TERMS AND CONDITIONS
This website is reserved to users with legal age to consume alcohol.
Article 1. Subject matter
BASTILLE DAY SAS, French joint-stock simplified companyregistered in the Paris Trade and Companies Register under number 819 888 702, whose registered office is at 90, avenue des Champs Elysées – 75008 Paris, France, operates a website available at URL http://www.guillotinevodka.com
These terms and conditions (hereinafter referred to as the“Terms”) apply between BASTILLE DAY and any person who can access to the website (hereinafter referred to as the “Website Users”).
Website Users’ rights and obligations on the website www.guillotinevodka.comare defined by the Terms (hereinafter referred to as“Website”).TheWebsite Users undertake to respect the present Terms applicable to the Website at any time.As a consequence, Website Users acceptwithout any restriction the entire Terms before any use of the Site.
By accessing to the Website the Website Users automatically accept the Terms without restriction.
BASTILLE DAY will have the right to amend the Terms at any time and without prior notification.The modifications will enter into force as soon as they are online.
The Website Users should regularly consultthe latest version of the Termsaccessible on: [à compléter].
The Website use after its modifications of these Terms means that the Website Users accept the amended Terms.
Article 2. Access and use of the Website
2.1 The Website access is subject to national, Community and international laws applying in the country of connection.
2.2 The Website access is temporarily authorized for Website Users who are located in countries or territories where the sale, advertising and consumption of alcoholic beverages are permitted.
The Website access is exclusively reserved to Website Users with legal age to purchase or use alcohol in their country of residence. If there is no specific legal provision about this age, the Website User must at least be 21 years old.
BASTILLE DAY may require the Website User’s age when entering on the Website.
The Website User must indicate his country of residence and his age in order to access to the Website.
If the Website User indicates a lower age than the legal age to use alcohol in his country of residence, the access to the Website will be blocked.
The Website User should give complete and accurate information.
If the Website User indicated a wrong age and/or country of residence in order to access to the Website, he should immediately quit the Website. BASTILLE DAY will not be liable on this basis.
The Website User agrees to immediately quit the Website if he does not accept the present terms or if he is underage to use alcohol in his country of connection or if he accesses to the Website from a country where use of the Website is prohibited.
2.3 The Website access is free.
Computer and any equipmentto access to the Website are the exclusive charge of the Website User.
The Website User assumes the cost of telecommunication to access and consult the Website.
2.4 BASTILLE DAY grants to the Website User a right of consultation, use and access to the information available on the Website.
In particular, the WebsiteUsers agree to:
- Check that their computer configuration does not contain any virusand is in perfect working order;
- Do not to copy all or part of the Website on any other third party website or any other medium;
- Do not set anysystem to entirely or partiallyhack the Website or violate the Terms;
- Inform BASTILLE DAY as soon as he becomes aware of a "piracy" and/or
any unlawful or non-contractual use of the elements of the Website
by anytype of diffusion.
2.5 The Website User accepts without any condition or reserve that his navigation and use of the Website are under his sole responsibility.
2.6 The Website User acknowledges he is liable of any damage caused to himself, to third parties and/or to his equipment as a result of his connection or use of the Website.
Article 3. Availability of the Website
3.1 BASTILLE DAY undertakes to make its best efforts to secure the access, consultation and use of the Website. The Website is available 24 hours a day, 7 days a week, except in case of force majeure or occurrence of an event out of control of BASTILLE DAY, and subject to breakdowns and necessary corrective and progressive maintenance for the proper working of the Website.
Maintenance interventions may be carried out without prior notice to Website Users.
3.2 BASTILLE DAY will have the right to amend at any time andat its sole discretion and without prior notice the configuration of the Website such as the right to remove, limit, suspend or prohibit access to the Website, temporarily or definitively.
BASTILLE DAY will have the right to remove or amend any information of the Website,
including any informationviolating national laws.
3.3 The Website Users accept the features and limits of the Internet, and in particular recognize that:
- their use of the Website is at their own risks;
- the Website is accessible as it is and subject to availability;
- they are solely liable regarding the protection of their data and/or and that they take all appropriate measures to protect them from potential viruspresent on the Website.
Article 4. Liability restriction
4.1 BASTILLE DAY cannot be held liable for any direct or indirect damage resulting from the use of the Website or from the impossibility to access or use the services of the Website.
BASTILLE DAY does not guaranteeto the WebsiteUsers the quality or availability of the Website, in case of breakdown, interruption of connection, etc.
4.2 BASTILLE DAY does not give any guarantee of reliability, accuracy, completeness or currency of the data present on the Website, whether provided by BASTILLE DAY itself or by its partners.Therefore, all data on the Website are provided only for information purposes.
BASTILLE DAY cannot be held liable for the incompleteness or inaccuracy of such information.
