"User": the Internet user visiting and using the Site's Services.
These General Terms and Conditions of Use (hereafter the "GTCU") are proposed by the Site Publisher. The Site User is invited to read these Terms and Conditions of Use carefully, to print them and/or to save them on a durable medium.
The User acknowledges having read the Terms and Conditions of Use and accepts them in full and without reservation.
Les présentes Conditions Générales d'Utilisation (ci-après les « CGU ») sont proposées par l'Éditeur du Site. L'Utilisateur du Site est invité à lire attentivement ces CGU, à les imprimer et/ou à les sauvegarder sur un support durable. L'Utilisateur reconnaît avoir pris connaissance des CGU et les accepte intégralement et sans réserve.
Article 2 - Application of the Terms and Conditions of Use
The purpose of these Terms and Conditions of Use is to define the conditions of access to the Site by Users. The Publisher reserves the right to modify the Terms and Conditions of Use at any time by publishing a new version of them on the Site. The GCU applicable to the User are those in force on the day of acceptance.
The Site is freely accessible to all Users. The acquisition of a product or service, or the creation of a member area, or more generally browsing on the Site implies the User's acceptance of these Terms and Conditions in their entirety, who acknowledges having read them in full.
This acceptance may consist, for example, of the User ticking the box corresponding to the sentence of acceptance of these Terms and Conditions of Use, for example, with the words "I acknowledge having read and accepted all of the general terms and conditions of the Site". The fact of ticking this box will be deemed to have the same value as a handwritten signature on the part of the User.
The User acknowledges the evidential value of the automatic registration systems of the Publisher of this Site and, unless he or she provides proof to the contrary, he or she waives the right to contest them in the event of a dispute.
Acceptance of these Terms and Conditions of Use implies that Users have the necessary legal capacity to do so. If the User is a minor or does not have this legal capacity, he or she declares that he or she has the authorisation of a tutor, curator or his or her legal representative.
Article 3 - Legal information, personal data and purpose of the Site
This Site is published by Purple Store, a company registered in Luxembourg (under number B232323). The legal information concerning the host and publisher of the Site, in particular the contact details and any capital and registration information, is provided in the legal notice of this Site.
Information concerning the collection and processing of personal data (policy and declaration) is provided in the Site's personal data charter.
The purpose of this Site is determined as an "information and online sales site".
Article 4 - Member Space
The User registered on the Site (member) has the possibility to access it by logging in using his identifiers (e-mail address defined during registration and password) or possibly by using systems such as third party social network login buttons. The user is entirely responsible for protecting the password he or she has chosen. He is encouraged to use complex passwords. If the User forgets the password, he/she has the possibility to generate a new one. This password is a guarantee of the confidentiality of the information contained in the "my account" section and the User therefore refrains from transmitting it or communicating it to a third party. Failing this, the Site Publisher cannot be held responsible for unauthorised access to a User's account.
The creation of a personal space is an essential prerequisite for any order or contribution by the User on this Site. To this end, the User will be asked to provide a certain amount of personal information. He or she undertakes to provide accurate information.
The purpose of data collection is the creation of 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 Site and its Publisher cannot be held liable, as this information has no probative value but is only of an informative nature. The pages relating to member accounts are freely printable by the holder of the account in question but do not constitute proof in any way, they are only of an informative nature intended to ensure efficient management of the service or contributions by the User.
Each User is free to close their account and data on the Site. To do so, he must send an e-mail to Purple Store 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 TOS (in particular, but without this example being exhaustive, when the User has knowingly provided erroneous information when registering and setting up his personal space) or any account that has been inactive for at least one year. The said deletion will not be liable to constitute damage for the excluded User, who will not be able to claim any compensation as a result. This exclusion is not exclusive of the possibility, for the Publisher, to take legal action against the User, when the facts have justified it.
Article 5 - Access and availability of the Site
The Publisher makes its best efforts to make the Site accessible at all times, 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 problems of any kind, the User may not claim any damages and may not claim any compensation.
Access to the famous-cbd.fr site is reserved for adults over 18 years of age.
The Site Publisher is bound only by an obligation of means; it may not be held liable for any damage resulting from the use of the Internet such as loss of data, intrusion, viruses, interruption of service, 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 purposes only, with imperfections, errors, omissions, inaccuracies and other ambiguities that may exist. In any event, 321 CBD cannot be held liable under any circumstances:
for any direct or indirect damage, in particular with regard to loss of profits, loss of earnings, loss of customers, loss of data which may result from the use of the Site, or on the contrary from the impossibility of its use;
a malfunction, unavailability of access, misuse, misconfiguration of the User's computer, or the use of a browser little used by the User.
Article 6 - Hypertext links
The Site may include hypertext links to other sites.
The User therefore acknowledges that the Publisher shall not be held liable for any damage or loss, whether proven or alleged, resulting from or in relation to the use of, or in connection with the use of, or the fact of having become aware of, the content, advertising, products or services available on these external sites or sources. Likewise, the Publisher of this Site cannot be held liable if the User's visit to one of these sites causes him/her any harm.
