Mentions légales

TERMS & CONDITIONS OF USE

 

Last updated 24 March 2023

 

  1. Editor - Contact

THE www.the-gardener.com website (the “Site”) is edited by DISTILLERIE DE LA RIVIERA: the company DISTILLERIE DE LA RIVIERA, a limited liability company with a share capital of 50,000 euros, registered in the Avignon Trade and Companies Register under the unique identification number 90218366400017, with its registered office at 2321 Route de Jonquières, represented by its President, Marc Perrin, Intracommunity VAT number FR65902183664, which has designed and operates the Internet Site.

For any enquiry regarding the Site, please contact us by sending an e-mail to: hello@the-gardener.com

  1. Hosting

The Site is hosted by:

  • company name :  SHOPIFY
  • registered address:126 York St. Ottawa, ON K1N 5T5, Canada
  • Tél : 1-888-746-7439
  • Company number: 430 359 927

 

TERMS AND CONDITIONS OF USE 

The “Site” is edited by DISTILLERIE DE LA RIVIERA: the company DISTILLERIE DE LA RIVIERA, a limited liability company with a share capital of 50,000 euros, registered in the Avignon Trade and Companies Register under the unique identification number 90218366400017, with its registered office at 2321 Route de Jonquières, represented by its President, Marc Perrin, Intracommunity VAT number FR65902183664, which has designed and operates the Internet Site.

Any use of this Site by any person ("you" or the "user") is governed by these terms & conditions of use (Terms & Conditions"). The purpose of these Terms & Conditions is to define the conditions of access, navigation and use of the Site.

The Site provides its users with a service allowing access to the information it contains.

Using the Site is subject to these Terms and Conditions of Use as well as the provisions concerning the protection of personal data (read the Privacy & Cookies Notice).

For important reasons, such as changes in the services provided using the Site, the Brand may revise or update these Terms and Conditions of Use and the Privacy & Cookies Notice at any time and without notice. The changes may not affect the rights already acquired by the user before such change has been made.

The Brand provides this Site only for persons who have reached the legal age to consume and/or purchase alcoholic beverages (whichever is the higher) in their location of residence and provided that the consumption and/or purchase of alcoholic beverages is legal. If no such laws exist in your location of residence, you must be over 21 to access the Site.

  1. NAVIGATION ON THE SITE

 1.1 Access to the Site

Necessary hardware and software to access the Internet and this Site are under sole liability of the users.

The Brand reserves the right, in its absolute discretion, to suspend or terminate access or navigation to all or part of the Site and/or its content and/or the available services without prior notice and without entitling any user to claim any indemnity or compensation. It is forbidden to obtain unauthorized access to the Site or to use the Site for providing any unlawful content.

1.2 Links

The Site may include links to other web sites or other internet sources. As the Brand cannot control these web sites and external sources, the Brand cannot be held responsible for the provision or display of these web sites and external sources, and, to the maximum extent permitted by applicable law, may not be held liable for the content, advertising, products, services or any other material available on or from these web sites or external sources. Furthermore, to the maximum extent permitted by applicable law, the Brand cannot be held responsible for any demonstrated or alleged harm or losses resulting from (directly or indirectly) or in relation to the use of, or the fact of having had confidence in, the content, goods or services available on these web sites or external sources.

1.3 User responsible behavior

Each user warrants:

  • to be of minimum age legally required to consume and/or purchase alcohol in accordance with the regulations of user’s location of residence,
  • to use the Site for user’s personal and lawful use only, excluding therefore any other commercial use without the prior written consent of the Brand,
  • to provide, when relevant, personal data being true, up-to-date and accurate.

 

Users may not in any way represent or act on behalf of the Brand, its subsidiaries, its affiliates and their respective shareholders, officers, directors, employees.

When using the Site, users must behave responsibly, lawfully, with courtesy and respectful towards other users, the Brand, its subsidiaries, affiliates and third parties. 

User must notably refrain from:

  • uploading, displaying, sending by e-mail or by any other mean any file containing viruses, codes, text files, software or similar items which could disrupt, interrupt, destroy, damage or limit functionalities of any software, hardware or telecommunication material,
  • disrupting or interrupting the Site, its servers or networks connected to the Site, or infringing the related requirements, procedures or rules,
  • infringing (including any attempt) the Site functioning, notably by exposing the Site to viruses, creating an overload of consultation of the Site or its servers, sending "spams" or overloading the Site messaging system,
  • consulting privileged or non public information or accessing a server or account for which the user is not expressly granted access to,
  • trying to assess or test the Site vulnerability, breaching security or authentication measures of the Site without the prior written consent of the Brand,
  • conducting any illegal activity or any other activity likely to infringe rights of the Brand, its subsidiaries, affiliates, providers (including technical providers and contractors), customers and third parties, as well as refrain from encouraging thirds to do so,
  • uploading, displaying, posting, sending by e-mail or by any other mean any unsolicited or non authorized commercial or promotional content, junk mails, spam, chains or any other solicitation,
  • uploading, displaying, sending by e-mail or by any other mean any illegal, detrimental, defamatory, offensive, racist, vulgar, obscene, threatening, violent, against decency, infringing third parties rights, chocking or disparaging content or the like,
  • sending or forwarding by e-mail or by any other means any content of the Site to persons under the legal alcohol drinking and/or purchasing age in their location of residence or residing in a location restricting or prohibiting the advertising of alcoholic beverages.

