The Site is operated by Biologique Recherche, a company registered in France with the Paris register of trade under the number B 499 386 753 and whose registered office islocated at 32 Avenue des Champs Elysées – 75008 PARIS (the “Company” or “We” or “Us”). For more information, please refer to the “Legal Notice” section of the Site.
- THESE TERMS AND CONDITIONS (“Terms and Conditions”) are divided in three parts:
- Section 2: the terms of sale ("Terms of Sale"), which set out the terms on which you, as a consumer, may order (an “Order”) the products available on the Site ("Goods"). The Terms of Sale will become binding on you when you submit an order for Goods via the Site and will be incorporated into the contract between you and the Company in relation to such order for Goods ("Contract"); and
Please note that Company reserves the right to change the Terms and Conditions from time to time, by posting a revised set of terms, or mailing and/or emailing notice thereof to You (or such other method as may be required by applicable law). However, the Terms of Sale applicable at the time of your Order will apply to that Order.
In addition, Company may add, modify, or delete any aspect, component, or feature of the Site, but Company is not under any obligation to provide any upgrade, enhancement, or modification. Your continued use of the Site following any announced change will be deemed as conclusive acceptance of any change to the TOU. If you do not wish to continue using the Site following the changes to the TOU, you can cancel your agreement to the TOU by cancelling your Account.
Accordingly, please review the Terms and Conditions on a periodic basis to ensure that you understand the Terms and Conditions that apply at the time that you access and use the Site and/or order Goods.
1.1 LICENSE GRANT AND RESTRICTIONS
This TOU provides to You a personal, revocable, limited, non-exclusive, non-sublicensable, and non-transferable license to use and access the Site during the Term specified herein solely for Your personal, private use, conditioned on Your continued compliance with all provisions of this TOU and General Terms (including without limitation any external terms and documentation linked or referenced herein). When using the Site in accordance with the foregoing license, You shall not directly or indirectly (a) use the Site to create or provide, directly or indirectly any service, product, software or documentation that performs substantially the same functionality as the Site or that compete with Company’s business, (b) disassemble, decompile, reverse-engineer, or use any other means to attempt to discover any source code, algorithms, trade secrets, or applications underlying the Site or any of its webpages, content, or features, except to the strict extent permitted by applicable law (c) encumber, sublicense, transfer, distribute, rent, lease, time-share, or use the Site in any service bureau arrangement or otherwise for the benefit of any third party, (d) adapt, combine, create derivative works of, or otherwise modify the Site, (e) disable, circumvent, or otherwise avoid or undermine any security device, mechanism, protocol, or procedure implemented in the Site, (f) use or access the Site for any unlawful, fraudulent, deceptive, tortious, defamatory, malicious, or otherwise harmful or injurious purpose, (g) remove, obscure, deface, or alter any proprietary rights notices on any element of the Site or accompanying documentation, (h) use the Site in any manner which could damage, disable, overburden, or impair the Site or any equipment, network or software used in operating the Site, or interfere with any third party’s authorized use of the Site, (i) probe, scan, or test the vulnerability of the Site or any systems or network infrastructure connected with the Site, including without limitation by stress testing or penetration testing, (j) copy or otherwise reproduce, republish, re-post, transmit, distribute or re-sell any part of the Site unless expressly permitted to do so in these Terms and Conditions, (k) use the Site by automated means or otherwise for the purposes of scraping, extracting or otherwise obtaining any material from the Site for use within a third-party website or application, (l) collect or harvest any information or data from the Site or Company’s systems or attempt to decipher any transmission to or from the servers running the Site (m) use the Site for unauthorised mass-communication such as “spam” or “junk mailor”, or (n) use the Site in any way that breaches these Terms and Conditions or any applicable local, national or international law or regulation.
You are responsible for configuring your information technology, computer programmes and platform in order to access the Site and we recommend that you use your own virus protection software. You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. In the event of a breach of these provisions, your right to use the Site will cease immediately and the Company will report any such breach to the relevant law enforcement authorities.
