TERMS & CONDITIONS OF SALE AND USE

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English

GENERAL TERMS AND CONDITIONS OF SALE

Definitions

These General Terms and Conditions of Sale (hereafter, “TCS”) are proposed by Chloé Valette, Auto entrepreneur, registered with the Paris Trade and Companies Register under number 533 774 493 whose headquarters are located in 8 rue de Mulhouse, Paris 75002 (hereafter, “Chloé Valette”)

The following are defined as:

  • Website”: is the website https://store.huskdesignblog.com and all its pages.

  • Products” or “Services”: all the products (physical) and services (benefits) that it is possible to buy or to subscribed to on the Site.

  • Seller”: Chloé Valette, legal or natural person, selling its Products or Services on the Site.

  • Client”: the user, individual or business, purchasing a Product or Service on the Site.

  • Consumer:” in accordance with the definition of the introductory article of the Consumer Code: “all natural persons acting for purposes that are outside the scope of their business, industrial, artisan or liberal activities.”

The user who visit the Site, and is interested in the Products or Services proposed by the Seller, is invited to read carefully the TCS, to print or save them on a durable medium, before proceeding with a purchase on the Site.

The Client recognizes having read the TCS and fully accepting them without reservations.

Article 1 – Application of the TCS and Object of the Site

The Seller reserves the right to modify at any moment the TCS by publishing a new version of the latter on the Site. The TCS applicable to the Client are those in force the day when the purchase on the Site is made.

The legal information concerning the site’s host and its publisher, the collection and processing of the personal data and the terms of use of the Site are supplied in the Terms and Conditions of Use, the legal notices and the policy on data of this Site.

This Site proposes the online sale of home furnishings and decorative objects by Designers.

The Site is free and open to all Clients. The purchase of a Product or Service implies the acceptance, by the Client, of the TCS in their entirety and the Client thus acknowledges having full knowledge of them. This acceptance may consist for example, for the Client, in the ticking of the box which corresponds to the phrasing of the acceptance of these TCS, having for example the reference “I recognize having read and accepted the entirety of the terms and conditions of the Site.” The ticking of this box will be deemed to have the same force as a handwritten signature by the Client.

The acceptance of the TCS implies, on the part of the Client, that he has all the necessary legal capacities to do so. If the Client is a minor or does not have the necessary legal capacities, he declares having the approval of a guardian, a curator or a legal representative.

The Client recognizes the value of the automatic registration system of the Seller and, unless he can bring relevant evidence to the contrary, he waives his right to contest it in case of dispute.

The Publisher puts at the Client’s disposal, on its Website, a confidentiality policy specifying all the information relevant to the use of the personal data collected from the Client by the Publisher and the rights enjoyed by the Client with regards to his personal data. The data confidentiality policy is part of the TCS. The acceptance of these TCS implies the acceptance of the data confidentiality policy.

Article 2 – Creation of a client account

The creation of a “client account” is an essential prerequisite for all purchases made by the Client on this Site. For this purpose, the Client will be asked to supply a certain number of personal information such as his name and last name, his email address, his postal address and his phone number (optional), this list not being exhaustive. As such, the Client undertakes to supply correct information. The Client is responsible for the update of his data. Therefore, he must notify without delay the Seller if a change occurs. The Client is the only one responsible for the veracity, correctness and relevance of the data supplied.

The Client registered on the Site has the opportunity to access it by logging in through his identifiers (email address as chosen at the time of registration and password) or using other systems, such as the log in buttons found on third-party social media websites. The Client is fully responsible for the protection of the password he has chosen. He is encouraged to use complex passwords. If he forgets his password, the Client has the option of generating a new one. This password serves as a warranty of confidentiality of the information contained in the “My Account” section and the Client is thus prohibited from transmitting or communicating it to third parties. Failing that, the Seller cannot be held liable for any unauthorized access to the Client’s Account.

