Dernière mise à jour : 3 août 2022

Acceptance of Terms of Use

These Terms of Use are entered into by and between You and Chateau d’Anvichar SAS (if in France) and/or Castillon, LLC (if in the United States) (collectively “Company”, “we”, ‘us’ or “our”). The following terms and conditions (“Terms of Use”) govern your access to and use of www.anvichar.com or www.anvichar.fr, including all content, functionality and services offered therein (collectively the “Site”), whether as a guest or a registered user.

Please read the Terms of Use carefully before using the Website. In the United States, by using the Site, you agree to be bound by and comply with these Terms of Use, our Privacy Policy and our Terms of Sale, both of which are incorporated herein by reference. If you do not wish to accept these Terms of Use, Privacy Policy or Terms of Sale, you should not access or use the Site. In France, your consent to our Cookie Policy and Privacy Policy is an opt-in process, as indicated therein.

The Site is offered and available to users who are of legal age to purchase alcoholic beverages in the country from which the Site is accessed. By responding to the age request pop-up on the Site, you represent and warrant that you are of legal age to purchase alcoholic beverages in the country from which you are accessing the Site, to form a binding contract with us and to meet all of the above eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

Identification of professionals

In accordance with articles 6-111 and 19 of the French Confiance dans l’Economie Numérique (Confidence in the Digital Economy Act), we inform you that this site is published by:

FRANCE United States

La Société Chateau d’Anvichar SAS, with a capital of 10.000€ whose head office is located:

6 lieu-dit Périgord, 33350 Saint-Genès-de Castillon FRANCE

Tel: +33 (0)557 479 115

Mail: admin@anvichar.com

Castillon, LLC

31103 Rancho Viejo Rd, D2177 San Juan Capistrano, CA 92675 Email: admin@anvichar.com

Registered in the Libourne Trade Register: 900 006 135 R.C.S. Libourne Intracommunity VAT number: FR 08900066135
The website’s publishing director is Carol Zaist in her capacity as director.

Hosting

Squarespace Ireland Ltd, Pole House, Ship Street Great, Dublin 8, Ireland Squarespace Ireland Ltd. is an Irish limited liability company.

Registration number 527641

VAT number: IE 3041081MH

Contact: support@squarespace.com, +35319058597

Hosting, Online sales (United States)

Commerce7

All comments, requests for technical support and other communications relating to the Site should be addressed to: admin@anvichar.com.

Changes to terms of use

We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately upon posting.

Your continued use of the Site following the posting of revised terms of use means that you accept and agree to the changes. You are required to check this page each time you access the Site to be aware of any changes, as they are binding on you.

Site access and account security

We reserve the right to withdraw or modify the Site and any products or services we provide on the Site, at our sole discretion and without notice. We will not be liable if, for any reason, all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to parts or all of the Site to users, including registered users.

For proper use of the Site, you must :

– Make all arrangements necessary for you to have access to the Site.

– Ensure that all persons who access the Site through your Internet connection are aware of and comply with these Terms of Use.

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all information you provide on the Site is accurate, current and complete. You agree that any information you provide to register on the Site or otherwise interact with us is governed by our Privacy Policy, and you consent to all actions we take with respect to your information in accordance with our Privacy Policy, consistent with applicable opt-ins under French law.

If you choose, or receive, a username, password or other information as part of our security procedures, you must treat such information as confidential and must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Site or any part thereof using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should take particular care when accessing your account from a public or shared computer so that others cannot view or record your password or other personal information.

We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time, in our sole discretion, for any reason, including if, in our sole opinion, you have violated any provision of these Terms of Use.

Intellectual property rights

The Site and all of its content, features and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us, our licensors or other providers of such material and are protected by U.S. and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Site for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, upload, store or transmit any material on the Site, except as follows:

– Your computer may temporarily store copies of such material in RAM incidental to your accessing and viewing such material.

– You may store files that are automatically cached by your Web browser for display enhancement purposes.

– You may print a copy of a reasonable number of pages from the Site for your personal, non-commercial use and not for further reproduction, publication or distribution.

– If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your personal, non-commercial use, provided that you agree to be bound by our end user license agreement for such applications.

You may not :

– Modify copies of any material on this site.

– Use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

– Remove or alter any copyright, trademark or other proprietary rights notices from copies of any materials on the Site.

You may not access or make commercial use of any part of the Site or any services or materials available on the Site.

If you wish to make any use of material on the Site other than that set out in this section, please address your request to: admin@anvichar.com.

If you print, copy, modify, download, use or provide any other person with access to any portion of the Site in violation of the Terms of Use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in the Site or any Site content is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Site not expressly permitted by these Terms of Use is a violation of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

Our names, the terms CHATEAU D’ANVICHAR, our label and logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You may not use these marks without the prior written consent of the Company. All other names, logos, product and service names, designs and slogans on the Site are trademarks of their respective owners.

Prohibited uses

You may only use the Site for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

– In any manner that violates any applicable federal, state, local or international law or regulation (including, without limitation, any law regarding the export of data or software to and from the United States or other countries).

– To exploit, harm or attempt to exploit or harm minors in any way by exposing them to inappropriate content, soliciting personally identifiable information or otherwise.

– To transmit or procure the sending of any advertising or promotional material, including any “junk mail,” “chain letters,” “spam” or similar solicitation.

– To impersonate or attempt to impersonate the Company, any employee or representative of the Company, any other user or any other person or entity (including, without limitation, by using e-mail addresses associated with the foregoing).

– Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or that we have determined may harm the Company or users of the Site, or expose them to liability.

