TERMS & CONDITIONS OF USE
Last update : 18/05/2022
TERMS & CONDITIONS OF USE
Last update : 18/05/2022
1. PURPOSE AND SCOPE OF APPLICATION
1.1 POILÂNE, a simplified joint stock company with a share capital of €1,605,344.00, domiciled at 8 rue du cherche-midi, Paris (75006), registered in the Paris Trade and Companies Register under number 324 445 030 (" POILÂNE ", " we ", " us" , " our ") is the publisher of the POILÂNE website accessible at (the " Site "), on which users, who are consumers in this case, can visit in order to discover the products offered and sold by POILÂNE (the " Products "), make online purchases and contact us (the " Services ").
1.2 We have drafted these Terms and Conditions of Use (hereinafter the " Terms and Conditions " or the " T&Cs" ) so that you are aware of the rules and operation of the Site. These Terms and Conditions constitute a legally binding contract between you (" the User ", " you ", " your" or " yours ") and POILÂNE. Please read them carefully.
1.3 By using the Site you accept the T&Cs without reservation. You are bound to refer to the version of the T&Cs available online at the time of your access and use of the Services.
2. ACCESS TO THE SITE AND DESCRIPTION OF SERVICES
2.1 Access to the Site
To access and use the Services provided by the Site , you confirm that :
· you have the capacity to engage with POILÂNE;
· you are 18 years old or older. If you are under 18 years old, you confirm that you have the prior authorisation of the person with parental authority to use the Site. This authorisation may be requested by our services;
· you agree to comply with these Terms and Conditions and all applicable local, national and international laws, rules and regulations.
2.2 Service Descriptions
The Site is an e-commerce site that allows the User to discover and purchase the Products offered by POILÂNE and also allows the User to create a User Account that allows him/her to manage his/her orders and his/her relationship with POILÂNE (the "User Account") but also to contact us.
3. CONDITIONS OF ACCESS AND USE OF THE SITE
3.1 Access to Services
You may freely access and use the Site without being required to create a User Account or log in. Please note, however, that some sections of the Site are only accessible by creating a User Account.
You are responsible for the purchase of an internet subscription and other charges associated with your use of our Site.
3.2 Creation and access to the User Account
To access and use certain sections of the Site you will need to create a User Account. This User Account is personal and password protected.
The creation of a User Account also implies the choice of a password. It is recommended to use a strong password (containing at least 8 characters including numbers, capital letters and special characters).
Any loss, misappropriation or unauthorized use of a User's identifiers and their consequences are the sole responsibility of that User. In all the cases mentioned above, the User is required to inform POILÂNE, without delay, by e-mail, specifying his identifiers, name, first names at the following address: firstname.lastname@example.org, so that POILÂNE can proceed to the reinitialization of the User's Account.
3.3 Rights granted to Users
POILÂNE grants the User a personal, non-transferable, non-exclusive, revocable and non-sublicensable licence to access and use the Site. The sole purpose of this licence is to allow you to use the Site in a manner consistent with these Terms and Conditions.
Any action going beyond these rights of access and use and in particular any reproduction, making available to third parties, or illegal downloading constitutes an act of infringement. The User undertakes not to use or implement a robot or any other automated means to access the Site and/or the content, and more generally not to attempt to undermine the operation of the Site.
Except as expressly permitted by law, the User shall not, nor shall the User permit others to, modify, adapt, translate, reverse engineer, decompile or disassemble the Site or any of its components or create derivative works.
We inform you that you can delete your User Account at any time by e-mail by specifying your login details, name and surname at the following address email@example.com, so that POILÂNE can proceed with the reinitialization of the User Account.
3.4 Obligations of Users
The User is solely responsible for entering his data, and POILÂNE can in no way be held responsible for erroneous information. In the event that the User provides false, inaccurate, outdated, incomplete, misleading or deceptive information, POILÂNE may, immediately and without notice or compensation, suspend or terminate the User's Account and refuse access, temporarily or permanently, to all or part of the Services provided by the Site.
POILÂNE supports and defends the values of tolerance, diversity and respect for others.
