General conditions - Cafémalin

Terms and Conditions were last updated on December 8, 2023

1. Introduction

These terms and conditions apply to this website and to transactions related to our products and services. You may be bound by additional contracts in connection with your relationship with us or any products or services you receive from us. If any provisions of additional agreements conflict with any provisions of these Terms and Conditions, the provisions of those additional agreements shall control.

2. Mandatory

By registering on, accessing or otherwise using this Site, you hereby agree to be bound by the terms and conditions set forth below. The simple use of this website implies knowledge and acceptance of these general conditions. In certain special cases, we may also ask you to give your explicit consent.

3. Intellectual property

We or our licensees own and control all copyright and other intellectual property rights in the Website and the data, information and other resources displayed on or accessible through the Website.

Unless specific content provides otherwise, no license or other rights are granted to you under any copyright, trademark, patent or other intellectual property rights. This means that you will not use, copy, reproduce, perform, display, distribute, incorporate into an electronic medium, modify, reverse engineer, decompile, transfer, download, transmit, monetize, sell, merchandise or commercialize any of the materials in this website in any form whatsoever, without our prior written permission, except and only to the extent that it is otherwise stipulated in mandatory law regulations (such as the right to quote).

4. Newsletter

Notwithstanding the foregoing, you may transmit our newsletter in electronic form to others who may be interested in visiting our website.

5. Third Party Property

Our website may include hyperlinks or other references to third party websites. We do not monitor or review the content of third party websites that are linked to this website. Products or services offered by other websites are subject to the applicable terms and conditions of those third parties. Opinions expressed or materials appearing on these sites are not necessarily shared or endorsed by us.

We are not responsible for the privacy practices or the content of those sites. You assume all risks associated with the use of these websites and any third party services. We will not accept any liability for any loss or damage, however caused, arising from our disclosure of your personal information to third parties.

6. Responsible use

By visiting our website, you agree to use it only for the purposes intended and permitted by these Terms and Conditions, any additional agreements you enter into with us, and applicable laws and regulations, online practices and guidelines. generally accepted industrial standards. You must not use our website or services to use, publish or distribute any material which consists of (or is linked to) malware; use the data collected on our website for any direct marketing activities, or conduct any systematic or automated data collection activities on or in relation to our website.

Engaging in any activity that causes, or may cause, damage to the Website or interferes with the performance, availability or accessibility of the Website is strictly prohibited.

7. Registration

You can open an account on our website. During this process, you may be asked to choose a password. You are responsible for maintaining the confidentiality of passwords and account information and you agree not to share your passwords, account information or secure access to our website or services with any other person . You must not authorize any other person to use your account to access the Website as you are responsible for all activities that occur through the use of your passwords or accounts. You must notify us immediately if you become aware of any disclosure of your password.

After account closure, you will not attempt to open a new account without our authorization.

8. Refund and Return Policy

8.1 Right of withdrawal

You have the right to cancel this contract within 14 days without giving any reason.

The withdrawal period expires after 14 days from the day on which you, or a third party other than the carrier and indicated by you, acquires physical possession of the goods.

To exercise the right of withdrawal, you must inform us of your decision to terminate this contract by an unequivocal statement (for example, a letter sent by post, fax or e-mail). You will find our contact details below. attached withdrawal form template

You can also complete and send electronically the model withdrawal form or any other unequivocal declaration on our website .

If you use this option, we will immediately send you an acknowledgment of receipt of this withdrawal on a durable medium (for example by e-mail).

To comply with the withdrawal period, you simply need to send your communication concerning the exercise of your right of withdrawal before the withdrawal period expires.

8.2 Effects of withdrawal

If you cancel this contract, we will refund all payments received from you, including the costs of delivery (except for any additional costs resulting from your choice of a type of delivery other than the standard type of delivery on cheaper than we offer), without undue delay and in any case no later than 14 days from the day on which we are informed of your decision to terminate this contract. We will make this reimbursement using the same payment method that you used for the initial transaction, unless you have expressly agreed otherwise; in any case, you will not have to bear any costs as a result of this reimbursement.

You must return the goods or hand them over to us or to a person authorized by us to receive the goods, without undue delay and, in any event, no later than 14 days from the day on which you communicate to us your withdrawal from the contract. this contract. The deadline is met if you return the goods before the expiration of the 14-day period.

We may withhold reimbursement until we have received the goods back or you have provided proof that you have returned the goods, whichever is earlier.

You will have to bear the direct costs of returning the goods.

You are solely responsible for any reduction in the value of the goods resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.

Please note that there are certain legal exceptions to the right of withdrawal, and therefore certain items cannot be returned or exchanged. We will let you know if this applies to your particular case.

