LEGAL NOTICES AND
Applicable from September 2020
[website address] is the official Internet address of the website (hereinafter the “Site”).PUBLISHER (hereinafter the “Publisher”)
Registered capital: 1 354 590,00 €
Registered office: 57, Boulevard Jules Verger – 35800 Dinard – France
Commercial register of Saint-Malo, 402949705
Intracommunity VAT No.: FR13402949705
Phone: 02 99 16 51 50
PUBLICATION DIRECTOR : Yohann BECKER
PUBLICATION MANAGER : Ludivine RAILLAT
HOSTING PROVIDER (hereinafter the “Hosting Provider”)
27 Avenue Franklin Roosevelt
PHOTOGRAPHIC CREDITS [/DESIGN AND PRODUCTION – for a website designed by a service provider]
Phosphea / Emmanuelle Pain / Shutterstock / Groupe Roullier
Applicable from September 1, 2020
“Publisher”: Means the company designated as such in the above legal notices.
“Hosting Provider”: Means the company designated as such in the above legal notices.
“Products”: Means the goods and/or services presented on the Site. These Products are not sold through the Site.
“Site”: Means this website and all pages it contains, available at www.phosphea.com
“User”: Means any natural major person accessing and navigating on the Site regardless of the means and devices used.
These ToU set out the conditions for Users to access and use the Site. Any User undertakes to comply with these ToU which apply and are deemed to have been read and accepted by them on the first visit; the ToU are therefore enforceable on them. Accessible at any time, they are subject to change: the applicable version is the version in force on the Site on the date of the visit of the Site by the User.
Personal data and cookies
Any User is responsible for the data that they disseminate, use and/or transfer on the Site or in relation to the Site and undertakes to comply with the regulations in force, including those relating to clearly unlawful content (obscene content, incitement to racial hatred, pedophilia, etc.) or to the protection of third party rights (intellectual property rights, etc.). The Publisher is not responsible for use of the data and content disseminated, used and/or transferred by the User on the Site or relation to it and any, in particular, which do not comply with the applicable regulations.
Respect of intellectual property
The presentation and content of the Site, together form a work protected by the intellectual property laws in force. The designations or names, logos, trademarks and in particular the trademark of the Products as well as any creations appearing on the Site (drawings, photographs, images, texts, animated sequences, with sound or otherwise and other documents represented) are registered or protected in this respect, and the Publisher is the owner or licensee thereof.
Generally, the User shall refrain from infringing intellectual property rights (copyright, neighboring rights, sui generis rights of the database producer, trademark rights, domain names, etc.) relating to the presentation and content of the Site.
No commercial exploitation, reproduction, representation, use, adaptation, modification, incorporation, translation, marketing, in part or in full of these elements (including those downloadable or copyable) may be made without the Publisher’s prior written consent, except for private use subject to the provisions of the Intellectual Property Code.
Any unauthorized use of any content on the Site, including its name, causes the Publisher harm for which it reserves the right to seek redress, and may constitute infringement, an offense penalized by the Intellectual Property Code.
Technical prerequisites, security and use of the Internet
Although the Site is optimized for use on most devices and using the most common browsers, the Publisher does not guarantee that the Site will function properly on the User’s particular equipment.
The User is informed of the risks and technical difficulties inherent in the Internet and information technology in general which are independent of the Publisher’s will or actions and which may, in particular, result in:
- An inability to access the Site, delays in such access and software or hardware incompatibilities;
- Losses and the pirating or infection of data, in particular, by a virus.
It is the User’s responsibility to take all appropriate measures to protect their own data, credentials and passwords, to keep their system, browser and virus protection software up to date.
The User undertakes not to carry out any technical operations which may affect the integrity, security or availability of the Site, and in particular undertakes not to carry out studies of the source code or reverse engineering.
In no event shall the Publisher be held liable for the risks and difficulties set out above and for their consequences for the User.
The Publisher makes its best efforts to present and maintain up to date and accurate content for Users.
However, all information on the Site, in particular technical, legal and regulatory information, is purely for information purposes and the Publisher disclaims all liability in this regard. Photographs of the Products, accompanying their description, are not contractual and the Publisher disclaims all liability in this regard.. The information available on the Site may not be construed as advice from the Publisher to Users, in particular, in relation to a decision to make a purchase.
In accordance with the regulations in force, the Publisher’s liability regarding the content available on the Site could only be incurred if, after being informed of their illegality under the conditions laid down by law, the Publisher did not make them unavailable promptly.
The Publisher’s liability may only be incurred in respect of the User for acts directly attributable to it causing the User direct and material harm, excluding any indirect harm, loss of data or financial harm, resulting from misuse of the Site or information available on the Site or any sites connected to it, or from its fault, or from acts attributable to a third party.
The Publisher may interrupt access to the Site temporarily or permanently, in particular for legal, technical or maintenance reasons. The Publisher disclaims all liability for any unavailability of the Site, whether temporary or permanent, for whatever reason. The Publisher shall also not be liable for any errors or failures inherent in the information system. In particular, the Publisher may not be held liable for transmission delays, the reliability of data transmissions, access times or any access restrictions on specific networks and/or servers connected to the Internet.
The Publisher disclaims all liability for the content of sites which include a hyperlink to the Site. The User alone is liable for use of the content of sites with a hyperlink to the Site.
Governing law – Jurisdiction
These ToU and the operations arising therefrom shall be governed by French law.
Since the Site is governed by French law, the French courts alone have jurisdiction in the event of a dispute.
Any disagreement that may arise between the User and the Publisher regarding these ToU which cannot be resolved mutually, shall be brought before the competent courts of the Publisher’s registered office.