GENERAL CONDITIONS OF USE
PREAMBLE
This document (the “ CGU ”) defines the conditions of use of the AGAPARA website (the “ Site ”) by users who may place orders on the Site and thus become customers (the “ Users ”).
The User and AGAPARA are hereinafter referred to individually as the “ Party ” and together as the “ Parties ”.
DEFINITIONS
The User and AGAPARA are hereinafter referred to individually as the “ Party ” and together as the “ Parties ”.
DEFINITIONS
AGAPARA : designates the company AGAPARA, a simplified joint-stock company, whose registered office is located at 1 boulevard de la Grotte Rolland in Marseille (13008), registered in the Marseille trade and companies register under number 904 441 011, which is also the publisher of the Site;
Users : designates any natural person(s) of legal age or holder of parental authorization, legally capable, who will have access to the Site;
Account : designates the personal account created by the User on the Site;
General Conditions of Use or CGU : means the contractual document containing the conditions of use of the Site by Users;
Personal Data : means personal data that can directly or indirectly identify a natural person within the meaning of the regulations in force;
Part : designates AGAPARA and/or the User;
Privacy Policy : means the contractual document which sets out AGAPARA’s commitments regarding the processing of the Personal Data of Users of the Site;
Any reference to the singular includes the plural and vice versa.
Any reference to one gender includes the other gender.
OBJECT
Users : designates any natural person(s) of legal age or holder of parental authorization, legally capable, who will have access to the Site;
Account : designates the personal account created by the User on the Site;
General Conditions of Use or CGU : means the contractual document containing the conditions of use of the Site by Users;
Personal Data : means personal data that can directly or indirectly identify a natural person within the meaning of the regulations in force;
Part : designates AGAPARA and/or the User;
Privacy Policy : means the contractual document which sets out AGAPARA’s commitments regarding the processing of the Personal Data of Users of the Site;
Any reference to the singular includes the plural and vice versa.
Any reference to one gender includes the other gender.
OBJECT
The purpose of these T&Cs is to define the rights and obligations of the Parties in the context of the use of the Site.
SCOPE OF APPLICATION
SCOPE OF APPLICATION
The T&Cs apply to all uses of the Site by the User.
Use of the Site constitutes acceptance without restriction or reservation of these T&Cs.
ENTRY INTO FORCE AND DURATION
Use of the Site constitutes acceptance without restriction or reservation of these T&Cs.
ENTRY INTO FORCE AND DURATION
The T&Cs come into effect on the date of publication on the Site.
It is recommended to read the T&Cs carefully before using the Site and possibly placing any orders on the Site. It is also the User's responsibility to regularly check the T&Cs to stay informed of any changes.
TERMS OF USE AND ACCESS TO THE SITE
It is recommended to read the T&Cs carefully before using the Site and possibly placing any orders on the Site. It is also the User's responsibility to regularly check the T&Cs to stay informed of any changes.
TERMS OF USE AND ACCESS TO THE SITE
Site Description
The Site allows the User to access an online sales site offering shoe-type products, to place orders, to track them and to contact AGAPARA.
Access to the Site requires the User to access a telecommunications network and the use of standard browsers on the market (Google Chrome, Internet Explorer, Safari, Mozilla, Firefox, Opera, etc.). This access is provided by a telecommunications operator under the sole responsibility of the User and at his expense.
Access to the Site requires the User to access a telecommunications network and the use of standard browsers on the market (Google Chrome, Internet Explorer, Safari, Mozilla, Firefox, Opera, etc.). This access is provided by a telecommunications operator under the sole responsibility of the User and at his expense.
Access to the Site
The Site is accessible to any User without restriction, in particular to place orders for products.
It is possible for the User to create an account on the Site (the “ Account ").
To create an Account, the User must:
- Have a valid email address and provide AGAPARA with true and accurate information.
- Choose a password that is complex enough to ensure the security of the Account.
It is possible for the User to create an account on the Site (the “ Account ").
To create an Account, the User must:
- Have a valid email address and provide AGAPARA with true and accurate information.
- Choose a password that is complex enough to ensure the security of the Account.
The User is responsible for updating the information provided. It is specified that they can modify it at any time by logging into their Account.
Each User may only have one Account. If AGAPARA becomes aware that the User has multiple Accounts, it will delete all of the User's Accounts under the conditions set out in these T&Cs.
