Website Publisher: SOCIETE CORIOLIS, SAS with capital of €1,004,850 EUR, whose headquarters resides at 22 Rue GRAINDORGE 93170 BAGNOLET, FRANCE, registered with the trade and companies register of Bobigny under N# 402 900 971, represented by its legal representative or by its duly authorized representative, domiciled in this capacity at said headquarters, hereinafter referred to as ‘BALADÉO’. Contact email: firstname.lastname@example.org
Publication Director: Luc Foin
Internet Service Provider: OVH, 2 rue Kellermann 59100 Roubaix France
GENERAL TERMS AND CONDITIONS
OF USE OF THE WEBSITE
The terms and expressions below will have, when their first letter appears in upper case, the meaning assigned to them below, unless expressly stipulated otherwise in the body of the present:
Order(s): means any order of Product(s) made by a User on the Site;
General Terms and Conditions of Use or GTCU: means the present terms and conditions concerning access and use;
General Terms and Conditions of Sale or GTCS: means the general terms and conditions of sale, accepted by the Customer without reservation before the validation of the order;
Knives: means all the knives sold by BALADÉO from the Website, regardless of their marketing brand;
Identifiers: means the username and password required to log in to the site;
Price: means the price of the Products as published on the Website; these prices are subject to change at the sole discretion of BALADÉO;
Products: means BALADÉO products on the Website;
Service: means the service made available by the company to Users to proceed with the purchase of the Products on the Site;
Website: means the BALADÉO commercial Website accessible from the URL www.baladeo.com
‘Company’: means the company CORIOLIS as designated above;
User: means any user who proceeds to use the features of the Website and/or to purchase Products on the Website;
- PURPOSE OF THE GTCU - ACCEPTANCE AND MODIFICATIONS OF THE GTCU
2.1. The GTCU are intended to establish and specify the terms and conditions by which the Website is made available to any Visitor and the conditions of use of said Website. The GTCU apply and are fully opposable to any Visitor and User during their visit and use of the Site functions.
2.2. Any User or Visitor declares to have read and accepted without reservation the GTCU and to comply strictly with them when visiting the Website or using the Services. The GTCU are opposable to any Visitor and User and have contractual value between the Visitor/User and the Company.
2.3. The update/modification of the GTCU may occur at the initiative of the Company at any time without prior indication to the Users. The GTCU opposable to the Visitor and the User are those in force and published on the Site. Any breach of the GTCU may justify the blocking of access of the faulted User to the Services.
- FUNCTIONS OF THE WEBSITE - MY BALADÉO SERVICE
3.1. The Website allows Visitors to access information on the various Products offered for sale by the Company (including model, price, features, technical information); it also allows Users to access the Services to purchase these Products under the conditions provided for in the GTCS.
The technical and featural information and any documents available on the Website regarding the use and characteristics of the Products and in particular the Knives have no contractual value, the Company ensuring its best efforts to avoid any errors and effecting the latest updates. It is also the User's responsibility to ensure that the information found on the Website is appropriate to their needs.
3.2 The User must create an account and connect to the Website to place an Order. In order to secure access to the Website and the Ordering service, the User will be assigned, after validation of registration, a Login ID and password.
The usernames and passwords are strictly personal, and in this respect, it is the User's responsibility to ensure their complete confidentiality. Usernames and passwords are created, managed, modified and used under the User’s sole responsibility. The Company cannot be responsible for any consequences related to a disclosure, deliberate or not, of the username or password to any third party. The Company will not bear any liability because of the consequences of the fraudulent use of the username/password by a third party, and any Order made in the context of the use of the username and password will be executed, it being the responsibility of the User to bring cause against the fraudulent user. In this regard, the Company cannot be held responsible for any unauthorized use by a third party of the Services under the User's identity and with the means of payment of the latter, so that no refund will be due.
In the event that the User becomes aware of another person’s accessing or ability to access the User’s account (username and password), the User must change the username and password and inform the Company without delay.
