LEGAL NOTICE & TERMS OF USE
Preamble – Legal information
Propriétaire : Dimitri BERNARD – SAS with capital of €30,000– 1 rue Ramon Castell Rossello, 66330 Cabestany
Numéro SIRET : 93426666900019
Numéro immatriculation RCS : 93426666900019
Créateur : Dimitri BERNARD
Responsable publication : Dimitri BERNARD – info@fire-safety.fr
Webmaster : Dimitri BERNARD – info@fire-safety.fr
Hébergeur : o2switch company, whose head office is located at Chemin des Pardiaux, 63000 Clermont-Ferrand.
1- Definitions
The words below, whose first letter is capitalized, will be defined as such in these terms and conditions of use:
Site(s) : designates the present site published by FIRE SAFETY: www.fire-safety.fr ;
User(s) : refers to the Internet user(s), natural person(s) and/or legal entity(ies), browsing and using the Site;
General Conditions of Use or “GCU” : define the present conditions of use;
Privacy Policy : defines the rules governing the use of Users’ personal data. The Privacy Policy details the use made of the User’s personal data, as well as the rights the User has over this data. It can be accessed by clicking on the following link.
2- Purpose
The aim of the Site is to offer a complete technological logistics and transport solution for e-merchants. FIRE SAFETY works with leading logisticians and transporters to offer Users the best conditions and quality of service on the market.
3- Acceptance of the Terms of Use
The purpose of these GCU is to provide a legal framework for the terms and conditions governing the provision of the Site in all its functionalities and their use by the User.
Consultation, browsing and use of the functionalities offered by the Site imply the User’s automatic acceptance of the entirety of the GCU. The User is requested to read them prior to each order.
In this respect, the User placing an order for one of the services offered by FIRE SAFETY is deemed to have previously read and accepted the GCU as well as those of any partners of FIRE SAFETY in their entirety.
These Terms and Conditions are intended to govern the relationship between the User of the Site and FIRE SAFETY. FIRE SAFETY reserves the right to modify the GCU, if it deems necessary. The User is subject to the terms and conditions of FIRE SAFETY in force at the time of use of the Site.
In the event of non-acceptance of these GCU, the User must renounce access to the functionalities offered by the site.
In the event that any provision of the TOS should, for any reason whatsoever, prove to be inapplicable, null or invalid, the withdrawal of such provision shall not affect the validity and enforceability of the remaining provisions of the TOS as a whole.
4- Ability & behavior of the User
The User confirms that he/she is over eighteen (18) years of age and has the legal capacity to accept these GTU.
The User undertakes to comply with the provisions of the present Terms and Conditions as well as those of any eventual partners of FIRE SAFETY; it being specified, however, that FIRE SAFETY cannot be held liable in any way whatsoever for the provisions specified in the general terms and conditions of its partners, who remain solely responsible for their editorial line.
In addition, the User undertakes not to disrupt or hinder the proper operation of the Site, including but not limited to not interfering with any third-party intellectual property rights. In this respect, the User undertakes not to undermine the integrity of the Site, and not to collect personal information about another User.
The User undertakes to provide the exact information required to use the Site, on his behalf, as well as any third party borrowing his data. All data collected on the Site with a view to the execution of the services offered by FIRE SAFETY, constitute admissible and opposable evidence between the parties within the framework of legal proceedings.
Furthermore, the User undertakes not to usurp the identity of another User of the Site, and to respect the privacy of others.
The User agrees to make strictly personal use of the FIRE SAFETY Services.
The User who has obtained access to the Site, and more particularly to his customer account on the Site, acknowledges that each FIRE SAFETY user account, user name and password, are strictly personal; the User undertakes not to divulge them to any third party. The User undertakes not to assign or transfer the user account, username and password to any third party, whether a natural or legal person. The confidentiality and reliability of the password and user name are the sole responsibility of the User. FIRE SAFETY shall under no circumstances be held liable in the event of unauthorized access by third parties to personal or confidential data concerning a recipient transmitted or stored during use of the Site by the User.
The User agrees to provide any proof of identity if FIRE SAFETY deems it reasonably appropriate and necessary.
The User undertakes to use the Site in accordance with its purpose, including but not limited to not using the Site for the purpose of harming a third party.
