LEGAL NOTICE AND GENERAL CONDITIONS OF USE OF THE MARY COHR WEBSITE
APPLICABLE ON MARCH 29, 2023
REQUIREMENTS
MARY COHR SAS welcomes you to its website Mary Cohr
The user confirms that he/she has read, understood and accepted the entire legal notice and general conditions of use (hereinafter referred to as "General Conditions of Use" or "GCU") before using the site and undertakes to respect them. In the case of minor users, their parents or guardians are deemed to have accepted these terms and conditions on their behalf.
1. IDENTIFICATION
This website, is published by MARY COHR SAS, a simplified joint stock company with a capital of 3,000,000 euros (€), whose registered office is located at 120, avenue Charles de Gaulle, 92200 NEUILLY-SUR-SEINE, registered with the NANTERRE Trade and Companies Registry under number 312 246 762 (hereinafter "MARY COHR").
The Director of Publication of the Site is Mr. Jean-Daniel Mondin, in his capacity as PRESIDENT.
The Site was designed and produced by the company MARY COHR. The website is the exclusive property of MARY COHR
The website is hosted by OVH SAS, a company whose head office is located at 2, rue Kellermann - 59100 Roubaix - France, registered in the Lille Metropole Trade and Companies Register under number 424 761 419.
2. GENERAL INFORMATION - PRESENTATION AND CONTENT OF THE SITE
Access to the Site, its use and its content are subject to the present General Terms of Use. Any access and continued browsing of the Site entails the express and unreserved acceptance of all of these Terms of Use by the person visiting and/or using the Site (hereafter the "User").
The version of these Terms of Use currently online is the only one that can be enforced during the entire period of use of the Site and until a new version replaces it. The Terms and Conditions of Use may be modified at any time and without notice by MARY COHR. The Terms and Conditions of Use are deemed to be accepted without reservation when you connect to the Site.
The information, data, content and features on the Site are provided for information purposes only and may be revised at any time without notice. MARY COHR is entitled, without prior notice to the User, to make any changes it deems useful.
MARY COHR does not guarantee in any way that the content, data and information accessible on the Site are accurate, precise, exhaustive or up-to-date. MARY COHR also reserves the right, without prior notice to the User, to modify or improve, suspend or delete existing features or to add new features.
Access to and use of the Site is for strictly personal use only. The User agrees not to use the Site and the information or data contained therein for commercial, political or advertising purposes or for any form of commercial solicitation.
Users are not authorized to create a hypertext link to the Site and/or any page of the Site and/or any file contained therein without the prior written consent of MARY COHR. In this case, MARY COHR cannot be held responsible for the content of third-party websites presenting such a hyperlink. MARY COHR reserves the right to request the removal of any link that it considers to be inconsistent with the purpose of its site.
3. CREATION OF A PROFESSIONAL ACCOUNT
By creating an account in our space reserved for professionals, you agree that we may collect, use and disclose your personal data for purposes related to your request. The information collected is subject to computer processing intended to facilitate contact between you and MARY COHR.
4. INTELLECTUAL PROPERTY
MARY COHR is the sole owner of all intellectual property rights relating to the Site (such as, in particular, all its content, models and functions, its general structure, software, texts, animated or still images, sounds, video sequences, know-how, creations, drawings, illustrations, logos, graphic elements, trademarks and other distinctive signs, presentations, articles, files available for downloading, etc.) and, more generally, all elements reproduced on the Site. and, more generally, all elements reproduced or used on the Site) and to any document or element generated by the use of the Site or has, where applicable, validly acquired the rights for such exploitation.
The User has an individual and private, non-exclusive and non-transferable right of use. The representation, reproduction or use in any way whatsoever of all or part of the Site and/or its elements or contents, by any process and in any form whatsoever, as well as any use of the Site for purposes other than its strictly individual and private consultation, without the express prior authorization of MARY COHR, is prohibited and constitutes an infringement punishable by the Intellectual Property Code and/or an offence that may incur the civil and criminal liability of its author. The General Terms of Use do not imply any transfer or license of any intellectual property right to the User other than the right to use the Site in accordance with all the provisions of the General Terms of Use.
MARY COHR's failure to take legal action upon becoming aware of unauthorized use does not constitute acceptance of such use and waiver of legal action.
