1. PurposeThis website is the exclusive property of Delsey. Users wishing to use this website are deemed to have read and accepted without reservation this legal notice. Users must read any new version of this legal notice each time they visit this website. This legal notice is neither terms of service nor terms of sale
2. Acceptance of the General Terms and Conditions
The users declare that they have obtained from DELSEY all the necessary information concerning the offered services and that they agree to the present general terms and conditions of use without any reservations.
Users declare that:
- they are aware of the conditions under which the website operates;
- they have the technical skills necessary in order to access and use the site in the usual manner and in compliance with the present general terms and conditions of use.
The use of the service by the users assumes that they have agreed to the present general terms and conditions of use.
3. DELSEY’s Obligations
3.1 Service Quality /p>
DELSEY undertakes to provide high-quality services and to enable users to use the available communication means under the best possible conditions. Due to the nature and complexity of the internet network and, in particular, its technical performance and the response time required to consult, search or transfer information, DELSEY shall do its utmost, in accordance with industry practices, to allow the services to be accessed and used. DELSEY shall not guarantee that the website is fully accessible and available to provide access to services at all times. DELSEY shall not be held liable for the proper functioning of the users’ IT equipment and for their access to the internet.
3.2 Maintenance and Updates
DELSEY shall do its utmost to provide users with high-quality services. It undertakes to implement the appropriate means to ensure that the services operate in optimal conditions. DELSEY reserves the right to temporarily suspend the site or access to the services without notification or compensation, in particular in order to carry out works including but not limited to updates, maintenance work or changes to operational methods and features. DELSEY shall not be held liable for losses of any kind that may result from these changes and/or a temporary period of unavailability of the website or of its related services. DELSEY reserves the right to complete or modify the website and the services offered on the website at any time on the basis of technological developments, and shall inform users of such changes by all available means.
Due to the nature of the processed data, DELSEY shall do its utmost to secure the website against risks in accordance with industry practices.
DELSEY shall however not be held liable for the following:
- the quality of the services, which are offered “as is”;
- disruptions in the use of the website, or the inability to use the website;
- any partial or full unavailability of full or partial access to the website, the user’s account, or the published documents and content;
- difficulties related to response times or any website operating defects of any kind;
- any issues related to transferring information on the website;
- service malfunctions or website malfunctions in general;
- an interruption in services that occurs for any reason whatsoever;
- a lack of continuity in the services offered;
- failure to store the data published on the website;
- any breaches to IT security that may damage users’ IT equipment and data and/or the presence of viruses on the website.
4. User Obligations
The user shall be liable for his/her use of the services and for his/her actions on the website. The user shall undertake to use the website fairly and to comply with the present general terms and conditions of use by acting in a manner that is compatible with the website and in accordance with the laws and regulations in affect, public policy and standards of behaviour, and third party rights. The user undertakes not to commit any illegal or fraudulent acts against DELSEY, other users, or third parties. The user is prohibited from collecting information on other users, and in particular email addresses, in any way whatsoever, whether manually or automatically, without their permission and in particular for the purpose of sending unsolicited emails, spam, chain emails, etc. Generally, the user undertakes to notify DELSEY of any failures in the services or website that he/she may notice.
The website is an automated data processing system.The user is prohibited from fraudulently accessing or continuing to access all or part of the website. The user is prohibited from using any access methods other than the interface provided by DELSEY. Should such a method be discovered or should the user gain access to a restricted space without authorisation and inadvertently, he/she undertakes to inform DELSEY without delay by sending an email to firstname.lastname@example.org so that the latter may take the necessary measures. The user is prohibited from deleting or modifying any data contained on the website that was not published by himself/herself, or from fraudulently introducing data or altering the way the website operates. In particular, the user shall ensure that he/she does not introduce any viruses, malicious code or any other harmful technology into the website or the services offered on the website. All access to restricted spaces shall be deemed fraudulent under the terms of the Criminal Code. The user undertakes to consider all data he/she may gain knowledge of as a result of such access to a non-authorised space to be confidential data, and consequently undertakes not to disclose it. In particular, the user is prohibited from any actions undertaken with the aim to overload a page, affect the bounce rate, or any other operations that may result in the functioning of the website being impeded or distorted. The user undertakes not to use any devices or software of any kind that may result in a disruption to the functioning of the website. The user undertakes not to carry out any actions that would result in an excessive overload of the website infrastructure. The user shall accept the features and limitations of the Internet. He/she shall be aware that data transmitted over the Internet may not be protected, in particular against potential misuse. The user shall take all appropriate measures in order to ensure his/her own security, in by managing his/her login names and passwords, which he/she will keep confidential. The user shall also protect his/her own data and/or software from being contaminated by any potential viruses on the Internet. The user undertakes to inform DELSEY of any security breaches it may discover via the Contact Us page accessible from all pages of the website. Lastly, users should ensure that they save all data sent and all content published as part of the services.