The User is solely responsible for the activity of his/her Account. At no time should he/she reveal his/her Account password to a third party, including to a third party claiming to be the owner of the Site. AGAPARA will never take the initiative, for any reason whatsoever, to contact the User to ask for his/her password.
If the User loses his/her username and/or password, he/she must contact AGAPARA by clicking on the “Forgotten password?” link. After following all the instructions provided to obtain a new username and/or password, the User will then receive his/her new username and/or password at the email address he/she provided when creating his/her Account, which he/she can then personalize from the Site.
RULES OF CONDUCT
Each User may only have one Account. If AGAPARA becomes aware that the User has multiple Accounts, it will delete all of the User's Accounts under the conditions set out in these T&Cs.
The User is solely responsible for the activity of his/her Account. At no time should he/she reveal his/her Account password to a third party, including to a third party claiming to be the owner of the Site. AGAPARA will never take the initiative, for any reason whatsoever, to contact the User to ask for his/her password.
If the User loses his/her username and/or password, he/she must contact AGAPARA by clicking on the “Forgotten password?” link. After following all the instructions provided to obtain a new username and/or password, the User will then receive his/her new username and/or password at the email address he/she provided when creating his/her Account, which he/she can then personalize from the Site.
RULES OF CONDUCT
To access the Site, the User is prohibited from any behavior that could harm the image of AGAPARA or a third party.
Any content that may be disseminated by the User on the Site is binding on the User in his or her own name and cannot bind AGAPARA in any capacity whatsoever.
Thus, more specifically, the User is prohibited from:
- To use a username or avatar that is, in particular, vulgar, aggressive, insulting or defamatory;
- Attempting to obtain from another user information relating to their Account, such as their username and/or password, or information relating to their personal life;
- To publish on the Site content that is offensive, hateful, racist, discriminatory, denigrating, obscene, vulgar, defamatory, contravening a legal, regulatory or contractual provision or encouraging behavior that is reprehensible under the law;
- To publish on the Site content that infringes the rights of third parties;
- To publish on the Site content that has no connection with the purpose of the Site, and in particular promotional content, advertisements, or to carry out any commercial solicitation.
More generally, the User is prohibited from:
- To usurp the identity of a third party, another User or to pass oneself off as an employee or representative of AGAPARA;
- To resort to hacking, spamming, fishing, flooding or any other malicious action against AGAPARA and other users.
In the event of non-compliance with this article, AGAPARA may delete the User Account under the conditions hereof.
INTELLECTUAL PROPERTY
Any content that may be disseminated by the User on the Site is binding on the User in his or her own name and cannot bind AGAPARA in any capacity whatsoever.
Thus, more specifically, the User is prohibited from:
- To use a username or avatar that is, in particular, vulgar, aggressive, insulting or defamatory;
- Attempting to obtain from another user information relating to their Account, such as their username and/or password, or information relating to their personal life;
- To publish on the Site content that is offensive, hateful, racist, discriminatory, denigrating, obscene, vulgar, defamatory, contravening a legal, regulatory or contractual provision or encouraging behavior that is reprehensible under the law;
- To publish on the Site content that infringes the rights of third parties;
- To publish on the Site content that has no connection with the purpose of the Site, and in particular promotional content, advertisements, or to carry out any commercial solicitation.
More generally, the User is prohibited from:
- To usurp the identity of a third party, another User or to pass oneself off as an employee or representative of AGAPARA;
- To resort to hacking, spamming, fishing, flooding or any other malicious action against AGAPARA and other users.
In the event of non-compliance with this article, AGAPARA may delete the User Account under the conditions hereof.
INTELLECTUAL PROPERTY
All elements of the Site, whether visual or audio, including the brand, logo, texts, photos, videos and domain name, are protected by copyright, trademark law or patents.
The Site and each of the elements that compose it are the exclusive property of AGAPARA.
As such, and in accordance with the provisions of the Intellectual Property Code, only use of the Site for private and non-exclusive use is authorized, subject to different or even more restrictive provisions of the Intellectual Property Code.
Any total or partial reproduction of the Site or any of its audio, visual or text content is strictly prohibited.
In general, the User undertakes not to harm the Site in any way, nor to make improper use of it which would directly or indirectly discredit or devalue AGAPARA and/or its image.
REPORTING ILLEGAL ACTIVITIES AND CONTENT
The Site and each of the elements that compose it are the exclusive property of AGAPARA.
