LEGAL NOTICES AND GENERAL CONDITIONS OF USE OF THE GUINOT WEBSITE
APPLICABLE AS OF 29 MARCH 2023 PREREQUIS
GUINOT SAS welcomes you to its https://www.guinot.com site. The user confirms that he has read, understood and accepted all legal notices and general conditions of use (hereinafter "General Conditions of Use" or "TOU") before any use of the site and agrees to respect them. For minor users, their parents or guardians are deemed to have accepted these terms and conditions of use on their behalf.
This website, accessible from the address https://www.guinot.com (hereinafter the "Site") is published by GUINOT SAS, a simplified joint-stock company with a capital of €10,200,000, whose registered office is located at 120, avenue Charles de Gaulle, 92200 NEUILLY-SUR-SEINE, registered with the NANTERRE Trade and Companies Register under number 632 041 877 (hereinafter “GUINOT”). The Director of Publication of the Site is Jean-Daniel Mondin, in his capacity as PRESIDENT. The Site was designed and produced by GUINOT. The website is the exclusive property of GUINOT The Site is hosted by OVH SAS, a company whose registered office is located at 2, rue Kellermann - 59100 Roubaix - France, registered with the Lille Métropole Trade and Companies Register under number 424 761 419.
2. GENERAL INFORMATION - SITE PRESENTATION AND CONTENT
3. BUSINESS ACCOUNT CREATION By creating an account in our professional area, you consent to our collection, use and disclosure of your personal data for purposes related to your request. The information collected is the subject of a computer processing intended to facilitate the connection between you and GUINOT. 4. INTELLECTUAL PROPERTY
GUINOT is the sole owner of all intellectual property rights pertaining to the Site (such as in particular all its contents, models and features, its general structure, software, texts, animated or still images, sounds, video sequences, know-how, creations, drawings, illustrations, logos, graphic elements, marks and other distinctive signs, presentations, articles, files available for download, etc. and, more generally, all elements reproduced or used on the Site) and to any document or element generated by the use of the Site or a thereof, where appropriate, validly acquired the rights for such exploitation.
The User has a right of individual and private use, non-exclusive and non-marketable. The representation, reproduction or exploitation in any way whatsoever of all or part of the Site and/or its elements or contents, by any process and in any form whatsoever, as well as any use of the Site for purposes other than its strictly individual and private consultation, without express prior authorization from GUINOT, is prohibited and constitutes an infringement sanctioned by the Intellectual Property Code and/or a fault likely to engage the civil and criminal liability of its author. The General Conditions of Use do not imply any assignment or license of any intellectual property rights for the benefit of the User outside the right to use the Site in accordance with all the provisions of the General Conditions of Use. The fact that GUINOT does not initiate proceedings as soon as it becomes aware of unauthorized uses does not constitute acceptance of such uses and waiver of legal proceedings.
5. HYPERLINKS It is possible to create a link to the presentation page of this Site without express permission of GUINOT, subject to display this Site in a new browser window and to: • Identify the source that will be hyperlinked directly to the intended content. • Use the information only for personal, associative or professional purposes. Any use for commercial or advertising purposes is excluded, except with the prior written consent of GUINOT. • The website pointing to the content of this Site must not disseminate information of a controversial, pornographic, xenophobic or, to a greater extent, damaging the integrity of GUINOT. Thus, GUINOT reserves the right to request the deletion of a link that it considers not in conformity with the subject of its Site, GUINOT cannot be held responsible for the provision or the content appearing on or obtained through these sites.
6. SITE ACCESS To access the Site, the User must have internet access. GUINOT undertakes to use all reasonable means at its disposal to ensure that the Site is accessible by Users at all times, with the exception of maintenance periods or for any other reason that GUINOT does not control. GUINOT does not guarantee uninterrupted access to the Site. Access to the Site may be slowed or temporarily interrupted. GUINOT may at any time suspend, interrupt or limit access to all or part of the Site, reserve access to the Site, or to certain parts of the Site, to a specific category of Internet users, for technical reasons, failure or disruption of telecommunication systems beyond the control of GUINOT or of operational requirements, in particular to ensure the maintenance of GUINOT servers, maintenance and updating of the Site, etc. or when GUINOT discovers a security breach that could seriously compromise the security of the GUINOT data and/or server. As a result, GUINOT cannot be held liable. GUINOT shall not be liable in the event of failure, breakdown, difficulty, slowdown or interruption of operation, preventing access to the Site or any of its features and shall not guarantee uninterrupted access to the Site.
7. PERSONAL DATA The data and information that the User transmits to GUINOT, in particular by browsing the Site or in any form, include personal data, whose collection and processing by GUINOT are set out in the personal data processing policy accessible on the Site (hereinafter the “Policy”). By accessing and continuing to browse the Site, the User declares that he has read the Policy. It can be consulted by clicking on the following link: Protection of personal data In accordance with the General Data Protection Regulation, the User has, subject to compliance with the legal obligations imposed on GUINOT as part of its activity, a right of access, limitation, the erasure, modification and rectification of information concerning him; he also has the right to object to the processing of his personal data. To exercise these rights, the User must send his request to the following address: firstname.lastname@example.org or the address of the registered office indicated above.
