Download dated General Terms and Conditions as pdf document - Consult the General Terms and Conditions historical as pdf
humidor-station.fr (trade name)
SARL (LTD) with a capital of 15 000 Euros
235 Allée Hector Pintus
06610 La Gaude France
Telephone: +33 (0)4 22 13 10 93 number (no surcharge)
Fax: +33 (0)4 86 55 60 05
RCS Grasse 499 389 146 - (2007 B 00582)
VAT no: FR25499389146
INTRA VAT no: FR25499389146
Publication Director: Project web Sarl
Web Hosting: OVH
Contact Address: email@example.com
Web designer: Project Web S.A.R.L
These Terms and Conditions are applicable to PROJECT WEB, in its capacity as Seller, and all Customers of the products offered for sale on the site www.humidor-station.fr (PROJECT WEB SARL and www.humidor-station.fr, together hereinafter referred to as the "Site").
The Customer is a person that has full legal capacity to engage themselves under these Terms and Conditions, in ordering a product offered for sale on the web site that is for strictly private and personal use
Ordering a product on the Website entails full acceptance of these Terms and Conditions, that the Customer acknowledges having read before ordering.
The Terms and Conditions that apply are those in force on the Site at the time the Customer's order. In all cases, the site invites the Customer to save and print these Terms and Conditions.
1. APPLICATION OF THE TERMS AND CONDITIONS
These Terms and Conditions are intended to inform all Customers on the terms and conditions relating to the sale and delivery of products ordered by the Customer on the Website. They also set out the rights and obligations of the Site, in its capacity as Seller, and the Customer through the sale of products offered on the Site.
The site is open to all countries in the world whose laws do not prohibit the purchase and use of products sold on the Website. In the event that the Site shoul be wholly or partly illegal under the national law of residence of the Customer, it is for the latter to give up access from the territory or access from other jurisdictions where it is deemed legal.
Accordingly, any person domiciled in France or outside French territory may make a contract with the Site subject to the application of differential pricing in mailing and payment which will be specified when ordering. In all events, it must be clear to the Customer that any customs taxes and / or other taxes relating to transmission or at reception of ordered products that all formalities will be paid for in full by the latter who declares they have taken full and prior knowledge, when placing an order with site.
In the hypothesis that a country is not referenced on the Site delivery area and subject to the conditions set out above, it is up to the Customer to contact the site to establish the possibility of a personalized delivery quote either by email (firstname.lastname@example.org) or via the telephone platform: +33 (0)4 22 13 10 93.
1.3 Acceptance and Declaration
By accessing this Site, the Customer is subject to these Terms an Conditions.
The site may sell tobacconist's accessory products, it is an essential condition that the User declares to have the legal capacity to contract within the conditions described below that is, they are of a legal age or are an emancipated minor and are not protected by the meanings of the Article 488 of the Civil Code.
Subscribing to services implies acceptance without limitation nor reserve the Terms and Conditions (check box during registration and during the validation of an order). Failing such acceptance, the Customer will not be able to continue their online registration and use of the services on the Site.
All use of the Services by the User therefore after carries the rights under these Terms and Conditions.
The Site reserves the right to modify the Terms and Conditions as necessary, according to the technical development of the site, changes in legislation, at its sole discretion. Use of the Website and services offered are always subject to the most recent version of the Terms and Conditions posted on the Site and available to the public at the time of use. It is recommended to all Customer to check as often as necessary on the Terms and Conditions.
The Site may also make changes at any time in the editorial content and services including pricing at any time without notice.
When using the Site, Customer may be subject to guidelines or rules posted on the Site and on the services that are offered, which may contain Terms and Conditions in addition to these Terms and Conditions. All such guidelines or rules are hereby, incorporated by reference into the Terms and Conditions.
1.5 Breach of Terms
Non-compliance to these Terms and Conditions will automatically terminate permission to use the Site and the immediate closure of the account. Any Breach of these Terms and Conditions gives the Site the right to refuse all future services to author of the violation in question, with no blame or consequence to the Site.