The client account allows the Client to consult all the orders made through the Site. If the data contained in the client account section disappear after a technical failure or in cases of force majeure, the Seller would not incur any responsibility since these data have no evidentiary value, but only an informative one. The pages concerning the client account are freely printable by the owner of the account in question, but do not constitute evidence since they have only an informative character aimed at ensuring the efficient management of the orders and payments made by the Client.

Each Client is free to close his account on the Site. To do so, he must send an email to the Seller indicating that he wishes to close his account. No recuperation of this data would then be possible.

The Seller reserves the exclusive right to close the account of any Client that has violated these TCS (especially and without this example being in any way comprehensive, if the Client has knowingly submitted erroneous information during his registration and during the creation of his personal space) or any account that is inactive for longer than a year. This cancellation cannot give rise to damages on the part of the Client who will not be able to claim compensation because of this fact. This exclusion does not prejudice the Seller’s option to undertake legal action against the Client, if the facts justify it.

Article 3 – Conditions for the submission of the order and description of the buying process

The Product and Services proposed are those featured in the catalog published on the Website. The Products and Services are proposed within the limits of available stock, if applicable, or made to order in most cases. Each Product is accompanied by a description established by the Seller in accordance with the details supplied by the Supplier.

The photos of the Products featured in the catalogue present an accurate picture of the Products and Services proposed, but do not constitute a contractual obligation to the extent that these photos cannot ensure a perfect similarity with the physical Products.

We will define as “Cart” the immaterial object grouping together all the Products and Services selected by the Client on the Site by clicking on the elements in order to buy them. In order to proceed with the order, the Client chooses the Product(s) that he wishes to order by adding them on his “Cart” whose contents can be modified at any moment.

Once the Client deems he has selected and added to his cart all the Products that he wishes to purchase, he will have the possibility, in order to validate is order, to access his cart by clicking on the button provided for this purpose. He will then be redirected to a recapitulative page where he will be communicated the number and characteristics of the Products ordered, as well as the unit price.

If he wishes to submit his order, the Client will have to check the box related to the ratification of these TCS and click on the validation button. The Client will then be redirected on the page where he will have to fill in the order form. In this case, he will have to supply a certain number of personal data concerning him, necessary for the correct handling of his order.

All orders made through the Site must be properly completed and must include all the information necessary. The Client can make changes, corrections, additions and even annul the order up until its submission.

Once the Client has filled in the form, he will be invited to make his payment through the payment methods listed in the section of these TCS pertaining to payment. After a few instants, the Client will receive an email confirming his order and reminding him of the content of his order and its price.

The Products sold remain the property of the Supplier until the complete payment of their price, in accordance with this retention of title clause.

Article 4 – Price and Payment Methods

Unless otherwise mentioned, the prices presented on the catalogue are in Euro net due (VAT not applicable in accordance with Article 293 B of the General Tax Code) and outside any processing and delivery fees.

Chloé Valette reserves the right at any moment to modify the prices and to collect, if applicable, any difference in the VAT applicable to the price of the Products and Service proposed on the Site. Nevertheless, the prices presented in the catalog the day of the order will be the only ones applicable to the Client.

The Client may make an order on the Site and may make the payment through Credit Card, Bank Transfer, or Payal. Payments made by credit card will be made through the secured transaction tools offered by an online payment service provider.

This Site does not have access to any data related to the Client’s payment method. The payment is made directly by the bank or the service provider receiving the Client’s payment. In the event of payment by check or bank transfer, the delivery time specified in the article “Delivery” of these TCS will not begin until the date when the Seller actually receives the payment, and the latter can prove this by any means. The availability of the Products is indicated on the Site, in the fact sheet of every Product.

Chloé Valette will archive the purchase orders and the invoices on a reliable or durable medium constituting an accurate copy. The computerized records will be considered by the parties as evidence of the communications, orders, payments and transactions made between the parties.

Article 5 – Delivery

The delivery time of the Products will be indicated to the Customer by email after placing the order. This period can range from 2 working days to 15 working days.

