2. WEBSITE PURPOSE
The Website allows the Users to:
- create a user account or log in to his/her user account (hereinafter the "User Account").
- browse the different products available for sale by MM on the homepage of the Website or by clicking on the tabs in the drop-down menu.
- buy and pay, directly on the Website, for products sold by MM.
- get access, from the "Our Universe" tab, to information about MM and the founder, Patrick Mouratoglou.
- proceed, from his/her User Account, to modify his/her personal information and addresses, view past and current orders and pre-orders, request and track a product return, and record and track his/her credit notes and coupons.
Access to the Website is reserved for Users acting for strictly personal purposes and not for any commercial activity and residing in a country from which the Website is available and where the Internet, mobile and/or satellite network allows access to the functions of the Website.
Access to the Website is permitted on a temporary basis. MM may suspend, withdraw, discontinue or modify all or part of the Website at any time without notice. The User acknowledges that MM will not be liable for any such suspension, modification or interruption of the Website.
MM grants the User the right to access the Website free of charge under the conditions fully described in these ToU.
The User may access the Website and its features at any time from compatible devices. The use of the Website does not require the creation of a User Account.
However, the User may create a User Account at any time which will allow him/her to access certain features of the Website, such as the purchase of products. The User is invited to log in or register for a User Account by providing the following information: email address, surname, first name, password, phone number, date of birth and nationality. Mandatory information is indicated by an asterisk. By providing personal information, the User undertakes to provide accurate, complete and true information and to update it regularly via his/her User Account.
The User can complete or modify his/her personal information by accessing his/her User Account directly on the Website. Through the User Account, the User has access to his/her personal information, addresses, product orders and pre-orders, credit notes and discounts and product returns tracking.
The User Account is strictly personal. The User connects to his/her User Account by using login details consisting of a username and a password defined by him/her (hereafter the "Login Details"). In this respect, the User undertakes to keep the Login Details confidential and to use them in accordance with the provisions of these ToU. The User is solely responsible for his/her use of the Login Details and the Website. The User acknowledges that the use made of any connection to the Website using his/her Login Details will be deemed to have been made by the latter and is the sole responsibility of the User. If the Login Details are fraudulently used or lost, the User must inform MM without delay, at the following email address: email@example.com, which will proceed to the immediate cancellation of the Login Details and/or the immediate change of the associated password upon proof of identity. If the User forgets his/her Login Details, a new password can be requested via the Website. MM will in no case be liable for any detrimental consequences to the User resulting from unlawful, fraudulent or abusive use of his/her Login Details by a third party not expressly authorized by the User.
The User is prohibited from:
- using the Website for purposes other than those strictly provided for in these ToU or in any way prohibited by law or regulation;
- using the Website in violation of the rights of others;
- using the Website in a way that may damage the Website and/or the features provided or disrupt their use by another User;
- selling, renting, sub-licensing, marketing, distributing, transferring or otherwise making the Website available to any person not authorized by MM;
- modifying (except as permitted and described in the Documentation and these ToU), adapting, reverse engineering, decompiling, disassembling or otherwise translating all or part of the Website;
- correcting errors, defects and any other anomaly on the Website;
- infringing the legitimate interests of MM and in particular its intellectual property rights and other rights relating to or connected with the Website;
- removing or modifying MM's trademark, logo or any other distinctive sign contained in the Website.
4. MM OBLIGATIONS
MM provides the User with the functionalities described in Article 2 via the Website under the conditions described in these ToU.
The Website is accessible twenty-four hours a day, seven days a week, except in the case of events of force majeure or events beyond the control of MM (including failures) and subject to periods of necessary maintenance and updating of the Website.
MM undertakes, as part of an obligation of means, to provide access to the Website in compliance with these ToU and to act with diligence and competence in order to make every effort, within reasonable limits, to remedy any malfunction brought to its attention. For the proper management of the Website, MM may at any time:
- make changes to the Website;
- suspend, interrupt or limit access to all or part of the Website, reserve access to the Website, or to certain parts of the Website;
- delete any information that may disrupt the operation or contravene national or international laws and/or these ToU;
- suspend access to the Website in order to carry out maintenance and/or updates or in the event of a security threat.
