GENERALITIES
This website is operated by Franck CHENEVIER, sole proprietorship, under the trade name "L'Atelier de la Vigne".
Throughout this site, the terms “we”, “us” and “our” refer to Franck Chenevier - “L'Atelier de la Vigne”.
Franck Chenevier - “L'Atelier de la Vigne” offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting this site and/or purchasing any of our products, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Sale”, “Terms of Sale and Use”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
These Terms of Sale and Use apply to all users of this site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Sale and Use carefully before accessing or using our website. By accessing or using any part of this site, you agree to be bound by these Terms of Sale and Use. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Sale and Use are considered an offer, acceptance is expressly limited to these Terms of Sale and Use.
Any new features or tools which are added to the current store shall also be subject to the Terms of Sale and Use. You can review the most current version of the Terms of Sale and Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Sale and Use by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
ARTICLE 1 – CONDITIONS FOR USING OUR ONLINE STORE
By accepting these Terms of Sale and Use, you represent that you are at least the age of majority in your state or province of residence, and that you have given us your consent to allow any of your minor dependents to use this website.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
ARTICLE 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ARTICLE 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, by its nature, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
ARTICLE 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
ARTICLE 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ARTICLE 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Return Policy.
ARTICLE 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
If you use the optional tools offered on the site, you do so at your own risk and discretion, and you should consult the terms under which these tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features on our site (including new tools and resources). These new features and services will also be subject to these Terms and Conditions of Sale and Use.
ARTICLE 8 – THIRD-PARTY LINKS
Certain content, products, and services available through our Service may include elements from third parties.
Third-party links on this site may redirect you to third-party websites not affiliated with us. We are not obliged to examine or evaluate the content or accuracy of these sites, and we do not guarantee or assume any responsibility for any content, website, product, service, or other element accessible on or from these third-party sites.
We are not responsible for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transaction carried out in connection with these third-party websites. Please read the policies and practices of third parties carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding products from these third parties should be submitted to these same third parties.
ARTICLE 9 – USER COMMENTS, SUGGESTIONS, AND OTHER PROPOSALS
If, at our request, you submit specific content (e.g., to participate in contests), or if, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by mail, or otherwise (collectively, "comments"), you grant us the right, at any time, and without restriction, to edit, copy, publish, distribute, translate, and otherwise use in any medium any comments you send us. We are not and shall not be obliged (1) to maintain the confidentiality of comments; (2) to pay compensation to anyone for any comment provided; (3) to respond to comments.
We may, but have no obligation to, monitor, modify or remove content that we, in our sole discretion, deem to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or that violates any intellectual property or these Terms and Conditions of Sale and Use.
You agree to write comments that do not violate the rights of third parties, including copyrights, trademarks, privacy, personality, or other personal or proprietary rights. You also agree that your comments will not contain unlawful, defamatory, offensive, or obscene content, nor will they contain computer viruses or other malicious software that could affect in any way the operation of the Service or any associated website. You may not use a false email address, pretend to be someone other than yourself, or try to mislead us and/or third parties as to the origin of your comments. You are entirely responsible for all comments you post and their accuracy. We assume no responsibility and disclaim all liability for any comments you post or that any other third party posts.
ARTICLE 10 – PERSONAL INFORMATION
The submission of your personal information on our store is governed by our Privacy Policy.
ARTICLE 11 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
ARTICLE 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms and Conditions of Sale and Use, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
ARTICLE 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
Certain spare parts not approved for public roads, are to be reserved for use on private roads or circuits and with full knowledge of the customer.
Franck Chenevier - "L'Atelier de la Vigne", its agents, contractors, interns, suppliers, service providers, and licensors shall not be held responsible for any material, human, or financial damage caused by the inappropriate use of these spare parts, whether assembled or not.
Franck Chenevier - "L'Atelier de la Vigne", its agents, contractors, interns, suppliers, service providers, and licensors shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
ARTICLE 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Franck Chenevier - "L'Atelier de la Vigne" and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions of Sale and Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
ARTICLE 15 – SEVERABILITY
Should any provision of these General Terms and Conditions of Sale and Use be deemed illegal, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these General Terms and Conditions of Sale and Use, and such severance shall not affect the validity and enforceability of all other remaining provisions.
ARTICLE 16 – TERMINATION
The obligations and liabilities incurred by the parties prior to the termination date shall remain in effect after the termination of this agreement for all purposes.
These General Terms and Conditions of Sale and Use are effective at least until terminated by either you or us. You may terminate these General Terms and Conditions of Sale and Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If, in our sole discretion, we deem that you fail, or if we suspect that you have been unable to comply with the terms of these General Terms and Conditions of Sale and Use, we may also terminate this agreement at any time without prior notice and you will remain liable for all amounts due up to and including the date of termination, and/or we may deny you access to our Services (or any part thereof).
ARTICLE 17 – ENTIRE AGREEMENT
Any failure on our part to exercise or enforce any right or provision of these General Terms and Conditions of Sale and Use shall not constitute a waiver of such right or provision.
These General Terms and Conditions of Sale and Use or any other operating policies or rules posted by us on this site or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding all prior and contemporaneous communications, proposals and agreements, oral or written, between you and us (including, but not limited to, any prior version of the General Terms and Conditions of Sale and Use).
Any ambiguity in the interpretation of these General Terms and Conditions of Sale and Use shall not be construed against the drafting party.
ARTICLE 18 – GOVERNING LAW
These General Terms and Conditions of Sale and Use, as well as any separate agreements whereby we provide you Services, shall be governed by and construed in accordance with the laws in force at 12, Chemin de Bonnesouay 38300 Ruy-Montceau, France.
ARTICLE 19 – CHANGES TO THE GENERAL TERMS AND CONDITIONS OF SALE AND USE
You can review the most current version of the General Terms and Conditions of Sale and Use at any time on this page.
We reserve the right, at our sole discretion, to update, modify or replace any part of these General Terms and Conditions of Sale and Use by posting updates and changes to our site. It is your responsibility to check our site periodically for changes. Your continued use of or access to our site following the posting of any changes to these General Terms and Conditions of Sale and Use constitutes acceptance of those changes.
ARTICLE 20 – CONTACT INFORMATION
Questions regarding the General Terms and Conditions of Sale and Use should be sent to us at atelierdelavigne38@orange.fr.