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LEGAL NOTICE AND GENERAL CONDITIONS OF USE OF THE GUINOT WEBSITE

 

APPLICABLE AS OF MARCH 29, 2023

 

REQUIREMENTS

 

GUINOT SAS welcomes you to its website Guinot

 

The user confirms that he/she has read, understood and accepted the entire legal notice and general conditions of use (hereinafter referred to as "General Conditions of Use" or "GCU") before using the site and undertakes to respect them. In the case of minor users, their parents or guardians are deemed to have accepted these terms and conditions on their behalf.

 

1. IDENTIFICATION

 

This website, is published by GUINOT SAS, a simplified joint stock company with a capital of 10,200,000 euros (€), whose registered office is located at 120, avenue Charles de Gaulle, 92200 NEUILLY-SUR-SEINE, registered in the NANTERRE Trade and Companies Register under number 632 041 877 (hereinafter "GUINOT").

 

The Director of Publication of the Site is Mr. Jean-Daniel Mondin, in his capacity as CHAIRMAN.

 

The Site was designed and produced by GUINOT. The website is the exclusive property of GUINOT

 

The Site is hosted by OVH SAS, a company whose headquarters are located at 2, rue Kellermann - 59100 Roubaix - France, registered in the Lille Metropole Trade and Companies Register under number 424 761 419.

 

2. GENERAL INFORMATION - PRESENTATION AND CONTENT OF THE SITE

 

Access to the Site, its use and its content are subject to the present General Terms of Use. Any access and continued browsing of the Site entails the express and unreserved acceptance of all of these Terms of Use by the person visiting and/or using the Site (hereafter the "User").

 

The version of these Terms of Use currently online is the only one that can be enforced during the entire period of use of the Site and until a new version replaces it. The General Conditions of Use may be modified at any time and without notice by GUINOT. The General Conditions of Use are deemed to be accepted without reservation when you connect to the Site.

 

The information, data, content and functionalities appearing on the Site are given for information purposes only and may be revised at any time without notice. GUINOT has the right, without prior notice to the User, to make any changes it deems necessary.

 

GUINOT does not guarantee in any way that the contents, data and information accessible on the Site are exact, precise, exhaustive or updated. GUINOT also reserves the right, without prior notice to the User, to modify or improve, suspend or delete existing features or add new features.

 

Access to the Site and its use are reserved for strictly personal use. The User agrees not to use the Site and the information or data contained therein for commercial, political or advertising purposes or for any form of commercial solicitation.

 

Users are not authorized to create a hypertext link to the Site and/or any page of the Site and/or any file contained therein without the prior written consent of GUINOT. In this case, GUINOT cannot be held responsible for the content of third party websites presenting such a hypertext link. GUINOT reserves the right to request the removal of any link that it deems to be inconsistent with the purpose of its site.

 

3. CREATION OF A PROFESSIONAL ACCOUNT

 

By creating an account in our space reserved for professionals, you agree that we collect, use and disclose your personal data for purposes related to your request. The information collected is subject to computer processing intended to facilitate the relationship between you and GUINOT.

 

4. INTELLECTUAL PROPERTY

 

GUINOT is the sole owner of all intellectual property rights relating to the Site (such as in particular all its contents, models and functionalities, its general structure, software, texts, animated or still images, sounds, video sequences, know-how, creations, drawings, illustrations, logos, graphic elements, trademarks and other distinctive signs, presentations, articles, files available for downloading, etc. and, more generally, all elements reproduced or used on the Site) and to any document or element generated by the use of the Site or has, where applicable, validly acquired the rights for such exploitation.

 

The User has an individual and private, non-exclusive and non-transferable right of use. The representation, reproduction or exploitation in any manner whatsoever of all or part of the Site and/or its elements or contents, by any process and in any form whatsoever, as well as any use of the Site for purposes other than its strictly individual and private consultation, without the express and prior authorization of GUINOT, is prohibited and constitutes an infringement punishable by the Intellectual Property Code and/or an offence likely to engage the civil and criminal liability of its author. The General Conditions of Use do not imply any transfer or license of any intellectual property right to the benefit of the User other than the right to use the Site in accordance with all the provisions of the General Conditions of Use.

 

The fact that GUINOT does not initiate proceedings as soon as it becomes aware of unauthorized use does not imply acceptance of said use and waiver of proceedings.  