2. ACCESS TO THE SITE
It is the Customers full responsibility regarding data processing and telecommunications, concerning their means of access to the Site.
As such, it is up to the Customer to protect their technical equipment against any form of contamination by viruses and / or intrusion attempts, the Site can in no way be held responsible. The Customer is solely responsible for the installation, operation and maintenance of their technical equipment necessary to access the Site.
In all cases, the site can not be held responsible if the service offered by the site is inconsistent or malfunctions with certain software, configurations, operating systems or equipment used by the Customer.
Moreover,The expenses related to telecommunications and Internet connections for the duration of use of the Site are the responsibility of the Customer.
3. SITE REGISTRATION
Registration is free of charge on the website for the Customer and can be done at any time.
Registration is required for the first purchase on the site. The Customer must provide their e-mail address and choose a password.
A registration confirmation will be sent by the Site to the e-mail address provided by the Customer.
4. FONCTIONNING OF THE CLIENT ACCOUNT
4.1 Creating a Customer's account
To place an order, the Customer agrees to fully complete the form fields on the Site and to provide complete, accurate and reliable information to enable the opening of an "Account". The Customer agrees to maintain, the information provided to the Site and update any changes as soon as possible, especially their mailing address for billing and shipping. It is expressly agreed that the Customer is solely responsible for the consequences of failure to update such information.
The Site reserves the right to request proof of their situation from a Customer with written documents.
4.2 Functioning of the Customer's account
An account is opened in the name of the Customer after the registration procedure on the Site. This account is personal to the Customer and can be accessed by using the e-mail address given for registration and their chosen password. The Customer should not disclose his e-mail address or password used for registration to any third party.
The Customer agrees to protect and preserve in secret the e-mail address and password used for registration.
They undertake without delay to inform the Site of any abuse, loss or anomaly of the e-mail address registration and / or password.
In the absence of any request of revocation for an endangered registration e-mail address and / or their password. The Customer acknowledges that they will be charged for any actions performed on their account when the e-mail registration and password have been used,and in particular, in the case of any concluded purchase (s), even unknowingly, by a person using their e-mail address for registration and password.
The Customer assumes all the consequences of the disclosure of their registration e-mail address and password.
The Site is committed to managing the Customer Account and reserves the right to remove or suspend access to the Account for violation of these Terms and Conditions or any suspected abuse of the e-mail and / or password.
The Customer agrees not to create or use other accounts other than the one they created personally.
5. CONCLUSION OF AN ORDER
5.1 Specifications of Products sold on the Site.
The Customer may acquaint themselves with the essential features of the product or products on the Site that they wish to order. For any questions or additional information, the Customer may also send an email to the Site (email@example.com) or contact the telephone platform: +33 (0)4 22 13 10 93.
The Customer may select one or several items among the different categories available on the Site.
The offers of products for sale by or on the Site are valid while stocks last.
All representations of products on the Site, such as, photographs, data sheets / product information and graphics, this list being non exhaustive,are provided for information purposes only and communicated by the suppliers from whom the products were acquired. In the case of a supplier changing representation of a product shown on the Site, the responsibility of the Site can not be engaged nor affect the validity of the sale.
The Site will make its best efforts to ensure that the photographic representation of the products on the Site are as faithful as possible to the products themselves. However, with regards to the format of digital products or services on the Internet, it is possible that the perception by the Customer of the photographic representation of the products, may not exactly match the product or service itself.
Before confirming the order The Customer,should check the various shipping options and their rates for their chosen product (s), which vary in accordance with the different delivery zones.
It is also up to the Customer to verify the methods of payment offered by the Site, which can vary, before confirmation of their order.
5.2 Placing an order
After selecting a payment method depending on the choices offered by the Site to the Customer and clicking "continue", the Customer shall be considered to have unconditionally accepted these Terms and Conditions (check box required), which includes in particular the products and their specifications or warranties, prices, quantities and terms of the transportation of the products ordered.
