Terms of use
Last revision: 08/03/2021
These conditions
(1) This website (the “Site”) and/or the services, including any mobile applications connected to it (collectively the “Services”), are owned and operated by Opale Design, (hereinafter also referred to as " us", "us" or "our"). These Terms of Use (the “Terms”) set forth the terms and conditions under which visitors or users (collectively, the “User” or “you”) may visit or use the Site and/or the Services.
(2) By accessing or using the Services, you acknowledge that you have read and consent to these Terms and agree to be bound by them. If you do not agree to all of the Terms, you must not access the Site or use any of the Services. Read these Terms carefully before accessing or using our Site or Services. In these Terms, you'll find out who we are, how you can use our Services, and what you can do if you have a problem.
(3) You represent that you are of legal age and have the legal authority, right and power to enter into a binding agreement based on these Terms, and to use the Services. If you are under the age of majority, you may only use the Services with the consent of your parents or legal guardian.
[For Professional Users]
(4) This site is published by Mme COCHET Opaline, 9 Allée des moissons, 22130 CREHEN, 06 38 67 19 32,
SIRET number 40055751800075
SIREN number 400557518
The director of publication is Mme COCHET Opaline
You can contact us :
by phone: 06 38 67 19 32 (price of a local call)
by e-mail: opaledesign.contact@gmail.com
by post: 9 Harvest Alley, 22130 CREHEN
This Site is hosted by Wix.com
[For home users]
(4) This Site is hosted by Wix.com
These Terms are provided in the French language. In the event of any discrepancy between the French version of this document and any of its translations, the French version shall prevail.
To use our Site and/or benefit from our Services, you must be at least 18 years old, or have reached the legal age of majority in your country, and have the legal authority, right and power to sign these Terms. as a binding agreement. You are not authorized to use this Site and/or take advantage of our Services if it is prohibited in your country, or by any law or regulation applicable to you.
In addition, before placing and confirming an order, you must read and agree to these Terms.
You can download and print these Terms .
Acceptable use
(1) Our Services are provided for your information and for personal, non-commercial use only. When using our Services, you must comply with these Terms and all applicable laws.
(2) Except as expressly permitted by these Terms, you must not: (i) use our services in any unlawful or fraudulent manner (including violation of any third party's rights) or for such purposes, to collect personally identifiable information or to impersonate other users; (ii) modify or use our copyright, trademark or other proprietary rights notices, or interfere with the security features of our Services; (iii) use our services in any way to manipulate or distort, or undermine the integrity and accuracy of any content, or take any action to interfere with, damage, disrupt any part of our services; (iv) use our services to send, receive, upload/post, download, any material that does not comply with our content standards; (v) use our Services to transmit or facilitate the transmission of any unsolicited or unauthorized advertising or promotional materials; (vi) use our Services to transmit data, or upload data to our Services, that contains viruses, Trojan horses, worms, time bombs, keyloggers, spyware, adware or any other harmful programs or similar computer code designed to affect the operation of any computer software or hardware; (vii) use any robot, spider, other automatic device or manual process to monitor or copy our site or other web pages or the content of our services, or use network monitoring software to determine the architecture of our services or extract usage data; (viii) engage in conduct that restricts or inhibits any other user from using or enjoying our services; or (ix) use our services for commercial purposes or in connection with any commercial activity carried out, without obtaining our prior written consent. You agree to cooperate fully with us in investigating any suspicious or actual activity that violates these Terms and Conditions.
Intellectual property
(1) Our Services and related content (and any derivative works or enhancements thereof), including but not limited to all text, artwork, files, images , software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technologies, documentations, trademarks, service marks, trade names and trade dress and interactive features, and all the intellectual property rights therein are owned by or licensed to us (collectively, “Our intellectual property”), and nothing herein grants you any rights in connection with Our intellectual property. Except as expressly provided herein or required by mandatory provisions of applicable law for use of the Services, you shall not acquire any right, title or interest in Our Intellectual Property. All rights not expressly granted in these Terms are expressly reserved.
(2) If a Service includes the provision of digital content such as music or video, you are granted the rights specified for such content on the Site.
User content
(1) You may post on or through our Services text, files, images, photos, videos, sounds, musical works, works of authorship, audio files, fonts, logos, trademarks, artwork, compositions, applications, comments, information and other materials, as applicable (collectively, "User Content") .
(2) By posting or publishing ("Posting") any User Content on or through the Services, you hereby grant us a limited, non-exclusive, fully paid, royalty-free, worldwide license, to use, modify, delete, add, publicly perform, publicly display and reproduce such User Content as part of the Services by distributing all or part of the Services in the appropriate formats through the channels supported by us, except that User Content that has not been publicly shared (“Private”) will not be distributed outside of the Services.
(3) You represent and warrant that: (i) you own the User Content uploaded or provided by you through the Services or have the right to grant the license defined in this section, (ii) the publication and use of your User Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your User Content to the Services does not create a breach of contract between you and any third party.
