GCS / GCU
TERMS AND CONDITIONS
ARTICLE 1. DEFINITIONS
Buyer Designates any natural or legal person purchasing the products offered on the SiteSitedesignates the Site, developed by the Company. It includes the services offered by the Company and described in these General Conditions of Sale. Company means the company AZAR, a simplified joint-stock company with a single shareholder with a capital of ten thousand (10,000) euros, registered with the Trade and Companies Register of NANTERRE under number 842 237 208, whose registered office is located at 98 route de la Reine, 92100 Boulogne-Billancourt.
ARTICLE 2. FIELDS OF APPLICATION
2.1 Scope The T&Cs are concluded between any person browsing the Site and/or ordering Products via the Site and the Company. The Company's objective is to enable Purchasers to purchase goods on the Site and have them delivered to recipient Users (hereinafter “the Recipient”). The Purchaser and the Company are together collectively referred to as the “Parties” and individually referred to as the “Party”. Any order for a Product implies consultation and full, unreserved and unconditional acceptance of the GCS, without however this acceptance implying the handwritten signature of the Purchaser. In accordance with the legislative and regulatory provisions relating to the electronic signature, it is recalled that the validation of the order as specified in these GCS constitutes an electronic signature which has, between the Parties, the same value as a handwritten signature and is worth proof of the completeness of the order and of the payment of the sums due in execution of the said order.
2.2 Exclusions The T&Cs are not applicable to professionals. A professional is any natural or legal person, public or private, who acts for purposes falling within the scope of his commercial, industrial, craft, liberal or agricultural activity, including when he acts in the name or on behalf of another professional.
ARTICLE 3. PRODUCTS
The Products offered for sale on the Site constitute the Company's offer. The Company reserves the right to modify its collection at any time and to change the list and ranges of Products offered. The photographs of the Products presented on our site are not contractual. However, the Company ensures that the photographs and drawings faithfully reproduce the Products offered and do not contain any ambiguity on the notions in particular of dimension, weight, quality. The composition of certain Products of the Company is regularly updated.
ARTICLE 4. CONDITIONS OF PURCHASE
The Products that the Company offers on the Site are reserved for people of legal age and with full legal capacity to place orders on the Site. Minors must hold authorization from their legal representative to place an order on the Site. The Company reserves the right to ask the Purchaser for proof of identity attesting to his age and/or the authorization of the aforementioned legal representative. The Company reserves the right not to respond to an order and/or to exclude from its customer database, a Purchaser who has not fulfilled the conditions mentioned above. It is specified that the Products sold are intended for personal use, without any direct relationship with the Buyer's professional activity.
ARTICLE 5. PRODUCTS - PRICE
5.1. Products The Products offered for sale on the Site by the Company as well as the services which may possibly be attached to them are those appearing on the Site, on the day of the consultation by the Purchaser. The Purchaser is informed that the photographs and texts illustrating the Products are subject to change.
5.2. Product unavailable As the Company does not reserve stock, placing a product or service in the basket does not guarantee the availability of the said product or service or its price. If a Product is unavailable, the Purchaser is informed when establishing the order: via a message displayed when establishing the order, or by e-mail after validation and before delivery of the order. in the event that the order is already validated, the Company undertakes to reimburse the Purchaser for the sums paid by the latter within a reasonable time, according to the method of payment used by the Purchaser.
5.3. PriceThe prices are indicated in Euros (€) and are valid in metropolitan France, including Corsica. They take into account any reductions as well as VAT, applicable on the day of the order. Any change in the applicable VAT rate will be passed on to the price of the Products. The prices indicated do not take into account the processing and delivery costs which will be invoiced a posteriori at the time of confirmation of the order. It is specified that any promotions granted in various forms whatsoever are only valid for a given period of validity and cannot be combined with other discount offers. The Company reserves the right to modify its prices at any time. However, the Products are invoiced on the basis of the price displayed at the time of the order.