If you wish to place a link to our Site on other sites you may do so only to the home page of this Site and with our prior written permission. Deep linking (i.e. links to specific pages within this Site) requires Company’s additional express written permission.
1.2 USER OBLIGATIONS
In order to register an Account, you must be aged 18 or over. You represent that You are at least eighteen (18) years of age or the legal age of majority in Your jurisdiction (whichever is greater) and will, at all times, provide true, accurate, current, and complete information (which You have all necessary rights, permission(s), prior express consent, or authority to provide) when submitting information through the Site.
In addition, You are responsible for compliance with all applicable laws, rules, and regulations, including but not limited to all laws and regulations governing consumer protection, unfair competition, commercial electronic mail (email) and messages, advertising, privacy, and data security with respect to Your use of the Site.
If You access the Site on behalf of any organization, Your organization shall be bound to this TOU and General Terms and be liable for any breach by You. You represent that You have all rights, power, and authority to agree to this TOU on behalf of Your organization.
The Site is not intended for use or access by any individual under the age of thirteen (13) years, and Company does not knowingly, willingly, or intentionally collect personal information from such individuals in any medium for any purpose.
1.3 YOUR ACCOUNT
You will be required to register an account to use the Site or certain services or features of the Site (the “Account”) Each registration is for a single user only, unless otherwise expressly agreed by Company. Registration for access to and use of the Site may also require you to provide access credentials, such as a username and a password, or adherence to other access requirements as designated by Company in its sole discretion from time to time. You hereby agree to treat Your access credentials as confidential and not to disclose such information to any third party without the prior express written consent of Company, which may be granted or withheld in its sole discretion. You shall immediately notify Company if You suspect or become aware of any loss, theft, or unauthorized use of Your login credentials, including in order to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled up until they are dispatched. If an unauthorised purchase is dispatched before you notify us of the unauthorised nature of the purchase, we will not be responsible, and you should contract the third-party carrier responsible for transporting purchased Goods from our premises to yours (the “Carrier”). Company will not be liable for any loss or damage arising from Your failure (whether intentional or unintentional) to comply with these obligations. By submitting the requested information to the registration form or similar process on the Site, You represent and warrant that the information You submit for registration is complete, true, accurate, and current in all respects. You must maintain and promptly update Your submitted Account information to ensure that such information is complete, true, accurate, and current. Company reserves the right to suspend, terminate, or otherwise discontinue Your account and/or pending registration if Company has reasonable grounds to suspect that any information You have submitted is untrue, inaccurate, not current, or incomplete, or that Your registration, account, or use of the Site is in violation of applicable law or this TOU and/or General Terms.
1.4 DATA PRIVACY
1.5 ELECTRONIC COMMUNICATIONS
Company may send emails or other electronic messages to You concerning Your use of the Site and/or purchase made by You through the Site, as detailed in these Terms and Conditions. You consent to receive such electronic communications and You agree that all such electronic communications constitute valid legal notices satisfying any requirement that such notices be in writing.
1.6 LINKS TO THIRD-PARTY SITES AND SERVICES
References or links in the Site to any commercial products or services, or Company’s use or display of any third-party business, firm, corporation, or trade name on the Site, do not constitute endorsement by Company of any such product, service, or entity. Company makes no representation or guarantee whatsoever with respect to third-party products or services.
COMPANY EXPRESSLY DISCLAIMS RESPONSIBILITY AND LIABILITY FOR ANY THIRD-PARTY MATERIALS, PROGRAMS, APPLICATIONS, TOOLS, PRODUCTS, AND SERVICES SET FORTH, DESCRIBED ON, OR ACCESSED THROUGH THE SITE, AND YOU AGREE THAT COMPANY SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF ANY DEALINGS BETWEEN YOU AND A THIRD PARTY.
1.7 THIRD-PARTY TERMS AND CONDITIONS
1.8 PROPRIETARY RIGHTS
All content included as part of the Site, such as text, designs, graphics, logos, photographs and images, as well as the compilation thereof, and any software or other proprietary materials used on or integrated with the Site, are the property of Company or its applicable third-party licensors, and are protected by applicable laws governing intellectual property and proprietary rights. Company reserves all rights in the Site not expressly granted herein.
