CGU

CGU

General Conditions of Use

GENERAL CONDITIONS OF USE OF CHRIS BIKE DIJON SERVICES APPLICABLE FROM SEPTEMBER 1 , 2020

PREAMBLE

The site https://www.shop-chrisbikedijon.com is published by the company CHRIS BIKE DIJON.

The purpose of these General Terms of Use is to define the conditions of use of the Site. By browsing the Site, you acknowledge having read these General Terms of Use and Special Terms of Use and accept them.

CHRIS BIKE DIJON is free to modify, at any time, these General Conditions of Use and the Specific Conditions of Use, in particular in order to take into account any legal, regulatory, jurisprudential and/or technical developments.

The prevailing version is the one accessible online at the following address: https://www.shop-chrisbikedijon.com. The same applies to any Special Conditions of Use accessible online at the Services address.

Any User is therefore required to refer to their version accessible online on the date of their access and use of the Services.

The User is expressly informed that the only version of the General Terms and Conditions of the Services that is authentic is the one found online on the Site, which he acknowledges and accepts without restriction, undertaking to refer to it systematically during each connection.

You are invited to consult these General Conditions of Use each time you visit the Site and no longer access the Site or use its services if you do not agree with the new applicable version.

  1. DEFINITIONS

For the purposes of the general conditions of use, the expressions below will have the following definition:

  • “CGU”: means these General Conditions of Use applicable to the Services;
  • “CPU”: means the Special Conditions of Use that may be applicable to certain Services and subject to acceptance by the User before using the Services concerned;
  • “Personal Data”: means any information relating to an identified or identifiable natural person; an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more specific elements specific to their physical, physiological, psychological, economic, cultural or social identity;
  • “The Publisher”: means the company CHRIS BIKE DIJON, publisher of the Site;
  • “Identifier”: means the personal identifier associated with the User’s account as well as any confidential code or password issued to the User by CHRIS BIKE DIJON and then modified by the User and allowing the User to identify themselves in order to access the Services;
  • “Data Protection Act”: means Law No. 78-17 of January 6, 1978 relating to data protection, files and freedoms, and amended by Law No. 2004-801 of August 6, 2004;
  • “Parties”: jointly designates CHRIS BIKE DIJON and the User;
  • “Professional”: means the professionals present on the Site Services and whom Users can contact using the Online Appointment Service.
  • “Services”: jointly designates the Directory Service and the Online Appointment Booking Service made available to Users by CHRIS BIKE DIJON via the Site;
  • “Directory Service”: means the free Professional search service made available to Users by CHRIS BIKE DIJON via the Site;
  • “Online Appointment Booking Service”: means the Online Appointment Booking Service for Professionals
  • made available to Users through the Site;
  • “Site”: means the website https://www.shop-chrisbikedijon.com ;
  • “User”: means any person who uses the Site and accesses the Services offered by CHRIS BIKE DIJON through the Site.

Unless otherwise indicated in the T&Cs:

  • Once a word or phrase has a definite meaning, any other form of that word or phrase has a corresponding meaning;
  • Words in the singular include the plural and vice versa;
  • A reference to a document, standard, legislative provision, code or any other document implies any modification or update of this document, standard, legislative provision or code;
  • If a period of time is specified and dates back to a particular day or the day of acceptance of the T&Cs, that period of time shall be calculated as including that day.
  1. ACCESS TO THE SITE

2.1. The Publisher undertakes to make its best efforts to ensure permanent access to the Site and its Services (24 hours a day, 7 days a week) as well as its operation.

However, the Publisher cannot be held responsible for the unavailability of the Site or of one of the Site's Services in the event of force majeure, and in particular in the event of:

  • Maintenance of the Site, including when the maintenance intervention is carried out by third parties;
  • Occurrence of an unforeseeable, insurmountable and external event;
  • Internet network failure.

2.2 The User is also informed of the risks inherent in the use of the Internet, and in particular in terms of lack of security in the transmission of data and unguaranteed continuity in access to the Site and the contents of the Site. Under no circumstances may the Publisher be held responsible for these risks and their consequences, which are detrimental, whatever their extent, for the User.

It is the responsibility of each User to take all appropriate measures to protect their own data, software and hardware from contamination by viruses or other forms of attacks that may circulate through the Site or the contents of the Site.

2.3 The transfer rates and response times of information circulating from the Site platform to the Internet are not guaranteed by the Publisher. The User acknowledges that the speed of transmission of information does not depend on the Services offered by the Publisher, but on the characteristics inherent to electronic communications networks and the technical characteristics of its connection method (cable, ADSL, 3G, 4G, etc.) and its Internet access.

2.4 The Publisher may not under any circumstances be held liable for any indirect damage suffered by the User when using the Services. Indirect damage is damage that does not result exclusively and directly from the failure of the Site's Services.

