TERMS AND CONDITIONS OF USE
The BACK2SLEEP sales interface is designed to put registered buyers in touch with each other registered buyers to purchase medical devices.
In our terms and conditions of use, the following terms used with a capital letter and indifferently in the singular or plural, have the following meanings:
TZ.C.U.: refers to the present general terms and conditions of use of the accessible Site;
Product(s): refers to any item(s) offered by the Company as a principal or accessory and the object of an order by the Client;
Site: shall designate the Company's website accessible at the following address:
Company: refers to BACK2SLEEP, a simplified joint-stock company whose head office is located at 188 rue de RIVOLI 75001 PARIS, with a capital of 150,000 Euros, registered with the RCS of PARIS under the number 914 906 268;
User: any Internet user having access to the Company's Site by any means whatsoever.
ARTICLE 1. SCOPE OF APPLICATION
The present terms and conditions apply, without restriction or reserve, to the use of the services and technological tools made available to Users by the Company.
These tools allow Users to register on the sales interface, to be put in contact with the Company, to order products, to pay the price, to confirm receipt and to communicate with the Company if necessary.
Sales made through the Company's interface are concluded directly between the User and the Company.
These T.C.U. are accessible at any time on the Site and will prevail, if necessary, over any other version or any other contradictory document.
As these T.C.U. may be subject to subsequent modifications, the version applicable to Users is the one in force on the Site on the date the order is placed.
The modifications of these T.C.U. are opposable to the Users as from their on-line publication and cannot apply to the transactions concluded previously.
1.1. Access to the sales interface
The sales interface is normally accessible to Users twenty-four (24) hours a day, seven (7) days a week.
The sales interface is accessible free of charge to any User with internet access. All software and hardware necessary for the use or operation of the Site's services, access to the Internet or connection costs are at the User'sexpense. He is solely responsible for the proper functioning of his computer equipment and his Internet access.
The French language is available on the sales interface.
The Company cannot be held liable in the following cases (including in the event of damage suffered by third parties):
- momentary interruptions of the Site necessary for its evolution, maintenance, or more generally in the event of updating certain files which may be carried out without prior notice to the User;
- possible breakdowns and maintenance operations necessary for the proper functioning of the Site which may be carried out without prior notice to the User;
- operating difficulties or temporary interruption of the Site beyond the control of the Company, particularly in the event of interruption of electricity or telecommunications services;
- failures or malfunctions or unavailability of the Internet network, particularly in the transmission of messages or documents;
- deletion, impossibility of storage, incorrect or untimely transmission of the editorial content appearing on the Site;
- force majeure as defined in Article 1218 of the French Civil Code.
The User declares that he/she accepts the characteristics and limits of the Internet and, in particular, acknowledges :
- that he/she is aware of the nature of the Internet, in particular its technical performance and the response times for consulting and querying the editorial content of the Site.
- that it is up to him/her to take all necessary measures to ensure that the technical characteristics of his/her computer allow him/her to consult the Site.
- that it is up to the user to take all appropriate measures to protect his/her own data and/or software from contamination by any viruses circulating on the Site.
1.2. Personal account
The User may create a personal account involving the use of a login and a password. A specific access is reserved for them in the "Personal Area" section, also involving the use of a login and a password allocated by the Company.
The password and user name are personal and confidential.
It is the User's responsibility to take all necessary measures to protect this data.
Thus, the User acknowledges that the communication of any access codes, and specifically of his login and password or, in general, of any information deemed confidential, is carried out under his own and full responsibility.
The Company undertakes to put in place all the means at its disposal to guarantee the security and confidentiality of the data thus transmitted.
When registering online, the User undertakes to provide accurate, up-to-date and complete information on his identity and not to infringe the rights of third parties. In particular, the User undertakes not to use a false or misleading identity that could mislead the Company or third parties. If the User fails to do so, the Company reserves the right to suspend immediately, without notice or compensation, his/her personal account or to refuse him/her access to it temporarily or permanently. The User is required to provide a valid email address and to update his personal data.
The period of validity of a personal account is indefinite.
However, the Company reserves the right to automatically delete, without notice or compensation, any personal account that has not been activated for more than ninety (90) consecutive days from its creation or not used for twelve (12) months.
Similarly, the Company reserves the right to automatically delete, without notice or compensation, any personal account in the event of serious and/or repeated violation(s) by the User of the provisions of these T.C.U..
Any connection or order on the Site via a personal account will be presumed to have been made by the owner of the said personal account and under his exclusive responsibility. Consequently, the Company shall in no way be held responsible for the prejudicial consequences for the User resulting from illicit, fraudulent or abusive use of his/her login and password and the ordering of Products by a third party not expressly authorised by the User.
The Site consists of a public area and a personal account area, each of which is accessible under certain conditions and/or restrictions. Access to the public area of the Site allows the User to use the sales interface as a customer. Access to the personal account area of the Site offers, among other services, the possibility of ordering, tracking orders, etc. .... It requires the creation of a personal account beforehand.
ARTICLE 2. SECURITY
The Company undertakes to make its best efforts to secure access, consultation and use of the Site in accordance with the rules of use of the Internet.
