GENERAL TERMS AND CONDITIONS OF USE OF THE COS D’ESTOURNEL MOBILE APPLICATION
The purpose of these General Terms and Conditions of Use (hereinafter referred to as the “T&Cs”) is to detail the terms and conditions for the provision of the “COS D’ESTOURNEL” Application and its services. It is important that you read these T&Cs carefully before using this Application.
If you do not accept the terms of these T&Cs, you must not click on “I ACCEPT.” The company DOMAINES REYBIER encourages you to print these T&Cs before giving your acceptance to ensure that you agree to them without reservation. By using this Application, you agree to comply with the terms of these T&Cs, which constitute a contract between DOMAINES REYBIER and yourself.
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Development: Itransition
1. Definitions
The terms defined in this section and used in these T&Cs shall have the following meanings:
– “Application”: refers to the COS D’ESTOURNEL mobile application provided to Users by the Company, accessible on smartphones and tablets, available via the “Apple Store” or “Google Play Store.”
– “T&Cs”: refers to these General Terms and Conditions of Use.
– “User Account”: refers to the User’s personal account.
– “Part(y/ies)”: refers individually and collectively to the Company and the User.
– “The Company”: refers to DOMAINES REYBIER, a limited liability company with a capital of €121,000, registered with the Bordeaux Trade and Companies Register under number 331 321 109, whose head office is located at Château Cos d’Estournel, 33180 SAINT-ESTEPHE.
– “Services”: refers to the services offered by the Application as described herein.
– “User”: refers to any natural person aged at least 18 years using the Application.
2. Objet
These T&Cs define the terms and conditions under which the User accesses and benefits from the Services offered by the Application.
Any use of the Application by the User implies full and unreserved acceptance of these T&Cs. The User agrees to these T&Cs, acknowledges that they are fully understood, and thus waives the right to invoke any contradictory document.
The T&Cs may be amended at any time by the Company. The relationship between the Parties will always be governed by the latest terms in effect on the date the User uses the Application. In the event of changes to these T&Cs, the User will be invited to accept the new terms applicable on the date of acceptance. If the User does not accept the new terms, they will be invited to delete their account under the conditions of Article 10 within one (1) month from the notification of the T&C changes. If the User does not use the termination option within the allowed period, they are deemed to have accepted the changes to the T&Cs.
3. Access and availability of the Application
The Application can be downloaded free of charge from the “Apple Store” or “Google Play Store” by any User with Internet access and a smartphone or tablet equipped with IOS or Android operating systems. The Application software version may be updated to add new features or to make corrections.
To use the Application and create a User Account, the User must be at least 18 years old. By accepting these terms, the User certifies they are of the required age to use the Application.
If the User uses the Application and its Services on behalf of a company or organization, they agree to have the authority to act on behalf of that entity, which accepts the present Contract.
Once the Application is installed, the User can use it without prior registration.
However, creating a User Account is necessary to benefit from certain features of the Application, particularly to access additional content as described in Article 4.1.
The User must complete a form with the following information:
– Title
– Last name
– First name
– Email address
– City
– Country
– State (if the user is from the USA)
The User must also create a password to access their User Account. A verification link will then be sent to their email address.
To log in to the Application, the User may also use their existing credentials (email address, password) previously used to log in to the Company’s website: https://www.estournel.com/fr.
3.2. Availability of the Application
The Application is accessible 24/7, except in cases of force majeure or events beyond the Company’s control, and subject to any necessary maintenance work and interventions for the proper functioning of the Application.
4. Services offered by the Application
As of the acceptance of these T&Cs, the Services accessible to Users on the Application are as follows:
For Users without a User Account:
– Navigation through the Application only.
For “Member” Users with a User Account:
– Navigation through the Application;
– Access to content, articles, videos, and podcasts that allow the User to discover Cos d’Estournel and/or its partners;
– Information on upcoming nearby events organized by the Company and/or its partners;
– Creation of a virtual cellar allowing the User to add and manage their “Cos d’Estournel” wine bottles;
– Access to instant messaging to ask questions to the Company regarding Cos d’Estournel, the products sold by the Company, or the Services offered;
– Information on the group’s hotels.
