ARTICLE 1. PURPOSE OF THE GENERAL CONDITIONS OF USE
The purpose of these general conditions of use is to provide a legal framework for the terms and conditions under which ZOANTHUS makes available to users (hereinafter the “User") the Site. The conditions define the means of access and use of the Site.
The Site offers for sale equipment and accessories for marine aquariums, freshwater aquariums and garden ponds. The sale of these products requires the creation of an account (hereinafter the “Customer account), accessible to any natural person acting for personal purposes.
Any order placed on the Site will thus be governed by the general conditions of sale and the legal notices available on the Site.
ARTICLE 2. ACCESS TO THE SITE
The equipment (computers, telephones, software, means of telecommunications, etc.) allowing access to the Site are the responsibility and exclusive responsibility of the User of the Site, as are the telecommunications costs incurred by their use.
The User undertakes, each time they use the Site, to adopt normal and reasonable behavior and not to hinder, in any way, its proper functioning.
The User undertakes in particular not to:
- disrupt, slow down, block or alter the normal flow of data exchanged during the use of the Site ;
- accelerate the pace of scrolling of the contents of the Site in such a way that its functioning is modified or altered ;
- commit any other action having an equivalent disruptive effect on the functionality of the Site ;
- fraudulently access, maintain, obstruct or disrupt the access systems of the Site.
The User is solely responsible for the conservation and use of his access codes. Unless proven otherwise, any connection to the Site or transmission of data made using the User's access codes will be deemed to have been made by the latter.
Consequently, the User undertakes to keep his access codes secret and refrains from disclosing them in any form whatsoever to third parties. Furthermore, the User has the obligation to explicitly disconnect at the end of each session.
The User is therefore solely responsible for all financial consequences resulting from the use of the Site in his own name but on behalf of third parties.
The User undertakes to put in place control systems adapted to technical developments to avoid any “piracy” of the Site and in particular to avoid illicit use or contrary to the general conditions of use of all or part of the information and reproductions appearing on the Site in any manner and in any form whatsoever.
It is up to the User to inform ZOANTHUS as soon as they become aware of a “hack” and in particular of any illicit or non-contractual use of all or part of the Site, regardless of the distribution method used.
Likewise, the User must inform ZOANTHUS without delay if he notices a security breach linked in particular to the voluntary communication or misappropriation of identifiers and passwords, so that ZOANTHUS can immediately take any appropriate measures with a view to fix the security breach.
In the event of a security breach noted by ZOANTHUS, likely to compromise the security of the Site, ZOANTHUS may proceed, without notice, to a temporary interruption of the services in order to remedy the security breach as quickly as possible.
ARTICLE 3. TERMS OF OPENING AND CLOSING OF THE CUSTOMER ACCOUNT
1. Creation of the CUSTOMER Account
To access ZOANTHUS services and be able to order products, the Customer must have created a Customer Account by providing the following information:
- his email address,
- his password and a password confirmation,
- his/her last name, first name and title,
- his date of birth
and click on “SAVE”.
When entering the Site, the User must certify that they are at least 18 years old, as no sales are made on the Site to minors.
Once connected to the Site, the Customer remains authenticated for 1 month.
The User undertakes to provide compliant, accurate and complete information as requested in the opening form, to keep it up to date and to communicate any modification without delay.
Creating a Customer Account requires providing a valid email address.
In the event that the User provides false, inaccurate, outdated or incomplete information, ZOANTHUS has the right to refuse the opening of his Customer Account, to suspend or close it, as well as to refuse him, immediately, the execution of its orders and reserves the right to take any useful legal action.
2. Access to the Customer Account
The User is required to define access codes (their email address and a password) which are personal to them when opening their Customer Account.
The User's access codes allow him to identify himself and access his Customer Account and the services present on the Site.
The Customer Account contains personal data. The Customer must ensure that they choose a “strong” password. A good password must contain at least 8 characters and 4 different types: lowercase, uppercase, numbers and special characters.
To avoid cascading hacks, the Customer Account must have a clean and unique password. The Customer must not choose a password that he already uses for another account.
Any attempt to substitute another user's password or username is strictly prohibited.
If you lose your password, the Customer will be asked to enter their identification email address associated with their Customer Account and press “RECOVER”. A confirmation email will then be sent to this address allowing them to reset their password.
3. Closure of the customer account
The User may request the closure of his Customer Account with ZOANTHUS at any time, at no cost other than those for transmitting his request and without reason, by sending an email to the following address: information@ zoanthus.fr. Termination will be deemed to have been made within fifteen (15) working days following receipt by ZOANTHUS of confirmation by email of the request to close the Customer Account concerned, except for orders in progress. In this case, the Account will be closed eight (8) working days after delivery of the last products ordered.
ZOANTHUS reserves the right to suspend and/or terminate automatically, without compensation and without legal formalities, the User's Customer Account in the event of a serious breach by the latter of the general conditions of use and the general conditions of sale. fifteen (15) days after sending, by email, a formal notice asking him to comply, which has remained without effect.
