1. General Remarks
2. Use of the Site and its Services
You must be of legal age in your country of residence to be authorized to use the Site. You agree not to exchange, modify, copy, reproduce, publish, post, transmit, distribute, on-screen display, perform, transfer or sell posts, messages, texts, files, images, pictures, videos, sounds or any other element (the « Content ») from the Site, including but not limited to any text, image, audio or video, for any purpose whatsoever. You agree not to interrupt or attempt to interrupt the operation of the Site or any services offered through the Site in any way. In accordance with the present ToU Maison Fabre grants You a worldwide, non-exclusive, non-transferable, non-sellable and limited right to access, display and use the Site. You agree not to upload, post or transmit, through the Site or any of the Services, any materials which:
i) restrict or interrupt access to the Site and/or the Services by another individual;
ii) are fraudulent, unlawful, prejudicial, threatening, abusive, tortious, defamatory, obscene, hateful, harassing, or violate the privacy of others;
iii) constitute or encourage conduct that could lead to criminal prosecution, give rise to civil liability or would otherwise constitute infringement of any applicable law;
iv) violate or infringe the rights of a third party, including, without limitation, patent, trademark, trade secret, copyright, or any other proprietary or personality rights;
v) contain a virus, a malware, a software whose purpose is to index the Site’s Content, data exploration process, robots, spiders or devices for data collection and extraction tools or any similar harmful component, or
vi) are promotional unsolicited or unauthorized advertising content such as spam, chain letters, pyramid schemes or any other form of solicitation.
Notwithstanding the above limitations, a limited exception is granted to Internet search engines for general and non-commercial public archives that use tools to collect information for the sole purpose of displaying hyperlinks to the Site, provided that each of them proceed so from a fixed IP address or range of IP addresses using an easily identifiable agent.
3.1. General Services
The purpose of the Site is to display and sell through an online store Maison Fabre products. Sale of products is governed by the ToU and by Maison Fabre Terms of Sale («ToS ») available through the following link: TOS. Please note that although the Site is available worldwide, purchase of products through the Site is restricted to consumers domiciled in the territories specified in the ToS, which you must read before placing an order on the Site. Maison may, temporarily or permanently and in its sole discretion, implement new Services such as newsletters, emails, instant messaging, blogs, discussion forums or other services on or through the Site.
3.2. Chat Service
- The right of reproduction of the content on all multimedia, paper, film, optical disc format, etc. and in all forms within the graphic arts, allowed by all technical processes and by any mode of treatment (analogue, digital, ...) to end-user devices such as computers, mobile phones, digital tablets, etc., in all types of formats, particularly the right to store, archive and host it on the servers used by Maison Fabre in all types of formats;
- The right of representation of the content to the public by any means of distribution and all communication networks, including such as Internet, intranet, WAP , I-Mode, press, microwave, cable, telematics, and / or digital downloads etc.;
- The right of adaptation of the content, in any format and framing, all illustrated with captions, text and comments, or the right to modify them, for reasons including graphics, format, clarity and / or colour, can be imposed by particular modes of operation mentioned above.
This license is valid in any language, for the world and for the duration of protection provided in the content to its beneficiaries, according to French law and applicable international conventions. You agree that You will not receive any remuneration for these publications. YOU WARRANT EXPRESSLY THAT THE CONTENT YOU WILL POST ON THE SITE IS ORIGINAL AND YOURS, THAT IT DOES NOT INFRINGE ANY INTELLECTUAL PROPERTY RIGHT NOR HARM ANY RIGHT OF PRIVACY OR THIRD PARTY’S RIGHT.
4. Modification, suspension or termination of Services
Maison Fabre reserves the right, without prior notice and in its sole discretion, to partially or fully cancel or restrict Your right to access or use the Site and/or to modify or terminate any Service. You understand and agree that Maison Fabre may do so without any liability whatsoever.
