Terms of service
Article 1 – INFORMATIONS
La Société TALM (ci-après « la Société ») est une société par action simplifiée enregistrée au Registre du Commerce et des Sociétés de Paris sous le numéro 883 366 411 et dont le siège social est situé 11 bis rue Eugene Jumin à 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 of pregnant women. It manufactures and markets various products and skin care 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.
The director of publication is Mrs. Kenza Keller.
Article 2 - SUBJECT
Les présentes Conditions Générales d’Utilisation (« CGU ») ont pour objet de définir les conditions d’accès et d’utilisation dans lesquelles la Société permet à ses clients (les « Utilisateurs ») d’acheter ses Produits : vente du Produit, livraison du Produit et retour du Produit sur son site internet X (ci-après le « Site » ou la « Plateforme »).
It is required at each visit to take note of any changes in the latter. 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 GTU.
Article 3 - OPPOSABILITY OF THE GTU
The User may use the Platform and its services subject to the prior acceptance of these GTU.
L’acceptation des présentes CGU est formalisée par une case à cocher lors de l’inscription de l’Utilisateur « j’ai lu et j’accepte les conditions générales d’utilisation du site internet ». Cette case à cocher constitue la preuve que l’Utilisateur a pris connaissance desdites dispositions et vaut acceptation des présentes.
L’Utilisateur en acceptant les Conditions Générales d’Utilisation, déclare :
- have read the conditions under which the Platform operates;
- have all the technical skills necessary to access and use the Platform in optimal conditions;
- ensure that the necessary technical requirements are met.
The present GTU are opposable to the User as soon as they are accepted during their first connection to the Platform.
The present GTU are opposable during all the time of use of the Site and until new general conditions of use replace the present ones.
The User may at any time discontinue use of the Platform and associated services but remains liable for any prior use.
Article 4 - MATERIAL COMPATIBILITY
Before using the Platform, Users are invited to check the compatibility of their equipment with the Platform and their quality.
La Plateforme est disponible sur Internet à l’adresse suivante : [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 to make purchases.
The services are offered in French and may, at the User's option, be offered in English.
Article 6 - CREATION OF ACCOUNTS
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 permitted for natural persons who have reached the age of majority and 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.
Each 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 that may result from the provision of 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 keep them confidentiaĺ. 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 shall constitute access to 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 immediately by e-mail at [email@example.com].
Each Member is responsible for taking all reasonable steps to ensure the confidentialitý of his or her password, computer access restrictions 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 departure from this rule must be explicitly requested by the Member and expressly authorized by 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 to create an account or to close an account if the Member is found to be in violation of applicable laws, the Company's Terms and Conditions.
Article 7 – COMMANDE DE PRODUITS
Lorsqu’un Utilisateur souhaite procéder à l’achat d’un Produit, il doit cliquer sur l’icône « Acheter » présente sur la page de présentation du Produit. Le Produit sera alors placé dans le panier numérique de l’Utilisateur. Ce panier est valable pour une durée de 15 min.
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
Users agree to:
- 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 the present general conditions, the applicable laws and regulations, in particular the 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 elements of pornography, child pornography or violence, without this list being exhaustive, or 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
La Société permet à l’Utilisateur de lui notifier les contenus illicites publiés sur la Plateforme, à l’adresse de courrier électronique suivante : [firstname.lastname@example.org]
This notification can be made by any User who identifies inappropriate or illegal content. The notification is made under the sole and exclusive responsibility of the User.
Once the litigious content is 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 and 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 present General Conditions of Use do not imply any transfer of any kind of intellectual property right on the elements belonging to the Company or its rightful owners such as sounds, photographs, images, literary texts, artistic works, software, brands, graphic charters, logos for the benefit of the user and the administrator.
In particular, 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 comprising the services and the Platform.
Any reproduction and/or representation, total or partial of one of these rights, without the express authorization of the Company is prohibited and would constitute an infringement likely to engage the civil and penal 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 any databases appearing 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 use in accordance with the purpose of this Platform is permitted.
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:
- du fait de la qualité du service, le service étant proposé « en l’état » ;
- du fait de la modification, suppression ou interruption des services ou de l’accès à la Plateforme ;
- de la perturbation de l’utilisation de la Plateforme ;
- the impossibility of using the Platform;
- des atteintes à la sécurité informatique, pouvant causer des dommages aux matériels informatiques de l’Utilisateur et à ses données ;
- due to the impossibility of accessing the Platform, linked to the destruction of equipment, computer attacks or hacking, 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;
- dans les limites de la législation en vigueur, par tout dommage indirect et ce y compris notamment les pertes de profit, de données ou tout autre perte de biens incorporels, du fait de l’utilisation de la Plateforme ou au contraire de l’impossibilité de son utilisation ;
- a malfunction, unavailability of access, misuse, poor configuration of the computer or mobile devices of the User, or the use of a browser or operating system little used by the User.
Article 10 - GIFT CARD
A User may acquire gift cards on the Site. The Company's gift cards are valid on 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 higher 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 alreadỳ validated order.
Every gift card has an expiration date specified on it.
All gift cards cannot be exchanged or refunded.
Article 11 - TOLERANCE
Users agree that the Company's tolerance of a situation does not constitute a vested right.
Moreover, such tolerance cannot be construed as a waiver of the rights at issue.
Article 12 - NULLITY
Article 15 - APPLICABLE LAW AND JURISDICTION
The present general conditions of use of the site are governed by French law.
This applies to both substantive and formal rules, notwithstanding the place of performance of the substantive or accessory obligations.
In the event of a dispute, the Parties agree that in the event of a dispute the competent court will be the Paris Court of Justice.