5. Personal Account
Access to the website is free and does not require users to first create a personal account. However, certain portions of the website or of the offered services are only accessible to users who have a personal account and password, in accordance with the terms and conditions indicated in the online subscription form and the present general terms and conditions of use. Subscribers shall guarantee the accuracy of the information provided for subscription purposes. Once the form is validated, a registration confirmation email shall be sent before the account is opened.
Passwords are strictly personal and confidential.The subscriber shall be solely responsible for preserving and maintaining the confidential nature of his/her password as well as of any other related confidential data. He/she undertakes to take all necessary measures in order to ensure strict confidentiality. The use of a password assumes that the user to whom the password belongs has used the services offered on the site. The subscriber undertakes to notify DELSEY without delay if his/her password is stolen. The notification shall be sent by email to user services at email@example.com
5.3 Right of Use
Opening an account grants subscribers a right to use the services that is non-exclusive and revocable in accordance with the conditions contained in the present document.
5.4 Warning, Suspension and Closure
Without prejudice to any other remedies, DELSEY reserves the right issue a warning to a subscriber, temporarily suspend the use of an account, or shut down an account under the following circumstances:
- the subscriber is in breach of all or part of the present terms and conditions of use;
- DELSEY is not able to verify or authenticate the information provided by the subscriber, and the subscriber does not respond to DELSEY’s requests for authentication;
- DELSEY assesses that the subscriber’s actions are likely to incur his/her, DELSEY’s, or other members’ liability.
6. Intellectual Property
6.1 DELSEY’s Property
The present general terms and conditions shall not result in the transfer of any property rights on elements belonging to DELSEY to the customer. The content of the website, its general structure, as well as the trademarks, drawings, models, animated or non-animated images, texts, photographs, logos, graphic charts, software and programmes, search engines, databases, sounds, videos, domain names, design, DELSEY know-how and all other elements that make up the website including but not limited to the above or any other information contained in the website, are the exclusive property of DELSEY or third parties that have assigned a license to it, and are protected by intellectual property rights that are or will be recognised under current legislation. Any full or partial reproduction and/or representation of one or more of these elements without DELSEY’s express permission is prohibited and shall constitute an infringement sanctioned under the provisions of the Intellectual Property Code. Consequently, the user is prohibited from engaging in any behaviour or actions likely to directly or indirectly infringe upon DELSEY’s intellectual property rights.
6.2 Elements Made Available Online by the User
Where appropriate, the user shall grant DELSEY the right to use the content published on the website, which is his/her exclusive property and is protected by the intellectual property rights recognised by the legislation in effect. This right of use shall cover DELSEY’s right to, as part of the services, reproduce, represent, adapt, translate, digitalise, use for service purposes or sublicense the elements on any currently-available or future communication mediums. This right of use is transferrable. It shall be assigned by the user to DELSEY at no cost and shall apply to the entire world for the entire period during which the content is available online as well as for the period during which it is subsequently stored by DELSEY under the conditions contained in the present document. The user undertakes to take all the necessary measures in order to protect these rights from third parties and guarantees DELSEY’s right to peaceful enjoyment of its rights, in particular against any recourse from third parties.
6.3 Third party elementsElements belonging to third parties, including but not limited to trademarks, drawings, designs, images, texts, photographs and logos, are the exclusive property of their authors and are thus protected by the intellectual property rights recognised by the legislation in effect. The user is prohibited from directly or indirectly infringing the intellectual property rights of third parties that have content on the website. The user is also prohibited from exploiting in any way whatsoever the trademarks, logos, software, information, databases and all other documents that may, in a general manner, be disclosed to him/her as part of the performance of this agreement. The user undertakes to comply with the rights of all third parties whose content is present on the website and is prohibited from engaging in actions that create any confusion in the mind of the public for any purpose whatsoever. n this context, the user undertakes to take all necessary measures to protect the above third party rights and, in particular, retain all mentions of ownership indicated on all data, information, and, more generally, on all elements that can be consulted on the application or that are accessible to third parties.
7. Applicable Law
The website is dedicated to French users. All information on the website is in French. The present terms and conditions of use are governed by French law. French law shall apply to both substantive and procedural matters irrespective of where the substantive or ancillary obligations are performed.