1. EDITOR – CONTACT
The website www.ecladorfrance.fr (hereinafter the “Site”) is published by FRNG Distribution SAS • head office address: 5 rue Francois Hennebique 17140 Lagord, France
For any question relating to the Site, please send an email to the following e-mail address: FRNG Distribution@wanadoo.fr
The Site is hosted by the OVH
OVH Groupe SA, a company registered with the Lille company registry under the number 537 407 926 sise 2, rue Kellermann, 59100 Roubaix.
GENERAL CONDITIONS OF USE OF THE WEBSITE
The Site is published by FRNG Distribution SAS with the RCS of La Rochelle under number 903 114 940 and whose registered office is 5 rue Francois Hennebique 17140 Lagord, France (hereinafter “The Company”) .
By accessing and using the Site, you unreservedly accept the application of the General Conditions of Use and the applicable clauses regarding the protection of personal data.
The Company may at any time modify and update the General Conditions of Use and the Personal Data & Cookies Charter. The user is invited to consult them online regularly.
To access the Site, you must have reached the legal age of consumption and/or purchase of alcohol according to the legislation in force in your country / region (the highest age being the one taken into consideration).
If no legal age exists in your country/region, you must be at least 21 years old to access the Site.
1. WEBSITE NAVIGATION 1.1. Access to the Site
The hardware and software necessary for access to the Internet and the Site are the responsibility of the users of the Site.
The Company reserves the right, at its sole discretion, to suspend or terminate access to all or part of the Site, its content or services offered on the Site, without prior notification and without this being likely to give rise to any compensation for the benefit of a user.
It is strictly forbidden to modify the software elements of the Site in order to obtain unauthorized access to the Site.
1.2 Hypertext links
The Site may present links to other sites or other Internet sources. Insofar as the Company cannot control these sites and these external sources, the Company cannot be held responsible for the content, advertising, products, services or any other element available on these sites or external sources. In addition, the Company cannot be held responsible for any damage or loss (proven or alleged) resulting directly or indirectly from the use of the content, goods or services available on these sites or external sources.
1.3 User behavior
Each user of the Site guarantees:
• be of the legal age required to consume and/or buy alcohol according to the legislation in force in their country/region;
• use the Site for lawful and personal purposes, excluding any use for commercial purposes, except with the prior written consent of the Company;
• that, where applicable, the data it provides is accurate, sincere and up-to-date.
The user is prohibited from making any declarations and/or acting in the name and/or on behalf of the Company, its subsidiaries and affiliated companies as well as their respective shareholders, directors, officers and employees, for any cause whatsoever.
Users must behave on the Site in a responsible, lawful, courteous and respectful manner with regard to the rights of other users of the Site, the Company, its affiliates and third parties.
In particular, the user must refrain from:
• upload to the Site, post, send by e-mail or transmit by any other means any element containing software viruses, or other codes, files or computer programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or any telecommunications equipment;
• disrupt or interrupt the operation of the Site, servers or networks connected to the Site or violate the requirements, procedures, rules or regulations relating thereto;
attempt to interfere with the operation of the Site, in particular by exposing the Site to a virus, by causing an overload of consultation (bandwidth), by overloading the server, by seeing “spam” or by overloading the messaging service of the Site;
• view information that is not intended for it or access a server or account to which the user is not authorized to access;
• seek to assess, observe, or test the Site’s vulnerability, or breach the Site’s security or authentication measures without Company’s prior written consent;
• engage in any illegal activity or any other activity likely to harm the rights of the Company, its suppliers, service providers, retailers, advertisers or other persons, and refrain from inducing third parties to do so;
• upload to the Site, transmit, post or make available by any means unsolicited or unauthorized advertising or promotional material, “junk mail”, “spam”, “chain letters” or any other form of solicitation ;
• upload to the Site, post, send by e-mail or transmit content that is illegal, harmful, defamatory, offensive, racist, vulgar, obscene, threatening, violent, contrary to morality, infringing a person’s privacy, offensive or offensive in particular from a racial or ethnic point of view;
• send by e-mail or transmit by any other means any content of the Site intended for persons under the legal age to consume and/or buy alcohol in their country / region or residing in a place restricting or prohibiting advertising for alcoholic beverages.
Each user agrees to comply with all applicable laws, rules and procedures relating to online user behavior and the transmission of technical data.
If necessary, the Company may terminate a user’s right of access to the Site at any time if the latter does not comply with the obligations incumbent on him under the General Conditions of Use and/or any other document, without prejudice to the Company’s right to claim damages.
1.4 Content posted by users, if any
Site users are solely responsible for the content they post on the Site and the consequences of their dissemination, publication, transfer or availability. The Company does not endorse any content, opinion, recommendation or opinion expressed by users on the Site, and declines all responsibility relating to the content posted on the Site within the limits of the applicable regulations.
However, the Company reserves the right (without being obliged to do so) to decide whether the content posted by users meets the requirements set out in the General Conditions of Use and may remove any
content that violates these General Conditions of Use and/or prohibit a user’s access to the Site due to the submission of such content, at any time, without notice and in its sole discretion.
You agree that the Company may use freely, without any restriction and free of charge, any content posted on the Site not only for its distribution on the Site but also for its distribution and reproduction on any other medium whatsoever for the promotion and publicity of the Company, its products and services, worldwide.
1.5 Report inappropriate content
Users can report inappropriate content to the Company by seeing a message here.
2. PROTECTION OF SITE CONTENT
The Site and each of its constituent elements (such as texts, tree structures, software, animations, photographs, illustrations, images, videos, diagrams, soundtracks, texts, logos, trademarks, designs and models), including the necessary software elements to the operation of the Site, databases and newsletter (hereinafter the “Content”) may contain confidential information and data protected by intellectual property law or any other applicable law. Thus, unless otherwise stated on the Site, the intellectual property rights to the Content are the exclusive property of the Company, which does not grant the user any license or any right other than that of consulting the Site.
The reproduction of all or part of the Content is authorized solely for the purposes of information for personal and private use, any reproduction and any use of copies of the Content made for other purposes, in any way and in any form whatsoever, being expressly prohibited.
The user is also prohibited from copying, modifying, creating a derivative work, assembling, decompiling, assigning, sub-licensing or transferring in any way whatsoever any right relating to the Content or the Site.
3. PERSONAL DATA
The Company ensures the protection of personal data transmitted by users of the Site. The Company invites users of the Site to consult the Personal Data & Cookies Charter which specifies the provisions put in place to guarantee the processing of data. The collection, processing, use, transmission, storage and protection of your personal data are governed by our Personal Data & Cookies Charter.
The Company strives to ensure, to the best of its ability, the accuracy and updating of the information disseminated on the Site. However, the Company cannot guarantee the accuracy, precision or completeness of the information made available to users on the Site.
The Company allows access to the Site free of charge and declines all responsibility:
• for any interruption of the Site;
• in the event of the occurrence of bugs, computer viruses, display or download errors;
• for any inaccuracies or omissions relating to the Content available on the Site;
• for all damage resulting from fraudulent intrusion by a third party;
• and more generally for all direct and indirect damages, whatever the causes or consequences, which may occur following access to the Site and resulting from information coming directly or indirectly from the Site.
5. APPLICABLE LAW AND JURISDICTION
The General Conditions of Use, as well as the Personal Data & Cookies Charter to which reference is made are governed by French law.
Unless otherwise required by law, any dispute concerning the Content and use of the Site falls within the exclusive jurisdiction of the competent court within the jurisdiction of the Paris Court of Appeal, including in the event of a warranty claim, multiple defendants or summary proceedings or on request.