5.4. Promotional Offers Promotional discount codes applicable to all or part of the Products presented on the Site may be offered at any time. Any additional conditions to these GCS will be specified at the time the discount code is issued, in particular the duration of use of the code. .In order to use a promotional code, the Purchaser must connect to his User Account to benefit from the promotional account. Only one code can be used per order. A discount code cannot be used after placing an order. A maximum amount of spend, before reduction may be specified when issuing the code. Certain Products may be excluded from the promotional offer. The Company will indicate this exclusion to the Purchaser by the mention: "Product not subject to the promotional offer". The Company cannot accept any responsibility and will have no obligation to replace if a promotional code is lost or used by a third party since the code will then be cancelled. If a promotional code is offered on the Site and does not work correctly due to fraud, tampering, technical error or anything else beyond the control of the Company and which affects the operation, administration, security and clarity of the promotional code, the Company reserves the right to cancel, modify or suspend it. Promotional codes are non-transferable and cannot be exchanged for cash. If the Purchaser receives a promotional code, it can only be used by the Purchaser on his User Account, for the reasons for which it was given. The Purchaser undertakes to keep it confidential and to use it only to place its own orders. The User undertakes not to publish his promotional account or disclose it to third parties. If at checkout or retrospectively, the Company becomes aware that the Purchaser is abusing promotional codes in any way, the Company reserves the right to cancel the promotional code(s) and/or suspend or close the Purchaser's User Account without notifying the Purchaser in advance.
ARTICLE 6. EVALUATION AND OPINION OF INTERNET USERS
The Purchaser has the possibility of giving his opinion and recommending each Product. The Purchaser also has the possibility of consulting the opinions and recommendations of other internet users. This functionality obeys the rules specified in the T&Cs. The notes appearing on the Site next to the Products correspond to the opinions of Internet users. They are likely to change every day and can in no way commit to the purchase of any Product.
ARTICLE 7. REGISTRATION AND VALIDATION OF THE ORDER
7.2. Validation of the order Once the order has been confirmed and its payment has been validated according to the methods provided below, a printable and recordable summary of the order containing the references of the Purchaser's order is available. An order confirmation e-mail is sent by the Company to the e-mail address provided by the Purchaser and includes the following information in particular: the identity of the Company as well as its contact details; the reference of the order registered at the time confirmation thereof; the summary of the order and the essential characteristics of the Products; the estimated deadlines; the costs; any delivery restrictions; the total amount of the order, all taxes included (TTC); the rights and legal warranties of the Purchaser and the Recipient; and confirmation of payment. The Company retains ownership of the Products ordered until the Company has received the total price, including postage. In the event of a payment incident, the Purchaser and the Recipient undertake to return the Products received to the Company, upon first request. In order to protect the Company from fraud, and in the event that the Company or the online payment service provider suspects the fraudulent nature of an order, they reserve the right to ask the Purchaser for additional documents in in order to verify his identity in more detail. In the absence of a response from the Purchaser within ten (10) days following the sending of the request by the Company or the online payment provider, the order is canceled and the Company proceeds within fourteen ( 14) days following the expiry of the above-mentioned period to the reimbursement thereof according to the method of payment used by the Purchaser.
7.3. Probationary system The Parties agree that e-mails are authentic between the Parties as well as the automatic registration systems used on the Site, in particular as to the nature and date of the order. The Purchaser may access, in accordance with the rules common law, to the electronic contract concluded between the Parties. To do this, the Purchaser must contact Customer Service to which it is necessary to provide all the information necessary to do so, in particular the order number and its contact details.
