Conditions
You, as owner or legal representative (hereinafter “the Owner”) of a wine related activity (hereinafter "the Services"), and Vinogusto have a common objective: the promotion of its services and the satisfaction of wine amateurs and tourists (hereinafter "the customers"). As partners we collaborate to provide a greater awareness of “the services” offered and provide the best service to “the customers”.
We therefore propose the following contract:
If the following conditions are accepted, the Owner will be able to access the promotion plans offered by Vinogusto to promote "the services" and will specifically be accepting the conditions found in the Terms and Conditions (herein known as the Contract).
These promotion plans can be found in http://www.vinogusto.com/en/promotions. The promotion plans are directed to business related to the wine sector.
The remaining services offered by Vinogusto to the wine amateurs and tourists (notice board, forums, etc.) are free of charge, and the current conditions do not apply.
With regards to the promotion plans:
VInogusto is committed to giving the owner access to the information on “the services” which it offers and to carry out any changes in the photographs which are requested, so that these may be modified and updated.
Vinogusto will provide the Owner, on his / her request, with a password to be able to modify directly part of the information published in “the services” which correspond to his/her contract. The Owner shall keep under their own custody and preserve the confidentiality of these and will be responsible for the use that these access codes may be given.
Vinogusto has adopted very strict measures to maintain the service available practically 100% of the time. Nevertheless, due to the inevitable technical limitations, Vinogusto is in no way responsible for any eventual temporary interruption of the service. In the unlikely event of an interruption of more than a week, Vinogusto will provide compensation to the Owner in the form of an additional week of the contacted promotion.
Vinogusto reserves the right to carry out, under its own discretion, a selection of “the services” to access the offers and for them to be published in the Vinogusto website.
The Owner must provide true and exact information on the characteristics of “the services” offered in the website. The Owner is responsible for the information published and will maintain this data up-to-date at all times.
The Owner authorises Vinogusto to verify the information published and, in order to be able to facilitate the use of the website, to reduce and modify the information published on "the services".
To be able to give the best possible service to the customer, the Owner shall provide details and expand on the information published in the website, at the request of Vinogusto, by telephone or e-mail.
The use of the information given to Vinogusto by the Owner
Vinogusto is allowed to carry out any additional promotion work on “the services” offered by the Owner in other sections of the Vinogusto.com website (for example, other websites, publications, search engines on the Internet, etc. directed at potential customers). The Owner authorises Vinogusto to use the information given so that this may be provided to a third party for its publication or distribution.
Customers' comments, opinions and votes
We have a common objective: the promotion of “the services” offered by the Owner. The opinions of wine amateurs and tourists are a key factor for the success of the Vinogusto website and for you to receive numerous customers through Vinogusto.
When it comes to evaluating the comments or opinions of customers, Vinogusto must respect their freedom of speech and opinion.
Therefore, the Owner and Vinogusto accept to give the opportunity to customers to offer their opinions freely, whether they are negative or positive, with regards to "the services". The opinions which infringe upon the honour of the Owner or third parties will not be published.
Vinogusto takes no responsibility for the comments or opinions of customers or for the possible dammages and losses caused by these. Customers who give these comments must identify themselves and are registered in the Vinogusto files. Nevertheless, according to the law on the protection of data of a personal nature, Vinogusto is not authorised to provide personal details of "the Customers" without the consent of the customer or the legal or competent authority.
The Owner will be able to reply to any comments from Customers, on the condition that they identify themselves with the name of "The Owner" and that they respect the same conditions that govern the comments of the customers.
Specific conditions
The different procedures that shall be followed in the signing of the contract are clearly explained in the section: 5 easy steps. Vinogusto will electronically file the data found in the Contract. If you wish to identify and correct any error you can do so by sending an e-mail to Vinogusto. The contract may be made in French and / or English, French being the former the only valid version.
The Owner will be able to contract the actual promotions that appear in the section http://www.vinogusto.com/en/promotions. The duration of the promotion contracted by the Owner have a duration that appears in this section as from the signing of the contract and after the acceptance of the application by Vinogusto, and its date will be indicated in the e-mail and the invoice which is sent to the Owner.
At the fulfilment of the corresponding Contract, without any prior claim from either of the parties, the contract is understood as being automatically extended.
Vinogusto reserves the right to review the price and other conditions of any of the promotions without any prior notice. If this were to occur then the automatic extension of the contract would not come into force. At the end of the prevailing Contract, if the renewal of the promotion is accepted, it is understood that the Owner has thereby renewed their Contract with Vinogusto, accepting the Conditions of Service, legal notice and the corresponding promotion (known as the Contract).
Early termination of the Contract
The Contract shall be terminated earlier than the expiry date, if any of the parties seriously breaches any of the obligations foreseen in the Contract, considering the following, among others, as a serious breach of contract:
That the Owner deliberately presents incorrect information in the Website or that they do not comply with the characteristics of the Service, and/or rejects the freedom of their clients to present their opinions in relation to the “service”.
That the Owner does not pay or is behind in the payment of the promotions contracted with Vinogusto by more than 5 days.
Force Majeure
A Force Majeure is considered as that which is any event or circumstance that is not subjected to the control of either party or any other contingency that cannot be foreseen. If the service of the current contract is interrupted through Force Majeure, this obligation shall be postponed for the time and duration that is deemed justifiable.
Temporary application of the conditions
The current conditions, as well as the Legal Notice, may be modified at any time. The possible modifications of the conditions will only come into force as from the end of the contracted period.
In the case of a possible modification the automatic extension will not apply, and Vinogusto shall send the Owners a link for the new conditions.
Jurisdiction and applicable law
Both parties, expressly waiving their own jurisdiction, if possible, submit their case to the Courts and Tribunals of Brussels. The applicable Law shall be that of the Belgian Legal System.
The current document is a translation of the French version, which is the only legally binding document. It may be examined at: http://www.vinogusto.com/fr/conditions-service .
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