The Customer's order will be confirmed by e-mail, at the address indicated by the Customer upon creation of their account.
The sale is concluded and considered complete only upon receipt of full payment for the order by the Site including payment by check, bank transfer and Paypal.
To fight against fraud, the Site reserves the right to ask the Customer to provide a signed order confirmation and pay by bank transfer in lieu of payment by credit card, Paypal or check . Similarly, the site may also request additional supporting documents at the time of order confirmation. Lack of cooperation or if the documents submitted by the Customer can not authenticate the Customer account, the Site reserves the right to cancel the order, after informing the Customer by e-mail.
In the case of fraud or characterized violation (including forgery, receiving stolen property, illegal importation), the Site has an obligation to communicate all documents, information and records at their disposal, including the e-mail address registration and the password chosen by the Customer concerned, to the relevant legal bodies
6. PRICE / PAYMENT OF ORDERS
6.1 Price calculation
The total price paid by the Customer is inclusive of tax and in Euros it includes:
- -The price of the product ordered by the Customer as shown on the Site at the time of ordering. As an exception, the price of products that are to be delivered to overseas territories or non European countries, will be tax free and the Customer will be required to pay any fees, taxes or expenses to Customs according to the laws in force, when the product enters their country or territory
- -Shipment of the product to the shipping address supplied by the Customer at the time of ordering the product. The choice of carrier and shipping costs vary depending on the delivery destination and weight of the product this will be indicated to the Customer at the time of ordering. The Site will provide free delivery in France for all Orders of ninety (90) Euros and over, If the Customer chooses a delivery via COLISSIMO (or any other carrier substituting the Site selection)
The Site reserves the right to modify its prices at any time, any changes in the VAT rate will be reflected on prices.
Products will be invoiced on the basis of the rates and conditions in force at the time of ordering on the Site.
6.2 Terms of payment
Payment of the total price due by the Customer shall be paid on ordering and in all cases, payments can not be considered t as a deposit.
The Site debits the total amount due on confirmation of the order or upon receipt of check, bank transfer or Paypal transfer, in the case of payment by check, Paypal or bank transfer.
In all cases, payment must be received by the Site within a maximum of TEN (10) days after the order confirmation. Otherwise, the order will be cancelled by the Site.
In the event of payment by check, The Customer shall indicate the order number on the back of the check. It must be fully completed, signed and made out to humidor station.fr and sent with a proof of identity (copy of ID or passport) to: humidor-station.fr - 954 Road Saint Laurent - 06610 La Gaude - FRANCE. Postage and the sending of the check to the Site shall be and remain the responsibility of the Customer.
In the case of a bank transfer, the Customer will transfer the full amount for their order from their account to the humidor station account.
The transfer fee shall be and remain the responsibility of the Customer.
The Customer guarantees the validity and accuracy of the information necessary for the means of payment chosen from those available on the Site which may be limited or vary depending on the place of residence and delivery information provided by the Customer.
6.3 Failure to pay
Penalties are applicable equal to the statutory rate of interest for unpaid amounts after a period of TEN (10) days from the invoice date or upon notification of a bankers rejection or any other means of payment.
The Site reserves the right to suspend or cancel any order and / or delivery, whatever the nature and level of non-payment of any sum due by the Customer , any payment problem or any suspicion of payment fraud.
Concerning promotional offers, being either the "Deal of the Month" or promotional codes or discount vouchers (from here after "discount code"), the site may also offer discounts to the Customer.
The Customer agrees to read the instructions and conditions of use for each type of discount.
The Customer acknowledges that vouchers can be of a limited duration in time, be limited to certain categories of products and / or be subject to a minimum order.
Given the conditions and characteristics related to the discount codes, if a discount code could not be applied to the Customers order, the Customer accepts the principle that the relevant discount code can not be used and In this case, the Customer will be required to pay the total Site price of their order, and can re use the discount code for another order, within the conditions of validity of the discount code. Products concerned by a discount code on the Site are valid while stocks last.