Products are delivered exclusively in the following geographical areas, except case-by-case request and change:

  • Metropolitan France and Corsica

  • Europe: Germany, United Kingdom, Italy, Spain, Switzerland, Belgium, Netherlands, Sweden, Denmark,

  • Norway

  • Russia

  • North America (United States) and Canada

  • Brazil

  • Asia: Japan, China, South Korea

  • Oceania: Australia

The Company undertakes to provide all material and human efforts to have the Products delivered as soon as possible. These may vary depending on the Customer’s geographical area, the chosen delivery method or the ordered Product.

In case of exceeding the 30-day delivery deadline, except in case of force majeure, the Customer may request the termination of the contract by registered letter with acknowledgment of receipt, after having ordered the Company, according to the same terms and conditions. , to make the delivery within a reasonable additional time, and if the Company has not executed.

In this case, the Customer will be refunded within 30 days if a payment has already been made.

In the event that delivery is impossible due to an error on the address indicated by the Customer, the Company will contact the Customer as soon as possible to obtain a new delivery address and any additional delivery costs will be on client fee.

In addition, the responsibility of the Company can not be engaged for reasons related to the exceeding of delivery times: in periods of high demand, such as holiday season, for delays caused by reasons of force major, ie because of the occurrence of an unforeseeable event, irresistible and beyond his control, for facts attributable exclusively to the carrier responsible for delivery.

The delivery is made, according to the choice of the Customer and according to the prices indicated on the Site: to the address indicated by the Customer during his Order by simple postal way.

Article 6 – Right to Withdraw and Withdrawal Form

In accordance with Article L.221-18 of the Consumer Code, if the right of withdrawal is applicable, the Consumer Client has fourteen (14) work days starting from the date of the receipt of the Product of his order or from the conclusion of the contract for the supply of services, to withdraw. He will have to return all Products that do not suit him and to request an exchange or refund without penalties, with the exception of any return fees, within fourteen days starting from the reception by Chloé Valette of his refund request.

The Product must necessarily be returned in perfect state. If relevant, it must be returned with all accompanying accessories. The Consumer Client may find below a standard form to withdraw from an order made on the Site, to be addressed to Chloé Valette. It is understood that the Client will bear the return costs of the Product in cases of withdrawal, including the return costs for the Product if the Product in question cannot be returned by Post.

If the obligations above are not respected, the Client will lose his right of withdrawal and the Product will be returned at his expense.

The Client is advised to send the product back through a method that allows for the tracking of the package. Otherwise, if the returned package does not get to the Seller, it will not be possible to launch in investigation with postal services in order to request them to locate the latter.

The refund will be made using the same payment method that the Client chose for the initial transaction, unless the Client authorizes the Seller to use another payment method, as long as this other method does not result in additional charges for the Client.

The Seller reserves the right to withhold the refund until reception of the Product or for as long as the Client has not demonstrated that he has sent back the Product, if such evidence has not been shown previously.

In the event that the Product depreciates because of handling other than what is necessary to establish the nature, characteristics and proper functioning of the Product(s), the Client may be held liable.

In accordance with Article L221-5 of the Consumer Code (“Law Hamon”) of June 2014, the Consumer Client can find here below a standard withdrawal form for an order made through the Site:

 

Withdrawal Form

(Please complete and send this form only if you wish to withdraw from the contract)

To be sent to the following email address: support@huskdesignblog.com


 

For the consideration of Chloé Valette,

I/We (*) notify (*) through this, my/our withdrawal from the contract concerning the sale of the product (*)/for the supply of the services (*) below:

Ordered on (*)/received on (*):

Last name(s) of the Client(s):

Address of the Client(s):

Signature(s) of the Client(s): Only if this notification is made in hard copy

Date:

(*) Cross out what does not apply.


