General Conditions of Use
Mas dâOusvan â SARL with a capital of âŹ15,250.00 â Barousse, 09190 Gajan (France), operating the Couleurs Nature by Bruno Lamy website (hereinafter referred to as the âCompanyâ). These General Terms of Use (hereinafter referred to as the âGTUâ) define the legal framework for the use of the website accessible at https://www.couleurnaturebybrunolamy.com (hereinafter referred to as the âSiteâ), designed and operated by the Company.
These GTU also contain information relating to user rights and the restrictions imposed on these rights by laws or regulations. By using the Site, the user unreservedly accepts these GTU. They therefore declare and acknowledge that they have read and understood these GTU. Each user must refer to the most recent version. The Site is published by the Company.
ARTICLE 1: DEFINITIONS
In these Terms and Conditions, the following terms have the following meanings:
– Company: refers to Mas dâOusvan, a limited liability company with a capital of âŹ15,250, whose registered office is located in Barousse, 09190 Gajan, France, registered with the Carcassonne Trade and Companies Register under number 437 692 411.
– Customer: any person who purchases Products via the Website.
– Content: any text, graphic, image, music, video, or other element that may be uploaded by a User.
– Personal Data: personal data, as defined by the GDPR, that the Company collects or processes, that allows a natural person to be identified.
– Intellectual Property Rights: all literary, artistic, or industrial property rights provided for by the French Intellectual Property Code.
– Product: any item sold via the Website.
– Service(s): all features, offers, information, or other services accessible via the Site.
– Site: refers to the website accessible at www.couleurnaturebybrunolamy.com.
– User(s): any person using the Site or its Services.
ARTICLE 2: PURPOSE AND SCOPE OF APPLICATION
The Company sells products to anyone wishing to purchase them. By using the Services offered by the Site, Users declare that they unreservedly accept these Terms and Conditions. Users therefore declare and acknowledge that they have read and understood the provisions of these Terms and Conditions. If the User disagrees with any of the clauses of the Terms and Conditions at any time, they must immediately discontinue use of the Site and the associated Services. These Terms and Conditions are available at any time by clicking on a direct link located at the bottom of each page of the Site. The Services offered by the Company are accessible on the Site. The Site and its Services are accessible to any User with internet access. All costs related to accessing the Site, whether hardware, software, or internet access costs, are the sole responsibility of the User. The Company reserves the right to create any features it deems useful.
ARTICLE 3: ENTRY INTO FORCE â DURATION
These Terms and Conditions apply for the entire duration of browsing and access to the Site. The Company reserves the right to modify these Terms and Conditions at any time. Unless the amendments are due to legal or administrative obligations, the User will be given reasonable notice before the updated Terms and Conditions come into effect. Any changes will take effect upon their publication. The User agrees to be notified of the updated Terms and Conditions by posting them on the Site. By continuing to use or access the Site after the effective date of the updated Terms and Conditions, the User declares that they have read the updates and accept all changes made thereto. These Terms and Conditions govern any conflicts that may arise prior to the effective date of the updated Terms and Conditions. The latest version of the Terms and Conditions available online on the Site shall prevail, where applicable, over any other version of these Terms and Conditions.
ARTICLE 4: SERVICES
The Site allows users to:
– Order Couleurs Nature by Bruno Lamy products;
– Access information about the brand;
– Contact customer service.
The Services offered by the Company are subject to change. The Company reserves the right to offer any Services it deems useful, in a form and using the functionalities and technical means it deems most appropriate to provide said Services.