9. Idea submission

Do not send any ideas, inventions, works of authorship or other information that could be considered your own intellectual property that you wish to present to us, unless we have previously signed an intellectual property agreement or non-disclosure agreement. If you disclose it to us in the absence of such written agreement, you grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any media existing or future.

10. End of use

We may, in our sole discretion, at any time modify or discontinue access, temporarily or permanently, to the Website or any services therein. You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of your access to or use of the Website or any content you may have shared on the Website. You will not be entitled to any compensation or other payment, even if certain features, settings and/or content to which you contributed or relied upon are permanently lost. You must not circumvent or divert, or attempt to circumvent or circumvent, measures restricting access to our website.

11. Guarantees and liability

Nothing in this section will limit or exclude any warranty implied by law that it would be unlawful to limit or exclude. This website and all of its content are provided “as is” and “as available” and may contain inaccuracies or typographical errors. We expressly disclaim any warranties of any kind, express or implied, as to the availability, accuracy or completeness of the content. We do not guarantee this:

that this website or our content will meet your needs;
this website will be available on an uninterrupted, timely, secure or error-free basis.

Nothing on this website constitutes or is intended to constitute legal, financial or medical advice of any kind. If you require advice, you should consult an appropriate professional.

The following provisions of this section will apply to the maximum extent permitted by applicable law and will not limit or exclude our liability in respect of any matter for which it would be illegal or unlawful for us to limit or exclude our liability. responsibility. In no event will we be liable for any direct or indirect damages (including damages for loss of profits or revenue, loss or corruption of data, software or databases, or loss or damage to property or data) suffered by you or a third party, resulting from your access to or use of our website.

Except to the extent that any additional contract expressly states otherwise, our maximum liability to you for any damages arising from or relating to the Website or any products and services marketed or sold through the Website, regardless of the form of the legal action which imposes liability (whether in contract, equity, negligence, intentional conduct, tort or otherwise) will be limited to the total price paid by you to us to purchase such products or services or use the website. This limitation will apply aggregately to all of your claims, actions and causes of action of every nature and type.

12. Confidentiality

To access our website and/or services, you may be asked to provide certain information about yourself as part of the registration process. You agree that all information you provide will always be accurate, correct and up to date.

13. Export Restrictions / Legal Compliance

Access to the Website from territories or countries where the content or purchase of products or services sold on the Website is illegal is prohibited. You may not use this website in violation of the export laws and regulations of France.

14. Assignment

You may not assign, transfer or subcontract any of your rights and/or obligations under these terms and conditions, in whole or in part, to any third party without our prior written consent. Any purported assignment in violation of this section will be null and void.

15. Violation of these general conditions

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we consider appropriate to deal with the breach, including temporarily or permanently suspending your access to the website, contacting your Internet service provider to ask them to block your access to the website, and/or taking legal action against you.

16. Force majeure

Except for payment obligations hereunder, no delay, failure or omission by either party to perform or observe any of its obligations hereunder shall be deemed a breach hereof. terms and conditions if and for as long as such delay, failure or omission results from any cause beyond the reasonable control of that party.

17. Compensation

You agree to indemnify, defend and hold us harmless from any and all claims, liabilities, damages, losses and expenses relating to your violation of these Terms and Conditions and applicable laws, including intellectual property rights and privacy rights. You will promptly reimburse us for any damages, losses, costs and expenses relating to or arising out of any such claims.

18. Exemption

Failure to enforce any of the provisions set forth in these terms and conditions and in any agreement, or failure to exercise an option to terminate, shall not be construed as a waiver of such provisions and shall not affect the validity of these terms and conditions or any agreement or any part thereof, nor the right thereafter to enforce each of the provisions.

19. Language

These general conditions will be translated exclusively into French. All notices and correspondence will be drawn up exclusively in this language.

20. Entire agreement

These terms and conditions constitute the entire agreement between you and GNC GROUPE regarding your use of this website.

21. Update of these general conditions

We may update these terms and conditions from time to time. It is your duty to check these Terms and Conditions periodically to see if they have been changed or updated. The date indicated at the beginning of these Terms and Conditions is the most recent revision date. Changes to these terms and conditions will be effective immediately upon posting on this website. Your continued use of this website following the posting of changes or updates will be deemed notice of your agreement to follow and be bound by these terms and conditions.

22. Choice of law and jurisdiction

These general conditions are governed by the laws of France. Any dispute relating to these general conditions will be subject to the jurisdiction of the courts of France. If any part or provision of these terms and conditions is found by a court or other authority to be invalid and/or unenforceable under applicable law, that part or provision will be modified, deleted and/or enforced to the fullest extent possible. in order to give effect to the intent of these terms and conditions. Other provisions will not be affected.