1/ Preliminary statement
3/ Personal space
5/ Statement relative to the data protection act of 6 January 1978
6/ Statement relative to the collection of “Cookies”
7/ Exemption from liability of the operator as part of the execution of this contract
8/ Intellectual property right to the elements published on this website
9/ Modifications of general terms
10/ Applicable law and competent jurisdiction
11/ Amiable settlement of litigation
13/ Non Waiver
1/ Preliminary statement:
a/ Legal statement :
This website (after “this website”) is edited by the society CENDIAL (hereinafter “the operator”), Simplified Share company (SSC) with a capital of 60 000 Euros, registered with the Register of Commerce and Companies of Boulogne-Sur-Mer under the number B32993510000068 with headquarters at BP28, ZAC des pins-Transmack, 62730 Marck.
The operator can be contacted by phone at 03.21.46.51.00 or by email to the following address firstname.lastname@example.org.
N° of TVA intercommunity: FR 4632995100
This website is hosted by COTEO whose headquarters are established in Calais and can be contacted by phone at the following number 03.21.19.79.79
The operator is Patrick Guery, the editor is Pascal Queugnet
Access to this website is free for every surfer aged over 18 and of age according to the law operative in his country of residence. Its aim is to present the activity of the operator and the products available on sale in its stores in France.
It also enables members to send information indicating the products they plan to buy on their next visit on the store.
c/ Acceptance of the general conditions
“I have read and accepted the general conditions of use of the website”
Ticking this box will deem have the same effect as a handwritten signature. The surfer recognizes the value of evidence of automatic recording system of the operator of this website and, with the exception of evidence to the contrary, he waives his right to challenge in the case of litigation.
Acceptance of general terms by the surfer supposes the surfer is aged over 18 years old or of age according to the law operative in his country of residence and has the juridical capacity required for this.
Alcohol abuse is dangerous for health, to be consumed with moderation. The sale of alcohol is strictly prohibited to minors.
The present website is neither an online shopping site nor a booking site. It nevertheless allows members and future customers to indicate to the operator by means of an online enquiry form, products which they plan to buy on their next visit to the shop.
The completion of the online form can in no way be considered as the passing of an order or a reservation. The collected information will simply permit the operator to manage stock, to avoid as far is possible out of stock products.
Products sold in store are marketed in accordance with the legislative and regulatory provisions operative in France. The operator cannot be held responsible for non-compliance with regulations and laws operative in other countries
3/ Personal space:
a/ Space creation :
The creation of a personal space is a prerequisite for using the services of this website. To this end, members will be invited to provide some personal information. The member is committed to providing accurate information under penalty of termination of contract.
Some information will be essential to the contract and its collection will be essential for the creation of a personal space and validation of the information form. The refusal by a member to provide such information will effectively prevent the creation of a personal space and incidentally, validation of the information form.
b/ Operation :
This space permits the member to indicate to the operator products they plan to purchase shortly through a form to fill in online and to benefit from a loyalty program.
The operator will not be held responsible for personal data lost in the member’s personal space due to technical failure of this website or force majeure.Data is collected for information only. The operator is committed, however to keep secure all contractual elements whose conservation is required by law or current regulations.
The operator reserves the exclusive right to delete the account of any member who is in breach of these terms and conditions (including, but not exclusively, where the member has knowingly provided false information during his registration and creation of his personal space.) or any account inactive during at least one year. This removal is without prejudice for the excluded member.
This exclusion does not prevent the operator from initiating legal proceedings against the member, when deemed necessary.
During the creation of a personal space, the user is invited to choose a password. This password constitutes a confidentiality warranty of the information content of “my account” which the user will not divulge, transmit or communicate to any third party. In the event of non-compliance the website cannot be held responsible for the unauthorized access to the user’s account.
4/ Editor Newsletter
By ticking the corresponding box or giving expressly their agreement to this end, members agree that the operator can send them at a frequency and format of its choice, a newsletter (information letter) that can include information relative to the activity.
When users tick the box provided for this purpose they agree to receive commercial offers from the editor’s site for products and services similar to that the surfer is planning to buy in the stores.
Subscriber members have the ability to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each newsletter (information letter).
5/ Statement relative to the data protection act, of 6 January 1978
Surfers have the option of providing personal information concerning themselves. Providing information is not essential for navigation on the website, however the inscription on the website supposes the collection, by the operator, of an amount of personal information concerning its use. Surfers who don’t wish to provide information necessary to the creation of a personal space cannot use services proposed by the website operator and validate their information.
Data collected is necessary for the proper administration service proposed on the website. This data is retained by the operator only in this quality, and the operator agrees to not use them in another context or transmit them to third parties, except with the express consent of user or as provided by the law.