 

Article 7 – Exceptions to the Right of Withdrawal

The Site proposes the sale of the following Products for which the right to withdraw of the Consumer Clients cannot be applied, in accordance with Article L.221-28 of the Consumer Code: the right to withdraw does not apply to products that are not pre-manufactured and that are manufactured in accordance with a choice or individual specification of the consumer or pursuant to his personal needs. Are considered excluded from the right to withdraw the following Products shown on the Site’s Catalog:

  • 8 Legged Stool on Wheels

  • Abstract Key Contemporary Rug

  • Bock Translucent Glass Vase

  • Chope Rounded Glass Vase

  • Color Gradient Architectural Chair

  • Court 1 Round Dining Table

  • Dorothy Sculptural Table Lamp

  • Field House Colorful Rug

  • Float Round Side Table

  • Key Court Graphic Rug

  • Layered Dune Wall Mirror

  • Lexan Transparent Coffee Table and Console

  • Neotenic Lounge Chair

  • Ocean Travertine Console, Coffee Table, Side Table

  • Pannier Wired Vases

  • PARA(D) Outdoor Lounge Chair

  • Portrait Entryway Mirror

  • Ridge Wooden Stool and Side Table

  • Sofia Contemporary Table Lamp

  • Stacks Fabric Bench

  • Sunset Embedded Round Rug

  • Track Curved Modern Rug

  • Track Glass Dining Table

  • Tubular Modern Bookshelf – small and large

The Client acknowledges having read this list, notified before the sale through these TCS.

The Services that begin immediately after purchase and that are fully executed before the end of the withdrawal period do now allow the Client to benefit from his right of withdrawal, if he has expressly renounced his right of withdrawal. The right of withdrawal cannot be exercised in the context of digital content not provided on a physical medium whose execution began before the end of the withdrawal period with express waiver of the Customer’s right of withdrawal.

Article 8 – Product Guarantee

Legal Provisions to Be Reproduced

Under the legal guarantee of conformity, the consumer disposes of a period of two years starting from delivery of the product to act; he can choose between the repair or replacement of the asset, subject to the cost conditions foreseen in Article L.217-9 of the Consumer Code; with the exception of second-hand goods, he is not required to prove the existence of a lack of conformity of the asset in the six months that follow the delivery of the asset, delay raised to 24 months starting from March 18, 2016.

The legal guarantee of conformity is applied independently of any commercial guarantee granted.

The consumer may decide to implement the guarantee against latent defects of the sold products within the meaning of Article 1641 of the French Civil Code, unless the seller has stipulated that he is not obligated toward any guarantees; in the case of the implementation of this guarantee, the buyer has the right between the resolution of the sale or the reduction of the sale price in accordance with Article 1644 of the Civil Code. He disposes of a two-year period starting from the discovery of the defect.

The postponement, suspension or interruption of the subscription cannot have the effect of bringing the extinctive limitation period beyond twenty years from the date of the entering into effect of the right in accordance with Article 2232 of the Civil Code.

All items purchased on this site enjoy the following legal guarantees, as foreseen by the Civil Code;

Legal Guarantee of Conformity:

In accordance with Articles L.217-4 and following of the Consumer Code, the Seller is obligated to deliver an item in accordance with the contract concluded with the Consumer Client and to respond for any non-conformities that exist during the issuance of the Produce. The Guarantee of Conformity may be exercised if a defect exists already on the day of taking possession of the Product. Nevertheless, when the defect appears within 24 months following this date (or within 6 months if the order took place before March 18, 2016 or the Product sold is second-hand), the product fulfils this condition. But, in accordance with Article L.217-7 of the Consumer Code, “The seller may refute that presumption if it is incompatible with the nature of the product or the non-conformity invoked.”

However, after this delay of 24 months (or 6 months if the order took place before March 18, 2016 or the Product sold is second-hand), it will be up to the Client to prove that the defect existed from the moment that he took possession of the Product.

In accordance with Article L.217-9 of the Consumer code: “In the event of lack of conformity, the buyer shall choose between repair and replacement of the product. The seller may nevertheless elect not to proceed in accordance with the buyer’s choice if that choice gives rise to a manifestly disproportionate cost compared with the other option given the value of the product or the seriousness of the defect. He is then required to proceed with the option not chosen by the buyer, unless this proves impossible.”

