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Terms and conditions of use

GENERAL TERMS AND CONDITIONS OF USE

Definitions

We will refer to this as:

  • « Website » or « Service » : the website https://www.deco-alsace-obernai.fr and all its pages.
  • « Publisher » : Trésors d'Argan, the legal entity or natural person responsible for the publication and content of the Site.
  • « User » : Internet users visiting and using the Site's Services.

These General Terms and Conditions of Use (hereinafter the "GTCU") are proposed by the Site Publisher. Users of the Website are invited to read these GTCU carefully, to print them out and/or to save them on a durable medium. The User acknowledges having read the GTCU and accepts them in full and without reservation.

Article 1 - Application of the GCU

The purpose of these GCU is to define the conditions of access to the Site by Users. The Publisher reserves the right to modify the GCU at any time by publishing a new version on the Site. The GTC applicable to the User are those in force on the day of acceptance.

The Site is freely accessible to all Users. The acquisition of a product or service, or the creation of a member space, or more generally browsing the Site implies acceptance, by the User, of the entirety of these GCU, who acknowledges by the same token having fully read them.

This acceptance may consist, for example, for the User, in ticking the box corresponding to the sentence of acceptance of these GCU, for example with the wording « I acknowledge that I have read and accepted all the general terms and conditions of the Site ». Ticking this box will be deemed to have the same value as a handwritten signature on the part of the User.

The User acknowledges the evidential value of the automatic recording systems of the Editor of this Site and, unless he/she provides proof to the contrary, waives the right to contest them in the event of a dispute.

Acceptance of these GTUs implies that Users have the legal capacity to do so. If the User is a minor or does not have this legal capacity, they declare that they have the authorisation of a guardian, curator or their legal representative.

The Publisher makes available to the Customer, on its Site, a confidentiality charter specifying all the information relating to the use of the Customer's personal data collected by the Publisher and to the Customer's rights with regard to such personal data.

The data privacy policy forms part of the GTCU. Acceptance of these GTCU therefore implies acceptance of the data privacy policy.

Article 2 - Legal notice, personal data and purpose of the Site

This Site is published by Trésors d'Argan SARL. Legal information concerning the Site's host and Publisher, including contact details and any capital and registration information, is provided in this Site's legal notice.

Information concerning the collection and processing of personal data (policy and declaration) is provided in the Site's personal data charter.

The purpose of this Site is determined as "Online Sale in Gifts and Souvenirs".

Article 3 - Member area

Users registered on the Site (members) can access it by logging in using their login details (e-mail address defined when they registered and password) or by using systems such as third-party social network login buttons. Users are entirely responsible for protecting the password they have chosen. They are encouraged to use complex passwords. If you forget your password, you can generate a new one. This password guarantees the confidentiality of the information contained in the "my account" section and the User is therefore prohibited from passing it on or communicating it to a third party. Failing this, the Site Publisher may not be held responsible for unauthorised access to a User's account.

The creation of a personal space is an essential prerequisite to any order or contribution by the User on this Site. To this end, the User will be asked to provide a certain amount of personal information. The User undertakes to provide accurate information.

Data is collected for the purpose of creating a "member account". If the data contained in the member account section were to disappear following a technical breakdown or a case of force majeure, the Site and its Publisher may not be held liable, as this information has no evidential value but is for information purposes only. The pages relating to member accounts may be freely printed by the holder of the account in question but in no way constitute proof; they are for information purposes only and are intended to ensure efficient management of the service or contributions by the User.

Each User is free to close his/her account and data on the Site. To do so, they must send an e-mail to Trésors d'Argan indicating that they wish to delete their account. No recovery of their data will then be possible.

The Publisher reserves the exclusive right to delete the account of any User who has contravened these GTCs (in particular, but without this example being exhaustive, where the User has knowingly provided incorrect information when registering and creating their personal space) or any account that has been inactive for at least one year. Such deletion shall not be liable to constitute damage for the excluded User, who shall not be entitled to claim any compensation as a result. This exclusion is not exclusive of the possibility, for the Publisher, of taking legal action against the User, when justified by the facts.

Article 4 - Access and availability of the Site

The Publisher makes its best efforts to make the Site accessible at all times, subject to maintenance operations on the Site or the servers on which it is hosted. In the event that access to the Site is impossible due to technical problems or problems of any kind, the User may not claim any damages and may not claim any compensation.

The Site Publisher is bound only by an obligation of means; it may not be held liable for any damage resulting from the use of the Internet network, such as loss of data, intrusion, virus, break in service, or other.

Users expressly acknowledge that they use the Site at their own risk and under their sole responsibility.

The Site provides the User with information on an indicative basis, with imperfections, errors, omissions, inaccuracies and other ambivalences likely to exist. In any case, Trésors d'Argan cannot be held responsible for :

  • any direct or indirect damage, in particular with regard to loss of profits, loss of earnings, loss of customers or loss of data, which may result from the use of the Site or, on the contrary, from the impossibility of using it. ;
  • malfunction, unavailability of access, misuse or incorrect configuration of the User's computer, or the use of a browser that is not widely used by the User.

