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Legal notice and conditions of use of the Lesterroirsduchef website

Reminder relating to the purchase of alcoholic beverages: alcohol abuse is dangerous for health. To consume in moderation. Drink responsibly.

By accessing and using this Site, you accept these Terms and Conditions (the “T&Cs”), as well as the conditions relating to personal data protection, without any restriction.

The current version of the T&Cs available on line on this Site is the only version applicable to all Site users until a new version is uploaded and replaces the current version.

 

1 – Legal information

1.1 • Site : https://lesterroirsduchef.com

1.2 • Web Owner (the “Web Owner”) : company « LES TERROIRS DU CHEF », a French “Société par actions simplifiées”, with a share capital of 50,000 Euros, whose registered address is 36, avenue Jean LANNES, 32700 LECTOURE, FRANCE, registration company number 838 196 947, represented by Boris SEMAT, C.E.O.E-mail address: contact@lesterroirsduchef.com Chief publishing director: Boris SEMAT

1.3 • Design and concept: : Prodigima – a French “SARL” – registration number 517 472 247 00017 – whose registered address is 80 chemin Lapujade 31200 Toulouse – France – represented by Elodie Bransolle, webmaster – contact@prodigima.com

1.4 • Host (the “Host”): OVH – a French “Société à actions simplifiée” whose share capital is 10,069,020 Euros, whose registered number is “Lille Métropole 424 761 419 00045”, whose registered address is 2 rue Kellermann – 59100 Roubaix – France – represented by Miroslaw, Chief Executive. Telephone number: 09 72 10 10 07 E-mail address: OVH the Host can be contacted by e-mail or by sending a message by accessing the dedicated interface page on https://www.ovh.com/fr/support/nous-contacter/

 

2 – Site Access

Access to the Site is reserved to people who have reached the legal age to consume and/or purchase alcoholic beverages. The Web Owner reserves the right to request a proof of legal age to purchase alcoholic beverages, in particular if you are ordering products online.
Reminder relating to the purchase of alcoholic beverages: alcohol abuse is dangerous for health. To consume in moderation. Drink responsibly.
Access and use of the Site are strictly reserved for personal use only. You undertake not to use the Site and the information or data available on the Site for any commercial, political, advertising or marketing purposes, or any form of commercial mailing and solicitation, in particular for the creation and use of mailing lists and unwanted e-mails.

 

3 – Site content – Intellectual Property

3.1 • Ownership of Site content
All brands, photographs, texts, comments, illustrations, animated or still images, video clips, sounds and all software and computer-generated applications used on this Site, and all reproduced or referred to items on this Site, are protected by the current French laws on intellectual property and copyrights.
They fully belong to the Web Owner or its partners. Any reproduction, representation, use or adaptation, in any shape or form, whatever manner or process, of any of these items, including all software and computer-generated applications are expressly prohibited without the prior written consent of the Web Owner. Should the Web Owner not take action against such prohibited use of data as soon as it becomes aware of it, this shall not be deemed to preclude or waive the Web Owner’s right to take action under intellectual property law.

3.2. Licence to use the Site
The Web Owner grants to any Site users a personal, non-exclusive, non-transferrable right to use the Site for the entire duration of the contract entered into by the Web Owner and the user and for the whole world. The license to access and use the Site is only granted for the sole and unique purpose to allow the user to use the Site, and for no other purpose, and only within the limits of the rights the Web Owner would have granted under such license. The right to use the Site includes the right to reproduce and copy the Site’s functionalities in accordance with their original purpose, by way of connexion to an electronic messaging system.
Any Site access and use by users must comply with these T&Cs.
Users shall not, in any way, use the Site in any other way than in compliance with the T&Cs. In particular users shall not copy, reproduce, adapt, modify, delete, translate, manipulate, broadcast, de-assemble or allow third-party use (such list being without limitation) of any content of the Site or any material comprising or related to the Site.

 

4 – Site Management

The Web Owner may at any time, to ensure the proper management of the Site:

  • -Suspend, interrupt or limit access to all or part of the Site, restrict access to the Site or to some parts of the Site to a specified group of web users;
  • – Remove all information that may affect the operation or may be in breach of applicable national or international laws or in breach of the Internet web ethics; and
  • -Suspend the Site in order to carry out site maintenance and updates.

 


5 – Liability

The Web Owner may not be held liable for any fault, failure, breakdown or interruption in the provision of the Site or services accessible by the Site.
You are sole responsible for the computerised equipment you use to access and connect to the Site. You must take all necessary and appropriate steps to protect your computer equipment, web connexion and your data for example against internet viruses. You are also sole responsible for the Sites and data that you have access to.
The Web Owner shall not be held liable for claims and legal actions brought against you as a result of:

  • the Site access or any service accessible with an internet connexion; and
  • your non-compliance or beach of these T&Cs.

