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PIERRE FABRE DERMO-COSMETIQUE
Société par Action Simplifiée (simplified joint stock company) with a capital of 22,987,907.05 euros,
headquartered at 45, Place Abel Gance - 92100 Boulogne, France;
Nanterre Trade and Companies Register B 319 137 576;
Intracommunity VAT: FR42319137576
Telephone: +33 (0) 5 63 58 88 00
Publication director PIERRE FABRE DERMO-COSMETIQUE
SMILE Société par Actions Simplifiée (simplified joint stock company) with a capital of 814 314,88 euros,
20 rue des Jardins
92600 Asnières Sur Seine, France;
Nanterre Trade and Companies Register 378 615 363
PLATFORM.SH Société par Actions Simplifiée (simplified joint stock company) with a capital of 510 747,00 euros,
131 Boulevard de Sébastopol
75002 Paris, France;
Paris Trade and Companies Register B 521 496 059
Telephone: +33 (0) 1 40 09 30 00
Design, creation: WIDE; Conception, editorial content, photos/videos: PIERRE FABRE DERMO-COSMETIQUE
ARTICLE 1 - PURPOSE OF THE GENERAL TERMS AND CONDITIONS OF USE
The purpose of these general terms and conditions of use (hereinafter the "GTCU") is to define the conditions of use and access to the Website belonging to RENE FURTERER® (hereinafter "RENE FURTERER"), a brand owned by PIERRE FABRE DERMO-COSMETIQUE (hereinafter "PFDC"), which users (hereinafter the "Users") accept simply by consulting them.
If the Users do not accept them, RENE FURTERER asks them to leave the Website.
The GTCU are subject to French law and may be modified at any time without notice. The use and consultation of the Website are limited to personal and non-commercial purposes.
In general, the User agrees not to use all or part of the Website for illicit purposes (copyright) or contrary to these GTCU.
By consulting the Website, the User agrees to abide by the GTCU as they are displayed at the time of consultation.
The GTCU are enforceable against any User who connects to the Website.
ARTICLE 2 - DESCRIPTION OF THE WEBSITE
The Website is only accessible online at the following address:
https://www.renefurterer.fr and only to Users residing in mainland France (including Corsica).
The Website has been created to provide you with information about RENE FURTERER (product pages, advice pages, contests, newsletters, etc.) as well as a complete presentation of the different RENE FURTERER ranges. The Website publishes non-contractual information on RENE FURTERER, with the constant concern of describing all of its products, but without any desire to offer a direct purchase of a product or service (unless expressly indicated otherwise) (hereinafter the "Services").
If you are under sixteen (16) years of age, you declare that you have received authorization from your parents or legal guardians to provide RENE FURTERER with your personal information in order to access the Website and to receive communications sent by RENE FURTERER.
The Website is entirely funded by PFDC. The Website does not constitute a contractual offer and does not contain any form of advertising.
Insofar as the Website is updated to take account of all activities, it may happen that certain new information, services or announcements are no longer valid at the time of their publication or are simply out of date. RENE FURTERER cannot guarantee, although it makes the necessary efforts, that all the information and services published on the Website are up to date.
RENE FURTERER does not guarantee the accuracy and completeness of the information and services contained on the Website. RENE FURTERER will make the corresponding corrections. The information and Services offered may have been updated between the time the Users viewed them and the time the Users become aware of them. RENE FURTERER does not guarantee in any way that this information and these Services are accurate, complete and up to date.
The use of the Website is under the sole and entire responsibility of the User. RENE FURTERER shall not be held responsible for any result obtained from the use of the Website.
Unless expressly provided otherwise, any new feature that improves or enhances one or more existing Service(s) or any new service launched by RENE FURTERER will be subject to the GTCU. The Users agree that the Service is provided to them "as is.” The Users agree to use the Website in accordance with the purposes described in the GTCU, not to divert the purposes of the Website and not to attempt to divert the Users to another service.
ARTICLE 3 - TERMS OF ACCESS TO THE WEBSITE
3.1To access the Website, the User must have the necessary hardware and software skills to use the Internet. In order to access the Website via a computer, tablet, mobile phone (hereinafter the "Equipment"), the User must have appropriate broadband Internet access, a telephone subscription allowing Internet access from a compatible computer/tablet/mobile phone such as: a smartphone (iOS, Android), a WAP connection, WiFi and/or 3G/4G connection.