Legal Guarantees Against Latent Defects

In accordance with Articles 1641 and 1649 of the Civil Code, the Client may demand the exercise of the guarantee against latent defects if the defects that have arisen did not appear during the purchase, were made prior to the purchase (and thus did not result from the normal use of the Product, for example) and are sufficiently grave (the defect must either make the product impossible to use in the way it is meant to be used, or must diminish its use to such degree that the buyer would have not bought the Product or would have not paid the same price if he had been aware of the defect).

The claims, exchange or refund requests made for a non-compliant Product must be made by post or by mail through the addresses indicated in the legal notices of the site.

In case of non-conformity of the delivered Product, it can be returned to the Seller that will proceed with its exchange. In case such exchange is impossible (Product is obsolete, out of stock, etc.) the Client will be refunded by check or bank transfer of the amount of his order. The fees of the exchange or refund procedure (particularly return freight charges) will then be paid by the Seller.

Article 9 – Costumer Service

The customer service of this Site is accessible by email at the following address: support@huskdesignblog.com or by post by the address indicated in the legal notices.

Chloé Valette puts also at the disposal of its Clients, on the Website, an Online chat and a hotline, or phone assistance, to answer their questions.

Phone assistance may be reached by phone at +33689694252 (paid number for 0,34 Euros/min).

Article 10 – Liability

The Seller, Chloé Valette, will not be held liable for the non-execution of the contract concluded if such non-execution is caused by an event of force majeure.

With regards to the Products purchased, the Seller shall not incur any liability for any consequential damages because of the present ones, including trading loss, loss of profit, damage or expenses, which could occur.

The choice and purchase of a Product or Service are made at the sole responsibility of the Client. The full or partial inability to use the Products, specifically in cases of physical incompatibility, cannot give rise to compensation, refunds or questioning of the Seller’s liability, except in case where a latent defect, non-conformity, malfunction has been found or the right of withdrawal has been exercised, if applicable, that is if the Client is not a Consumer Client and the current contract for the purchase of a Product or Service allows for withdrawal, pursuant to Article L 221-18 and following of the Consumer Code.

Client expressly acknowledges using the Site at his own risk and under his exclusive responsibility. The Site offers the Client information for illustrative purposes, as imperfections, errors, omissions, inaccuracies and other ambivalences might still exist. In any event, Chloé Valette cannot be held liable:

  • for any direct or indirect damage, especially resulting from any loss of profit, shortfall, loss of clients, or of data that may be due to the use of the Site, or on the other hand from the inability to use it.

  • for the malfunctioning, unavailability, misuse, improper configuration of the Client’s computer, or even of Client’s use of a rarely used browser;

  • for the content of the advertisements and other links or other external sources accessible by the Clients from the Site.

The photos and visuals of the Products presented on the Site do not have a contractual nature, the liability of the Seller cannot be engaged if the characteristics of the Product are different from the visuals presented on the Site or if these latter are erroneous or incomplete.

Article 11 – Intellectual Property Rights

All the elements of this Site belong to the Seller or to a third-party proxy, or are used by the Seller with the permission of their owners.

All reproduction, representation or adaptation of logos, textual, pictographic or video content (this list may include other elements without limitation) is strictly prohibited and is tantamount to copyright infringement.

All Clients guilty of copyright infringement can have their account deleted without prior notice or compensation and without this deletion constituting an indemnity, and without prejudice to any legal proceedings that may be pursued after the fact, at the Seller’s initiative or that of his representative.

This Site uses elements (images, photos, content) whose profits go to: The Suppliers (mentioned as Designers) of each product.

The brands and logos contained on the Site might be registered by Chloé Valette, or one or more of its partners. Any person proceeding to their representation, reproduction, interconnection, diffusion or replays incurs the sanctions included in Articles L. 713-2 and following of the Code on Intellectual Property.

Article 12 – Independence of the Clauses

If a provision of these TCS is deemed illegal, invalid or for any other reason inapplicable, then this provision will be deemed severable from the rest of the TCS and will not affect the validity and the applicability of the remaining provisions.