5. HYPERTEXT LINKS
It is possible to create a link to the presentation page of this Site without express authorization from MARY COHR, provided that this Site is displayed in a new browser window and that - Mention the source, which will point directly to the content in question by means of a hypertext link. - Use the information only for personal, associative or professional purposes. Any use for commercial or advertising purposes is excluded, except with prior written consent from MARY COHR. - The website linking to the content of this Site must not disseminate information of a controversial, pornographic or xenophobic nature or which may, to a greater extent, undermine the integrity of MARY COHR. Thus, MARY COHR reserves the right to request the removal of a link that it considers not to be in line with the purpose of its Site. MARY COHR cannot be held responsible for the layout or content appearing on or obtained through these sites.
6. ACCESS TO THE SITE
To access the Site, the User must have Internet access. MARY COHR undertakes to use all reasonable endeavors to ensure that the Site is accessible to Users at all times, except during maintenance periods or for any other reason beyond MARY COHR's control. MARY COHR does not guarantee uninterrupted access to the Site. Access to the Site may be slowed or temporarily interrupted. MARY COHR may at any time suspend, interrupt or limit access to all or part of the Website, restrict access to the Website, or to certain parts of the Website, to a specific category of Internet user, for technical reasons, due to a failure or disruption of telecommunications systems beyond MARY COHR's control or due to necessities related to the service and in particular in order to ensure maintenance of MARY COHR's servers, maintenance and updating of the Website, etc., or when MARY COHR notes that there is a problem with the Website. or when MARY COHR becomes aware of a security breach that could seriously compromise the security of MARY COHR's data and/or server. MARY COHR cannot be held liable for this.
MARY COHR cannot be held liable for any failure, breakdown, difficulty, slowdown or interruption in operation, preventing access to the Site or to any of its functions and does not guarantee uninterrupted access to the Site.
7. PERSONAL DATA
The data and information that the User transmits to MARY COHR, in particular by browsing the Website or in any form, include personal data, the collection and processing of which by MARY COHR are presented in the personal data processing policy accessible on the Website (hereinafter the "Policy"). By accessing and continuing to browse the Site, the User declares that he/she has read the Policy.
It can be consulted by clicking on the following link: Protection of personal data
In accordance with the General Data Protection Regulation, the User has, subject to compliance with the legal obligations imposed on MARY COHR in the context of its activity, the right to access, limit, delete, modify and rectify information concerning him/her; he/she also has the right to oppose the processing of his/her personal data. To exercise these rights, the User must send his request to the following address: dpo@MARY COHR.com or the address of the head office indicated above.
8. TRACKING FILES (COOKIES)
When a User visits the Site, a "Cookie Management" banner warns him/her of the presence of cookies and invites him/her to accept or refuse them, cookie by cookie. A cookie is a small text file deposited on the User's terminal (notably computer, smartphone or tablet) when visiting a website. It allows the browser to be identified during your visit and thus retain some of your information. To learn more about the use of these cookies, we invite you to consult our Policy.
9. THIRD PARTY WEBSITES
The Site may contain promotional and non-promotional links to third party websites and social networking sites that are not owned or controlled by MARY COHR. These links are provided solely for the convenience of the user of this Site. They are activated under the sole responsibility of the User. MARY COHR shall not be held liable for any material, immaterial or moral prejudice, direct or indirect, for any reason whatsoever, resulting from the activation of the hypertext links available on the Site.
The existence of a link to or from the Site does not constitute validation of the third-party site or its content by MARY COHR. MARY COHR assumes no responsibility for the content, offerings or other materials available, privacy policies or practices of third-party websites and shall not be responsible for any problems encountered on any other sites to which links are established, or for any information published on such sites, nor for the consequences of their use. By using the Site, the User agrees that MARY COHR shall not be liable for any use of third-party websites and third-party social networks. By clicking on a link to a third-party website, the User understands that he/she is leaving the Site governed by these Terms and Conditions of Use and agrees that MARY COHR does not control these third-party websites. In particular, MARY COHR cannot guarantee that a third-party site adheres to the same security and privacy practices as those of MARY COHR. Therefore, MARY COHR cannot be held responsible for the use that may be made of Users' personal data by these sites. MARY COHR recommends checking the privacy charters of all service providers that Users use.
In addition, the Site may promote certain third-party products and/or services by inserting advertising banners or any other advertising or promotional element and may also carry out cross-marketing operations with any partner of its choice. MARY COHR is not responsible for the third-party products or services thus promoted. The establishment of such links or the reference to any information, articles or services provided by a third party cannot and must not be interpreted as an express or tacit endorsement by MARY COHR of these sites and elements or of their content.
