Terms of service
These Terms and Conditions of Use are established between:
On the one hand,
NODALETO SAS, a simplified joint stock company with a capital of €20,000, registered with the Paris Trade and Companies Registry under number 842 472 664, and whose registered office is located at 57 rue Pierre Charon 75008 Paris, FRANCE and whose VAT number is FR69842472664 (hereinafter "NODALETO"),
On the other hand,
Any legal or individual over the age of majority or holder of parental authorisation and with full and complete legal capacity to enter into a binding agreement, browsing the Sites www.nodaleto.com and/or www.nodaleto.shop, and acting for purposes that are not within the scope of its commercial, industrial, craft, liberal or agricultural activity (hereinafter the "User").
Article 1. DEFINITIONS
Personal data refers to all the personal information relating to the User as an individual provided by him/her when placing an order.
Parties jointly designate NODALETO and the User.
Product means any product offered for sale on the Site and which the User may order.
Site refers to the infrastructures developed by NODALETO according to the computer formats that can be used on the Internet, including data of various types, and in particular text, sound, still or animated images, videos and databases, which are intended to be consulted by the User.
User means any individual of adult age or legal entity who browses the Site and acts for purposes that are not within the scope of its commercial, industrial, craft, liberal or agricultural activity.
Article 2. PURPOSE OF THE TCU AND BINDING VERSION
These TCU define the rights and obligations of the Parties in the context of the use of the Site by the User.
NODALETO is free to modify, at any time and without prior notice, the present Terms and Conditions of Use, including to take into account any legal, jurisprudential and/or technical evolution.
Any modification is applicable as soon as the TCU are updated.
Continued use of the Site by the User after the publication of the revised TCU means that the User accepts and agrees to these modifications. Consequently, NODALETO invites the User to check the page regularly to be kept informed of any changes that may have occurred.
Article 3. ACCESS TO THE SITE
3.1 Age Requirements
The Site is accessible exclusively to Users over eighteen (18) years of age. If the User is under the required age, prior authorisation from his/her parents or the holder of parental authority is required.
By using the Site, the User guarantees that he/she fulfils the above-mentioned condition.
3.2 Geographic scope
The Site is intended for Users from all over the world, with the exception of countries subject to an embargo as a result of a resolution taken by the UN, and provided that these Users can legally conduct a legal procedure in France.
3.2 Material and technical means
The Site is accessible free of charge to any User with internet access. All costs relating to the access to the services offered by NODALETO are the exclusive responsibility of the User.
NODALETO uses all reasonable means at its disposal to ensure quality access to the Site but is not bound by any obligation of result.
Furthermore, NODALETO cannot be held responsible for any network or server malfunction or any other event beyond its control that would prevent or degrade access to or use of the Site.
NODALETO retains the right to interrupt, temporarily suspend or modify access to all or part of the Site without notice in order to ensure maintenance or for any other reason, without the interruption giving rise to any obligation or compensation.
Article 4. USE OF THE SITE
The User shall undertake to use the Site solely for legal purposes and in accordance with these TCU.
4.1 Prohibited use
The User shall not use the Site:
- In a way that would be in violation of the laws or regulations applicable in France and within the European Union;
- By impersonating or attempting to impersonate NODALETO, a NODALETO employee, another User or any other person or entity for any purpose whatsoever;
- By engaging in any conduct that restricts or inhibits any person from using the Site.
In addition, the User shall not:
- Use the Site in any manner that could disable, overburden, damage or impair the Site or interfere with any third party's use of the Site, including its ability to engage in real time activities via the Site;
- Use any robot, search engine or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any material on the Site;
- Use a manual process to monitor or copy any of the Site’s content or for any other unauthorised purpose without our prior written consent;
- Use any device, software or routine that interferes with the proper working of the Site;
- Introduce viruses or any other malicious or harmful software or technology;
- Attempt to gain unauthorised access to, interfere with, damage or disrupt any part of the Site, the server on which the Site is stored or any server, computer or database connected to the Site;
- Attack the Site via a denial of service attack or a distributed denial of service attack;
- Attempt to interfere with the proper working of the Site.
