TERMS OF SERVICE

​

This document brings together all the legal information relating to the editorial activity of the website www.ledomainedelapalmeraie.com, throughout its existence.

 

This information is up to date and accessible at any time on the aforementioned site.

 

Article 1. Definitions

The Site: the website accessible at the address www.ledomainedelapalmeraie.com. 

General Conditions: this document as a whole ("the General Conditions", also referred to as "General Conditions of Use", or "CGU"), governing the use of the Site by any user, in any country.

The Publisher: Mr. Pascal CONCHE, sole representative of the Site.

The User: any natural person browsing the Site under his full responsibility, presumed to have full legal capacity. 

The Services: all the services offered by the Publisher via the Site.

The Parties: means together the Publisher and the User.

 

Article 2. Purpose

  . The Site is a showcase whose purpose is to inform its visitors and users about the activities of the Publisher and to allow them to contact the latter through it.

  . The purpose of these General Conditions is to determine all the provisions applicable to any use of the Site by any person, from any computer terminal and from any country, distributes the mutual rights and obligations in this frame. 

  . These General Conditions do not have the purpose or effect of governing the commercial relations between the Publisher and its customers, which are governed exclusively by a contract for the provision of services, proposed by the latter at the time of a subscription to offer(s) and accepted by the customer at the same time as the quotation proposed by the latter.

  . The use of the form alone does not entail any seller's obligation at the Publisher's expense.

 

Article 3. Conditions of application and acceptance 

3.1. Terms of application 

  . It is recalled that the application of these General Conditions is subject to the full legal capacity and the free and informed consent of the Parties, as well as to the legality of the User's initiative. The General Conditions apply totally and exclusively, with the exception of the mandatory provisions of the law in force.

 

3.2. Time of acceptance and duration

  . The User admits that his navigation on the Site automatically entails his acceptance of these General Conditions, and that his consent is deemed to have been respected as soon as he enters the home page of the Site or the first one he visits._cc781905 -5cde-3194-bb3b-136bad5cf58d_

  . Concerning the collection and processing of personal data, the Publisher systematically informs Users of the collection of personal data before the validation of the operation which requires it, and allows them to explicitly consent to this collection operation. , by any technical process making it possible to certify this consent (checkbox, captcha, clickable button, etc.).

  . These collections are in all cases carried out in strict compliance with the privacy of Users and the Publisher's Privacy Policy. 

 

3.3. Indivisibility

  . These General Conditions are indivisible and their acceptance is valid for the whole. Under no circumstances may Users voluntarily waive the application of one or more of its clause(s). The possible voluntary modification or substitution on the part of the Publisher of one or more clause(s) of these General Conditions, and for any reason whatsoever, does not constitute a waiver by him of the whole.  

  . Also, it is accepted between the Parties that in the context of any legal proceedings, the recognition of the invalidity of one or more clause(s) of these General Conditions would only be valid for those concerned. by this procedure.

 

Article 4. Use of the Site 

Section 4.1. IT security

  . The User agrees to comply with these General Conditions and all applicable law.

  . It is recalled that consultation of the Site is free, and that any additional costs borne by the User as a result of navigation, and attributable to other service providers, cannot in any way be blamed on the Publisher or borne by this last.  

  . The Publisher undertakes to provide and maintain the Site in optimal computer security conditions under normal conditions of use. 

  . As a result, the latter can in no way be held responsible for any form of computer attack suffered by the User that may have a direct or indirect link with his browsing on the Site.

  . Fraudulent access to the Site and/or fraudulent maintenance on the Site, liable to hinder its operation in any way whatsoever, as well as the introduction and/or modification of data contained in the latter, constitute offenses liable to be prosecuted and to give rise to compensation and/or a court conviction.

 

Section 4.2. Hypertext links

  . The establishment of any hypertext links to the Site, from any site and any terminal, is a priori free subject to compliance with the following conditions:

- the practice of links must not be abusive or systematic;

- the link has been checked beforehand and does not a priori involve any IT risk;

- the link does not violate any intellectual property rights and cannot in any way represent a risk of confusion in the mind of the public.

  . The User undertakes to remove said link upon simple written request from the Publisher, whose liability is strictly excluded for any damage resulting from any technical problem and/or security breach arising from such a hypertext link, affixed with or without the latter's consent.