You agree that You do not acquire any ownership rights in any part of the Site under this Terms and Conditions or through Your use of the Site. Company does not grant You any rights or licenses, express or implied, to any intellectual property hereunder except as specifically authorized by these Terms and Conditions.
From time to time, Company may solicit and/or You may voluntarily communicate, submit, or provide feedback, recommendations, enhancement requests, suggestions, testimonials, endorsements, or ideas for improvement regarding the Site and/or any of Company’s products or services (collectively, “Feedback”). In such event, You grant to Company for the duration of protection of the relevant IP right, an irrevocable, fully transferable, freely sublicensable, royalty-free, worldwide license to make, have made, use, import, offer for sale, sell, reproduce, distribute, modify, adapt, prepare derivative works of, display, perform, and otherwise exploit such Feedback for any purpose in Company’s discretion without restriction. The foregoing license to Feedback shall survive the termination or expiration of this Agreement for any reason.
1.10 NO PROFESSIONAL ADVICE
FThe content and information contained in or made available through the Site are provided for general information purposes only and cannot replace or substitute for the services of qualified professionals in any field, and nothing contained on the Site should be treated or construed as professional medical, psychological, therapeutic, health, or nutrition matters. You acknowledge that You are solely responsible and accountable for your decisions, actions, and results regarding personal health, and agree that Company shall not be held liable for any decisions made by You in reliance or with reference to any content or information that You access on the Site.
You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, successors, and assigns from and against any losses, costs, liabilities, damages, and expenses (including reasonable attorneys’ fees) relating to or arising out of (i) Your violation of this TOU and General Terms, (ii) Your infringement, misappropriation, or violation of any personal or proprietary rights of a third party, or any act of parasitism or unfair competition and (iii) Your violation of applicable laws, rules, or regulations. Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with Company in asserting any available defenses.
The Site is made available free of charge. Access to the Site is permitted on a temporary basis. Company may suspend, withdraw, discontinue or change all or any part of the Site without notice. Company may update the Site and/or change the content on it at any time.
You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms and Conditions and that they comply with them.
COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR ON AN UNINTERRUPTED BASIS. THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY HEREBY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE SITE WILL MEET YOUR EXPECTATIONS, SPECIFICATIONS, OR REQUIREMENTS, OR THAT THE SITE WILL BE FREE OF VIRUSES, MALWARE, OR ERRORS. COMPANY FURTHER EXPRESSLY DISCLAIMS ANY WARRANTY REGARDING THE LOSS OR CORRUPTION OF DATA OR CONTENT UPLOADED TO, STORED BY, OR TRANSMITTED BY THE SITE OR SERVICES.
SECTION 2: TERMS OF SALE
2.1 ORDERING GOODS
You must be at least 18 years old to place an order for Goods via the Site (an "Order").
In order to submit an order for Goods via the Site (“Order”) you must first register an Account and then follow the procedure set out on the Site to submit your Order. You should check all of the information that you enter and correct any errors before submitting your Order, as once your Order is submitted, the Company will begin processing it immediately.
When you place an Order, We will send you an email acknowledging receipt of your Order (“Order Acknowledgement”). On dispatch of your Order, We will send you an email confirming the information you included in your Order and providing a delivery estimate (the "Confirmation Email"). Unless you have cancelled your Order prior to this point or We have notified you that we cannot accept your Order, these Terms of Sale, the General Terms and the Order will become legally binding on You and Us when we send you the Confirmation Email. Each Order shall incorporate the Terms of Sale and General Terms and shall be a new and separate Contract between you and us.
2.2. GOODS, PRICING AND AVAILABILITY
All pricing information on this Site is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary, save that the price payable by you shall be the price quoted on the Site at the time of placing your Order. All pricing information is reviewed and updated regularly.