(4) If you believe that your work has been copied or otherwise used that constitutes copyright infringement, you may notify us using the contact details provided in the last section of these Terms and provide as well as the following information:
(i) the contact details of the person authorized to act on behalf of the copyright owner;
(ii) a description of the copyrighted work that you claim has been infringed;
(iii) a description of the material that you claim is infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate that material (including its URL address);
(iv) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (v) a statement that the information in the notice is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf. copyright that has been infringed.
(5) We reserve the right to notify this counter-notice to the person or entity providing the notice of infringement and to provide all details included therein.
(6) We can be contacted at the following address:
Name: Ms. COCHET Opaline
Address: 9 Harvest Alley, 22130 CREHEN
Email: opaledesign.contact@gmail.com
Exclusion of warranty for the use of the Site and the Services
The Services, our intellectual property and all documents, information and content provided relating thereto which are made available to any user free of charge are provided "as is" and "as available", without any warranty of any kind. whether express or implied, including any warranties of fitness for a particular purpose and any warranties regarding the security, reliability, timeliness, accuracy, or performance of our services, except for malicious non-disclosure of defaults. We do not warrant that our Free Services will be uninterrupted or error-free, or that they will meet your requirements. Access to the Services and the Site may be suspended or limited due to repairs, maintenance or updates.
Compensation
You agree to defend and hold us harmless against any and all actual or alleged claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees ) arising out of or relating to your use of the Site and Services in violation of these Terms, including in particular any use that would violate the limitations and requirements set forth in the "Acceptable Use" section and any User Content uploaded or provided by you in breach of the warranties set forth in the "User Content" section, unless such circumstances are not caused by your fault.
Limitation of Liability
1. To the fullest extent permitted by applicable law, we disclaim all liability for any amount or kind of loss or damage which may arise to you or any third party (including any direct or indirect loss and any loss of revenue, profits , goodwill, data, contracts, and any loss or damage resulting from or related to, business interruption, loss of opportunity, loss of savings anticipated waste of management or office time, even if foreseeable, in connection with (i) this Site and its contents, (ii) the use, inability to use or results of the use of this site, (iii) any website linked to this Site or the materials on such linked websites.
2. We shall not be liable for any delay or failure to perform our obligations under these Terms if such delay or failure results from any cause beyond our control and/or force majeure within the meaning of article 1216 of the Civil Code.
Modification of the Terms or Services; interruption
(1) We reserve the right to modify these Terms from time to time, at our sole discretion, to take into account changes in the law or additional features that we may introduce, or in the course of developing our business . Accordingly, you should review these Terms regularly and in any event when creating a Member Account (if applicable). The new Terms will apply to any new use of the Service by you after their effective date. If Recurring Services you use are affected by changes to the Terms, we will reasonably take your legitimate interests into account when making those changes. We will notify you of such changes duly in advance. The changes will be deemed accepted by you if you do not object to them within two months of this notification. We will draw your attention to this fact in our notification. If you object, we will have a special right, without any liability to you, to terminate the agreement with you with effect from the effective date of such changes.
We may modify the Services, stop providing the Services or any features of the Services we offer, or create limits for the Services. We may terminate or suspend access to the Services permanently or temporarily for any reason, without liability. We will give you sufficient notice if this is possible in the given circumstances and we will reasonably take into account your legitimate interests when taking such action.
Links to Third-Party Sites
The Services may include links that cause you to leave the Site. Unless otherwise stated, the linked sites are not under our control and we are not responsible for their content, or any links they contain, or any changes or updates to them. We are not responsible for any transmissions received from linked sites. Links to third party sites are provided for convenience only. If we add links to other websites this does not mean that we endorse their owners or their content.
Applicable right
These Terms are governed and interpreted in accordance with French law, with the exception of conflict of law rules.
Various
(1) No waiver of any breach or default hereunder shall be deemed a waiver of any prior or subsequent breach or default.
(2) Section titles used in these Terms are for convenience only and have no legal substance.
1. Unless otherwise stated, if any part of these Terms is found to be illegal or unenforceable for any reason, it is agreed that that part of these Terms will be severed, the other terms of these Terms will not be affected and that they will remain in force.
2. By accepting the Conditions, you undertake not to dispute the probative value of the documents exchanged via the Site, on the basis of their electronic nature. Computerized records are considered proof of communications, orders and payments made between us.
3. Your acceptance of the Conditions constitutes an agreement of proof, within the meaning of article 1368 of the Civil Code.
(4) You may not assign your agreement with us under these Terms, or your rights or obligations hereunder, in whole or in part, without our prior written consent.
(6) These Terms constitute the entire agreement and supersede all prior written or oral agreements between you and us relating to the Services and the sale of the Products.
(7) The provisions of these Terms, which by their nature should survive any action by us, shall survive, including, but not limited to, the provisions relating to indemnities, waivers, disclaimers, the limitations of liability and this “Miscellaneous” section.
Contact us
Name: Ms. COCHET Opaline
Address: 9 Harvest Alley, 22130 CREHEN
Email: opaledesign.contact@gmail.com