Website publisher: VELECTA PARAMOUNT, a simplified joint-stock company with share capital of EUR 410,624, registered office at Zac de la Grange – 41200 Romorantin-Lanthenay – France, registered in the Paris Trade and Companies Register under number 300 460 011, represented by its legal representative or by its duly authorised representative, domiciled in this capacity at the said registered office. Contact email: email@example.com
Host LIGNE WEB SERVICES – 10, RUE PENTHIEVRE – 75008 PARIS – FRANCE A limited liability company with share capital of 1,000,000 euros – RCS Paris B 450 453 881 – VAT: FR44 450 453 881 Phone: 0892 700 479* – International phone number: +33 (0)1 77 62 30 03
GENERAL CONDITIONS GOVERNING USE OF THE WEBSITE
The capitalised terms and expressions herein will have the following meanings, unless expressly stated otherwise in the body hereof: Orders: refers to any order for Products placed by a User on the Website; General Conditions of Use, or GCUs: refers to these General Conditions of Use; General Conditions of Sale: refers to these General Conditions of Sale, which are accepted by the Customer without reservation prior to confirmation of their order; Professional Area: refers to the part of the Website dedicated to Professional visitors; Non-Professional Area: refers to the part of the Website dedicated to Non-Professional visitors; Identifiers: refers to the username and password required to connect to the Website; Non-Professional: refers to any visitor of the Website who qualifies as a consumer within the meaning of the French Consumer Code; Price: refers to the price of the Products as published on the Website; these prices are subject to change at the sole discretion of VELECTA PARAMOUNT; Products: refers to all the VELECTA PARAMOUNT products on the Website; Professional: refers to users of the Website who, concurrently, operate a business involving the wholesale or professional distribution of hairdressing products and do not meet the definition of a consumer within the meaning of the French Consumer Code; Service: refers to the service made available by the Company to users with a view to purchasing Products on the Website; Website: refers to the VELECTA PARAMOUNT commercial Website accessible at the following URL address: www.velecta-paramount.com. Company: refers to the company VELECTA PARAMOUNT, a simplified joint-stock company with share capital of EUR 410,624, registered office at Zac de la Grange, 41200 Romorantin-Lanthenay, France, registered in the Paris Trade and Companies Register under number 300 460 011, represented by its legal representative or by its duly authorised representative and domiciled in this capacity at the said registered office; User: refers to any user – Professional or Non–Professional – who purchases Products on the Website; Visitor: refers to a person who accesses and visits the Website.
2. PURPOSE OF THE GCUs – ACCEPTANCE OF AND AMENDMENTS TO THE GCUs
2.1. The purpose of these GCUs is to lay down and specify the terms and conditions subject to which the Website is made available to Visitors and the conditions of use for said Website. They apply to and are fully binding for any Visitor or User during their visit and their use of the Website’s features.
2.2. All Users and Visitors declare that they have read the GCUs and accept them without reservation, and that they will strictly abide by them strictly when visiting the Website or using the Services. The GCUs are binding for all Visitors and Users and constitute a contract between them and the Company.
2.3. The Company may update/modify the GCUs at any time without providing prior notice to Users. The GCUs that are binding for the Visitor and the User are those in force and published on the Website. Any breach of the GCUs may result in the blocking of the offending User’s access to the Services.
3. FEATURES OF THE WEBSITE – CONDITIONS OF USE OF THE NON-PROFESSIONAL AND PROFESSIONAL AREAS – LIABILITY
3.1. The Website allows Visitors to access information about the various Products offered for sale by the Company (in particular the model, price, features and technical information); it also allows Users to access the Services to purchase these Products under the conditions set out in the General Conditions of Sale. The technical and functional information and any documents available on the Website concerning the use and characteristics of the Products are not contractually binding, with the Company making its best efforts to avoid any errors and to post updates. It is also the User’s responsibility to ensure that the information found on the Website is relevant to their needs.
3.2. The Website is divided into two distinct areas: the Non-Professional Area, which any Visitor may access as soon as they access the Website, and the Professional Area, which is accessible under the heading “Professional Area”. Use of the Non-Professional Area is conditional upon the Visitor’s registration on the Website, during which the Visitor will fill in the relevant information about themselves. A username and password will be sent to newly registered users so that they can log in and place an order on the Website. Access to information and use of the Services in the Professional Area is conditional upon the Visitor’s prior registration as a “Professional”, for which the Visitor will provide information on their identification and declare to be a “professional” within the meaning of the French Consumer Code, as a consequence of which the latter Code will then be inapplicable to them. After filling in this information for their registration for the professional area, the Company will proceed to approve or reject the said registration (in particular within the scope of its verification of professional status); any rejection may not give rise to compensation. An approval or rejection email will be sent by the Company. A username and password will be sent to newly registered users so that they can log in and place an order on the Website.