The User acknowledges that the conditions of the contract with his/her Internet/mobile phone operator will continue to apply when using the Website. The User shall be solely responsible for all costs that may be claimed by the operator in connection with access to internet, WiFi, WAP and/or 3G/ 4G connection services and the use of the Website.
The User shall refrain, when using the Website, from hindering or disrupting the proper functioning of the Website, servers, networks and/or modifying, adapting, hacking the Website and/or modifying an application or a third-party site in such a way as to cause confusion as to the link with the Website.
The User is aware of the constraints and limits of the Internet and telecommunications networks and therefore undertakes to
• protect his/her Equipment against any form of virus, attempted intrusion, unauthorized access and/or use by third parties;
• ensure the installation, operation and maintenance of his/her Equipment necessary for the proper functioning of the Website.
3. 2.OBLIGATIONS OF THE USERS
By using the Website, Users are prohibited from:
• using the Website or Services for political, propaganda or proselytizing purposes
• diverting the Website from its intended purpose;
• carrying out illegal activities, in particular infringing the rights of the owners of the texts, photographs, images, videos, etc;
• advertising or encouraging other Users to use any other service, whether or not it is a competing service;
• undermining in any way whatsoever the operation of the Website;
• violating laws on intellectual property;
• violating laws and regulations in force.
Users are prohibited from the following:
• Uploading, sending, emailing or otherwise transmitting any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, racist or otherwise objectionable;
• Consulting, posting, downloading or transmitting any content that is contrary to the laws in force in the country in which the site is consulted, particularly with regard to intellectual property;
• Attempting to mislead other Users by impersonating another person's name or business name, and in particular by impersonating an employee or affiliate of PFDC and RENE FURTERER, a moderator, guide or host;
• Uploading, posting, emailing or otherwise transmitting any content that contains computer viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or telecommunications equipment;
• Uploading, posting, emailing or otherwise transmitting any content that infringes any patent, trademark, trade secret, intellectual property right or other proprietary right (collectively, "Rights") belonging to others;
• Disrupting the normal flow of dialogue, accelerating the rate of screen scrolling so that Users are unable to follow and type their dialogue, or taking any other action that has a similarly disruptive effect on Users' ability to communicate in real time;
• Interfering with or disrupting the Service, servers, networks connected to the Service or refusing to comply with any requirements, procedures, general rules or regulations applicable to networks connected to the Service; • Harassing another User or Users in any way;
• Collecting and storing personal data and identification data relating to other Users.
RENE FURTERER or any person or entity designated by RENE FURTERER, shall be entitled to delete or remove any content that violates the terms of these terms and conditions and/or the regulations in force and/or is otherwise objectionable.
Users also acknowledge that they must exercise good judgment and bear all risks associated with their use of the Service and the Website.
ARTICLE 4 - INFORMATION CONTAINED ON THE WEBSITE
4.1. Information on products and services
Unless otherwise stated, the products and services presented on the Website constitute a general presentation of the RENE FURTERER product range. This information is given for information purposes only and is not contractual.
4.2.Use of the advice provided on the Website
Information is made available to Users on the Website. This provision does not entail the transfer of any property right attached to the information. Users are only granted a non-exclusive license to consult and use this information for their private use. In this respect, Users are prohibited from copying or reproducing all or part of the information by any means and on any existing or future medium, from translating the information into any other language, or from adapting the information.
RENE FURTERER shall not be held responsible for the direct or indirect consequences and/or for any damage that may occur as a result of defective or pirated information. Furthermore, RENE FURTERER does not assume an obligation of result but rather an obligation of means with regard to the information and advice provided to the Users.
Finally, RENE FURTERER does not give any explicit or implicit guarantee, and does not assume any responsibility for the use of this information and this advice. These are provided for informational purposes only.
