General Terms and Conditions of Use
The French W&S Business Network
The purpose of these General Terms and Conditions of use (hereinafter these "GTC") is to define the conditions under which the various users as defined in Article 2 of this Agreement may access and use The French W&S Business Network platform by Business France, the address of which is: https://marketplace-frenchcellar.com
The French W&S Business Network was created to connect French wine and spirits companies up with international buyers. The French W&S Business Network aims to enable an online relationship between the respective users in order to facilitate communication and networking.
2. USERS OF THE FRENCH W&S BUSINESS NETWORK
Access to The French W&S Business Network is reserved for the following users divided into six groups:
2.1. The Administrator: refers to any Business France person responsible for managing the content of The French W&S Business Network and creating/managing/modifying its structure, the various user groups and access to its content.
2.2. The Business France User: refers to employees of Business France, located in France or abroad, under French law or under local law, as well as seconded staff, interns in France and abroad, and VIA (International Administrative Volunteers).
2.3. The Client: refers to any natural or legal person who purchases services from Business France.
2.4. The Beneficiary: refers to any natural or legal person who benefits from Business France services via a Client. This may be, for example, a company exhibiting at a trade fair via a Business France Client consortium.
2.5. The Partner or Sponsor: Refers to any person contractually bound by a partnership or sponsorship agreement with Business France.
2.6. The Buyers: refers to any foreign entity (importer, distributor, wholesaler, restorer, wine cellar owner, etc.) with access to The French W&S Business Network
These users are individually referred to below as "User" and collectively as the "Users".
3. ACCEPTANCE OF GENERAL TERMS AND CONDITIONS OF USE
3.1. All Users must accept the GTC before they can browse The French W&S Business Network (checkbox). These are available and can be downloaded from https://marketplace-frenchcellar.com/fr/
3.2. The representative of a natural or legal person having access to The French W&S Business Network declares that he/she is authorised to act in the name and on behalf of the natural or legal person that he/she represents. In this respect, the representative assumes personal responsibility and that of the person represented.
3.3. Business France reserves the right to make any changes to these GTCU as it deems necessary and useful. Users will be notified of each change by email or via The French W&S Business Network. Should a User deem this change to be contrary to its interests, it may request that its account be closed.
4. ACCESSING THE FRENCH W&S BUSINESS NETWORK AND CREATING AN ACCOUNT
4.1. The Director and Business France User access The French W&S Business Network via the following link: www.ws-network.businessfrance.fr. They enter their login and password at each connection. If they have forgotten their username and password, they may request it from the Administrator of The French W&S Business Network via the link: https://marketplace-frenchcellar.com/fr/resetting/request
4.2. Upon receipt by email of the confirmation registration for a Business France event, the Client shall receive a login and password as well as the URL to access The French W&S Business Network.
If the Client represents multiple Beneficiaries, it will only receive one Login and password as the main account. In this case, the Client may either share the login and passwords with each beneficiary of the service or use them itself. In the latter event, it shall be solely responsible vis-à-vis Business France for all items, information and other documents provided on behalf of each beneficiary.
4.3. The Beneficiary receives the login and password to access its private space via the Business France Client which represents it. The Beneficiary is then responsible with the Client for the information transmitted via The French W&S Business Network vis-à-vis Business France.
4.5. The Partner and Sponsor can receive a login and password for each event they perform, as well as the URL for accessing their private space.
4.6. For all Users other than Business France, the login and password are generated automatically and a "forgotten password" function is available.
4.7. For all Users, the username and password are personal, non-transferable and confidential.
4.8. The User undertakes to make use of the service in a manner that does not harm third parties, and is not contrary to good morals or the public order. The User is obliged to notify Business France without delay of any breach of confidentiality in its login and password, or any use by a third party of which it becomes aware.
4.9. The French W&S Business Network is accessible under the conditions defined herein. However, Business France reserves the right, without notice or compensation, to temporarily or permanently close access to The French W&S Business Network to update, modify or change the operating methods, this list not being exhaustive.
5. USE OF THE FRENCH W&S BUSINESS NETWORK
5.1. The Users enjoy varying degrees of rights to the different sections of The French W&S Business Network.
5.2. Users undertake to provide up-to-date documents and information, free of rights and in compliance with the laws and regulations in force in France, in particular concerning intellectual property rights, image rights and personal data.
5.3. The Client and Beneficiary are provided with a user guide in the form of a video. Users may interact with Business France via a mailbox via their private space. They may insert on their private space such information as their coordinates, information on their activity, details on their products, their logos and visuals. Their profile will only be visible to the Purchasers once the information and in particular the visuals have been provided.
