Article 1 – INFORMATION
The Company TALM (hereinafter "the Company") is a simplified joint stock company registered in the Paris Trade and Companies Register under the number 883 366 411 and whose head office is located 11 bis rue Eugene Jumin in Paris 75019.
Its individual VAT identification number is [FR75883366411] and its contact email address is [firstname.lastname@example.org].
The Company is a company specialized in the field of cosmetics related to the care for pregnant women. It manufactures and markets various products and skin care products made according to an extremely rigorous charter and with only ingredients compatible with pregnancy and breastfeeding. It also manufactures various care, beauty and hygiene accessories.
The site is hosted by OVH whose head office is located at 2 rue Kellermann 59100 Roubaix.
LThe director of publication is Mrs Kenza Keller.
Article 2 – OBJECT
The User is required to take note of any changes to these terms and conditions at each visit. Indeed, the Company reserves the right to modify the present GTU at any time without prior notice, in particular in order to comply with any changes in regulations. The GTUs linked from the Platform prevail over any previous version printed, sent or online.
Any order placed on the Site requires the consultation and acceptance of these GTC.
The User may use the Platform and its services subject to the prior acceptance of these GTU.
Article 2 – OPPOSABILITY OF THE GTUs
The User may use the Platform and its services subject to the prior acceptance of these GTU.
Acceptance of these GCU is formalized by a box to be checked when the User registers "I have read and I accept the general conditions of use of the website". This checkbox constitutes proof that the User has read the said provisions and is deemed to have accepted them.
By accepting the General Conditions of Use, the User declares :
- that he/she is aware of the conditions under which the Platform operates;
- have all the technical skills necessary to access and use the Platform in optimal conditions;
- to have ensured that the necessary technical prerequisites are met.
The present GCU are opposable to the User as soon as they accept them at the time of their first connection to the Platform.
The present GTU are opposable during all the duration of use of the Site and until new general conditions of use replace the present ones.
The User may at any time renounce to use the Platform and the associated services but remains responsible for any previous use.
Article 4 – MATERIAL COMPATIBILITY
Before using the Platform, Users are invited to check the compatibility of their hardware with the Platform as well as their quality.
The Platform is available on the Internet at the following address [http://www.talm.co]
Article 5 – CONDITIONS OF ACCESS TO THE PLATFORM
Access to the Platform and its services is free and available 24 hours a day, 7 days a week. It is accessible to any Internet user wishing to obtain information on the products manufactured by the Company and possibly make purchases.
The services are offered in French and may, at the User's option, be offered in English.
Article 6 – CREATION OF ACCOUNTS
In order to benefit from the services available on the Site, and in particular to purchase Products, Users have the possibility of registering and creating an account on the Site. They will then have the status of Member. Users who do not wish to create an account may nevertheless purchase Products through a guest account.
Registration is only authorized to natural persons of legal age who have the capacity to perform legal acts.
Any User who registers on the Site as a Member undertakes to provide accurate, complete and up-to-date information and any other data (in particular personal data) that may be necessary to finalize and maintain registration on the Platform, in particular a surname, first name, date of birth, a valid e-mail address and any additional information required to become a Member.
CEach Member also undertakes to update his or her account and to make any changes concerning his or her information without delay. Each Member shall be solely responsible for the consequences of providing false, invalid or erroneous information to the Company.
To register, the Member shall choose an e-mail address as a login and a password. The Member agrees not to register under a user name that infringes on the rights of a third party. In particular, the Member shall not use a user name that infringes on the copyrights, trademarks, company names or brands of a third party.
The Member's username and password are strictly personal and the Member undertakes to maintain their confidentialitý. The registered Member is the only one authorized to use the Platform through his account and undertakes not to allow any other person access under his identitý or his login.
The use of a Member's account via his or her login associated with his or her password, presumes access and use of the Platform by said Member. In the event that the Member becomes aware of access by a third party to its account, the Member undertakes to inform the Company without delay by e-mail to [email@example.com].
Each Member is required to take all useful measures to ensure the confidentialitý of its password, access restrictions to its computer and other equipment. Each Member agrees to be responsible for all activities that have beeń conducted from his or her account.
Each Member agrees to create and use only one account. Any deviation from this rule will require an explicit request from the Member and an express and specific authorization from the Company.
Creating or using new accounts under one's own identitý or that of third parties without having requested́ and obtained the Company's authorization may result in the immediate suspension of the Member's accounts.
The Company reserves the right to refuse the creation of an account or to close an account if the Member is found to be in violation of applicable laws, the Company's General Terms and Conditions.
Article 7 – ORDERING PRODUCTS
When a User wishes to purchase a Product, he/she must click on the "Buy" icon on the Product presentation page. The Product will then be placed in the User's digital basket. This basket is valid for a period of 15 minutes.
When the User wishes to validate his order, he will be invited to identify himself. If the User does not have a Member account, he/she can order with a guest account.