 

5. HYPERTEXT LINKS

 

It is possible to create a link to the presentation page of this Site without the express authorization of GUINOT, provided that this Site is displayed in a new browser window and that - Mention the source which will point directly to the content in question by means of a hypertext link. - Use the information only for personal, associative or professional purposes. Any use for commercial or advertising purposes is excluded, except with the prior written consent of GUINOT. - The Internet site linking to the content of this Site must not disseminate information of a controversial, pornographic or xenophobic nature or which could, to a greater extent, undermine the integrity of GUINOT. GUINOT reserves the right to request the removal of any link that it deems to be inconsistent with the purpose of its Site. GUINOT cannot be held responsible for the layout or content appearing on or obtained through these sites.

 

6. ACCESS TO THE SITE

 

To access the Site, the User must have Internet access. GUINOT undertakes to use all reasonable efforts to ensure that the Site is accessible to Users at all times, except during periods of maintenance or for any other reason beyond the control of GUINOT. GUINOT does not guarantee uninterrupted access to the Site. Access to the Site may be slowed or temporarily interrupted. GUINOT may at any time suspend, interrupt or limit access to all or part of the Site, restrict access to the Site, or to certain parts of the Site, to a specific category of Internet user, for technical reasons, due to a failure or disruption of telecommunications systems beyond GUINOT's control or due to necessities related to the service and in particular in order to ensure maintenance of GUINOT's servers, maintenance and updating of the Site, etc., or when GUINOT notes a fault in the Site. or when GUINOT notices a security breach that could seriously compromise the security of GUINOT's data and/or server. GUINOT cannot be held responsible for this.

 

GUINOT cannot be held responsible for any failure, breakdown, difficulty, slowdown or interruption in operation, preventing access to the Site or to any of its features and does not guarantee uninterrupted access to the Site. 

 

7. PERSONAL DATA

 

The data and information that the User transmits to GUINOT, in particular by browsing the Site or in any form, includes personal data, the collection and processing of which by GUINOT are presented in the personal data processing policy accessible on the Site (hereinafter the "Policy"). By accessing and continuing to navigate on the Site, the User declares that he/she has read the Policy.

 

It can be consulted by clicking on the following link: Protection of personal data

 

In accordance with the General Data Protection Regulation, the User has, subject to compliance with the legal obligations imposed on GUINOT in the context of its activity, a right of access, limitation, deletion, modification and rectification of information concerning him/her; he/she also has a right to object to the processing of his/her personal data. To exercise these rights, the User must send his request to the following address: dpo@guinot.com or to the address of the registered office indicated above.

 

8. TRACKING FILES (COOKIES)

 

When a User visits the Site, a "Cookie Management" banner warns him/her of the presence of cookies and invites him/her to accept or refuse them, cookie by cookie. A cookie is a small text file deposited on the User's terminal (notably computer, smartphone or tablet) when visiting a website. It allows the browser to be identified during your visit and thus retain some of your information. To learn more about the use of these cookies, we invite you to consult our Policy.

 

9. THIRD PARTY WEBSITES  

 

The Site may contain links, promotional or otherwise, to third party websites and social networking sites that are not owned or controlled by GUINOT. These links are provided solely for the convenience of the user of this Site. They are activated under the sole responsibility of the User. GUINOT cannot be held responsible for any material, immaterial or moral prejudice, direct or indirect, for any reason whatsoever, which may result from the activation of hypertext links available on the Site.

 

The existence of a link to or from the Site does not constitute validation of the third party site or its content by GUINOT. GUINOT assumes no responsibility for the content, offerings or other materials available, privacy policies or practices of third party websites and shall not be responsible for any problems encountered on any other sites to which links are established, or for any information published on such sites, nor for the consequences of their use. By using the Site, the User accepts that GUINOT cannot be held responsible for the use of third party websites and social networks. By clicking on a link to a third party website, the User understands that he/she is leaving the Site governed by these Terms of Use and accepts that GUINOT does not control these third party websites. In particular, GUINOT cannot guarantee that a third party site adheres to the same security and privacy practices as those of GUINOT. GUINOT cannot be held responsible for the use that may be made of Users' personal data by these sites. GUINOT recommends checking the privacy policies of all service providers that Users use.

 

In addition, the Site may promote certain third party products and/or services by inserting advertising banners or any other advertising or promotional element and may also engage in cross-marketing operations with any partner of its choice. GUINOT is not responsible for the third party products or services thus promoted. The placement of such links or reference to any information, articles or services provided by a third party cannot and should not be construed as an express or implied endorsement by GUINOT of such sites and materials or their contents. 

