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Terms and conditions of use
Article 1
Definitions
BASIK AIR CONCEPT: refers to the simplified joint stock company with a single shareholder, whose registered office is located at 20 avenue du Général Castelnau - 83550 VIDAUBAN.
Telephone number: 0494991236
Email : basik.fr@orange.fr
Account: refers to the personal space on the Site reserved for the User Member, to which he/she has access using his/her Login and Password.
Identifiers: refers to all the information required to identify a Member on the Site (username and password) and to access services reserved for Site Members.
Member: refers to the User who creates an Account.
Parties: refers to the User and BASIK AIR CONCEPT.
Products: shall designate all products available on the Site.
Site: designates the e-commerce site available at the following address: www.basik.fr
User: refers to any person who uses the Site (the Member is therefore a User).
Article 2
Scope of application
They are available on the Site at www.basik.fr
Any use of the Site implies the User's acceptance of these GCU. By browsing the Site and taking any action, the User acknowledges having read them and accepts them unreservedly.
In the event of non-acceptance of the GCU, the User must renounce access to the Site.
BASIK AIR CONCEPT reserves the right to modify at any time the content of these GTUs and recommends the User to check them regularly. The modification will take effect as soon as the new version is put online. In the event of disagreement, the User must cease to use the Site.
BASIK AIR CONCEPT may terminate the User's use of the Site or delete the User's Account for any conduct in violation of these TOU, without compensation.
Article 3
Site presentation
BASIK AIR CONCEPT offers free access to the Site, the User remaining solely responsible for his computer equipment and his connection to the Internet network, the costs of which are at his expense.
BASIK AIR CONCEPT makes every effort to ensure the highest possible availability of the Site, subject to maintenance operations on the Site or the servers on which it is hosted.
The User is however warned of the technical hazards inherent in the Internet and the access interruptions that may result. Consequently, BASIK AIR CONCEPT cannot be held responsible for any unavailability or slowdown of the Site.
It is forbidden to attempt to access or maintain the Site by any means other than the interface provided to the User by BASIK AIR CONCEPT for this purpose.
The Site may be modified at any time, in particular by the addition or removal of certain functionalities.
Article 4
Product description
Article 5
Create an account
● place any order for Products (and access related services, such as tracking);
● request a quote on the Site ;
● leave a Review on the Products ordered on the Site.
The User creates an Account by filling in a certain amount of information about himself, depending on the type of Account he wishes to create (Personal Account or Professional Account).
The User undertakes to :
● provide BASIK AIR CONCEPT with accurate, up-to-date and complete information and maintain its accuracy.
● do not create an account under a false identity.
● to keep their Identifiers secret and not to communicate them to third parties for any reason whatsoever. If the Member notices or suspects that his or her Account is being used fraudulently, he or she undertakes to inform BASIK AIR CONCEPT immediately and to reset it using the "Forgot your password?" option provided. Any connection to his Account made with his Identifiers will be deemed to have been made by him.
To access services reserved for Members, the User must then identify himself using his Identifiers.
Article 6
Intellectual property
Any use (including reproduction, representation, adaptation, etc.) in whole or in part of one or more of these elements, on any medium and by any process whatsoever without the prior written consent of BASIK AIR CONCEPT, is strictly prohibited and may result in legal action.
The following are also prohibited:
- The extraction, by permanent or temporary transfer of all or a qualitatively or quantitatively substantial part of the contents of its database onto another medium, by any means and in any form whatsoever;
- Reuse, by making available to the public all or a qualitatively or quantitatively substantial part of the contents of its database, in whatever form;
- the repeated and systematic extraction or reuse of qualitatively or quantitatively insubstantial parts of the contents of its database when these operations manifestly exceed the conditions of normal use of the database.
The only right granted by these GCU is a simple, non-sublicensable and non-transferable right applicable worldwide to use the Site.
