Terms of Service

 

Gnilane Beauté is a web platform, accessible at the address www.gnilanebeauté.com (the "Site") operated by Univ'lab, a limited liability company with a share capital of 10,000 euros having its registered office at 2, rue du Gramenier in Le Rove (13740), registered in the Aix-en-Provence trade and companies register under the identification number 880 336 524 whose intra-community VAT number is FR90880336524 (the "Company"). Said platform is dedicated to the sale of cosmetic products.

 

The purpose of these General Conditions of Use (the “Conditions” or taken as a whole, the “Agreement”) is to define the terms and conditions governing the relationship between Users and the Company. These Conditions constitute a contractual agreement for an indefinite period from the acceptance by the User of this Contract.

The User undertakes during each of his visits to the Site to respect all of these Conditions without any reservation. Consequently, the User acknowledges having read the Conditions and agrees to be bound by these provisions. If the User accesses the Site on behalf of a company or any other legal entity, he is nevertheless personally bound by this Agreement.

 

Preliminary article – Definitions and rules of interpretation

0.1.         Definitions

Unless defined in other sections of this Agreement, capitalized terms and expressions used below have the following meaning:

 

• “Item(s)” means any item offered for sale on the Site by the Company;

• “Condition(s)” has the meaning attributed to it in the prior description;

• "Contract" has the meaning attributed to it in the prior presentation;

• “Service(s)” means the service(s) offered by the Company on the Site as referred to in Article 2;

• "Company" has the meaning attributed to it in the prior presentation;

• "Site" has the meaning attributed to it in the prior presentation; And

 

• "User" means any natural or legal person using the Site.

 

0.2.         Rules of interpretation

The rules set out below apply to the interpretation of this Agreement:

1. the titles of the articles and the annexes are included for convenience and in no way affect the interpretation of any of the stipulations of this Agreement;

 

1. the use of the expressions “including”, “in particular”, or “in particular” implies that the enumeration which follows them is not limiting or exhaustive;

 

1. the term “or” is not exclusive;

 

1. the definition attributed to a singular term also applies to this term when it is used in the plural and vice versa. The same applies to the use of the masculine or feminine gender;

 

1. the counting of time limits expressed in days, months or years must be made in accordance with the provisions of Articles 640 to 642 of the Code of Civil Procedure;

 

1. any reference to a party includes a reference to its heirs, successors and assigns; And

 

1. any reference to a document means that document as it may be modified or superseded (other than in violation of the terms of this Agreement).

 

Article 1 – Eligibility for Services – Account Creation

1.1.         Eligibility for Services

To be eligible for the Services, the User must be a natural person who has reached the age of 18 and has full legal capacity. The use of the Services is limited to personal needs only, excluding any professional use.

1.2.         Account creation

The creation of a member account on the Site is a mandatory prerequisite for the use of the Services. It implies completing the registration form, available on the Site, providing accurate, up-to-date and complete information. This information must subsequently be regularly updated by the User in order to preserve its accuracy. 

The User must have a valid email and a password.

User account access codes are strictly confidential. In the event of unauthorized use of his account or any breach of the confidentiality and security of his means of identification, the User must, without delay, inform the Company.

Each User undertakes to create only one account corresponding to his profile.

 

Article 2 – The Services

On the Site, several services are offered to Users (the “Service(s)”), including in particular the purchase of Items.

The general conditions of sale of the Articles appearhere. The User is required to be fully aware of it before placing any order.

 

Article 3 – Use of the Site

3.1.         Right of access to the Site

The Company, according to these Conditions, grants Users a revocable, non-exclusive, non-transferable limited right of access to the Services and the Site on a strictly personal basis. Any use of the Site contrary to its purpose is strictly prohibited and constitutes a breach of these provisions.

The use of the Site, web or mobile, requires a connection and an internet browser. In order to guarantee the proper functioning of the Site, it is specified that the Site is optimized for:

• a screen resolution of 1200x768px  ; And

• the latest versions of Edge, Chrome, Firefox and Safari browsers.

All hardware and software necessary for access to the Site and use of the Services remain exclusively the responsibility of the User.

The Company reserves the right to suspend, modify, replace, refuse access or delete User accounts at its discretion.

