1. INTRODUCTION

The website www.chateau-hardricourt.com is published by the company LE CHATEAU D'HARDRICOURT, a simplified joint stock company with a capital of 201,000 euros, whose registered office is 29 rue du Château 78250 Hardricourt, registered in the Versailles Trade and Companies Register under number 803 463 488.

The website www.chateau-hardricourt.com is hosted by the company Squarespace.

The director of the publication of the website is Mrs. Albanne Noiran as president of the publisher.

2. DEFINITIONS

2.1 In these terms and conditions of use, the following terms, words and expressions shall have the following meanings, unless expressly stated otherwise:

"Article" refers to the articles of these TOU.

"General Terms of Use" or "GTU" means the general terms of use by any Person of the Website and the Services, available on the Website in the "Legal Notice" section, which describe the rights and obligations of any User.

"General Terms and Conditions" or "GTC" means the general terms and conditions of sale subscribed to by a User in order to benefit from a Service.

"Control" means control of a Person as defined in Article L.233 3 of the French Commercial Code.

"Personal Data" means any data or Information defined as such by the Regulation (EU - 2016/679) of the European Parliament and of the Council of 27 April 2016, applicable in terms of personal data protection.

"Publisher" means the company LE CHATEAU D'HARDRICOURT, a simplified joint stock company with a capital of 201,000 euros, whose registered office is 29 rue du Château 78250 Hardricourt, registered in the Versailles Trade and Companies Register under number 803 463 488.

"Group" means, with respect to a Person, any Person that directly or indirectly Controls such Person, or is Controlled directly or indirectly by such Person, or is under the direct or indirect Control of a Person Controlling such Person.

"Information" means any information and/or data communicated by the User to the Editor (including any information relating to his Person and his company, allowing to identify him (them) or making him (them) identifiable) during the use of the Services and the Website.

"Day" means any day of the week except Saturday, Sunday and public holidays in France.

"Party" means, together or individually, the User and/or the Publisher.

"Person" means any natural person as well as any business corporation, association, partnership, joint venture, limited liability company, joint stock company or other company or organization, whether French or foreign, and more generally any entity with or without legal personality.

"Regulation" means any law, regulation, including any administrative instruction, general or specific, as well as any authorization, permit, approval, certification or standard, administrative, conventional or professional, applicable at any time, to the User and its activity (including, but not limited to: its assets, its associates or shareholders, its corporate accounts, its employees and/or corporate officers, its managers, its products and services, etc.).

"Website" means the website accessible at www.chateau-hardricourt.com.

"Service" means a service provided by the Publisher, as defined by Article 5 the TOS or, if applicable, the GTC.

"User" means any natural person who has (a) the requisite capacity to comply with his or her obligations under the TOU and (b) the rights that entitle him or her to (i) submit to the TOU.

2.2 Principles of interpretation.

The terms"Article","Paragraph" and"Appendix" refer to the articles, paragraphs and appendices of the TOU.

The following principles of interpretation shall apply unless the context warrants otherwise: 

(a) The definitions given for a term in the singular number shall also apply when that term is used in the plural and vice versa.

(b) The definitions given for a noun shall apply mutatis mutandis to verbs, adjectives and adverbs relating to it.

(c) The headings of the Articles, sections or paragraphs in the TOS are for convenience only and shall not be relied upon for their interpretation.

(d) All appendices, regardless of their numbering, and the foreword are part of the TOU and form an indivisible whole.

(e) In the TOS, the use of the terms :

(i) "including""including" and"including" imply that the enumeration or illustration that follows is in no way limiting or exhaustive;

(ii) "hereof" and any other similar term refers to the TOS as a whole, and is not limited to the particular section or sub-section in which that term appears.

(f) The provisions of the TOU shall not be construed against the Publisher solely because the Publisher was responsible for the preparation of such provision or because such provision was inserted into the TOU for the benefit of the Publisher.

(g) The term"or" without further qualification is never exclusive, as the expression"a or b" includes both"a","b" and"a and b". On the other hand,"either ..., or..." is always exclusive, the expression"either a or b" excluding the hypothesis that"a" and"b" exist together.

3. PURPOSE OF THE TERMS AND CONDITIONS

3.1 The TOU sets forth the general terms and conditions of use by any Person of the Website and the Services, and describes the rights and obligations of any User of the Website and the Services.

