Terms and conditions
Article 1 – Definitions
The following definitions apply throughout these Terms and Conditions:
- 'Website' or 'Service': the website https://www.sos-accessoire.com and all its pages.
- 'Publisher': SOS Accessoire, the legal entity or natural person responsible for the publication and content of the Website.
- 'User': the internet user visiting the Website and making use of its Services.
These are the Terms and Conditions (referred to below as the 'T&C') of the Publisher of the Website. The User of the Website is encouraged to carefully read these T&C and either print or save them in hard copy form. The User confirms that they have read these T&C and have accepted them in their entirety and unreservedly.
Article 2 – Application of the T&C
The purpose of these T&C is to define the conditions governing the Users' access to the Website. The Publisher reserves the right to modify the T&C at any time by publishing a new version of them on the Website. The T&C applicable to the User are those in effect on the day the User accepts them. .
The Website is freely available to all Users to access without charge. The acquisition of a product or a service, or the creation of a member space, or, in more general terms, the act of browsing the Website implies acceptance, by the User, of the entirety of these T&C and an acknowledgement on the part of the User that they have fully read and understood them.
Where the User is concerned, this acceptance can consist, for example, of ticking the checkbox corresponding to the acceptance phrase of these T&C, which will include, for example, a statement such as " I confirm that I have read and accepted the Website terms and conditions in their entirety ". The act of ticking this checkbox will be considered the equivalent of a written signature provided by the User.
The User acknowledges that the automatic registration systems used on the Website by the Publisher have evidential value and, unless able to provide evidence to the contrary, the User agrees not to challenge them in case of litigation.
The acceptance of these T&C implies, on the part of the Users, that they are legally competent to provide that acceptance. If the User is a minor or is not legally competent in this respect, they declare that they have the authorisation of either a legal guardian or their legal representative.
Article 3 – Legal information, personal data and the purpose of the Website
This Website is published and maintained by SOS Accessoire SAS. The legal information pertaining to both the Website hosting service and the Publisher of the Website, particularly their contact details and any information relating to company capital and registration, is provided in the legal information section of this Website.
Information relating to the collection and processing of personal data (policy and statement) is provided in the Website's personal data charter.
The purpose of this Website is defined as that of an 'online selling website'.
Article 4 – Member spaces
The User registered on the Website (the member) has the possibility of accessing the Website by logging in with their login details (the email address stipulated at registration together with their password) or by using systems such as third-party login buttons provided by social network sites. The User is entirely responsible for keeping the password they choose safe and protected. The User is encouraged to use complex passwords. If the User forgets their password, they have the possibility of generating a new one. This password constitutes the guarantee of confidentiality that applies to the information contained in the 'My account' section of the Website, and the User therefore agrees not to pass or divulge it to any third parties. Should the User pass or divulge their password to a third party, the Publisher of the Website will not be held responsible for any unauthorised access to the User's account that occurs.
The creation of a personal space is an essential prerequisite to any order placed on the Website, or contribution made to the Website, by the User. To this end, the User will be invited to provide certain items of personal information. The User agrees to provide accurate information.
The data is collected for the purpose of creating a 'member account'. If the data contained in the member account section of the Website disappears as a result of a technical fault or due to force majeure, the Website and its Publisher cannot be held responsible, as this data is purely informational in character and has no probative value. The pages pertaining to member accounts may freely be printed by the holder of the account in question, but do not in any way constitute evidence; they are purely informational in character and serve only to ensure the effective management of the service or the contributions made by the User.
Each User is free to close their account and remove their data from the Website. To do this, they must send an email to SOS Accessoire indicating that they wish to remove their account. Once the account has been removed, it will no longer be possible to retrieve the data.
The Publisher reserves the exclusive right to remove the account of any User who contravenes these T&C (especially, but without this example being in any way exhaustive, in cases where the User has knowingly provided erroneous information when registering on the Website and creating their personal space) or any account that has been inactive for one year or more. This account removal cannot be considered to constitute a loss for the excluded User, who will therefore not be able to claim any damages in this respect. This exclusion does not exclude the possibility of the Publisher taking legal action against the User, if justified by the circumstances.
Article 5 – Access to and availability of the Website
The Publisher does its best to ensure the Website is always accessible, with the proviso that maintenance operations will sometimes need to be carried out on the Website or the servers on which it is hosted. Should access to the Website be rendered impossible due to technical issues of any kind, the User will not be entitled to claim any damages or compensation.
The Publisher of the Website has only a best endeavours obligation; it cannot be held liable for any damage resulting from use of the internet, such as loss of data, intrusion, viruses, breaks in service, or any other type of damage.
The User expressly agrees to use the Website at their own risk and at their own responsibility.
The Website provides the User with information for informative purposes only, and this information is potentially subject to imperfection, errors, omissions, inaccuracies and ambiguities. Under no circumstances can SOS Accessoire be held responsible:
- For any direct or indirect damage, particularly with respect to profits, loss of income, loss of customers or loss of data, resulting, amongst other things, from use of the Website, or conversely, from the impossibility of using it:
- For malfunctions, unavailability of access, incorrect use, incorrect configuration of the computer, or the use of a little-used web browser by the User.
Article 6 – Hypertext links
The Website may contain hypertext links to other websites.
As a consequence, the User recognises that the Publisher cannot be held responsible for any damage or loss, either proven or alleged, resulting from or relating to the use of, or due to being exposed to, content, advertisements, products or services available on these websites and from these external sources. Likewise, the Publisher of this Website cannot be held responsible should the User incur any damage through visiting one of these websites.
