General Conditions of Use (GCU) of the website “www.vilmorin-tree-seeds.com”
1. Legal notices
Web address:
www.vilmorin-tree-seeds.com
Company name:
VILMORIN Société Anonyme [Public Limited Company] (hereafter “Vilmorin”)
Postal address of the registered office:
Route du Manoir
49250 LA MENITRE
France
Telephone No.: +33 (0)2.41.79.41.79
SIREN (French business ID) No.: 562 050 864
Site publisher: VILMORIN
Publication director: Mrs Charlotte Tavin
Managing editor: Mr Sylvain Ounfana
Site publisher: Vilmorin
Site host: MEDIAPILOTE, 73, Bd Jacques Portet, 49100 ANGERS, France
Any notification carried out pursuant to Article 6.1-5 (last indent) of the law of 21 June 2004 (Law No. 2004-575) must be sent by recorded delivery with acknowledgement of receipt to the Site host named above.
2. General provisions
Access to this website, its consultation or its use are subject to these general conditions of use (hereafter “GCU”) and in accordance with all applicable laws.
This Website, which is free to access, aims to inform the User of the Site (hereafter “User”) of the products sold by Vilmorin and its Affiliates. For the purposes of this Contract, the term Affiliate refers to any company or structure, current or future, that directly or indirectly controls, is controlled by or is under common control of the CUSTOMER. Control is defined as 50% or more of the share capital or the majority of voting rights.
Accessing and browsing the Site implies acceptance without reservation of the GCU and the recognition of their prevalence over any other agreement between the User and Vilmorin in relation to the Site.
If the User does not wish to be bound by these provisions, they must not use the Site.
Vilmorin reserves the right, at any time and without notice, to update or amend its GCU. If the User does not accept these amendments, they must no longer use the Site.
3. Site content
The Site has been created to provide information, products and services to customers. More generally, information about Vilmorin and its Affiliates, in particular:
- Agronomic information,
- Technical information,
- Commercial information.
4. Access to restricted Services
Access to the Site is free of charge and unrestricted, but some areas of the Site (“My seeds”) require the prior disclosure of certain information by the User. This information includes:
- Company name;
- Requester’s full name;
- Country of the company concerned;
- Area of activity of the company concerned;
- Email address. (For the purposes of these GCU, all of this information will be referred to hereafter as “Mandatory Information”.)
www.vilmorin-tree-seeds.com is in no case a merchant Site.
However, the User can obtain a quotation adapted to their needs via the “My Seeds” tab after completing the Mandatory Information.
This service is offered completely free of charge with no purchase necessary.
For all of the Site’s services mentioned above, the User is solely responsible for:
(i) Providing Vilmorin with up-to-date and accurate information;
(ii) Updating the information provided in the event of any changes to it.
5. Intellectual property
The Site and all of its elements, including, without limitation, text, names, trademarks, slogans, logos, photographs, animated or non-animated images, videos, graphics, icons, drawings, sounds and HTML codes (the “Content”) are, unless indicated otherwise, the property of Vilmorin or third parties authorised by Vilmorin to use and/or take advantage of them. The Content is protected by French and international copyright as well as by all other rules, regulations and laws applicable to intellectual property.
The User has the possibility to save, print, store and copy some excerpts of the Content subject to their compliance with the following provisions:
(i) Use must of data must be purely personal and non-commercial or within the context of their business relationship with Vilmorin;
(ii) Prohibition to use, publish or send an extract of the Content on/to other Websites or any other media accessible to the public;
(iii) Prohibition to modify, distort or adapt the Content or create derivatives of the Content, delete or modify the copyright, branding signage or privacy message.
Except in the cases listed above, the User does not have the right to copy, download, print, publish, delete, disseminate, download, store, reproduce, transfer, sell, resell or adapt all or some of the Content without the prior written permission of Vilmorin. No right, title or interest concerning the Content of the Site is transferred to the User except in the cases described above and no provision of the GCU can be interpreted as the granting of any licence or right of any kind relating to copyrights, trademarks, patents or any other intellectual property rights belonging to Vilmorin or any other third party.
Furthermore, and in accordance with the provisions of Article L341-1 of the French Intellectual Property Code, Vilmorin is the producer and owner of all or some of the databases comprising the Site.