3.2.         User Obligations

Users are prohibited:

1.     to transmit, publish, distribute, record or destroy any material, in particular the contents of the Site, in violation of the laws or regulations in force concerning the collection, processing or transfer of personal information;

2.    to create fictitious profiles;

3.     to provide inaccurate information in the form or not to update it regularly;

4.     to disseminate data, information, or content of a defamatory, abusive, obscene, offensive, violent or inciting nature, or of a political, racist or xenophobic nature and in general any content that would be contrary to the laws and regulations in force or good morals;

5.     to reference or create links to any content or information available from the Company's sites, except with the express, written and prior agreement of the Company;

6.    to obtain passwords or personal identification data from other Users;

7.     to use information, content or any data present on the Site in order to offer a service considered, at the sole discretion of the Company, to be competitive with the Site;

8.     to sell, exchange or monetize information, content or any data present on the Site or service offered by the Site, without the express written consent of the Company;

9.     reverse engineer, decompile, disassemble, decipher or otherwise attempt to obtain the source code in connection with any underlying intellectual property used to provide all or part of the Services;

10.   to use manual or automatic software or devices, coding robots or other means to access, explore, extract or index any page of the Site;

11.   endanger or attempt to endanger the security of a Company website. This includes attempts to monitor, scan or test the vulnerability of a system or network or to breach security or authentication measures without express prior authorization;

12.   counterfeit or use the products, logos, brands or any other element protected by the intellectual property rights of the Company;

13.   to simulate the appearance or operation of the Site, for example by applying a mirror effect;

14.   disrupt or disturb, directly or indirectly, the Site or the Services, or impose a disproportionate load on the Site's infrastructure or attempt to transmit or activate computer viruses through or on the Site.

It is recalled that breaches of system or network security may lead to civil and criminal prosecution. The Company verifies the absence of such a violation and may appeal to the judicial authorities to prosecute, if necessary, Users who have participated in such violations.

Users undertake to use the Site fairly, in accordance with its purpose and the legal and regulatory provisions, these Conditions and the practices in force.

 

Article 4 – Use of the content of the Site

 

All content of the Site, including designs, text, graphics, images, videos, information, logos, icon-buttons, software, audio files and others belongs to the Company, which is the sole holder of all rights of related intellectual property.

Any representation and/or reproduction and/or partial or total exploitation of the contents and services offered by the Company, by any process whatsoever, without the prior written authorization of the Company, is strictly prohibited and could give rise to lawsuits.

 

Article 5 – Personal data

5.1.         Data collected

In order to allow any User to take full advantage of the Services and functionalities of the Site, the Company collects various data. It is recalled that by registering on the Site, the User expressly accepts that this data is collected, regardless of the country from which he connects.

This data is collected at different times and using various methods:

• When registering on the Site: surname, first name, email address;

 

• When placing an order for Items;

 

• Log files and internet protocol (IP) address: The Company receives with each connection to the Site, the link of the site from which the User arrived and the one to which he goes when he leaves the Site. The Company also receives the Internet Protocol (IP) address of the User or certain information relating to the operating system of his computer or his Internet browser;

 

• Cookies: The Company uses cookie files which can be defined as text files that can be saved in a terminal when consulting an online service with browser software. A cookie file allows its issuer, during its period of validity not exceeding 13 months, to recognize the terminal concerned each time this terminal accesses digital content containing cookies from the same issuer. It is nevertheless possible to deactivate the use of cookies by modifying the preferences of the User in his internet browser. In this case, certain features of the Site may no longer work.

 

5.2.         Retention of collected data

Personal data is stored by the Company on its servers, for processing in the context of the use of the Services. They are kept for as long as necessary for the provision of the Services and functions offered by the Site. Consequently, as long as a User has a member account, the data collected will be retained. In the event of unsubscription from the Site, the data collected will be erased by the Company and only kept as an archive for the purpose of establishing proof of a right or a contract which may be archived in accordance with the provisions of the Code of commerce relating to the retention period of books and documents created during commercial activities and the consumer code relating to the retention of contracts concluded electronically.

The User always remains the owner of the information concerning him that he transmits to the Company. He has, in accordance with law n ° 78-17 of January 6, 1978 modified by law n ° 2018-493 of June 20, 2018, a right of access, rectification and deletion of personal data concerning him, as well as the right to oppose the communication of this data to third parties for valid reasons.

