LEGAL TERMS
The following website www.veuve-clicquot.com is published by MHCS, Société en commandite simple :
• Share capital : 433.193.789,00 EURO
• Company registration number (RCS) Reims 509 553 459
• VAT number: 44 509. 553 459
• SIREN number : 509 553 459
• Head office address : 9 Avenue de Champagne, 51200 EPERNAY, France
• Phone number : +33326895440 For all requests relating to this website, please send an email to the following email address:
communication@veuve-clicquot.fr
For all requests relating to personal data processing, including the right for any natural person to object to the processing of any personal data relating to him or her, rectify, complete, update, block or delete personal data relating to him or her, please send an email to the following email address:
communication@veuve-clicquot.fr
The publication director of the website www.veuve-clicquot.com is Jean-Marc Lacave.
The website www.veuve-clicquot.com is hosted by LINKBYNET, 5-9 Rue de l'Industrie - 93200 Saint-Denis - France.
TERMS OF USE
The website www.veuve-clicquot.com (hereinafter, "Website") is website, published by MHCS - a French company with capital of 433 193 789 €, having its Registered Office at Epernay (51200 - France), 9 avenue de Champagne, registered with the Reims Trade and Company Register under N° 509 553 459. VAT FR 44 509 553 459- establishment Veuve Clicquot Ponsardin (hereinafter "MHCS").
The name and contact information of MHCS are set out in the legal notices of the Website.
By visiting the Website and especially by registering on the Website, User expressly agrees to these terms of use (hereinafter, "Terms of Use").
SUBJECT MATTER
The subject-matter of these Terms of Use is to define the terms and conditions applicable to the access, visit and use of the Website by Users.
DURATION
The Terms of Use come into force and take effect when User visits the Website and remains in force for duration necessary to the achievement of their purpose. Some provisions of the Terms of Use are by nature and regarding their purposes supposed to have effects after the termination of the Terms and Conditions, such as article "Liability" or "Intellectual property". These article will be maintained and have effect after the termination of the Terms and Conditions.
PERSONAL DATA
PERSONAL DATA COLLECTED AND PURPOSES OF THE COLLECTION
Among others, MHCS may collect the following personal data of each User (hereinafter "Personal Data"): Name, First name, Email address, Age Collection of certain Personal Data is mandatory (IP address, data marked by an asterisk in the relevant forms...). If such data is not collected, the Users’ requests cannot be satisfied and their navigation on the Website may become impossible.
MHCS collects the Personal Data of the Users who visit, register and/or sign-in on the Website.
Such Users are informed that the automatic processing of their Personal Data has been notified to the French Data Protection Authority (CNIL), in accordance with Act n°78-17 of January 6, 1978 modified, relating to data processing, data files, and individual liberties (hereinafter, "Data Protection Act").
MHCS is committed to protecting the Personal Data in accordance with the Terms of Use and the Data Protection Act.
DATA CONTROLLER (« RESPONSABLE DE TRAITEMENT »)
The data controller within the meaning of Article 32 of the Data Protection Act is MHCS.
USER’S RIGHT REGARDING THEIR PERSONAL DATA
Users shall have the rights detailed in Section 2, Chapter 5 of the Data Protection Act, including the :
• right to access their Personal Data collected on the Website,
• right to have them rectified,
• right to have them deleted,
• right to object to their processing, especially when they are processed for prospecting purposes.
Users shall be entitled to exercise such rights with the publisher of the Website, by mail and/or email at communication@veuve-clicquot.fr
Proof of identity shall be provided by User in such mail and/or email.
RECIPIENTS OF PERSONAL DATA-CONFIDENTIALITY
The following persons have access to Personal Data:
• MHCS’s employees, and/or
• those employees of companies who assist MHCS in the operation and/or exploitation of the Website, in particular employees of the company hosting the Website as referred to in the legal notices of the Website
Personal Data may be communicated to any third party, from time to time. However such communication may occur only if either:
• the relevant User gave his or her prior consent to the communication and/or sale of his or her Personal Data to third parties by ticking the box "ENTER" appearing in the Website’s registration form, or
• the laws and/or regulations allow MHCS to do so.
Should such communication to a third party be mandatory, MHCS shall, if it is reasonably possible inform User.
MHCS shall not be liable for any damage, loss, injury or harm arising out of or in connection with transmission by any User of any Personal Data to any other User or any third party, whether or not such transmission occurred through the Website.
COOKIES
MHCS uses "cookies" on its Website for the following purposes:
• to remember the user's age while browsing the site (and prevent the age gate from showing on every page)
Cookies are used to proceed to the following actions (hereinafter, the "Actions"):
• access to the information stored in the terminal equipment of the User, and/or
• registration of information in its terminal equipment
Such Actions may be performed without the relevant User’s consent in either one of two cases:
• if the exclusive purpose of such Actions is to allow and/or facilitate electronic communications, or
• if such Actions are strictly necessary to the provision of an online communication service provided by the Website on the express request of the User.
