1. Purpose of the Site
La Rosée’s Site is an e-commerce site that offers cosmetic products for sale to Internet users. This Site is accessible through the Internet at www.larosee-cosmetiques.com.
2. Personal Data and Cookies
La Rosée collects personal data through this Site. The Site’s “Personal Data & Cookies” charter describes the provisions relating to processing this data. Visitors are informed that the automatic processing of data, in particular the management of Visitors’ e-mail addresses, has been registered with the CNIL (declaration no. 1858695) and authorized by the CNIL (authorization no. 1858695) with regards to the tools used by La Rosée to combat fraud and non-payment through the Site.
3. Intellectual Property
The Site and any software used in connection with it may contain confidential information as well as data protected by intellectual property rights. Thus, unless otherwise stated, the intellectual property rights for the documents and any data of any nature that the Site contains and all the elements making up the Site (images, illustrations, sounds, text, graphic elements, charter, etc.), including software, databases and newsletters, are the exclusive property of La Rosée (hereinafter the “Content”), which does not grant any license or right other than to consult the Site. The reproduction of all or part of the Content is solely authorized for the exclusive purposes of information for personal and private use. Any reproduction or use of copies made for other purposes in any manner and in any form whatsoever are expressly prohibited. It is also prohibited to copy, modify, create a derivative work, assemble, decompile (except in cases provided by law), sell, assign, sub-license or otherwise transfer in any manner whatsoever any right relating to the Content. It is also prohibited to modify part or all of the Content, and in particular the software, or to use modified versions of the software, in order to obtain unauthorized access to the service and to access the Site by a means other than by the interface provided for Visitors by La Rosée for this purpose.
It should be noted that La Rosée owns the La Rosée brand and its logos.
Users acknowledge La Rosée's exclusive rights to the La Rosée brand and shall not make any use of it and more generally shall not infringe La Rosée's intellectual property rights. La Rosée reserves the right to seek damages in the event of counterfeiting and more generally any infringement of its intellectual property rights. Similarly, the Visitor is prohibited from infringing property rights, and intellectual property rights in particular, of any company of the group to which La Rosée belongs.
3.3. Hypertext links
The Site may include links to other Sites or Internet sources. Given that La Rosée has no control over these external sites and sources, La Rosée cannot be held liable for the availability of these external sites and sources, and cannot bear any liability for the content, advertising, products, services or any other information or data available on or from these sites or external sources. Furthermore, La Rosée may not be held liable for any damage or loss that may occur or is alleged to result from, or in relation to, the use of or having relied on the content, goods or services available on these sites or external sources.
The creation of any links to the La Rosée Site, any framing of the Site, and more generally any use of a component element of the Site, is subject to the prior, express authorization of La Rosée which may be revoked at any time at its sole discretion. La Rosée reserves the right to (i) request the removal of any link to the Site that has not been, or is no longer, authorized and (ii) claim damages to compensate for prejudice suffered as a result.
4. The Behavior of Visitors
All Visitors must use the Internet responsibly and with respect and courtesy to the rights of other Internet users.
In this respect, a Visitor, upon accessing the Site, is prohibited from:
- uploading to the Site, posting, emailing or transmitting by any other means content that is illegal, harmful, threatening, abusive, harassing, criminal, defamatory, vulgar, obscene, immoral, invasive of another's privacy, including their image rights, hateful or disparaging or offensive from a racial, ethnic or other viewpoint;
- uploading to the Site or posting, emailing or transmitting by any other means unsolicited or unauthorized advertising or promotional materials, "advertising materials", "misleading information", "chain letters", or any other form of solicitation;
- uploading to the Site, posting, emailing or transmitting by any other means any element containing software viruses or other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupting or interrupting the Site or the servers or networks connected to the Site or breaching any requirements, procedures, rules or regulations of networks connected to the Site;
- attempting to harm the service of any user, host or network, which includes, without limitation, exposing the Site to a virus, creating an overload or flooding the server, saturating e-mail messages or falsifying any TCP/IP protocol information packet headers or any part of the header information in any e-mail;
- accessing data that is not intended for the Visitor or entering a server / account to which the Visitor is not authorized to have access;
- attempting to probe, scrutinize or test the vulnerability of a system or network, or breaching security or authentication measures without authorization;
- stealing the identity of another person;
- conducting an activity or inciting a third party to conduct an activity that is illegal or any other activity that would infringe the rights of La Rosée, its suppliers, partners, distributors, advertisers or any other Visitor;
- transmitting or transferring (by any means whatsoever) information or software derived from the Site in particular to other countries or to certain foreign nationals in breach of a national or international law or regulation.
