GENERAL CONDITIONS OF USE
LANDEMA.COM
PREAMBLE
LANDEMA, a French Société par Actions Simplifiée (simplified joint stock company) with share capital of 500,000.00 euros, registered in the Mont de Marsan Trade and Companies Register under number 902 953 215, whose registered office is located at 2760 route de Bélis in Le Sen (40420), in the person of its legal representative duly authorised to enter into these terms and conditions (hereinafter referred to as the Operator), publishes and operates the Internet platform accessible at the following address: www.landema.com (hereinafter referred to as the Site).
The Operator publishes and operates the Site, which provides Users with information about LANDEMA products and also allows Users to order products offered on the Site online.
These General Conditions of Use (or GCU) detail the rules applicable to access and use of the Site.
These GCU can be consulted and downloaded from the following URL address: landema.com/cgu
ANY USE OF THE SITE FOR ANY PURPOSE WHATSOEVER REQUIRES CAREFUL READING AND PRIOR ACCEPTANCE OF THESE GGU, WHICH ALL USERS UNDERTAKE TO RESPECT.
1. DEFINITIONS
The terms mentioned below have the following meaning in these GCU:
"Personal Data Charter": refers to the charter setting out LANDEMA's personal data protection policy (personal data protection charter);
"Customer": refers to a User who holds an Account;
"Order": refers to the purchase of LANDEMA Products made by the Customer on the Site via his/her Account;
"Account": refers to the space created on the Site, exclusively reserved for a User and allowing access to the purchase of LANDEMA Products;
"General Terms and Conditions of Use" or "GTCU": refers to the general terms and conditions of use of the Site which govern the relationship between LANDEMA and Users, with regard to access and/or use of the Site, to the exclusion of any other document;
"General Terms and Conditions of Sale" or "GTCS": means this document which governs the relationship between LANDEMA and Users in relation to the purchase of LANDEMA Products on the Site, to the exclusion of any other document;
"User Data": means all data entered, recorded, added, shared or communicated on the Site by the User in the course of using the Site, such as, but not limited to, comments or personal data.
"Element(s)": refers to any content (including, but not limited to, graphics, images, photos, videos, drawings, logos, names, brands, texts, information and other documentation, databases, etc.) accessible, visible and/or available on/through the Site.
"Identifiers": refers to the User's email address and password for accessing his/her Account. These Identifiers are for the exclusive use of the User, who is solely responsible for them.
"LANDEMA": refers to the company LANDEMA, a simplified joint stock company with a single shareholder, with capital of 500,000.00 euros, whose registered office is located at 2760 route de Bélis in Le Sen (40420), registered in the Mont-de-Marsan Trade and Companies Register under number 902 953 215, owner of the Site and holder, in particular, of the intellectual property rights relating thereto;
"Shop": refers to LANDEMA's physical shop located at Le Sen (40420), 2760 route de Bélis;
"Legal Notice": refers to the legal notice on the Site;
"Product(s)": refers to the product(s) marketed by LANDEMA and offered for sale on the Site;
"Service": means all the content and resources present on the Site, provided by LANDEMA and made available to the User in particular when consulting the Site, creating an account or making a purchase;
"User": means, unless otherwise stated, any person accessing the Site directly or indirectly.
2. USE OF AND ACCESS TO THE SITE
Access to and use of the Site implies unreserved acceptance by the User of the General Terms and Conditions of Use (including these GTCU, the Personal Data Charter, the Cookie Management Charter and the Legal Notice). The User therefore confirms that he/she has read and understood these GCU in their entirety before using the Services and undertakes to comply with them.
Any User who does not wish to accept all or part of the GCU or any subsequent modification must refrain from using the Site.
The Site is accessible free of charge at the following address: https://landema.com. LANDEMA reserves the right to interrupt or temporarily suspend access to the Site or to modify access thereto for maintenance or any other reason, without this giving rise to any right to compensation for the User.