ARTICLE 8. PAYMENT
8.1. Method of Payment The amount owed by the Purchaser is indicated on the order confirmation on the page of the Site dedicated to this purpose and then sent by e-mail by the Company to the Purchaser. The Purchaser will have the choice when ordering between different payment methods which will be mentioned on the page. Payment is made online by valid bank card, with the cards listed on the Internet. The order is validated by the Company only after verification and confirmation of the validity of the payment. It is also specified that the Company will refuse any order for which the Bank Card used by the Purchaser expires within seven (7) days following the date of placing the order. The order is only validated by the Company after (i) acceptance of the GCS by the Purchaser, (ii) verification and confirmation of the validity of the payment and (iii) sending to the Purchaser of the confirmation of the acceptance of his order. The Company reserves the right to refuse any order or any delivery in the event of: An existing dispute with the Purchaser; Total or partial non-payment of a previous order by the Purchaser; Refusal to authorize payment by bank card from banking organisations; andNon-payment or partial payment. The Company remains the owner of the Products until full collection of the full price by it.
8.2. Invoices By placing an order on the Site, the Purchaser accepts that his purchase invoice will be sent to him in electronic format. It is accessible on the Customer Area of the Purchaser at the latest at the time of delivery of the order to the Recipient. .
ARTICLE 9. DELIVERY AND RECEIPT
9.1. Terms Once the order has been prepared, it is sent to the postal address provided by the Purchaser when ordering. Delivery costs are indicated at checkout.
9.2. Deadlines Orders are processed within a maximum of five working days. It is recalled that an order is only sent once it has been processed and payment has been confirmed. The Company undertakes to ensure that the order is executed within a maximum period of fifteen days from from the day following that on which the Purchaser has validated his order, subject to full payment of the price and compliance with these GCS. The Purchaser has the possibility of canceling his order under the conditions provided for in the provisions relating to late delivery below, subject to the non-delivery of the Products within the maximum period indicated above. The Purchaser may exercise his right of denunciation of the order with the Customer Service, in the event of exceeding the aforementioned maximum delivery time. method of payment used within a maximum period of fifteen (15) working days from receipt of the denunciation, and this, excluding any other compensation. The credit card used for payment must still be valid for the refund to take place. It may happen that the order is delivered in several deadlines. As such, in the event of partial delivery, the aforementioned reimbursement only concerns the remaining balance of the order. Any delay in delivery is reported as soon as possible by the Purchaser by e-mail by clicking here, so that the Company can carry out an investigation with the Carrier. The Purchaser is informed that the duration of an investigation is not fixed and the Company cannot be held responsible for the duration of this investigation. The order will be sent to the Recipient as soon as possible if the delivery is found. In the event that the investigation results in the loss of the delivery, it will be reshipped at the expense of the Company to the Purchaser or reimbursed by the same means of payment as that used by the Purchaser. The shipping times for any purchase made in pre-order are explicitly indicated on the site and the product sheets, in order to inform customers. These deadlines are given for information only. AZ/AR cannot be held responsible for delays in delivery due to errors or disruptions attributable to carriers (including in particular in the event of a total or partial strike, in particular of postal services and means of transport and/or communications). In the event of a delay in delivery with respect to the period indicated, an e-mail will be sent to customers to inform them.
9.3. Receipt Each delivery is deemed to have been made as soon as the Products purchased are made available by the Carrier to the Recipient. It is the Recipient's responsibility to check immediately, upon receipt of the Products, the conformity and integrity of the delivery. Any anomaly/reservation identified at the time of delivery (in particular late delivery, missing or damaged product) must be reported completely and precisely by the Recipient on the receipt given by the Carrier at the time of the provision of the Products and/ or confirmed by registered letter to the Carrier within ten (10) days following receipt of the delivery. Any reservation of this type must be notified in parallel and as soon as possible to the Company's Customer Service here AZAR SAS 98 Route de la Queen 92 100 Boulogne Billancourt. A copy of the complaint sent to the Carrier must be attached.