8. TRACER FILES (COOKIES) When a User visits the Site, a "Cookie Management" banner warns him of the presence of cookies and invites him to accept or refuse them, cookie by cookie. A cookie is a small text file placed on the User’s device (including a computer, smartphone or tablet) when visiting a website. It allows you to identify the browser during your visit and thus retain some of your information. To learn more about the use of these cookies, we invite you to consult our Policy.
9. THIRD PARTY WEBSITE
The Site may contain links, promotional or otherwise, to third-party websites and links to social networks that do not belong to or are controlled by GUINOT. These links to are provided only for the convenience of the user of this Site. They are activated under the sole responsibility of the User. GUINOT cannot be held liable for any material, intangible or moral damage, direct or indirect, for any reason whatsoever that would result from the activation of the hypertext links available on the Site.
10. LIMITATION OF LIABILITY - OBLIGATIONS OF THE USER
GUINOT shall in no case be liable to anyone for any direct or indirect damage caused to the User, third parties and/or the User’s equipment, including without limitation, viruses, computer faults or malfunctions, fraudulent intrusion by a third party, loss of customers or profits, income, chances, data, any errors, omissions, losses or delays, whether the damage is caused on occasion, in connection with or following the use of the Site or any content or other element accessible or downloaded from the Site. GUINOT does not guarantee in any way that the Site is free from any malicious computer code, including but not limited to computer viruses. GUINOT shall not be liable for any damage or deletion of data caused by malicious computer codes. The User is solely responsible for the use that he makes of the Site, all its functionalities and all the data and information that he communicates or transmits on the Site and any other action on his part on the Site and, in particular, when completing any online form. The User guarantees GUINOT that its activity on and via the Site will not be contrary to any law or regulation in force, GUINOT cannot be held responsible for any activity of the User on or via the Site and/or for any direct or indirect damages arising from the User’s use of the Site and all of its data.
The User guarantees GUINOT against any claim or action of third parties in this respect. The User acknowledges and accepts that GUINOT has no obligation to monitor or control the data and information transmitted by it on the Site. The User undertakes not to directly or indirectly denigrate the Site and/or the services of GUINOT as well as GUINOT on social networks and any other means of communication. It is up to each User to take all measures to ensure the protection of data and software stored on his computer, in particular against contamination by viruses, or spyware that could be introduced by third parties via the internet. The User acknowledges that the data circulating on the Internet are not protected against possible misuse. The communication of any information deemed by the User to be sensitive or confidential is at its own risk. The User declares that he accepts the characteristics and limitations of the Internet, In particular, it acknowledges that GUINOT assumes no responsibility for the services accessible via the Internet and does not exercise any form of control over the nature and characteristics of the data that could be transmitted through its host. The User undertakes to use the services of the Site as well as all the information to which he may have access only for a purpose consistent with public order, good morals and the rights of third parties. In particular, the User acknowledges that the data circulating on the Internet may be regulated in terms of usage or be protected by a proprietary right.
The User is solely responsible for the use of the data he consults, queries and transfers on the Internet. The User undertakes not to commit any act that may jeopardize the computer security of the Site or the computer system of other users. The User agrees not to interfere or interrupt the normal functioning of the Site. Any downloaded content is done at the risk of the user and under his sole responsibility. Consequently, GUINOT cannot be held responsible for any damage suffered by the User’s computer or for any loss of data resulting from the download. Access to the Site may require the use of personal access codes. These means of authentication are personal and confidential. You have to keep it secret, and of course you can change it at any time. GUINOT reserves the right to take legal action against any infringing User in order to obtain compensation for the damage that is its own. Any guarantee of quality or suitability for a specific use is expressly excluded.
The User is fully aware of the provisions of this article and in particular the aforementioned limitations of liability, essential conditions of these general conditions of use.
11. GOVERNING LAW - LITIGATION
The law applicable to the General Conditions of Use is French law. They are written in French. In the event that they are translated into one or more languages, only the French text shall be authentic in the event of a dispute. Any claim or dispute arising from the validity, interpretation or execution of the General Conditions of Use will be submitted to the competent courts of the Court of Appeal of Paris, under the conditions of ordinary law.
These conditions are governed by French law. Any disputes or disputes which may arise from the interpretation or execution of these conditions, and which could not be settled amicably, shall be submitted to the competent courts. The reference language for the settlement of any disputes is French. Consumer mediation
The consumer is informed of the possibility of using consumer mediation for disputes that may arise regarding the sale of our products. In your capacity as a consumer, in accordance with Article L612-1 et seq. of the French Consumer Code, you have the right to appeal to the CMAP at the following email address: email@example.com or by post:
CMAP, Service Médiation de la consommation 39 avenue Franklin D. Roosevelt 75008 Paris Any consumer entering the CMAP must be able to prove, in advance, that they have tried to resolve their dispute directly with our company GUINOT. 12. AMENDMENTS These terms may be modified at any time by GUINOT, in particular to comply with all French and European legislative and regulatory developments.
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