4.2 Sanctions of breaches
In the event of non-compliance with these TCU, or, more generally, infringement of the laws and regulations applicable to the User, NODALETO retains the right to take all appropriate measures, including:
- Suspend or limit access to the User's Site;
- Notify any authority concerned;
- Initiate any appropriate legal proceedings.
Article 5. CONTENT
The Site is a marketplace on which the User can access the collection of NODALETO's creations offered for sale.
5.1 Information contained on the Site
The information contained on or via the Site is made available for general information purposes. It is provided for information purposes only. For example, NODALETO offers, for information purposes, the reference sizes in the various geographical areas of the world.
Consequently, NODALETO cannot guarantee the User’s full satisfaction of the advice that may result from the use of its Products and does not assume any responsibility for the use that the User may make of them. NODALETO therefore advises to consult a professional in case of uncertainty regarding the use of a Product displayed on the Site.
NODALETO undertakes to rectify as soon as possible any inaccurate or obsolete information that may be present on the Site.
5.2 Links to other Sites
The Site may contain a number of links to third party sites or resources, including other marketplaces where NODALETO's creations are sold.
The User acknowledges and accepts that NODALETO cannot under any circumstances be held responsible for the technical availability of Sites operated by third parties, including its potential partners, to which Users may have access via the Site.
Article 6. NEWSLETTER
NODALETO offers the User to subscribe to the newsletter. By registering, the User agrees to receive a regular email informing him/her of NODALETO's various activities.
The newsletter service is completely free of charge. To register, the User must enter a valid e-mail address, which will become the reference address where the newsletter will be sent. Validation of the subscription implies full and complete acceptance by the User of these Terms and Conditions of Use.
6.2 Services offered
Newsletters are sent automatically to subscribers. The mailing frequency is random and is carried out using the reference e-mail address provided by the subscriber. The content of the newsletters is provided exclusively by NODALETO.
NODALETO cannot be held liable for any direct or indirect consequences related to the use of newsletters by subscribers. These newsletters are distributed for information purposes only and may not be used for consultancy purposes.
Each subscriber to the newsletter has the right to unsubscribe and to access and modify any personal information concerning him/her.
The information collected is processed in accordance with NODALETO's data protection policy, which can be accessed here.
The subscriber can unsubscribe from the newsletter at any time by clicking on the link at the bottom of the newsletter e-mail.
Article 7. CONTACT
NODALETO offers Users to send messages and complaints via the contact form accessible on the Site.
To send a message, the User must enter his or her surname, first name and email address.
Messages sent by Users must comply with the legislation in force. Consequently, any contribution must not, amongst other things:
- Contain a defamatory, obscene, indecent, vulgar, malicious, violent, xenophobic, racist or otherwise unlawful message;
- Promote sexually explicit or pornographic material;
- Be used for political or ideological propaganda or proselytism;
- Disseminate advertising for products and brands competing with the brand(s) presented on the Site;
- Infringe any patent, trademark, trade secret, copyright or other intellectual property right;
- Disseminate personal and nominative information about a person without his/her consent;
- Intimidate or harass anyone; or
- Usurp the identity of a person or give a false image of the User's identity or affiliation with a person or organisation.
In the event of a breach of any of these obligations, NODALETO retains the right not to respond to the User and to take any appropriate action in accordance with article 4.2 hereof.
Article 8. INTELLECTUAL PROPERTY
In accordance with the laws and conventions governing intellectual property or other similar rights, the Site and all the elements, trademarks, drawings, models, photographs, texts, illustrations, logos, animated or not animated sequences, sound or not, graphics, etc., contained in this Site as well as their compilation are the exclusive property of NODALETO, which does not grant any licence or any other right other than that of consulting the Site and benefiting from the Services offered by NODALETO.
With the exception of elements published under a free licence, all reproductions or representations, even partial, by any process whatsoever, all automated or non-automated requests for the recovery of data published on this Site, made without the authorisation of the publisher are illicit and constitute an infringement in accordance with the provisions of the law of March 11th, 1957, articles 40, 41 and 42 of the French penal code.