The User thus undertakes to respect these values when using the Site. In particular :
· not to make any discriminatory, racist, xenophobic, anti-Semitic, insulting, malicious, obscene, illicit or other violent or pornographic remarks, nor to publish any content contrary to public order or morality in any way whatsoever while browsing and using the Site;
· not to disseminate any content that may be harmful, defamatory, unauthorised, malicious or invasive of privacy or publicity rights, inciting violence, racial or ethnic hatred or which may be described as gross indecency or incitement to commit certain crimes or offences;
· not impersonate any person or entity or misrepresent your affiliation with another person or entity;
· not to use the Site for political, propaganda or proselytizing purposes;
· not to infringe POILÂNE's intellectual property rights on the Site and its elements;
· not to spam, intimidate, solicit or otherwise divert the Site from its intended purpose;
· not to carry out illegal activities, by disseminating content (photographs, images, texts, videos) representing minors in any way whatsoever;
· to notify POILÂNE of any inappropriate content.
You remain solely responsible for your use of the Site and for any User Content you create, submit or store through the Site. POILÂNE cannot be held responsible for any loss or damage resulting from the use of the Site by the User, or any third party (authorized or not).
4. OBLIGATIONS OF POILÂNE
4.1 POILÂNE undertakes to use its best efforts to ensure permanent access to the Site and its Services as well as its operation.
However, POILÂNE cannot be held responsible for the unavailability of the Site or a Service in case of events such as :
· the maintenance of the Site, including when the maintenance work is carried out by third parties;
· the occurrence of an unforeseeable, insurmountable and external event (force majeure);
· Internet and mobile network failure.
The User is furthermore informed of the risks inherent in the use of the Internet, in particular in terms of lack of security in the transmission of data and of non-guaranteed continuity of access to the Site and its content. Under no circumstances can POILÂNE be held responsible for these risks and their consequences, regardless of their extent, for the User.
It is the responsibility of each User to take all appropriate measures to protect their own data, software and hardware from contamination by viruses or other forms of attack that may be circulating on the Site.
4.2 POILÂNE reserves the right, at any time, to modify all or part of the Site and its functionalities, to modify or propose new content and Services. In particular, POILÂNE may update the content according to the evolution of legal provisions or good practices in force.
Any new functionality will be subject to these Terms and Conditions.
POILÂNE informs the User, who accepts it, that it subcontracts the hosting of the Site to the company PLATFORM SH whose servers are located in France.
In the event that a security breach detected by POILÂNE is likely to seriously compromise the security of the Site, POILÂNE may, without prior notice, temporarily interrupt access to the Site in order to remedy the security breach as soon as possible. In this case, the User will not be entitled to claim any compensation or to hold POILÂNE liable for any reason whatsoever.
5. INTELLECTUAL PROPERTY
5.1 Intellectual property of POILÂNE
All intellectual property rights relating to the Site and its content (texts, images, videos, databases, sounds, photographs, trade names, logos, trademarks, etc.) but excluding User Content, are and remain the property of POILÂNE and/or its subsidiaries, or are subject to licences and/or authorisations granted to us by third parties. The User undertakes to respect the intellectual property rights of POILÂNE and the rights of third parties.
The User is only authorized to use the Site and its contents in accordance with the Terms and Conditions. With the exception of the User Content, the User may not reproduce, make available to the public, perform, publish or modify any part of the Site and its content without the prior written consent of POILÂNE.
5.2 Third party rights
You are reminded that you must obtain all necessary permissions and rights from all relevant rights holders in respect of any User Content that you wish to publish via the Site, including all intellectual property rights, and rights of publicity (including the image rights), to enable you to use such content in peace.
5.3 User Content(s)
We may make available on the Site a space intended to host user content, in particular their opinion, but also any text or content that the User publishes in the dedicated space (the " User Content(s) ").
By posting User Content on the Site, you hereby grant us a free, irrevocable, non-exclusive, worldwide license for the full term of literary and artistic and/or industrial property rights, and in particular copyright as defined by French and foreign laws and international conventions (including any subsequent supplementary or amending regulations), to reproduce, represent, use, copy, modify, adapt, translate, create derivative works from, integrate into other works, and distribute this User Content (in whole or in part).
This use is authorised for all internal or external, corporate or financial communication, advertising, public relations, historical or archival purposes, of POILÂNE or its subsidiaries, its Products and/or its brands, and in particular on the following media
· press ;
· electronic, computer, digital, multimedia, Internet and Intranet publishing, all sites (whatever the site and/or medium, including so-called "social networking" sites such as Facebook and Instagram) unlimited number of insertions and dissemination ;
· on any other advertising medium (in particular by means of advertising at the point of sale and on POILÂNE's products).
This authorisation gives us the possibility to adapt your User Content and/or to add to the initial fixation any precision that we deem useful as long as the said User Content does not alter your image or your words.
In addition, the use of User Content may be accompanied by certain de-personalised information such as your city, country or age, and/or, where applicable if you have expressly authorised it to do so, information allowing you to be identified such as your first name, or your nickname.
