LEGAL INFORMATION
Le site « LES CHEMINÉES DE CHANGY » est édité par :
LES CHEMINÉES DE CHANGY sasu, société par actions simplifiée à associé unique au capital de 10 000 euros, dont le siège social est situé à 12, boulevard Comte de Falicon, 06100 NICE, immatriculée au R.C.S. d'Orléans sous le numéro B 753 984 285 (ci-après « LES CHEMINÉES DE CHANGY »),
Directeur de la publication : Caroline Vuillier
Hébergeur cheminee-de-changy.com : WEBFLOW Inc.
TERMS AND CONDITIONS OF USE
The purpose of these general terms and conditions of use (hereinafter "GTCU") is to define the terms and conditions of use of the "Cheminee-de-Changy.com" site.
Access to and use of the Site implies unreserved acceptance of the GTCU by the User.
DEFINITIONS
For the purposes hereof: "Site" refers to the " cheminee-de-changy.com " site, published by LES CHEMINÉES DE CHANGY, providing access to the Elements. The Site includes the Content, software, programs, tools (programming, navigation, etc.), databases, operating systems, documentation and all other elements that make it up, updates and new versions that may be made to the Site by LES CHEMINÉES DE CHANGY.
"Content" means, but is not limited to, the structure of the Site, editorial content, drawings, illustrations, images, photographs, graphic charts, trademarks, logos, acronyms, company names, audiovisual works, multimedia works, visual content, audio and sound content, and any other content present within the Site.
"Elements" refers to the various functionalities and information elements offered on the Site.
"User" means a natural person of legal age browsing the Site for his or her own needs, for strictly personal and non-commercial use, with no direct or indirect profit motive.
"Andiron" refers to any Chenet of the LES CHEMINÉES DE CHANGY brand.
"Content" means, but is not limited to, the structure of the Site, editorial content, drawings, illustrations, images, photographs, graphic charts, trademarks, logos, acronyms, company names, audiovisual works, multimedia works, visual content, audio and sound content, and any other content present within the Site.
"Elements" refers to the various functionalities and information elements offered on the Site.
"User" means a natural person of legal age browsing the Site for his or her own needs, for strictly personal and non-commercial use, with no direct or indirect profit motive.
"Andiron" refers to any Chenet of the LES CHEMINÉES DE CHANGY brand.
SITE PURPOSE
The purpose of the Site is to allow the User to :
- Discover the LES CHEMINÉES DE CHANGY brand,
- Find out about all LES CHEMINÉES DE CHANGY brand models (technical features, equipment, dimensions, etc.), as well as related products and services,
- Discover personalized promotional offers,
- Request an estimate for a Chenet,
- Locate the LES CHEMINÉES DE CHANGY showroom
- Interact directly with the LES CHEMINÉES DE CHANGY brand to ask questions and/or contact the customer relations department,
This list is not exhaustive and may be modified at any time by LES CHEMINÉES DE CHANGY without any liability on its part. It is understood that LES CHEMINÉES DE CHANGY reserves the right to modify, at any time and without notice, the information appearing on the Site, in particular that relating to the technical characteristics and equipment of the models presented.
SITE ACCESS
The Site is accessible from the Internet at the following address: https://www.cheminee-de-changy.com
LICENSE TO USE THE SITE
LES CHEMINÉES DE CHANGY grants the User a personal right to use the Site, the Content and its Elements, which is non-exclusive, revocable, non-assignable, non-transferable and free of charge. This license is granted to the User solely for his or her own needs, to the exclusion of any commercial or profit-making use of all or part of the Content and/or Elements. The User acquires no other rights to the Site, the Content and/or the Elements other than those granted herein.
OBLIGATIONS OF THE USER
The User undertakes to use the Site in accordance with national and international regulations.
In particular, the User undertakes to:
In particular, the User undertakes to:
- to take note of the present GCU and to comply with them,
- not to reproduce, even temporarily and/or partially, the Site and/or its Content, by any means and in any form,
- not to access and/or use the software components of the Site,
- not to use software or processes intended to copy the Content and/or likely to disrupt the proper functioning of the Site,
- not to adapt, modify, translate, transcribe, compile, decompile, assemble or disassemble all or part of the Site, the Elements and/or the Content,
- not to export the Site and/or merge it with other computer programs,
- to inform LES CHEMINÉES DE CHANGY if it becomes aware of any act of piracy and/or illicit or non-contractual use of the Site and/or its Content,
- not to carry out any manipulation and/or introduce any virus or malicious code likely to cause computer and/or functional breakdowns likely to affect the proper functioning of the Site or of any Elements accessible via the Site.
- hinder the proper functioning of the Site by any means whatsoever,
- not to use the Site to display, download or transmit any content contrary to public morality and order (such as, but not limited to, any content of a racial, political, religious, pornographic or sexual nature)
As the User is solely responsible for the use of the Site, he acknowledges that neither LES CHEMINÉES DE CHANGY nor the members of its distribution network may be held liable for any direct or indirect damage, and in particular material or immaterial damage, loss of data or programs, or financial loss, resulting from access to or use of the Site, or due, in particular, to the interruption, suspension or modification of the Site or any of its Elements.