It is clearly understood by the Customer that the discount code must always be inserted in the "discount code" menu area available in the "payment information" section,which is accessible during the order process. In the case of not using the dedicated menu area, the Customer can not claim for the use of the discount code and can reuse it for their next order within the conditions of validity of the discount code.
In all circumstances, discount codes can not be combined on a same order.
7. DELIVERY AND RECEIPT OF ORDER
7.1 General Rules
The terms of this article apply in the understanding that the Customer order is paid for by the Customer and delivered to the delivery address provided by the Customer with a selected shipping method chosen amongst those proposed by the Site when ordering.
If for any reasons delivery can not be made due to a delivery address being incomplete or incorrect, the Site will not be liable for the cost of re delivery. The cost of re shipment will be fully covered by the Customer on the basis of costs incurred in connection with the re shipment of the products. All free shipping or reduced rates that were part of the initial order will not be applied to re shipment.
It is clearly specified to the Customer that in principle, the Site keeps proof on the sending of the product or products including taking a photograph of the package and its contents at the time of departure from the Site.
7.2 Delivery Arrangements
The Site assumes all transportation risks up to the personal delivery of the product(s) to the Customer or a consignee subject to the Customer or consignee checking the items upon receipt in the presence of the carrier , and if any damaged is observed writing their observation on the transport or delivery slip.
The site has fulfilled its obligation, upon the presentation of the package by the carrier or by the postal service to the address specified by the Customer.
More specifically, the products ordered by the Customer are delivered against signature by the postal carrier, in accordance with the General Conditions applicable to carriers.
The package will be delivered to the home of the Customer or a consignee by a postal carrier and a receipt signed (unless under exceptional circumstances delivery is without signature). The digital signature applied next to the name, and its reproduction proves delivery of the order and the Customer or consignee acknowledges that this signature has the same legal value as a handwritten signature on paper.
Therefore, the receipt of the product can not be entrusted on a third party (such as a caretaker or neighbour) other than the Customer or a consignee. Otherwise, any third party will receive the package on behalf and in the name of the Customer or the consignee.
In case of absence, the Customer or consignee will receive a notice from the postal carrier. The Customer may withdraw the parcel from the post office indicated on the passage notice, within the times indicated and with a proof of identity. The Customer should survey parcel tracking on their account so as to be present at the time of delivery and collect the parcel within the times specified in the passage notice.
The Customer is responsible in the presence of the postal carrier for checking the state of the packaging and content.
In the exceptional cases of delivery without signature, The Customer or consignee should retain the packaging and content wrapping, failing this any claim by the Customer or the consignee can not be accepted.
In the event that the Customer has a doubt of any kind on the condition or contents of the package, they are required :
In any case, under the penalty of inadmissibility of the claim by the Customer or the consignee, the Site will not accept returned packages or any request for reimbursement if the Customer or consignee did not follow this procedure.
- To refuse delivery of the product that has suffered damage or that does not correspond to the order. Or otherwise, keep the parcels packaging and that of the products.
- To follow the above procedure (write their observations on the transport or delivery slip that accurately describes the number of packages and articles received, missing or damaged) and immediately refuse the goods in accordance with this procedure;
- To date, sign and keep a copy of the transport or delivery slip;
- To Notify the carrier within 72 hours by registered letter, refusal of the product or products damaged in transit;
- To Notify the Site within 72 hours, refusal of the product or products damaged in transit; by sending an e-mail ( firstname.lastname@example.org) or by regular mail, a copy of the carriers letter and a copy of the transport or delivery slip.
ANY PRODUCT OR PARCEL THAT IS ACCEPTED WITHOUT A CLAIM BEING MADE OR A CLAIM MADE WITHOUT MEANING, IS CONSIDERED AS PER ORDER AND CANCELS ANY POSSIBLE ACTION AGAINST THE SITE
7.3 Delivery Date
Subject to availability and receipt of full payment for the order, the Site undertakes to deliver the products on the dates indicated on the Customer order form, accessible at any time in the category "DELIVERY INFO ".