 

10. LIMITATION OF LIABILITY - USER'S OBLIGATIONS

 

GUINOT shall in no event be liable to any person for any direct or indirect damage caused to the User, third parties and/or the User's equipment, including without limitation, viruses, computer defects or malfunctions, fraudulent intrusion by a third party loss of goodwill or profits, revenue, opportunity, data, any errors, omissions, losses or delays, whether caused by, related to, or as a result of the use of the Site or any content or other material accessible or downloaded from the Site. GUINOT does not warrant in any way that the Site is free of malicious computer code, including but not limited to computer viruses. GUINOT cannot be held responsible for any damage or loss of data caused by malicious computer code.

 

The User is solely responsible for the use of the Site, all of its features and all data and information that he/she communicates or transmits on the Site and for any other action on his/her part on the Site and, in particular, when filling in any online form.

 

The User warrants to GUINOT that its activity on and via the Site will not be contrary to any applicable law or regulation and GUINOT shall not be liable for any activity of the User on or via the Site and/or for any direct or indirect damages arising from the User's use of the Site and all of its data.

 

The User guarantees GUINOT against any claim or action by third parties in this respect.

 

The User acknowledges and agrees that GUINOT has no obligation to monitor or control the data and information transmitted by the User on the Site.

 

The User agrees not to directly or indirectly disparage the Site and/or GUINOT's services as well as GUINOT on social networks and any other means of communication. It is the responsibility of each User to take all measures to ensure the protection of data and software stored on his or her computer, in particular against contamination by viruses or spyware that could be introduced by third parties via the Internet.

 

The User acknowledges that data circulating on the Internet is not protected against possible misappropriation. The communication of any information deemed by the User to be of a sensitive or confidential nature is done at his/her own risk.

 

The User declares that he/she accepts the characteristics and limits of the Internet, and in particular acknowledges that GUINOT assumes no responsibility for the services accessible via the Internet and exercises no control whatsoever over the nature and characteristics of the data that may pass through its server center.

 

The User undertakes to use the services of the Site as well as all the information to which he/she may have access only for purposes that comply with public order, good morals and the rights of third parties. The User acknowledges in particular that the data circulating on the Internet may be regulated in terms of use or be protected by property rights.

 

The User is solely responsible for the use of the data he consults, queries and transfers on the Internet.

 

The User undertakes not to commit any act that could jeopardize the computer security of the Site or the computer systems of other users.

 

The User agrees not to interfere with or interrupt the normal operation of the Site. Any content downloaded is done at the user's own risk and under his/her sole responsibility. Consequently, GUINOT cannot be held responsible for any damage to the User's computer or any loss of data resulting from downloading. Access to the Site may require the use of personal access codes. These means of authentication are personal and confidential. You must keep them secret and you may of course change them at any time. GUINOT reserves the right to take legal action against any offending User in order to obtain compensation for the damage caused to him/her.

 

Any guarantee of quality or suitability for a specific purpose is expressly excluded.

 

The User is fully aware of the provisions of the present article and in particular of the aforementioned limitations of liability, which are essential conditions of the present general conditions

 

11. APPLICABLE LAW - DISPUTES

 

The law applicable to the General Conditions of Use is French law. They are written in French. In the event that they are translated into one or more languages, only the French text shall be deemed authentic in the event of a dispute. Any claim or dispute arising from the validity, interpretation or execution of the General Conditions of Use shall be submitted to the competent courts of the jurisdiction of the Court of Appeal of Paris, under the conditions of common law.

 

Disputes The present conditions are governed by French law. Any dispute or litigation that may arise from the interpretation or execution of these conditions, and which could not be resolved amicably, will be submitted to the competent courts. The reference language for the settlement of any disputes is French.

 

Consumer mediation The consumer is informed of the possibility of resorting to consumer mediation for disputes that may arise concerning the sale of our products. You have in your capacity of consumer and this, in accordance with the article L612-1 and following of the Code of consumption, of a right of recourse near the CMAP to the following address email: consommation@cmap.fr or by postal way:

 

CMAP, Service Médiation de la consommation 39 avenue Franklin D. Roosevelt 75008 Paris

 

Any consumer referring to CMAP must be able to prove, beforehand, that he/she has tried to resolve his/her dispute directly with our company GUINOT.

 

12. MODIFICATIONS

 

These notices may be modified at any time by GUINOT, in particular in order to comply with any changes in French and European legislation and regulations.