Article 7
Liability
The User undertakes to use the Site and, where applicable, his Account, in a responsible and lawful manner. In particular, the User agrees not to:
● Upload to the Site and/or post: content that it is not authorized to transmit; illegal or harmful content, in particular that may damage the image of BASIK AIR CONCEPT or any third party (including BASIK AIR CONCEPT's partners); unsolicited or unauthorized advertising or promotional material; any material containing software viruses or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
● Disrupt or interrupt the operation of the Site or the servers connected to the Site ;
● Use data mining systems, robots or any other similar automated method to collect and/or exploit data from the Site;
● Aggregate, copy or duplicate the content of the Site.
Article 8
Hyperlinks and referrals to third-party sites
The User is informed that by clicking on these links, he/she will leave the Site:
● BASIK AIR CONCEPT frequently and regularly checks hypertext links, but has no control over the web pages to which these links lead and cannot, under any circumstances, be held responsible for their content. Similarly, the YouTube videos to which the Site links are provided for information purposes only, and BASIK AIR CONCEPT does not guarantee that the information provided is relevant. From a general point of view, it is the User's responsibility to inform himself/herself independently and by multiplying his/her sources on the use of the Products he/she acquires on the Site, particularly in terms of safety.
● The User will then be subject to the potential terms and conditions of the sites to which he or she is referred.
The creation of links to the Site is not subject to any prior agreement, but the person creating the link undertakes to comply with current legislation. Only the explicit mention of the Site in the title of the link is required. However, it is advisable to display this site in a new browser window or tab. BASIK AIR CONCEPT reserves the right to request the deletion of any link it deems to be inconsistent with the purpose of the Site (in particular the present GTC), defamatory, infringing, parasitical or in breach of its rights or those of third parties.
Article 9
Opinions
In its Opinions, the Member undertakes to respect the rules of good conduct on the Internet and the rules of law in force.
BASIK AIR CONCEPT reserves the right to delete any Notice that does not comply with these Terms and Conditions.
The Member remains the owner of all his intellectual property rights on his Notice, nevertheless by publishing on the Site, he gives BASIK AIR CONCEPT the non-exclusive and free right to represent, reproduce, adapt, broadcast and distribute his Notice, directly or through an authorized third party, worldwide, on any medium (digital or physical), for the duration of the intellectual property. In particular, the Member grants the right to use his or her Notice on the Internet and on mobile telephone networks.
BASIK AIR CONCEPT undertakes to include the Member's name close to each use of its Notice.
The User is solely responsible for any Opinions posted online. The User undertakes not to post Opinions that may harm the interests of third parties. It is forbidden to publish a Notice that is illicit, defamatory, insulting, denigrating, obscene, discriminatory, or more generally infringing the rights of third parties, particularly intellectual property rights. It is forbidden to publish a Notice infringing on the privacy of third parties, and in particular to disclose confidential information or personal data relating to third parties.
BASIK AIR CONCEPT is under no obligation to publish, and reserves the right to moderate Opinions prior to publication, or once published. Any legal action taken against the Site by an injured third party will be borne by the User.
If a User notices an infringement of the present GTU by another User, he/she undertakes to report it without delay to BASIK AIR CONCEPT via the "Contact" section or by email basik.fr@orange.fr.
In the event that BASIK AIR CONCEPT receives a notification relating to a manifestly illicit Notice, BASIK AIR CONCEPT may proceed to the removal of this Notice. BASIK AIR CONCEPT also reserves the right to exclude from the Site or Account any User who violates the rules stipulated in this article.
Article 10
Applicable law and jurisdiction
● these GCU are governed by French law;
● ANY DISPUTE RELATING THERETO SHALL BE SUBMITTED TO THE COMPETENT JURISDICTION OF THE AIX-EN-PROVENCE COURT OF APPEAL.
Article 11
Miscellaneous provisions
Any tolerance or waiver by one of the Parties, in the application of all or part of the commitments provided for in the GCU, whatever the frequency or duration, shall not constitute a modification of the GCU, nor generate any right whatsoever.
11-2 Partial nullity
If any provision of these TOU is or becomes ineffective in whole or in part, such ineffective provision shall be void (without affecting the validity and enforceability of the remaining provisions) and reinterpreted, supplemented or replaced so as to effect the purpose intended by the ineffective provision.