GENERAL TERMS AND CONDITIONS OF USE OF THE SITE

Article 1 – Definitions

Site : refers to the website www.fossasicca.com

User : refers to any person visiting and using the Site.

COMPANY: the company refers to the company FOSSE SECHE, with a share capital of €144,400, whose registered office is located at LIEU-DIT FOSSE SECHE, 49260 VAUDELNAY France, registered with the Trade and Companies Register of ANGERS under number 420 786 527.

Intra-Community VAT number FR41420786527   

Email: contact@fossasicca.com

Account : referred to as "Personal Account" within the Site, designates the login account allowing the User to connect to the Site giving access to their personal space and allowing them to order products.

Product(s) : refers to the products offered for sale on the Site

General Terms of Use : refers to the general terms of use that apply to any User accessing the Site, also referred to as "GTU"

General Terms and Conditions of Sale : refers to the general terms and conditions of sale that apply to all sales concluded between the COMPANY and the Users, also referred to as "GTC"

Article 2 – Scope of application

These General Terms of Use are intended to define the terms and conditions of use of the Site and its functionalities.

By browsing the Site, the User confirms having read and understood all of these General Terms and Conditions of Use and agrees to abide by them. The information on this Site is provided in accordance with French law in force on the date it was made available on the Site. Any access from a territory other than France is at the visitor's own risk, in accordance with the law applicable to that territory.

These Terms and Conditions are subject to change at any time. These Terms and Conditions are supplemented by the General Terms and Conditions of Sale.   

Article 3 – Site Accessibility

3.1 Conditions of access

The Site is accessible to all internet users, provided they have an internet connection.

Visiting the Site is free, with no obligation to purchase.

3.2 Personal Account

To create an account, the User must complete the form, providing all the personal information necessary to open their account and process the order. This information includes their title, first and last name, billing address, delivery address, a valid email address (which will subsequently serve as the User's username), and the creation of a password. The User declares that they are of legal age and agrees to provide truthful and accurate information. In any event, the email address must be valid and accessible to the User. Under no circumstances will the COMPANY be held liable for the User's temporary or permanent inability to access their email address.

Furthermore, the User agrees to regularly update their information, and more specifically before each order.

During each visit, when the User wishes to access their personal information or when placing a new order, they will identify themselves by entering their username and password.

It is agreed that the online communication of login credentials constitutes proof of the User's identity and has the value of an electronic signature within the meaning of the Civil Code, the credentials being personal, individual, confidential, and non-transferable. Generally, the User is entirely responsible for the use of their login credentials and is responsible for safeguarding their password. They will ensure that no other unauthorized person has access to their personal account.

The User agrees to immediately inform the COMPANY of any unauthorized use of their credentials and/or any breach of the security of their account.

The company cannot be held responsible for the User's lack of diligence in creating their personal account, modifying and updating their personal data, and consequently for incorrect contact details, with their consequences on the delivery of orders.  The Company may verify the accuracy and completeness of personal details at any time. However, if the Company finds that any of this information appears to be incorrect and/or misleading, it may request further information or corrections from the User and reserves the right to suspend or terminate any contractual relationship with the User or to suspend the User's access.


To delete their personal account, the user must access their Account and click on "Delete my account".

Article 4 – Responsibility

4.1 Company Liability

The COMPANY is only bound by an obligation of means in the performance of the services offered on the Site.

The COMPANY undertakes to make its best efforts to secure access to and use of the Site and is free to choose the most appropriate form and technical means to make all the functionalities of the Site available to users.

The Site is accessible 24 hours a day, 7 days a week.

By way of exception, the Site may be temporarily unavailable during corrective or evolutionary maintenance operations necessary for the proper functioning of the Site and in the event of an occurrence beyond the control of the COMPANY.

In the event of a technical failure affecting the operation of the Site, the COMPANY undertakes to make its best efforts to restore the operation of the Site as soon as possible.


The COMPANY shall not be held liable for external intrusions, the presence of computer viruses in the computer system of the User using the Site, any consequences of a total or partial alteration of the operation of the Site originating from misuse of the Site by the User, or the non-operation or slowness of the User's telecommunications network.


In general, the COMPANY cannot under any circumstances be held responsible for any risky behavior by the User that may occur as a result of using the Site.

The User should refer to the General Terms and Conditions of Sale for any complaints regarding the execution of their orders.

4.2 User Responsibility

The User is solely responsible for their use of the Site.

The User also agrees not to engage in any behavior contrary to these Terms and Conditions and, more generally, to legal and regulatory provisions, in the use of the Site, failing which his liability may be incurred.

The User is solely responsible for setting up the computer and telecommunications equipment necessary to access the Website and for acquiring the knowledge required to use the Internet and access the Website. The User is responsible for all connection and equipment costs related to accessing the Internet and using the Website.

