Terms of Use
Updated: March 1st, 2019
Seller: JSB, a SAS with share capital of €1,000 having its registered office at 29 Rue des Petites Ecuries 75010 Paris, registered with the Registry of Trade and Companies of Paris under number 832 106 660, represented by Mr. Jérémy Schimmel-Bauer, Intra-Community VAT number: FR 638321006660
Email contact: eshop@schimmel-paris.com/ phone: 01 48 00 08 81 from Mondays to Fridays between 9 am and 5 pm
Section 1 – Purpose
1. The purpose of these Terms of Use (“ToU”) is to define the relationship between JSB, publisher of the website www.schimmel-paris.fr (the “Website”), and any user (also referred to as “you”) of the Website.
2. You should read these ToU before browsing the Website. By browsing this Website, you accept and agree to abide unreservedly by these ToU.
3. These ToU may be modified or supplemented at any time, so you are invited to consult them on a regular basis.
Section 2 – Access to the Website
1. You may access and browse the Website free of charge.
2. JSB agrees to make its best efforts to provide you with a secure and operational Website, available 24/7 but does not guarantee access.
3. JSB may modify, supplement, update or delete any aspect of the Website at any time.
4. In case of technical maintenance, JSB will make reasonable efforts to notify users of the maintenance dates and times.
5. Under no circumstances may JSB’s liability be incurred in case of the impossibility of accessing all or part of the Website and/or using all or some of the services and/or any vagueness, inaccuracy or omission in relation to the information available on the Website, any technical and/or computer and/or telecommunication issues and/or maintenance periods, or content that has not been updated and/or in case of force majeure, this list being provided on an indicative and non-exhaustive basis. JSB disclaims any and all liability for any direct and/or indirect damages, regardless of whether foreseeable and/or unforeseeable, involving damage to property and/or financial loss, that may be incurred by any user or any third party.
Section 3 – Setting up a customer account
1. You can set up a customer account on the Website in the “My Account” section.
2. To do so, choose a login and a password and indicate your surname, first name, address, phone number and a valid email address to receive confirmation that your customer account has been set up.
3. You have sole responsibility for the use made of your login credentials and agree to keep them secret and not to disclose them. In case you forget them, follow the recovery process. In case of unauthorized use of your customer account, you should inform JSB immediately.
4. You warrant that all of the information provided by you is true and accurate and agree to immediately inform JSB of any change.
5. JSB reserves the right to verify and validate the information you provide and you acknowledge that any refusal by you of any request for verification and/or validation would constitute a breach of these ToU.
Section 4 – Hypertext links
1. The Website may contain hypertext links directing to other websites over which JSB has no control and in respect of which it disclaims any and all liability as regards their content.
2. JSB permits hypertext links directing to the Website, provided they are not for commercial or advertising purposes, and provided that the creator of the link has given JSB prior notice of such link. This authorization naturally excludes websites disseminating information of an unlawful, violent, controversial, pornographic and/or xenophobic nature and/or that would generally be deemed offensive. JSB reserves the right at all times to delete any hypertext link directing to the Website if it does not consider it to be in line with its editorial policy.
Section 5 – Obligations of the user
1. You agree to use any services and information to which you may have access via the Website only in a lawful and decent manner, and not to infringe any third-party rights.
2. In the event you breach these ToU, your access to the Website may be suspended and your customer account terminated, without prejudice to any other rights and remedies that may be available to JSB.
3. You represent accepting the characteristics and limits of the Internet and, in particular, that the information circulating on the Internet is not protected against possible misuse.
4. You are responsible for taking the appropriate measures to protect your own data and/or software against any contamination by possible viruses and against any attempted intrusion into your system by third parties. You agree to only access the Website using recent, virus-free equipment, and an updated latest-generation browser.
Section 6 – Intellectual property
1. JSB owns or is licensed to use, on a worldwide basis, the intellectual property rights in respect of all the materials on the Website, and in particular texts, images, graphics, logos, icons, sound, software, trademarks, trade names, and photographs.
2. Any reproduction, performance/display, modification, publication and/or adaptation of all or some of the materials on the Website, or any unauthorized use of the Website, by any means or process, is prohibited and shall be deemed to constitute infringement.
Section 7 – Personal data and cookies
1. Personal data is collected and cookies are placed under the conditions defined in the confidentiality policy, which you hereby declare accepting unreservedly.
Section 8 – Miscellaneous
1. These ToU may be modified and/or updated by JSB at any time, in which case it shall publish an updated version on the Website.
2. In the event any of the provisions of these ToU were to be cancelled or held invalid, the remaining provisions shall remain in full force and effect.
3. No failure to assert any breach of a provision of these ToU shall be deemed a waiver of any subsequent or continuing breach of that provision or of any other provision.
Section 9 – Governing law and disputes
1. These ToU are governed by and shall be construed in accordance with the laws of France, regardless of the location where the Website is used.
2. In case of complaint, you should write to the postal or email addresses indicated in the header of these ToU and provide details of the complaint.
3. In accordance with §L.152-1 of the French Consumer Code, in case your complaint is rejected, you have the possibility, at no cost to you, of referring the matter to the consumer ombudsperson at the following address: Medicys 73, boulevard de Clichy 75009 Paris. The possibility of mediation does not apply if you are acting in a professional capacity.
4. In case mediation is unsuccessful, or when you are acting in a professional capacity, any dispute arising out of or in connection with the formation, performance and/or interpretation of these ToU shall fall within the exclusive jurisdiction of the French courts of competent jurisdiction.
