "Terms of Use") is to define the legal framework of the modalities of provision and use of the services of the site, available by ‘the User’ via the URL www.lesvinotonautes.com. Access to the Service by the User means acceptance of these terms and conditions of use.

 

www.lesvinotonautes.com (hereafter "Les vinotonautes") reserves the right to modify unilaterally and at any time the content of these Terms. In case of modification, the new version of the Terms of Use will replace the previous version. It will be disseminated and applicable by right and with immediate effect to the Users, without this inducing any prejudice.

 

In case of non-compliance by the User of these Terms, Les vinotonautes reserves the right to suspend without notice access to the Service.

 

ARTICLE 2: Definitions

The purpose of this clause is to define the various essential terms of the contract:

 

User: this term refers to any natural person over eighteen (18) years of age, who is capable of concluding contracts under French law and who uses all or part of all services.

 

User content: this is the data transmitted by the User within the site.

 

Member: the User becomes a member when identified on the site.

 

Login and password: this is all the information needed to identify a user on the site. The username and password allow the User to access services reserved for members of the site. The password is confidential.

 

Professional: this term refers to any natural or legal person engaged in a wine or wine business, to the production and sale directly to the public.

 

Service: this term refers to the technological platforms for searching and booking wine-growing activities, including tastings, according to various criteria.

 

ARTICLE 3: Access to the Service

The Service is accessible free of charge anywhere to any User having access to the Internet. All costs incurred by the User to access the Service (hardware, software, Internet connection, etc.) are at his expense.

 

The non-member User does not have access to reservation, rating and notification services reserved for members. For this, he must identify himself using his username and password. The creation of a unique and personal account allows the User to access the Service and book activities offered by the Professionals, while enjoying the features specific to the registration of his personal and banking information.

 

The Service implements all the means at its disposal to ensure quality access. The obligation being of means, the Service does not undertake to achieve this result.

 

The Service provides Professionals with a set of tools to plan and update their availability to accommodate Users in the context of bookable services. In this way, the Service guarantees to do its utmost to ensure that the availability is effective, without being held responsible for the reliability and the good performance of the schedule of each Professional. In the event of unavailability of a Professional, the User agrees to be contacted by the Service in order to make a new reservation.

 

The cost of booking an activity on the service is set by the Professional, according to its business practices.

 

The Service does not guarantee the User that he is satisfied with the products, services and / or commercial practices that he has obtained following a reservation with one of the Professionals through the service. In addition, the User expressly acknowledges that the photos on the web and mobile platforms are not contractual.

 

The User reserves on the platforms a day and hour available from the selected Professional. Then the Service sends the User the summary of his reservation by email and / or SMS after the confirmation of the Professional.

 

If the User has an impediment or changes his mind, he must inform the Service by using the function  ‘cancellation of the reservation’. The Service will take care of the cancellation with the Professional.

 

The Service invites the User, if and only if he reserves an activity through the platforms, to rate the Professionals on the quality of the reception / of the proposed activity, and this only after having visited the Professional. The User is informed that his rate filled in on the platform will be averaged with those entered by the Users for each Professional.

 

The user is informed that each opinion may, after moderation, be rejected for the following reasons:

 

- if the Service considers that its civil or criminal liability may be engaged

- If the content (text, image, document, or any other media), including the identity of the author, contains insults or profanity, is inappropriate, is unintelligible, irrelevant or irrelevant to the subject rated, contains personal data that is not public, includes web addresses (URL) or email or is similar to spam.

 

The Service reserves after moderation the right to delete the profile of the User as well as the user contents in case of repeated non-compliance with the rules relating to the filing of opinions.

 

The moderation of opinions is intended to ensure compliance with the rules of good conduct set out above. Each review will be moderated humanly within a week following its validation for publication. The User is informed that he can be contacted by the Service for the purpose of verifying the authenticity of his opinion, by email or telephone. In accordance with the law of January 6, 1978 amended in 2004, the User has a right to access, modify, rectify and delete data concerning him, as well as a right to object for legitimate reasons. The User may exercise these rights at the following address hello@lesvinotonautes.com

 

ARTICLE 4: Intellectual Property

The trademarks, logos, signs and other content of the site are protected by the Code of Intellectual Property and more specifically by copyright.

 

The User assigns to the service all the intellectual property rights that may be attached to the content he or she publishes (such as notices and comments for example), expressly without charge, without any other consideration than the one consisting in the right to benefit from the service, and especially the economic rights on the contents recorded and / or put online by him on the Solution, including (without being limiting) the rights of representation, reproduction, translation, adaptation, modification, exploitation, use, whether partially or totally, in any form whatsoever, on any current or future support, for the entire legal term of copyright, in France and around the world, for any purpose commercial or not.

 

The User requests the prior authorization of the site for any reproduction, publication, copy of the various contents.

 

The User agrees to use the contents of the site in a strictly private setting. Use of content for commercial purposes is strictly prohibited.

 

ARTICLE 5: Personal Data

In accordance with the provisions of the law n ° 78-17 of January 6, 1978, modified in 2004, lesvinotonautes.com website has been the subject of a declaration to the Commission Nationale Informatique et Libertés, under the number 2084629.

 

The information required for registration on the site is necessary and mandatory for the creation of the account of the User and the proper use of the service. In particular, the email address and phone that can be used by the site for the administration, management and animation of the service.

 

In order to facilitate and streamline the user's overall experience on the Platforms, the User is informed that browsing "cookies" are installed in his computer when he connects to the Site. The shelf life of these cookies in the User's computer is 13 months. It is possible to oppose the registration of cookies by configuring the browser software according to their documentation.

 

Given the nature of their exchanges and in particular the dematerialization of their relationship, the Service and the User agree that all the computer records in the Service's information system have, in case of dispute, proof value.

 

ARTICLE 6: Hypertext links

Many outgoing hypertext links are present on the site, however the web pages where these links lead do not engage the responsibility of Les vinotonautes who does not control these links.

 

The User is therefore prohibited to engage the responsibility of the site concerning the content and the resources relating to these outgoing hypertext links.

 

ARTICLE 7: Evolution of the contract

The site reserves the right at any time to modify the clauses stipulated in these Terms.

 

ARTICLE 8: Duration and Termination

The duration of this contract is indefinite. The contract is effective with the user from the use of the service.

 

ARTICLE 9: Applicable Law and Jurisdiction

French law applies to this contract. In case of absence of amicable resolution of a dispute born between the parties, only the courts of Nîmes are competent.

 

Prevention against alcoholism

In accordance with Article L. 3342-1 of the Public Health Code, the sale of alcoholic beverages to minors is prohibited. All offers on the website and IOS and Android applications are therefore reserved for adults over eighteen (18) years of age and with legal capacity.

It is also recalled that the abuse of alcohol is dangerous for health and that alcohol is to be consumed in moderation. For information adapted to the health of each surfer, Les vinotonautes advises users to refer to their doctor.

Les vinotonautes also recalls that the consumption of alcohol is prohibited to minors and that it is forbidden to receive in the bars drinking minors under sixteen who are not accompanied by their father, mother, guardian or any other person over eighteen years of age with charge or supervision.