The delivery time is calculated in working days, from the date of order confirmation. The delivery date takes into account the time of preparation and for the shipping time by the carrier.
In the event of exceeding the delivery deadline established in the sales contract by over fifteen (15) days, and it not being due to force majeure or default or late payment by the Customer. If the command has not been shipped, the Customer may obtain a cancellation of the sale by sending a registered letter to the Site. It is up to the Customer's to keep track of the parcel on their account.
In the case of cancellation, the total amount for the order of products that were not delivered will be refunded. On the contrary, in the case of receipt of products, the order will be fully refunded upon the return of the product(s) and if in a perfect resalable condition. The product (s) must be returned within a maximum of twenty (20) days from the Sites date of receipt of the cancellation request by the Customer.
In the case of late delivery, the Customer should notify the Site by e-mail (email@example.com) or by phone +33 (0)4 22 13 10 93, enabling the Site to investigate as soon as possible,.
Times may vary depending on the carriers. If during this period, the product is found, it will be immediately sent to the Customer. During the course of the investigation, there can be no change of status for the order.
However, if the parcel is not found at the end of the investigation period which varies depending on the country of delivery and carriers. The Customer will be asked to send a statement of honour to the Site stating that they did not receive their order, with a photocopy of their identification. When these documents are received by the Site, the Site if requested will proceed at its own expense in a new shipment of the product(s) ordered by the Customer.
In the case of an exchange of product (s), delivery charges will be borne by the Customer.
In the case of non-delivery of an order or part order after the time specified in the order and searchable at any time in the "DELIVERY INFO" section on the Customer account, the Customer has fifteen (15) days (from the departure date leaving the Sites warehouse) to make a claim. Beyond this period, any claim related to the loss can not be accepted.
7.5 Special Cases
In the case of an order not being received by the Customer and returned to the Site due to absence and / or non collection within the time specified by the carriers or where delivery can not be made due to reasons related to an incomplete or incorrect delivery address,The Customer has sixty (60) days to ask the Site for the re expedition of their products at the Customers expense.
Under no circumstances will the Site be liable for reshipment. Re expedition will be fully covered by the Customer. All free or reduced shipping charges from the initial order will not be applied to any re expedition.
8. COOLING OFF PERIOD / WITHDRAWAL RIGHTS
No right of withdrawal can not be exercised by a Customer who is not the consumer.
According to the Article L.121-20-2 of the Consumer Code, to exercise their withdrawal rights. The consumer doesn't need to provide a reason for withdrawal or incur any penalties. The Customer has fifteen (15) days from the date of receiving their order, to send a request to the Site which will be registered and confirmed by e-mail, with a "return procedure" including the reason for the return i.e. withdrawal.
Failing receipt of the "return procedure", it is the Customer responsibility to re request the Site via e-mail within the legal limits of the right of withdrawal.
When the fifteen (15) day period expires on a Saturday, Sunday or a bank holiday, it is extended to the first working day.
Warning: Any product that has been customized (especially engraved) or colourized at the request of the Customer, embellished or made according to the specifications of the Customer is excluded from the consumer's withdrawal rights in accordance with Article L .
120-20-2 of the Consumer Code.
Relevant products should be returned to the site in their original resalable condition (packaging, accessories, manuals, ...), duly sealed and accompanied by the obligatory “return authorization form" delivered by the Site. Following the recommendations stipulated on this form, the labels identical to those sent by the Site should be pasted or copied on the package, with the authorization number written legibly in red.
The products must be returned within fifteen (15) days. The return costs and risks associated with the return shipping are the Customers responsibility.
It is expressly agreed that the product must not have been used and any product incomplete, damaged or whose original packaging has been damaged or opened will not be refunded. Guarantee papers or any other document relating to the product should never be completed or annotated. The Customer who exercises their withdrawal rights may request the refund of the products concerned or opt for a credit note that can be used on other products for sale on the Site.
