TERMS & CONDITIONS Welcome to the website www.barton-guestier.com. This website gives information on the Barton & Guestier company and its wines. The following Terms and Conditions apply to users, viewers and all people who access this web site (Website). Please read these terms carefully before using the Website. Using the Website indicates that you accept these terms. If you do not accept these terms, do not use the Website. These Terms and Conditions are issued by CASTEL FRERES (Company) for Barton & Guestier. TO ACCESS THE WEBSITE YOU MUST BE OF LEGAL DRINKING AGE IN THE COUNTRY WHERE YOU ARE VIEWING THIS SITE. IF YOU ARE NOT, DO NOT ENTER THIS SITE. INTRODUCTION You will access all areas of the Website without registering your details with us. The Company may revise these Terms and Conditions at any time by updating this posting. INTELLECTUAL PROPERTY Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation trade-marks, designs, logos, text, images, audio and video materials and bottle designs) are owned or licensed by the Company. Material from this site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, commercially exploited or adapted in any way without the prior written consent of the Company. Without limitation, the trademarks and all related logos, labels, bottle designs and all other intellectual property associated with the brand Barton & Guestier or any other brands that are owned by the Company. Any rights not expressly granted in these Terms and Conditions are reserved. SERVICE ACCESS & ACCEPTABLE USE The Company shall not be liable if for any reason the Website is unavailable at any time or for any period. Access to the Website may be suspended temporarily or permanently without notice. Without prejudice to Clause 1 here above mentioned, the Company reserves the right to suspend, terminate or restrict access to the Website if these Terms and Conditions are breached. You may use the Website only for lawful purposes. You may not use the Website: in any way that breaches any applicable local, national or international law or regulation; in any way that is unlawful or fraudulent or has any unlawful or fraudulent effect; to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any form of spam; to knowingly transmit any data, send or upload any material that contains viruses or similar computer code designed to adversely affect the operation of any cmputer software or hardware; Other than personally identifiable information, which is covered under our Private Policy material you transmit or post to the Website (including remarks, suggestions, ideas, creative concepts, graphics or other information communicated through the Website) shall be considered non-confidential and non-proprietary. The Company shall have no obligations with respect to such material. The Company and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. LINKS TO OTHER WEBSITES Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites r their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk. RESTRICTION ON LIABILITY 1.While the Company endeavors to ensure that the information on the Website is correct, the Company does not warrant the accuracy and completeness of the material on the Website. The Company may make changes to the material on the Website at any time without notice. The material on the Website may be out of date, and the Company makes no commitment to update such material. To the maximum extent permitted by law, the Company provides you with the Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law). Subject to Clause 3 below, the Company, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of the Company’s group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website. 3.Nothing in these Terms and Conditions shall limit the Company’s liability for: death or personal injury caused by the negligence of the Company, its directors, agents, officers or representatives; fraud or fraudulent misrepresentation; or any other liability which cannot be excluded or limited by law. GOVERNING LAW AND JURISDICTION These Terms and Conditions shall be governed by and construed in accordance with the laws o France. Disputes arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the French corts although the Company retains the right to bring proceedings against you for breach of these Terms and Conditions in your contry of residence or any other relevant country. Private policy CASTEL FRERES Company ("We") are committed to protecting and respecting your privacy. This policy (together with our terms of use and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. Whilst this policy sets out our general policy on how we collect and use your personal data, in some circumstances we may inform you that different terms apply to the collection and use of your personal data. For the purpose of the Loi Informatique et Libertés of 1978 (the "Act"), the data controller is CASTEL FRERES Company Société par actions simplifiées (registered company number 1125195 before the CNIL in France) in 21-24 rue Georges Guynemer 33295 Blanquefort cedex FRANCE. INFORMATION WE MAY COLLECT FROM YOU We may collect and process the following data about you: Information that you provide by filling in forms on our site www.barton-guestier.com. We may ask you for information when you enter a competition or promotion sponsored by us, and when you report a problem with our site. Records of correspondence between us. Information you provide if you agree to complete any surveys we may use for market research purposes. Details of purchases of products you buy from us through our online shop and of the fulfillment of your orders. Details of your visits to our site including, but not limited to, traffic data, location data, web server logs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access. © Barton & Guestier 2009 conditions générales d'utilisation terms and conditions Barton & Guestier S.A.S - 87 rue du Dehez Château Magnol - 33290 Blanquefort - France Registration No: 592 008 999 Jurisdiction: France