For any further information and/or doubts, you can write to the following address:
By email: firstname.lastname@example.org
By mail: RENE FURTERER “Les Cauquillous” 81506 LAVAUR CEDEX
ARTICLE 5 - PUBLICATION OF RATINGS AND REVIEWS ONLINE BY USERS
The Website allows Users, after having identified themselves, to use the online rating and review service in order to publish ratings or reviews (hereinafter the "Ratings/Reviews") on RENE FURTERER products. Employees of RENE FURTERER / PFDC or of one of its subsidiaries are not entitled to post any Rating(s)/Review(s) on the Website.
Each User is responsible for his or her Rating(s)/Review(s). RENE FURTERER shall not be held responsible towards any person whatsoever for the Ratings/Reviews left by a User.
5.1.Conditions for posting Rating(s)/Review(s)
By publishing a Rating or a Review on the Website, Users declare and guarantee:
• that their Rating(s)/Review(s) comply/complies with the GTCU and respect(s) the legal and regulatory provisions in force;
• that they are the authors of the Rating(s)/Review(s), that they are not impersonating any other person, and that they are not using a false email address or misleading as to the origin of their Rating(s)/Review(s);
• that their Rating(s)/Review(s) is/are their original work(s) and does/do not infringe the intellectual property rights of third parties;
• that all the content published is accurate and precise.
The Users further declare and warrant that they will not submit any content:
• likely to identify them (Users may not use their full name but only their first name or a "pseudonym");
• containing information (including prices) about competitors of RENE FURTERER or their products (in particular other manufacturers and/or distributors and/or suppliers of cosmetic and beauty/haircare products);
• not related to the rating of RENE FURTERER products presented on the Website; • for which they receive compensation from a third party in any form whatsoever;
• likely to be considered as advertising or promotional material or any other form of solicitation;
• including reference information to other websites, URLs, email addresses, contact information or telephone numbers;
• including a computer virus, or another potentially disruptive or damaging computer program or file, or instructions on how to create such a virus, program or file.
• that is defamatory, threatening, abusive, insulting, malicious, inciting to violence or hatred, vulgar, indecent, invasive of privacy or publicity rights or inappropriate in any way;
• which would consist of obtaining or providing diagnoses or advice on medical, psychological, legal, financial, etc. matters
5.2.Controlling, publishing and modifying Ratings and Reviews
RENE FURTERER reserves the right to refuse to publish any Rating(s) or Review(s) that it considers, at its sole discretion, to be in violation of the terms and conditions set forth in Article I.
Furthermore, Rene Furterer reserves the right not to publish:
• duplicate content;
• notices written in a language other than that of the Website;
• any unintelligible content (including content containing random characters and strings of words).
• Published Ratings/Reviews
The Ratings/Reviews published after moderation will be visible on the Website for a period of three (3) years. At the end of this period, the Ratings/Reviews are kept by RENE FURTERER for a period of three (3) years.
The Ratings/Reviews cannot be modified from the moment they are submitted by the User.
5.3. Intellectual property
For any Rating(s)/Review(s) that Users submit on the Website, Users hereby grant PFDC and its affiliates and RENE FURTERER a free, irrevocable, non-exclusive, worldwide license for a period of three (3) years from the publication of the Rating(s)/Review(s), to reproduce, depict, use, copy, modify, adapt, translate, create derivative works from, incorporate into other works, and distribute such Rating(s)/Review(s) (in whole or in part), and otherwise exploit and/or incorporate such content into any other medium, media or technology.
The Users hereby acknowledge that PFDC and its affiliates and RENE FURTERER may, in particular, translate and publish their Rating(s)/Review(s) on its current and future social networking pages (including, but not limited to: Facebook, Instagram, Twitter, Pinterest, Snapchat etc.) and any foreign version of its Website, including partner/distributor websites.
Users are hereby advised that such publication may include the name (or pseudonym as recommended above) used in the publication of their Rating(s)/Review(s). Users hereby agree that their Rating(s)/Review(s) may be used in association with the RENE FURTERER brand and the associated RENE FURTERER brand logos, and under the conditions set forth in this paragraph.
For any question(s) or remark(s) concerning RENE FURTERER products or their use, Users may contact RENE FURTERER at the following address: email@example.com
RENE FURTERER reserves the right to communicate your opinion to its consumer service if it considers it appropriate.