It is always possible that, despite our best efforts, some of the Goods may be incorrectly priced. We will normally check prices before processing an Order so that, where a Good's correct price at the time of your Order is less than our stated price at that time, we will charge the lower amount.
If we accept or if we process your Order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the Contract and refund you any sums you have paid.
The images of the Goods on the Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the Goods. Your Goods may vary slightly from those images.
The packaging of the Goods may vary from that shown in images on the Site.
Please ensure that you read the description of the Goods on our Site carefully. There may be limitations on how you can use the Goods. You are responsible for reading the description of the Goods on the Site and complying with any limitations and warnings set out on the product page for any Goods you purchase. You acknowledge that:
i. if you fail to adhere to any limitations set out on a product page it may cause the Goods to fail; and
ii. we will not be responsible or liable to you for your failure to comply with any limitations on the use of Goods which we have notified to you on our Site.
Please note that there may be restrictions on delivering Goods to certain areas.
The costs of delivery will be as displayed to you on the Site.
We will provide you with a delivery estimate during the Order process. . If our supply of the Goods is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.
Please note that a signature indicating safe receipt of the Goods may be required on delivery or collection. Delivery shall be deemed to have occurred when the Goods: (i) are delivered to the address specified in your Order; or (ii) if you have chosen to collect the Goods, collected by you.
Risk in the Goods will pass to you on delivery. This means that the Goods will be your responsibility from the time: (i) we deliver the Goods to the address you gave us; or (ii) you collect the Goods. You shall own the Goods once we have received payment in full.
If you do not collect the Goods from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the Contract and Article Error! Reference source not found. will apply.
You have legal rights if we deliver the Goods late. If we miss the delivery deadline for any Goods, then you may treat the Contract as at an end straight away if any of the following apply:
i. we have refused to deliver the Goods;
ii. delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
iii. you told us before we accepted your Order that delivery within the delivery deadline was essential.
If you do not wish to treat the Contract as at an end straight away, or do not have the right to do so under (i) to (iii) you can give us a new deadline for delivery, which must be reasonable, and you can treat the Contract as at an end if we do not meet the new deadline.
If you do choose to treat the Contract as at an end for late delivery under this Article, you can cancel your Order for any of the Goods or reject Goods that have been delivered. If you wish, you can reject or cancel the Order for some of those Goods (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled Goods and their delivery. Reimbursement will occur within 14 days as from the date of cancellation of the Contract. If the Goods have been delivered to you, you must post them back to us. If you have a complaint with service received or a product purchased, please contact your concierge service at +33 1 88 88 46 91 or at email@example.com and we’ll do our best to help. Please contact us using the details set out in Article 3.7 for a return label.
The applicable prices, charges, payment periods, and permitted payment methods will be specified in the Site at the time of order. Except as otherwise expressly indicated on the Site, all listed prices are in euros, inclusive of VAT and are valid only for purchases and deliveries made in France.
You will be charged for your Order when we send you the Order Confirmation. Company may request further information from You to confirm or validate the Order, and/or method of payment, including without limitation the production of additional identification or government issued documentation. Company reserves the right to terminate or suspend access to the Site or any related subscription, Good, or service if You fail to pay any amounts when due. Unless otherwise specified herein, all payment obligations with respect to amounts due to Company in connection with the Site shall survive the expiration or termination of the Terms and Conditions for any reason.
When making an Order, You agree to pay using one of the payment methods indicated in the Order process or any other payment method agreed between you and us (the "Payment Methods") and grant authorization to Company and/or the applicable third party payment-processor to charge Your selected Payment Methods. Company and/or the applicable third-party payment processor shall charge, and You shall be responsible for, all taxes, tariffs, levies, or duties applicable to Your payment, excluding taxes applied against Company’s net income. Unless otherwise expressly indicated at the time of purchase, all transactions listed through the Site are denominated in euros. You are responsible for: (a) the accuracy of all payment method information that You provide to us; and (b) maintaining the confidentiality and security of Your account information, including without limitation with respect to payment methods. You should not disclose Your payment information to anyone. If Your account information or login credentials are lost or stolen, anyone who obtains possession of either could utilize the payment methods associated with Your account. You are responsible for all transactions on Your account, including unauthorized transactions.You confirm that the card or bank account which is being used is yours, or that you have the authorisation of the account holder to use it. If you use a Payment Method which you are not authorised to use, you will be liable to us for any losses that we suffer as a result of your use of that Payment Method.If your payment is not authorised, your Order will not be fulfilled.Company reserves the right to suspend, terminate, cancel, delay, and/or reduce the quantity of any Order in the event that You violate any of the terms of these Terms and Conditions.