The Company cannot guarantee the accuracy and completeness of the information published on its website, nor its continuous operation or complete IT security. Therefore, the Company cannot be held liable for any damage that any User may suffer as a result of using the website. Furthermore, the Company disclaims all liability for indirect damages that may arise from anyone's access to the website, the inability to access it, or reliance on any information obtained directly or indirectly from it.

Article 5 – Force majeure

The company shall not be held liable for the non-performance or delay in the performance of any of its obligations arising from a case of force majeure, as defined in Article 1218 of the Civil Code.

In addition to the cases recognized by current legislation and French case law, the following events are considered cases of force majeure, without being exhaustive:

  • Blockages of communication networks and systems;
  • Total or partial strikes, lockouts, boycotts or similar events;
  • Hacker attacks.

Article 6 – Personal Data

The User is informed that all data collected in connection with the operation of the Site is processed by the COMPANY.


Users are invited to refer to the "Privacy Policy" tab of the Site for all information relating to the use of personal data:

www.fossasicca.com

Article 7 – Cookies

Users are invited to refer to the "Cookie Policy" tab of the Site for all information relating to this matter.

www.fossasicca.com




Article 8 – Information

For any information, questions or complaints, the User can contact customer service.

Opening hours: Monday to Friday from 9am to 12pm and 1:30pm to 5:30pm.

By email:  contact@fossasicca.com

By telephone:  0241522222 (non-premium rate number)

Article 9 – Intellectual Property

The User agrees to respect the intellectual property rights of the COMPANY and in particular, all elements of the Site including, the content of the Site, trademarks, designs, photographs, images, creations, texts, the general structure and the tree structure, the graphic charters, the databases, the logos, domain names including in particular the name of the COMPANY, all documents or files, any other distinctive sign present on the Site, including the underlying technology, belonging to the COMPANY or for which the COMPANY has the rights of use from their author which are protected by French and international laws relating to intellectual property.

No intellectual property rights may be transferred to the User.

It is also prohibited to copy, modify, create a derivative work, assemble, decompile (except as permitted by law), sell, extract, assign, sublicense or transfer anything related to the Content.

The User shall refrain from infringing, directly or indirectly, upon the Company's intellectual property rights and shall refrain from exploiting, in any way whatsoever, its names, trademarks, and logos. The User agrees to respect all the rights of the Website Publisher and shall refrain from creating any association in the public mind for any purpose whatsoever.

Any total or partial reproduction of the COMPANY's intellectual property rights is strictly prohibited and may constitute an infringement.

Any violation of intellectual property rights will render the User liable. Any reproduction or representation, in whole or in part, without the express authorization of the COMPANY, exposes the User to civil and criminal penalties under Articles L.335-2 et seq. of the Intellectual Property Code.

Article 10 – Amendment to the General Terms and Conditions of Use

The COMPANY reserves the right to modify, update, rectify these Terms and Conditions freely and at any time in order to comply with legislative, regulatory and/or jurisprudential developments.

Any modification will be directly applicable to the User.

Article 11 – Clause deemed unwritten

If one or more clauses of these Terms and Conditions are declared invalid, they will be deemed unwritten without invalidating the entirety of these Terms and Conditions.

Article 12 – Applicable Law

These Terms and Conditions are subject to French law.

Article 13 – Jurisdiction and Dispute Resolution

These terms and conditions are governed by French law. This applies to both substantive and procedural rules.

Under no circumstances does the COMPANY guarantee compliance with local legislation that may apply when an Internet user accesses the site from another country.

In the event of a dispute with the COMPANY, which is not settled amicably within 45 days of written notification of the dispute by the User, the latter may, if he wishes, resort to conventional mediation or any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

The User may contact the consumer mediator ATLANTIQUE MEDIATION:

• Either by mail to the following address:

ATLANTIC CONSUMER MEDIATION

Lawyer's House

5, Popular Front Mail

44200 NANTES

• Either by email: consommation@atlantique-mediation.org

• Either electronically by filling out the dedicated form on the Atlantique Médiation website

CONSUMER:

www.consommation.atlantique-mediation.org


ARTICLE 14 – HYPERLINKS

The Site may include links to other websites or internet resources. Since the Company cannot control these external sites and resources, the Company cannot be held responsible for their availability and assumes no liability for their content, advertising, products, services, or any other information or data available on them. Furthermore, the Company shall not be liable for any actual or alleged damages or losses resulting from reliance on any such content, advertising, products, services, or any other information or data available on the Site.


ARTICLE 15: COMBATING TELEPHONE SOLICITING

You have the option to register for free on a telephone marketing opt-out list BLOCTEL (www.bloctel.gouv.fr) so that you are no longer contacted by telephone by a professional with whom you do not have a current contractual relationship, in accordance with Law No. 2014-344 of March 17, 2014 relating to consumer affairs.

Any consumer has the option to register for free on this list at https://conso.bloctel.fr/index.php/inscription.php.