ARTICLE 6 - GUARANTEES AND LIABILITY
The use of the Website is under the sole and entire responsibility of the Users. Users undertake to use the Website in accordance with its purpose.
RENE FURTERER guarantees the peaceful enjoyment of the Website to the Users and guarantees, in particular, that the Website does not violate any intellectual property right held by a third party and that it is original. RENE FURTERER guarantees that the Website complies with the French legal provisions in force and the industry standards applicable to websites.
Users undertake not to voluntarily or even involuntarily introduce viruses, bugs or files of any nature whatsoever that would disrupt the operation of the Website, in which case they alone would assume full responsibility.
In the spirit of respect for all, RENE FURTERER may take legal action against rude and inconsiderate Users.
The User declares and guarantees that he/she is fully aware of the characteristics and constraints of the Internet and, in particular, that the transmission of data and information on the Internet is only relatively reliable from a technical point of view, as the data and information circulate on heterogeneous networks with different characteristics and technical capacities, which disrupt access or make it impossible at certain times.
RENE FURTERER shall not be liable for any damages arising from the connection to the Website or the use of the Website by a User.
RENE FURTERER shall not be liable for any errors, omissions, viruses or results that may be obtained through misuse of the Services, information and the Website. RENE FURTERER is only bound by a simple obligation of means.
RENE FURTERER, the directors or employees of RENE FURTERER / PFDC cannot be held responsible:
- For any damage whatsoever resulting from the connection to, access to or use of the Website;
- Damage resulting directly or indirectly from the consultation of the Website or the use of the Services available on it;
- Direct or indirect damage resulting from the use of the Website and, in particular, any operating, financial or commercial loss or loss of the Website or of data in any information system, even if RENE FURTERER was aware of the possibility of such damage.
Under no circumstances shall RENE FURTERER be held responsible for any loss of information/Services or damage related to this Service. Any information or Service provided by the Website shall not be construed as a warranty of any kind.
Subject to applicable legal or regulatory provisions, RENE FURTERER shall not be liable for any damages, including, but not limited to, loss of profits, customers, data, or intangible assets that may result from the use or inability to use the Website, and more generally for any event related to the Website and/or any third-party website.
6.2. MODIFICATION OR CLOSURE OF THE WEBSITE
RENE FURTERER endeavors to keep the Website accessible 7 days a week and 24 hours a day, but is under no obligation to do so. RENE FURTERER may therefore interrupt access to the Website, in particular for maintenance and updating purposes. RENE FURTERER is in no way responsible for the entirety of these interruptions and the consequences that may result for the User or any third party.
RENE FURTERER reserves the right to modify or delete the Website without prior notice and without being held liable. The deletion or modification of the Website does not justify, in any way for the Users, any particular consideration, nor the allocation of damages.
The Users acknowledge and expressly accept that:
• their use of the Website and the Service is at their own risk. The Service is provided on an "as is" basis and is accessible according to its availability. RENE FURTERER does not provide any express or implied guarantee as to the quality and compatibility of the Service for a specific use, or as to the non-infringement of the rules of use of the Service by its Users (this enumeration not being restrictive).
• RENE FURTERER does not guarantee that the Website and/or Services will meet their expectations; that it/they will be uninterrupted, timely, secure or error-free; that the results that may be obtained from the use of the services will be accurate and reliable; that the quality of any Services, information or other material obtained by them from the Service will meet their expectations; that defects in the software used, if any, will be corrected.
• Any material downloaded or otherwise obtained through the use of the Service is done so at the Users' own risk. Users will be solely responsible for any damage to their computer system or loss of data that results from the download of such material.
ARTICLE 7 – INTELLECTUAL PROPERTY
Except as otherwise provided herein, all elements on the Website (including, but not limited to, text, data, databases, graphics, logos, trademarks, names, animations, images, videos, sounds, software and all other materials) (hereinafter the "Elements") are the exclusive property of PFDC and RENE FURTERER and/or third parties who have granted a license to PFDC and RENE FURTERER, and are governed by French and international copyright and other intellectual property laws.
These Elements are protected by copyrights, trademarks, patents, database rights, trade secrets and/or any other intellectual property rights.