All payment information provided by you when placing an Order is handled by a third party online payment processing provider that is compliant with all relevant security standards, including the Payment Card Industry Data Security Standard (PCI DSS).
2.5 CANCELLATION AND REFUNDS
2.5.1 Cancellation/changes to an Order
It is important to us that you are happy with your Order. However, you can change your mind and cancel the Contract between you and us within 14 days of delivery of your Goods without giving a reason. This 14-day right to cancel includes your 14 days statutory right to cancel. Please note that the right to change your mind does not apply to any bespoke Goods you purchase from us (i.e. Goods that we create to your specification or are clearly personalised).
The cancellation period will expire 14 days from the day on which you acquire, or a third party (other than our authorised courier that delivers the Goods) indicated by you in the delivery details of your Order, acquires physical possession of the Goods. You may cancel the Contract in respect of all Goods delivered or in respect of certain of the Goods only. For further specification, you should refer to the withdrawal period calculation in accordance with the provisions of article L. 221-19 of the Consumer Code. Where you order multiple Goods in one Order or the Goods are delivered in separate parts, lots or pieces, the cancellation period will expire 14 days from the day on which you acquire, or a third party (other than our authorised courier that delivers the Goods) indicated by you in the delivery details of your Order, acquires physical possession of the last Goods, part, lot or piece that makes up your Order.
To exercise the right to cancel, you must inform us of your decision to cancel the Contract with us by making a clear statement (e.g. a letter sent by post or email). The easiest way to do this is to contact us using the details in Article 3.7. You may use the following model cancellation form but you are not required to do so:
To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of your right to cancel before the cancellation period has expired. We will send you an acknowledgement of receipt of your notice to cancel by email.
If you cancel the Contract with us, we will reimburse you all payments received from you, including the cost of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us and for any deductions as permitted below.
We will make the reimbursement without undue delay, and not later than:
i. 14 days after the day we receive back from you any Goods supplied;
ii. (if earlier) 14 days after the day you provide evidence that you have returned the Goods; or
iii. if there were no Goods supplied, 14 days after the day on which we are informed about your decision to cancel this Contract.
We may withhold reimbursement until we have received the Goods back or you have supplied evidence of having sent back the Goods, whichever is the earliest.
We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you. You are only liable for any diminished value of the Goods resulting from the unfair and/or unreasonable wear and tear of the Goods other than what is necessary to establish the nature, characteristics and functioning of the Goods. We may make a deduction from any reimbursement (you are entitled to from us) for such loss in value of any Goods we supply.
2.5.2 How to return Goods
If the Goods have been delivered to you, you must post them back to us. If you have a complaint with service received or a product purchased, please contact your concierge service at +33 1 88 88 46 91 or at firstname.lastname@example.org and we’ll do our best to help.
If you wish to exercise your rights to a refund under this Article 2.5, you must return those Goods to the following address:
BAT 1 PARC DE CHANTELOUP -2000 –RD 57
77 550 MOISSY CRAMAYEL
We will pay the costs of return if the Goods are faulty or misdescribed in accordance with Article 2.5.4.
You are responsible for taking reasonable care of the Goods until they are returned to us. We recommend that you keep proof of postage. We will be unable to provide you with a full refund if the Goods are not returned to us or if they are damaged when they arrive.
2.5.3 Refund payments
We will make the reimbursement using the same means of payment as you used for the initial transaction; you will not incur any fees as a result of the reimbursement.
