General conditions - Domaine des BAUMARD

The general conditions were last updated on 21/01/2022

1. Introduction

These terms and conditions apply to this website and to transactions relating to our products and services. You may be bound by additional agreements in connection with your relationship with us or any products or services you receive from us. If any provisions of additional agreements conflict with any provisions of these terms and conditions, the provisions of those additional agreements shall prevail.

2. Mandatory

By registering, accessing or otherwise using this site, you hereby agree to be bound by the terms and conditions set forth below. By using this website, you acknowledge and agree to these terms and conditions. In some cases, we may also ask you to give your explicit consent.

3. Electronic communication

By using this website or communicating with us electronically, you agree and acknowledge that we may communicate with you electronically through our website or by sending you an e-mail, and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement, including but not limited to the requirement that such communications be in writing.

4. Intellectual Property

We or our licensees own and control all copyright and other intellectual property rights in the website and the data, information and other resources displayed or accessible on the website.

Unless specific content states otherwise, no license or other rights are granted to you under any copyright, trademark, patent or other intellectual property right. This means that you will not use, copy, reproduce, perform, display, distribute, incorporate into an electronic medium, modify, reverse engineer, decompile, transfer, upload, transmit, monetise, sell, merchandise or market any of the materials on this website in any form without our prior written permission, except and only to the extent that mandatory law (such as the right to quote) provides otherwise.

5. Newsletter

Notwithstanding the above, you may forward our newsletter in electronic form to others who may be interested in visiting our website.

6. Third party property

Our website may include hyperlinks or other references to third party websites. We do not monitor or review the content of third party websites that are linked to this website. Products or services offered by other websites are subject to the applicable terms and conditions of those third parties. Opinions expressed or material appearing on such sites are not necessarily shared or endorsed by us.

We are not responsible for the privacy practices or the content of such sites. You assume all risks associated with the use of these websites and any third party services. We will not accept any liability for any loss or damage, however caused, resulting from the disclosure of your personal information to third parties.

7. Responsible use

By visiting our website, you agree to use it only for the purposes intended and permitted by these terms and conditions, any additional agreements with us, and applicable laws and regulations, as well as generally accepted online practices and industry guidelines. You must not use our website or services to use, publish or distribute any material which consists of (or is linked to) malicious software; use data collected on our website for any direct marketing activity, or conduct any systematic or automated data collection activity on or in connection with our website.

It is strictly prohibited to engage in any activity that causes, or could cause, damage to the website or interfere with the performance, availability or accessibility of the website.

8. Registration

You can open an account on our website. During this process, you may be asked to choose a password. You are responsible for maintaining the confidentiality of passwords and account information and you agree not to share your passwords, account information or secure access to our website or services with any other person. You must not allow any other person to use your account to access the website as you are responsible for all activities that occur under your passwords or accounts. You must notify us immediately if you become aware of any disclosure of your password.

After the account is closed, you will not attempt to open a new account without our permission.

9. Idea submission

Do not send us any ideas, inventions, works of authorship or other information that may be considered your own intellectual property that you wish to present to us unless we have previously signed an intellectual property agreement or a non-disclosure agreement. If you disclose it to us in the absence of such a written agreement, you grant us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.

10. End of use

We may, in our sole discretion, at any time modify or discontinue, temporarily or permanently, access to the Website or any of the services contained therein. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of your access to or use of the website or any content you may have shared on the website. You will not be entitled to any compensation or other payment, even if certain features, settings and/or any content you contributed or relied upon are permanently lost. You must not circumvent or misuse, or attempt to circumvent or misuse, any of the restrictions on access to our website.

11. Warranties and liability

Nothing in this section shall limit or exclude any warranty implied by law which it would be unlawful to limit or exclude. This website and all its contents are provided on an "as is" and "as available" basis and may contain inaccuracies or typographical errors. We expressly disclaim all warranties of any kind, express or implied, as to the availability, accuracy or completeness of the content. We do not warrant that:

that this website or our products or services will meet your needs;
this website will be available uninterrupted, timely, secure or error-free;
the quality of any product or service purchased or obtained by you through this website will meet your expectations.