ARTICLE 10. LEGAL GUARANTEES
10.1. Description of the legal guarantees 10.1.1 Right of withdrawalIn accordance with article L. 221-18 of the Consumer Code, the Purchaser may withdraw his order without giving any reason within fourteen (14) clear days from the date on which the Purchaser, or a third party designated by him, other than the Carrier, took physical possession of the Products acquired. The Purchaser must notify the Company of his decision to withdraw from his order at the following address: hello @azar-gang.com. The Purchaser may submit a request online in accordance with the instructions and forms available from the Company's online returns center at the following address email@example.com or by mail to the following address AZAR SAS 98 Route de the Queen 92 100 Boulogne Billancourt. To meet the withdrawal deadline, simply submit the withdrawal request before the fourteen (14) day period expires and return the product through the Company's online returns center.The Company will reimburse the Purchaser for all payments that the Company has received from the Purchaser, no later than fourteen (14) days from receipt of the withdrawal request. The Company will use the same means of payment as the Buyer used when placing the initial order, unless the Buyer expressly agrees to a different means. In any event, this reimbursement will not incur any additional costs for the Purchaser. The Company may withhold reimbursement until it has received the Product(s) or until the Purchaser has provided proof of shipment of the Product(s), the date retained being that of the first of these facts. If the refund occurs after the deadline mentioned above, the amount due will be automatically increased. The Purchaser must return the Product(s) by following the instructions available on the online returns center at later fourteen (14) days from the date on which he notified his decision to withdraw. The procedure for returning Products is as follows: 1. provided with his order or invoice number, the Purchaser contacts the Company's customer service by email at firstname.lastname@example.org 2. The Products must be in their original box, the Purchaser must pack it and clearly identify the return package with the return number by affixing it to the outside of the package;3. The Purchaser must print the Colissimo ticket that the Company will provide and drop off the package at the nearest post office;4. It is expressly agreed that the Company is not likely to accept "COD" deliveries (- Collect on delivery -), i.e. deliveries paid for by the recipient upon receipt). your returns is as follows: FLOCHEL 10 rue Thérèse 75001 Paris. The Purchaser will be responsible for the depreciation of the value of the product(s) resulting from manipulations (other than those necessary to establish the nature, characteristics and proper functioning of this (these) product(s)) The Company recalls that in accordance with Article L. 221-28 of the Consumer Code, the right of withdrawal does not apply to: - the delivery of products which cannot be returned for reasons of hygiene or protection of health, if the Purchaser has unsealed them or which, after being delivered, have been inseparably mixed with other items; - the delivery of audio or video recordings or computer software when the Purchaser has unsealed after delivery;- the delivery of products which have been made according to the Purchaser's specifications or clearly personalized;- the supply of products liable to deteriorate or expire rapidly;- the supply of newspapers, periodicals or magazines with the exception of subscription contracts to these publications; and- the supply of alcoholic beverages, the value of which is agreed upon at the conclusion of the contract, depends on fluctuations in the market beyond the control of the Company. To exercise his right of withdrawal, the Purchaser must notify his decision to withdraw from this contract at means of an unambiguous statement to: 98 route de la Reine, 92100 Boulogne-Billancourt or email@example.com. 10.1.2 Guarantee of hidden defects In accordance with articles L 217-4 and following of the Consumer Code, the Company is required to deliver goods that comply with the order made by the Purchaser and must respond to any lack of conformity existing at the time of delivery. of the last. As such, to comply with the contract, the Product must: a. be specific to the use usually expected of a similar Product and, where applicable: - correspond to the description given by the Company and possess the qualities that it has presented to the Purchaser in the form of a sample or model ;- present the qualities that a Purchaser can legitimately expect given the public declarations made by the Company, by the producer or by its representative, in particular in advertising or labeling; b. Or present the characteristics defined by mutual agreement by the Parties or be suitable for any special use sought by the Purchaser, brought to the attention of the Company and which the latter has accepted. Similarly, in accordance with article 1641 of the Civil Code, the Company is bound by the guarantee against hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the Purchaser would not have acquired it, or would have paid less if he had known them.