For “VIP” Users:
– Navigation through the Application;
– Access to content, articles, videos, and podcasts that allow the User to discover Cos d’Estournel and/or its partners;
– Early information on upcoming nearby events organized by the Company and/or its partners;
– Creation of a virtual cellar allowing the User to add and manage their “Cos d’Estournel” wine bottles;
– Access to instant messaging to ask questions to the Company regarding Cos d’Estournel, the products sold by the Company, or the Services offered;
– Information on the group’s hotels and access to special offers.
The User achieves “VIP” status upon the Company’s approval after performing certain actions (registering for events organized by the Company or its partners, purchasing wine bottles from the Company, adding a certain number of wine bottles to the virtual cellar, etc.).
The User acknowledges that the Application may evolve and that, as such, the Services could be adapted accordingly, including by adding or removing features, offering new content or digital services, etc.
4.3. Use of the Application may lead to consumption of part of the data plan subscribed to by the User with their mobile and/or internet operator. Depending on the User’s plan, any use of the Application from abroad may incur significantly higher costs than those incurred within their home country. It is entirely the User’s responsibility to obtain relevant information and pay any applicable fees, including roaming charges, billed by their operator.
User Obligations
5.1 Obligations related to the Use of the Application
5.1.1. The User agrees to comply with current laws and regulations and to respect the rights of third parties and public order.
When using the Application, the User specifically agrees to:
Provide complete and accurate information during use of the Application and update it as needed;
Not use the Application for fraudulent purposes or in any way not intended by these Terms;
Not disclose, distribute, or share Application content without the prior written consent of the Company;
Not extract or reuse, including for private purposes, a substantial portion or not of the database content or archives created by the Application without prior written authorization from the Company;
Not permanently or temporarily reproduce the Application and/or its content, in whole or in part, by any means or in any form, especially to create or facilitate the creation of a program serving the same purpose;
Not sell, rent, sublease, or transfer their license to use the Application and/or its content to third parties, nor commercialize access to or use of the Application in any way;
Not use software or processes designed to copy the Application and/or its content without prior written authorization from the Company;
Not impersonate anyone or attempt to log into an account other than their own;
Not engage in any system analysis similar to reverse engineering;
Not upload viruses or files that could harm the Application’s integrity;
Not engage in any adaptation, modification, translation, transcription, compilation, decompilation, assembly, disassembly, transcoding, or reverse engineering of any part of the Service, its content, and/or the Application.
5.1.2. The Company may request, at any time, that the User provide proof of the accuracy of the information provided during registration by sending a copy of a valid ID. If the User fails to provide such documents within thirty (30) days from the request, the Company reserves the right to delete the User Account.
5.2 Penalty for Non-Compliance with Article 5.1
Any failure by the User to fulfill the obligations defined in Article 5.1 may result in the closure of their User Account by the Company under the conditions of Article 10.
User Account and Security
6.1. The User is provided with secure, reserved access to their User Account via their ID and password. The User is responsible for the password chosen upon registration and agrees to be its sole holder.
6.2. The Company cannot be held liable for the consequences of fraudulent use of the password by a third party.
If the User suspects that someone else is using their identification details or User Account, they must inform the Company immediately via email at marketing@estournel.com as soon as possible.
6.3. In case of a lost password, the User can reset it by clicking on “FORGOT PASSWORD” on the login page. Once the form is validated, a link will be sent by email to allow the User to change their password.
License to Use and Intellectual Property
7.1. License to Use
The Company grants the User a personal, non-exclusive, revocable, non-assignable, non-transferable, worldwide, and free right to use the Application and its Services, solely for their own needs within the context of using the Application and the Services, and for no other purpose.
7.2. Intellectual Property
7.2.1. All intellectual property rights related to the Application, as well as all components (software, trademark, logos, photos) are the full and entire property of the Company, its directors, and/or its partners.
The User agrees not to infringe, either directly or indirectly or through third parties with whom they are associated, the intellectual property rights of the Company. The User agrees to use the Application and the Services solely for its intended purpose and to refrain from making it available to unauthorized third parties in any way.
7.2.2. Therefore, the User is strictly prohibited from:
Making copies of the Application or any component of it,
Distributing copies of the Application or its content to third parties,
Using the Application specifications to create or facilitate the creation of a similar program,
Modifying, altering, revising, or decompiling the Application for any purpose,
Using their passwords and/or identification for purposes other than their strict purpose of authentication,
Violating the Application’s functionality.
