ARTICLE 1. PURPOSE
These general terms and conditions of use (“Terms & Conditions of Use”) govern the use of the Website by any user – any natural person who is at least 18 years of age (hereinafter “you”). In particular, they seek to define the conditions under which you can access and navigate the Website and create a customer account.
ARTICLE 2. WEBSITE
The Website is available to any Internet user who meets the conditions in the “Purpose” section hereabove, subject to having an Internet connection.
ARTICLE 3. CUSTOMER ACCOUNT
To access the Website, you must have Internet access, charged at your own expense, and you acknowledge that:
– the reliability of transmissions is uncertain, in particular due to the heterogeneous nature of the infrastructures and networks on which they circulate;
– It is up to You to take any measures that you deem appropriate to ensure the security of your connected device;
– Any device connected to the Website is and shall remain under your full responsibility, OCTÉ’s liability cannot be sought for any direct or indirect damage that may occur as a result of your connection to the Website.
To facilitate the ordering of products on sale on the Website, you must create a Customer Account.
To create your Customer Account, you must fill out a registration form and provide certain personal information about you which is essential for the creation of this account, namely:
– Your title;
– Your full name;
– A valid e-mail address;
– Your chosen password.
By creating your Customer Account, you certify that you are a natural person over the age of 18 years, and of the necessary legal capacity.
In addition, you agree to provide accurate, complete and up-to-date information.
Once your Customer Account has been created, you will receive a confirmation e-mail containing the data provided by you.
Since your password is strictly personal and confidential, it is up to you to keep it secure and never communicate it to anyone else. For as long as it is your sole responsibility to keep and use your password, you shall remain solely liable for all consequences of any use by you or a third party, whether fraudulent or not, of your Customer Account; and you undertake to report any fraudulent use of which you become aware to OCTÉ as soon as possible.
Whenever you log into your Customer Account, you acknowledge that by entering your e-mail address and password, this constitutes identification on your part.
Your Customer Account allows you to:
– view and update the contact details provided when creating your Customer Account: title, surname, first name, e-mail and password;
– view, update and delete a delivery address;
– view the history and details of all of past orders placed on the Website since your Customer Account was created.
To ensure the proper functioning of your Customer Account, you undertake to keep the personal information contained therein up to date.
You may at any time request the deletion of your Customer Account without having to offer any particular reason, in writing to OCTÉ by post or e-mail, to the contact details indicated in the preamble.
The deletion of your Customer Account will be carried out by OCTÉ as soon as possible, once it has received your written request to delete.
Please be advised that OCTÉ may also be required to delete a Customer Account that does not have an order in progress, to comply with personal information protection regulations.
ARTICLE 4. OCTÉ LIABILITY
OCTÉ undertakes to make every endeavour to ensure the best possible access, security and proper functioning of the Website.
However, by browsing the Website, you acknowledge that you are aware of the characteristics and limitations of the Internet, in particular its technical performance, the response times to view, query or transfer data, and the risks associated with the security of communications.
Notwithstanding the care and effort taken on its Website, OCTÉ does not guarantee the Website to be free from anomalies or errors, that these can be corrected, that the Website will operate without interruption or breakdown, that malfunctions attributable to third-party software, whether or not they are embedded into the Website or provided with it, shall occur, nor that the Website is compatible with the nature or configuration of your connection device.
You acknowledge that you are solely responsible for your use of the Website and that OCTÉ accepts no liability for:
– disadvantages or damage inherent in the use of the Internet, in particular where access to the Website is suspended or interrupted due to an incident, problem on the line, service interruption, power failure, external intrusion, presence of computer viruses or corrupted files, maintenance or updates to the Website, breach of Website data or unauthorised access;
– damage of any kind, foreseeable or unforeseeable (including loss of data, benefits, turnover, business, opportunity, savings, profits, etc.) arising from the use or inability to access the Website in whole or in part, or from the use you may make of it in violation of these Terms & Conditions of Use.
ARTICLE 5. YOUR RESPONSIBILITY
By accessing the Website, you must not:
– Collect, in any manner whatsoever, information about other visitors to the Website, without their express prior written consent;
– Disrupt or attempt to disrupt the operation of the Website, disseminate viruses or any other technologies that may harm OCTÉ and other visitors to the Website, saturate or overload the server, attempt to probe, scan or test the vulnerability of a system or network, or violate security or authentication measures without the express prior written approval of OCTÉ;
– Use robots, spiders or scrapers, or any other automatic process to access the Website, for any reason whatsoever;
– Transfer your Customer Account to a third party without the express prior written consent of OCTÉ.
