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Definitions
Hereinafter referred to as:
- ''Site" or "Service": the site www.oriumfrance.com and all its pages.
- ''Publisher": AIC International, the legal entity responsible for the publication and content of the Site.
- ''User": the Internet user visiting and using the Site's services.
The present General Conditions of Use (hereinafter the "GCU") are proposed by the Website Editor. The User of the Site is invited to read these GCU carefully, to print them and/or to save them on a durable medium. The User acknowledges having read the GTUs and accepts them in full and without reservation.
Article 1 - Application of the GCU
The purpose of these GTU is to define the conditions of access to the Site by Users. The Publisher reserves the right to modify the GTU at any time by publishing a new version on the Site. The GCU applicable to the User are those in force on the day of his acceptance.
The Site is freely accessible to all Users. The acquisition of a product or service, or the creation of a member space, or more generally browsing the Site implies acceptance by the User of the entirety of these GCU, who thereby acknowledges that he/she has fully understood them.
This acceptance may consist, for example, in the User checking the box corresponding to the sentence accepting these GCU, for example with the words "I acknowledge that I have read and accepted all the general conditions of the Site". Checking this box will be deemed to have the same value as a handwritten signature by the User.
The User acknowledges the value of proof of the automatic recording systems of the Editor of this Site and, unless he/she can prove otherwise, he/she waives the right to contest them in the event of a dispute.
Acceptance of these GTUs assumes that the User has the legal capacity to do so. If the User is a minor or does not have this legal capacity, he declares that he has the authorization of a tutor, a curator or his legal representative.
The Publisher makes available to the Customer, on its Site, a privacy policy specifying all the information related to the use of the Customer's personal data collected by the Publisher and to the rights the Customer has with respect to such personal data. The data privacy policy is part of the GTC. Acceptance of these GTUs therefore implies acceptance of the data privacy policy.
Article 2 - Legal notice, personal data and purpose of the Site
This Site is published by AIC International SAS. The legal information concerning the host and the Site Editor, in particular the contact details and any capital and registration information, is provided in the legal notice of this Site.
Information concerning the collection and processing of personal data (policy and declaration) is provided in the Site's personal data charter.
The purpose of this Site is defined as "Site for the online sale of products for: measurement; energy, garden and comfort".
Article 3 - Member area
The User registered on the Site (member) has the possibility of accessing it by logging in using his identifiers (e-mail address defined at the time of registration and password) or possibly by using systems such as third-party connection buttons on social networks. The user is entirely responsible for the protection of the password he/she has chosen. The user is encouraged to use complex passwords. If the User forgets his/her password, he/she has the possibility to generate a new one. This password guarantees the confidentiality of the information contained in the "my account" section and the User is therefore prohibited from transmitting or communicating it to a third party. Failing this, the Website Editor cannot be held responsible for unauthorised access to a User's account.
The creation of a personal space is an essential prerequisite to any order or contribution by the User on this Site. To this end, the User will be asked to provide a certain amount of personal information. The User undertakes to provide accurate information.
The purpose of collecting data is to create a "member account". If the data contained in the member account section were to disappear as a result of a technical failure or a case of force majeure, the Site and its Publisher shall not be held liable, as this information has no evidential value but only an informative character. The pages relating to member accounts may be freely printed out by the holder of the account in question but do not constitute proof, they are only of an informative nature intended to ensure efficient management of the service or contributions by the User.
Each User is free to close his account and his data on the Site. To do so, he must send an e-mail to AIC International indicating that he wishes to delete his account. No recovery of his data will be possible.
The Editor reserves the exclusive right to delete the account of any User who has contravened these Terms and Conditions (including, but not limited to, when the User has knowingly provided false information when registering and setting up his personal space) or any account that has been inactive for at least one year. Such deletion shall not constitute damage for the excluded User, who shall not be entitled to claim any compensation as a result. This exclusion is not exclusive of the possibility, for the Publisher, to undertake legal proceedings against the User, when the facts justify it.
Article 4 - Access and availability of the Site
The Publisher shall make every effort to ensure that the Site is permanently accessible, subject to maintenance operations on the Site or the servers on which it is hosted. In the event of impossibility of access to the Site, due to technical problems or of any other nature, the User shall not be entitled to claim any damages or compensation.
The Website Editor is only bound by an obligation of means; he cannot be held responsible for any damage resulting from the use of the Internet network such as loss of data, intrusion, virus, service breakdown, or others.
The User expressly admits using the Site at his own risk and under his exclusive responsibility.
The Site provides the User with information on an indicative basis, with imperfections, errors, omissions, inaccuracies and other ambivalences that may exist. In any case, AIC International cannot be held responsible for
- any direct or indirect damage, in particular with regard to loss of profits, loss of earnings, loss of customers, loss of data which may result from the use of the Site, or on the contrary from the impossibility of its use;
- malfunctioning, unavailability of access, misuse, poor configuration of the User's computer, or the use of a browser not frequently used by the User.
Article 5 - Hypertext links
The Site may include hypertext links to other sites.
The User therefore acknowledges that the Publisher may not be held responsible for any damage or loss, whether proven or alleged, resulting from or related to the use or the fact of having taken cognizance of the content, advertising, products or services available on these external sites or sources. Likewise, the Editor of the present Site shall not be held liable if the User's visit to one of these sites causes him/her harm.