10.2. Procedure If the Products purchased by the Purchaser do not comply with the criteria of the aforementioned articles, the Purchaser must send an e-mail to the Company. In accordance with article L 217-12 of the Consumer Code and 1648 paragraph 1 of the Civil Code, the Purchaser has a period of 2 (two) years from the delivery of the Products purchased to exercise the guarantee against hidden defects or the legal guarantee of conformity. Any claim made after this period of 2 (two) years from the date of taking possession of the goods in the event of non-compliance or from the discovery of the defect in the event of hidden defects will be rejected and the Company will be released from any liability. The Company acknowledges receipt of the Purchaser's request and confirms the procedure to be followed. Upon receipt of the instructions from the Company's customer service, the Purchaser returns the non-compliant Products or Products affected by a hidden defect to the Company at the following address: AZAR 10 rue Thérèse 75 001 Paris In addition, the Purchaser does not not accept parcels sent postage due. Any risk related to the return of the Products is the responsibility of the Purchaser. Upon receipt of the Products presumed to be non-compliant or affected by a latent defect, the Company checks the Products to ascertain the non-compliance of the disputed Products. The Company may carry out a quality test on the Products returned by the Purchaser to verify that the returned Products are the original Products/Services. Checks are carried out as soon as possible and within a maximum period of one (1) month from receipt of the Products. If the non-compliant nature of the Products or the hidden defect is proven, the Company then proceeds, at the Purchaser's choice, either to reimburse the Products, including the shipping costs paid by the Purchaser, or to exchange the Products under the conditions provided for in these T&Cs.
ARTICLE 11. PERSONAL DATA
The Company is required to collect personal data depending on the services that the Purchaser uses, via technologies such as cookies or tracers. Consequently, the Company invites the Purchaser to read, on the Site, the section relating to the Policy confidentiality and processing of personal data as well as the use and storage of cookies and trackers. This section is an integral part of these T&Cs. The Privacy and Personal Data Processing Policy can be accessed at the following link: HERE.
ARTICLE 12. RESPONSIBILITY
The Company cannot be held responsible for any consequential damages that may arise from the purchase of the Products by the Purchaser. The Company cannot be held responsible for the non-execution of the order in the event of a shortage of stock or unavailability of the Products due to a case of force majeure as defined by French case law and courts (see article 14.4 hereof). Similarly, the Company's liability under the obligations of these GCS cannot be engaged in the event of the occurrence of damage resulting from the use of the Internet network, such as in particular viruses, intrusion, loss of data, interruption of Internet service. .
ARTICLE 13. INTELLECTUAL PROPERTY
In accordance with the laws and conventions governing intellectual property or other similar rights, the Site and all the elements, brands, drawings, models, photographs, texts, illustrations, logos, animated or non-animated sequences, sound or not, graphics, etc. found on this Site as well as their compilation are the exclusive property of the Company, which does not grant any license or any right other than that of consulting the Site. The reproduction or use of all or part of these elements is only authorized for the exclusive purposes of information for personal and private use, any reproduction and any use of copies made for other purposes being expressly prohibited. Neither all or part of the Site, nor its content, nor the brands may be used, reproduced, duplicated, copied, sold, resold, made accessible, modified or exploited in any other way, in whole or in part, for any purpose whatsoever. either. Any other use constitutes counterfeiting.
ARTICLE 14. MISCELLANEOUS PROVISIONS
14.1. Force majeure No Party is liable for the total or partial non-performance of its obligations under this contract, if this non-performance is due to force majeure. Force majeure is considered to be those caused by forces beyond the control of the Company, including but not limited to acts of God, war, acts of terror, civil unrest, strikes and other hostilities. The Party invoking an event constituting force majeure must notify the other Party within five (5) working days following the occurrence of this event. The Parties agree that they must consult each other as soon as possible in order to determine together the terms of execution of the order for the duration of the case of force majeure. Beyond a period of one (1) month of interruption due to force majeure, the Company may not honor the order, on condition that it reimburses the Purchaser as soon as possible.
14.2. Validity of the contract The invalidity of a clause due to a law, a regulation or a court decision does not call into question the other stipulations of these GCS. These retain their validity where applicable. These GCS and the order summary sent to the Purchaser form a contractual whole and constitute the entirety of the contractual relations between the Parties. In the event of any contradiction between these documents, the T&Cs shall prevail.