By acknowledging the global nature of the Internet, every Visitor undertakes to respect all local and international rules and procedures relating to online behavior and acceptable content and in particular all prevailing laws regarding the transmission of technical data.
At any time and for any reason whatsoever, La Rosée may implement any means to terminate, without notice, the Visitor's use of the Site or any of La Rosée's services for any conduct in breach of these conditions of use, without prejudice to any damages that La Rosée reserves the right to claim from the Visitor in the event of non-respect of the Site's General Conditions of Use.
5.1. Access and operation of the Site
The Visitor is personally responsible for setting up the computer and telecommunications resources to afford access to the La Rosée Site and having the knowledge necessary to use the Internet and access the Site. The Visitor shall be responsible for the connection and equipment costs relating to Internet access and the use of the La Rosée Site.
The Visitor uses the Site at his or her own risk. La Rosée shall not therefore be held liable for any damage that a Visitor may suffer as a result of such use. Furthermore,
LA ROSÉE SHALL NOT BE LIABLE FOR ANY INDIRECT DAMAGE, WHATEVER THE CAUSE, ORIGIN, NATURE OR CONSEQUENCES, INCLUDING IN PARTICULAR THE COSTS THAT MAY ARISE FROM THE ACQUISITION OF GOODS OFFERED ON THE SITE, LOSS OF PROFITS, CUSTOMERS, DATA OR ANY OTHER LOSS OF INTANGIBLE ASSETS THAT MAY OCCUR AS A RESULT OF ANY PARTY'S ACCESS TO THE SITE OR THE IMPOSSIBILITY OF ACCESSING THE SITE OR THE CREDIT AFFORDED TO ANY INFORMATION THAT COMES DIRECTLY OR INDIRECTLY FROM THE SITE.
5.2. Limitation of liability
The Site contains information from third parties and links to other Sites. La Rosée does not control the accuracy of the information contained therein nor the content. Consequently, La Rosée cannot under any circumstances be held liable for damages resulting from the use of, access to, or inability to use this third-party information, or the content of other Sites.
La Rosée shall not incur any implied or express liability with regard in particular to the integrity, accuracy, topicality, non-infringement, availability, reliability or exhaustive nature of the information, products, accessories or services appearing on the Site nor their suitability for the use that the Visitor plans to make of them.
Any claim by a Visitor against La Rosée must be made within six months of the occurrence of the event that is the subject of the claim.
6. General information
La Rosée reserves the right to amend and update the General Conditions of Use without notice. La Rosée advises Visitors to review the General Conditions of Use on a regular basis to remain informed of any modifications. Utilization of the Site will be subject to the General Conditions of Use in effect at the time of utilization.
In the event that one of the clauses of the General Conditions of Use becomes invalid as the result of a change of legislation, regulation or a court decision, this shall not in any case affect the validity and respect of the other clauses of the General Conditions of Use.
6.3. Applicable law
The General Conditions of Use are subject to French law.
IN THE ABSENCE OF AN AMICABLE SETTLEMENT, THE COURTS OF NANTERRE SHALL HAVE EXCLUSIVE JURISDICTION OVER ANY DISPUTE RELATING TO THE EXISTENCE, INTERPRETATION, PERFORMANCE OR BREACH OF THE CONTRACT BETWEEN LA ROSÉE AND THE VISITOR, EVEN IN CASES WITH MULTIPLE DEFENDANTS. THIS CHOICE OF JURISDICTION SHALL BE VALID EVEN IN CASES WITH MULTIPLE DEFENDANTS OR INTRODUCTION OF THIRD PARTY DEFENDANTS, AND INCLUDING FOR EMERGENCY OR PRECAUTIONARY PROCEEDINGS, WHETHER BY WAY OF EMERGENCY INTERIM PROCEEDINGS (RÉFÉRÉ) OR FURTHER TO A PETITION (REQUÊTE).