These General Terms & Conditions of Use (hereafter referred to as the “GTC”) set out the terms and conditions according to which Flocon de Nell provides Users (hereafter referred to as “Users”) with a service to consult and create a bespoke stay at its establishment (hereafter referred to as the “Service”). Use of this Service is subject to compliance with these terms and conditions. Internet users who wish to use the Service must first read these General Terms & Conditions of Use and agree to comply with them fully.
Owner: SAS FLOCON DE NELL
Share capital: 6000€
RCS: Paris 824 810 741
Publication manager: Lisa Konckier
Hosting company: UTH Paris
ARTICLE 1 – INTELLECTUAL PROPERTY
The presentation and each element, including brand names, logos and domain names, which appear on the website www.lecerfamoureux.com/en are protected by current intellectual Property legislation and belong to the company or authorization has been received for their use. No material from the site www.lecerfamoureux.com/en may be copied, reproduced, modified, republished, downloaded, distorted, passed on or distributed in any form whatsoever, on any medium whatsoever, in part or full, without prior written authorization from the company, with the exception of press use subject to compliance with intellectual property rights and any other property right that is mentioned. Any full or partial reproduction of this website, by any means whatsoever, without the express prior consent of the company, is forbidden and constitutes and an act of counterfeit resulting in criminal proceedings under the provisions of article L.335-2 and subsequent of the Intellectual Property Code. The company reserves the right to legally enforce any infringement of its intellectual property rights. The only authorized copies are for your personal, private and non-commercial use. The following wording must appear on all authorized copies of all or part of the Website’s content: “COPYRIGHT Flocon de Nell ALL RIGHTS RESERVED”. Authorized use of materials that make up or appear on the website must be done without distorting, modifying or altering them in any way.
ARTICLE 2 – GENERAL DESCRIPTION OF THE SERVICE
Flocon de Nell, via its website www.lecerfamoureux.com/en, enables anyone who so wishes, to consult the website and sign up to the newsletter. Users of this website acknowledge that they have the skills and means, in particular the technical means, required to use the website, and have checked their IT set-up to ensure that is contains no viruses and is in perfect working order. Users agree to check the set-up of their equipment to ensure it will do no harm to the service proposed by the company Flocon de Nell.
ARTICLE 3 – OBLIGATIONS OF WEBSITE USERS
Users are invited to notify Flocon de Nell in the event of a violation of these Terms & Conditions of Use using the contact form available on each page of the website, by clicking on the envelope on the navigation bar.
ARTICLE 5 – LIABILITY OF FLOCON DE NELL
The company Flocon de Nell is bound by an obligation of means with regards to these Terms & Conditions of Use and cannot under any circumstances be held liable for the indirect loss, harm or damage of any kind arising from the management, use or operation of the service, from an interruption to the service or if the service operates incorrectly.
ARTICLE 6 – FORCE MAJEURE
The company Flocon de Nell cannot be held liable, or be considered liable or seen as failed to fulfil the present conditions, for delays or non-performance in the event of force majeure as defined by the jurisprudence of the French courts including interruption to, suspension of, reduction of the electricity supply or similar, or interruptions to telecommunications networks. However, Users are deemed to be aware that suppliers of telecommunications equipment, software and infrastructure used in these fields under no circumstances offer an absolute guarantee that the service will operate correctly. As a user of technologies and infrastructures developed by third parties, Flocon de Nell cannot guarantee that its service will remain uninterrupted, and without delay, especially in the event of a “bug” or product update. Furthermore, the company Flocon de Nell reserves the right to modify the content of the website www.lecerfamoureux.com/en as it deems appropriate, at any time and without giving prior notice. Flocon de Nell reserves the option of making the Website or the Services temporarily unavailable for maintenance or updates.
ARTICLE 7 – DATA & CONFIDENTIALITY
In compliance with the Law of 6 January 1978 relating to information technology and data privacy, the automated processing of personal data carried out on the website www.lecerfamoureux.com/en is subject to a declaration made to the Commission Nationale de l’Informatique et des Libertés (CNIL), the French Data Protection Commission. In accordance with law n° 78-17 of 6 January 1978, users can at any time have access to the personal data held about them by Flocon de Nell, and ask for the data to be modified or deleted. Therefore, according to articles 36, 39 and 40 of the Data Protection Act, users can ask for their data to be corrected, completed, clarified, updated or deleted when it is inaccurate, incomplete, ambiguous, out-of-date or when the way it is collected, use, communicated or stored is prohibited. Upon closure of the account and for use as evidence, User data may be confidentially stored and archived by Flocon de Nell, in accordance with current legislation.
In order to improve the quality of its service and to better serve its Users, Flocon de Nell may collect personal data about Users, in particular via the use of digital markers (cookies). By continuing to browse the website www.lecerfamoureux.com/en, web users give their consent. Web users have the option to decline them. As provided for by law, this consent is valid for a maximum of 13 months.
Since 25 May 2018, Flocon de Nell is no longer required to declare the website www.lecerfamoureux.com/en to the CNIL. However, personal data is collected via the website www.lecerfamoureux.com/en in order to create a file of the aforementioned data. Therefore in accordance with the law, our files are declared to the CNIL.
ARTICLE 8 – COOPERATION WITH GOVERNMENT AUTHORITIES
Flocon de Nell is legally bound to cooperate with the authorities, when they want to carry out checks relating to the content or the identity of Users of the service, and complies with this. Users of the service are deemed to be aware of the fact that the company Flocon de Nell can be released from its professional secrecy as set out in article 6 of the law of 21 June 2004, and agree to this. There is no general obligation for the company Flocon de Nell to either monitor the information it stores or to search for facts or circumstances that indicate illegal activity. However, the company Flocon de Nell is expected to inform the relevant government authorities of clearly illegal activity or information of which it becomes aware while operating its business. Flocon de Nell is bound to be in possession of and store data that could identify persons who contributed to the creation of content on its services.
ARTICLE 9 – MODIFICATIONS AND COMPETENT COURTS
These General Terms & Conditions of Use are subject to French law and the French language. Users of the website www.lecerfamoureux.com/en accept that disputes or complaints relating to how this service operates will be dealt with by Flocon de Nell’s competent court. These General Terms & Conditions are subject to change by Flocon de Nell at any time, in particular in the event of technical, legal or jurisprudential changes or when implementing new services. Users must regularly check these General Terms & Conditions and agree to stop using the service with immediate effect if in disagreement with them, as Users agree to accept these General Terms & Conditions of Use in full. Use of the service implies that Users accept all of the stipulations set out in these General Terms & Conditions and all of the modifications that may be made to them by Flocon de Nell. In the event of a dispute or complaint on the part of a user, Flocon de Nell or a third party relating to the use of the service, the version of these General Terms & Conditions of Use available on the website www.lecerfamoureux.com/en will be the only one that is binding between the parties, regardless of the dates of the disputed facts. If an amicable agreement cannot be reached, all disputes that may arise between the parties regarding the creation, performance, interpretation or termination-cancellation of the contract come under the exclusive competence of the Tribunal de Grande Instance (regional court) in the place of the company Flocon de Nell’s registered office, including in the event of summary proceedings, motions or multiple defendants.