General terms of use

ARTICLE 1 – GENERAL INFORMATION

The “hervechapelier.com” Web Site (hereinafter referenced as the “Site” or “Hervechapelier.com”) is owned by Hervé Chapelier LOVAT, SAS, a company organized under the laws of France with a paid-in share capital of EUR305,000, headquartered at 40, avenue Edouard Vaillant, 92100 Boulogne Billancourt,  France, registered at the Registry of Commerce and Companies of Nanterre under the number 313 485 344 (SIRET NO. : 313 485 344 00037 – APE CODE 5145) (hereinafter referred to as “we” or “Chapelier”).

Phone Number : 0146082235

Email :online@hervechapelier.com

The Site is hosted by OVH GS SAS a company with a capital of 50.000 €, registered in the Paris Register of Commerce (RCS) under number RCS LILLE 520 598 186 located 2 Rue Kellerman 59100 ROUBAIX France, tel: +33 (0)8 203 203 63.

ARTICLE 2 – OBJECTIVE

This document sets forth the terms and conditions that govern the use of the Site located at URL www.hervechapelier.com and the protection of your data.    

All use of the Site is subject to these Terms and Conditions of Use (“TCU”)

By accessing this Site, you expressly agree to be bound by the provisions of these TCU, including amendments made to the initially posted version at any time.

ARTICLE 3 – HARDWARE, SOFTWARE AND INTERNET ACCESS

Before entering this Site, you must ensure that you have computer hardware and software, telecommunications facilities and Internet access service that enable you to access and use the Site, and that your browser allows secure access to the Site.  You are further required to ensure that your network and all information technology equipment that you are using are in good working order and do not contain any virus or other harmful content.

     

ARTICLE 4 – USE OF SITE

You hereby agree not to:

    Use the Site in any manner that violates any applicable law, for an unlawful purpose, or in any manner that is not consistent with these TCU;   
    Use this Site for the distribution, hosting, processing, dissemination, storage or management of any document that is harmful, defamatory, harassing, obscene, pornographic, or menacing, or of any document that is a forgery or fraudulent, or that invades the privacy or inflicts emotional distress on another;   
    Sell, copy, reproduce, rent, grant a license or sublicense, loan, distribute, assign, transfer or otherwise encumber in any way all or any part of the contents of the Site to any third party, or allow any third party to use or have access to the Site for any purpose whatsoever or to decompile, reverse engineer, disassemble, modify or post in any form readable by the user, or attempt in any other way to discover any source code or software that activates or incorporates any part of the Site;
    To impersonate any person or entity or falsely indicate, or misrepresent, your affiliation with any person or entity;
    To collect personal data of other users of the Site for any purposes;
    To seek to obtain unauthorized access to the informational technology system associated with the Site or other system whose access is restricted to the Site administrators or other authorized persons, or to engage in any activity that disrupts and/or diminishes the quality of, or otherwise interferes with the performance of the Site, or adversely affects its   functionality or normal course operations;
    To take any prejudicial action against the integrity of the Site such as voluntarily introducing any virus or other harmful program or attempt to obtain unauthorized access thereto.

If for any reason we determine in our sole discretion that you are not complying with the then applicable TCU, then the Site’s administrator or other authorized person may, at any time, in its sole and absolute discretion, deny your access to the Site and take such other measures, including through judicial process, that it deems appropriate.

ARTICLE 5 – MODIFICATION TO THE SITE

We reserve the right to modify, correct or delete any content, or to temporarily shut down the Site for maintenance purposes, at any time and without prior notice, and without any liability or obligation to you.

We also reserve the right to withdraw or otherwise delete any data, files or other content appearing on the Site that we deem in our sole discretion to violate these TCU or any applicable rules or regulations, or to be actually or potentially materially harmful to the normal operations of the Site in the regular course of our business.

In such event, we shall inform you by posting notice on the Site or by emailing you or using any other means of our choice.   

We also reserve the right, at any time and from time to time, for any reason in our sole discretion, to change the terms of these TCU. We may, but are not required to, post or display notices of material changes on the Site and we may, but are not required to, also e-mail you about these changes. Once we post them on the Site or send them to you, these changes become effective immediately and if you use the Site after they become effective it will signify your agreement to be bound by the changes.  

You should check back frequently and review these TCU regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us

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ARTICLE 6 – COPYRIGHT AND CONTENT OWNERSHIP

Chapelier is granting you a right of access to the Site that is personal to you.  You expressly acknowledge that the Site and its content, images, pictures, icons, graphics, designs, drawings, blueprints, renderings, illustrations, logos, texts, and any other content are the exclusive property of Chapelier and are protected by applicable intellectual property laws as well as by international treaties and agreements covering such subject matter.

All components of the Site as well as the Site itself are protected by intellectual property lawa. It is strictly forbidden to use, distribute, copy, reproduce, modify, alter or transmit Site materials, such as text, image or sound, without Chapelier’s prior written agreement. Chapelier is the exclusive holder of all right, title, and interest to or arising from the Site and the business associated therewith, including but not limited to copyright, rights to designs, models, drawings, trademarks, signage, corporate names, trade names, other names or symbols, technology, know-how, processes, formulas, source codes and executable codes, data and like information, and rights to information related to any application, registration, or renewal of any of these rights that may be protected by the laws, rules and regulations pertaining to intellectual property and like rights of any country.