In addition, when the User documents forms online, he/she undertakes to ensure that the content of his/her comments :
In addition, when the User documents forms online, he/she undertakes to ensure that the content of his/her comments :
- is relevant to the purpose of the form it is filling in,
- is not likely to distort the spirit of the survey by containing (i) philosophical, political, religious or trade union opinions or (ii) racial, ethnic or sexual elements that are violent, vulgar, obscene, offensive, contrary to public decency, proselytising, defamatory or hateful,
- does not harm the brand image and more generally the interests of CHEMINÉES DE CHANGY.
In the event of violation of any of the aforementioned restrictions, LES CHEMINÉES DE CHANGY reserves the right, at its own discretion and without prior notice, to suspend the processing of the request and to draw all legal consequences therefrom.
SITE AVAILABILITY
LES CHEMINÉES DE CHANGY undertakes to use its best efforts to ensure the security of access to, consultation and use of the Site. The Site is accessible continuously, except in the event of force majeure or the occurrence of an event beyond the control of LES CHEMINÉES DE CHANGY, and subject to any breakdowns and maintenance operations necessary for the proper operation of the Site.
RESPONSIBILITIES - GUARANTEES
1. On the use of the
siteWithin the limits of applicable laws and regulations, neither LES CHEMINÉES DE CHANGY nor the retailers in its sales network assume any responsibility for the use of the Site by the User and give no guarantee, explicit or implicit, as to the speed or performance of the Site. In particular, access to the Site may be temporarily and periodically suspended for technical reasons; in such cases, the technical teams will make their best efforts to resolve the problem as quickly as possible.
LES CHEMINÉES DE CHANGY reserves the right to modify the information on the Site at any time and without notice, and CHEMINÉES DE CHANGY and/or the members of its distribution network may not be held liable in this respect.
Access to and use of the Site are at the User's own risk. It is the User's responsibility to take all appropriate measures to protect his/her own data and/or software stored on his/her telephone and computer equipment against any attack.
In any event, LES CHEMINÉES DE CHANGY shall not be held liable:
siteWithin the limits of applicable laws and regulations, neither LES CHEMINÉES DE CHANGY nor the retailers in its sales network assume any responsibility for the use of the Site by the User and give no guarantee, explicit or implicit, as to the speed or performance of the Site. In particular, access to the Site may be temporarily and periodically suspended for technical reasons; in such cases, the technical teams will make their best efforts to resolve the problem as quickly as possible.
LES CHEMINÉES DE CHANGY reserves the right to modify the information on the Site at any time and without notice, and CHEMINÉES DE CHANGY and/or the members of its distribution network may not be held liable in this respect.
Access to and use of the Site are at the User's own risk. It is the User's responsibility to take all appropriate measures to protect his/her own data and/or software stored on his/her telephone and computer equipment against any attack.
In any event, LES CHEMINÉES DE CHANGY shall not be held liable:
- in the event of non-compliance by the User with these GCU ;
- in the event of malfunction of the Site due to a cause, whether voluntary or involuntary, that is attributable to the User or to a third party or to an act of malice, software, smartphone/tablet, interface or any other product or supply of the User;
- in the event of malfunction and/or failure of the User's computer and/or communications network, whatever the cause.
LES CHEMINÉES DE CHANGY does not guarantee that the Site is free from any error or anomaly, nor that it may be subject to attacks, in particular by viruses, which could lead to malfunctions, interruptions, breakdowns or loss of data or information.
2. Information relating to products and services
The characteristics of the new Andirons presented on the Site are those existing at the time they are put online on the Site, as distributed in mainland France. They are given for information purposes only and cannot be considered as a contractual offer of products from CHEMINÉES DE CHANGY or members of its network. The same applies to prices, which are taken from the current price list, but are only recommended maximum prices and have no contractual value.
The characteristics of the new Andirons presented on the Site are those existing at the time they are put online on the Site, as distributed in mainland France. They are given for information purposes only and cannot be considered as a contractual offer of products from CHEMINÉES DE CHANGY or members of its network. The same applies to prices, which are taken from the current price list, but are only recommended maximum prices and have no contractual value.
PERSONAL DATA
In the context of the use of this site, your personal data is processed under the conditions detailed in the Cheminées de Changy personal data protection policy, accessible here.
INTELLECTUAL AND INDUSTRIAL PROPERTY
The Site and its Content are protected by intellectual and/or industrial property rights.
The photographs, texts, slogans, drawings, images, animated sequences with or without sound, as well as all works integrated into the Site are the property of LES CHEMINÉES DE CHANGY or of third parties who have assigned their rights to LES CHEMINÉES DE CHANGY or authorized LES CHEMINÉES DE CHANGY to use them.