2.5.4 Other refunds
You have legal rights in relation to Goods that are not as described, faulty or otherwise not fit for purpose. If you believe that any Goods that you have ordered do not conform with these Terms of Sale, please contact us to request a replacement or refund.
If, due to unforeseen circumstances, we are unable to fulfil your Order or any of the Goods in a particular Order, we will refund the value of the Goods that we were unable to fulfil and, if the full Order is cancelled, any delivery charges. You may obtain a refund by contacting us (see Article 3.7 below for the contact details).
2.5.5 Statutory warranty
We may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract. In the event that we transfer our rights and obligations pursuant to this Article 2.6 and your rights and obligations materially change under the Contract, we will notify you and you will have the right to cancel this Contract, provided we have not already delivered the Goods to you
You may not assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract without our prior written consent.
2.7 FORCE MAJEURE
Company shall be not be liable for any failure or delay in performing its obligations under the Contract to the extent that such failure or delay is caused by a Force Majeure Event. A “Force Majeure Event” shall have the meaning given by the article 1218 of the French civil Code, this is to say an event preventing the Company to perform its contractual obligations, that is an event beyond the Company’s control, which could not be reasonably foreseen at the time of the contract conclusion and whose effects cannot be avoided by implementation of appropriate measures.
If a Force Majeure Event takes place that affects the performance of Company’s obligations under the Contract:
i. Company shall contact you as soon as reasonably possible to notify you; and
ii. Company’s obligations under the Contract will be suspended and the time for performance of Company’s obligations will be extended for the duration of the Force Majeure Event. Where the Force Majeure Event affects our delivery of Goods to you, we will arrange a new delivery date with you after the Force Majeure Event is over.
Any such delay or failure on our part which is due to a Force Majeure Event shall not affect your obligation to pay for Goods already delivered.
SECTION 3: GENERAL TERMS
IF THE COMPANY FAIL TO COMPLY WITH THE TERMS AND CONDITIONS, THE COMPANY IS RESPONSIBLE FOR DIRECT DAMAGES YOU SUFFER.
WE ONLY SUPPLY GOODS TO YOU FOR DOMESTIC AND PRIVATE USE. YOU AGREE NOT TO USE THE GOODS FOR ANY COMMERCIAL OR BUSINESS PURPOSES. IN NO EVENT SHALL COMPANY BE LIABLE HEREUNDERFOR ANY: (A) LOSS OR INACCURACY OF DATA, LOSS, OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, OR ANY INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, REVENUES, PROFITS AND/OR GOODWILL, EVEN IF SUCH DAMAGES WERE REASONABLY FORSEEABLE OR IF COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) ANY DAMAGES WHICH, IN THE AGGREGATE, EXCEED (I) THE TOTAL AMOUNTS PAID OR PAYABLE BY YOU TO COMPANY IN CONNECTION WITH YOUR ORDER AS SET OUT IN THE RELEVANT CONFIRMATION EMAIL THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE INSUFFICIENCY OR FAILURE OF ANY REMEDY PROVIDED HEREIN.
NOTHING IN THESE TERMS AND CONDITIONS EXCLUDES OR LIMITS A PARTY’S LIABILITY FOR: (I) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE; (II) FRAUD OR FRAUDULENT MISREPRESENTATION; (III) DEFECTIVE PRODUCTS UNDER THE FRENCH CIVIL CODE; AND (IV)ANY MATTER IN RESPECT OF WHICH IT WOULD BE UNLAWFUL FOR US TO EXCLUDE OR RESTRICT ITS LIABILITY.
CERTAIN JURISDICTIONS AND LAWS MAY NOT PERMIT SOME OR ALL OF THE DISCLAIMERS OF LIABILITY SET FORTH IN THIS SECTION. IN THE EVENT THAT SUCH A JURISDICTION OR LAW APPLIES TO THE SUBJECT MATTER OF THIS TOU, THE FOREGOING DISCLAIMERS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
3.2 TERM, TERMINATION, AND SUSPENSION
These Terms and Conditions takes effect (or re-takes effect) at the moment You first access or use the Site. Company reserves the right at any time and on any grounds, including without limitation any reasonable belief of fraudulent or unlawful activity, to deny or suspend Your access to the Site or to any portion thereof in order to protect its name and goodwill, its business, the security and stability of the Site, and/or the rights of others. You may terminate the TOU at any time by ceasing to use the Site, but each re-access or renewed use of the Site will reapply the TOU to You.