Some information will be circulated, in particular, on the list of exhibitors at a public space exhibition at The French W&S Business Network, on the exhibitor catalogue of the event or on any other documentation in the context of an event or to all buyers registered on The French W&S Business Network.
The Client and the Beneficiary expressly authorise Business France to use all information distributed on Formstack, the e-salon extranet or The French W&S Business Network for the purpose of managing the service as part of promoting an event or using The French W&S Business Network.
Buyers have access to all supplier information on The French W&S Business Network as well as their product catalogues, namely:
" Visuals: logo, cover photo, product visuals
" Business Information: Company name, physical address, last name and first name of contact, website
" Presentation: Company Description, Additional Pictures, Event Participation, Business Areas
" Products: Price set by buyer, product visual, product name, product presentation, product description (product type, region, name, colour, seed, growing method, medals and references, participation in events, classification and format).
Prices: Prices displayed on The French W&S Business Network are configurable by geographic area and type of Buyer. It is the responsibility of the Client or Beneficiary to configure its different prices themselves, to update them if necessary, and to define the configuration that it wishes. Price display is not mandatory but strongly recommended, so that Buyers may be informed.
Visibility: Products can be made invisible or deleted via the "products" tab of the Client or Beneficiary.
As soon as the Buyer contacts the Client or Supplier, it has additional access to the following information:
" Email from the Client or Beneficiary, telephone, Facebook and news page
" Access to the Client or Beneficiary news page
5.4. Possible interactions between Users
Users may perform the following actions: request contact, request information, request sample, send internal message.
Clients and Beneficiaries only have access to their profile page for the integration and updating of information relating to their company and their product catalogue.
If a Buyer shows an interest in a Client or Beneficiary either via a message or by visiting the profile and/or product page, the latter gains limited access to that Buyer's profile. (Company name, physical address, type of activity and ability to send messages via The French W&S Business Network.)
As soon as a Buyer adds the Client or the Beneficiary to its contacts, the Client or Beneficiary has visibility on the profile of the Buyer, namely:
" Commercial information (company name, address, email, website, telephone, full name of contact)
" Legal Information
" Company information
" Visuals (logo, cover photo, additional photos)
" News page
5.5. Interactions during contact acceptance
As soon as a request for a contact from a Buyer is accepted by a Client or a Beneficiary, the latter gives it access to its page creating a sample request.
As soon as a Client or Beneficiary contact request is accepted by a Buyer, the latter gives it access to its News page.
6.1. The User undertakes to use The French W&S Business Network only under the conditions defined in these GTCU. In the event of a breach of this Agreement, it undertakes to guarantee and compensate Business France and/or any person who has suffered damage to all the harmful consequences that may result therefrom. The User undertakes not to disrupt the use of The French W&S Business Network and not to commit any act that may jeopardise the IT security of Business France or other Users. The User is responsible for its login and password, which are confidential. Business France cannot be held liable in the event of fraudulent or abusive use or due to the deliberate or unintentional disclosure to anyone of the user name and password. Except in the absence of a proven fault and negligence on the part of Business France, any breach of confidentiality of a User's personal data resulting from access to The French W&S Business Network by a third party via its user ID and password shall not incur Business France's liability (see point 6.5). Business France shall not be held liable for any disruption to the use of The French W&S Business Network. Business France shall not be liable for the impossibility of using The French W&S Business Network, nor for IT security breaches, which may cause damage to the IT equipment of Users and their data.
6.2. All Users are responsible for the information and other documentation they provide on The French W&S Business Network. Users are responsible for distributing and updating prices and other information communicated on The French W&S Business Network.
6.3. Clients, Beneficiaries, Partners and Sponsors agree to provide up-to-date information and visuals, free of law and in accordance with the regulations and laws in force in France. They claim to be fully informed of the destination of this information and documents, which they accept without reservation.
6.4. If the Client acts on behalf of multiple Beneficiaries and sends information and documents on these Beneficiaries, the Client undertakes to obtain all prior rights and authorisations from the Beneficiaries and/or third parties concerned to do so. The Client is then solely responsible for the data transmitted to Business France and guarantees Business France against any action taken by third parties in this context.
6.5. The login and password are personal and confidential. Each User is responsible for storing this information and Business France cannot be held responsible for any unauthorised use of this login and password. The Client acting on behalf of multiple Beneficiaries is responsible for the transmission and confidentiality of the personal login and password to each Beneficiary.