3.2 By accessing the Website and/or using the Services, any Person or User declares that he/she has read the GTUs and expressly accepts them without reservation and/or modification of any kind.

4. TERMS OF USE OF THE WEBSITE

4.1 It is the User's responsibility to equip himself/herself appropriately in order to connect to the Website. All equipment, connection and transmission costs necessary for the use of the Website are the sole responsibility of the User.

4.2 Access to and use of the Website by the User is carried out at his/her own risk. The User acknowledges that he/she has been informed that the transmission of data and information on the Internet network is relatively reliable, despite the protections implemented, that any Internet site may be subject to intrusion by unauthorized third parties, and that the information circulating on the Internet network is not protected against possible misappropriation or against possible viruses.

4.3 It is therefore up to the User to take the appropriate measures to protect his own data and/or software stored on his computer equipment against any attack originating from an access to the Website.

5. FUNCTIONALITY OF THE WEBSITE

5.1 Service Reservation

When you make a reservation, you agree to the applicable T&Cs as posted in the reservation process. Cancellation policy is mentioned in the T&Cs. If you cancel a reservation or do not show up, you will be charged a cancellation/no-show fee equal to the amount of the reservation.

5.3 Forms

The User, upon acceptance of the TOS, may send inquiries to the Publisher using forms made available to the User. If the User chooses to send an inquiry through forms, some of his/her Personal Information, including the User's e-mail address, may be visible to the Publisher.  

Inquiries made through the Messaging or contact form by the User are available to be viewed by the Publisher's employees, who may share these inquiries with other Users or any other Person, which the User acknowledges and agrees.  

The User is solely responsible for the Content of his messages exchanged via the forms.

5.4 Photographs and videos

The photographs and videos presented on the site are non-contractual.

6. USER DECLARATION

6.1 The User undertakes to communicate on the Website or via the Services, only accurate, compliant, readable and intelligible information and not prejudicial to the interests of third parties. In particular, the User undertakes to comply with and respect all Regulations.

6.2 The User agrees to defend and indemnify the Publisher and its Affiliates (including their officers, directors, employees and agents) from and against any and all consequences that the Publisher may suffer as a result of a Third Party Claim brought against the User or its Affiliates, except in the event of the Publisher's failure to perform its obligations under the TOU (which would be the cause of such claims), and resulting from the User's breach of any of its obligations or warranties under the TOU.

7. USE OF THE SERVICES

7.1 To order and use a Service, any User of the Website must be over 18 years of age. The User must (a) either fill in the form with all the required information and then click on the "order" button, which constitutes acceptance of the TOS, (b) or use any other form and click on the "send" button, which constitutes acceptance of the TOS. At this moment, the Person will have expressly accepted the terms and conditions of the GCU.

7.2 The electronic signature of the User when accepting the TOS, formalizes the conclusion of a contract between the User's company and the Publisher. This acceptance validated by the Person by its " click" on the button "I accept" or "send" or"register" or any other button that triggers the creation of a User Account, constitutes an irrevocable acceptance of these GCU, like a handwritten signature.

7.3 Only Persons who are legally capable of entering into contracts may become a User on the Website.

8. EFFECTIVE DATE AND TERM OF THE GCC

8.1 The TOU apply to the User as soon as he/she accesses the Website.

8.2 The GCU and the documents referred to therein together express the entire agreement between the Parties with respect to their subject matter and supersede any prior correspondence or documents that the Parties may have entered into or communicated to each other and having the same or similar subject matter.

8.3 The TOS may be unilaterally modified at any time by the Editor. In this case, the modifications made to the GTU come into effect as of their publication on the Website.

9. PROTECTION OF PERSONAL DATA

9.1 In accordance with the provisions of Regulation (EU - 2016/679) of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of Personal Data and the rules relating to the free movement of such data, the Information collected about Individuals (including Users) on the Website and when using the Services will only be used and communicated for the sole purpose of the administrative, marketing or commercial management of the Publisher or to meet contractual, legal or regulatory obligations.

9.2 By accepting the TOS under the conditions defined by Article 7.19.2 By accepting the TOS under the conditions defined in Article 7.1, the User authorizes the Editor to contact him by any means (e-mail, telephone, electronic communication, sms...), directly or under his responsibility through a third party provider, including for commercial purposes. He also authorizes the Editor to transmit his Personal Data to any Person of the Group or to a third party to satisfy the needs of the Website and the Services or to respect the applicable legal provisions. Each of the Parties undertakes to comply with the Regulation on the protection of individuals with regard to the processing of personal data and the rules relating to the free movement of such data and any other text in force or subsequent applicable to the protection of personal data.