To be able to use the Site, the User must have computer equipment compatible with LANDEMA's minimum technical specifications. Before using the Site, the User must ensure that his or her computer equipment is compatible with the use of the Site and the products and services accessible on the Site. Under no circumstances may LANDEMA be held liable if the User is unable to access the Site.
3. ACCEPTANCE OF THE CGU
Use of the functionalities of the Site and associated functionalities implies acceptance of these GCU.
The User therefore undertakes to read these GCU carefully when accessing the Site and is invited to download them, print them and keep a copy.
Any creation of an Account requires express acceptance of these GCU.
4. CREATING AN ACCOUNT
The User may, but is not obliged to, create an Account on the Site if he/she wishes to access and use the following Services:
- Place an Order
- Access all their past and current Orders;
- Access Order details, view their invoice or track their parcel;
- Access the technical documents associated with the products purchased, in particular the Certificates of Analysis.
- Access and modify addresses: consult addresses already registered, add, modify or delete an address;
- Change your password;
- Post a review for a Product, it being specified that the review will not necessarily be published.
By creating an Account, the User accepts these GCU and the Personal Data Charter.
Furthermore, it is specified that access to Services does not include automatic subscription to LANDEMA newsletters.
The creation of an Account on the Site is reserved for any natural person aged at least 18 and/or legally capable.
With regard to their rights, identified Users may, at any time, modify the information they wish to receive or unsubscribe by clicking on the link provided for this purpose at the bottom of each newsletter.
All the fields in the Account creation form must be completed, with the exception of those indicated as optional. Failure to do so will result in the Account not being created. All information provided by the User must be accurate.
When the User creates an Account on the Site, he or she receives an email confirming the creation of the Account on the same day.
LANDEMA reserves the right to delete any Account that does not comply with these GCU.
Each User agrees not to publish, without this list being exhaustive:
- content infringing the rights of others (privacy, right of personal portrayal, etc.) or of a defamatory, insulting, obscene or offensive nature or infringing the protection of children and adolescents;
- content of a violent, pornographic or suicidal nature or that encourages the commission of crimes or offences, discrimination or racial hatred;
- content whose purpose is to disseminate commercial, advertising, promotional or propaganda messages;
- content containing advice or comments that contravene legal or regulatory provisions;
- content that contravenes copyright (in particular reproduction, representation or distribution of a work), neighbouring rights, trademark law or the law applicable to databases;
- hypertext links referring or linking to external sites or linking to information containing computer viruses or bypassing technical protection devices or enabling any act of piracy or hindering or disrupting access to and use of the Site, networks or servers connected to the Site;
- In general, any content that is contrary to the law or public order.
5. INTELLECTUAL PROPERTY
The Site is the exclusive property of The Operator. The Site and all of its content, including text, still or animated images, databases, programmes, etc., are protected by the intellectual property legislation currently in force in France. The OPERATOR is the owner and/or has the authorisation to use all the rights relating to the logos, trademarks, distinctive signs, texts, illustrations, photographs, images and videos as well as the databases and software used in the operation of the Website.
In this respect, THE OPERATOR only grants Users of the Website authorisation to view its content on a personal and private basis, to the exclusion of any public viewing or distribution. Authorisation to reproduce is granted to Users only in digital form on their computer for the purposes of viewing the pages consulted by their browser software. Hardcopy printing is authorised for the purposes of private copying for the exclusive use of the copier within the meaning of article L122-5 2° of the French Intellectual Property Code.
Any other use not expressly mentioned in these GCU is not permitted and requires the prior written consent of THE OPERATOR.
The domain name " landema.com " and all its extensions is the exclusive property of THE OPERATOR.
6. OBLIGATIONS
6.1. Users' obligations
When using the Website, each User undertakes not to undermine public order and to comply with the laws and regulations in force, to respect the rights of third parties and the provisions of these GCU.