We will seek your permission before using and publishing your User Content on our Site. We will consider that we have your permission if you voluntarily post a review of one of our Products on the Site.
Furthermore, if you access User Content created by another User, you must respect the rights of that User and, in particular, ensure that you do not reproduce and disseminate the User Content published on other media without the prior consent of the User concerned.
6. LINKS TO THIRD PARTY SITES
6.1 The Site may contain links to other sites, applications and data of third parties, which links are provided for information purposes only, and POILÂNE has no control over the content or data of these sites.
Insofar as POILÂNE cannot control these external sites and sources, it cannot be held responsible for the availability of these external sites and sources, and cannot be held responsible for the content, advertising, products, services or any other material available on or from these external sites or sources.
6.2 Furthermore, POILÂNE shall not be held responsible for any damage or loss, proven or alleged, resulting from the use of or having trusted the content, goods or services available on these external sites or sources.
7.1 General liability
POILÂNE strives to keep the Site up and running without interruption or suspension. However, we cannot promise that the Site will continue to operate without any problems.
The User also acknowledges that the Site is provided "as is" and "as available" without warranty of any kind. In addition, while POILÂNE strives to provide a good User experience, we cannot represent or warrant that: (a) the Site will always be secure or free of errors or corruption; (b) the Site will always operate without delay, disruption or defect.
7.2 Exclusion of liability
To the extent permitted by applicable law, the User expressly acknowledges that POILÂNE cannot be held liable in any way for :
· suspension of access to the Site for maintenance purposes;
· reduced performance or temporary or permanent unavailability of the Site;
· interruption of the Site ;
· the occurrence of anomalies ;
· inaccuracies or omissions in the information available on the Site;
· damage resulting from fraudulent intrusion by a third party leading to a modification of the information made available on the Site;
· the occurrence of any damage resulting from a fault, misuse of the Site or negligence on the part of the User;
· and more generally for the impossibility of accessing the Site, malfunctions of the Internet network, anomalies, viruses or the credit given to any information coming directly or indirectly from the Site.
POILÂNE SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL DAMAGES SUCH AS LOSS OF PROFITS OR REVENUE, OR ANY LOSS OF DATA, USE, GOODWILL OR OTHER INTANGIBLE LOSSES. IN THE EVENT OF A BREACH OF THESE TERMS AND CONDITIONS, POILÂNE'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SITE SHALL BE LIMITED TO 1,000 EUROS.
POILÂNE'S LIABILITY SHALL NOT BE LIMITED TO DEATH, PERSONAL INJURY RESULTING FROM THEIR OWN ACT OR NEGLIGENCE; FRAUD OR FRAUDULENT MISREPRESENTATION; OR ANY OTHER LIABILITY TO THE EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED BY LAW.
IF THE LAW OF THE COUNTRY IN WHICH YOU RESIDE DOES NOT PERMIT THE EXCLUSIONS OF LIABILITY SET OUT IN THIS CLAUSE, THESE EXCLUSIONS DO NOT APPLY.
8. APPLICABLE LAW AND JURISDICTION
8.1 The present T&Cs, their formation, interpretation, execution, termination or expiration are governed by French law.
8.2 IN THE EVENT OF A DISPUTE, PLEASE CONTACT POILÂNE'S CUSTOMER SERVICE DEPARTMENT BY E-MAIL AT: firstname.lastname@example.org. ANY DISPUTE BETWEEN POILÂNE AND THE USER ARISING FROM THE INTERPRETATION, EXECUTION OR TERMINATION OF THESE T&Cs WHICH CANNOT BE RESOLVED AMICABLY WILL BE SETTLED BY THE COMPETENT COURTS WITHIN THE JURISDICTION OF THE COURT OF APPEAL OF PARIS, NOTWITHSTANDING ANY CLAIM OR INCIDENTAL WARRANTY, OR IN THE EVENT OF MULTIPLE DEFENDANTS.
9.1 These Terms and Conditions of Use constitute the entire agreement between the parties and supersede all other documents exchanged or agreements, written or verbal, previously concluded between the parties.
9.2 If POILÂNE does not take advantage of or does not apply any of the provisions of the T&Cs, this cannot be interpreted by the User as a waiver of these provisions.
9.3 We reserve all rights not expressly granted to you.
9.4 You may not transfer any of your rights or obligations under these T&Cs without our consent.
9.5 The present T&Cs may be modified by POILÂNE in order to take into account, in particular, regulatory changes, improvements to the Site, and changes in the situation. The User is invited to consult this page regularly.