6.6. The Client and the Beneficiary are responsible for the information communicated on The French W&S Business Network as well as exchanges with other Users and the sending of samples to the Purchasers.
Business France does not intervene by verifying data entered by Users.
Furthermore, The French W&S Business Network not being a platform for market exchanges, Business France has no responsibility for the process of sending and delivering samples or invoicing. No invoice is published via The French W&S Business Network. While this makes is possible to request samples, any price to be paid for those samples will be invoiced directly by the Client or Beneficiary to the Buyer without Business France being liable in any way for this sample dispatch.
Business France acts as operator of the platform and cannot be called into question should the Client or Beneficiary or the Buyer default. Any disputes arising from this sample request must be settled directly between the Client or Beneficiary and the Buyer.
7. INTELLECTUAL PROPERTY - RIGHT TO IMAGE
7.1. All Visuals and other documents inserted by Business France on The French W&S Business Network are the property of Business France or are subject to an operating license granted to Business France. They are protected by the provisions of the Intellectual Property Code.
7.2. Thus, since this list is not exhaustive, it is strictly forbidden for Users to reproduce any Visual or documentation contained in The French W&S Business Network without the prior written consent of Business France.
7.3. The domain name https://marketplace-frenchcellar.com is the exclusive property of Business France, as are certain trademarks and logos appearing on The French W&S Business Network. They are protected by the provisions of the Intellectual Property Code and any reproduction or use of these trademarks, logos or domain names, in any manner and in any capacity whatsoever, without the prior written consent of Business France is prohibited.
7.4. The User who sends information and documents on The French W&S Business Network guarantees Business France against any third-party claim on visuals, logos and other elements covered by intellectual property protection.
The User certifies that it has obtained the image rights required before the distribution of visuals on The French W&S Business Network and guarantees Business France against any claim by third-parties in this respect. The User authorises Business France to use, free of charge, all the information and documents that it has communicated on The French W&S Business Network on the Internet and on all paper media to promote The French W&S Business Network and/or the activity of the User, such as catalogue, kakemono, table signs and any other medium used in our collective events
Any fraudulent access to The French W&S Business Network is prohibited and punishable by law. Business France makes its best efforts, in accordance with industry rules, to secure The French W&S Business Network. Given the complexity of the Internet, Business France cannot guarantee absolute security. Users declare that they accept the characteristics and limits of the Internet. They acknowledge that they are aware of the nature of the Internet network, and in particular of its technical performance and response times to consult, query or transfer information. All Users must inform Business France in writing of any failure on the part of The French W&S Business Network. It agrees to take all appropriate measures to protect its own data and/or software from contamination by any viruses on the Internet network.
9. PERSONAL DATA
Business France, which is responsible for processing, implements personal data processing methods to manage access and traceability to The French W&S Business Network. The data collected on identification, professional life and contact details are essential for this management work. These data are intended for all Users of The French W&S Business Network and to be sent to the public under the conditions described herein.
Pursuant to the Data Protection Act of 6 January 1978 and Regulation (EU) 2016/679, known as the "General Data Protection Regulation", all Users have the right to query, access, rectify and oppose for legitimate reasons the use of all data pertaining to them, this right being exercisable with the Business France Data Protection Representative by sending an email to firstname.lastname@example.org or by post, attaching a copy of an identity document, to the following address: Délégué à la protection des données personnelles, Business France, 77 boulevard Saint Jacques, 75014 PARIS.
10. RESOLUTION AND TERMINATION
Without prejudice to any other right and action, in the event of breach of the obligations herein or in the event of infringement by a User, Business France reserves the right to suspend or block access to The French W&S Business Network and to close the account if necessary. Any violation of these GTCU by a Business France employee in France or abroad, a trainee in France or abroad, considered to be wrongful, may, depending on its seriousness and nature, be subject to a penalty provided for by the legislation to which it depends on his employment contract or internship agreement. Any breach of these GTCU by a VIA considered as serious misconduct may subject the offender to early termination, in accordance with the provisions of the National Service Code.
These GTCU are governed by French law. In the event of a disagreement between Business France and the User regarding the formation of the contract, the interpretation and/or the execution of the GTC, they shall endeavour, as far as possible, to find an amicable solution between them or to seek mediation. Disputes that cannot be settled amicably shall be brought before the competent Court in Paris.
12. GOOD FAITH
Users agree to perform their obligations in good faith.
If one or more provisions of these GTCU are held to be invalid or declared as such pursuant to a law, a regulation or following a decision handed down in res judicata by a competent court, the other stipulations shall retain their full force and scope.