The terms used with an initial capital letter and not otherwise defined in one of the articles of this Agreement have the meaning given to them below, without there being any need to distinguish according to whether they are used in the singular, the plural, infinitive or conjugated. Site The set of web pages accessible via the following domains: winalist.fr, winalist.com, winalist.it, winalist.de, winalist.es, winalist.pt, winalist.nl, winalist.cn, winalist.jp, winalist .se, winalist.fi. Company has the meaning given to it in Article I. User surfer connecting, visiting and using the aforementioned site. Personal Information "information which allows, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom it applies" (article 4 of law n ° 78-17 of January 6, 1978). Host (s) Wine tourism professional registered on the Site with the aim of referencing the Experiences they wish to offer for booking to Site Users. Experience (s) Experience offered for booking on the Site by a Host.
1. Presentation of the Site
Under Article 6 of Law No. 2004-575 of June 21, 2004 on confidence in the digital economy, Site Users are informed of the identity of the various parties involved in carrying out and monitoring: Owner: Winalist, Simplified joint-stock company with a capital of € 18,137, registered under number 825 280 027 at the RCS of Reims and domiciled at 44 space les violettes, Mareuil, 51160 AY-CHAMPAGNE (hereinafter, the “Company »), Publication manager: the Company, Webmaster: the Company, Host: the Company.
2. General conditions of use of the Site and the services offered
3. Description of the services provided
The purpose of the Site is to put its Users in contact with tourism professionals and in particular wine tourism, who through the Site, can offer Experiences for booking. The Company strives to provide as accurate information as possible on the Site. However, it can not be held responsible for omissions, inaccuracies and deficiencies in the update, whether by them or by third party partners who provide this information. All the information indicated on the Site is given for information only, and is subject to change. Furthermore, the information on the Site is not exhaustive. They are given subject to modifications having been made since they were put online.
4. Creation of the User area
To reserve an Experience on the Site, the User must first create his personal User space. Once created, to access it, the User must identify himself using his secret, personal and confidential username and password. It is up to the User not to communicate his username and password in accordance. Each User undertakes to keep strict confidentiality on the data, in particular username and password, allowing him to access his User space, the User acknowledging that he is solely responsible for access to the Service through his username and password, except proven fraud. Each User also undertakes to inform the Company without delay in the event of a loss, misappropriation or fraudulent use of their username and / or password.
The User agrees when registering to:
- deliver real, exact, up-to-date information at the time of entering it into the service registration form, and in particular not to use false names or addresses, or names or addresses without being authorized to do so.
- Keep the registration data up to date in order to constantly guarantee its real, exact and up-to-date character.
The User also undertakes not to make available or distribute illegal or reprehensible information (such as defamatory information or constituting identity theft) or harmful (such as viruses). Otherwise, the Company will be able to suspend or terminate the User's access to the Site for its exclusive wrongs.
5. Booking an experience
When booking an Experience, the User has the possibility to check the details of his reservation and its total price, and to return to the previous pages to make any corrections. The User agrees to read the General Conditions of Use then in force before accepting them and confirming the terms of withdrawal prior to payment of his reservation. Confirmation of the reservation implies acceptance of the T & Cs and forms the contract. The attention of the User is particularly drawn to the mode of acceptance of the reservation made on the Site. When the User makes the reservation, he must confirm it by the "double-click" technique, that is to say that after having selected the Experience he wishes to book, the User must check and possibly correct the content of his pending reservation before confirming it by clicking on "Book now", then he acknowledges accepting these T & Cs before clicking on the "Confirm my reservation" button, finally he validates his reservation after filling his bank details. The "double click" is equivalent to an electronic signature and is equivalent to a handwritten signature. It constitutes an irrevocable and unreserved acceptance of the reservation by the User. The archiving of communications, payment receipts, invoices is provided by the Company on a reliable and durable medium so as to constitute a faithful and durable copy. These communications, payment receipts and invoices can be produced as proof of the contract. Unless proven otherwise, the data recorded by the Company on the Internet or by telephone constitutes proof of all transactions between the Company and its Users. The contractual information relating to the reservation will be confirmed by e-mail in good time and at the latest at the time of delivery. The Company strongly advises the User to print and / or archive this booking confirmation as proof as a reliable and durable medium. A digital receipt is made available to the User in the "my account" area. The Company also advises the User to print and / or archive this receipt as proof as a reliable and durable medium. Any email that will be sent to the User as part of a reservation will be sent to the email address that the User uses to identify himself in his User area. The Company reserves the right not to validate the User's reservation for any legitimate reason, in particular in the event that: The User does not comply with the General Conditions of Use in force at the time of his reservation; The User's reservation history shows that sums remain due for previous reservations; One of the User's previous reservations is the subject of a dispute being processed; The User did not respond to a request for confirmation of his reservation that the Company sent him. The Company archives the contracts for the sale of Services in accordance with applicable law. By making a request to the address of the Company, the Company will provide the User with a copy of the contract which is the subject of the request. Any modification of a reservation by the User after confirmation of his reservation is subject to the agreement of the Company. The information communicated by the User when placing the reservation commits the latter. Thus, the responsibility of the Company cannot in any way be sought in the event that an error when placing the reservation prevents or delays delivery / delivery. The User declares to have full legal capacity allowing him to commit under these General Conditions of Use. Registration is open to capable adults and prohibited to minors. In any case, registration is not authorized on behalf of third parties unless they are validly authorized to represent it (legal person for example). Registration is strictly personal to each User. In the event of a breach by the User of any of the provisions herein, the Company reserves the right to terminate the account of said User without notice.