5. User account
You may register on the Site to obtain a personal account ( a “User Account”). Your User Account allows You to obtain the following benefits:
Speed up the payment process of Your purchases
Check the status of Your orders
Review Your previous orders
Modify Your account information
Change Your password
Add alternative delivery addresses (for your family and friends)
Sign up for Maison Fabre’s newsletters
If you have forgotten your password, Maison Fabre may send You a new one through a secured Internet connection to the e-mail address You provided when You registered. You may then log in again to Your user account in order to change Your password.
Upon registration, You agree and undertake:
i) to provide only true, current, complete and accurate information, as requested in the registration form or any other forms from the Site;
ii) to maintain and update the information provided to Maison Fabre;
iii) to maintain the confidentiality of Your username and password, and
iv) to accept full liability with respect to any activity related to the use of Your username and password.
You are responsible for any loss, expense, damage and any additional costs resulting from the disclosure of false, incorrect or incomplete information from You, or Your failure to update the information provided at time of registration or at any other time during Your use of the Site and/or of its Services.
6. Content of the Site
Maison Fabre undertakes to provide adequate descriptions and visual representations of the products presented on the Site. Maison Fabre does however not warrant that the information or graphics contained on the Site or that are accessible through the Services would be at any time reliable, accurate, up-to-date, useful or comprehensive.
7. Intellectual Property
All Content and, more generally, all items posted on or available through the Site (texts, images, sounds, etc., excluding the content provided by the users), are the exclusive property of Maison Fabre or used by Maison Fabre with the copyright or trademark right holder’s express authorization or license. These elements shall not be reproduced, used or represented without the express authorization of Maison Fabre or third-party owner. You acknowledge and agree that any infringement of copyright, trademark or any other intellectual property right may give a rise to civil liability and/or criminal prosecution.
8. Links to third-party websites
Creation or continued operation of a link to the Site can only be made with the prior written consent of Maison Fabre. However, Maison Fabre may, without prior notice and in its sole discretion, temporarily or permanently, at any time, revoke any such authorization without any liability whatsoever for such revocation. The Site may contain links to other websites or may itself be accessible through links from other websites. Maison Fabre provides and allows those links for Your convenience only and is not liable for the content of any websites linked to or from the Site. The integration of links to the Site does not indicate that Maison Fabre approves of, endorses, sponsors or recommends those websites. Thus, Maison Fabre disclaims any and all warranties, express or implied, regarding the accuracy, lawfulness, reliability or validity of any content on any other website.
9. Security of electronic data transfer
Maison Fabre strives to maintain at all times the highest standards of security. However, no Internet data transmission may be considered completely safe and private. You understand that any message or information that You send to the Site or through the Services may be read or intercepted by others. Sending an email to Maison Fabre shall not create any reciprocal obligation or responsibility of Maison Fabre towards You.
11. Limitation of liability
UNDER NO CIRCUMSTANCES SHALL MAISON FABRE, ITS AGENTS, STAFF AND DIRECTORS BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OF THE SITE AND THE SERVICES AND / OR RESULTING FROM THE BEHAVIOR OF OTHER USERS. IN PARTICULAR, MAISON FABRE SHALL NOT BE LIABLE FOR DAMAGE RESULTING FROM TECHNICAL, TECHNOLOGICAL OR OTHER ISSUES, ARISING FROM YOUR USE OF THE SERVICES.
12. Invalidity and severability
If any provision of the ToU is found to be void, invalid or unenforceable by a competent court for any reason whatsoever, such provision shall be enforced to the fullest extent possible to reflect the parties’ intent. This shall not affect the validity and enforceability of any remaining provision of the ToU, which shall remain in full force and effect.
13. Governing law and jurisdiction
Any contract or agreement with Maison Fabre is governed and construed in accordance with the laws of France, without application of their conflict of laws rules. Any dispute, claim or controversy arising directly or indirectly from the conclusion, interpretation or performance of any contract with Maison Fabre shall be subject to the exclusive jurisdiction of the Courts of Rodez, France.