   . Any information accessible on the Internet via a link leaving the Site is not under the control of the Publisher who declines all responsibility for their content. 

 

Section 4.3. Editor's moderation on shares, reviews and comments

  . The Publisher provides active and a priori monitoring of the content of the Site as a whole, with regard to all positive law and standard practices on the Internet, and reserves, for the proper performance of its obligations as publisher of website, a discretionary and unilateral power of moderation and control over the entire Site. 

  . The Publisher reserves the right, at any time and without having to justify it, to delete any information that may disrupt the operation of the Site or violate these GCUS, national or international laws, or the rules of Netiquette, as well as than to exclude the authors or those responsible for the publication of said content, and/or to cancel the Services subscribed to, without prejudice to any legal procedure opened by the law in force in compensation for any damage.   

  . Thus, Users admit to using the interactivity functions on the Site (shares, opinions, comments), in connection with the social network buttons present on the Site, under their own responsibility. The conditions for collecting data on this occasion are specified in the Service Provider's Privacy Policy. 

  . Users can always contact the Service Provider, via the following email address:

contact@ledomainedelapalmeraie.com

 

Article 5. Suspensions of service and force majeure

  . Any interruption of the Site and consequently any suspension of the Services offered on the Site, attributable to a case of force majeure, due to a third party, the vagaries of technology, and in general any unforeseeable, irresistible and independent circumstances will of the Publisher, can not engage the responsibility of the latter. 

  . In such cases, the contractual obligations of the Publisher are suspended without penalty for the duration of their existence. 

 

Article 6. Intellectual property 

6.1. The trademark, trade name and domain name

   . The Publisher benefits from a monopoly of exploitation of the commercial sign.

  The following domain names are also registered and protected (all subdomains included): www.ledomainedelapalmeraie.com and www.ledomainedelapalmeraie.fr 

  . It follows that any reproduction, use, affixing and imitation, in whole or in part, in any form and by any process whatsoever, of the elements constituting this sign (texts, name, slogan, drawing, image, logo, slogan, and any other potentially representative element) is prohibited without prior and express agreement from the Publisher. 

  . Failure to respect these rights is likely to lead to prosecution, in particular for counterfeiting, according to the procedures in force and in accordance with articles L 713-1 and following of the Intellectual Property Code.

  . The commercial exploitation of names and distinctive signs of the said brand, of the domain name and of the Site, and in general of the aforementioned commercial sign, prejudicing the Publisher by creating any form of confusion in the mind of the public, is likely to lead to prosecution for unfair competition and/or economic parasitism according to the procedures in force.  

 

6.2. The Site and the elements of the Site

. The Site, in all its elements, is the full property of the Publisher (including and not limited to texts, logos and photos, videos, codes, figures etc.). 

  . The Publisher acts in compliance with the legitimate intellectual property rights attached to all goods of any kind possibly exposed on the Site, and cannot be held liable for any possible proceedings for infringement.

  . It is accepted without reservation that any reproduction, representation, distribution, sale, transmission, provision to third parties of the Site, in whole or in part, by any process and on any medium whatsoever, without the express prior consent of the Publisher, is prohibited, and therefore likely to lead to prosecution according to the procedures in force. Failure to comply with this requirement constitutes an infringement liable to incur the civil and/or criminal liability of the infringer. 

 

Article 7. Applicable law

  . These General Conditions are subject to and governed exclusively by French law, and must be interpreted under French law. 

  . No element of foreignness may thus be invoked to found the application of any rule of foreign law.  

  . Any use of the Site, from any country and by a User of any nationality, is subject exclusively to French law.

  . The Publisher excludes its liability for any damage resulting from any restriction of access to the Site, due to foreign legislation, connection difficulties, or any restriction beyond its control.

 

Article 8. Disagreements and Disputes

  . Any disagreement between the Parties will first be the subject of an attempt to settle amicably within a reasonable time.

  . Disputes that cannot lead to an amicable settlement will be subject to the exclusive jurisdiction of the French courts, i.e.:

  - if the User concerned is a professional merchant, the dispute will fall under the exclusive jurisdiction of the Courts of POINTE A PITRE

  - if the User concerned does not have a specific status, the dispute will fall within the jurisdiction of the Court determined by the applicable mandatory rules and according to the case._cc781905-5cde-3194 -bb3b-136bad5cf58d_