If the Visitor is a Professional within the meaning of the French Consumer Code, they agree to use the features of the Professional Area of the Website only under the strict condition that they are a wholesaler or distributor of hairdressing products. Any Visitor who uses the features of an area not dedicated to them will be liable for the resulting consequences (in particular in terms of applicable prices and General Conditions of Sale); any sale made in contravention of the aforementioned commitment may not be cancelled or contested for this reason alone by the User, and the User may not request a posteriori the conditions of sale (including prices) applicable to Users of the other Area of the Website.
3.3. The Company shall not be liable for any unauthorised use of the Services by a third party using the User’s identity and the User’s means of payment. In order to secure use of the Services by the User and to identify the User based on the information they have previously provided, the User will be assigned – after validation of their registration – a username and password. Identifiers are strictly personal and it is the User’s responsibility to ensure their complete confidentiality. They are created, managed, modified and used under the sole responsibility of the User. The Company shall not be liable for any consequences related to the disclosure - intentional or otherwise - of the Identifiers to any third party. The Company shall not be liable for the consequences of their fraudulent use by a third party, and any Order paid for when using the User’s username and password will be executed, at the User’s expense, who may then seek recourse against the fraudulent user. If the User becomes aware that another person is accessing or may access their User Account using their username and password, they shall change the username and password and inform the Company without delay. In addition, any detrimental consequences to the Company or to Third Parties resulting from the disclosure or loss of the username/password by the User or from their theft will be compensated in full by the User.
4. ACCESSIBILITY OF THE WEBSITE AND SERVICES / MODIFICATION OF THE WEBSITE
The Services are accessible only through the Website and the User must therefore ensure that they have an Internet connection that provides optimal access. The Company shall not be liable for any difficulty in accessing the Services or the Website or due to any bugs or errors that may occur when placing an Order as a result of a failure on the part of the User’s Internet connection. The Company shall make every effort to make the Website available 24 hours a day, 7 days a week. The Company has an obligation of means with regard to the level of accessibility. In this respect, it may temporarily suspend access to the Website and Services if corrective or upgrade maintenance operations so require, without having to give prior notice of the fact to Users. Any interruption of access to the Website and Services due to Website malfunction, maintenance or hosting problems will not give rise to any compensation to Users.
The Company shall not be liable for the prejudicial consequences of a possible loss of data or programs due to a technical failure, the host or a computer virus. It shall not be liable for any misappropriation of the User’s data by a third party, irrespective of the means used, during the transmission of such data on the Website. The Company may modify the features and any other content of the Website at its discretion without this constituting a loss eligible for compensation for Visitors or Users.
5. FAIR AND PROPER USE OF THE WEBSITE AND SERVICES
The User and the Visitor shall use or visit the Website and the Services in accordance with these terms and conditions and in accordance with their function and purpose; for this reason, any use of the Website subject to conditions or for purposes contrary to public order, or unlawful or in contradiction with any rights of third parties, is prohibited. The Company may suspend the processing of an Order or cancel an Order as a result of a proven violation of the GCUs, without this entitling the User to compensation.
6. DATA PROCESSING
Visiting the Website is free. However, in order to formalise the terms of contract and execute the Orders, the Company is required to collect certain data communicated by Users.
This being the case, the Company undertakes to comply with all the obligations arising from European Regulation No. 2016-679 and the law of 6 January 1978 known as the “data protection” law relating to the protection of personal data; you will find our full personal data protection policy on our website: Personal data protection policy
7. INTELLECTUAL AND INDUSTRIAL PROPERTY
The Company is the owner of all intellectual and/or industrial property rights relating to the Website, whether in terms of its overall structure/ergonomics or its content, such as, but not limited to: the VELECTA PARAMOUNT brand, the texts and images etc. Any representation, reproduction, adaptation or distortion of any protected element of the Website within the meaning of the French Intellectual Property Code will be punishable as acts of infringement and/or unfair competition.
Cookies ensure optimal use/performance of the Website (including storage of data transmitted in the forms). The User is strongly advised to accept their use, as refusal could hinder Website navigation and optimal access to Services. However, the User may oppose their use by configuring their computer accordingly depending on the browser used.
9. AGREEMENT ON EVIDENCE
The data transmitted via the Website (in particular any electronic data) will be fully binding between the parties and serve as evidence. In addition, orders comply the double-click principle under the conditions described in the General Conditions of Sale. In this regard, the User acknowledges that the features of the Website in respect of any Order are such that they prove their full consent to the said Order, in the same way that their handwritten signature would.
10. APPLICABLE LAW – ASSIGNMENT OF JURISDICTION
These GCUs are governed by French law. Any dispute relating to the interpretation, performance or amendments of these GCUs and visits to or use of the Website will fall within the jurisdiction of the French courts.
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