1. Legal Information
VILMORIN, Limited Company (hereinafter « Vilmorin »)
Mailing Address of the Headquarters:
Route du Manoir
49250 LA MENITRE
Phone number: +33 (0)18.104.22.168.79
Company Registration number (SIREN): 562 050 864
Website’s Publisher: VILMORIN
Publication Director: Mrs. TAVIN Charlotte
Website Hosting Company: Kalélia, 3 allée Susan Brownell Anthony, 44200 Nantes.
Any notification made under Article 6.I-5 (last indent) of the law n°2004-575 dated June 21st, 2004 must be sent by registered letter with acknowledgement of receipt to the above-indicated Website Hosting Company.
This Website, in free and open access, has for purpose to inform the Website User (hereinafter the « User ») about the Friseline products. For the purpose of the present document, an « Affiliate » is understood as any existing or future legal entity that is directly or indirectly controlling, controlled by or under the common control of Vilmorin. « Control » shall mean the ownership, directly or indirectly, of more than fifty percent of the share capital or of the voting stocks.
Accessing and browsing the Webiste implies the unconditional acceptance of the present GTU, and the acknowledgment of their prevalence over any other agreement binding the User to Vilmorin with regards to the Website.
In case the User is not willing to abide by the present provisions, then said User shall not use the Website.
Vilmorin reserves the right, at any time and without any prior notice, to update or to amend its GTU.
In case the User does not agree with such modifications, then said User shall not use the Website anymore.
3. Website Content
The Website has been created for the purpose of providing information on the products and services to clients, and more generally information about the company Vilmorin and its Affiliates, such as:
- Agronomic Information
- Technical Information
- Commercial Information
4. Access to Restricted Services
Access to the Website is free and open, but some sections of the Website (“Contact us”) require the prior communication by the User of some information, such as:
- The Name of the Company,
- The Name and Surname of the legal representative of the Company,
- The Address of the Company,
- The Business Activity of the Company,
- The Company’s E-mail address (In the present GTU, this whole information will hereinafter be referred to as “Mandatory Information”).
5. Intellectual Property
The Website and all of its elements, including without limitation the texts, names, trademarks, taglines, logos, photographs, pictures animated or not, videos, graphics, icons, designs, music and HTML codes (the “Content”) are, unless otherwise specified, the property of Vilmorin or of third-party having granted to Vilmorin the right to use and/or to exploit it.
The Content is protected by the French and European laws and regulations applicable to copyrights, as well as by any other laws, rules and regulations applicable to intellectual property.
The User has the possibility to download, print, store and copy some portions of the Content, under the condition of its full respect of the following provisions:
(i) Use of the data for strictly personal use or for use within the frame of its business relationships with Vilmorin, at the exclusion of any commercial use;
(ii) Interdiction to use, publish or send any portion of the Content on other Internet websites or any other media open to the public;
(iii) Interdiction to modify, alter, adapt the Content or to create derivated works of the Content, delete or modify copyrights, trademarks or confidentiality provision.
At the exception of the above provisions, the User shall have no right to copy, download, print, publish, delete, distribute, store, reproduce, convey, sell, resale, adapt whole or part of the Content without Vilmorin’s prior written consent.
At the exception of the above-described provisions, no right, title or interest on the Website Content shall be transferred to the User, and none of the provisions of the present GTU shall be interpreted as granting to the User any license or any right whatsoever related to copyrights, trademarks, patents or any other intellectual property right owned by Vilmorin or by any other third party.
Furthermore and according to the provisions of article L341-1 of the French Intellectual Property Code, Vilmorin produces and owns the databases, whether in whole or in parts, included in the Website.
All trademarks, products and services names, and logos (the “Trademarks”) contained on the Website are the sole property of Vilmorin or of their respective owners. Unless expressly mentioned in the GTU, the User shall not quote, use, reproduce or make any use whatsoever of the Trademarks without Vilmorin’s prior written agreement.
6. Personal Data
Vilmorin is committing to be in line with the European regulation 2016/679 related to the personal data collection, processing and protection. In accordance with the regulation applicable since the 25th of May 2018 and the corresponding French legislation, individuals concerned by personal data as part of the General Conditions of Use can rightfully access, rectify, suppress, restrict processing and use data portability by contacting us via the following email : firstname.lastname@example.org or by mail to the following address : Vilmorin S.A. – Service Communication – Route du Manoir – 49250 La Ménitré.