6.1.1 Behaviour and undertakings
Each User is obliged to:
- Behave fairly towards the Operator, other Users and third parties;
- To be honest and sincere in the information provided to the Operator and, where applicable, to other Users;
- Use the Site in accordance with its purpose as described in these GCU;
- Not divert the purpose of the Site to commit crimes, offences or contraventions punishable under the Criminal Code or any other law;
- Respect the privacy of third parties and the confidentiality of exchanges;
- Not to seek to undermine the automated data processing systems implemented on the Site, in accordance with articles 323-1 et seq. of the French Criminal Code;
- Not to use the Site to send unsolicited mass messages (advertising or other);
- Not to disseminate data that has the effect of reducing, disorganising, slowing down or interrupting the normal operation of the Site.
- Carry out the administrative formalities appropriate to their status as a Customer.
In compliance with the legal and regulatory provisions in force and in accordance with the law of 29 July 1981 relating to freedom of the press, the User undertakes not to disseminate any message or information :
- constituting wrongful denigration of the Operator or Customers ;
- contrary to public order and morality; or
- offensive, defamatory, racist, xenophobic, revisionist or damaging to the honour or reputation of others;
- incites discrimination or hatred of a person or group of persons on the grounds of their origin or their membership or non-membership of a particular ethnic group, nation, race or religion;
- threatening a person or a group of persons;
- of a paedophile nature;
- inciting to commit an offence, a crime or an act of terrorism or glorifying war crimes or crimes against humanity;
- inciting to suicide;
- enabling third parties to obtain, directly or indirectly, pirated software, software serial numbers, software enabling acts of piracy and intrusion into computer and telecommunications systems, viruses and other logic bombs and, in general, any software or other tool enabling the rights of others and the security of persons and property to be infringed.
The User fills in, activates/deactivates under his/her sole responsibility, the information and/or settings requested within the framework of the Site and necessary for access to/use of certain Services. The User guarantees that the User Data is accurate and true. The User undertakes to inform THE OPERATOR of any updates to his/her User Data.
6.1.2 Responsibility of the User
The User is solely responsible for the proper functioning of his computer equipment as well as his Internet access.
The User is personally responsible for setting up the IT and telecommunications resources and associated settings required to access all or part of the Site, and in particular for the knowledge required to use the Internet and to access all or part of the Site.
The User acknowledges that he/she has checked that the computer configuration he/she is using contains no viruses and is in perfect working order.
The User undertakes to implement any means or procedure to ensure the security of the hardware and software enabling him/her to use the Site.
The User is solely responsible for use of the Site and for all activities carried out under his/her Identifiers. He alone is responsible for the use of the Elements offered via the Site, for any interpretation, any decision made and any action taken on the basis of the information contained in or obtained via the Elements.
Furthermore, Users are solely responsible for the quality, lawfulness and relevance of the data, declarations and content that they transmit/make for the purposes and in the context of using the Site. In particular, the Customer declares and confirms that he/she alone is responsible for the use he/she makes of the User Data and for any damage that may result from non-compliant use.
6.1.3 Consequences
Generally speaking, unless expressly provided otherwise, at any time and for any reason whatsoever, the Operator may implement any means enabling it to terminate, without notice in the event of a serious breach, a User's use of the Platform, as the case may be, for any conduct that violates these GCU, the law or the rights of a third party, without prejudice to any damages and interest that the Operator reserves the right to claim in the event of non-compliance with these GCU.
The User agrees to hold harmless, indemnify and hold harmless the Operator (and its officers, directors, employees involved in accessing and using the Site) from and against any and all claims, complaints, demands, damages (direct and indirect) of every kind and class, known and unknown, including reasonable attorneys' fees, resulting from the User's failure to comply with the TOU, any law or the rights of any third party.
6.2. Obligations of the OPERATOR
The Operator undertakes to use its best endeavours to make the Site and its functionalities accessible 24 hours a day, 7 days a week, except in the event of force majeure or an event beyond the Operator's control and subject to any breakdowns or maintenance operations necessary for the proper functioning of the Site.