14.3. Modification of the GCS It is specified that the Purchaser may save or print these GCS, provided however that they do not modify them. The T&Cs in force can be consulted at any time under the heading "General Terms and Conditions of Sale" accessible via all the Site. The Company may update these T&Cs at any time. Such an update being the subject of a prior and specific notification on the Site.
14.4. Law applicable to disputes The acquisition of products on the Site is made by a Purchaser located in France. He has the products purchased delivered to the Recipient through the intermediary of the Company. The Purchaser is considered as a consumer within the meaning of the preliminary article of the Consumer Code and the Company as a professional, within the framework of the contractual relationship which unites them. The provisions of the Consumer Code are therefore applicable to these T&Cs. Disputes between the Purchaser and the Company concerning these T&Cs are subject to French law. In the event of a dispute between the Purchaser and the Company, and in the absence of resolution of the dispute within the framework of the mediation provided for in article 15 below, the latter will be brought before the competent French courts.
ARTICLE 15. CONSUMER MEDIATION
In the event of a dispute likely to arise on the occasion of the interpretation and/or execution of the present or in relation to the present GTC, the Customer may decide to submit the dispute with the Company to a conventional mediation procedure or any other alternative dispute resolution method. In the event of a persistent dispute, the Parties undertake to bring their dispute before the competent Courts within the jurisdiction of the Court of Appeal of Paris. The Purchaser also has the option of accessing the European dispute resolution platform accessible here (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR ).
TERMS OF SERVICE
These General Terms and Conditions of Use, as well as all the documents they incorporate (hereinafter “GCU”) are intended to define the terms and conditions of use of the AZ/AR Website: https://www. azar-gang.com (hereinafter the “Site”) published by the company AZAR (hereinafter “the Company”). The purpose of the Company is the distance selling of women's sportswear. The T&Cs also govern access to the purchase of products (hereinafter "the Products" referred to in accordance with the General Conditions of Sale of the Site) and the use of the Site including all content, functionality and services offered on or through the Site. These Terms are accessible at any time by a direct link on the home page of the Site. The Company invites the User to read them carefully before starting to use the Site. For any request relating to the use of the Site, the Company invites the User to send an email to the following address: firstname.lastname@example.org
Site: refers to the Site, developed by the Company. It includes the services offered by the Company and described in these General Conditions of Use. Company means the company AZAR, a simplified joint-stock company with a single shareholder with a capital of ten thousand (10,000) euros, registered with the Trade and Companies Register of NANTERRE under number 842 237 208, whose registered office is located at 98 route de the Queen, 92100 Boulogne-Billancourt. Users means the natural or legal person(s) consulting the Site, without condition of creating an Account or taking out a subscription.
2. FIELDS OF APPLICATION OF THE TOS
2.1. Acceptance of the T&Cs: Access to the Site and services is subject to acceptance of these T&Cs. Acceptance of these T&Cs by Users who register on the Site is evidenced by a checkbox when registering on the Site. Acceptance of these T&Cs can only be full and complete. Any access or use of the Site implies the concomitant and unreserved acceptance of the terms of these conditions.
2.2. Geographical delimitation: The Site is intended for Users worldwide, excluding countries subject to embargo by a UN resolution and provided that these Users can legally conduct a Procedure in France.
3. ACCESS TO THE SITE
3.1. Age requirement: The Site is reserved for people over fifteen (15) years old. If the User does not have the required age, prior authorization from his parents is necessary. By using the Site, the User guarantees that he fulfills the aforementioned condition.
3.3. Materials and equipment, technical means: The Site is accessible free of charge to any User with internet access. All costs relating to access to the Services are the sole responsibility of the User. The Company implements all reasonable means at its disposal to ensure quality access to the service but is under no obligation to do so. The Company cannot, moreover, be held responsible for any malfunction of the network or servers or any other event beyond reasonable control which would prevent or degrade access to the Site. The Company reserves the right to interrupt, suspend temporarily or to modify without notice access to all or part of the Site in order to ensure its maintenance or for any other reason, without the interruption giving rise to any obligation or compensation.