5. USER OBLIGATIONS
The User undertakes to comply with these ToU. In general, and without this list being considered exhaustive, the User is prohibited from:
- using the Website for professional, commercial or non-private purposes;
- downloading, reproducing, recording, capturing and/or copying, by any process or means, the content of the Website and its functionalities and in particular the photographs displayed therein in violation of the ToU;
- uploading, posting, transmitting, in any manner whatsoever, any illegal or infringing content, advertising, unsolicited and unauthorized promotional material, as well as any computer virus, code, file or program designed to interrupt, destroy or limit the functionality of the Website or servers, networks or networks connected to the services;
- making statements or disseminating, in any form whatsoever, content such as, but not limited to, photos, messages and/or comments (hereinafter the "User Content") infringing intellectual property rights or the rights of others or of a defamatory, abusive, obscene, offensive, violent or inciting to violence nature, of a political, racist or xenophobic nature and, in general, any content contrary to the laws and regulations in force;
- interfering with or disrupting the Website, the servers, the networks connected to the features, or refusing to comply with the requirements, procedures, general rules or regulations applicable to the networks connected to the features;
- attempting to mislead other users by impersonating the name or business name of others, and in particular by impersonating an employee or affiliate of MM.
The User undertakes to ensure that any User Content deposited and/or disseminated by him/her via the Website does not infringe the rights of third parties, and in particular intellectual property rights (in particular trademarks, copyright, models), personal rights (in particular defamation, insults, denigration, harassment, etc.), privacy rights (including image rights), public order and moral standards (in particular public condoning of crimes against humanity, incitement to racial hatred, violation of human dignity, violence against animals, violent or degrading images, etc.) and, more generally, the applicable regulations in force and the usual rules of politeness and courtesy. The User is solely responsible for all information, content and data that he/she uploads online on the Website.
By publishing User Content on the Website, the User grants, free of charge, for the entire world, for the legal duration of protection, the non-exclusive, irrevocable, transferable and sub-licensable right to use, reproduce and represent said User Content, including, without limitation: (1) to copy said content, by any means known or unknown (such as, in particular, paper, electronic, magnetic, optical or digital, etc.); (2) to use, reproduce and represent said content, by any means known or unknown (such as, in particular, electronic, magnetic, optical or digital, etc.). (3) distribute such User Content and use it for promotional and marketing purposes, including, without limitation, for internal and/or external corporate communications and for the promotion of our business worldwide, including for the purposes of events organized by or on our behalf (4) adapt such User Content and make any changes we deem necessary (including, without limitation, the right to arrange, modify, correct, enhance, advertise, crop and/or incorporate all or part of the User Materials into other works); and (5) translate the User Content into any language.
In the event that the User uses the Website in violation of applicable laws and/or the ToU, MM reserves the right to take any measures it deems appropriate, including immediately suspending, temporarily or permanently, the User's access to the Website and/or, if applicable, his/her User Account.
In the event that MM is held liable for a breach by the user of his/her obligations under the law or under these ToU, the user undertakes to indemnify and hold MM harmless from any court decision against it which has its origin in the user's breach, as well as to reimburse all costs incurred and damage caused.
6. THIRD PARTY CONTENT
The Website might contain hyperlinks to third party websites that MM does not control. These hyperlinks are only referenced. MM is not responsible for the availability or content of the services offered on these websites, nor for their privacy or data protection practices.
Insofar as MM has no control over such services, the User acknowledges and agrees that MM is not responsible for the availability of such external services and does not control, endorse or take responsibility for the content, accuracy, quality, advertising, products, services or other materials available on or through such services. Furthermore, the User acknowledges and agrees that MM is not responsible or liable, directly or indirectly, for any harm or damage caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through the services.
MM does not guarantee that the Website or the MM Content will (i) meet your needs, (ii) be free from errors or omissions, and (iii) be available and accessible on an uninterrupted basis. MM reserves the right, but is not obliged, to correct any errors or omissions on the MM Website or Contents.
MM will not be liable for any failure, difficulty or interruption in operation, preventing access to the Website or any of its features on a temporary basis. The User acknowledges and accepts that MM cannot be held liable for any inconvenience or damage related to the use of the Internet, mobile and/or satellite network, including but not limited to:
- poor transmission and/or reception of any data and/or information via the Internet, the mobile network or the satellite network;
- failure of any receiving equipment or communication lines;
- any malfunction of the Internet network, the mobile network or the satellite network preventing the proper functioning or poor conditions of use of the Website and/or access to the Website's features;
- any contamination by viruses or intrusion by a third party into the User's computer system.