If, despite the efforts of the Publisher, one of the hypertext links present on the Website leads to a website or an internet source whose content does not comply, or appears to the User not to comply, with the requirements of French law, the User agrees to immediately contact the Website's publication director, whose contact details are included in the Website's legal information section, and communicate the relevant addresses of the pages on the third-party website in question.
Article 7 – Cookies
The User acknowledges that they have been informed about this practice, and authorises the Publisher of the Website to make use of it. The Publisher agrees to never communicate the content of these cookies to third parties, except where legally required to do so.
The User can refuse the storage of cookies, or configure their browser to provide prior warning before accepting them. To do this, the User will need to adjust their browser's options accordingly:
- If using Internet Explorer: https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies
- If using Safari: https://support.apple.com/en-gb/HT201265
- If using Google Chrome: https://support.google.com/chrome/answer/95647?hl=en-GB&hlrm=en&safe=on
- If using Firefox: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences
- If using Opera: http://help.opera.com/Windows/10.20/en/cookies.html
Article 8 – Intellectual property rights
All parts of this Website belong to either the Publisher or an authorised third party, or are used by the Publisher on the Website with the authorisation of their owner.
All use, reproduction or adaptation of the Website's content, including but not limited to logos, textual or pictorial content and videos, is strictly prohibited and constitutes a form of counterfeiting. .
Any User committing an act of counterfeiting is liable to have their access to the Website removed without prior notice or compensation and without the possibility that such an exclusion will constitute a damage caused to the User, independent of any subsequent legal action taken against the User on the initiative of the Publisher of this Website or their authorised agent.
The brands and logos contained on the Website are liable to be legally registered by SOS Accessoire, or possibly by one of its partners. Any person discovered using, reproducing, embedding, transmitting or redistributing these brands and logos is liable to sanctions.
Article 9 – Responsibilities
The Publisher is not responsible for the content or veracity of material published by Users. The Publisher cannot, under any circumstances, be held responsible for any damage to the User's computer system and/or loss of data that may occur as a result of the User's use of the Website.
The Publisher agrees to continuously update the content of the Website and to provide the Users with accurate, clear, precise and current information. The Website is in principle always accessible, except during times when technical maintenance operations or content updates are being carried out. The Publisher cannot be held liable for any damage incurred as a result of the Website, or any part thereof, being unavailable at any time.
The Publisher cannot be held responsible for the Website being unavailable for technical reasons, whether due to force majeure, maintenance activity, an update, a modification to the Website, an action on the part of the hosting service, internal or external industrial action, a network outage or an electrical power cut.
The Publisher cannot be held responsible for any non-operation, non-accessibility or malfunction of the Website attributable to the use of incompatible equipment, to incorrect configuration or incorrect use of the User's computer, or to faults with the services provided by the Users' access providers or with those of the internet network itself.
Article 10 – Users' contributions to the Website's content
Users are provided with the ability to contribute to the content of this Website. Users are informed that the Publisher of the Website, or any moderator representing the Publisher, may elect to publish said content in the Website's newsletters and on the websites of all its partners, and can choose whether or not to cite the username of the author of the contribution.
The author therefore concedes their rights over the content of their contributions to the Publisher of the Website for the purposes of all transmission or use, even of a commercial nature, on the internet, with the proviso that the author's authorship of said material is, of course, always respected.
Article 11 - Geographical limitations of use
The use of the Services of the Website is not geographically limited.
Article 12 - Notifications and complaints
All notifications and complaints concerning either these T&C, the Website's legal information or the personal data charter must be made in writing and sent by registered mail, or by email, to the address specified in the Website's legal information, and must include the notifier's contact details, first name, surname and the subject of the notification or complaint.
All claims pertaining to the use of the Website, the Services, any social media pages belonging to the Website, the T&C, the legal information or the personal data charter must be submitted within the 365 days following the day on which the problem arises, independent of any law or legal regulation to the contrary. Where a claim of this sort is not submitted within the following 365 days, said claim will then forever remain legally unenforceable.
It is possible that the Website and the Services provided, as a whole, may, to a limited extent, contain inaccuracies or errors, or information that is not compliant with either the T&C, the Website's legal information or the personal data charter. Additionally, it is also possible that unauthorised modifications could be made on the Website or on peripheral Services (e.g. social networks) by third parties.
Should such a situation escape our attention, the User has the possibility of contacting the Publisher of the Website by post or email at the addresses indicated in the Website's legal information. When contacting the Publisher in this way, the user should include, if possible, a description of the error and its location (URL) together with sufficient information to enable them (the User) to be contacted.
Article 13 – Severability
Should a provision of the T&C be judged illegal, null or inapplicable for any other reason, said provision will then be considered divisible from the T&C and will not affect the validity or applicability of the remaining provisions.
These T&C supersede all prior or contemporaneous written or verbal agreements. They cannot be ceded, transferred or sub-licensed by the User themselves.
A printed version of the T&C and all the legal notices that have been provided in electronic form may be requested as part of legal or administrative procedures relating to the T&C. The parties agree that all correspondence relating to the T&C must be written in the French language.
Article 14 – Applicable law
These T&C are governed by and subject to the laws of France.
Notwithstanding any public policy provisions, any dispute that may arise out of or in connection with these T&C can be submitted to the Publisher of the Website for evaluation, with a view to reaching an amicable settlement, prior to any legal action taking place.
The User is expressly reminded that a request for amicable settlement does not extend the time limits applicable to the bringing of legal action.
Unless otherwise specified by public policy, any legal action relating to the application of these T&C is subject to the jurisdiction of the courts of the defendant's place of residence.