Article 5 - Hypertext links

The Site may include hypertext links to other sites.

The User therefore acknowledges that the Publisher may not be held liable for any damage or loss, whether proven or alleged, resulting from or in connection with the use or the fact of having taken cognisance of the content, advertising, products or services available on these external sites or sources. Similarly, the Editor of this Site may not be held liable if the User's visit to one of these sites causes him/her any harm.

If, despite the Publisher's efforts, one of the hypertext links present on the Site points to a site or an Internet source whose content does not comply or does not appear to comply with the requirements of French law, the User undertakes to contact the Site's publication director immediately, whose contact details are given in the Site's legal notice, in order to inform him of the address of the pages of the third-party site in question.

Article 6 - Cookies

A "Cookie" may be used to identify the User of the Site, to personalise the User's consultation of the Site and to speed up the display of the Site by recording a data file on the User's computer. The Site is likely to use "Cookies" mainly to 1) obtain browsing statistics in order to improve the User's experience, and 2) allow access to a member's account and to content that cannot be accessed without logging in.

The User acknowledges that he has been informed of this practice and authorises the Site Publisher to use it. The Publisher undertakes never to communicate the content of these "Cookies" to third parties, except in the event of legal requisition.

Users may refuse to accept cookies or configure their browser to warn them before accepting cookies. To do this, the User must set the parameters of their browser :

Article 7 - Intellectual property rights

All elements of this Site belong to the Editor or to a third party authorised by the Editor, or are used by the Editor on the Site with the authorisation of their owner.

Any representation, reproduction or adaptation of the logos, textual, pictorial or video content, without this list being exhaustive, is strictly prohibited and is tantamount to counterfeiting..

Any User found guilty of infringement may have their access to the site removed without notice or compensation and without this exclusion constituting damage, without prejudice to any subsequent legal proceedings against them, at the initiative of the Site Editor or its representative.

The trademarks and logos contained in the Site may be registered by Trésors d'Argan, or possibly by one of its partners. Any person proceeding to their representations, reproductions, imbrications, diffusions and rebroadcasts incurs the sanctions envisaged in articles L.713-2 and following of the Code of the intellectual property.

Article 8 - Responsibility

The Publisher is not responsible for Users' publications, their content or their accuracy. The Publisher may under no circumstances be held liable for any damage to the User's computer system and/or loss of data resulting from the User's use of the Site.

The Publisher undertakes to constantly update the content of the Site and to provide Users with accurate, clear, precise and up-to-date information. In principle, the Website is accessible at all times, except during technical maintenance operations and content updates. The Publisher may not be held liable for any damage resulting from the unavailability of the Site or parts thereof.

The Site Editor may not be held liable for technical unavailability of the connection, whether this is due to force majeure, maintenance, updating, modification of the Site, intervention by the host, an internal or external strike, a network failure or a power cut.

The Publisher may not be held liable for the non-operation, inability to access or malfunctioning of the Site attributable to unsuitable equipment, incorrect configuration or use of the User's computer, malfunctioning of the services of the User's access provider or those of the Internet network.

Article 9 - Notifications and complaints

Any notification or notice concerning these GCU, the Legal Notice or the Personal Data Charter must be made in writing and sent by registered or certified post, or by e-mail to the address indicated in the Site's Legal Notice, specifying the contact details, surname and first name of the notifier, as well as the subject of the notice.

Any claim relating to the use of the Site, the Services, the Site's pages on any social networks or to the T&Cs, the legal notices or the personal data charter must be filed within 365 days of the day on which the problem giving rise to the claim arose, regardless of any law or rule of law to the contrary. In the event that such a claim has not been filed within the following 365 days, such claim will forever be inapplicable in court.

It is possible that, to a limited extent, the Website and the Services offered may contain inaccuracies or errors, or information that does not comply with the GTCU, the Legal Notice or the Personal Data Charter. In addition, it is possible that unauthorised modifications may be made by third parties to the Website or related Services (social networks, etc.).

In such a situation, the User may contact the Site Editor by post or by e-mail at the addresses indicated in the Site's legal notices, if possible with a description of the error and its location (URL), as well as sufficient information to enable the User to be contacted.

Article 10 - Independence of clauses

If any provision of the TOU shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the TOU and shall not affect the validity and enforceability of any remaining provisions.

The GCU supersede all prior or contemporaneous written or oral agreements. They are not assignable, transferable or sub-licensable by the User.

A printed version of the TOU and of all notices given in electronic form may be requested in judicial or administrative proceedings relating to the TOU. The parties agree that all correspondence relating to these TOU shall be in the French language.

Article 11 - Applicable law

These GTUs are governed by and subject to French law.

Unless otherwise provided by public policy, any disputes that may arise in connection with the performance of these GTUs may, prior to any legal action, be submitted to the Site Editor for amicable settlement.

It is expressly recalled that requests for amicable settlement do not suspend the time limits open for bringing legal action.

Unless otherwise provided by public policy, any legal action relating to the performance of these GTUs shall be subject to the jurisdiction of the courts of the place of domicile of the defendant.

All rights reserved - December 3, 2023

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