The Site is subject to a security system (SSL encryption process, reinforcement of scrambling and encryption processes) aimed at protecting all sensitive data linked to payment methods as effectively as possible.
Bank details are transmitted in one go when paying by credit card online. This transmission is carried out in a secure manner thanks to data encryption using SSL (Secure Socket Layer) technology. As soon as the Client chooses the credit card payment method and connects to a page using this protocol, the following dialogue box is automatically displayed.
At any time, the Client can check that he is on a secure page by observing the address of the page and the status bar displayed at the bottom of the browser window. The address of a page secured by the SSL protocol begins with a padlock followed by https and not by http (the letter "s" is added).
Finally, when the Client leaves the secure page, a new dialogue box warns him, unless he has set his browser to block this display.
ARTICLE 3. CONSERVATION AND ARCHIVING
The computerised files kept in the Company's computer systems under reasonable security conditions shall be considered as proof of the various transmissions of information between the User and the Company, enabling the latter to carry out the processing requested by the User.
The archiving of this data is carried out on a reliable and durable medium so as to correspond to a faithful and durable copy, in accordance with Article 1379 of the Civil Code.
The data recorded and kept by the Company constitutes proof of all transactions between the Company and its Users. In the event of a conflict between these computerised files and any document from the User, the Company's computerised files shall take precedence over the User's documents and shall alone be accepted as proof.
The Company keeps on its server hosting the Site, as well as on a backup server, the contracts concluded electronically with the Users for a period of ten (10) years from the date of delivery of the Product and/or Service.
ARTICLE 4. COMMENTS, REVIEWS, COMMUNICATIONS AND OTHER CONTENT
A User may post comments as long as such content is not illegal, obscene, abusive, threatening, defamatory, libelous, infringing on intellectual property rights, or harmful to third parties or objectionable. The User may not use a false e-mail address, impersonate any person or entity, or lie about the origin of any credit card or content.
If you post customer reviews, you grant the Company, (a) a non-exclusive, royalty-free license to use, reproduce, publish, make available, translate and modify such content worldwide (including the right to sublicense such rights to third parties); and (b) the right to use the name that you used in connection with such content. No moral rights are transferred by virtue of this licence.
ARTICLE 5. REPORTING UNLAWFUL CONTENT
Any person may, in the presence of an illegal or abusive content, request the removal of it to the Provider subject to compliance with the conditions set by Article 6-I-5 of the law for confidence in the digital economy.
To do this, it is necessary to send to the Company, whose head office is located at 188, rue de RIVOLI, 75001 PARIS a registered letter with acknowledgment of receipt specifying:
- The date of notification ;
- If the notifying party is a natural person: surname, first names, profession, domicile, nationality, date and place of birth;
- If the notifier is a legal person: legal form, name, registered office and the body which legally represents it;
- The description of the disputed facts and their precise location (URL address);
- The reasons why the content must be removed, including the legal provisions and the factual justifications;
- A copy of the correspondence addressed to the author or publisher of the contentious content requesting its interruption, withdrawal or modification, or the justification that the author or publisher could not be contacted.
For more rapidity, this letter may be sent at the same time by e-mail to the following address: email@example.com
The Company informs the Users that the fact, for any person, of presenting a content as being illicit with the aim of obtaining the withdrawal of it or to make cease the diffusion of it, whereas he knows this inaccurate information, is punished by a penalty of one year of imprisonment and fifteen thousand euros (15.000 €) of fine.
However, the Company shall retain the power to assess the illicit nature of the content thus notified. Thus, it may refuse to remove a content in the absence of a court decision ordering it to remove the litigious remarks.
The Company shall only be liable for content if it does not act promptly on a request to remove clearly illegal content.
ARTICLE 6. INTELLECTUAL PROPERTY
The content of the Site and of all services and technological tools made available is the property of the Company and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly forbidden and is likely to constitute an infringement of copyright.
ARTICLE 7. RESPONSIBILITIES OF THE USER
The User undertakes to make lawful use of the Site or the services and technological tools made available, in accordance with the legal and regulatory provisions in force and the present terms and conditions.
The User undertakes not to publish, distribute, store or transmit any illicit content that is harmful to :
- to persons, whether they are other Users or third parties;
- intellectual or industrial property rights;
- public order and morality;
- to make any offensive remarks about other Users or the Company.
The User assumes full editorial responsibility for the content published on the Site.
Consequently, the Company shall not be liable in any way for the content published, broadcast or transmitted by the User, nor for the target content.
Without prejudice to the damages that may be claimed from the User in the event of non-compliance with these T.C.U., the Company reserves the right to remove, at any time, access to the Site from the offending User.
ARTICLE 8. PARTIAL NULLITY
If one or more of the stipulations herein are held to be invalid or declared as such in application of a law, a regulation or a final decision of a competent court, the other stipulations shall retain all their force and scope.
ARTICLE 9. APPLICABLE LAW
They are written in French. In the event that they are translated into one or more languages, only the French text shall be deemed authentic in the event of a dispute.