In the case of a credit note the Site will communicate by e-mail its duration of validity.
In the case of refund, payment will be made within THIRTY (30) days to the delivery address specified by the Customer at the time of order.
It is clearly understood by the Customer that the right of withdrawal on returned products can not be applied in particular if they have exercised their rights outside the legal time limit, or if the products are not accompanied with the return form or if the recommendations specified in the "return procedure" were not followed in full, if the package is not sent with the labels provided by the Site or with identical copy's of these labels or accompanied by the return “authorization number”, or if the products are not concerned by the right of withdrawal, or if the products are not in their exact original condition and individual packaging, if the product has been opened and shows signs of use or has been damaged, in general if the product is not in perfect condition for resale.
9. GARANTIES AND RESPONSIBILITIES
9.1 Relating to the Products
Products offered for sale on the site have a manufacturer's warranty, relevant information including the duration of the warranty is available on the site as well as on the product label . When ordering, the Customer acknowledges that they are aware of the relevant product information.
All product returned under the manufacturer's warranty are subject to the prior approval of the Site. For this purpose, the Customer must contact the Sites customer service by e- mail (firstname.lastname@example.org) or by phone +33 (0)4 22 13 10 93. No returns will be accepted without prior authorization from the Site which will be sent by email to the Customer with information on the manufacturer's warranty and terms of the "return procedure" Costs and risks associated with product returns are the Customer responsibility.
All returned products must be sent accompanied imperatively by the return form and labelled with the labels provided by the Site or with identical copy's and the return authorization number marked in Red.
Otherwise, product returns will not be accepted by the Site.
In all cases, the warranties do not cover abnormal use of products, damage subject to a specific mention in the descriptive articles, defects and their consequences related to improper use of the product or use for which the product is not intended and products covered by a support and / or special maintenance contract. In these cases, the return postage will be borne fully by the Customer.
Similarly, if a product is returned due to an alleged defect or non-conformity by the Customer, following verification by the Site if the Product is found to be in perfect working order, the return postage will be borne fully by the Customer.
Warning. It is clearly specified to the Customer that pipe stems are NOT guaranteed once the pipe has been used and, in all case, are guaranteed according to the Manufacturer's restrictive guarantee policy. If repair is necessary, the Customer must accept the quotation sent by the Site especially if it is included in a "return procedure".
The Site also commits to ensuring that products are in perfect accordance with the law, with current laws in France, as well as with the rights of third parties and the likelihood of offending the sensibility of minors.
The Site will not be liable for breach of contract if a product is out of stock or unavailable,the case of force majeure as referred to in Article 12 of these Terms and Conditions or disruption by full or partial strikes of their delivery services.
In all cases, no defect relating to the non-compliance of a product can not be invoked by the Customer beyond a period of six (6) months following the date of its receipt.
The Site shall not be liable for incidental or consequential damages that may arise from the purchase of products offered on the Site.
The site can not be held responsible for the total or partial inability of the products use, because of an incompatibility with the Customers equipment. The Customer will not be entitled to any compensation or reimbursement of the products concerned.
9.2 Relative to the Site
It is expressly agreed that the Site has an obligation of duties.
The site undertakes the responsibility to ensure optimal conditions and performance of the services entrusted on it.
The Site reserves the right to suspend access to the Site if it considers that an event is likely to affect its functioning, its integrity or requires maintenance, for the duration necessary of an intervention. In the case of a scheduled intervention, the Site undertakes to inform the Customer on the home page of the Site or by any other means at their disposal, of dates for planned interventions and to reduce unavailability during the day. However, suspension can not engage the responsibility of the Site and does not entitle to any compensation.
The Site declines all responsibility for the Customers use of the Site.
In all cases, if a sentence is pronounced against the Site, and for any reason whatsoever, the amount of damages to which the Site may liable is limited to the sums actually received by the site for the services or products ordered by the Customer.