These TCS replace all previous or contemporaneous agreements, written or oral. The TCS are not assignable, transferable, or sub-licensable by the Client himself.

A printed version of the TCS and all the notices given in electronic form may be requested during legal or administrative proceedings pertaining to the TCS. The parties agree that all correspondence concerning the TCS must be done in French.

Article 13 – Applicable law and mediation

These TCS are shall be governed by and be subject to French law.

Unless otherwise provided by law, all disputes that may arise in the context of the execution of these TCS may, before taking any legal action, be submitted for the evaluation of the Website’s Publisher for the purposes of reaching an amicable settlement.

It is explicitly reiterated that the requests for amicable settlement do not set aside the deadlines fixed for instigating legal action. Unless otherwise provided by law, all legal action concerning the execution of these TCS must be submitted to the competence of the jurisdiction of the defendant’s location.

Consumer mediation

In accordance with Article L. 612-1 of the Consumer Code, it is reminded that “all consumers have the right to receive free advice from a consumer ombudsman in order to settle amicable the dispute that puts him in opposition to a professional. For this purpose, the professional undertakes to guarantees the consumer the effective use of a consumer mediation system.”

For this purpose, Chloé Valette propose to her Consumer Client, in the context of disputes that have not found amicable settlement, the mediation of a consumer ombudsman with the following details:

  • Mediator of the Médicys mediation center

  • contact@medicys.fr

  • http://www.medicys.fr/index.php/consommateurs/

It is reminded that mediation is not obligatory but simply proposed for the purposes of resolving disputes by avoiding legal action.

All rights reserved – February 21, 2019


GENERAL TERMS AND CONDITIONS OF USE

Definitions

The following are defined as:

  • Website”: is the website https://store.huskdesignblog.com and all its pages.

  • Publisher”: Chloé Valette, legal and physical person responsible for the content of this Website.

  • User”: the user who visits and uses the Services of the Site.

These General Terms of Use (hereafter, the “GTU”) are proposed by the Publisher of the Website. The User of the Website is invited to read carefully these GTU, to print and/or save them on a durable medium.

The User recognizes having read these GTU and fully accepts them without reservations.

Article 1 – Application of the GTU

These GTU aim to define the conditions of access to the Website by the Users. The Publisher reserves the right to modify at any moment the GTU by publishing a new version of these terms on the Website. The GTU applicable to the User are those in force the day of his acceptance.

The Site is free and open to all Users. The purchase of a product or service, the creation of a member’s area, or in general, the browsing of the Website implies the acceptance, by the User, of these GTU, recognizing at the same time that he is fully aware of them.

This acceptance may consist for example, for the User, in the ticking of a box which corresponds to the phrasing of the acceptance of these GTU, having for example the reference “I recognize having read and accepted the entirety of the terms and conditions of the Site.” The ticking of this box will be deemed to have the same force as a handwritten signature by the User.

The User recognizes the value of the automatic registration system of the Publisher and, unless he can bring relevant evidence to the contrary, he waives his right to contest it in case of dispute.

The acceptance of the GTU implies, on the part of the User, that he has all the necessary legal capacities to do so. If the User is a minor or does not have the necessary legal capacities, he declares that he has the approval of a guardian, a curator or a legal representative.

The Publisher puts at the User’s disposal, on its Website, a confidentiality policy specifying all the information relevant to the use of the personal data collected from the Client by the Publisher and the rights enjoyed by the User with regards to his personal data. The data confidentiality policy is part of the GTU. The acceptance of these GTU implies the acceptance of the data confidentiality policy.

Article 2 – Legal notices, personal data and object of the Site

This Website is published by Chloé Valette, Auto entrepreneur. The legal information concerning the host and the Publisher of the Site, like coordinates and any information on capital and registration, are supplied through the legal notices of this Website.

The information concerning the collection and processing of personal data (policy and declaration) is supplied through the data protection policy of the Website.

The object of this Website is determined as “e-commerce website”.