4.3 BASTILLE DAY cannot be held liable for any virus on the Website.
4.4 BASTILLE DAY cannot be held liable for any incompatibility, malfunction or other technical problems, between the use of the Website and the Website Users' computers.
4.5 The Website User is liable of damages caused by his connection or use of the Website, whether to himself, third parties or his equipment.
Article 5. Prohibited behaviour
The Website User may not forward to the Website or from this Website pornographic material, obscene, defamatory, abusive, infringing or violating privacy rights, threatening, harassing, illegal or otherwise, which may constitute a criminal offense ormay engage BASTILLE DAY’s or a third party’s civil liability, promote excessive alcohol consumption, inciting minors to consume alcohol or violating a legal rule.
Article 6. Intellectual property
6.1 The trademark « VODKA REVOLUTIONNAIRE GUILLOTINE » and its derivatives, logos, graphic design, layout, information, presentation and more generally the content of the Website, the above list being not limited to these elements, are the exclusive property of BASTILLE DAY or the latter holds all necessary rights and authorizations to exploit them.
BASTILLE DAY is the owner or the holder of all intellectual property rights on Website structure and content, unless expressly stated otherwise.
6.2 Any partial or total reproduction or representation of the Website or of any of its elements, such as trademarks, logos, graphic charter, layout, information, presentation and content of the Website, without this list being limited to, are prohibited.
6.3 These Terms do not involve the transfer of any intellectual property right on the structure and/or the content of the Website for the benefit of the Website User.
BASTILLE DAY gives the Website User only a right of consultation of the Website for its strictly personal and private use, which he expressly recognizes and accepts.
6.4 The User expressly undertakes that his use of the Website does not infringe BASTILLE DAY’s rights and should not constitute any infringement, parasitism or unfair competition.
Article 7. Personal data / Cookies
BASTILLE DAY could collect personal data through cookies. Cookies policy is described below.
Cookies are an automatic tracking process which record information relating to the Website Users’ navigation. Cookies contain information about Website Users’ visit of the Website in order to facilitate its use.
Website Users’ consent is collected by BASTILLE DAY to put cookies on the Website Users’ computer in accordance with legal provisions, including deliberation n°2013-378 of 5 December 2013 (which refers to Article 32-III of 6 January 1978 Act).
The Website users collected consent can be maintained for 13 (thirteen) months following its deposit on the Website Users computer. The data stored on Website Users’ computer to identify them shall be kept for this period. Upon expiration, the data concerned will be deleted or anonymized.
The Website User may refuse installation of cookies and/or delete them by following the procedure indicated on his browser.
Personal data collected through cookies will be collected and used in accordance with the amended Data Protection Act of 6 January 1978.
The relevant data related to cookies may be transferred by BASTILLE DAY to commercial partners outside the European Union and in particular to partners based in the United States,
for the sole purpose of good administration of the Website and management of the commercial relation with the Website Users.
The collection and processing of the data have been declared by BASTILLE DAY with the National Commission of Informatics and Liberties under number 2052565
The Website Users have the right of access, rectification and portability of the data related to them.
They also may refuse data treatment for legitimate reasons. The Website User may also inform BASTILLE DAY how his personal data have to be treated in the event of his death (deletion or transmission to the heirs he designated in particular).
To exercise these rights, the Website Users must send a letter to the following address: 10, Place Vendôme 75001 Paris France or an email at the following address: firstname.lastname@example.org
Article 8. Hypertext links
The Website may contain hypertext links related to third party websites operated by other companies than BASTILLE DAY over which BASTILLE DAY has no control. The Website Users can access to these third parties’ websites under their own and sole liability.
As a consequence, BASTILLE DAY declines any liability about the third party website use and content.
The Website User does not introduce any hypertext link related to any third party website on the Website, except prior written consent of BASTILLE DAY.
The hypertext links of third party referring to the Website must be deleted by the Website Users upon request of BASTILLE DAY.
Article 9. Miscellaneous provisions
9.1 Should any provision of the Terms be considered void or unenforceable by law, regulation or as a result of a final court decision, it would be deemed as unwritten. The remaining provisions will remain in force.
9.2 The contractual relations between BASTILLE DAY and the Website Users are only governed by the Terms.
9.3 In the event of failure by aWebsite User to comply with any of the provisions of the Terms, BASTILLE DAY will have the right to suspend the Website User’saccess to the Website and to initiate any action against this Website User.
Article 10. Applicable law - Disputes
The Terms are under French law.
The Courts of Paris are exclusively competent to treat any dispute related to the Terms, including but not limited to their validity, interpretation, execution, termination and consequences, except in the case where such assignment of jurisdiction would not be applicable regarding one of the parties’ status.
Updating date: 04-11-2017
Effective date of initial Terms: 04-11-2017
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