TERMS AND CONDITIONS
We will refer to it as follows:
"Site" or "Service": the site https://truetheargancompany.com and all its pages.
"Publisher": TRUE The Argan Company, the legal or physical person responsible for the publication and content of the Site.
"User": the Internet user visiting and using the Site's Services.
The present Terms and Conditions of Use (hereinafter the "T&Cs") are proposed by the Website Editor. The User of the Site is invited to read carefully these T&Cs, to print them and/or to save them on a durable medium. The User acknowledges having read the T&Cs and accepts them in full and without reservation.
ARTICLE 1 - APPLICATION OF THE T&Cs
The purpose of these T&Cs is to define the conditions of access to the Site by the Users. The Publisher reserves the right to modify the T&Cs at any time by publishing a new version of them on the Site. The T&Cs applicable to the User are those in force on the day of his acceptance.
The Site is freely accessible to all Users. The acquisition of a product or service, or the creation of a member space, or more generally the navigation on the Site supposes the acceptance, by the User, of the entirety of the present T&Cs, who recognizes by the same fact to have taken fully knowledge of it.
This acceptance could consist, for example, for the User, in checking the box corresponding to the sentence of acceptance of the present T&Cs, having for example the mention "I recognize to have read and accepted all the general conditions of the Site". Checking this box will be deemed to have the same value as a handwritten signature by the User.
The User recognizes the value of proof of the automatic recording systems of the Editor of the present Site and, except for him to bring a contrary proof, he renounces to dispute them in case of litigation.
The acceptance of the present T&Cs supposes on behalf of the Users that they enjoy the legal capacity necessary for that. If the User is a minor or does not have this legal capacity, he declares to have the authorization of a tutor, a curator or his legal representative.
ARTICLE 2 - LEGAL NOTICE, PERSONAL DATA AND PURPOSE OF THE SITE
This Site is published by TRUE The Argan Company SASU. The legal information concerning the host and the Site Editor, in particular the contact details and any capital and registration information, is provided in the legal notice of this Site.
Information concerning the collection and processing of personal data (policy and declaration) is provided in the Site's personal data charter.
The purpose of this Site is determined as "Online shopping site".
ARTICLE 3 - MEMBER AREA
The User registered to the Site (member) has the possibility to access it by connecting using his identifiers (e-mail address defined at the time of his registration and password) or possibly by using systems such as third party connection buttons of social networks. The user is entirely responsible for the protection of the password he/she has chosen. The user is encouraged to use complex passwords. If the User forgets the password, the User has the option of generating a new one. This password guarantees the confidentiality of the information contained in the "my account" section and the User is therefore forbidden to transmit or communicate it to a third party. Otherwise, the Website Editor cannot be held responsible for unauthorized access to a User's account.
The creation of a personal space is a prerequisite to any order or contribution of the User on this Site. To this end, the User will be asked to provide a certain amount of personal information. The User agrees to provide accurate information.
The purpose of collecting data is to create a "member account". If the data contained in the member account section were to disappear following a technical failure or a case of force majeure, the responsibility of the Site and its Editor could not be engaged, this information having no probative value but only an informative character. The pages relating to the members' accounts are freely printable by the holder of the account in question but do not constitute a proof, they have only an informative character intended to ensure an effective management of the service or the contributions by the User.
Each User is free to close his account and his data on the Site. To do so, they must send an e-mail to TRUE The Argan Company indicating that they wish to delete their account. No recovery of his data will then be possible.
The Publisher reserves the exclusive right to delete the account of any User who has contravened these T&Cs (in particular, but without this example being exhaustive, when the User has knowingly provided erroneous information when registering and creating his personal space) or any account that has been inactive for at least one year. The said deletion will not be likely to constitute a damage for the excluded User who will not be able to claim any compensation for this fact. This exclusion is not exclusive of the possibility, for the Editor, to undertake legal proceedings against the User, when the facts will have justified it.
ARTICLE 4 - ACCESS AND AVAILABILITY OF THE SITE
The Publisher makes its best efforts to make the Site permanently accessible, subject to maintenance operations of the Site or the servers on which it is hosted. In case of impossibility of access to the Site, because of technical problems or of any nature, the User will not be able to claim any damage and will not be able to claim any compensation.
The Website Editor is only bound by an obligation of means; he cannot be held responsible for any damage resulting from the use of the Internet network such as loss of data, intrusion, virus, break in service, or others.
The User expressly admits using the Site at his own risk and under his exclusive responsibility.
The Site provides the User with information for information purposes only, with imperfections, errors, omissions, inaccuracies and other ambivalences that may exist. In any case, True The Argan Company cannot be held responsible for :
- any direct or indirect damage, in particular with regard to loss of profits, loss of earnings, loss of customers, loss of data which may result from the use of the Site, or on the contrary from the impossibility of its use;
- malfunction, unavailability of access, misuse, poor configuration of the User's computer, or the use of a browser little used by the User.
ARTICLE 5 - HYPERTEXT LINKS
The Site may include hypertext links to other sites.
The User therefore acknowledges that the Publisher cannot be held responsible for any damage or loss, proven or alleged, resulting from or related to the use or the fact of having taken cognizance of the contents, advertisements, products or services available on these external sites or sources. In the same way, the responsibility of the Editor of the present Site could not be committed if the visit, by the User, of one of these sites, caused him a damage.
