TERMS AND CONDITIONS OF USE

Definitions

In the following we will refer to :

  • "Site" means or "Service" means the site www.simonetgustave.fr and all its pages.
  • "Publisher SAS Simone & Gustave, the legal entity responsible for the publication and content of the Site.
  • "User the Internet user visiting and using the Site's services.

These General Terms and Conditions of Use (hereinafter the "GTCU") are offered by the Site Publisher. The User of the Site is invited to read these GTC carefully, to print them and/or to save them on a durable medium. The User acknowledges that he/she has read the GTUs and accepts them in full and without reservation.

Article 1 - Application of the GCU

The purpose of these TOU is to define the terms and conditions under which Users may access the Site. The Publisher reserves the right to modify the TOS at any time by publishing a new version on the Site. The TOS applicable to the User are those in force on the date 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 that he/she has fully understood them.

This acceptance may consist, for example, for the User, in ticking the box corresponding to the sentence of acceptance of the present GTC, having for example the mention " I acknowledge that I have read and accepted all the general conditions of the Site┬╗. Checking this box will be deemed to have the same value as a handwritten signature by the User.

The User acknowledges the value of the automatic recording systems of the Site Editor as proof and, unless he/she can prove otherwise, waives the right to contest them in the event of a dispute.

Acceptance of these GTUs assumes that the User has the legal capacity to do so. If the User is a minor or does not have the legal capacity to do so, he/she declares that he/she has the authorisation of a guardian, curator or legal representative.

The Publisher provides the Customer with a privacy policy on its Website specifying all information relating to the use of the Customer's personal data collected by the Publisher and the Customer's rights in relation to such personal data. The Privacy Policy forms part of the TOS. Acceptance of these TOU therefore implies acceptance of the Data Privacy Policy.

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

This Site is published by SAS Simone & Gustave. The legal information concerning the host and publisher of the Site, in particular the contact details and any capital and registration information, is provided in the legal notice of this Site.

Information on the collection and processing of personal data (policy and declaration) is provided in the personal data policy of the Site.

The purpose of this Site is determined as "Online Sales Site".

Article 3 - Access and availability of the Site

The Publisher makes every effort to ensure that the Site is accessible at all times, subject to maintenance of the Site or the servers on which it is hosted. If access to the Site is not possible due to technical problems or any other reason, the User shall not be entitled to claim any damages or compensation.

The Site Editor is only bound by an obligation of means; he cannot be held responsible for any damage resulting from the use of the Internet network such as loss of data, intrusion, virus, break in service, or others.

The User expressly admits using the Site at his/her own risk and under his/her exclusive responsibility.

The Site provides the User with information on an indicative basis, with imperfections, errors, omissions, inaccuracies and other ambivalences that may exist. In any case, SAS Simone & Gustave can in no way be held responsible:

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

Article 4 - Hyperlinks

The Site may include hypertext links to other sites.

The User therefore acknowledges that the Publisher shall not be liable for any damage or loss, whether actual or alleged, arising out of or in connection with the use of or reliance on any content, advertising, products or services available on such external sites or sources. Likewise, the Editor of this Site shall not be held liable if the User's visit to one of these sites causes him/her harm.

If, despite the Publisher's efforts, any of the hyperlinks on the Site point to a website or Internet source whose content does not comply with the requirements of French law, or appears not to do so, 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/her of the address of the pages of the third party site in question.

Article 5 - Cookies

A "Cookie" may allow the identification of the User of the Site, the personalisation of his consultation of the Site and the acceleration of the display of the Site thanks to the recording of a data file on his computer. The Site is likely to use "Cookies" mainly to 1) obtain navigation statistics in order to improve the User's experience, and 2) allow access to a member's account and to content that is not accessible without logging in.

The User acknowledges that he/she is aware of this practice and authorises the Site Editor to use it. The Site Editor undertakes never to communicate the content of these "Cookies" to third parties, except in the event of a legal request.

The User may refuse the recording of "Cookies" or configure his browser to be warned before accepting "Cookies". To do this, the User must set the parameters of his browser.

Article 6 - Intellectual property rights

All materials on this Site are owned by the Publisher or a third party agent, or are used by the Publisher on the Site with the permission of the owner.

Any representation, reproduction or adaptation of the logos, textual, pictographic or video content, without this list being limitative, is strictly prohibited and is considered as counterfeiting.

Any User who is guilty of infringement may have his access to the site removed without notice or compensation and without this exclusion constituting damage to him, without prejudice to any subsequent legal proceedings against him, at the initiative of the Site Editor or his agent.

The trademarks and logos contained in the Site may be registered by SAS Simone & Gustave, or possibly by one of its partners. Any person proceeding to their representation, reproduction, imbrication, distribution and rebroadcasting incurs the penalties provided for in articles L.713-2 and following of the Intellectual Property Code.

Article 7 - Liability

The Publisher is not responsible for the User's publications, their content or their accuracy. The Publisher shall not be 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. The Site is in principle accessible at all times, except during technical maintenance and updating of the content. The Publisher shall not be liable for any damages resulting from the unavailability of the Site or parts thereof.

The Site Editor cannot be held responsible 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 cannot be held responsible for the non-operation, impossibility of access or malfunctions of the Site attributable to unsuitable equipment, incorrect configuration or use of the User's computer, malfunctions of the services of the User's access provider, or those of the Internet network.

Article 8 - Notifications and complaints

Any notification or notice concerning these GTU, the legal notice or the personal data charter must be made in writing and sent by registered or certified mail, or by e-mail to the address indicated in the legal notice of the Site, specifying the contact details, name and first name of the notifier, as well as the subject of the notice.

Any claim related to the use of the Site, the Services, the Site's pages on any social networks, or the TOS, the Legal Notice, or the Privacy Policy must be filed within 365 days of the date the claim arose, regardless of any statute or law to the contrary. If such claim is not filed within 365 days, such claim will be forever barred in court.

It is possible that the Website and the Services offered may contain inaccuracies or errors, or information that is not in accordance with the GTC, the legal notice or the personal data charter. Furthermore, it is possible that unauthorised modifications are made by third parties on the Website or on 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 legal notice of the Site, if possible with a description of the error and the location (URL), as well as sufficient information to contact him.

Article 9 - Independence of clauses

If any provision of the TOU is held to be unlawful, void or for any other 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 GTC replace all previous or contemporary written or oral agreements. They are not assignable, transferable or sub-licensable by the User himself.

A printed version of the TOU and 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 10 - Applicable law

These GTC 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 TOU may be submitted to the Site Editor for amicable resolution prior to any legal action.

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

Unless otherwise provided by public policy, any legal action relating to the execution of these GCU shall be subject to the jurisdiction of the courts of the place of residence of the defendant.

All rights reserved - 20 July 2021