General Terms and Conditions of Sale

OVERVIEW

This website is operated by SCPEA CHATEAU GASQUI. Throughout the site, the terms “we”, “us” and “our” refer to SCPEA CHATEAU GASQUI. SCPEA CHATEAU GASQUI offers this website, including all information, tools and services available from this site to you, the user, subject to your acceptance of all terms, conditions, policies and notices stated here.

By visiting this site and/or purchasing one of our products, you engage in our “Service” and agree to be bound by the following terms and conditions (“General Terms and Conditions of Sale”, “General Terms and Conditions of Sale and Use”, “Terms”), including any additional terms, conditions and policies referenced herein and/or available by hyperlink. These General Terms and Conditions of Sale and Use apply to all users of this site, including but not limited to users who browse the site, vendors, customers, merchants and/or contributors of content.

Please read these General Terms and Conditions 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 General Terms and Conditions of Sale and Use. If you do not accept all the terms and conditions of this agreement, then you must not access the website or use any services offered on it. If these General Terms and Conditions of Sale and Use are considered an offer, acceptance is expressly limited to these General Terms and Conditions of Sale and Use.

Any new features and tools added to this store in the future shall also be subject to these General Terms and Conditions of Sale and Use. You may review the most recent version of the General Terms and Conditions of Sale and Use at any time on this page. We reserve the right to update, change or replace any part of these General Terms and Conditions of Sale and Use by publishing updates and/or changes on our website. It is your responsibility to check this page regularly for changes. Your continued use of, or access to, the website following the publication of any changes constitutes your acceptance of those changes.

Our store is hosted by Shopify Inc. They provide us with the e-commerce platform that enables us to sell our products and services to you.

ARTICLE 1 – TERMS OF USE OF OUR ONLINE STORE

By accepting these General Terms and Conditions of Sale and Use, you declare that you have reached the age of majority in your country, state or province of residence, and that you have given us your consent to allow any minor dependants of yours to use this website.

The use of our products for any illegal or unauthorised purpose is prohibited, and you must not, in using the Service, violate any laws in your jurisdiction, including but not limited to copyright laws.

You must not transmit any worms, viruses or any code of a destructive nature.

Any breach or violation of these General Terms and Conditions of Sale and Use will result in the immediate termination of your Services.

ARTICLE 2 – GENERAL CONDITIONS

We reserve the right to refuse access to the services to anyone, at any time and for any reason.

You understand that your content, excluding your credit card information, may be transferred unencrypted and may 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 part of the Service, use of the Service, access to the Service, or any contact on the website through which the Service is provided, without our express prior written authorisation.

The headings used in this agreement are included for convenience only and shall 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 up to date. The content of this site is provided for general information only and should not be relied upon as the sole basis for making decisions, without consulting more accurate, complete and up-to-date sources of information. If you choose to rely on the content presented on this site, you do so at your own risk.

This site may contain certain historical information. Historical information, by its nature, is not current and is provided for reference purposes only. We reserve the right to modify the content of this site at any time, but we are under no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

ARTICLE 4 – CHANGES 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 and at any time.

We shall not be liable to you or to any third party for any price change, suspension or discontinuance of the Service.

ARTICLE 5 – PRODUCTS OR SERVICES, WHERE APPLICABLE

Certain products or services may be available exclusively online through our website. These products or services may be available in limited quantities and may only be returned or exchanged in accordance with our Returns Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear in our store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.

We reserve the right, but are not obliged, to limit the sale 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 product or service that we offer. All product descriptions and prices are subject to change at any time without notice, at our sole discretion. 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 by law.

We do not warrant that the quality of any products, services, information or other merchandise 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, at our sole discretion, reduce 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 using the same billing and/or delivery 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 address and/or billing address/telephone number provided at the time the order was placed. We reserve the right to limit or prohibit orders which, in our sole judgement, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all orders placed through our store. You agree to promptly update your account and other information, including your e-mail address, credit card numbers and expiry dates, so that we can complete your transactions and contact you as needed.

For further details, please review our Returns Policy.