• Save for those two cases, the relevant User’s consent is necessary for Actions to be performed. Such consent may be obtained by ticking the box "Enter" in the welcome window of the Website.
Users may at any time retract their consent by leaving the site.
INTELLECTUAL PROPERTY
WEBSITE
The Website and software and databases related thereto are protected by intellectual property rights. They may also contain data protected by intellectual property rights.
MHCS, owns the intellectual property rights on:
• the Website,
• the Website’s structure and organization (the "Structure"),
• the documents and data contained in the Website and which have not been published by Users (the "Content of the Website")
• the software (the "Software") and databases (the "Databases") associated with the Website.
Except where French law and/or regulations permit to do so, Users are not allowed to reproduce, copy, modify, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish the Website, the Structure, the Content of the Website, the Software and the Databases unless the entity of MHCS which owns the specific intellectual property rights gives prior and specific written consent to do so. Users are exclusively allowed to consult the Website and use it in accordance with these Terms of Use.
To the fullest extent permitted by French law, Users shall not be entitled to reverse-engineer, decompile, disassemble or attempt in any way whatsoever to decode the source code of the Website, Structure, Content of the Website, Software, and/or Databases.
DATA BASE
As the producer of the Databases, pursuant to the French Intellectual Property Code, MHCS owns rights on such Databases. As a result, MHCS prohibits Users from:
• extracting, by the permanent or temporary transfer, all or a substantial part, qualitatively or quantitatively, of the contents of the Databases to another medium, by any means or in any form,
• reusing, by making available to the public all or a substantial part, qualitatively or quantitatively, of the contents of the Databases, in any form whatsoever,
• extracting or systematically and repeatedly reusing non-substantially qualitative or quantitative parts of the Databases when this exceeds the standard conditions of use of the Databases.
Users are forbidden to adversely affect or harm in any way the standard exploitation or functioning of the Databases or the interests of the Databases producer.
TRADEMARK AND DOMAIN NAME
MHCS owns many trademarks, including without limitation:
"Veuve Clicquot", "Veuve Clicquot Ponsardin", "Clicquot", Veuve Clicquot’s Logo, Veuve Clicquot’s Yellow Color, ...
All trademarks and logos visible on the Website, with the exclusion of the "Contents" and the"Protected Content", are the exclusive property of MHCS, except for the trademarks or logos owned by MHCS’s partners or subcontractors and whose trademarks or logos may be used on the Website.
MHCS is the owner of the domain name www.veuve-clicquot.com (hereinafter the "Domain name").
Users acknowledge and agree that MHCS owns any and all legal right, title and interest in and to the above-mentioned trademarks and Domain name, including any intellectual property rights.
Users shall not copy, modify, rent, lease, loan, sell, assign, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit or transfer any right on these trademarks, logos or Domain name without prior written permission of MHCS.
Users cannot reserve and/or buy domain names identical or similar to the Domain name in any generic or geographic extension. For these purposes, similarity to the Domain name includes among others things, addition or removal of characters and/or words.
HYPERTEXT LINKS
The Website may include links to other Internet websites.
Since MHCS cannot control these websites and services, MHCS cannot be liable for any damage, loss, injury or harm arising out of or in connection with those websites or services. Also, MHCS shall not be liable for any damage, injury, loss or harm arising out of or in connection with the contents, the advertising, the products, the services or any information or data that are available on or from these websites or services.
Users shall not generate hypertext links to the Website and/or shall not "frame" the Website, in whole or in part, without MHCS’s prior express written consent, which may be withdrawn at any time at MHCS’s discretion.
USER’S BEHAVIOUR
USER’S GENERAL OBLIGATIONS
Each User warrants:
• he or she is 21 years old or has the legal capacity of a 21 years old ,
• he or she uses and will use the Website for lawful and personal purposes,
• that all data he or she supplies is accurate, true and up-to-date.
Users shall act in a responsible, lawful, courteous and a respectful way on the Website towards other Users, MHCS, MHCS’s affiliates (hereafter "the Group") and any third party. It being precised that affiliates means in respect of any person, any person that controls that person, is controlled by that person or is controlled by a person that also controls that person. This shall be deemed to include, in the case of any corporate entity, any member of its Group.