10. LIMITATION OF LIABILITY - USER'S OBLIGATIONS MARY COHR shall in no event be liable to any person for any direct or indirect damage to the User, third parties and/or the User's equipment, including without limitation, viruses, computer defects or malfunctions, fraudulent intrusion by a third party, loss of goodwill or profits, revenue, opportunity, data, any errors, omissions, losses or delays, whether the damage is caused by, in connection with, or as a result of the use of the Site or any content or other material accessed or downloaded from the Site. MARY COHR does not warrant in any way that the Site is free of malicious computer code, including but not limited to computer viruses. MARY COHR shall not be liable for any damage or loss of data caused by malicious computer code.
The User is solely responsible for its use of the Site, all of its features and all data and information it communicates or transmits on the Site and for any other action it takes on the Site and, in particular, when filling out any online form.
User warrants to MARY COHR that its activity on and through the Website will not violate any applicable law or regulation, and MARY COHR shall not be liable for any activity of User on or through the Website and/or for any direct or indirect damages arising from User's use of the Website and all of its data.
User shall hold MARY COHR harmless against any claims or actions by third parties in this regard.
The User acknowledges and agrees that MARY COHR has no obligation to monitor or control the data and information transmitted by the User on the Website.
The User undertakes not to, directly or indirectly, denigrate the Site and/or the services of MARY COHR as well as MARY COHR on social networks and any other means of communication. It is the responsibility of each User to take all measures to ensure the protection of data and software stored on his or her computer, in particular against contamination by viruses or spyware that could be introduced by third parties via the Internet.
The User acknowledges that data circulating on the Internet is not protected against possible misappropriation. The communication of any information deemed by the User to be of a sensitive or confidential nature is done at his/her own risk.
The User declares that he/she accepts the characteristics and limits of the Internet, and in particular acknowledges that MARY COHR assumes no responsibility for the services accessible via the Internet and exercises no control whatsoever over the nature and characteristics of the data that may pass through its server center.
The User undertakes to use the services of the Site as well as all the information to which he/she may have access only for purposes that comply with public order, good morals and the rights of third parties. The User acknowledges in particular that the data circulating on the Internet may be regulated in terms of use or be protected by property rights.
The User is solely responsible for the use of the data he consults, queries and transfers on the Internet.
The User undertakes not to commit any act that could jeopardize the computer security of the Site or the computer systems of other users.
The User agrees not to interfere with or interrupt the normal operation of the Site. Any content downloaded is done at the User's own risk and under the User's sole responsibility. Consequently, MARY COHR cannot be held responsible for any damage to the User's computer or any loss of data resulting from downloading. Access to the Site may require the use of personal access codes. These means of authentication are personal and confidential. You must keep them secret and you may of course change them at any time. MARY COHR reserves the right to take legal action against any offending User in order to obtain compensation for the damage caused.
Any guarantee of quality or suitability for a specific purpose is expressly excluded.
The User is fully aware of the provisions of this article and in particular of the aforementioned limitations of liability, which are essential conditions of these general conditions of use.
11. APPLICABLE LAW - DISPUTES
The law applicable to the General Conditions of Use is French law. They are written in French. In the event that they are translated into one or more languages, only the French text shall be deemed authentic in the event of a dispute. Any claim or dispute arising from the validity, interpretation or execution of the General Conditions of Use shall be submitted to the competent courts of the jurisdiction of the Court of Appeal of Paris, under the conditions of common law.
Disputes The present conditions are governed by French law. Any dispute or litigation that may arise from the interpretation or execution of these conditions, and which could not be resolved amicably, will be submitted to the competent courts. The reference language for the settlement of any disputes is French.
Consumer mediation The consumer is informed of the possibility of resorting to consumer mediation for disputes that may arise concerning the sale of our products. You have in your capacity of consumer and this, in accordance with the article L612-1 and following of the Code of consumption, of a right of recourse near the CMAP to the following address email: consommation@cmap.fr or by postal way:
CMAP, Service Médiation de la consommation 39 avenue Franklin D. Roosevelt 75008 Paris
Any consumer referring to CMAP must first be able to prove that he has tried to resolve his dispute directly with our company MARY COHR.
12. MODIFICATIONS
These notices may be modified at any time by MARY COHR, in particular to comply with any changes in French and European legislation and regulations.