Any representation or reproduction, total or partial, of the Application and/or its content by any means, without the express permission of the Company, constitutes an act of infringement that may lead to criminal prosecution and/or claims for damages against the User.
Personal Data
The Company may process the User’s personal data in the conditions defined in its privacy policy as part of the use of the Application. Users are therefore invited to consult the “Privacy Policy” tab to learn about the data processing conditions.
Hyperlinks
The Application includes hyperlinks to partner or third-party websites. The Company has no control over these websites and assumes no responsibility for the information, content, products, and/or services offered by these sites.
Warranties – Liability
10.1. The Company provides no express or implied warranty regarding the Application and Services, other than as expressly stated in the Terms. The Company ensures the availability and continuity of the Application, although it cannot be held responsible for any interruption of the Application due to maintenance, technical issues, internet network congestion, or any other teletransmission system failure that could prevent the Application from operating.
The Company reserves the right to interrupt, suspend, or limit access to all or part of the Application, particularly due to technical or legal constraints.
10.2. The Company cannot be held responsible for poor execution of the Services caused by inaccurate or outdated information provided by the User.
10.3. The Company cannot be held liable for service interruptions or damages due to unauthorized access by a third party into the system or unauthorized data extraction, even with appropriate security measures implemented. The Company is only obliged to use available means to secure the system.
10.4. In case of any liability claim against the Company due to the malfunction of the Application, the Company may, at its sole discretion, address such claims by correcting the anomaly or updating the Application.
Duration – Deletion of the User Account
11.1. The creation of the User Account is effective upon registration under the conditions of Article 3.1, with no time limit on registration.
11.2. The Company reserves the right to delete the User Account in case of the User’s failure to fulfill any of their obligations after a seven (7)-day formal notice sent to the User via email has not been addressed. Termination will be immediate if the breach is irremediable.
11.3. The User may terminate their account at any time via the account settings.
In the event of account termination, the User will no longer have access to additional content on the Application but may still access the Application.
11.4. To delete your account:
Click on “Modify” in the “Personal Details” section.
Click on “Delete My Account”.
Your account will then be deleted.
To view our privacy policy, click here.
After account deletion, no user data will be retained.
Governing Law and Jurisdiction
12.1. These Terms and, more generally, the relationship between the Company and the User, are governed by French law.
12.2. The Company and the User agree to seek an amicable solution to resolve any disputes. In the absence of an amicable solution, any dispute arising from the operations covered by these Terms will be subject to the jurisdiction of the common law courts.
General Provisions
13.1. Any tolerance by one of the Parties toward the other Party shall not be interpreted as a waiver of the rights granted by these Terms.
13.2. If one or more provisions of these Terms are deemed invalid or declared as such by applicable law or following a final decision by a competent court, the remaining provisions will retain their full force and scope.
13.3. In case of a dispute, the Parties agree to consider email and/or exchanges via the Application as original written proof and waive the right to contest this evidence, except for its authenticity
LEGAL NOTICES – APPLICATION COS D’ESTOURNEL
COMPANY NAME: DOMAINES REYBIER.
LEGAL FORM: Public limited company with a capital of €121,000.
RCS: Registered with the Bordeaux Trade and Companies Register under number 331 321 109.
SIRET: No. 331 321 109 00018
REGISTERED OFFICE: Château Cos d’Estournel, 33180 Saint-Estèphe.
PHONE NUMBER: +33 (0)5 56 73 15 50
CONTACT EMAIL: estournel@estournel.com
LEGAL REPRESENTATIVE: Mrs. Aude AUGENBLICK, President of the Management Board.
PUBLICATION DIRECTOR AND EDITOR-IN-CHIEF: DOMAINES REYBIER
CONTACT: Géraldine Giroux – g.giroux@estournel.com
HOSTING PROVIDER: This site is hosted by Scalingo SAS. Scalingo is a simplified joint-stock company with a capital of €30,000 for data processing, hosting, and related activities (6311Z).
SIRET: 80866548300018
Head office: Scalingo, 9 rue de la Krutenau, 67000 Strasbourg
VAT Number: FR77808665483
Publication Director: Yann Klis
Mail: Scalingo, 9 rue de la Krutenau, 67000 Strasbourg, FRANCE
Technical support: support@scalingo.com