As such, and in accordance with the provisions of the Intellectual Property Code, only use of the Site for private and non-exclusive use is authorized, subject to different or even more restrictive provisions of the Intellectual Property Code.
Any total or partial reproduction of the Site or any of its audio, visual or text content is strictly prohibited.
In general, the User undertakes not to harm the Site in any way, nor to make improper use of it which would directly or indirectly discredit or devalue AGAPARA and/or its image.
REPORTING ILLEGAL ACTIVITIES AND CONTENT
It is expressly stated that AGAPARA does not have total and perfect control over the content published on the Site and does not have the technical, material and human resources to carry out systematic verifications of said content.
If a User notices that another User is violating any of the rules of conduct referred to in the T&Cs and, more generally, if a User becomes aware of any illicit activity or content, the User must immediately inform AGAPARA using the “Contact” function appearing on the Site.
In the event that the content is illicit and upon verification of the veracity of these elements, AGAPARA will remove the disputed content or make access to it impossible.
It is expressly stated that the fact that a User presents content to AGAPARA as being illicit, while knowing this information to be inaccurate, is likely to incur liability.
AGAPARA reserves the right to delete any content appearing on the Site that infringes the T&Cs and/or to suspend or delete the Account.
Likewise, in the event that it is an illicit activity, AGAPARA reserves the right to suspend or delete the Account of the User concerned.
WEBSITE UPDATE
If a User notices that another User is violating any of the rules of conduct referred to in the T&Cs and, more generally, if a User becomes aware of any illicit activity or content, the User must immediately inform AGAPARA using the “Contact” function appearing on the Site.
In the event that the content is illicit and upon verification of the veracity of these elements, AGAPARA will remove the disputed content or make access to it impossible.
It is expressly stated that the fact that a User presents content to AGAPARA as being illicit, while knowing this information to be inaccurate, is likely to incur liability.
AGAPARA reserves the right to delete any content appearing on the Site that infringes the T&Cs and/or to suspend or delete the Account.
Likewise, in the event that it is an illicit activity, AGAPARA reserves the right to suspend or delete the Account of the User concerned.
WEBSITE UPDATE
9.1 Evolution of the Site at the initiative of AGAPARA
AGAPARA may consider it necessary to update or reset certain parameters of the Site and its elements.
Thus, AGAPARA reserves the right to develop the Site, in particular by making new functionalities available, or by modifying or removing certain functionalities.
These updates, resets and developments may temporarily prevent the User from accessing the Site and/or result in a modification of the architecture of the Site and its elements, which the User expressly acknowledges, and AGAPARA cannot be held liable in this regard.
Thus, AGAPARA reserves the right to develop the Site, in particular by making new functionalities available, or by modifying or removing certain functionalities.
These updates, resets and developments may temporarily prevent the User from accessing the Site and/or result in a modification of the architecture of the Site and its elements, which the User expressly acknowledges, and AGAPARA cannot be held liable in this regard.
9.2 No guarantee of continuity of the Site
AGAPARA does not guarantee that the Site is free from minor anomalies and that its operation will be uninterrupted.
SUSPENSION – DELETION OF ACCOUNT
SUSPENSION – DELETION OF ACCOUNT
10.1 Suspension or deletion at the initiative of AGAPARA
AGAPARA reserves the right to suspend or delete the Account of any User who does not comply with the T&Cs or applicable laws and regulations.
Any suspension or deletion of the Account will be notified to the User by email sent to the email address previously communicated to him by the User when registering on the Site.
The suspension or deletion of the Account will take place within forty-eight (48) hours in order to give the User the opportunity to clarify the facts and circumstances of the non-compliance with the aforementioned conditions.
In the absence of valid clarification within this period, AGAPARA will suspend or remove access to the Site without further notification. Otherwise, AGAPARA will restore the User's access as soon as possible.
Furthermore, AGAPARA reserves the right to submit any disputed content to the authorities who request it in the event of a breach of a legal provision.
Furthermore, AGAPARA reserves the right to take legal action directly against the offending User in order to obtain compensation for any damage suffered by them as a result.
Any suspension or deletion of the Account will be notified to the User by email sent to the email address previously communicated to him by the User when registering on the Site.
The suspension or deletion of the Account will take place within forty-eight (48) hours in order to give the User the opportunity to clarify the facts and circumstances of the non-compliance with the aforementioned conditions.
In the absence of valid clarification within this period, AGAPARA will suspend or remove access to the Site without further notification. Otherwise, AGAPARA will restore the User's access as soon as possible.