Details of all users registered on this website are stored for a maximum duration of 6 month from the removal of personal space, deemed reasonable time necessary for the proper administration of the website and a normal use of the data. This data is conserved under secure conditions, with current technology, in compliance with the data protection act of 6 January 1978.
b/ permission to access, rectification and opposition :
In accordance with the latter, users have a right of access to interrogate, and rectify the data they have provided. For that, they have just to make a request to the operator of the website by email to email@example.com, or by mail to the editor’s headquarters noted at the beginning of the general conditions.
Data collected is restricted to the exclusive use of the operator
Data management is the responsibility of Stéphane Bernard, whose contact information is given at the beginning of the general conditions.
Data collected is not subject to any transfer abroad.
Declarant number 1150412
c/ IP address :
Furthermore, the operator reserves the right to collect public IP addresses (internet protocol). Collection of the IP address will be made anonymously; it will be conserved by the same way as personal information and will be destined to the proper administration of the services offered on the website. The IP address is a series of numbers allowing the identification of a computer on the network.
The operator will communicate any data relative to a surfer to the police or any authorized person on juridical requisition. The IP address of every computer can be associated with a subscriber whose identity can be confirmed by the ISP (Internet Service Provider).
6/ Statement relative to the “cookies” collection:
a/ Generality-finality-duration :
To permit at all surfers an optimal navigation on this website and a better functioning of different interfaces and applications, the operator will use the implantation of cookies on the user’s computer. This cookie permits the collection of information relative to the navigation on the website (page, date, hour as well as any data entered by the surfer during their visit (login, email, password, research). This cookie is retained on the user’s computer for a variable period up to one year and can be read and used by the operator during a subsequent visit by the surfer on the website.
b/ Right to object the implantation of cookies :
Users have the ability to block, change the shelf life or delete this cookie via the interface of the browser (generally: tools or options/ confidentiality or private life). In such a case, the navigation on this site cannot be optimized. If systemic disabling of a cookie on the user’s browser prevents the use of certain services or features provided by the operator, the operator declines any & all responsibility for any restrictions thus caused.
c/ Deleting the cookies :
Surfers also have the ability to delete the present cookie previously implanted on the computer by going to the browser menu. (generally: tools or options/ private life or confidentiality). Such an action has no effect on the browsing on the website, but will lose all users’ advantages brought by the cookie. In that case, they will need to re-enter information previously supplied.
7/Exemption from liability of the operator as part of the execution of this contract
In the case of impossibility of access to the website, due to a technical or other problem of any kind, surfers and members cannot claim any compensation.
Insofar where the different services made available to the surfer and member on this website are free, the operator will not be held to any obligation toward them, concerning the availability and the proper functioning of these services.
Any dysfunction or interruption of this service does not constitute a prejudice for the surfer or user who cannot claim any compensation thereby.
This website is not an online shopping site or a booking site. Unavailability, even extended and without limitation of duration, of one or more products, cannot constitute a prejudice for users, or members and can in no case result in a granting of damages or compensation from the website or the operator.
Visual representations of the products published on the website are guaranteed by the operator as true likenesses, in order to satisfy his obligation of accurate information. However, with the current state of technology, the result of its representation in particular in terms of shape and color can vary significantly from one computer to another or differ to reality depending on the quality of graphics accessories and the display resolution. The operator will not be held responsible for any variations and differences thus caused.
Products sold in the stores are commercialized in accordance with legislative disposition and regulations operative in France; the operator cannot be held responsible for non-compliance with regulations and law operative in other countries.
Hypertext links present on this website can direct to other websites and the operator of this website cannot be held responsible if the content of these websites contravenes operative regulations. Similarly the operator’s responsibility cannot be engaged if the visit by the surfer to one of these websites is detrimental.
8/Intellectual property right to elements published on this website:
All elements present on this website are the property of the operator and are by quality of this fact protected by legislation relative to the intellectual protection.
Surfers and members recognize that, in absence of authorization, all copy total or partial and every distribution or exploitation of one or more of these same elements, even modified, are susceptible to lawsuits to be brought by the operator or his representatives.
This protection will cover all text and graphic content of the site including its structure, its name and its graphic charter.
9/ Changing of general terms:
10/ Applicable law and competent jurisdiction:
The present general terms are subject to the application of French law and the exclusive competence of the jurisdiction ____________. The contract language is French.
11/ Amicable settlement of litigation:
Unless provision of public order is involved, any litigation that may arise in connection with the execution of these present general terms can, before any legal action, be submitted for the consideration of the website operator for an amicable settlement without prejudicing the time limits for instituting legal actions.
If any clause of these general terms were declared null by a judiciary decision this nullity cannot entail the nullity of all others clauses, which will continue to be in effect.
The operator reserves the right, for any reason, to overrule any clause of the general terms, on either a temporary or a permanent basis.
Such action will in no case overrule the remaining general terms.