If, despite the Publisher's efforts, one of the hypertext links present on the Site points to a site or Internet source whose content was or appeared to be non-compliant with the requirements of French law, the User undertakes to contact the Site's publication director immediately, whose contact details are given in the Site's legal notice, in order to inform him/her of the address of the pages of the third-party site in question.
Article 7 - Cookies
A "Cookie" can be used to identify the User of the Site, to personalise his or her consultation of the Site and to speed up the display of the Site by saving a data file on his or her computer. The Site is likely to use "Cookies" mainly to 1) obtain navigation statistics in order to improve the User's experience, and 2) allow access to a member account and to content that is not accessible without connection.
The User acknowledges that he/she is aware of this practice and authorises the Site Publisher to use it. The Publisher undertakes never to communicate the content of these "Cookies" to third parties, except in the event of legal requisition.
The User may refuse the registration of "Cookies" or configure his browser to be warned before accepting "Cookies". To do so, the User will proceed to configure his browser:
For Internet Explorer: http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies
For Safari: https://support.apple.com/fr-fr/ht1677
For Google Chrome: https://support.google.com/chrome/answer/95647?hl=fr&hlrm=en&safe=on
For Firefox: https://support.mozilla.org/fr/kb/activer-desactiver-cookies
For Opera: http://help.opera.com/Windows/10.20/fr/cookies.html
Article 8 - Intellectual property rights
All the elements of the present Site belong to the Publisher or to a third party representative, or are used by the Publisher on the Site with the authorisation of their owner.
Any representation, reproduction or adaptation of logos, text, pictographic or video content, without this list being exhaustive, is strictly forbidden and is tantamount to counterfeiting.
Any User who is guilty of counterfeiting is liable to have his or her access to the site removed without notice or compensation and without this exclusion constituting a damage, without prejudice to any subsequent legal proceedings against him or her, at the initiative of the Publisher of this Site or his or her representative.
The trademarks and logos contained in the Site may be registered by Purple Store or possibly by one of its partners. Any person making their representations, reproductions, imbrications, broadcasts and re-broadcasts is liable to the penalties provided for in articles L.713-2 and following of the Intellectual Property Code.
Article 9 - Liability
The Publisher is not responsible for Users' publications, their content and their truthfulness. The Publisher cannot under any circumstances be held liable for any damage that may occur to the User's computer system and/or 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 accurate, clear, precise and up-to-date information. The Site is in principle accessible at all times, except during technical maintenance and content update operations. The Publisher cannot be held liable for any damage resulting from the unavailability of the Site or parts of it.
The Site Publisher cannot be held liable due to the technical unavailability of the connection, whether it is due to a case of force majeure, maintenance, updating, modification of the Site, intervention by the host, an internal or external strike, a network breakdown, or a power cut.
The Publisher cannot be held responsible for the non-functioning, inability to access or malfunctioning of the Site due to unsuitable equipment, incorrect configuration or use of the User's computer, malfunctions in the services of the User's access provider or those of the Internet network.
Article 10 - Geographical limitation of use
The use of the Site Services is limited to the European Union.
Article 11 - Notifications and complaints
Any notification or notice concerning these TOU, the legal notice 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 notice of the Site, specifying the contact details, surname and first name of the notifier, as well as the subject of the notice.
Any claim related to the use of the Site, the Services, the pages of the Site on any social networks or to the TOS, the legal notice or the personal data charter must be made within 365 days of the day on which the problem giving rise to the claim arose, 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 a claim will forever be inapplicable in court.
It may be possible that inaccuracies or errors, or information that is inconsistent with the TOS, the legal notice or the personal data charter may be found throughout the Website and the Services offered, and to a limited extent. In addition, it is possible that unauthorised modifications may be made by third parties on the Website or on related Services (social networks, etc.).
In such a situation, the User has the possibility to contact the Site Publisher by post or by e-mail at the addresses indicated in the Site's legal notice, with, if possible, a description of the error and the location (URL), as well as sufficient information to enable him/her to be contacted.
Article 12 - Independence of the clauses
If any provision of the TOU is deemed unlawful, void, or for any other reason unenforceable, then that provision shall be deemed severable from the TOU and shall not affect the validity and enforceability of any remaining provisions.
A printed version of the TOU and all notices given in electronic form may be requested in judicial or administrative proceedings relating to the TOU. The parties agree that all correspondence relating to these TOU must be written in the French language.
Article 13 - Applicable law
These TOU are governed by and subject to French law.
Except in cases of public order, any disputes that may arise in the context of the execution of these Terms and Conditions of Use may, before any legal action is taken, be submitted to the Site Publisher for an amicable settlement.
It is expressly recalled that requests for amicable settlement do not suspend the time limits open for taking legal action.
Unless otherwise provided for by public policy, any legal action relating to the execution of these Terms and Conditions of Use shall be subject to the jurisdiction of the courts of the jurisdiction of the defendant's place of residence.