Furthermore, CHRIS BIKE DIJON cannot be held liable for acts carried out by the User or a third party using the Services.

Any software downloaded by the User, or otherwise obtained when using the Service, is done so at the User's own risk.

  1. CREATING AN ACCOUNT

3.1 Access to personal space

Access to certain services on the Site requires the creation of a personal account.

Creating an account involves providing personal information such as surname, first name and email address, which are subject to computer processing, as specified in article 7 of these T&Cs.

You are solely responsible for entering your data, the Publisher cannot be held responsible for any incorrect information. In the event that the User provides false, inaccurate, outdated, incomplete, misleading or deceptive information, the Publisher may, immediately without notice or compensation, suspend or terminate the User's User account and refuse access, temporarily or permanently, to all or part of the Services.

Creating an account also involves choosing a username and password. It is recommended to adopt a strong password (containing at least 8 characters including numbers, capital letters and special characters).

The username and password can be changed online by the User in their Personal Space.

The username and password are personal and confidential, the User therefore undertakes not to communicate them to third parties.

Any loss, misappropriation or unauthorized use of a User's Identifiers and their consequences are the sole responsibility of that User. In all cases mentioned above, the User is required to notify the Publisher, without delay, by electronic message, specifying his Identifiers, surname, first names to the following address: https://www.shop-chrisbikedijon.com , so that the Publisher can proceed to reset the User account.

3.2 Unsubscription

Each User may terminate the subscription to their User account at any time by contacting CHRIS BIKE DIJON by post at the following address: 3 rue de Tivoli, 21000 Dijon.

  1. INTELLECTUAL PROPERTY

The CHRIS BIKE DIJON Services and all the elements that compose them are, unless otherwise stated, the exclusive property of CHRIS BIKE DIJON. The brands, logos, signs and any other content of the site are protected by the Intellectual Property Code and more particularly by copyright.

Consequently, in application of the provisions of the Intellectual Property Code, the legislative and regulatory provisions of all countries and international conventions, any reproduction, distribution or representation, in whole or in part, of the CHRIS BIKE DIJON Services or of any element which composes them is prohibited, as is their alteration.

In this respect, the User is specifically prohibited from adapting, arranging, modifying, correcting, associating, translating into any language or languages, putting on the market free of charge or for a fee, marketing, all or part of the Services provided by CHRIS BIKE DIJON or any element that composes them, whatever the means and medium. No stipulation of the T&Cs may be interpreted as a transfer of intellectual property rights, whether tacitly or otherwise.

Any content posted online by the User is his/her sole responsibility. The User undertakes not to post content that could harm the interests of third parties. Any legal action brought by an injured third party against the site will be borne by the User.

  1. CONFIDENTIALITY

The Site allows the user to correspond with selected service providers via private messaging.

The Publisher ensures the confidentiality of this correspondence and does not take cognizance of it.

The user is informed that he can ask the Publisher to provide him with all possible files put online and all data resulting from the use of his account on the Site.

  1. PROTECTION OF MINORS

The registration of minors on the Site is subject to the condition of having previously obtained the express authorization of their parents (or holders of parental authority), for which they may be asked to provide proof at any time.

The authorization of parents (or those with parental authority) constitutes acceptance by them of these General Conditions of Use.

Parents (or those with parental authority) are responsible for monitoring the use of the Site by their minor child(ren).

  1. PERSONAL DATA

The user is informed that, when browsing the Site, personal data (names, first names, pseudonym indicated, postal address, e-mail address, IP address, telephone number, date of birth, etc.) may be requested via, in particular:

  • Creation of the personal account;
  • The contact form;

The information collected is recorded in a computerized file by the Publisher in its capacity as data controller. You authorize the Publisher to use your data for the following purposes:

  • Carry out operations relating to the management of persons registered on the Site;
  • Carry out operations relating to direct prospecting by the Publisher, for products, services and content offered on the Site, or similar.
  • Transmit to the Professional the information necessary for the organization and preparation of the User's appointment.
  • Allow the User to manage all of their appointments at any time via a secure personal account

Any other prospecting by the Publisher of the Site or any transfer to third parties (commercial partners, etc.) of this data will be subject to the prior express agreement of the User.

7.3 Retention of personal data

Personal data relating to Users will not be kept beyond the period strictly necessary for the management of the commercial relationship.

The data transmitted by Users on the Site and used for commercial prospecting purposes will be kept for a period of three (3) years from the end of the commercial relationship (unsubscription from the Newsletter and/or personal account).

7.4 The Publisher of the Site undertakes to take technical precautions in order to preserve the security of personal data and in particular to prevent them from being distorted, damaged or communicated to unauthorized third parties.

7.5 In accordance with Law No. 78-17 of 6 January 1978 relating to information technology, files and freedoms, the User has the right to access, modify, rectify and delete data concerning him/her. The User may exercise these rights by contacting the Publisher by post at the following address: CHRIS BIKE DIJON – 3 rue de Tivoli, 21000 Dijon

Your request must be accompanied by a photocopy of an identity document bearing your signature. Such a request will be processed as soon as possible and at the latest within 2 (two) months from your request.

