I – PRESENTATION
The Web sites accessed at www.domaineclarencedillon.com, www.hautbrion.com and www.mission-haut-brion.com are produced by Domaine Clarence Dillon SAS, a French simplified joint stock company (société par actions simplifiée) with capital of 2,179,400 euros, having its registered office at 31, Avenue Franklin D. Roosevelt, F-75008 Paris, France, listed in the Paris Trade and Companies Register under number B 572 179 026
Represented by Philippe Vidal. All references to Domaine Clarence Dillon SAS and its brands in these terms and conditions include its employees, representatives, agents and subsidiaries. Detailed information concerning the structure of the company and its brands may be requested by sending a message to [email protected]
2/ MULTIMEDIA DESIGN & PRODUCTION
All three Web sites were designed by DISKO
The sites are hosted in France by ARTIFAKT a French simplified joint stock company (société par actions simplifiée) listed in the Lille Trade and Companies Register under number803 110 410, having its registered office 14 rue d’Uzès, 75002 PARIS (France).
4/ CREDITS PHOTO
Domaine Clarence Dillon S.A.S.
By using these Web sites, (hereinafter referred to as “the Site(s)”), you accept the Terms and Conditions of Use (hereinafter referred to as “the Terms and Conditions”) as stated below. From time to time, Domaine Clarence Dillon SAS may revise its Terms and Conditions and it is your liability to review these Terms and Conditions each time you access any of the Sites.
Domaine Clarence Dillon SAS keeps these Sites up to date for the personal use of persons who are legally authorized to purchase or consume alcoholic beverages within their countries of residence or the countries from which they access the Sites, provided that the purchase or consumption of alcoholic beverages is legally permitted in these countries. When the legal ages for purchase and consumption differ, the age recognized is the oldest of the two. Please close the webpage of the Site immediately if you do not accept these Terms and Conditions, if you are not of legal age to purchase or consume alcoholic beverages in the country from which you have accessed the Site, or if you find yourself in a country where the use of these Sites is not authorized.
II – DISCLAIMER
Domaine Clarence Dillon SAS makes every effort to ensure that all of the information provided on the Sites is accurate and current. Domaine Clarence Dillon SAS reserves the right to make changes to any content included on the Sites without notice. By using any of the Sites at a later date, you confirm your acceptance of these Terms and Conditions, as amended. However, Domaine Clarence Dillon SAS cannot guarantee the accuracy, precision and completeness of the information made available on the Sites. Domaine Clarence Dillon SAS makes no guarantees or representations other than those stated in these Terms and Conditions. Consequently, Domaine
Clarence Dillon SAS accepts no responsibility and/or liability under any circumstances for any damage resulting from the difficulties encountered when accessing its site and in particular regarding :
– any interruption or delay in access to one or more of the Sites;
– any viruses or other defects;
– any inaccuracies, errors, unforeseen problems or omissions relating to the information made available on the Sites;
– any damages arising from unauthorized access by a third party resulting in alterations to the information made available on the Sites;
– and more generally, any direct or indirect damages, whatever the cause, origin, nature or consequence, resulting from access to, or the failure to access, any of the Sites by any individual, or relating to the perceived credibility of
any elements of information derived directly or indirectly from the Sites.
Furthermore, Domaine Clarence Dillon SAS makes no representation as to whether the servers hosting the Sites are free of viruses or other harmful components and cannot guarantee the absence of technical problems that might damage the user’s computer equipment or the data stored on this equipment. It is your responsibility and/or liability to take the necessary measures to ensure that your anti-virus software and other security systems are up to date in order to protect your equipment and your data.
Lastly, neither Domaine Clarence Dillon SAS nor any of its subcontractors may be held liable for any damages that may occur during access to these Sites.
III- CONFIDENTIALITY, COPYRIGHT, BRANDS, TRADEMARKS AND OTHER PROPRIETARY RIGHTS
1. INTELLECTUAL PROPERTY
The Sites (including all texts, images, Web pages, audio or video files, and any other elements either on the Sites or that may be accessed via the Sites) as well as any software required in order to use the Sites may contain information deemed confidential and protected by applicable intellectual property rights or other laws.
By intellectual property rights we mean in particular copyright as well as rights protecting designs and models, trademarks, data, databases, know-how, the manner in which the Sites are presented, as well as all other intellectual property rights of any nature, registered or not, anywhere in the world. Where necessary, Domaine Clarence Dillon SAS has acquired the intellectual property rights to reproduce or use the images presented on the Sites. Therefore, unless otherwise mentioned, the intellectual property rights to the documents incorporated within the Sites and to each of the elements created for the Sites are the exclusive property of Domaine Clarence Dillon
SAS: nothing in these Terms and Conditions may be construed as conferring any license to these intellectual property rights or any right other than the permission to view the Sites. More precise details and information relating to the limitations of these intellectual property rights may be explicitly stated within the pages of the Sites themselves. You are required to comply with all of the restrictions mentioned on the Sites. More precise details and information relating to the limitations of these intellectual property rights may be explicitly stated within the pages of the Sites themselves.