ARTICLE 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control or influence.

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.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party provider or providers.

We may also, in the future, offer new services and/or features through the website, including new tools and resources. Such new features and services shall also be subject to these General Terms and Conditions of Sale and Use.

ARTICLE 8 – THIRD-PARTY LINKS

Certain content, products and services available through our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of these sites, and we do not warrant and shall not have any liability or responsibility for any third-party materials, websites, products, services or other items accessible on or from such third-party sites.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content or any other transactions made in connection with third-party websites. Please review carefully the policies and practices of third parties and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third-party products should be directed to the relevant third party.

ARTICLE 9 – USER COMMENTS, SUGGESTIONS AND OTHER SUBMISSIONS

If, at our request, you submit specific content, for example to enter competitions, or if, without a request from us, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by e-mail, by post or otherwise, collectively referred to as “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 that you send to us. We are and shall be under no obligation:
(1) to maintain any comments in confidence;
(2) to pay compensation for any comments;
(3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine, at our sole discretion, to be unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene or otherwise objectionable, or that violates any intellectual property rights or these General Terms and Conditions of Sale and Use.

You agree that your comments will not violate any rights of any third party, including copyright, trademarks, privacy, personality rights or other personal or proprietary rights. You further agree that your comments will not contain unlawful, defamatory, offensive or obscene material, and will not contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us and/or third parties as to the origin of any comments. You are solely responsible for any comments you make and for their accuracy. We take no responsibility and assume no liability for any comments posted by you or by any third party.

ARTICLE 10 – PERSONAL INFORMATION

The submission of your personal information through our store is governed by our Privacy Policy. Click here to view our Privacy Policy.

ARTICLE 11 – ERRORS, INACCURACIES AND OMISSIONS

There may occasionally be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, product delivery charges, delivery 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 and without prior notice, including after you have submitted your order.

We are under no obligation to update, amend or clarify information in the Service or on any related website, including but not limited to 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 set out in the General 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, state or regional 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 against anyone on the basis of gender, sexual orientation, religion, ethnic origin, 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 could compromise the functionality or operation of the Service, 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 our Service, 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 prohibited use.

ARTICLE 13 – DISCLAIMER OF WARRANTIES AND 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 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 prior 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, unless expressly stated otherwise 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 of merchantability or satisfactory quality, fitness for a particular purpose, durability, title and non-infringement.

SCPEA CHATEAU GASQUI, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors shall in no case be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including but not limited to loss of profits, revenue, savings, data, replacement costs or any similar damages, whether based in contract, tort, including negligence, strict liability or otherwise, arising from your use of any service or product obtained through this 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 the possibility of such damages.

Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the fullest extent permitted by law.

ARTICLE 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless SCPEA CHATEAU GASQUI, our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable solicitors’ fees, made by any third party due to or arising out of your breach of these General 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

In the event that any provision of these General Terms and Conditions of Sale and Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these General Terms and Conditions of Sale and Use. Such severance shall not affect the validity and enforceability of any remaining provisions.

ARTICLE 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These General Terms and Conditions of Sale and Use are effective unless and 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 judge that you have failed, or if we suspect that you have been unable to comply with any term or provision 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

Our failure 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, together with any other policies or operating rules posted by us on this site or in respect of the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede all prior and contemporaneous agreements, communications and proposals, whether oral or written, between you and us, including but not limited to any prior versions 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, and any separate agreements whereby we provide you with Services, shall be governed by and interpreted in accordance with the laws applicable at Route de Flassans, 83590 Gonfaron, France.

ARTICLE 19 – CHANGES TO THE GENERAL TERMS AND CONDITIONS OF SALE AND USE

You may review the most recent 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 publishing updates and changes on our site. It is your responsibility to visit our site regularly to check for changes. Your continued use of, or access to, our site following the publication of any changes to these General Terms and Conditions of Sale and Use constitutes acceptance of those changes.

ARTICLE 20 – CONTACT DETAILS

Questions regarding the General Terms and Conditions of Sale and Use should be sent to us at contact@chateau-gasqui.com.