7. Accuracy of the information published on the Website
Vilmorin will use its best endeavors to publish on the Website, in good faith but with no guarantee to procure a result, information that are accurate, complete and up-to-date. The User is also informed and acknowledges that some information and documents available on the Website are obtained from third parties, whose sources are, generally and whenever possible, identified. However, such information are provided for convenience only.
8. Contents of websites of third parties and hypertext links from or pointing to the Website
The Website may contain links to other Internet websites or include, in particular, websites owned by third parties (hereinafter the “Third Party Contents”). These Third Party Contents are conveyed to the Users for convenience only, and do not constitute any form of approval, validation, promotion or guarantee granted by Vilmorin in connection with said Third party Contents, nor a partnership or any kind of association between Vilmorin and the Third Party Contents’ operators or owners.
Vilmorin has no control over these Third Party Contents and does not control the content, the access, the sources or the links included on said Third Party Contents. Therefore, Vilmorin formally declines any responsibility regarding to the contents and the use of the Third Party Contents.
Vilmorin also strictly forbids the implementation of any hypertext link pointing to the Website, without Vilmorin’s prior written consent.
When visiting and browsing the Website, some browser “cookies” may be installed in the User’s browser. A cookie cannot be used to identify the User; however, it records information related to its browsing on the Website (pages browsed, date and time of browsing…)
The User can enable/disable or delete the cookies by changing its browser settings (for any further information, please refer to the website of your browser provider). By using the Website, the User accepts the installation of these cookies in its browser.
The Website also enables social sharing buttons, allowing the User to share some postings on social medias such as « Facebook », « Twitter », « Linked In » et « YouTube ». In order for this social sharing to work, external scripts are used. The User is warned that these websites may collect information about browsing habits, even without clicking on one of the social sharing buttons of the Website.
10. Website modifications
Vilmorin reserves the right, at any time, to modify the Website content and functionality in any way whatsoever, to limit the access to the Website, to temporarily or permanently interrupt it, for any reason and without any prior notice. In no case shall Vilmorin be held liable for any related consequences such modifications or interruptions may have.
However, in case of a scheduled maintenance of the Website or of a scheduled temporary interruption of whole or part of said Website (in particular the daily quotations status service), Vilmorin will inform the Users reasonably in advance, either by e-mail or by an announcement on the Website.
11. Warranty Disclaimer
The information contained in the Website shall in no case be considered as legally-binding and/or as official. The User acknowledges and accepts that, to the extent permitted by law, the Website is provided “as is”, without warranties of any kind, whether express or implied. Therefore, the User assumes all the risks related to or arising out of its use, its browsing or its access to the Website. Vilmorin does not warrant that the Website and its Content are error-free or virus-free, fulfil a particular need, do not violate any laws or regulations in force, or are not defamatory or shocking.
Vilmorin, its Affiliates, its employees, its representatives and its agents, shall not be held as liable:
(i) For any damages resulting from fraudulent intrusion of a third party des dommages résultant d’une intrusion frauduleuse d’un tiers leading to a modification of the information posted on the Website;
(ii) And more generally, for any damages direct or indirect, tangible or intangible (including but not limited to loss of data, loss of image, profit losses, missed opportunities, loss of revenues, loss of customers, and more generally any commercial prejudice), whatever causes, origins, natures or consequences, subsequent to the access to the Website or to difficulties or inability to access the Website, or related to the use of the Website and/or to the credit given to any information coming directly or indirectly from this Website.
However, in case of detection of a third party intrusion in the computer system linked to the Website that would impact the protection of the Users’ data, Vilmorin will notify the relevant Users and will take the necessary measures to secure the access to their Users’ accounts.
13. Applicable Law – Entire Agreement
Any failure or delay by one of the Parties for implementing the present GTU shall in no case be considered as an exemption regarding the application of such terms.
The present GTU and the relations between the User and Vilmorin shall be governed by French law. Failing to reach an amicable settlement, any dispute shall be brought before the competent jurisdictions of Angers, France.