9.3 Users have the right to access, modify, rectify and delete all Personal Data that have been brought to the attention of the Editor during the use of the Website and the Services. In the same way, the Users have the right to oppose to the transfer of their data at any time.

9.4 The exercise of the rights described above is possible by sending an e-mail to the Editor at the following address contact@chateau-hardricourt.com, or by sending us a letter at 29 rue du Château 78250 Hardricourt.

9.5 The Publisher, when acting as a data controller, undertakes to:

(a) comply with the applicable Personal Data Protection Regulations;

(b) take all necessary precautions to preserve the confidentiality and security of Personal Data, and in particular, to prevent them from being distorted, damaged or communicated to unauthorized third parties, and more generally, to implement appropriate technical and organizational measures to protect Personal Data against accidental or illicit destruction, accidental loss alteration, distribution or unauthorized access, particularly when the processing involves data transmissions in a network, as well as against any form of illicit processing, it being specified that these measures must ensure, taking into account the state of the art and the costs related to their implementation, a level of security appropriate to the risks presented by the processing and the nature of the data to be protected;

(c) comply with the retention period for Personal Data;

(d) respond within five (5) business days to any request from a User concerning the Personal Data processed by the Publisher (right of access, right of rectification, right of destruction, etc.);

(e) permanently and immediately delete or cause to be deleted the Personal Data that a User has requested to be deleted, taking into account the deletion within five (5) Business Days.

9.6 In case of legal request and/or claims, the Editor may be required to provide all information they have concerning the User, the Services and the Information.

10. PUBLISHER'S INTELLECTUAL PROPERTY

10.1 The information, images and texts contained on the Website are the property of the Editor. All rights on these elements are reserved. Any use, even with complete or partial modification, of the texts or illustrations, by any process whatsoever, made without the written consent of the Editor, is illicit.

10.2 The Website, the Services and each of their components is an original work of the mind, protected as such by the applicable national and international legislations, of which the Publisher (or the third party publisher) retains, as the holder of the rights, the intellectual property as well as all the prerogatives related to it. Consequently, the User does not acquire any intellectual property rights, nor any other rights than those conferred by the TOS.

10.3 The hypertext links set up on the Website towards other resources present on the Internet network, cannot engage the responsibility of the Editor, even when it is about partner of the Editor or other Users. The Editor has no control over linked websites and they may have different privacy policies and offer the possibility to purchase services and products from a third party to the Editor. The Publisher does not endorse any of these services and products and makes no representations or warranties regarding them. Furthermore, the Publisher's representations regarding compliance with the Regulations set forth inArticle 8.6 above relates solely to Personal Information obtained through the Web Site or through the use of the Services or the Information.  

11. WAIVER 

11.1 The failure of a Party to exercise any right under the TOU shall not be construed as a waiver of such right and shall not affect in any way the ability of such Party to exercise such right.

11.2 No waiver of any contractual representation or warranty shall be effective without a written and signed statement by the relevant Party notifying the other Party of its waiver.

12. INDEPENDENCE OF GCV PROVISIONS - CONTINUITY OF GCVS

The invalidity, unenforceability, lapse, illegality or unenforceability of any provision of these TOU, for any reason whatsoever, shall not affect the validity, legality or enforceability of the remaining provisions of these TOU, the Parties agreeing in such event to approach each other and negotiate in good faith with a view to replacing the invalid or deleted provision with a provision having equivalent effect.

13. APPLICABLE LAW 

The TOS are governed by and shall be construed in accordance with French law. 

14. NOTIFICATIONS - ELECTION OF DOMICILE

14.1 All notices or communications required to be given under the TOS shall be given to each Party by mail or email, the date of receipt or first presentation.

14.2 With regard to the User, any communication under the GTU will be sent to his address appearing in the Information of the completed form

14.3 With respect to the Publisher, any communication under the TOS shall be addressed to the following address

Attn: Customer Service

Address : LE CHATEAU D'HARDRICOURT 29 Rue du Chaâteau 78250 Hardricourt

Mail : contact@chateau-hardricourt.com  

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