Amongst other things, User shall not:
• download to the Website, display, send by email or transmit by any other means to the Website any computer virus, worm or other potentially damaging computer programs, codes or files to disrupt, destroy or limit functionalities of the Website, the Structure, the Content, the Databases, the Software, or any software or hardware,
• disturb or interrupt all or part of the Website and/or the servers or networks connected to the Website, or infringe any requirements, procedures, rules or regulations of the networks connected to the Website,
• attempt to harm any User’s use of the Website, the hosting provider, or the network, which includes, without limitation, endangering the Website (e.g., virus risk), causing overloading, flooding the server, spamming the email box(es) of the Website, overloading the message service of the Website,
• access information not intended for them or enter into a server or account to which they are not authorized to access,
• attempt to assess, observe or test the vulnerability of the Website, or infringe security or authentication measures without any prior written consent from MHCS,
• conduct any unlawful activity or any other activity that may harm MHCS’ rights, its suppliers, providers, retailers, advertisers or any other person, or encourage a third party to conduct such an unlawful or detrimental activity,
• transmit or transfer (by any means) information, documents, data, or programs deriving from the Website, including to any other countries or to any foreign nationals in violation of national or international laws or regulations,
• misuse the identity of any other person, whether such person is a User or not,
• use the Website to transmit or send unsolicited commercial communications.
• use the Website for any purposes related to marketing without MHCS’s prior express written consent.
At any time MHCS can put an end to User’s access to the Website, by any means what so ever if User does not comply with his obligations set forth in these Terms of Use, without prejudice of MHCS right to damages. MHCS shall give a notice to the User in the case where the User is not in a material breach of the Term of Use or of an applicable law.
User will be responsible for any Content he may publishes on Website and warrants the Group in case of any complaint, claim or request of third party in connection with a Content published on the Website.
ACCESS TO THE WEBSITE
Users shall take care of the implementation of computer and telecommunications means and resources allowing access and use of the Website as well as of the skills necessary to the use of the Internet and the Website.
Users shall bear the connection and equipment costs relating to access to the Internet and use of the Website, including via its internet service provider and its telecommunications provider.
LIABILITY
ACCESS AND FUNCTIONING OF THE WEBSITE
Users acknowledge that, notwithstanding the means and resources used by MHCS, the technical specificities of the Internet and telecom networks make it impossible for MHCS to ensure uninterrupted continuity of access to the Website and the response time of the Website.
In addition, Users are advised and accept that use of the Website requires that maintenance operations, including corrective and evaluative maintenance, be performed. As a result, access to and use of the Website may become impossible or disrupted.
The Group shall not be liable for any damage, injury, harm or loss resulting from any partial or total impossibility to or disruption in access to or use of the Website.
ACCESS TO AND USE OF THE WEBSITE
Users access and use the Website at their own risk. The Group shall not be liable for any damage, injury, harm or loss suffered by Users.
Also, the Group shall not be liable for disclosure of information concerning a User to any person who used its password, ID, and/or email address of said User.
LIMITATION
If the Group faces any complaint, claim or request of third parties in connection with one or more Contents published by User, User will bear all the consequences, including without limitation, the financial consequences in connection with the Group’s defense or with remedies the Group could be entitled to.
TERMINATION
Any violation of the Terms of Use, by any User, may result in suspension or termination of such User’s ability to access the Website and/or termination of the Terms of Use, without prejudice of all others rights and remedies of the Group.
MISCELLANEOUS
INDEPENDENCE
Nothing in the Terms of Use will be construed as creating a partnership or company, or an employer/ employee relationship between the Group and the Users. MHCS and the Users shall under no circumstances be deemed as being joint-employers of any person whomsoever.
In addition, MHCS and each User shall be solely responsible for their respective acts, omissions, allegations, commitments, services, products and employees.
MODIFICATION
MHCS reserves the right to modify and/or update the Terms of Use at any time. Users shall read the Terms of Use that are accessible via the Website on a regular basis in order for them to be informed of such potential modifications and/or updates.
The version of the Terms of Use in force when the Website is accessed, visited and used shall apply to such access, visit and use.
INVALIDITY-UNENFORCEABILITY
If any term, provision, or section of the Terms of Use or any portion thereof is held invalid or unenforceable : (i) the remainder of the Terms of Use will not be affected by such invalidity or unenforceability, and each remaining term, provision, or section thereof will be valid and enforceable to the full extent permitted by law, (ii) such term, provision, or section or portion thereof shall be replaced by a valid and enforceable term, provision, or section or portion thereof which matches as closely as possible the economic purpose of the invalid or unenforceable term, provision or section or portion thereof.
CHOICE-OF-LAW AND CHOICE-OF-COURT
These Terms of Use shall be governed by and construed in accordance with French law.
ANY DISPUTE ARISING IN CONNECTION WITH ACCESS, VISIT, AND/OR USE OF THE WEBSITE AND/OR THE TERMS OF USE (INCLUDING ANY DISPUTE RELATING TO THEIR VALIDITY, THEIR PERFORMANCE, AND THEIR INTERPRETATION) WILL BE BROUGHT BEFORE THE COURT WHICH HAS JURISDICTION PURSUANT TO THE PROVISIONS OF THE FRENCH CIVIL PROCEDURE CODE (CODE DE PROCEDURE CIVILE)