If, in spite of the efforts of the Editor, one of the hypertexts links present on the Site pointed towards a site or an Internet source whose contents were or appeared not in conformity with the requirements of the French law to a User, this one makes a commitment to immediately contact the director of the publication of the Site, whose coordinates appear in the legal mentions of the Site, in order to communicate him the address of the pages of the third site in question.
ARTICLE 6 - COOKIES
A "Cookie" can allow the identification of the User of the Site, the personalization of his consultation of the Site and the acceleration of the display of the Site thanks to the recording of a data file on his computer. The Site is likely to use "Cookies" mainly to :
- obtain navigation statistics in order to improve the User's experience, and
- allow access to a member's account and to content that is not accessible without logging in.
The User acknowledges being informed of this practice and authorizes the Website Editor to use it. The Editor undertakes never to communicate the content of these "Cookies" to third parties, except in case of legal requisition.
The User can refuse the recording of "Cookies" or configure his browser to be warned before the acceptance of "Cookies". To do this, the User must set the parameters of his browser:
Internet Explorer : http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies
Google Chrome : https://support.google.com/chrome/answer/95647?hl=fr&hlrm=en&safe=on
Firefox : https://support.mozilla.org/fr/kb/activer-desactiver-cookies
ARTICLE 7 - INTELLECTUAL PROPERTY RIGHTS
All the elements of this Site belong to the Editor or to a third party, or are used by the Editor on the Site with the authorization of their owner.
Any representation, reproduction or adaptation of the logos, textual, pictographic or video contents, without this enumeration being restrictive, is rigorously prohibited and is similar to counterfeiting.
Any User who would be guilty of counterfeiting would be likely to see his access to the site removed without notice or compensation and without this exclusion being able to be constitutive of a damage to him, without reserve of possible later legal proceedings against him, at the initiative of the Editor of the present Site or his agent.
The trademarks and logos contained on the Site may be registered by TRUE The Argan Company, or possibly by one of its partners. Any person proceeding to their representations, reproductions, imbrications, distributions and reruns incurs the sanctions provided for in articles L.713-2 and following of the Intellectual Property Code.
ARTICLE 8 - RESPONSIBILITY
The Editor is not responsible for the publications of the Users, their contents as well as their veracity. The Publisher can in no way be held responsible for any damage that may occur to the User's computer system and/or for the loss of data resulting from the use of the Site by the User.
The Editor undertakes to constantly update the content of the Site and to provide the Users with correct, clear, precise and updated information. The Site is in principle permanently accessible, except during the technical operations of maintenance and update of the contents. The Editor cannot be held responsible for damages resulting from the unavailability of the Site or parts of it.
The responsibility of the Editor of the Site cannot be committed because of a technical unavailability of the connection, that it is due in particular to a case of absolute necessity, to a maintenance, to an update, to a modification of the Site, to an intervention of the host, to an internal or external strike, to a failure of network, or to a cut of electric supply.
The Editor could not be held responsible for the non functioning, an impossibility of access or dysfunctions of the Site due to an unsuitable equipment, to a bad configuration or use of the computer of the User, to dysfunctions of the services of the provider of access of the Users, or to those of the Internet network.
ARTICLE 9 - NOTIFICATIONS AND COMPLAINTS
Any notification or notice concerning the present TOS, the legal notices or the personal data charter must be made in writing and sent by registered or certified mail, or by e-mail to the address indicated in the legal notices of the Site, specifying the contact details, name and surname of the notifier, as well as the subject of the notice.
Any complaint related to the use of the Site, the Services, the pages of the Site on any social networks or the TOS, the legal notice or the personal data charter must be filed within 365 days following the day of origin of the problem that is the source of the complaint, regardless of any law or rule of law to the contrary. If such claim is not filed within 365 days, such claim will be forever barred in court.
In such a situation, the User has the possibility to contact the Website Editor by mail or by email at the addresses indicated in the legal notice of the Website, with if possible a description of the error and the location (URL), as well as sufficient information to contact him.
ARTICLE 10 - SEVERABILITY OF PROVISIONS
If any provision of the T&Cs is held to be unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from the TOU and shall not affect the validity and enforceability of any remaining provisions.
The T&Cs supersedes all prior or contemporaneous written or oral agreements. They are not assignable, transferable or sublicensable by the User himself.
A printed version of the T&Cs and all notices given in electronic form may be requested in judicial or administrative proceedings relating to the T&Cs. The parties agree that all correspondence relating to these T&Cs must be in the French language.
ARTICLE 11 - APPLICABLE LAW
These T&Cs are governed by and subject to French law.
Except for provisions of public order, all disputes that may arise in the context of the execution of these T&Cs may be submitted to the Site Editor for amicable settlement before any legal action.
It is expressly reminded that the requests for amicable settlement do not suspend the deadlines opened to bring legal actions.
Unless otherwise provided, of public order, any legal action relating to the execution of the present T&Cs shall be submitted to the jurisdiction of the courts of the place of residence of the defendant.
All rights reserved - September 26, 2019