The Web Owner shall not be held liable for any damage caused to you, third parties and/or your computer equipment as a result of your connexion or access to the Site, and you waive your rights to bring any legal proceedings against the Web Owner resulting from such occurrence.Should the Web Owner be involved in any legal action, either in court or otherwise because of your use of the Site, the Web Owner will be entitled to start legal proceedings against you and claim compensation for all damage, harm, loss or expenses that may result from such legal action.

 

6 – Hyperlinks

It is strictly prohibited to set up any hyperlink to all or part of the Site without the Web Owner’s prior written consent, which shall be requested by sending an e-mail to contact@lesterroirsduchef.com.
The Web Owner reserves the right to decline such request without having to give any reason for doing so. Should the Web Owner grant its consent, such consent is only for a short period of time and can be withdrawn at any time, without the Web Owner having to give any reason for doing so.
In any case, any hyperlink will have to be removed at the Web Owner’s simple request. The Web Owner is not responsible for and will not incur any liability for any information accessible by way of hyperlink to other web sites.

 

7 – Access to online order services

PTo access the Site’s online order services, each user must (a) accept all terms and conditions applicable to purchases (the “Purchase Terms and Conditions”), and (b) request the opening of a client account, by registering and sending personal information.Each user’s personal data will be stored and used for the purpose of online purchases in accordance with section 8 below.
In order to register and create an account on the Site, each user must create a profile and provide the following information: e-mail address, first name and last name, telephone number, category (business or personal account), postal address, and a personal password chosen in accordance with the password rules set out on the Site.
Users must then confirm that they have read and accept these T&Cs and confirm separately that they accept section 8 “Personal Data” and all Purchase Terms and Conditions by ticking the relevant boxes in the relevant section of the Site.
In order to access his/her account, each user will have to log on by providing his/her e-mail address and personal password.
Each user is solely responsible for the accuracy of the personal data provided in his/her account. Each user will be bound by the information he/she provided and, should there be any legal action, users will not be entitled to complain about the consequences of having provided their personal data. In particular should there be a case of error in log-in details, users are likely to be denied access to their account without the Web Owner being held liable.
Any order or message sent to the Web Owner via the client account set up on the Site will be deemed having been sent by the account holder, who is responsible to keep his/her account and password confidential at all times.
Each user shall take all necessary steps to ensure compliance with this obligation, and the Web Owner shall not be liable for any failure by the user to do so.

 

8 – Personal Data Protection

The Web Owner undertakes to ensure that each user’s personal information and data (“Personal Data”) be protected in accordance with the French law on data collection and treatment (Law number 78-17 dated 6th January 1978 relating to Protection of Personal Data and Computer-management of personal data) and the European Regulation EU/2016/679 of the European Parliament and of the Council dated 27th April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (the “General Data Protection Regulation” or “GDPR”), and any other law or regulation made under such GDPR Regulation.

8-1. Identity of the Data Collector
The Data Collector is SAS LES TERROIRS DU CHEF, a French “société par actions simplifiées”, with a share capital of 50,000 euros, whose registered address is 36, avenue Jean LANNES, 32700 LECTOURE, FRANCE, registration company number 838 196 947, represented by Boris SEMAT, C.E.O.

8-2. Personal Data management legal basis
The legal basis on which any Personal Data Management can take place is

  • Contract performance (Purchase Terms and Conditions):
    • Order Processing ;
    • Delivery Management ;
    • Users Complaints and Claim Handling;
  • User’s Consent:
    • Commercial Prospection and Sales Promotion ;
    • Management of its relationship with clients and prospective clients;
    • Statistical analysis ;
  • Compliance with laws and regulations when it treats such Personal Data with a view to provide:
    • Billing;
    • Accounting.

8-3. Personal Data Use
Personal Data collected from the users shall be used for order processing, availability of all Site services, Site services improvement and maintenance of a safe and secure purchase environment. In particular, Personal Data will be used as follows:

  • Order processing (including delivery management);
  • User’s Site access and use;
  • Site management and optimisation;
  • Payment services operation and management;
  • Check, identification and authentication of data received from users;
  • Users’ assistance implementation;
  • Frauds, malwares (malicious software) and security breach management;
  • Users complaints and claim handling;
  • Commercial and marketing communications tailored to each user’s preferences; and
  • Statistical analysis.