You further agree not to:

– Use the Site in any manner that could disable, overburden, damage or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities via the Site.

– Use any robot, site vacuum or other automatic device, process or means to access the Site for any purpose whatsoever, including monitoring or copying any material on the Site.

– Use any manual process to monitor or copy any material on the Site, or for any other purpose not expressly permitted in these Terms of Use, without our prior written consent.

– Use any device, software or routine that interferes with the proper working of the Site.

– Introduce viruses, Trojan horses, worms, logic bombs or any other malicious or technologically harmful material.

– Attempt to gain unauthorized access to, interfere with, damage or disrupt any portion of the Site, the server on which the Site is stored or any server, computer or database connected to the Site.

– Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.

– Otherwise attempt to interfere with the proper working of the Site.

Monitoring and enforcement; Termination

We have the right to:

– Take appropriate legal action, including but not limited to referral to law enforcement, for any illegal or unauthorized use of the Site.

– Terminate or suspend your access to all or any part of the Site for any reason, including, but not limited to, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone for any illegal or unauthorized use of the Website. YOU WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF SUCH INVESTIGATIONS AND FROM ANY ACTION TAKEN AS A RESULT OF INVESTIGATIONS BY THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

Confidence in the information displayed

The information presented on or via the Site is provided for general information purposes only. We do not guarantee the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability arising from any reliance placed on such materials by you or any other visitor to the Site, or by any person who may be informed of its contents.

The Site may include content provided by third parties, including materials provided by other users, third-party bloggers and licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in such materials, as well as all articles and answers to questions and other content, other than content provided by the Company, are solely the opinions and responsibility of the person or entity providing such materials. These documents do not necessarily reflect the opinion of the Company. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by third parties.

Changes to the Site

We may update the content of the Site from time to time, but the content is not necessarily complete or current. Any content on the Site may be out of date at any time, and we are under no obligation to update such content.

Information about you and your visits to the Site

All information we collect on this Site is subject to our Privacy Policy. By using the Site, you consent to all actions we take with respect to your information in accordance with the Privacy Policy, as affected by your selections under our Cookie Policy.

Online purchases and other terms and conditions

All purchases made on our Site or other transactions for the sale of goods provided via the Site, or as a result of visits made by you, are governed by our Terms of Sale, which are hereby incorporated into these Terms of Use.

Additional terms and conditions may also apply to specific parts, services or features of the Site. All such additional terms and conditions are incorporated by this reference into these terms of use.

Links to the Site and social media features

You may link to our home page, provided that you do so in a fair and lawful manner and do not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.

The Site may provide certain social media features that allow you to:

– Link from your own website or certain third-party websites to certain content on this Site.

– Send emails or other communications with certain content, or links to certain content, on the Site.

– Cause limited portions of the Site’s content to be displayed, or to appear to be displayed, on your own or certain third-party websites.

You may use these features only to the extent that they are provided by us and only with respect to the content with which they are displayed. Subject to the foregoing, you must not:

– Link to any Site that does not belong to you.

– Cause the Site or any portion thereof to be displayed, or to appear to be displayed, for example, by means of an embedded frame, deep links or in-line links, on any other site.

– Link to any part of the Site other than the home page.

– Otherwise take any other action regarding the content of the Site that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us to immediately terminate any unauthorized frames or links. We reserve the right to withdraw permission to link without notice.

We may disable any or all social media features and links at any time without notice at our discretion.

Links from the Site

If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the content of these sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Site, you do so entirely at your own risk and subject to the terms and conditions of use of such websites.

Geographical restrictions

The owner of the Site is based in the State of California, USA. We provide this Site for use only by persons located in the United States. We make the Site available in French for informational purposes and for the convenience of French-speaking customers. We make no representation that the Site or its contents are appropriate or available for use outside the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to meet your particular requirements for virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of lost data.

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL OF SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS POSTED ON IT, OR ON ANY WEBSITES LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR MATERIALS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION REGARDING THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEB SITE, ITS CONTENT OR ANY SERVICE OR ITEM OBTAINED THROUGH THE WEB SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEB SITE OR ANY SERVICE OR ITEM OBTAINED THROUGH THE WEB SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH MAY NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITE LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and their respective officers, directors, employees, subcontractors, agents, licensors, suppliers, successors and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms of Use or your use of the Site including, but not limited to, any use of the Site’s content, services and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Site.

Applicable law and jurisdiction

All matters relating to the Site and these Terms of Use, as well as any dispute or claim arising out of or relating to them (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any suit, action or proceeding arising out of or related to these Terms of Use or the Site shall be brought exclusively in the federal courts of the United States or the courts of the State of California, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any objection to the exercise of jurisdiction over you by such courts and to the venue of such courts.

Arbitration

At the Company’s sole discretion, it may require You to submit any dispute arising out of these Terms of Use or use of the Site, including disputes arising out of or relating to their interpretation, breach, invalidity, nonperformance or termination, to final and binding arbitration under the Judicial Arbitration and Mediation Services (JAMS) Arbitration Rules, including the jams International Arbitration Rules, enforce California law, as set forth in the arbitration provision of the Terms of Sale.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS FOREVER BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, nor shall any failure by the Company to assert any right or provision under these Terms of Use constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary so that the remaining provisions of the Terms of Use shall remain in full force and effect.

Entire agreement

The Terms of Use, our Privacy Policy and our Terms of Sale constitute the sole and entire agreement between you and us with respect to Ste and supersede all prior and contemporaneous understandings, agreements, representations and warranties, written and oral, with respect to the Website.