You are required to comply with all of the restrictions mentioned on the Sites. Any use of the Sites other than as specifically authorized herein is strictly prohibited. Domaine Clarence Dillon SAS reserves the right to revoke the permission conferred should a user be found to have violated the intellectual property rights mentioned herein. The reproduction and use of any content published on the Sites is authorized solely for information purposes and only for your personal and private use. Any reproduction or use of this content for any other purposes is strictly prohibited and will be considered as constituting an infringement and prosecuted in accordance with the provisions of Articles L335-2 and following of the Intellectual Property Code.
You are permitted to print or download any of the material or information contained on the Sites provided you respect the following five conditions:
i) any printed or downloaded material or information is intended exclusively for private and non-commercial
(ii) copyright and other proprietary notices are not removed from any printed or downloaded
(iii) no modifications of any kind are made to the printed or downloaded material or information;
(iv) you are located in a country where the purchase and consumption of alcoholic beverages is legally authorized; and
(v) you are of legal age to purchase and consume alcoholic beverages in the country in which you are located.
It is also forbidden to copy, modify, create a derivative work, reverse engineer the design or construction of the Sites, or in any other way attempt to find the source code (with the exception of cases provided for by law), sell, take credit for, sub-license or transfer in any way whatsoever any software ownership rights. Finally, it is also forbidden to modify the software or to use modified versions of the software and in particular (with the understanding that this list must not be considered as exhaustive) so as to obtain unauthorized access to the service and to access the Sites by any means other than the interface provided to you for this purpose by Domaine
Clarence Dillon SAS.
The reproduction and representation of all or part of the Site and its contents, as well as their use for purposes other than those provided for in the terms and conditions, are prohibited without the prior authorization of SAS Domaine Clarence Dillon. The non-respect of this prohibition constitutes an act of counterfeiting engaging the responsibility and/or liability of any offender.
2. AUTHORIZED USE
Domaine Clarence Dillon cannot be liable for the use that would be made by the Internet users of the information contained in the web site. The presence of hypertext links to other websites does not commit Domaine Clarence Dillon to the content of these websites.
Nevertheless, we reserve the right, without obligation, to monitor the use of the Site and to remove at our discretion any element that we may deem unpleasant, illegal or questionable.
3. APPLICABLE LAW AND JURIDICTION
The legal notices as well as the Personal data and cookies policy to which reference is made, are governed by French law. Unless otherwise stipulated by law, any dispute concerning the content and use of the site shall fall under the exclusive jurisdiction of the competent court within the jurisdiction of the Paris Court of Appeal.
4. PRIVACY AND PROTECTION OF PERSONAL INFORMATION
SAS Domaine Clarence Dillon takes care of the protection of personal data transmitted by the users of the site. SAS Domaine Clarence Dillon invites the users of the site to consult the personal data and cookies policy which specifies the provisions set up to guarantee the data processing. The collection, processing, use, transmission, conservation and protection of your personal data are governed by the Personal data and cookies policy.
5. UNSOLICITATED E-MAILS
Domaine Clarence Dillon SAS does not send any unsolicited e-mails and you may unsubscribe from its newsletter at any time by sending an e-mail to [email protected], with the phrase “Unsubscribe” in the subject line.
IV WORLDWIDE AVAILABILITY OF THE SITES
The Sites may be viewed internationally and may contain references to products or services not available in all countries. References to a particular product or service do not imply that Domaine Clarence Dillon SAS and its related companies intend to make these products or services available in your country. Terms and Conditions, including the provisions below relating to respect for the privacy of users, constitute the entirety of our agreement with and obligations to you the user with regard to the Sites. A failure to abide by any one of the provisions of these Terms and Conditions will not invalidate the agreement in its entirety. If any provision in these Terms and Conditions is shown to be invalid or unenforceable under applicable law, such provision will be inapplicable, but the remaining provisions of this agreement will continue in full force and effect. Domaine Clarence Dillon SAS is entitled to transfer its rights and obligations in the application of these Terms and Conditions to third parties.
The Sites may contain links to other Web sites or other Internet sources. As Domaine Clarence Dillon SAS has no control over these sites or other external sources, it may not be liable for the availability of these sites and external sources, and accepts no liability with respect to the content, advertisements, products, services or any other content accessed on or via these sites or external sources. Furthermore, Domaine Clarence Dillon SAS assumes no responsibility and/or liability for any damages or losses arising or alleged to arise from or in connection with the use of or reliance on the content, goods or services available on these sites or external sources.