8-4. Data storage duration
The Web Owner will store any Personal Data for no more than 36 months with regard to the purpose for which they are stored and to limitation periods. The 36-months period starts from the date of the user’s last activity on his/her account. Users are entitled however to request the deletion of all their Personal Data at any time, by sending an e-mail to the following address: contact@lesterroirsduchef.com.

8-5. Personal data: sharing with third parties
Personal Data can be shared with third parties in the following circumstances:

  • When a user utilises any payment services; please note that the Site works with banking and financial institutions with whom the Site has entered into contractual agreements;
  • When the delivery is carried out by an external delivery company;
  • When a user allows a third party website to access his/her data;
  • When the Site employs service providers to provide assistance to Site users and payment services. Such service providers have limited access to users’ Personal Data within the limitation of their services, and must comply with their contractual obligation to use such Personal Data in accordance with the applicable legislation on personal data protection;
  • If required by law, the Web Owner can transfer data in order to either (a) take action further to a complaint or claim brought against it, or (b) comply with any court order or legal request to do so;
  • – If the Web Owner participates in a merger, acquisition, asset sale or insolvency procedure, it may have to transfer or share some or all of its assets, including all Personal Data. In such case, users will be notified prior to any Personal Data being transferred to any third party.

8-6. Security and confidentiality
The Site implements organisational, technical, software and physical processes in order to protect Personal Data against any alterations, destructions and unauthorised access. Please note however that the Internet is not a fully secure environment and the Site cannot warrant fully secure transmission and storage of information on the Internet.

8-7. Implementation of users’ rights
In accordance with the Protection of Personal Data legislation, each user is entitled to the following rights, which they can exercise by writing to the following e-mail address: contact@lesterroirsduchef.com:

  • Right of Access by the data subject (Article 15 of the GDPR ), to access his/her personal data;
  • Right to Rectification and Right to Erasure (Article 16 of the GDPR), to obtain rectification of inaccurate personal data concerning the user and the right to have incomplete personal data completed, in accordance with Protection of Personal Data laws;
  • Right to Withdraw the user’s consent at any time (Article 13-2c of GDPR);
  • Right to Restriction of Processing (Article 18 of the GDPR);
  • Right to Object to processing of Personal Data concerning the user (Article 21 of the GDPR);
  • Right to Data Portability, when data processing is carried out by automated means and based on consent or on a contract (Article 20 of the GDPR).

Before implementing any of the above rights, the Web Owner can ask for the user’s proof of identity in order to check its accuracy.

8-8. Right to change this legal term
The Web Owner shall be entitled to vary or modify this legal term relating to Protection of Personal Data at any time. Should the legal term relating to Protection of Personal Data be varied, amended or modified, the Web Owner shall publish the revised version. The Web Owner shall also inform all users that such legal term has been modified by way of e-mail, within 30 days before the modification implementation date. If any user objects to the new legal drafting of the legal term relating to Protection of Personal Data, any user may close his/her account.

 

9 – Cookies 

The Site may collect standard information. All indirectly-collected information will only be used to monitor the volume, type and configuration of the Site traffic, to improve the Site’s design and layout and for other administrative and planning purposes, and more generally to improve the client service we offer you.
Each user is entitled to deactivate cookies using his/her parameters provided by the web browser. Please note that as a result of their deactivation it may be more difficult to access some services and functions of the Site.
Cookies are stored for a maximum of thirteen (13) months from their collection from your web browser. At the end of this period (or if the user has manually deleted his/her cookies), the user’s consent to cookies collection will be requested again.

 

10 – Photographs and product representations

Photographs and product descriptions are not contractual and do not bind the Web Owner.

 

11 – Data used as evidence

Each user acknowledges that all downloads and backups (including all connexion data) carried out on the Site (including date and time of connexion) will be used as evidence and valid proof in any issue or legal dispute that may arise between the user and the Web Owner.
Therefore each user acknowledges the validity as proof of evidence of all e-mail exchanges with the Web Owner, which form part of their contractual relationship. The same applies to notifications received from the Site, which may be relied on as proof of evidence and can be enforceable against users.

 

12 – Governing law and litigation

These internet website T&Cs are governed by French law. Should a legal dispute arise from the entering into, the operation or the interpretation of these contractual terms and conditions T&Cs, the following jurisdiction rules will apply:

  • When the user opens an “individual” account, legal disputes are submitted to the territorial jurisdiction of the courts appointed by reference to the user’s home address.
  • When the user opens a “business” account, legal disputes are submitted to the territorial jurisdiction of the courts appointed by reference to « LES TERROIRS DU CHEF » company’s headquarters address.

 

13 – Contact Us

For any enquiry on the products offered on our Site or regarding the Site itself, please contact us by sending an e-mail to: contact@lesterroirsduchef.com