The User who has a personal Site and who wishes to place, for personal use, on his site a simple link referring directly to the Site, must necessarily request an authorisation from NODALETO. In any event, any link, even tacitly authorised, must be removed at NODALETO's request. Hypertext links may refer to sites other than the Site. NODALETO disclaims all liability in the event that the content of these sites breaches the laws and regulations in force.
Consequently, the User only has the right to use the Services made available to him/her on the Site, without being authorised to reproduce, represent, adapt, distribute or exploit them for personal purposes or for the benefit of third parties. In addition, the User expressly refrains from using the services made available to him/her on the Site to market the methods proposed, for any reason whatsoever.
The User expressly acknowledges that any violation of this clause is likely to cause financial damage to NODALETO for which he may seek compensation.
Article 9. PERSONAL DATA
NODALETO is led to collect personal data according to the services that the User uses, via technologies such as cookies or tracers.
Article 10. LIABILITY OF NODALETO
Access to the Site is provided by NODALETO on an "as is" and "as available" basis. NODALETO does not guarantee to Users that the Site, which is subject to constant research to improve its performance and progress, will be completely free of errors, defects or faults. The Site is standard and is not intended solely for the use by a given User according to his or her own personal constraints, and NODALETO does not guarantee that it will meet his or her specific needs.
NODALETO makes every effort to ensure that the Site is accessible and functions properly on a continuous basis.
Nevertheless, in view of the limitations related to the Internet, NODALETO cannot rule out the possibility that access to and operation of the Site may be interrupted, particularly in the event of force majeure, malfunctioning of the User's equipment, malfunctions in the User's Internet network, or maintenance operations intended to improve the Site and its functionalities. Likewise, NODALETO cannot be held liable for any constraint related to the host, such as maintenance, which has repercussions on the accessibility of the Site.
NODALETO guarantees neither the absence of technical problems, nor compatibility with a particular configuration and/or hardware, nor a delay in putting the Site online, and may not be held liable for any malfunctions related to the use of ancillary software.
Consequently, NODALETO cannot be held responsible for any interruption of the Site, whether voluntary or not, it being specified that he shall undertake to make his best efforts to limit any interruptions that may be attributable to him.
The User expressly accepts that NODALETO cannot be held liable for any direct, indirect, incidental, special, consequential or punitive damages, etc., as well as for any loss of profits or income, which may be incurred by the User directly or indirectly related to :
- to the access or use of the Site;
- the User's inability to access or use the Site;
- to any behaviour or content submitted, published or posted on the Site;
- to any unauthorised access, use or alteration of the User's transmissions.
Article 11. GENERAL PROVISIONS
The Parties acknowledge that these TCU constitute the entire agreement between them and supersede any prior offers, provisions or agreements, whether written or verbal.
The headings of the Articles of these TCU have been inserted for the convenience of the User and in no way with the aim of restricting or modifying any of the terms or stipulations herein.
No subsequent document, no modification of the TCU in any form whatsoever will be effective between the Parties without taking the form of an amendment duly dated and signed by each Party.
If any of the provisions of the TCU should prove to be void with regard to a rule of law in force or a court decision that has become final, it will then be deemed to be unwritten, without invalidating the TCU or affecting the validity of its other provisions.
The TCU are concluded in English and French. In the event of a conflict of interpretation between the English and French versions of these TCU, the French version shall prevail.
The TCU are governed entirely by French law.
In the event of a dispute relating to the Site, the User must first contact NODALETO, in order to find an amicable solution, by email at firstname.lastname@example.org.
Referral to the mediator can only take place after the User has made prior written representations to NODALETO.
The Parties have the right to resort to conventional mediation or any alternative dispute resolution method in the event of a dispute. NODALETO is responsible for referring the matter to the mediator. The Parties are free to refuse the solution proposed by the mediator. NODALETO's mediator is (FEVAD).
In addition, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform can be accessed at the following link: https://webgate.ec.europa.eu/odr/.
It is expressly recalled that requests for out-of-court settlement do not suspend the statute of limitations.
In the event of a dispute, the competent court shall be that of the defendant's place of residence or, at the defendant's choice, the place of actual delivery of the Product.