The Chenets models presented on the Site are protected by copyright and by articles L511-1 et seq. of the French Intellectual Property Code relating to the protection of registered models.
The names LES CHEMINÉES DE CHANGY, the names of the Andirons in the LES CHEMINÉES DE CHANGY range and the associated products and services, the slogans and logos accompanying these trademarks are, unless otherwise indicated, registered trademarks of LES CHEMINÉES DE CHANGY.
Reproductions, on a paper or computer medium of the Content are authorized, provided that they are strictly reserved for personal use excluding any use for advertising and/or commercial and/or information purposes and that they comply with the provisions of article L122-5 of the French Intellectual Property Code.
With the exception of the above provision, the reproduction, imitation, use or affixing, by any process whatsoever and on any medium whatsoever, of all or part of the Content without having obtained the prior authorization of CHEMINÉES DE CHANGY or the holder(s) of the relevant rights constitutes an infringement punishable by four years' imprisonment and a fine of €400,000.
The photographs, texts, slogans, drawings, images, animated sequences with or without sound, as well as all works integrated into the Site are the property of LES CHEMINÉES DE CHANGY or of third parties who have assigned their rights to LES CHEMINÉES DE CHANGY or authorized LES CHEMINÉES DE CHANGY to use them.
The Chenets models presented on the Site are protected by copyright and by articles L511-1 et seq. of the French Intellectual Property Code relating to the protection of registered models.
The names LES CHEMINÉES DE CHANGY, the names of the Andirons in the LES CHEMINÉES DE CHANGY range and the associated products and services, the slogans and logos accompanying these trademarks are, unless otherwise indicated, registered trademarks of LES CHEMINÉES DE CHANGY.
Reproductions, on a paper or computer medium of the Content are authorized, provided that they are strictly reserved for personal use excluding any use for advertising and/or commercial and/or information purposes and that they comply with the provisions of article L122-5 of the French Intellectual Property Code.
With the exception of the above provision, the reproduction, imitation, use or affixing, by any process whatsoever and on any medium whatsoever, of all or part of the Content without having obtained the prior authorization of CHEMINÉES DE CHANGY or the holder(s) of the relevant rights constitutes an infringement punishable by four years' imprisonment and a fine of €400,000.
APPLICABLE LAW
The Site and these GCU are governed by French law.
Any dispute arising from the interpretation and/or performance of these GCU must be settled amicably.
Failing amicable settlement, the dispute will be submitted to the courts of the Paris Court of Appeal, to which the parties grant exclusive jurisdiction, notwithstanding multiple defendants or claims for damages from third parties.
Any dispute arising from the interpretation and/or performance of these GCU must be settled amicably.
Failing amicable settlement, the dispute will be submitted to the courts of the Paris Court of Appeal, to which the parties grant exclusive jurisdiction, notwithstanding multiple defendants or claims for damages from third parties.
CGU UPDATE
LES CHEMINÉES DE CHANGY reserves the right to modify and update these GCU without prior notice, at any time and without informing the Users in advance.
Where applicable, modifications and updates will be binding on the User as soon as they are published on the Site, and the User is responsible for consulting the GTCU in force at each connection to the Site.
Where applicable, modifications and updates will be binding on the User as soon as they are published on the Site, and the User is responsible for consulting the GTCU in force at each connection to the Site.
MISCELLANEOUS PROVISIONS
1. No waiver
The fact that one of the parties does not avail itself of a clause in these GCU shall not be construed as a temporary or definitive waiver of the benefit of the provision in question, which shall remain in force.
2.Nullity of a clause
If one or more stipulations of these GCU are declared invalid, null or unwritten by current regulations, by a change in the law or by a final decision of a competent court, the other stipulations will retain all their force and scope, and the parties undertake as soon as possible to put in place a valid replacement provision of equivalent scope as close as possible to the spirit of these GCU.
3.Force majeure
The following are expressly considered to be cases of force majeure, in addition to those usually accepted by the jurisprudence of French courts: bad weather, governmental and legal restrictions and modifications, computer breakdowns and telecommunications blockages, failure of LES CHEMINÉES DE CHANGY's servers and any other event beyond the express control of CHEMINÉES DE CHANGY.
The fact that one of the parties does not avail itself of a clause in these GCU shall not be construed as a temporary or definitive waiver of the benefit of the provision in question, which shall remain in force.
2.Nullity of a clause
If one or more stipulations of these GCU are declared invalid, null or unwritten by current regulations, by a change in the law or by a final decision of a competent court, the other stipulations will retain all their force and scope, and the parties undertake as soon as possible to put in place a valid replacement provision of equivalent scope as close as possible to the spirit of these GCU.
3.Force majeure
The following are expressly considered to be cases of force majeure, in addition to those usually accepted by the jurisprudence of French courts: bad weather, governmental and legal restrictions and modifications, computer breakdowns and telecommunications blockages, failure of LES CHEMINÉES DE CHANGY's servers and any other event beyond the express control of CHEMINÉES DE CHANGY.
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