In particular, MM will not be liable for any damage not directly and exclusively attributable to MM to the User's electronic equipment and the data stored therein, nor for the consequences thereof for the User's personal or professional activity. Therefore, the User is responsible for taking all appropriate measures to protect his/her electronic equipment and the data stored on his/her equipment against any attack.
The transfer rate and response times of information passing from the Website to the Internet are not guaranteed by MM. The speed of the information flow is not part of the service offered by MM, but of the inherent characteristics of the online or telecommunication networks provided by the User's operator.
The liability of MM is expressly excluded, which is acknowledged by the User, in the event of (i) improper use of the Website made available to the User or non-compliance with the recommendations for use, and (ii) in the event of force majeure within the meaning of Article 1218 of the French Civil Code and the applicable jurisprudence.
8. INTELLECTUAL PROPERTY
The Website and all elements and contents of the Website, including texts, graphics, visuals, logos, trademarks, names, sounds, designs, software, domain names, photo and video contents (hereinafter referred to as the "MM Content(s)") are protected by intellectual property law and are the exclusive property of MM and/or are licensed to MM. The ToU will not in any way be interpreted as transferring to the User the ownership of the Website or the Contents of MM. All rights to the MM Website and the MM Content that are not expressly granted to the User under the ToU and that are the property of MM, remain the full and exclusive property of MM. Consequently, any use, reproduction or representation of the MM Website and/or Content without the prior written permission of MM, including the creation of derivative works, is prohibited and may result in legal action.
Subject to the User's compliance with these ToU, MM grants the User a non-exclusive, non-assignable and non-transferable (including by way of sublicense) right to access and use the Website and all of its component parts (including the MM Content) and associated documentation, for the duration of these ToU, for the whole world.
The User may only use the Website, the MM Content and the associated documentation in accordance with their intended purpose and for the User's personal and private use. Any reproduction or representation for other purposes is only permitted with the express prior written consent of MM. In particular, the User is not allowed to download, copy, alter, modify, adapt, delete, distribute, transmit, disseminate, sell, rent, license or exploit the Website and the MM Contents in whole or in part, in any way whatsoever, without the express, written and prior consent of MM.
Any other use of the MM Website or Content constitutes an infringement and is punishable under intellectual property law, except with the prior, express and written permission of MM.
9. PROTECTION OF PERSONAL DATA
The ToU are applicable as long as the User uses the Website.
11. SETTLEMENT OF DISPUTES AND APPLICABLE LAW11.1. Amicable agreement: In the event of a dispute relating to the use of the Site and / or in connection with the conclusion, validity, interpretation, execution, non-performance or termination of the T & Cs, the User and MM must try to find a solution amicable solution before any legal action or recourse to mediation, it being specified that this step does not interrupt the time limit for taking action. To do this, the User can contact MM using the address available in Article 12 of the T & Cs.
If the consumer customer does not consider the final response from MM to be satisfactory, the consumer customer has the option of submitting a request for an amicable resolution by mediation, within a period of less than one year from his written complaint to MM. , for all consumer disputes, with SAS Médiation Solution, which has been appointed consumer mediator.
To approach the mediator, the consumer client must make his request either:
- In writing: SAS Médiation Solution, 222 chemin de la bergerie, 01800 Saint Jean de Niost. If you have any questions, the telephone number is: 04 82 53 93 06
- By email: firstname.lastname@example.org
- By completing the online form "Enter the mediator" on the site, accessible on the mediator's site.
The conditions and documents to be provided to access this mediation are indicated on the mediator's website.
In addition, the European Commission provides an out-of-court online dispute resolution platform (OS platform), accessible at https://ec.europa.eu/consumers/odr.
11.2 In addition, the European Commission provides an online alternative dispute resolution platform (OS platform), accessible at https://ec.europa.eu/consumers/odr.
Applicable law and jurisdiction: All provisions contained in the ToU will be governed by French law and the competent courts in the absence of an amicable agreement. This choice of law does not affect the User's right to benefit from the applicable consumer protection regulations in the User's country of residence.
12. CONTACT MM
The User can obtain information or ask questions to the customer service by:
- phone, using the following number: [+33(0)4 83 88 14 30]
- email, using the following address: email@example.com, or
- by postal mail, using the following address: Mouratoglou Merchandise, 3550 route des Dolines, 06410, Biot, France.