Article 3 – Member Area

The User registered to the Website (member) has the possibility to access it by logging in through his identifiers (email address supplied during registration and password) or by using other systems, like third-party connection buttons on social media. The User is fully responsible for the protection of the password he has chosen. He is encouraged to use complex passwords. If he forgets his password, the User has the possibility to create a new one. This password guarantees the confidentiality of the information contained in the “My Account” section and the User is prohibited, therefore, from transmitting or transferring it to third parties. Failing this, the Publisher of the Site cannot be held liable for non-authorized access to the User’s account.

The creation of a personal area is an essential prerequisite to any order or contribution by the User on this Website. For this purpose, the User will be invited to supply a certain number of personal information. He undertakes to supply correct information.

The collection of personal data aims to create a “member account.” If the data contained in the member account section disappears after a technical failure or in the event of a force majeure, the responsibility of the Site and its Publisher cannot be engaged, since these data have no evidentiary value, but only an informative one. The pages concerning the member account are freely printable by the owner of the account in question, but do not constitute evidence, as they have only an informative character aimed at ensuring the efficient management of the service and the User’s contributions.

Every User is free to close his account and delete his data from the Site. To do so, he must send an email to Chloé Valette indicating that he wishes to delete his account. No recuperation of his data would then be possible.

The Publisher reserves the exclusive right to close the account of any User that has violated these GTU (especially, and without this example being in any way comprehensive, if the User has knowingly submitted erroneous information during his registration and during the creation of his personal space) or any account that is inactive for longer than a year. This cancellation cannot give rise to damages on the part of the User who will not be able to claim compensation because of this fact. This exclusion does not prejudice the Publisher’s option to undertake legal action against the Client, if the facts justify it.

Article 4 – Access and availability of the Site

The Publisher will make every effort to make the Site continuously accessible, subject to any maintenance operations carried out on the Site or the servers where it is hosted. If the Site is inaccessible, because of technical issues of any nature, the User will not be able to receive damages or request any other type of compensation.

The Publisher of the Site is bound only by a best-efforts obligation; its responsibility could not be committed for damages that result from the use of an Internet network, such as loss of data, intervention, virus, breakdown of the service, or any other problems.

The User expressly agrees to use the Site at his own risk and under his sole responsibility.

The Sites is offered to the User for information purposes only and therefore imperfections, errors, omissions, inaccuracies and other ambivalences may exist. In any event, Chloé Valette cannot be held liable:

  • for any direct or indirect damage, especially resulting from any loss of profit, shortfall, loss of clients, or of data that may be due to the use of the Site, or on the other hand, from the User’s inability to use it.

  • for the malfunctioning, unavailability, misuse, improper configuration of the User’s computer, or even of User’s use of a rarely used browser.

Article 5 – Hypertext Links

The Website may include hypertext links toward other sites.

The User recognizes as a result that the Publisher cannot be held liable for any damages or losses, proven or alleged, that have resulted from or are in connection to the use or the knowledge of the contents, advertisements, products or services available on these sites or external sources. Likewise, the Publisher’s liability cannot be engaged if the visit, by the User, of one of these sites, causes him harm.

If, despite of the Publisher’s efforts, one of the hypertext links available on the Site points toward a Site or an internet source whose content does or seems to not comply with the requirements of French law according to a User, the User himself undertakes to contact immediately the Publishing Director, whose coordinate feature in the legal notices of the Site, so that he can communicate to the Director the address of the third-party websites that is at issue.

Article 6 – Cookies

A “Cookie” allows the identification of the Site’s User, the personalization of the browsing of the Site and the acceleration of the Site’s display thanks to the downloading of a datafile on his computer. The website may use “Cookies” mainly to 1) obtain browsing 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 direct registration.

The User acknowledges being informed of this practice and authorizes the Publisher of the Site to avail itself of it. The Publisher undertakes to never communicate the content of these “Cookies” to third parties, unless required by law.

The User may refuse the downloading of “Cookies” or customize its browser so as to always be notified before accepting them. To do so, the User will proceed to use the settings of its browser:

Article 7 – Intellectual Property Rights

All elements of this Site belong to the Publisher or to a third-party proxy, or are used by the Publisher on the Site with the permission of their owners.

