We will hereinafter designate:
- « Site » or « Service » : the site https://www.beyond-the-dust.fr and all of its pages.
- "Editor" : Beyond The Dust, legal or natural person responsible for the editing and content of the Site.
- " User " : the Internet user visiting and using the Services of the Site.
These General Terms and Conditions of Use (hereinafter the “T&Cs”) are offered by the Site Editor. The User of the Site is invited to read these T&Cs carefully, to print them and/or save them on a durable medium. The User acknowledges having read the T&Cs and accepts them in full and without reservation.
ARTICLE 1 – APPLICATION OF THE TOS
The purpose of these T&Cs is to define the conditions of access to the Site by Users. The Publisher reserves the right to modify the T&Cs at any time by publishing a new version of them on the Site. Les CGU applicables à l’Utilisateur sont celles en vigueur au jour de son acceptation.
The Site is open and free to all Users. The acquisition of a product or service, or the creation of a member area, or more generally browsing the Site implies acceptance, by the User, of all of these T&Cs, who recognizes by the same fact to have taken full knowledge of it.
The User recognizes the value of proof of the automatic registration systems of the Publisher of this Site and, except for him to provide proof to the contrary, he renounces to contest them in the event of a dispute.
The acceptance of these T&Cs assumes on the part of the Users that they have the legal capacity necessary for this. If the User is a minor or does not have this legal capacity, he declares to have the authorization of a guardian, a curator or his legal representative.
ARTICLE 2 – LEGAL NOTICES, PERSONAL DATA AND PURPOSE OF THE SITE
This Site is edited by Mélanie Jaytener. The legal information concerning the host and the Publisher of the Site, in particular the contact details and any capital and registration information, are provided in the legal notices of this Site.
Information concerning the collection and processing of personal data (policy and declaration) is provided in the personal data charter of the Site.
The purpose of this Site is determined as "online sales site".
ARTICLE 3 – MEMBER AREA
The User registered on the Site (member) has the possibility of accessing it by logging in using their identifiers (e-mail address defined when registering and password) or possibly by using systems such as connection buttons. third party social networks. The user is entirely responsible for the protection of the password he has chosen. It is encouraged to use complex passwords. If the password is forgotten, the User has the option of generating a new one. This password constitutes the guarantee of the confidentiality of the information contained in its “my account” section and the User is therefore prohibited from transmitting it or communicating it to a third party. Otherwise, the Site Editor cannot be held responsible for unauthorized access to a User's account.
The creation of a personal space is an essential prerequisite for any order or contribution by the User to this Site. To this end, the User will be asked to provide a certain amount of personal information. He undertakes to provide accurate information.
The purpose of data collection is to create a “member account”. If the data contained in the member account section were to disappear following a technical breakdown or a case of force majeure, the responsibility of the Site and its Publisher could not be engaged, this information having no probative value. but only informative. The pages relating to member accounts are freely printable by the holder of the account in question but do not constitute proof, they have only an informative character 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 this, he must send an e-mail to Beyond The Dust indicating that he wishes to delete his account. No recovery of his data will then be possible.
The Publisher reserves the exclusive right to delete the account of any User who has contravened these T&Cs (in particular, but without this example having any exhaustive character, when the User has knowingly provided erroneous information, when their registration and the creation of their personal space) or any account that has been inactive for at least a year. Said deletion will not be likely to constitute damage for the excluded User who will not be able to claim any compensation as a result. This exclusion does not exclude the possibility for the Publisher to take legal action against the User, when the facts have justified it.
ARTICLE 4 – ACCESS AND AVAILABILITY OF THE SITE
The Publisher makes its best efforts to make the Site 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 kind, the User may not claim damages and may not claim any compensation.
The Site Editor is only bound by an obligation of means; its liability cannot be engaged for damage resulting from the use of the Internet network such as loss of data, intrusion, virus, service interruption, 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 for information only, with imperfections, errors, omissions, inaccuracies and other ambiguities that may exist. In any case, Beyond The Dust can in no way be held responsible:
- any direct or indirect damage, in particular with regard to loss of profits, loss of earnings, loss of customers, of data which may, among other things, result from the use of the Site, or on the contrary from the impossibility of its use ;
- malfunction, unavailability of access, misuse, improper configuration of the User's computer, or the use of a browser little used by the User.
ARTICLE 5 – HYPERTEXT LINKS
The Site may include hypertext links to other sites.
The User therefore acknowledges that the Publisher cannot be held liable for any proven or alleged damage or loss, resulting from or in connection with the use or with the fact of having read the content, advertising, products or services available on these sites or external sources. Similarly, the Publisher of this Site cannot be held liable if the User's visit to one of these sites causes him harm.