ZOANTHUS also reserves the right to automatically terminate the User's Customer Account subject to giving thirty 30 days' notice after sending a notification by registered letter with acknowledgment of receipt.
The User will be informed by email of the termination of their Customer Account. The data relating to the User will be deleted at their request or at the expiration of the legal deadlines from the termination of their Customer Account or the delivery of their last Order. Accounting information can only be deleted after a period of 5 years.
ARTICLE 4. SECURITY
The Site is subject to a security system. ZOANTHUS has therefore adopted the SSL and 3D Secure encryption process in order to protect all sensitive data linked to means of payment as effectively as possible. Payment for orders is made through the companies Payplug, Oney and Paypal.
ARTICLE 5. GUARANTEE OF OPERATION OF THE SITE AND LIABILITY
ZOANTHUS makes its best efforts to allow access, consultation and use of the Site in accordance with the rules of Internet use.
However, ZOANTHUS cannot guarantee that the Site will be free of anomalies, viruses, errors or bugs, nor that these can be corrected, nor that the Site will operate without interruption or breakdown, nor that it will be compatible with any computer hardware or particular configuration.
The Site is accessible 24 hours a day, 7 days a week, except in the event of force majeure or the occurrence of an event beyond the control of ZOANTHUS and subject to possible breakdowns and maintenance interventions necessary for the proper functioning of the Site.
Maintenance interventions may be carried out at any time without the User having been previously notified.
The User declares to accept the characteristics and limits of the Internet, and in particular its technical performance, response times for consulting, querying or transferring data and the risks linked to communications security.
In this regard, the User acknowledges that:
- it is up to the User to take all appropriate measures to protect their own data and/or software from contamination by possible viruses circulating through the Site ;
- his use of the Site is at his own risk; the Site is accessible “as is” and depending on its availability ;
- the User is solely responsible for any damage suffered by his terminals or any loss of data resulting from downloading or consulting the Site ;
- the User is solely responsible for his use of the Site ;
- the communication of any information deemed confidential is made under the responsibility of the User ;
- it is up to the User to take all necessary measures to ensure that any material downloaded by the User or obtained in any other way when using the Site is done at their own risk ;
- the technical characteristics of his equipment allow him to consult the Site.
Consequently and within the limits authorized by law, ZOANTHUS cannot be held responsible for any type of foreseeable or unforeseeable damage, material or immaterial (including loss of profit or opportunity, etc.) suffered by the User and resulting from the use or the total or partial impossibility of using the Site and/or one of the services offered.
ARTICLE 6. INTELLECTUAL PROPERTY
All copyrights, rights to graphic design, representations and trademarks and all other intellectual property rights on any materials or information contained on the Site remain in all circumstances the exclusive property of ZOANTHUS. Nothing in these general conditions of use nor in the content of the Site will be interpreted as directly or implicitly granting any license or right other than that of consulting the Site.
In general, and without this list being considered exhaustive, the User undertakes to:
- use and/or download the information appearing on the Site on its equipment only for exclusively personal use for the User and limited in time ;
- only print the information downloaded on paper on the condition that the copies thus created are intended for personal use only ;
- not copy and/or reproduce all or part of the Site, particularly on another site or a
- internal company network ;
- not reproduce, reuse, summarize, alter, modify, move, extract, replace, store or rebroadcast, represent or preserve, directly or indirectly, on any medium, by any means and in any form whatsoever, all or part of the information and/or reproductions (illustrations, photos, etc.) appearing on the Site and/or the name, logo(s), brand(s) of ZOANTHUS.
ARTICLE 7. MODIFICATIONS
ZOANTHUS reserves the right to modify the content of these general conditions of use unilaterally and at any time without having to first inform the User. The User is therefore advised to refer, regularly, and before any order, to the latest version of the general conditions of use available on the Site and to cease its use in the event of disagreement with the general conditions of use in force.
ARTICLE 8. HYPERTEXT LINKS
The Site may contain hypertext links pointing to other websites over which ZOANTHUS does not exercise control. Despite the prior and regular checks carried out by ZOANTHUS, the latter declines all responsibility for the content that can be found on these sites.
ZOANTHUS authorizes the establishment of hypertext links to any page or document on its Site provided that the establishment of these links is not carried out for commercial or advertising purposes and that ZOANTHUS has expressly given its agreement for the establishment of this link.
ZOANTHUS reserves the right to remove at any time a hyperlink pointing to its Site if it considers it not to be in compliance with its editorial policy.
ARTICLE 9. PERSONAL DATA
Personal data concerning the Customer is necessary for the management of the services associated with his Customer Account and the management of our commercial relations.
ARTICLE 10. JURISDICTION
The interpretation and execution of these general conditions of use of the Site, as well as all acts which may be the result or consequence thereof, will be subject to French law, regardless of the place of delivery of the products, the place of ordering, the nationality of the User and their address.
Any dispute resulting from these and/or from any order which will be addressed to ZOANTHUS and/or from any sale made by ZOANTHUS will be subject to the exclusive jurisdiction of the competent Court of SAINT-ETIENNE even in the event of a warranty claim or plurality of claims. defendants or incidental claim.