1. Presentation of the website.
By virtue of article 6 of the Act No. 2004-575 of 21 June 2004 for confidence in the digital economy, users of the site www.fumerchic.com are informed of the identity of the different contributors in the frame of its realisation and follow-up:
Owner: BM Commerce - 762 boulevard Jeanne d'Arc - 06210 Mandelieu La Napoule – SIRET No.: 792 880 916 000 12
Publication manager: Bernard MASSE. – email@example.com
Webmaster: WebGraphie for the initial creation - Fumer Chic for the maintenance of the site delivered
Host: Be1Host – 4 impasse Alexis Carrel, 49300 Cholet - France.
2. General terms and conditions of use for the site and services proposed.
The use of the site www.fumerchic.com implies the full and complete acceptance of the general terms and conditions of use described below. These conditions of use may be modified or completed at any time, therefore, users of the site www.fumerchic.com are invited to consult them regularly. This site is normally accessible to users at any time. However, an interruption in service for technical maintenance may be decided by www.fumerchic.com, which will try to communicate the dates and times of its intervention to users beforehand. The site www.fumerchic.com is updated regularly by Fumer Chic. In the same way, the legal notice may be modified at any time: the user is asked to refer to it as often as possible to keep up-to-date with it.
3. Description of the services provided.
The site www.fumerchic.com is designed to provide information about all the company’s activities. Fumer Chic makes every effort to provide precise information on the site www.fumerchic.com. However, it may not be held liable for any omissions, inaccuracies and failures in updates, regardless of whether it is its own doing or that of third-party partners which provide it with information. All the information indicated on the site www.fumerchic.com is provided for information purposes only and is subject to change. Furthermore, information appearing on the site www.fumerchic.com is not exhaustive. It is available subject to any modifications made to it since it has been put online.
4. Contractual limitations concerning technical data.
The website may not be held liable for any material damages resulting from the use of the site. Also, the site’s user undertakes to access the site using recent equipment which does not contain viruses and which is fitted with a latest generation and updated browser.
5. Intellectual property and forgery.
Fumer Chic is the owner of the intellectual property rights and holds the user rights for all the elements accessible on the site, in particular texts, images, graphics, logos, icons. The reproduction, representation, modification, publication, adaptation of all or part of the site’s elements, regardless of the means or processes used, is forbidden, unless authorised in writing by: Fumer Chic. Unauthorised use of the site or of any of the elements it contains will be considered to be forgery and will be punishable according to the provisions of articles L.335-2 and following of the Intellectual Property Code.
6. Limitations of liability.
Fumer Chic may not be held liable for any direct or indirect damage caused to the user’s equipment when accessing the site Fumer Chic, and resulting either in the use of equipment which does not comply with the specifications indicated in point 4, or the appearance of a bug or incompatibility. Also, Fumer Chic may not be held liable for indirect damages (for example, loss of market or loss of chance) following the use of the site www.fumerchic.com. Interactive spaces (possible to ask questions in the contact space) are available to users. Fumer Chic reserves the right to remove, without prior notice, any content in this space which contravenes the legislation in force in France, especially the provisions concerning data protection. If necessary, Fumer Chic also reserves the right to invoke the user’s civil and/or penal liability, in particular in the case of messages of a racist, injurious, defamatory, or pornographic nature, regardless of the support used (text, photograph, etc.).
7. Management of personal data.
In France, personal data is protected, in particular, by Act No. 78-87 of 6 January 1978, Act No. 2004-801 of 6 August 2004, article L. 226-13 of the Penal Code and the European Directive of 24 October 1995. Data may be collected when using the site www.fumerchic.com: the URL of the links with which the user accessed the site www.fumerchic.com, the user’s internet provider, the user’s Internet Protocol (IP) address. In all cases, Fumer Chic only collects personal data concerning the user for the needs of certain services offered on the site www.fumerchic.com. The user provides this information in full knowledge of the facts, especially when he himself enters it. It is then indicated to the user of the site www.fumerchic.com whether it is mandatory or not to provide this information. In accordance with the provisions of articles 38 and following of Act 78-17 of 6 January 1978 concerning computing, files and data freedom, users have the right to access, rectify and oppose the use of any personal data by sending a handwritten and signed letter, accompanied by a copy of a signed identity document, with details of the address to which the reply should be sent. No personal data belonging to the user of the site www.fumerchic.com is published without the user’s knowledge, nor is it exchanged, transferred, or sold on any support whatsoever to third parties. Only in the event of the purchase of Fumer Chic, and its rights, would the afore-mentioned data become available to any future buyer, who, in turn, would be bound by the same obligations concerning the conservation and modification of data regarding the user of the site www.fumerchic.com. The afore-mentioned site has been declared to the CNIL under the number 1683628 v 0. Databases are protected by the provisions of the Act of 1 July 1998 transposing 96/9 of 11 March 1996 concerning the legal protection of databases.
8. Hypertext links and cookies.
The site www.fumerchic.com contains a certain number of hypertext links to other sites set up with Fumer Chic’s authorisation. However, it is not possible for Fumer Chic to verify the content of the sites visited by this means and, therefore, it is not liable for it. Browsing on the site www.fumerchic.com may result in the installation of a cookie(s) on the user’s computer. A cookie is a small file which does not allow the user to be identified, but which saves information concerning a computer’s browsing on a website. Data obtained in this manner is designed to facilitate browsing on the site at a later date and is also used to measure visitor numbers. The refusal to install a cookie may mean that you are unable to access certain services. However, the user may configure his computer as follows in order to refuse the installation of cookies: In Internet Explorer: tab tool/Internet options. Click on Privacy and select Block all cookies. Click on OK. In Netscape: tab edit/preferences. Click on Advanced and select Deactivate cookies. Click on OK.
9. Applicable law and allocation of jurisdiction.
Any dispute concerning the use of the site www.fumerchic.com is subject to French law. Jurisdiction will be exclusive to the competent courts of Paris.
10. The main Acts concerned.
Act No. 78-87 of 6 January 1978, modified in particular by the Act No. 2004-801 of 6 August 2004 concerning computing and data freedom. Act No. 2004-575 of 21 June 2004 concerning confidence in the digital economy.
User: Web surfer connecting to or using the afore-mentioned site.
Personal data: “data which enables, in any format whatsoever, whether directly or not, the identification of the person to whom it applies” (article 4 of Act No. 78-17 of 6 January 1978).