In addition, any adverse consequences for the Company or the Third Parties resulting from the disclosure or loss of the username/password by the User or their theft must be fully repaired by the User.
- ACCESSIBILITY OF THE SITE AND SERVICES/MODIFICATION TO THE WEBSITE
The Services are accessible only through the intermediary of the Website and the User will therefore ensure an internet connection with optimal access. The Company cannot be held responsible for any difficulty in accessing the Services, the My Baladéo Service or the Website or any bug or error that occurs during the formalization of an Order following an internet connection failure on the part of the User.
The Company will make every effort to make the Website available 24 hours a day, 7 days a week. The Company bears an obligation of means as to the level of accessibility. As such, it may be required to temporarily suspend access to the Website and the Services for any necessary maintenance operations, corrective or developmental, without having to alert Users in advance. Any interruption of access to the Website and the Services due to a malfunction, a maintenance issue or a server problem of the Site will not be subject to any compensation to the Users.
The Company cannot be held responsible for the harmful consequences of any loss of data or programs that are due to technical failure, the ISP or a computer virus. Furthermore, it cannot be responsible for any misuse of the User's data by a third party and by any means whatsoever on the occasion of the transmission of such data on the Website.
The Company may modify the functionality or any other content of the Website by its own discretion without this being subject to compensable damage to Visitors or Users.
- FAIR AND LEGAL USE OF THE WEBSITE AND SERVICES
The User and the Visitor will use or visit the Website and the Services in accordance with the present document and in accordance with the intended use and purpose of the Website and Services; as such, any use of the Site under conditions or purposes that are contrary to public order or that are unlawful or that are contrary to the rights of any third parties is forbidden.
The company may suspend the processing of an Order or cancel an Order because of a proven violation of the GTCU, without right to compensation to the User.
- PROCESSING OF PERSONAL DATA
Visiting the Website is free and is not subject to any transmission of data including personal data.
However, in order to contractually formalize and execute the Orders and as part of the creation of the User Account, the Company is required to collect certain data communicated by the Users.
As such, the Company undertakes to comply with all the obligations arising from the law of 6 January 1978 known as ‘Information Technology and Freedom’ and the European regulation known as ‘GDPR’ as of 25 May 2018 for personal data that would be included in the data transmitted by the User; the Company also declares to have informed the natural persons concerned regarding the use made of the said personal data.
The User may exercise, under the conditions set forth by the law of 6 January 1978 and the European regulation GDPR their right to access, modify, rectify, suppress, delete or withdraw personal data by addressing any request in this regard by email to service@Baladéo.fr or by letter addressed to Baladéo, 22 rue Charles Graindorge, 93170 Bagnolet. To verify the true author of the letter or email, the User must attach a copy of their ID.
- INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
The Company is the owner of all the intellectual and/or industrial property rights pertaining to and contained in the Website, whether in terms of ergonomics/global structure or content, comprehensive of but not limited to: the BALADÉO brand, the models, the texts and images...
Any representation, reproduction, adaptation, distortion of any protected element of the Website or Products within the meaning of intellectual property code will be punishable as acts of legal infringement, counterfeiting and/or unfair competition.
Cookies ensure optimal use/performance of the Website (including storage of transmitted data in the forms). The User is strongly encouraged to accept their use, as a refusal may hinder proper navigation on the Website and optimal access to the Services. However, the User may block such use by configuring their computer browser accordingly. By accepting the terms of the present, the User accepts the use of third-party cookies.
- CONVENTION OF PROOF
The information transmitted via the Website (including any electronic data) will be fully opposable between the parties and serve as evidence.
In addition, the orders respect the principle of the double click under the conditions recorded in the GTCU. As such, the User acknowledges that the functions of the Website on behalf of any Order confirm their full consent to said order as the User’s handwritten signature.
- APPLICABLE LAW—JURISDICTION
The GTCU are subject to French law. Any dispute relating to the interpretation, execution or modification of the GTCU and the visit to or use of the Website will reside within the jurisdiction of the French Courts of Law.