Furthermore, AGAPARA reserves the right to submit any disputed content to the authorities who request it in the event of a breach of a legal provision.
Furthermore, AGAPARA reserves the right to take legal action directly against the offending User in order to obtain compensation for any damage suffered by them as a result.
10.2 Deletion of the Account at the User's initiative
The User may delete his Account at any time and at his discretion, by contacting AGAPARA using the “Contact” function appearing on the Site.
DATA CONFIDENTIALITY
DATA CONFIDENTIALITY
AGAPARA undertakes to protect, maintain security and keep confidential the User's personal data.
Privacy Policy of AGAPARA including all information concerning the processing and management of personal data by AGAPARA is accessible through from the following link .
You can, subject to the production of valid proof of identity, exercise your rights by contacting the email address: contact@agapara.fr .
For any additional information or complaints, you can contact the National Commission for Information Technology and Civil Liberties (more information on www.cnil.fr ).
FORCE MAJEURE
Privacy Policy of AGAPARA including all information concerning the processing and management of personal data by AGAPARA is accessible through from the following link .
You can, subject to the production of valid proof of identity, exercise your rights by contacting the email address: contact@agapara.fr .
For any additional information or complaints, you can contact the National Commission for Information Technology and Civil Liberties (more information on www.cnil.fr ).
FORCE MAJEURE
The Parties agree that neither of them may be held liable for any failure or delay in the performance of their obligations resulting from the occurrence of a case of force majeure as defined in Article 1218 of the Civil Code and its application by the courts.
In such circumstances, the Party affected by a case of force majeure shall notify the other Party as soon as possible, without exceeding two (2) working days from the said event, by any means and the obligations of the Parties affected by the occurrence of the case of force majeure shall be suspended for the duration of the event concerned.
If the force majeure event continues beyond one (1) month, the Parties agree to meet to decide whether to continue or terminate the Contract.
In the event that the Parties agree to immediately terminate the Contract, neither Party may claim damages.
In such circumstances, the Party affected by a case of force majeure shall notify the other Party as soon as possible, without exceeding two (2) working days from the said event, by any means and the obligations of the Parties affected by the occurrence of the case of force majeure shall be suspended for the duration of the event concerned.
If the force majeure event continues beyond one (1) month, the Parties agree to meet to decide whether to continue or terminate the Contract.
In the event that the Parties agree to immediately terminate the Contract, neither Party may claim damages.
NULLITY OF A CLAUSE OF THE CONTRACT
If any of the provisions of the T&Cs were to be cancelled, this nullity would not entail the nullity of the other provisions which will remain in force between the Parties.
APPLICABLE LAW - DISPUTES
The T&Cs are subject to French law.
In the event of a dispute, the Parties will attempt to resolve it amicably, either through a conventional mediation procedure or any other alternative dispute resolution method.
In accordance with the provisions of the Consumer Code, AGAPARA adheres to the consumer mediation service of SAS MEDIATION SOLUTION, whose contact details are as follows: 222 chemin de la bergerie - 01800 Saint Jean de Niost - https://sasmediationsolution-conso.fr/
After prior written action by the User towards AGAPARA, the mediator service can be contacted free of charge by electronic or postal means for any consumer dispute which has not been resolved. To find out how to contact the Mediator, click here .
Furthermore, in accordance with Article 14 of Regulation (EU) No. 524/2013 on online resolution of consumer disputes, the User is informed that the European Commission has set up the online resolution platform for consumer disputes accessible via the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR
In the event of a dispute, the Parties will attempt to resolve it amicably, either through a conventional mediation procedure or any other alternative dispute resolution method.
In accordance with the provisions of the Consumer Code, AGAPARA adheres to the consumer mediation service of SAS MEDIATION SOLUTION, whose contact details are as follows: 222 chemin de la bergerie - 01800 Saint Jean de Niost - https://sasmediationsolution-conso.fr/
After prior written action by the User towards AGAPARA, the mediator service can be contacted free of charge by electronic or postal means for any consumer dispute which has not been resolved. To find out how to contact the Mediator, click here .
Furthermore, in accordance with Article 14 of Regulation (EU) No. 524/2013 on online resolution of consumer disputes, the User is informed that the European Commission has set up the online resolution platform for consumer disputes accessible via the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR
In the absence of an amicable settlement, the French courts will have jurisdiction.