6. Right of withdrawal
According to article L221-28 of the Consumer Code: “The right of withdrawal cannot be exercised for contracts: […] Provision of accommodation services, other than residential accommodation, of transport services for goods , car rentals, catering or Leisure Experiences which must be provided on a specific date or period […]. Any request for cancellation of a reservation by the User is therefore fully subject to the Cancellation Policy of the Host providing the Reserved Experience. All Cancellation Policies are clearly indicated on the Site. The User also has the option of contacting the User service to find out the Cancellation Policy applicable to the Experience he wishes to book.
7. Method of payment and security of the transaction
The User expressly acknowledges that any reservation made on the Site is a reservation with payment obligation. The User is informed that the reservation cannot be considered effective before the perfect collection by the Company of the sums due by the User. The Company uses the STRIPE online payment solution. Reservations can be paid by credit card. Payment is made directly on the secure bank servers of the supplier of the online payment solution, the User's bank details do not pass through the Site. The bank details provided during payment are protected by an SSL (Secure Socket Layer) encryption process. In this way, these contact details are not accessible to third parties. The User's reservation is recorded and validated upon acceptance of payment by the supplier of the online payment solution The User's bank account will be debited for the corresponding amount only when (i) the details of the bank card used have been verified and (ii) the debit will have been accepted by the bank that issued the bank card. The impossibility of debiting the sums due will result in the immediate nullity of the sale. The bank card can in particular be refused if it has expired, if it has reached the maximum amount of expenditure to which the User is entitled or if the data entered is incorrect. If applicable, the reservation validated by the User will only be considered effective when the secure bank payment center has given its agreement to the transaction. As part of the control procedures, the Company may have to ask the User for all the documents necessary to finalize their reservation. These parts will not be used for any other purpose than these.
8. Ratings and Comments
Within a certain period after the finalization of a reservation, the User may leave a public comment (hereinafter, the "Comment") and a star rating (the "Rating") about the Experience that they made immediately after their reservation on the Site. The Ratings and Comments reflect the opinion of the individual User and not that of the Company. Ratings and Comments are not verified by the Company and may be unfounded or misleading. The Ratings and Comments left by the User must be faithful and must not contain abusive or defamatory terms. Hosts are prohibited from manipulating the Ratings and Comments system in any way, for example by asking a third party to write a positive or negative Comment on another Member. Ratings and Comments are part of a Host's public profile and can also be displayed elsewhere on the Site with other relevant information, such as the number of reservations, the number of cancellations, the average response time and 'other information.
9. Customer Service
The User can contact the Company:
- Via the Chat available on all the web pages of the Site,
- Via the contact form accessible at the following address: https://www.winalist.fr/contact
10. Intellectual property and counterfeits
Winalist SAS owns the intellectual property rights or holds the rights of use on all the elements accessible on the Site, in particular the texts, images, graphics, logo, icons, sounds, software. Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the Site, whatever the means or process used, is prohibited without the prior written permission of the Company. Any unauthorized use of the Site or any of the elements it contains will be considered as constituting an infringement and prosecuted in accordance with the provisions of articles L.335-2 and following of the Intellectual Property Code. The content of the Site, including the content published by the members may be fully or partially protected by copyright, trademark law and / or other French or other country laws. The User acknowledges and accepts that the content of the Site, including all associated intellectual property rights, is the exclusive property of the Company and / or its licensors or third parties having granted it an authorization. The User is prohibited from removing, altering or hiding any mention of copyright, trademark, service mark or other notices of property rights incorporated into the content of the Site. All trademarks, service marks, logos, trade names and other distinctive signs of Winalist used on or in connection with the Site are trademarks or brands belonging to the Company. The trademarks, service marks, logos, trade names and other proprietary designations of third parties used on or in connection with the Site are used for identification purposes only and may be the property of their respective owners. It is prohibited for the User to use, reproduce, adapt, modify, create works derived from, distribute, license, sell, transfer, publicly present, transmit, distribute or exploit the content of the Site, unless you are the full owner of the content or if these Conditions expressly authorize it. No license or right is implicitly or otherwise granted under any intellectual property right owned or controlled by the Company or its licensors, except for the licenses and rights expressly granted in these Terms.
