Legal information
1. Presentation of the website.
Pursuant to Article 6 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, users of the website gencel.fr are hereby informed of the identities of the various parties involved in its creation and maintenance:
Owner: PROVIDENCE (CAVE GENCEL), a limited liability company with a share capital of €10,000, whose registered office is situated at 13 RUE DE LA MISERICORDE, 06400 CANNES, and registered with the Cannes Trade and Companies Register under number 899 484 976. Intra-Community VAT number FR09899484976.
Designer: YES!Design
Publication manager: PROVIDENCE (CAVE GENCEL) – contact {at} gencel {dot} fr
The publication manager is either a natural person or a legal entity.
Webmaster: YES!Design – [email protected]
Hosting provider: OVH – 2 rue Kellermann 59100 Roubaix, registered with the Roubaix Trade and Companies Register under number B424 761 419
2. General terms and conditions of use of the website and the services offered.
Use of the website gencel.fr implies full and unconditional acceptance of the general terms and conditions of use set out below. These terms and conditions of use may be amended or supplemented at any time; users of the website gencel.fr are therefore advised to consult them regularly.
This website is normally accessible to users at all times. However, Société PROVIDENCE (CAVE GENCEL) may decide to suspend access for technical maintenance purposes, in which case it will endeavour to notify users in advance of the dates and times of such maintenance.
The gencel.fr website is updated regularly by Société PROVIDENCE (CAVE GENCEL). Similarly, the legal notices may be amended at any time: they are nevertheless binding on the user, who is invited to refer to them as often as possible in order to keep abreast of any changes.
3. Description of the services provided.
The purpose of the gencel.fr website is to provide information concerning all of the company’s activities.
Société PROVIDENCE (CAVE GENCEL) endeavours to provide information on the gencel.fr website that is as accurate as possible. However, it cannot be held liable for any omissions, inaccuracies or failures to update the information, whether caused by itself or by third-party partners who provide this information.
All information provided on the gencel.fr website is given for guidance only and is subject to change. Furthermore, the information appearing on the gencel.fr website is not exhaustive. It is provided subject to any changes that may have been made since it was published online.
4. Contractual limitations regarding technical data.
The website uses JavaScript technology.
The website cannot be held liable for any material damage arising from the use of the website. Furthermore, the user of the website undertakes to access the website using up-to-date hardware, free from viruses, and with a latest-generation, up-to-date web browser.
5. Intellectual property and infringements.
PROVIDENCE (CAVE GENCEL) owns the intellectual property rights to, or holds the rights to use, all elements accessible on the website, including text, images, graphics, logos, icons, sounds and software.
Any reproduction, representation, modification, publication or adaptation of all or part of the elements of the website, by any means or process whatsoever, is prohibited without the prior written authorisation of: PROVIDENCE (CAVE GENCEL).
Any unauthorised use of the website or any of the elements it contains shall be deemed to constitute an infringement and shall be prosecuted in accordance with the provisions of Articles L.335-2 et seq. of the Intellectual Property Code.
6. Limitations of liability.
PROVIDENCE (CAVE GENCEL) shall not be held liable for any direct or indirect damage caused to the user’s equipment whilst accessing the PROVIDENCE (CAVE GENCEL) website, resulting either from the use of equipment that does not meet the specifications set out in point 4, or from the occurrence of a bug or incompatibility.
PROVIDENCE (CAVE GENCEL) shall also not be held liable for any indirect damage (such as, for example, loss of business or loss of opportunity) arising from the use of the website gencel.fr.
Interactive sections (such as the option to ask questions via the ‘Contact’ section) are available to users. PROVIDENCE (CAVE GENCEL) reserves the right to remove, without prior notice, any content posted in these sections that contravenes the legislation applicable in France, in particular the provisions relating to data protection. Where applicable, PROVIDENCE (CAVE GENCEL) also reserves the right to hold the user liable under civil and/or criminal law, in particular in the event of messages of a racist, abusive, defamatory or pornographic nature, regardless of the medium used (text, photographs, etc.).