However, the Operator may not be held responsible for any disruptions, interruptions or anomalies that are not of its making and that affect transmissions via the Internet network and more generally via the communications network, regardless of the extent and duration of such disruptions.
It is also specified that the Operator reserves the right to temporarily interrupt access to the Site or to suspend all or part of the Services for maintenance reasons, to improve and install new functions, to audit proper operation or in the event of a malfunction or threat of a malfunction.
7. RESPONSIBILITIES
The Operator will use its best endeavours to provide Users with up-to-date and recent information. However, the Operator may not be held liable for any errors, omissions or results obtained as a result of misuse of this information.
Furthermore, the Operator may not be held liable under any circumstances:
- in the event of temporary inaccessibility of the Site for technical maintenance or updating of the information published. Users acknowledge that the Operator may not be held liable in the event of malfunctions or interruptions in the said transmission networks or in the computer equipment of Users of the Platform;
- in the event of viral attacks;
- in the event of abnormal use or illicit exploitation of the Platform;
- in the event of non-compliance with these GCU attributable to Users;
- in the event of delay or non-fulfilment of its obligations, when the cause of the delay or non-fulfilment is linked to a case of force majeure;
- in the event of a cause beyond the Operator's control;
Furthermore, the Operator may not be held responsible for messages, content or information of which it is not the direct author. The Operator undertakes to correct any errors or omissions as soon as they have been brought to its attention, and more generally to modify all or part of the Site at any time, as well as the present provisions, without its liability being incurred as a result.
Downloading of any material when using the Site shall be at the Users' own risk. Users shall be solely liable for any damage suffered or caused by their computer or for any loss of data resulting from such downloading.
More generally, the Operator may under no circumstances be held liable for any direct and/or indirect damage resulting from the use of this Site.
With regard to data security, in accordance with its Personal Data Protection Charter, the Operator undertakes to take all useful precautions, including all technical and organisational measures, to preserve the security of the data collected on this Site and prevent it from being distorted, damaged or accessed by unauthorised third parties.
8. PROTECTION OF PERSONAL DATA AND COOKIES
8.1 Cookies
When the User browses the Site, the latter may place "cookies", very simple text files, on the computer, smartphone, tablet or other medium connected to the Site. The dedicated "Cookies" page can be accessed by clicking here.
8.2 Personal data
The data collected via the forms on the Platform or the purchase of Products is processed automatically. The User may consult the page dedicated to personal data "Personal data protection charter" by clicking here.
9. CONTACT
Any questions or complaints regarding the use or operation of the Site may be submitted as follows:
- either and preferably via the contact form on the Site via the following link: https://www.landema.com/contact.html ;
- or by telephone on the following number: +33 5 58 51 08 70 (not surcharged).
10. VALIDITY OF THE GCU
If any one of the stipulations of these GCU is declared null and void with regard to a legislative or regulatory provision in force and/or a court decision having the force of res judicata, it will be deemed unwritten but will in no way affect the validity of the other clauses, which will remain fully applicable.
Any such modification or decision shall in no way authorise Users to disregard these GCU.
11. MODIFICATION OF THE GCU
These GCU apply to all Users browsing the Site.
The Operator reserves the right to modify the GTC, the GTC, the Cookies policy, the Legal Notice and the Personal Data Protection Charter at any time.
The latest version of the General Terms and Conditions of Use is permanently accessible on the Site via the dedicated tabs "Legal Notice", "General Terms and Conditions of Use" and "Privacy Policy" and may be consulted by Users at any time. Users are therefore invited to consult this section regularly, as updates may have been made since their last visit.
12. JURISDICTION AND APPLICABLE LAW
Use of the Site is governed by French law.
Any dispute that cannot be settled amicably between the Operator and the User will be submitted to the competent French jurisdiction.
Date of last update: 21 MARCH 2023
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