3.4. Duration of services and unsubscription: The User registers on the Site for an indefinite period. The User may decide to permanently close his Account at any time, automatically and without legal formality, by unsubscribing through the configuration page of his Account. Unsubscribing is effective immediately. It entails the automatic deletion of the User's Account, which then no longer has access to the Services.
4. INTELLECTUAL PROPERTY
The Company is the exclusive owner of the intellectual property rights or holds the rights to use all the elements accessible on the Site, including the visual and textual components of the Site, the "AZAR" brand and logos, the Site's graphic charter, the structure and software implemented for the operation of the Site, etc., as well as on all the data collected. All of these elements are protected by all intellectual property rights or rights of database producers in force. Any use or reproduction, even partial, unauthorized, of the Site or of one of the elements it contains is strictly prohibited and will be considered as constituting an infringement. Any offender will be prosecuted before the competent courts. With the exception of elements published under a free license, all reproductions or representations, even partial, by any process whatsoever, all requests, whether automated or not, aimed at retrieving data published on this Site, made without the authorization of the publisher are illegal and constitute an infringement in accordance with the provisions of the law of March 11, 1957, articles 40,41 and 42 of the penal code.
5. PERSONAL DATA
6.2. Sharing of Products: The User has the possibility of sharing the information present on the Site, in particular the Products offered by the Company, on other websites or platforms, in particular Facebook, Twitter or Instagram. The User acknowledges that he is responsible for any publication or comment relating to the sharing of the content of the Site on another website.
6.3. User Contribution: The Site may contain customer product reviews and other interactive features that allow Users to submit, post, display or transmit to other Users or others content on or through the Site. Any User contribution must comply with the content set out in the Code of Conduct detailed below in Article 7.1 hereof. The User understands that he is responsible for User Contributions submitted by him or supported by him. The Company assumes no responsibility for such content, including its legality, reliability, accuracy and timeliness. The Company does not undertake in any case to check a contribution before its publication. It can only be measured by the Company a posteriori. The Company shall not be liable or liable to any third party for the content or accuracy of User Contributions. The Company reserves the right to delete or modify any content posted by a User that does not comply with these T&Cs, or that provides false or inaccurate information likely to mislead a User of the Site.
7. USE OF THE SITE
7.1. Charter of good conduct: The contribution of Users to this Site is regulated by this Charter of good conduct (hereinafter "the Charter"). It applies to all Users and to the use of all services made available on the Site. User contributions must comply with the legislation in force. Therefore, any contribution must not, without limitation: - Contain a defamatory, obscene, indecent, vulgar, malicious, violent, xenophobic, racist or otherwise illicit message; - Promote sexually explicit or pornographic material; - Be used for for purposes of political, ideological propaganda or proselytism; - Disseminate advertising for products and brands competing with the brand(s) presented on the Site; - Infringe any patent, trademark, trade secret, copyright or other intellectual property right - Disseminate personal and nominative information about a person without their consent; - Intimidate or harass anyone; and- Impersonate a person or misrepresent the User's identity or affiliation with a person or organization. If the User identifies User content advocating crimes against humanity, inciting racial hatred or violence or relating to the pornography of minors, or violating any of the aforementioned principles, he must inform the Company. immediately to the following addresses: email@example.com or firstname.lastname@example.org. Attention, the fact for any person to present content as illegal for the sole purpose of stopping the activity of a person or obtaining the withdrawal of a publication by presenting false and inaccurate information is illegal.