 

Each user must comply with any and all applicable regulations, laws and rules related to user’s behaviour on the Internet and transmission of technical data.

When relevant, the Brand reserves the right in its absolute discretion to terminate or withdraw any user’s access to the Site without notice in case of breach of the user’s obligations under these Terms & Conditions and/or ancillary documentation, without prejudice to claim damages to such defaulting user.

1.4 User generated content

When relevant, users are solely liable of any content they may post or upload onto the Site and the consequences of disclosing, broadcasting, forwarding or making available such content. The Brand does not adhere or approve any content, opinion, suggestion or notice generated by users and the Brand declines any and all responsibility and liability in respect of any such content to the fullest extent permitted by applicable law.

However, the Brand reserves the right to remove any content which would breach these Terms & Conditions, may be offensive, illegal or otherwise objectionable in any way. The Brand does not pre-moderate any content provided by users.

User accepts that the Brand may freely and peacefully use, at no cost and without any restriction, any content posted onto the Site. This includes the communication of any such content onto the Site as well as its communication and reproduction on any other mediums of whatever nature for the promotion and advertising of Brand, its products and services. The user grants the Brand a licence to use any content posted onto the Site worldwide and for an indefinite time, by means of making copies (by any technique), putting into circulation, public performance, exhibition, screening, presentation, broadcasting and retransmission, as well as making the content available publicly available in such a manner that anyone could access it at a place and time selected thereby. The license granted shall cover copyright and related rights, as well as derivative copyrights, and the sublicence right. The content may be distributed without indicating the name of its author. The user declares not to perform his/her personal rights to the content against the Brand and any its successors or licensees.

1.5    Report of inappropriate content:

Users can report to the Brand any inappropriate content by sending an e-mail to hello@the-gardener.com

  1. PROTECTION OF THE SITE CONTENT

The Site and each of its elements (including all text, images, web pages, sound, video, designs, trademarks, logos and other material on or accessible via the Site) as well as any software required to be used in relation to the former, data bases and newsletters (the "Content"), may contain confidential information and information that is protected by intellectual property rights or other legislations. Unless otherwise expressly stated on the Site, the Brand exclusively owns all intellectual property rights related to the Content and the Brand does not grant any user with any license or other right other than a right to view the Site. The above does not preclude any statutory rights to use the Content which the user may have.

Subject to applicable law, users must not reproduce, exploit, copy, modify, create derivative pieces of work, assemble, decompile, assign, sub-licence or transfer in any way any content of the Site or any material (including software) related to the Site.

3- PERSONAL DATA

The Brand ensures the protection of personal information disclosed by users of the Site.

The Brand invites users to consult the Privacy & Cookies Notice which indicates the provisions implemented to guarantee the treatment of personal data. Collection, treatment, use, transmission, keeping and protection of users’ personal information are governed by the Privacy & Cookies Notice.

4- RESPONSIBILITY

The Brand endeavors to ensure as far as possible, that the information provided on this Site is correct and up-to-date. However, the Brand cannot guarantee the correctness, accuracy or exhaustiveness of the information provided on the Site.

The Brand allows free access to the Site and, to the maximum extent permitted by applicable law, declines all responsibility and may not be held liable in any case:

  • for any interruption in provision of the Site or services accessible via the Site,
  • for the occurrence of bugs, viruses and similar technical issues adversely affecting your ability to access this Site,
  • for any inaccuracy, isolated and unforeseen error or omission relating to information or Content available on the Site,
  • for any damage resulting from a fraudulent intrusion by a third party,
  • and more generally, for any direct or indirect or consequential harm, loss or damage, whatever the cause, origin, nature or consequences, which may occur as a result of any type of access to the Site or any inability to access it or the credit given to any piece of information coming directly or indirectly from the latter.

 

5 – COMPLAINTS

You may file complaints regarding the Site by sending an e-mail to hello@the-gardener.com. A complaint should include the details of the person filing a complaint (name, surname, email address), the reason for complaint and justification of it. Within 14 days of the complaint the Brand will evaluate it and notify you about the result of the evaluation by email.

6- GOVERNING LAW AND JURISDICTION ATTRIBUTION

These Terms & Conditions (and the Privacy & Cookies Notice) are governed by French law.

Unless imperative legal provision to the contrary, users and the Brand hereby irrevocably submit to the exclusive jurisdiction of the competent courts having jurisdiction over the registered office of the Brand in any claim or matter arising under or in connection with the Content or use of the Site, including in case of guarantee, plurality of defendants or summary proceedings.