The Site can not be held responsible for damages such as: financial loss or loss of computer programs suffered by the Customer which may arise from a breach of these Terms and Conditions, such damages are explicitly agreed to be the results of indirect loss and will therefore be considered as indirect loss resulting in no entitlement to compensation if any action is taken against the Customer by a third party.
The Site will under no circumstances be liable for consequential damages, even partially, to a total or partial breach of obligations of the Customer and any indirect damages even if they were aware of the possibility of such damages.
The Site will not be responsible and will not be deemed to have breached its obligations in the event of failure of all or part of these or a disruption in their execution, if this failure is due to force majeure or a Customers or any third parties actions. In this case, the site will inform the Customer and seek measures to remedy the situation.
The Customer guarantees and undertakes to compensate the site for any damage they have subjected it too and against any action that may be taken against the site on the basis of the violation of these Terms and Conditions / or any right of a third party.
The Site assumes no obligation or liability for any delays, alteration or other errors that may occur in the transmission of products from the site when these events result from the use of networks or Customer misuse.
The Site can not be held responsible for any fraudulent use by a third party of the e-mail address and password of the Customer. Hyperlinks on the Site may link to other sites, the Site will in no event be liable for damages resulting from the use of such links, the inability to access linked sites or the content or actions of these sites.
The Site does not assume any liability or responsibility for the form, sufficiency, accuracy, genuineness, falsification or legal effect transmitted data to access the Site.
The Site is not responsible for the availability of networks that are not fully under its direct control, nor for any modification, suspension or discontinuation of their services.
The Customer undertakes to make all the necessary safeguards, as a result of which, the site can not be held responsible for loss of data or files.
10. PRIVACY AND PERSONAL DATA
On using the Site, certain information may be requested for the creation of an account, including but not limited to, first / last name, date of birth, country, e-mail address or any other information concerning the Customer. If they do not wish to disclose this information, the website invites them not to use the services that require them.
The Site uses the information to provide the services related to a Customers order including but not limited too, monitoring requests for products and services, delivery orders, tracking technical issues, communication of information relating to promotional offers and competitions (such as newsletters) and satisfaction surveys.
The website complies to the Data Protection Act (available at www.cnil.fr) for all treatment of personal data carried out in the running of the Site.
The Customer agrees that the Site may use their personal data for the proper functioning of the Site. Personal data transmitted by the Customer and held by the Site complies to the law in force regarding personal data and will not be disclosed without the prior consent of the Customer .
In accordance with the Data Protection Act of 6 January 1978, the Customer may obtain access to rectify, update or delete their personal data, at the following email address: email@example.com when its inaccurate, incomplete or outdated.
The Customer may object to the processing of their personal data for marketing or commercial purposes that are for the benefit of the holder. at the following email address: firstname.lastname@example.org
Cookies are small files sent to the Customers computer by the Site, they can be used to store or recall certain information such as a password or user name so that this information does not have to be given on each visit to the Site. Browsers can be configured to accept or reject cookies or notify of their installation.
11. INTELLECTUAL PROPERTY
All elements of the site, including graphic design, brand, domain name, database and data are protected by the laws of copyright, the rights of database producers and industrial property. Any unauthorized use of the materials on the Site may violate such laws. The Site does not grant Users any express or implied right to software, patents, copyrights, database and data, trademarks or trade secrets relating to the elements of the Site. Only the the right to use the Site and its elements is granted. Unless otherwise stated in these Terms and Conditions, no part of the Site may be reproduced in any form or by any means whatsoever without the written permission of the Site. The User is not authorized in
- -The permanent or temporary extraction or transfer of all or part of the Site content, to another medium by any means and in any form whatsoever;
- -The Reuse of content of all or any part of the Site by making it available to the public, in any form whatsoever.
: Unless stated otherwise , the User is authorized to view, download and print documents and information on products available on the site by using their user name and access code for simple private use.