ARTICLE 6. INTELLECTUAL PROPERTY
All intellectual property rights relating to both the structure and the content of the Website, and in particular the graphics, text or visual elements, images, sounds, videos, photographs, logos, trade marks, distinctive signs, tools, software, documents and data (hereinafter collectively referred to as: “the Elements”) are the exclusive property of OCTÉ or, where applicable, its partners, and have in that case been the subject of an express prior authorisation for reproduction and representation by the rights owner.
The Elements are made available to you free of charge, for the sole use of the Website and in the normal use of its features.
When accessing and using the Website, you undertake to respect the intellectual property rights of OCTÉ and its partners, under penalty of incurring your personal liability and exposing yourself to civil and/or criminal proceedings.
Reproducing, representing, publishing, transmitting, modifying, using, adapting, translating, distributing, transferring, exploiting or extracting all or part of the Elements, in any manner whatsoever, for commercial or non-commercial purposes without the express prior written consent of OCTÉ is prohibited.
Notwithstanding the preceding paragraph, you may download a copy of certain parts of the Website to a personal computer and/or print out, exclusively for your personal and non-commercial use and subject to you not making any changes to the Elements copied.
ARTICLE 7. HYPERLINKS
Hyperlinks from the Website
The Website may contain hyperlinks that redirect to websites operated by third parties. These links are provided for informational purposes only. OCTÉ has no control over these websites and assumes no liability as regards the access, content or use of these sites, nor in relation to any damage that may result from viewing the information contained therein; the decision to activate these hyperlinks shall remain your exclusive responsibility.
Hyperlinks to the Website
No hyperlink may be created to the Website without the express prior written consent of OCTÉ.
If you intend to create a hyperlink that redirects to the Website, regardless of the media, you must first e-mail OCTÉ in order to obtain its express, prior agreement.
ARTICLE 8. APPLICABLE LAW – JURISDICTION
These Terms & Conditions of Use are subject to French law.
Please be advised that in the event of a dispute, you have recourse to consumer mediation as provided for in our terms and conditions.
Should any dispute arising out of the application of these Terms & Conditions of Use not be amicably resolved with OCTÉ, the French courts shall have exclusive jurisdiction under the rules of the French Code of Civil Proceedings.
ARTICLE 9. BREACH OF THESE TERMS AND CONDITIONS OF USE
Where OCTÉ finds you in breach of any of the provisions of these Terms & Conditions of Use, the legal provisions in force or the rights of third parties, and after a written notice to comply has gone unheeded for more than eight days, unless there are serious reasons justifying the absence of notice or the application of shorter notice, OCTÉ reserves the right to temporarily or permanently restrict, suspend or prohibit your access to the Website and your Customer Account.
ARTICLE 10. CHANGES TO THE WEBSITE AND TERMS & CONDITIONS OF USE
OCTÉ reserves the right, at any time and without prior notice, to modify the rules of operation of the Website, to alter or delete all or part of its content, as well as to temporarily or permanently interrupt its accessibility, in particular in order to carry out any correction, maintenance or update.
OCTÉ reserves the right, at any time and without prior notice, to modify the content of these Terms & Conditions of Use; modifications thus made are applicable as soon as they are posted on the Website. Therefore, you are advised to regularly check these Terms & Conditions of Use.
ARTICLE 11. RIGHT OF ASSIGNMENT
OCTÉ reserves the right to assign to third parties, in whole or in part, the rights and obligations arising from these Terms & Conditions of Use, provided that it assigns them in the same terms or, at the very least, in terms that are no less advantageous to you.
ARTICLE 12. MISCELLANEOUS
If any of the stipulations of these Terms & Conditions of Use is declared invalid or unenforceable under any law or regulation, or as a result of a final court ruling, then they shall be deemed void, however, the other stipulations shall remain in force.
The fact that OCTÉ does not, at any time, invoke one of the stipulations of the Terms & Conditions of Use cannot be interpreted as a waiver of its right to invoke these.