Legal information and Terms and Conditions of Use
I- LEGAL INFORMATION
Editor: Laboratoire Garancia
Phone: 01 45 20 73 65
Intra-community VAT No: FR 75 479752321
Registered with the Paris RCS (Trade and Companies Register) under number B 479 752 321 00048
SIRET: 479 752 321 00055
Company headquarters: 42, Rue Jean de la Fontaine 75016 Paris
Publication director: Eric Coste
Editorial manager: Eric Coste
II- GENERAL CONDITIONS OF USE
Purpose of the Website
The Laboratoire Garancia website (hereinafter the "Website") is an e-commerce site that allows the sale of perfumes, cosmetics and accessories to Internet users or users browsing the Website. This Website is accessible through the Internet at www.garancia-beauty.com
Personal Data and Cookies
Laboratoire Garancia collects personal data as part of this Website. The provisions relating to the processing of these data are described in the Website’s "Personal Data & Cookies" charter. Visitors are hereby informed that this automatic processing of data, in particular the management of Visitors’ email addresses, has been declared to the CNIL (declaration no.1631761 v 0).
The Website and any software used in connection with it may contain confidential information as well as data protected by intellectual property law. Thus, unless otherwise stated, the intellectual property rights to the documents and any data of any kind contained in the Website and each of the elements which make up the Website (images, illustrations, sounds, texts, graphic elements, charts etc), including software, databases and newsletters, are the exclusive property of Laboratoire Garancia (hereinafter the "Content"), which does not grant any licence or any right other than to consult the Website. Reproduction of all or part of the Content is only authorised for the exclusive purpose of information for personal and private use, any reproduction and any use of copies made for other purposes in any way and in any form whatsoever being expressly prohibited. It is also prohibited to copy, modify, create a derivative work, assemble, decompile (except as provided for by law), sell, assign, sublicense or otherwise transfer any right relating to the Content. It is also forbidden to modify all or part of the Content and in particular the software or to use modified versions of the software in order, in particular, to obtain unauthorised access to the service and access the Website by any other means than the interface which is provided to the Visitor by Laboratoire Garancia for this purpose.
3.2. Trade marks
It should be noted that Laboratoire Garancia is the owner of the Garancia brand, its product names and logos.
The Internet user acknowledges the sole rights of Laboratoire Garancia over the Garancia brand, its product names and logos, and is prohibited from making any use of, or, more generally, infringing the intellectual property rights of Laboratoire Garancia. Laboratoire Garancia reserves the right to claim damages for any act of counterfeit and, more generally, for any violation of its intellectual property rights.
3.3. Hypertext links
Any creation of a link to the Laboratoire Garancia Website, any framing of the Website, or, more generally, any use of a constituent element of the Website, is subject to the prior and express authorisation of Laboratoire Garancia, which can be withdrawn at any time at its sole discretion. Laboratoire Garancia reserves the right to (i) request the removal of any link to the Website that has not been, or is no longer, authorised and (ii) claim compensation for any loss sustained as a consequence.
Each Visitor must use the Internet responsibly with respect and courtesy for the rights of other Internet users. As such, the Visitor, when accessing the Website, is prohibited from:
- uploading, posting, sending by email or otherwise transmitting by any other means any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, morally reprehensible, invasive of a person’s privacy (including violation of their image reproduction rights), obnoxious, offensive or racially, ethnically or otherwise objectionable;
- uploading, posting, sending by email or otherwise transmitting by any other means unsolicited or unauthorised advertising or promotional materials, "junk mail", "false information", "chain letters" or any other form of solicitation;
- uploading, posting, sending by email or otherwise transmitting by any other means any material that contains software viruses or any other computer code, files or programmes designed to disrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfering with or disrupting the Website or the servers or networks connected to it, or contravening any requirements, procedures, rules or regulations of networks connected to it;
- trying to undermine the service for any user, host or network, by which is meant, but is not limited to, exposing the Website to a virus, overloading it, flooding the server, mailbombing, forging any TCP/IP packet header or any part of the header information in any email;
- accessing data not intended for the Visitor or logging into a server or an account which the Visitor is not authorised to access;
- attempting to probe, scan or test the vulnerability of a system or a network or to breach security or authentication measures without prior authorisation;
- impersonate another person;
- conduct or induce another person to conduct an unlawful activity or any activity that undermines the rights of Laboratoire Garancia, its suppliers, partners, distributors, advertisers or any other Visitor;
- transmit or transfer (by whatever means) information or software from the Website to other countries or certain foreign nationals in violation of any national or international law or regulation.