The creation of a hypertext link to the Site , even simple, may be created only with the Sites permission and there must be no confusion of the site's identity or the source of information.
12. FORCE MAJEURE /EVENTS BEYOND THE SITES CONTROL
The Site or the Customer can not be held responsible for any delay in performing their obligations or any breach of its obligations under these Terms and conditions if the circumstances are given to force majeure within the meaning of the Article 1148 of the Civil Code.
Explicitly, are considered force majeure or events beyond the sites control, besides those usually retained by the jurisprudence of French courts,and can be considered contractual clauses in these Terms and conditions :
Total or partial strikes, lockout, riot, civil disturbance, revolt, civil or foreign war, nuclear risk, embargo, confiscation, seizure or destruction by any public authority, bad weather, epidemic, supply or obstruction of transport for any reason whatsoever, earthquake, fire, storm, flooding, water damage, legal or governmental restrictions, legal or regulatory changes in the forms of marketing, unpredictable blocking of electronic communications, including electronic network communications, that can put in peril the norms and standards of the profession within the Terms and Conditions of the Site.
Initially, the case of force majeure will suspend the execution of these Terms and Conditions from the receipt of a registered letter with proof of receipt accurately identifying the event in question. If the force majeure lasts for more than forty-five (45) days, the contractual relationship is terminated automatically, unless otherwise agreed between the parties.
13. AGREEMENT ON PROOF
In Accordance with the Article 1316-2 of the Civil Code, the Site and Customer agree to establish, in the context of e-commerce services, rules of evidence that are admissible in the case of dispute and their probative value. The following provisions constitute the agreement of proof passed between the parties, who agree to comply with this article.
The Site and the Customer agree to accept that in the case of dispute e-mail addresses and passwords used in connection with the Site and Accounts as well as any other e-mails exchanged are admissible in court and will show the data and facts they contain.
The Site and the Customer agree that in case of dispute, data connection and logins relating to actions performed on their accounts are admissible in court to show data and information that they contain.
The Site and the Customer agree that in case of dispute, the documents, information and records can be shown, including the date and content of the order , regardless of the amount concerned.
14. GENERAL MEASURES
The Site reserves the right to subcontract other companies of its choice for all or part of the services and sale of products on the Site both parties remain solely responsible in respect to one another.
Any notification required under the terms of the contract should be made in writing to the other PARTY, by registered letter with proof of receipt, or by any other means that receipt can be proven (DHL, Chronopost registered letter hybrid Dépomail , ...) to the Site (email@example.com). Or in accordance with this article to any other address that has been communicated in writing by one of the PARTIES. This notification will be considered received by a PARTY on the date of the first business day following the first presentation to the PARTY.
For the execution of the contract and its consequences, the PARTIES respectively determine their residence, either home or office,quoted at the beginning of the Contract.
14.3 Understanding and agreement of the PARTIES
The PARTIES agree that the contract, annexes and amendments of these Terms and Conditions constitute the agreement between them and supersedes all other relative agreements.
This contract consists of the following contractual documents:
- The order placed on the Site;
- These terms and conditions;
- These Terms and Conditions cancel and replace all previous documents relating to the same subject.
Any claims should be sent by registered letter with proof of receipt,within EIGHT (8) days of signing the contract, notifying in writing the reason that justifyi the claim.
If one or more of the specifications in these Terms and Conditions become wholly or partially invalid, this will not affect the validity of the remaining specifications in the Terms and Conditions. The Customer is advised that the Site may, close, sell and / or transfer the Site, without any obligations towards the Customer especially in regard to their account and any loyalty points.
15. APPLICABLE LAW AND JURISDICTION
These Terms and Conditions are subject to French law.
The Customer may at any time check on their rights at the following addresses:
Each party agrees that any disputes as to the legality, interpretation, application, execution or non execution of any part of these Terms and Conditions arising between them which results in either party instituting court proceedings shall be litigated in the District Court of the Sites head office