7. Management of personal data.
In France, personal data is protected in particular by Law No. 78-87 of 6 January 1978, Law No. 2004-801 of 6 August 2004, Article L. 226-13 of the Criminal Code and the European Directive of 24 October 1995.
When using the gencel.fr website, the following information may be collected: the URL of the links via which the user accessed the gencel.fr website, the user’s internet service provider, and the user’s Internet Protocol (IP) address.
In any event, Société PROVIDENCE (CAVE GENCEL) only collects personal information relating to the user for the purposes of certain services offered by the gencel.fr website. The user provides this information in full knowledge of the facts, particularly when entering it themselves. Users of the gencel.fr website are then informed as to whether or not they are required to provide this information.
In accordance with the provisions of Articles 38 et seq. of Law No. 78-17 of 6 January 1978 on data processing, files and freedoms, every user has the right to access, rectify and object to the processing of their personal data by submitting a written and signed request, accompanied by a copy of an identity document bearing the holder’s signature, specifying the address to which the reply is to be sent.
No personal information relating to users of the gencel.fr website is published without the user’s knowledge, nor is it exchanged, transferred, assigned or sold in any form whatsoever to third parties. Only in the event of the acquisition of Société PROVIDENCE (CAVE GENCEL) and its rights would the transmission of such information to the prospective purchaser be permitted; the purchaser would in turn be bound by the same obligation regarding the retention and modification of data in relation to users of the gencel.fr website.
The aforementioned website is registered with the CNIL under number 1234.
The databases are protected by the provisions of the Act of 1 July 1998 transposing Directive 96/9 of 11 March 1996 on the legal protection of databases.
8. Hyperlinks and cookies.
The gencel.fr website contains a number of hyperlinks to other websites, set up with the authorisation of Société PROVIDENCE (CAVE GENCEL). However, Société PROVIDENCE (CAVE GENCEL) is unable to verify the content of the websites visited in this way and therefore accepts no liability in this regard.
Browsing the gencel.fr website may result in the installation of one or more cookies on the user’s computer. A cookie is a small file which does not allow the user to be identified, but which records information relating to a computer’s browsing activity on a website. The data obtained in this way is intended to facilitate future browsing of the website and is also used to measure website traffic.
Refusing to accept a cookie may mean that certain services cannot be accessed. However, the user can configure their computer as follows to refuse the installation of cookies:
In Internet Explorer: Tools tab (cog icon in the top right-hand corner) / Internet Options. Click on Privacy and select Block all cookies. Click OK.
In Firefox: at the top of the browser window, click the Firefox button, then go to the Options tab. Click the Privacy tab.
Set the Storage Rules to: ‘Use custom settings for history’. Finally, untick the box to disable cookies.
In Safari: Click the menu icon (represented by a cog). Select Preferences. Click on Show advanced settings. In the ‘Privacy’ section, click on Content settings. In the ‘Cookies’ section, you can block cookies.
In Chrome: Click on the menu icon (represented by three horizontal lines) in the top right-hand corner of the browser. Select Settings. Click on ‘Show advanced settings’. In the ‘Privacy’ section, click on ‘Settings’. In the ‘Privacy’ tab, you can block cookies.
9. Applicable law and jurisdiction.
Any dispute relating to the use of the gencel.fr website is governed by French law. Exclusive jurisdiction is assigned to the competent courts of Paris.
10. The main relevant laws.
Law No. 78-87 of 6 January 1978, as amended in particular by Law No. 2004-801 of 6 August 2004 on information technology, data files and civil liberties.
Law No. 2004-575 of 21 June 2004 on confidence in the digital economy.
11. Glossary.
User: An internet user who accesses and uses the aforementioned website.
Personal data: ‘information which, in any form whatsoever, directly or indirectly, enables the identification of the natural persons to whom it relates’ (Article 4 of Act No. 78-17 of 6 January 1978).