All names of brands, products and logos (“Trademarks”) presented on the Site are the exclusive property of Vilmorin or their respective owners. Except as expressly provided for in the GCU, the User cannot cite, use, reproduce or make any use of brands without the prior written agreement of Vilmorin.
6. Personal data
Vilmorin undertakes to collect and process data in accordance with European Regulation 2016/679 relating to personal data protection.
Pursuant to the Regulation, which entered into force on 25 May 2018, as well as the corresponding French legislation, persons concerned by the personal data collected hereto may exercise their right to access, correct, delete and oppose said data, as well as the right to data portability, by sending an email to dpo-vmk@vilmorin.com or a letter to:
Vilmorin
Service Communication
Route du Manoir
49250 LA MENITRE
France
7. The reliability of information published on the Site
Vilmorin will strive to publish on the Site, in good faith but without any guarantee, complete, accurate and up-to-date information; this obligation only constitutes an obligation of means. Furthermore, the User is notified and acknowledges that some information and documents available on the Site are provided by third parties, whose sources are generally identified where possible. However, such information is provided for reference purposes only.
8. Third-party content and hypertext links from or to the Site
The Site may contain links to other Websites belonging to third parties or include, in particular, Sites belonging to third parties (hereafter “Third-Party Content”). This Third-Party Content is transmitted to the User for reference Purposes only and does not constitute, in any case, an approval, validation, promotion or a guarantee granted by Vilmorin relating to the content of this Third-Party Content, or a partnership or collaboration between Vilmorin and the operators or owners of said Third-Party Content. Vilmorin does not manage this Third-Party Content and does not control the content, access, sources or links present in this Third-Party Content. Thus, Vilmorin takes no liability for the content and use of Third-Party Content.
Furthermore, Vilmorin strictly prohibits embedding hyperlinks to the Site, without its prior written agreement.
9. Cookies
Whilst browsing the Site, “Cookies” may be installed on the User’s web browser. A cookie does not identify the User, but it stores information relating to their browsing activity on the Site (pages visited, date and time of visit, etc.). The User has the possibility to enable/disable or delete cookies through their browser settings (see your browser provider’s website for more information). By using the Site, the User agrees to the installation of these cookies on their browser.
10. Modification of the Site
Vilmorin reserves the right, at any time, to modify in any way, the content and functionality of the Site, to limit access, to temporarily or permanently suspend access, for any reason and without notice. Vilmorin will not be held liable for the potential consequences of such changes or unavailability.
However, in the event of scheduled maintenance on the Site or scheduled temporary disruption affecting all or some of the Site (in particular the daily quotation service), Vilmorin will notify Users by email or via an announcement on the Site giving a reasonable notice period.
11. Disclaimer of warranty
The information contained on the Site may, in no case, have a contractual and/or official value. The User acknowledges and agrees that, as permitted by law, the Site is provided as is without any warranty of any kind, express or implied. As such, the User assumes all risks related to or resulting from their use, consultation or access to the Site.
Vilmorin does not warrant that the Site and its contents are free from errors or viruses, meet a particular need, do not contravene the regulations in force or are not defamatory or offensive.
12. Liability
Vilmorin, its Affiliates, employees, representatives and suppliers will not be liable for:
(i) Damage resulting from a fraudulent intrusion by a third party leading to a change to information made available on the Site;
(ii) and More generally, direct or indirect, material or immaterial (including, but not limited to, loss of data, images, profits, opportunities, revenue, customers and any commercial damage), whatever the cause, origin, nature or consequences, caused as a result of access to the Site or a difficulty or inability to access it, or relating to the use of the Site and/or credit given to any information coming directly or indirectly from the Site.
However, in the event of the detection of an intrusion of a third party into the computer system linked to the Site and if this affects the security of User data, Vilmorin will notify affected users and take the necessary measures to secure access to their accounts.
13. Applicable law - The completeness of the agreement
These conditions of use constitute the entire agreement between the User and Vilmorin as regards the access to and use of the Site.
The failure or delay by either party to implement these conditions would be regarded as a derogation of such terms.
These General Conditions of Use and the relationship between the User and Vilmorin are subject to French law. Failing an amicable agreement, any dispute shall be submitted to the competent courts of the jurisdiction of Angers, France.