After validation of the content of the order by the User, it will be definitively validated by the payment made by the User through the payment provider on the Site.
In case of unavailable Products, the order will be automatically cancelled and the corresponding amounts refunded to the User.
Article 7 – USER'S OBLIGATIONS
The Users commit themselves :
- - not to commit any act of counterfeiting;
- - not to reproduce, download, represent, modify, all or part of the Platform;
- not to disrupt the proper functioning of the Platform, and in particular not to introduce viruses or any other technology harmful to the Platform or the associated services;
- to use the Platform in a fair manner, in compliance with these general terms and conditions and with applicable laws and regulations, in particular laws relating to intellectual and industrial property, information technology and personal data protection;
- not to post, share or store any content that is illegal or contravenes the law of 29 July 1881 on freedom of the press, or that contains pornography, child pornography or violent content, without this list being exhaustive, or any other content that is inappropriate or of a private nature or that does not relate to the purpose of the Site;
- not to create or use other accounts than the one initially created, either under their own identity or that of a third party, except with prior written authorization from the Company. Failure to do so will result in the suspension of their respective accounts and all associated services.
Article 8 – REPORTING ILLEGAL CONTENT ILLICITE
The Company allows the User to notify it of illegal content published on the Platform, at the following e-mail address [firstname.lastname@example.org]
This notification may be made by any User who identifies inappropriate or illicit content. The notification is made under the sole and unique responsibility of the User.
Once the contentious content has been duly communicated to the Company, it will remove it if it appears to be manifestly illicit.
Article 9 – INTELLECTUAL PROPERTY
The content of the Platform, the general structure as well as the software, texts, animated or non-animated images, photographs, know-how and all other elements composing the Platform are the exclusive property of the Company or of third parties who have granted it a license.
The User is prohibited from modifying, copying, reproducing, downloading, broadcasting, transmitting, commercially exploiting and/or distributing in any way whatsoever the services, the pages of the Platform, or the computer codes of the elements making up the services and the Platform.
Any reproduction and/or representation, in whole or in part, of any of these rights, without the express authorization of the Company, is prohibited and would constitute an infringement likely to engage the civil and criminal liability of the infringer.
Consequently, the User shall refrain from any action and any act likely to infringe directly or indirectly the intellectual property rights of the Company.
The same applies to the databases appearing, if any, on the Platform which are protected by the articles of the Intellectual Property Code.
The distinctive signs of the Company and its partners, such as domain names, trademarks, names and logos appearing on the Platform are protected by the Intellectual Property Code. Any total or partial reproduction of these distinctive signs made from the elements of the Platform without the express authorization of the Company is therefore prohibited, within the meaning of the Intellectual Property Code.
Only a use in accordance with the purpose of this Platform is authorized.
Any other use, not expressly authorized in writing and in advance by the Company is prohibited and constitutes an infringement.
Article 10 – LIABILITY OF THE COMPANY
The Company shall not be held liable :
- due to the quality of the service, the service being offered "as is";
- due to the modification, deletion or interruption of the services or access to the Platform;
- the disruption of the use of the Platform;
- the impossibility of using the Platform;
- computer security breaches, which may cause damage to the User's computer equipment and data;
- due to the impossibility of accessing the Platform, linked to the destruction of equipment, attacks or hacking, to the deprivation, deletion or prohibition, temporary or permanent, and for any reason whatsoever, including the breakdowns or unavailability inherent in the hosting servers, of access to the Internet network;
- within the limits of the legislation in force, by any indirect damage and this including in particular the losses of profit, data or any other loss of intangible goods, because of the use of the Platform or on the contrary of the impossibility of its use;
- malfunction, unavailability of access, misuse, poor configuration of the User's computer or mobile devices, or the use of a browser or operating system little used by the User.
Article 10 – GIFT CARDS
A User can acquire gift cards on the Site. The Company's gift cards are valid for all Products offered for sale on the Platform but only on the Platform, and cannot be used on any other site.
Only the Company's gift cards are accepted on the Site. The gift cards are valid, until the expiration date of the gift card, on any order of Products to pay the price of the Products and the associated delivery charges.
If the value of the order is greater than the amount of the gift card, the difference must be paid by the User with one of the other payment methods offered on the Site.
A gift card cannot be used for an order alreadỳ validated.
Any gift card has an expiration date specified on it.
Any gift card can neither be exchanged nor refunded.
Article 11 - TOLERANCE
Users agree that the fact that the Company tolerates a situation does not have the effect of granting acquired rights.
Moreover, such tolerance cannot be interpreted as a waiver of the rights in question.
Article 12 - NULLITY
Article 15 - APPLICABLE LAW AND JURISDICTION
The present general conditions of use of the site are governed by French law, subjected to French law even if the customer is a European or non-European citizen.
This is the case for the substantive rules and the rules of form, notwithstanding the places of execution of the substantial or accessory obligations.
In case of dispute, the Parties agree that the competent court will be the Paris Court of Justice.