The User agrees not to copy or distribute the content of FIRE SAFETY, in any manner whatsoever, without the prior written consent of its managers.
5- Use of the Site & Liability
The User can browse the site or connect to his customer account using his strictly personal login and password.
The User thus connected must follow the steps as described and complete all the information necessary for the execution of one or other of the services offered by FIRE SAFETY.
It is the sole and entire responsibility of the User to provide all information in a fair, complete and correct manner, in order to allow FIRE SAFETY and its partners to carry out the proposed services. FIRE SAFETY declines all responsibility in the event of errors in the information communicated by the User or the User, whose responsibility will be engaged if the information communicated proves to be erroneous and does not allow FIRE SAFETY to carry out the proposed services. The User thus undertakes to bear any financial consequences resulting from erroneous, false or incomplete information. Likewise, in the event that the User has provided an erroneous or incomplete address that does not allow the proper execution of the transport services ordered, the latter shall be deemed to have been executed.
The first time the User connects to the Site, it is understood that he/she fully and unreservedly accepts the general terms and conditions of sale. Each order validation constitutes an electronic signature of equivalent value to a handwritten signature.
FIRE SAFETY guarantees the strict confidentiality of data transmitted by the User.
FIRE SAFETY cannot guarantee the continuity of operation of its Site, which may be subject to modification, piracy, technical difficulties, errors, bugs or anomalies, and cannot be held civilly or criminally liable. However, in the event of one or other of these hypotheses, FIRE SAFETY will make its best efforts as quickly as possible to make all necessary corrections.
FIRE SAFETY cannot guarantee the compatibility of its Site with particular hardware or installation configurations. FIRE SAFETY cannot be held responsible for any malfunction attributable to incompatible installations or third-party software.
FIRE SAFETY cannot be held responsible for the content of websites to which it has provided a link on the Site. In the event of proven illicit content, or content contrary to good morals (without this list being exhaustive), FIRE SAFETY undertakes to remove the link as soon as possible.
FIRE SAFETY will not be liable for any damages arising out of the use of (or inability to use) the Site (except for death or personal injury), including damages caused by malware, viruses or any inaccuracy or omission of information, unless the damages result from a deliberate act or gross negligence of FIRE SAFETY.
Furthermore, FIRE SAFETY disclaims all liability resulting from damages arising from the use (or inability to use) electronic means of communication with the Site, including damages arising from failure or delay in the transmission of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and the transmission of viruses.
6 – Privacy policy
For any questions relating to the collection and processing of the User’s personal data, the Site’s privacy policy is available here.
Neither FIRE SAFETY nor the User will disclose to anyone any confidential information concerning the activity, business, customers, clients or suppliers of the other party, except to :
- its employees, officers, agents, subcontractors or consultants who need to know such information in order to perform the party’s obligations under the agreement. Each party shall ensure that its employees, officers, representatives, subcontractors or consultants to whom it discloses the other party’s confidential information comply with this clause; and
- as required by law, a court of competent jurisdiction or any governmental or regulatory authority.
Neither party will use another party’s confidential information for any purpose other than the performance of its obligations under the Agreement.
7- Intellectual property
All elements of the Site, including but not limited to photographs, graphics, images, codes, layouts, texts, illustrations and tree structures, are the exclusive intellectual property of FIRE SAFETY.
By virtue of the provisions of article L. 122-4 of the French Intellectual Property Code, and whether for commercial or non-commercial purposes, the representation, adaptation, redistribution, nesting or reproduction, in whole or in part, and, more generally, any unauthorized use, and derivative work, of all elements of the Site, are unlawful.
“FIRE SAFETY” is a registered trademark. Any use of its name or logo requires the prior agreement of its owners, under penalty of application of articles L. 713-2 et seq. of the French Intellectual Property Code.
The User undertakes to respect all of FIRE SAFETY’s intellectual property rights and is liable to prosecution, including but not limited to the offence of counterfeiting (the penalties for which are set out in articles L. 335-2 et seq. of the French Intellectual Property Code), and to civil and criminal liability.
8- Applicable law and jurisdiction
These GCU are governed by French law.
The User who wishes to file a complaint with regard to the Site, agrees to inform FIRE SAFETY beforehand, who agrees to provide its best efforts to settle the dispute amicably.
If no agreement can be reached, disputes will be referred to the Perpignan Commercial Court.