By acknowledging the global nature of the Internet, each Visitor undertakes to respect all the local and international policies and procedures relating to online behaviour and acceptable content, and, in particular, all legislation in force concerning the transmission of technical data.
At any moment and for any reason, Laboratoire Garancia can, without notice, implement any means that allow it to terminate the Visitor’s use of the Website, or any of the Laboratoire Garancia services, for any conduct that violates these Terms & Conditions of Use of the Website, without prejudicing any compensation that Laboratoire Garancia reserves the right to claim from the Visitor in the event that the latter does not respect these Terms & Conditions of Use.
5.1. Access and functioning of the Website
The Visitor is personally responsible for setting up the IT and telecommunications facilities to access the Laboratoire Garancia Website and the knowledge necessary for using the Internet and accessing the Website. The Visitor is responsible for the cost of connection and equipment related to accessing the Internet and the use of the Laboratoire Garancia Website.
The Visitor uses the Website at his/her own risk. Laboratoire Garancia cannot be held responsible for any damage that any Visitor could suffer as a result of such use. In addition, LABORATOIRE GARANCIA DISCLAIMS ALL LIABILITY FOR ANY CONSEQUENTIAL DAMAGES, WHATEVER THEIR CAUSES, ORIGINS, NATURE OR CONSEQUENCES INCLUDING, IN PARTICULAR, THE COSTS THAT MAY OCCUR IN THE ACQUISITION OF GOODS OFFERED ON THE SITE, LOSS OF PROFITS, CUSTOMERS, DATA OR ANY OTHER LOSS OF INTANGIBLE GOODS WHICH MAY ARISE DUE TO ANY ACCESS TO THE SITE OR IMPOSSIBILITY OF ACCESSING IT OR CREDIT ACCORDING TO ANY INFORMATION ARISING DIRECTLY OR INDIRECTLY FROM THE LATTER.
Laboratoire Garancia reserves the right to modify and update the Terms & Conditions of Use without notice. To stay informed of any possible changes, Laboratoire Garancia advises the Visitor to re-read these TCU regularly. Use of the Website is subject to the TCU in force at the time of use.
In the event that any provision of these TCU is nullified due to a change in legislation, regulations or a court decision, this in no way affects the validity of and compliance with the other TCU provisions.
6.3. Applicable law
These TCU are subject to French law.
ANY DISPUTE RELATING TO THE EXISTENCE, INTERPRETATION, IMPLEMENTATION OR BREACH OF THE CONTRACT BETWEEN LABORATOIRE GARANCIA AND THE VISITOR, EVEN WHERE MULTIPLE DEFENDANTS ARE CONCERNED, AND IN THE CASE OF FAILURE TO REACH AMICABLE SETTLEMENT, SHALL COME SOLELY UNDER THE JURISDICTION OF THE PARIS COURTS. THIS ATTRIBUTION OF JURISDICTION IS VALID NOTWITHSTANDING PLURALITY OF DEFENDANTS OR CALL IN GUARANTEE, EVEN FOR EMERGENCY PROCEDURES OR CONSERVATORY PROCEDURES IN REFERENCE OR BY APPLICATION.
For any information, you can contact LABORATOIRE GARANCIA Customer Services, 01 45 20 73 65 (price of a local call from France, or +33 1 45 20 73 65 from abroad).