All reproduction, representation or adaptation of logos, textual, pictographic or video content (this list may include other elements without limitation) is strictly prohibited and is tantamount to copyright infringement.

All Users guilty of copyright infringement may have their account deleted without prior notice or compensation and without this deletion constituting an indemnity, and without prejudice to any legal proceedings that may be pursued after the fact, at the Publisher’s initiative or that of his representative.

This Site uses elements (images, photos, content) whose profits go to: The Suppliers (mentioned as Designers) of each product.

The brands and logos contained on the Site might be registered by Chloé Valette, or one or more of its partners. Any person proceeding to their representation, reproduction, interconnection, diffusion or replays incurs the sanctions included in Articles L. 713-2 and following of the Code on Intellectual Property.

Article 8 – Liability

The Publisher is not liable for the User’s publications, for their content or their truthfulness. The Publisher cannot in any case be held liable for any damages likely to affect the User’s computer system and/or loss of data that may result from the use of the Site by the User.

The Publisher undertakes to update continuously the contents of the Website and to offer to the User information that is correct, clear, precise and up to date. The Site, on principle, is always accessible, except for scheduled technical maintenance or update to the Site’s content. The Publisher will not be held liable for any damages resulting from the unavailability of the Site or any portions of it.

The liability of the Site’s Publisher cannot be engaged because of an issue with technical connection to the Site, if such unavailability is due to an event of force majeure, an update, a modification to the Site, an intervention of the host, an internal or external strike, a network failure, or a power failure.

The Publisher cannot be held liable for the non-functioning, inability to access or malfunction of the Site due to the use equipment that is not adapted to it, to the wrong configuration or use of the User’s computer, to turbulence attributable to the internet provider of the user, or to the internet network itself.

Article 9 – Notifications and Claims

Any warning or notification concerning these GTU, the legal notices, or the personal data policy must be done in writing and sent by registered or certified mail, or by email to the address indicated in the legal notices of the site, indicating the coordinates, last name and name of the notifier, as well as the object of the notice.

Any claim related to the use of the Site, its Services, of the pages of the Site on any social media or to the GTU, legal notices or the personal data policy must be deposited within 365 days following the day when the problem that gave rise to the claim is identified, and this independently of any law or regulation stipulating the contrary. If the such a claim is not notified during the following 365 days, such a claim will be forever unenforceable by law.

It is possible that on the Website and the Services offered therein may exist, to a limited extent, inaccuracies or mistakes, or information that disagrees with the GTU, the legal notices or the personal data policy. Further, it is possible that unauthorized modifications may be made to the Site or its Ancillary Services (social media profiles, etc.) by third parties.

In such a case, the User has the option to contact the Publisher of the Site by post or email through the addresses indicated in the legal notices of the Site, together with, if possible, a description of the error and its location (URL), as well as sufficient information so that we are able to contact him.

Article 10 – Independence of the Clauses

If a provision of these GTU is deemed illegal, invalid or for any other reason inapplicable, then this provision will be deemed severable from the rest of the GTU and will not affect the validity and the applicability of the remaining provisions.

These GTU replace all previous or contemporaneous agreements, written or oral. The TCS are not assignable, transferable, or sub-licensable by the User himself.

A printed version of the GTU and all the notices given in electronic form may be requested during legal or administrative proceedings pertaining to the GTU. The parties agree that all correspondence concerning these GTU must be done in French.

Article 11 – Applicable Law

These GTU shall be governed by and be subject to French law.

Unless otherwise provided by law, all disputes that may arise in the context of the execution of these GTU may, before taking any legal action, be submitted for the evaluation of the Website’s Publisher for the purposes of reaching an amicable settlement.

It is explicitly reiterated that the requests for amicable settlement do not set aside the deadlines fixed for instigating legal action.

Unless otherwise provided by law, all legal action concerning the execution of these GTU must be submitted to the competence of the jurisdiction of the defendant’s location.

 

All rights reserved – February 21, 2019