If you breach any of these Terms and Conditions, we may immediately do any or all of the following (without limitation):
i. issue a warning to you;
ii. temporarily or permanently withdraw your right to use the Site;
iii. suspend or terminate your Account;
iv. issue legal proceedings against you for reimbursement of all costs resulting from the breach (including, but not limited to, reasonable administrative and legal costs)
v. take further legal action against you; and/or
vi. disclose such information to law enforcement authorities as we reasonably feel is necessary to do so.
In that case, we will refund any money you have paid in advance for Goods we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaching the Contract.
Upon termination or expiration of the Terms and Conditions for any reason, all licenses granted by Company hereunder shall immediately terminate, and You must immediately cease all use of the Site. The provisions of these terms and Conditions concerning Company’s proprietary rights, disclaimers of warranty and liability, limitations of liability, waiver and severability, entire agreement, indemnification rights, injunctive relief, and governing law will survive the termination of these Terms and Conditions for any reason
3.3 ALTERNATIVE DISPUTE RESOLUTION
Pursuant to the applicable provisions of the Consumer Code relating to "Consumer Alternative Dispute Resolution process" L611-1 et seq., we offer consumers an effective access to such alternative dispute resolution program.
The proposed alternative dispute resolution entity is Association des Médiateurs Européens. If we cannot resolve a dispute using our internal complaint handling procedure or if the consumer is not happy with the solution provided by ur internal complaint service and if Consumer's claim is less than one year old, Consumer can address his/her claim to Association des Médiateurs Européens by:
- post at the following address: 11 Pl. Dauphine, 75001 Paris.
- electronically directly at the following address https://www.mediationconso-ame.com/.
In any case, we will:
- let consumers know that it cannot settle the dispute with him/her, and
- give consumers at that time certain information required by law about its alternative dispute resolution (ADR) provider including the contact details of its mediator as provided above.
3.4. GOVERNING LAW AND VENUE
These Terms and Conditions are governed by the laws of France, without reference to its principles of conflict of laws. The Site may not be used or accessed from or in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including without limitation this paragraph.
You may bring any dispute which may arise under these Terms and Conditions to, at your discretion, either the competent court of France, or to the competent court of your country of habitual residence if this country of habitual residence is within the UK or is an EU Member State, which courts are (with the exclusion of any other court) competent to settle any of such a dispute. We shall bring any dispute which may arise under these Terms and Conditions to the competent court of your country of habitual residence if this is in within the UK or is an EU Member State or otherwise the competent court of France.
If you are a consumer and are resident in the UK or the European Union and we direct the Site to (and/or pursue our commercial or professional activities in relation to the Site in) the country in which you are resident, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms and Conditions affects your rights as a consumer to rely on such mandatory provisions of local law.
3.5. INDEPENDENT CONTRACTORS
The relationship between You and Company under these Terms and Conditions is that of independent contractors, and nothing herein or in Your use of the Site shall be construed as creating any joint venture, partnership, employment, or agency relationship.
3.6 SEVERABILITY AND WAIVER
If any part of these Terms and Condition is determined to be invalid or unenforceable pursuant to court order or other operation of applicable law, such provision shall be deemed severed from these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect to the maximum extent permitted under applicable law.
Failure to insist on strict performance of any of these Terms and Conditions will not operate as a waiver of any subsequent default or failure of performance. No waiver by Company of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
3.7 CONTACT US
If You have any questions, complaints or comments regarding these Terms and Conditions, please contact Company at +33 1 88 88 46 91 or at email@example.com.
Terms and Conditions last updated 18 May 2022