If, despite the Publisher's efforts, one of the hypertext links present on the Site pointed to a site or an Internet source whose content was or did not appear to comply with the requirements of French law to a User, the latter undertakes to immediately contact the director of publication of the Site, whose contact details appear in the legal notices of the Site, in order to communicate to him the address of the pages of the third party site in question.
ARTICLE 6 – COOKIES
A “Cookie” can allow the identification of the User of the Site, the personalization of his consultation of the Site and the acceleration of the display of the Site thanks to the recording of a data file on his computer. The Site may use "Cookies" mainly to 1) obtain browsing statistics in order to improve the User's experience, and 2) allow access to a member account and to content that does not is not accessible without login.
The User acknowledges being informed of this practice and authorizes the Site Editor to use it. The Publisher undertakes never to communicate the content of these “Cookies” to third parties, except in the event of a legal requisition.
The User can refuse the registration of “Cookies” or configure his browser to be warned before accepting “Cookies”. To do this, the User will configure his browser:
- Internet explorer http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies
- Safari https://support.apple.com/fr-fr/ht1677
- Google Chrome https://support.google.com/chrome/answer/95647?hl=fr&hlrm=en&safe=on
- Firefox https://support.mozilla.org/fr/kb/activer-desactiver-cookies
- 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 Publisher or to a third-party agent, or are used by the Publisher on the Site with the authorization of their owner.
Any representation, reproduction or adaptation of logos, textual, pictographic or video content, without this list being exhaustive, is strictly prohibited and is similar to counterfeiting..
Any User who would be guilty of infringement would be likely to see his access to the site removed without notice or compensation and without this exclusion being able to constitute damage to him, without reserve of possible subsequent legal proceedings against him, initiative of the Publisher of this Site or its agent.
The trademarks and logos contained in the Site may be registered by Beyond The Dust, or possibly by one of its partners. Any person carrying out their representations, reproductions, nestings, diffusions and reruns incurs the penalties provided for in articles L.713-2 and following of the Intellectual Property Code.
ARTICLE 8 – RESPONSIBILITY
The Publisher is not responsible for the publications of Users, their content and their veracity. The Publisher can in no way be held responsible for any damage that may occur on the User's computer system and/or the loss of data resulting from the use of the Site by the User.
The Publisher undertakes to constantly update the content of the Site and to provide Users with fair, clear, precise and updated information. The Site is in principle permanently accessible, except during technical maintenance and content update operations. The Publisher cannot be held liable for damages resulting from the unavailability of the Site or parts of it.
The Site Publisher cannot be held liable for technical unavailability of the connection, whether due in particular to a case of force majeure, maintenance, updating, modification of the Site, an intervention by the host, an internal or external strike, a network failure, or even a power cut.
The Publisher cannot be held responsible for the non-functioning, impossibility of access or malfunctions of the Site attributable to unsuitable equipment, improper configuration or use of the User's computer, malfunctions of the services of the User's access provider, or those of the Internet network.
ARTICLE 9 – NOTIFICATIONS AND COMPLAINTS
Any notification or opinion concerning these T&Cs, the legal notices or the personal data charter must be made in writing and sent by registered or certified mail, or by email to the address indicated in the legal notices of the Site, specifying the contact details. , surname and first name of the notifier, as well as the subject of the notice.
Any complaint related to the use of the Site, the Services, the pages of the Site on any social networks or the T&Cs, the legal notices or the personal data charter must be filed within 365 days of the date of origin of the problem giving rise to a claim, regardless of any law or rule of law to the contrary. In the event that such a claim has not been filed within the following 365 days, such claim will forever be inapplicable in court.
It may be possible that there are, throughout the Website and the Services offered, and to a limited extent, inaccuracies or errors, or information that is in disagreement with the T&Cs, the legal notices or the charter of personal data. In addition, it is possible that unauthorized modifications may be made by third parties to the Site or to related Services (social networks, etc.).
In such a situation, the User has the possibility of contacting the Publisher of the Site by post or by email at the addresses indicated in the legal notices of the Site, with if possible a description of the error and the location (URL) , as well as sufficient contact information.
ARTICLE 10 – INDEPENDENCE OF THE CLAUSES
If any provision of the TOS is deemed 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 the remaining provisions.
The T&Cs supersede 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 TOS and any notices given in electronic form may be requested in legal or administrative proceedings relating to the TOS. The parties agree that all correspondence relating to these T&Cs must be written in the French language.
ARTICLE 11 – APPLICABLE LAW
These T&Cs are governed by and subject to French law.
Except for public order provisions, any disputes that may arise in the context of the execution of these T&Cs may, before any legal action, be submitted to the Site Editor for assessment with a view to an amicable settlement.
It is expressly recalled that requests for amicable settlement do not suspend the time limits open for bringing legal action.
Unless otherwise provided, of public order, any legal action relating to the execution of these T&Cs shall be subject to the jurisdiction of the courts within the jurisdiction of the place of residence of the defendant.
All rights reserved – June 26, 2020