7.2. Prohibited uses: The User agrees to use the Site only for legal purposes and in accordance with these T&Cs. The User agrees not to use the Site: - in a way that would be in violation of the laws or regulations applicable in France and within the European Union; - for the purpose of exploiting, harming or attempting to harm or exploit in any way minors by exposing them to inappropriate content, asking them for personally identifiable information or otherwise. - by impersonating or attempting to impersonate the Company, an employee of the Company, another User or another User or any other person or entity, for any purpose it would be ; and - by adopting any conduct restricting or preventing the enjoyment of the Site by any person whatsoever. In addition, the User agrees not to:- use the Site in any way that could disable, overload, damage or impair the Site or interfere with the use of the Site by a third party, including its ability to engage real-time activities through the Site; - use any robot, search engine or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any material on the Site; - use a manual process to control or copy any material on the Site or for any other unauthorized purpose without our prior written consent;- use any device, software or routine that interferes with the proper working of the Site;- introduce viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;- attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the Site, the server on which the Site is stored or any server, computer or database connected to the Site; and - attack the Site via a denial of service attack or a distributed denial of service attack; - attempt to interfere with the proper functioning of the Site.
7.3. Penalty for breaches: In the event of non-compliance with these T&Cs, or, more generally, violation of the laws and regulations in force by a User, the Company reserves the right to take any appropriate measure and in particular to: - suspend or limit access to the User's Site; - delete any content posted on the Site by the User; - notify any authority concerned; and- initiate any appropriate legal proceedings. In the event of the User's breach of an essential obligation arising from these T&Cs, the Company shall have the option of suspending or closing the User's Account, at any time, automatically and without legal formality, without prior notice, with immediate effect.
8. DISCLAIMER – LIMITATION OF THE COMPANY'S LIABILITY:
Access to the Site is provided by the Company on an "as is" and "as available" basis. The Company does not guarantee to Users that the Site, subject to constant research to improve its performance and progress in particular, will be completely free of errors, defects or defects, that the Site being standard and in no way offered to the sole intention of a User given according to his own personal constraints will respond specifically to his needs. The Company implements all means to ensure continuous access and proper functioning of the Site. Nevertheless, given the limits linked to the Internet, the Company cannot exclude that access to and operation of the Site may be interrupted, in particular in the event of force majeure, malfunction of the User's equipment, malfunctions of the Internet network of the User, or maintenance operations intended to improve the Site and its functionalities. In the same way, a constraint related to the host, such as in terms of maintenance, having repercussions on the accessibility of the Site cannot involve the responsibility of the Company. The Company does not guarantee the absence of technical problems, nor compatibility with a particular configuration and/or hardware, nor an online delay, and cannot be held responsible for malfunctions related to the use of additional software. Consequently, the Company cannot be held responsible for an interruption of the Site, whether voluntary or not, it being specified that it undertakes to make its best efforts to limit the interruptions which would be attributable to it. The User expressly agrees that the Company shall not be liable for direct, indirect, incidental, special, incidental, consequential or punitive damages, etc., as well as for any loss of profits or income, which may be incurred by the User. directly or indirectly linked: - to the access or use of the Site; - the User's inability to access or use the Site; - any behavior or content submitted, published or posted on the Site; and- any unauthorized access, use or alteration of User's transmissions.
10. APPLICABLE LAW - DISPUTES: The acquisition of products on the Site is made by a paying User located in France. He has the purchased products delivered through the Company. The paying User is considered as a consumer within the meaning of the preliminary article of the Consumer Code and the Company as a professional, within the framework of the contractual relationship which unites them. The provisions of the Consumer Code are therefore applicable to these T&Cs.
10.1. Applicable law, language and attribution of jurisdiction (i) These T&Cs are governed by French law subject to the law applicable to consumers; (ii) The language of interpretation of these T&Cs is the French language; and (iii) Any dispute arising from the execution of these T&Cs or in relation to these T&Cs will be submitted to the competent courts on French territory.
10.2. Severability of clauses: If one or more stipulations of these T&Cs were declared void(s) pursuant to a law, regulation or following a final decision of a competent court , the other stipulations will keep all their effects.
11. ENTRY INTO FORCE AND UPDATE: These T&Cs entered into force on November 29, 2019