7.6 Personal data of third parties

CHRIS BIKE DIJON Users, as part of the “ invite friends to the service ” functionality, may communicate the email addresses of third parties to CHRIS BIKE DIJON.

Users of https://www.shop-chrisbikedijon.com undertake by communicating these addresses to have obtained the explicit and informed consent of their owners. Consequently, the User releases the Publisher from any liability regarding the use of these emails in the context of sending an invitation on behalf of the User by email.

The Publisher undertakes not to use the email addresses of third parties for other uses.

  1. THIRD PARTY SITES

8.1 In the event that the Services contain hypertext links to websites published by third parties (hereinafter the “ Third Party Sites ”) over which the Publisher exercises no control, the latter assumes no responsibility for the content of the Third Party Sites or the content to which the Third Party Sites may refer.

8.2 The presence of hyperlinks to Third Party Sites does not imply that the Publisher approves in any way the contents of the Third Party Sites. The Publisher is not responsible for any modification or update concerning the Third Party Sites. It is not responsible for the transmission of information from the Third Party Sites, nor for their malfunction.

  1. RESPONSIBILITY

9.1 Partner professionals

The Site allows you to connect and make appointments with partner professionals.

The Publisher cannot be held responsible for the comments, images or any other element distributed by professional partners.

Under no circumstances can the Publisher be held liable for any delay, error or cancellation due to its partners, the latter acting only as an intermediary enabling a connection to be established.

Similarly, the User acknowledges that the Publisher's liability cannot be sought in any dispute between it and the partner arising within the framework of its consultancy or service provision activity.

In its capacity as an intermediary for establishing contact, and except in the event of fault on its part, the Publisher may also not be held liable for any damage suffered by the user in the context of its relationship with the partner service provider.

9.2 Responsibility of CHRIS BIKE DIJON

The sources of information disseminated on the site are deemed reliable. However, the site reserves the right not to guarantee the reliability of the sources. The information given on the site is for purely informative purposes. Thus, the User alone assumes full responsibility for the use of the information and contents of this site.

The User ensures that his password is kept secret. Any disclosure of the password, whatever its form, is prohibited.

The User assumes the risks associated with the use of his/her username and password. The site declines all responsibility.

Any use of the service by the User directly or indirectly resulting in damage must be subject to compensation for the benefit of the site.

An optimal guarantee of the security and confidentiality of the transmitted data is not ensured by the site. However, the site undertakes to implement all necessary means to best guarantee the security and confidentiality of the data.

  1. IP ADDRESS

At the request of the judicial authorities, the Publisher may transmit the User's IP address, so that the latter can be identified in cooperation with his Internet access provider.

  1. FORCE MAJEURE

The Parties expressly consider that there is force majeure when an event beyond the control of the debtor, which could not reasonably have been foreseen when accepting the T&Cs and the effects of which cannot be avoided by appropriate measures, prevents the debtor from fulfilling its obligation.

The case of force majeure suspends the obligations of the Party concerned for the time during which the force majeure will apply if this event is temporary. Nevertheless, the Parties will endeavour to minimise its consequences as far as possible.

Failing this, if the impediment is definitive, the Parties will be released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the Civil Code.

  1. EVIDENCE AGREEMENT

The Parties agree to consider messages received by fax or electronic means and more generally electronic documents exchanged between them, as original writings within the meaning of Article 1316-1 of the Civil Code, i.e. as having the same value as that given to the original. The Parties agree to keep faxes or electronic writings in such a way that they can constitute faithful and durable copies within the meaning of the former Article 1348 of the Civil Code.

  1. DURATION

The duration of this contract is indefinite. The contract takes effect with respect to the User from the use of the service.

  1. WAIVER

The fact that either Party does not avail itself of one or more provisions of the T&Cs may not under any circumstances imply that Party waives its right to avail itself of them subsequently.

  1. PARTIAL NULLITY

In the event that certain provisions of the T&Cs are inapplicable for any reason whatsoever, including due to an applicable law or regulation, the Parties shall remain bound by the other provisions of the T&Cs and shall endeavour to remedy the inapplicable clauses in the same spirit as that which prevailed at the time of conclusion.

  1. APPLICABLE LAW AND JURISDICTION

The T&Cs are subject to French law. Any disputes relating to the validity, application or interpretation of the T&Cs will be submitted, in the absence of an amicable agreement, to the Tribunal de Grande Instance de Paris, to which the Parties attribute territorial jurisdiction, regardless of the place of performance or the domicile of the defendant. This attribution of jurisdiction also applies in the event of summary proceedings, multiple defendants or third-party claims.

Last updated: September 1 , 2020

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