If, despite the Editor's efforts, one of the hypertext links present on the Site points to a site or an Internet source whose content does not comply with the requirements of French law, the User undertakes to immediately contact the Site's publication director, whose contact details are given in the Site's legal notice, in order to provide him with the address of the pages of the third party site in question.
Article 6 - Cookies
A "Cookie" may allow the identification of the User of the Site, the personalisation of his/her consultation of the Site and the acceleration of the display of the Site thanks to the recording of a data file on his/her computer. The Site is likely to use "Cookies" mainly to 1) obtain browsing statistics in order to improve the User's experience, and 2) allow access to a member's account and to content that is not accessible without logging in.
The User acknowledges that he/she is aware of this practice and authorises the Website Editor to use it. The Editor undertakes never to communicate the content of these "Cookies" to third parties, except in the case of legal requisition.
The User may refuse the recording of "Cookies" or configure his browser to be warned before accepting "Cookies". To do this, the User must set the parameters of their browser:
- For Internet Explorer: http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies
- For Safari: https://support.apple.com/fr-fr/ht1677
- For Google Chrome: https://support.google.com/chrome/answer/95647?hl=fr&hlrm=en&safe=on
- For Firefox: https://support.mozilla.org/fr/kb/activer-desactiver-cookies
- For Opera: http://help.opera.com/Windows/10.20/fr/cookies.html
Article 7 - Intellectual property rights
All the elements of this Site belong to the Editor or to a third party agent, or are used by the Editor on the Site with the authorization of their owner.
Any representation, reproduction or adaptation of the logos, textual, pictographic or video contents, without this list being restrictive, is strictly forbidden and is considered as counterfeiting.
Any User who is guilty of counterfeiting may have his access to the site removed without notice or compensation and without this exclusion constituting damage, without prejudice to any subsequent legal proceedings against him, at the initiative of the Editor of this Site or his agent.
The trademarks and logos contained in the Site are likely to be registered by AIC International, or possibly by one of its partners. In particular, the trademarks ''ORIUM'', ''IZYWATT'', ''QUAELIS'' are registered trademarks. Any person proceeding to their representations, reproductions, imbrications, diffusions and reruns incurs the sanctions envisaged in articles L.713-2 and following of the Code of the intellectual property.
Article 8 - Liability
The Publisher is not responsible for the publications of the Users, their content and their veracity. The Publisher cannot be held responsible for any damage that may occur to the User's computer system and/or for the loss of data resulting from the use of the Website by the User.
The Publisher undertakes to constantly update the content of the Site and to provide Users with accurate, clear, precise and up-to-date information. The Site is in principle accessible at all times, except during technical maintenance operations and content updates. The Publisher shall not be held responsible for any damage resulting from the unavailability of the Site or parts thereof.
The Website Editor cannot be held responsible for the technical unavailability of the connection, whether this is due to a case of force majeure, maintenance, updating, modification of the Website, intervention by the host, an internal or external strike, a network failure, or a power cut.
The Publisher shall not be held responsible for the non-operation, impossibility of access or malfunctioning of the Site attributable to unsuitable equipment, poor configuration or use of the User's computer, malfunctioning of the services of the User's access provider, or those of the Internet network.
Article 9 - Notifications and complaints
Any notification or notice concerning these GTU, the legal notices or the personal data charter must be made in writing and sent by registered or certified mail, or by e-mail to the address indicated in the legal notices of the Site, specifying the contact details, name and first name of the notifier, as well as the subject of the notice.
Any claim related to the use of the Site, the Services, the pages of the Site on any social networks or the TOS, the legal notice or the personal data charter must be filed within 365 days following the day on which the problem giving rise to the claim originated, and this independently of any law or rule of law to the contrary. If such claim is not filed within 365 days, such claim will be forever barred at law.
It is possible that there may be inaccuracies or errors throughout the Website and the Services offered, or information that is inconsistent with the TOU, the Legal Notice or the Privacy Policy. Furthermore, it is possible that unauthorised modifications are made by third parties on the Site or on related Services (social networks, etc.).
In such a situation, the User has the possibility to contact the Site Editor by post or by e-mail at the addresses indicated in the legal notice of the Site, with if possible a description of the error and the location (URL), as well as sufficient information to contact him.
Article 10 - Independence of the clauses
If any provision of the TOS is held to be illegal, void or for any other reason unenforceable, then that provision shall be deemed severable from the TOS and shall not affect the validity and enforceability of any remaining provisions.
The TOU supersedes all prior or contemporaneous written or oral agreements. They are not assignable, transferable or sub-licensable by the User himself.
A printed version of the TOU and all notices given in electronic form may be requested in judicial or administrative proceedings relating to the TOU. The parties agree that all correspondence relating to these GTUs must be written in the French language.
Article 11 - Applicable law
The present GTU are governed by and subject to French law.
Except in the case of public order provisions, any disputes that may arise in the context of the execution of these GTUs may, before any legal action is taken, be submitted to the Site Editor for an amicable settlement.
It is expressly reminded that requests for amicable settlement do not suspend the time limits for bringing legal action.
Unless otherwise provided for by public policy, any legal action relating to the execution of these GTUs shall be submitted to the jurisdiction of the courts of the place of residence of the defendant.
All rights reserved - 25 February 2020