ARTICLE 5: OBLIGATIONS OF THE PARTIES
The User undertakes, while using the Site, to comply with applicable laws and regulations and not to infringe the rights of third parties or public order. The User is solely responsible for the information transmitted via the Site. As such, the Company shall not be held liable under any circumstances. When using the Site and/or its Services, Users agree not to:
– Defame, insult, harass, stalk, threaten, or otherwise violate the rights of others (such as rights relating to privacy and publicity);
– Upload to the Company’s servers, publish, email, transmit, or otherwise make available any material of any nature whatsoever (computer-based or otherwise, written or otherwise, etc.);
– Impersonate another natural or legal person, falsify or delete copyright notices, legal notices, indications of proprietary rights, or labels concerning the origin or source of Services or any other elements of the Site;
– Partially or completely prevent another User from accessing or using the Site, or using or benefiting from the Services;
– Use the Site or Services for purposes that are illegal, prohibited, or likely to violate public order and/or morality;
– Interfere with or interrupt the Site and/or Services, or the servers or networks connected to the Site and/or Services, or violate the requirements, procedures, rules, or regulations of connected networks;
– Use a robot, spider, or any other device to retrieve or index all or part of the Site and/or Services, or to collect information about Users for unauthorized purposes;
– Promote or provide instructions on illegal activities, or promote physical or psychological harm against any group or individual;
– Offer any commercial promotion or preferential rates from any other company or service;
– Transmit viruses, worms, defects, Trojan horses, or any other element of a destructive nature or likely to steal or reveal another User’s data.
ARTICLE 6: TECHNICAL PROVISIONS
The Services are provided as is and to the extent available. The Company does not guarantee error-free, uninterrupted, or secure provision of the Services offered via the Site. The Company is not bound by any obligation to provide personalized support, including technical support. The Company disclaims all express or implied warranties, particularly regarding the quality and compatibility of the Site with the use made by Users. The Company does not guarantee any results or benefits from the use of the Services offered through the Site.
ARTICLE 7: FORCE MAJEURE
Any event beyond the Company’s control and against which it could not reasonably have prevented itself constitutes a case of force majeure and, as such, suspends the obligations of the parties. This includes, but is not limited to: a strike or technical failure (EDF, ERDF, telecommunications operators, internet access or hosting providers, etc.), a power outage (such as electricity), or a failure of the electronic communications network on which the Company depends and/or any networks that may replace it. The Company shall not be held liable, or considered to have failed in its obligations under these Terms and Conditions, for any failure to perform due to a case of force majeure as defined by French law and case law, provided that it notifies the other party, on the one hand, and that it makes every effort to minimize the damage and perform its obligations as quickly as possible after the force majeure event has ceased, on the other hand.
ARTICLE 8: ENTIRETY
The provisions of these Terms of Use express the entire agreement between Users and the Company. They prevail over any proposal or exchange of letters prior or subsequent to the conclusion of these Terms of Use, as well as any other provision contained in the documents exchanged between the parties and relating to the subject matter of the Terms of Use, except in the case of an amendment duly signed by representatives of both parties.
ARTICLE 9: NO WAIVER
The fact that one of the parties to these Terms of Use has not required the application of any clause, whether permanently or temporarily, shall in no case be considered a waiver of that party’s rights arising from said clause.
ARTICLE 10: NULLITY
If one or more provisions of these Terms and Conditions are held to be invalid or declared as such pursuant to a law, regulation, or following a final decision of a competent court, the other provisions of these Terms and Conditions shall retain their full force and effect. In such a case, the Company undertakes to immediately delete and replace said clause with a legally valid clause.
ARTICLE 11: JURISDICTION â APPLICABLE LAW
These Terms and Conditions shall be governed by and interpreted in accordance with French law, without regard to conflict of law principles. In the event of a dispute that may arise in connection with the interpretation and/or execution of these Terms and Conditions or in connection with these Terms and Conditions, the parties undertake to make every effort to amicably resolve any disputes to which these Terms and Conditions may give rise. Thus, in the event of a dispute between a User and the Company, the parties agree to negotiate a settlement in good faith. If the parties fail to resolve the dispute after at least thirty (30) business days of negotiation, the dispute will be settled before the courts of Carcassonne, which will have exclusive jurisdiction. All disputes, particularly relating to the validity, performance, interpretation, and/or termination of these Terms and Conditions, shall be subject to the exclusive jurisdiction of the courts of Carcassonne, unless otherwise provided by mandatory procedural rules.
Mas dâOusvan â SARL with capital of âŹ15,250.00 â Barousse, 09190 Gajan (France)
SIRET number: 43769241100055 – RCS registration number: 437 692 411 – VAT identification number: FR79437692411
Contact: Kelly Lamy â info@masdouvan.com