Nothing on this website constitutes or is intended to constitute legal, financial or medical advice of any kind. If you need advice, you should consult an appropriate professional.

The following provisions of this section will apply to the maximum extent permitted by applicable law and will not limit or exclude our liability in respect of any matter for which it would be illegal or unlawful for us to limit or exclude our liability. In no event shall we be liable for any direct or indirect damages (including damages for loss of profits or revenue, loss or corruption of data, software or databases, or loss of or damage to property or data) suffered by you or any third party arising out of your access to or use of our website.

Except to the extent that any additional agreement expressly provides otherwise, our maximum liability to you for any damages arising out of or relating to the website or any products and services marketed or sold through the website, regardless of the form of the legal action imposing liability (whether in contract, equity, negligence, intentional misconduct, tort, or otherwise) shall be limited to the total price you paid to us to purchase such products or services or use the website. This limitation shall apply in the aggregate to all of your claims, actions and causes of action of every nature and kind.

12. Privacy

In order to access our website and/or services, you may be asked to provide certain information about yourself as part of the registration process. You agree that all information you provide will always be accurate, correct and up-to-date.

We take your personal data seriously and are committed to protecting your privacy. We will not use your email address for unsolicited mail. The emails we send you are only related to the provision of agreed products or services.

We have developed a policy to address all your privacy concerns. For more information, please see our privacy statement and cookie policy.

13. Export Restrictions / Legal Compliance

Access to the website from territories or countries where the content or purchase of products or services sold on the website is illegal is prohibited. You may not use this website in violation of the export laws and regulations of France.

14. Assignment

You may not assign, transfer or subcontract any of your rights and/or obligations under these terms and conditions, in whole or in part, to any third party without our prior written consent. Any purported assignment in breach of this section shall be null and void.

15. Violation of these terms and conditions

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we consider appropriate to deal with the breach, including temporarily or permanently suspending your access to the website, contacting your internet service provider to request that it block your access to the website, and/or taking legal action against you.

16. Force majeure

Except for payment obligations hereunder, no delay, failure or omission by either party to perform or observe any of its obligations hereunder shall be deemed a breach of these terms and conditions if and so long as such delay, failure or omission results from any cause beyond the reasonable control of that party.

17. Compensation

You agree to indemnify, defend and hold us harmless from all claims, liabilities, damages, losses and expenses related to your violation of these Terms and Conditions and applicable laws, including intellectual property rights and privacy rights. You will promptly reimburse us for any damages, losses, costs and expenses related to or arising from such claims.

18. Derogation

Failure to enforce any of the provisions set forth in these terms and conditions and in any agreement, or to exercise an option to terminate, shall not be construed as a waiver of such provisions and shall not affect the validity of these terms and conditions or any agreement or any part thereof, or the right thereafter to enforce each provision.

19. Language

These general conditions shall be translated exclusively into French. All notifications and correspondence will be written exclusively in this language.

20. Full agreement

These terms and conditions, together with our privacy statement and cookie policy, constitute the entire agreement between you and Domaine des Baumard concerning your use of this website.

21. Updating of these general conditions

We may update these terms and conditions from time to time. The date shown at the beginning of these terms and conditions is the most recent revision date. We will notify you in writing of any changes or updates, and the revised terms and conditions will become effective on the date we notify you. Your continued use of this website following the posting of changes or updates will be deemed notice of your agreement to follow and be bound by these terms and conditions. To request an earlier version of these terms and conditions, please contact us.

22. Choice of law and jurisdiction

The present general conditions are governed by the laws of France. Any dispute relating to these terms and conditions shall be subject to the jurisdiction of the courts of France. If any part or provision of these terms and conditions is found by any court or other authority to be invalid and/or unenforceable under applicable law, that part or provision will be modified, deleted and/or enforced to the maximum extent permissible so as to effect the intent of these terms and conditions. The remaining provisions shall not be affected.