The following activities are expressly prohibited:  any copying, rendering, adaptation, exploitation, distribution, dissemination, commercial use, translation, arrangement, creation of derivative works or works that comprise all or any part of the contents or any element or information appearing on the Site on any platform whatsoever and by any process whatsoever, currently existing or hereafter coming into existence.  These acts may also be subject to criminal liability under applicable penal laws related to counterfeiting and infringement.

 

ARTICLE 7 – DATA PROTECTION  

Pursuant to the applicable provisions of the Intellectual Property Code in effect in France with respect to the copyright and sui generis rights in databases, the systematic and repeated appropriation of elements of contents appearing on the Site is strictly prohibited and may be prosecuted as a criminal offense.

ARTICLE 8 – COOKIES; IP ADDRESSES

Cookies are alphanumeric identifiers that are transferred to the hard drive of the user through Internet browser, enabling the system to recognize the browser of the user and to propose suitable services.  Those small files are sent to a user’s computer to gather information shared while user of the Site is connected, for archival purposes.  The cookies are used by us for statistical purposes, to facilitate navigation, and to personalize information that is shared during successive visits by users.  By way of example, the cookies enable us to save the password of users so that they are not required to enter it again each time they log on to the Site.  Most users have settings that automatically allow cookies, but they may configure their system to disable them.  In order to disable cookies, the users should find the « Help » key of their navigator or the manual provided by the navigator software that is used.  However, browsing this Site will be substantially improved if the cookies are not disabled.

An IP address is a number allocated to your computer by the Internet access provider. In order to optimize the Site’s content and services and adapt them to users’ expectations, Chapelier might collect the IP addresses from visitors to its Site. This information is anonymous and reflects all the connections made and not that of a single person.

ARTICLE 9 – PROTECTION OF PERSONAL DATA

The Site is operated in compliance with the provisions of the Law on Information Technology and Freedom adopted on January 6, 1978, as amended.

This Site has been declared to the CNIL (French commission for information technology and civil liberties), and the treatment of your personal data is subject to a filing with the CNIL under number 1110105.

For purposes of use and management of the Site, we will request that you supply data and information of a personal nature.  By filling the forms that are available on the Site, you consent to our processing of your personal data.

Certain fields appearing in the forms are mandatory.  In the event of a failure to respond, we will not be able to process your requests for information, registration or orders.

We have taken all technical measures and implemented logistics and systems to protect your personal data against any loss or unlawful or unauthorized treatment.

In accordance with the French Data Protection Act of January 6, 1978, as amended, you have a right to inquire about, access and rectify all of your data and to object to their processing on legitimate grounds.  You may exercise your rights by contacting Hervechapelier.com at the following email address: online@hervechapelier.com or at the following address:  40, avenue Edouard Vaillant, 92100 Boulogne Billancourt.

ARTICLE 10 – USE OF HYPERTEXT AND HYPERLINKS

Third party Internet sites may suggest links to this Site. These sites are independent from the Site. We make no representations or warranties whatsoever about, nor do we endorse in any way, any  Internet sites that grants access to our Site through a link or otherwise, or that we may link or you access through this Site.  We remind users that all of the affiliated and non-affiliated sites that may be linked to us are subject to their own terms and conditions of use.  Prior written approval must be obtained from Chapelier before creating a link to the Site.

The authorized hypertext links on the Site that redirect traffic to other Internet Sites can in no event make us liable for any act or omission by such Internet sites or by any party other than Chapelier.

Any hypertext link on the Site can in no event be held liable for hypertext links that it has not authorized, who might redirect the users of the Site to other URLs, any such hypertext link could bind the person who created.

ARTICLE 11 – MARKS OF HERVECHAPELIER.COM; OTHER IP    

The marks owned by Chapelier, and all brands, logos, designs, graphics, pictures and other intangibles of any type on the Site (the “Site IP”) are the exclusive property of Chapelier and are protected by applicable intellectual property laws as well as by international treaties and agreements covering such subject matter.  No right or license shall be granted for any Site IP without the written authorization of Chapelier or third parties who own the rights to the Site UP. Chapelier reserves the right to take legal action in the event of any infringement of its intellectual property rights.

Any representation and/or reproduction and/or partial or total use of trademarks, of any nature whatsoever, is completely prohibited and constitutes an infringement likely to result in criminal and civil actions against the user.

ARTICLE 12 – LIABILITY  

Every effort is made by us to ensure that all information included in this Site is accurate and up to date, but we cannot guarantee that mistakes, omissions or other inaccuracies will inadvertently happen.  We reserve the right to modify the content of the Site at any time and without any prior warning. While we anticipate that any such modification would be with a view to improving the look-and-feel and functionality of the Site, we do not guarantee the accuracy, precision and completeness of the materials published in the website.

Consequently, we disclaim any and all liability for all unforeseen errors or omissions concerning information or content available on the Site, and all damage that may result from a fraudulent access by a third party that may have caused a modification or alteration of information/contents appearing on the Site or having harmed any user thereof; and more generally for all damage of any nature whatsoever, regardless of its cause or consequence, that resulted from anyone’s access to the Site or inability to access it, or use of any information or other content thereof.

ARTICLE 13 – APPLICABLE LAW

All disputes arising from the interpretation or implementation of these TCU shall be the exclusive jurisdiction of the French courts applying French law.

ARTICLE 14 – CONTACT

If you any questions concerning the use of this Site please contact our Customer Service of Hervechapelier.com by email at the following address online@hervechapelier.com or at the following phone number 01460822535

TERMS AND CONDITIONS OF USE WWW.HERVECHAPELIER.COM  

02/03/2024