11. Limitations of liability
The Company cannot be held responsible for direct and indirect damage caused to the User's equipment when accessing the Site, and resulting either from the use of equipment that does not meet the specifications indicated in point 4, or from the appearance of a bug or incompatibility. The User acknowledges having verified that the computer configuration he uses is secure and in working order. The Company cannot also be held liable for indirect damage (such as loss of market or loss of opportunity) resulting from the use of the Site. Interactive spaces (possibility to ask questions in the contact space) are available to Users. The Company reserves the right to delete, without prior notice, any content posted in this space that would violate the law applicable in France, in particular the provisions relating to data protection. Where appropriate, The Company also reserves the right to challenge the User's civil and / or criminal liability, in particular in the event of a racist, abusive, defamatory, or pornographic message, regardless of the medium used ( text, photography…).
12. Management of personal data
In France, personal data is notably protected by law n ° 78-87 of January 6, 1978, law n ° 2004-801 of August 6, 2004, article L. 226-13 of the Criminal Code and the European Directive of October 24, 1995. On the occasion of the use of the Site, the following can be collected: the URL of the links through which the User has accessed the Site, the User's access provider, the address Internet Protocol (IP) of the User. In any event, the Company only collects personal information relating to the User for the need of certain services offered by the Site. The User provides this information with full knowledge of the facts, in particular when he enters it himself. It is then clear to the Site User whether or not to provide this information. In accordance with the provisions of articles 38 and following of the law 78-17 of January 6, 1978 relating to data processing, the files and freedoms, any User has a right of access, rectification and opposition to the personal data concerning him, by making his written and signed request, accompanied by a copy of the identity document with signature of the holder of the document, specifying the address to which the response must be sent. No personal information of the Site User is published without the User's knowledge, exchanged, transferred, assigned or sold on any medium to third parties. Only the assumption of the redemption of the Company and its rights would allow the transmission of said information to the potential purchaser who would in turn be held under the same obligation to store and modify data with respect to the Site User . The aforementioned Site is declared to the CNIL under the number 2032388. The databases are protected by the provisions of the law of July 1, 1998 transposing Directive 96/9 of March 11, 1996 relating to the legal protection of databases.
13. Hypertext links and cookies
The Site contains a number of hypertext links to other Sites, set up with the authorization of The Company. However, The Company does not have the possibility to verify the content of the Sites thus visited, and will therefore assume no responsibility for this fact. Navigation on the Site is likely to cause the installation of cookie (s) on the User's computer. A cookie is a small file, which does not allow the identification of the User, but which records information relating to the navigation of a computer on a website. The data thus obtained are intended to facilitate subsequent navigation on the Site, and are also intended to allow various measures of attendance. Refusal to install a cookie may make it impossible to access certain services. The User can however configure his computer in the following manner, to refuse the installation of cookies: In Internet Explorer: tool tab (pictogram in the form of a cog in the upper right) / internet options. Click on Confidentiality and choose Block all cookies. Validate on Ok. In Firefox: at the top of the browser window, click on the Firefox button, then go to the Options tab. Click on the Privacy tab. Configure the Storage rules on: use personalized parameters for history. Finally uncheck it to deactivate cookies. In Safari: Click at the top right of the browser on the menu pictogram (symbolized by a cog). Select Settings. Click on Show advanced settings. In the "Confidentiality" section, click on Content settings. In the "Cookies" section, you can block cookies. In Chrome: Click at the top right of the browser on the menu pictogram (symbolized by three horizontal lines). Select Settings. Click on Show advanced settings. In the "Confidentiality" section, click on preferences. In the "Confidentiality" tab, you can block cookies.
In the event of a dispute, you must first contact the company's Customer Service at the Company's contact details. In the event of failure to submit a claim to Customer Service or in the absence of a response from this service within fifteen (15) days, the User may submit a request for mediation by a third party approved by the Commission Assessment and Control of Consumer Mediation, which he will benefit from free of charge and in which the Company will participate in view of the resolution of the dispute. The User has the right to end their participation in mediation or any similar dispute resolution procedure at any time. This clause does not affect the right of a User to initiate legal proceedings in court.
15. Applicable law and attribution of jurisdiction
Any dispute in connection with the use of the Site is subject to French law. Exclusive jurisdiction is given to the competent courts of Paris.
16. The main laws concerned
Law n ° 78-17 of January 6, 1978, notably modified by law n ° 2004-801 of August 6, 2004 relating to data processing, files and freedoms. Law n ° 2004-575 of June 21, 2004 for confidence in the digital economy.