All rights of reproduction, representation and public communication are reserved, including visual, photographic, iconographic or other representations. The reproduction of all or part of the Website on any electronic medium whatsoever is formally prohibited without the express authorization of the publication director.
The trademarks and logos used on the Website have been registered and their reproduction would constitute an infringement. All rights of use are reserved. In accordance with Article L.122-4 of the French Intellectual Property Code, any representation or reproduction not expressly authorized, in whole or in part and by any means whatsoever, is illegal and constitutes an infringement punishable by Articles L. 335-2 et seq. of the French Intellectual Property Code.
The User may not sell, copy, rent, lease, market, transfer, assign, or otherwise sublicense, modify, adapt the Website, merge it in whole or in part into other software, translate it, decompile it, disassemble it, or create any software or derivative works from the Website without the express written permission of the Publication Director.
RENE FURTERER grants the User a free, non-exclusive, non-transferable, personal license (limited to private use) to access, use and view the Website and its Elements. This right is granted for exclusively personal, private and non-commercial use, and subject to retaining all references of the related reproduction and intellectual property rights. In this respect, Users are prohibited from copying and/or reproducing all or part of the Elements by any means and on any existing or future medium, from translating the Elements into any other language, or from adapting the Elements.
Any other use of the Elements is strictly prohibited and constitutes a violation of the provisions of the French Intellectual Property Code.
ARTICLE 8 – PERSONAL DATA
For more information on the PERSONAL DATA PROTECTION POLICY on the Website, RENE FURTERER invites Users to consult the following information: https://www.renefurterer.fr/politique-de-confidentialite
ARTICLE 9 – HYPERLINKS
The User is informed that RENE FURTERER may provide links to websites and/or applications belonging or not belonging to the Pierre Fabre Group. These websites and/or applications are independent of the Website.
RENE FURTERER does not edit or control the sources and content of these websites or their links to other websites and/or applications.
The links to these websites and/or applications do not constitute in any way an approval, validation or endorsement by RENE FURTERER of the content of these websites and/or applications and, a fortiori, of the use that may be made of them.
Consequently, RENE FURTERER cannot be held responsible for the content, products, services, advertising, cookies or other elements of these websites as well as for any damage or loss, proven or alleged, consecutive or alongside the use of this information, services or data available on these websites and/or applications.
Hyperlinks may only be created on the Website with the prior written authorization of RENE FURTERER. Any request for authorization must be addressed to the following contact address firstname.lastname@example.org
ARTICLE 10 - COOKIES POLICY
ARTICLE 11 - NON-WAIVER AND PARTIAL NULLITY
In the event that one of the provisions of the GTCU is rendered null and void by a change in legislation, regulations or by a court decision, this shall in no way affect the validity of and compliance with the other provisions of the GTCU.
The fact that one of the Parties does not avail itself of any of the provisions of the GTCU shall not constitute a waiver of its right to avail itself of this same provision at a later date.
ARTICLE 12 - MISCELLANEOUS PROVISIONS
In the event that a provision of the GTCU becomes invalid or if the GTCU contains a loophole, the provision in question will be replaced by the one that is closest in terms of legal interpretation.
Users declare and acknowledge that they have read the GTCU and that use of the Website constitutes full and unconditional acceptance of all the GTCU.
For any questions concerning the GTCU, or any questions or remarks on the Website or User Accounts, Users can write to the following address email@example.com.
ARTICLE 13 - MODIFICATION OF THE GTCU
The GTCU may be modified at any time by RENE FURTERER. These modifications will be notified to the Users. Any use of the Website after notification of a modification will be considered as acceptance of the GTCU. The applicable GTCU will then be those in force on the Website at the date of their use by a User. In case of disagreement with the modifications of the GTCU, the User undertakes not to access the Website.
In the event the GTCU are translated, only the French version is valid and applicable.
ARTICLE 14 - APPLICABLE LAW AND COMPETENT COURTS
The GTCU are subject to French law.
Any dispute arising in connection with the GTCU shall be submitted to mediation, prior to any judicial or arbitral action. If mediation fails, the dispute will be brought before the competent French court.