The User may exercise his rights by writing to the following email address: contact@gnilanebeaute.com or to the following postal address: Univ’lab – 3 Avenue Paul Chêne local 3 (13180) Gignac-la-Nerthe.

A response to the User's request will be sent to him within 30 days.

 

5.3.         Purposes of collecting the data collected

Personal data is collected from Users in order (i) to allow the User to take full advantage of the Services and functions offered by the Site, (ii) to prevent any fraud, (iii) for statistical purposes and/or ( iv) sending commercial newsletters.

The User has the option of unsubscribing from the Company's newsletter at any time by completing the form provided for this purpose in said newsletter.

This data may be communicated by the Company to any third party responsible for the execution, processing and management of the Services.

However, in different cases, the Company may disclose or share a User's personal data to any other third parties, including:

• with the consent of the User;

• in order to comply with the law, the regulations in force, with any legal procedure, with the judgments of justice or any other case of mandatory disclosure; Or

• to protect the rights, property, or safety of the Site, its members, or the public.

 

Article 6 – Liability

6.1.         Use of the Site

The role of the Company is limited to the technical provision of Services to Users.

The User is solely responsible for the consequences of using the Site.

The User is required to ensure that the use he makes of the Site complies with the legal and regulatory provisions as well as the General Conditions. The Company gives no guarantee to the User as to the conformity of the use of the Site, which he makes or plans to make, with national or international legal and regulatory provisions.

The User is warned of technical hazards and interruptions of access that may occur on the Site. Consequently, the Company cannot be held responsible for the unavailability or slowdown of the Services.

All information, advice and guides and any other data displayed on the Site are not intended to constitute advice on the basis of which a decision could be made by the User.

The User must not in any case take for granted the said information and data of the Site but must independently verify all this information and data by himself. The Company cannot therefore be held responsible for the consequences of the use of the data and information displayed on the Site.

6.2.         Data

The Company has no general obligation to monitor data and content imported by Users, nor an obligation to delete content that does not appear manifestly illegal, notwithstanding its reporting.

The User undertakes not to enter content likely to undermine public order or morality, to provoke protests from third parties, or to contravene the legal provisions in force.

Consequently, it is expressly agreed that in the event that the Company is challenged, in any capacity whatsoever, in any country whatsoever, by a third party on the basis in particular of an industrial property right and/ or intellectual property relating to an element provided by a User, this User undertakes to fully indemnify the Company against the direct and/or indirect economic and financial consequences (including legal and defense costs) which would result from these claims.

It is recalled that the data published by the Users and the information shared by the latter may be captured and used by other Users or third parties. In this sense, the Company does not guarantee respect for the ownership of this data, it is the responsibility of the User to take all the necessary measures to preserve the ownership of their data.

The User must ensure that the data is sent to the Site and cannot reproach the Company on any basis and in any capacity whatsoever for the non-receipt or loss of the data transmitted. The User will then make sure to keep a backup of the data transmitted.

6.3.         General provisions

In any event, the Company cannot under any circumstances be liable for indirect or unforeseeable losses or damages of Users or third parties, which includes in particular any lost profit, inaccuracy or corruption of files or data or loss of opportunity related in any capacity and on any basis whatsoever to this Agreement.

The Company cannot be held responsible for the delay or non-performance of this Contract justified by a case of force majeure, as defined by the case law of the French courts and tribunals.

 

Article 7 – Termination - Modification of Services

 

The User may terminate this Agreement at any time by visiting the Site and following the procedure provided for this purpose. It is recalled that once the member account of a User is closed, the data transmitted as well as all the data generated will be destroyed by the Company.

The Company reserves the right to restrict, suspend or delete, without notice or refund, the account of any User who uses the Services abusively or inappropriately. The assessment of the behavior of the User is reserved at the sole discretion of the Company.

The Company is free to terminate or modify the conditions of Services at any time. The Services offered free of charge do not give rise to any obligation on the part of the Company.

 

Article 8 – Agreement of proof

 

The computer systems and files are authoritative in the relationship between the Company and the User.

Thus, the Company may validly produce within the framework of any procedure, for the purposes of proof, the data, files, programs, recordings or other elements, received, transmitted or stored by means of the computer systems operated by the Company, on any digital or analogue, and rely on them except in the case of manifest error.

 

Article 9 – Miscellaneous provisions

 

9.1.         Indivisibility of the Contract

The fact that any provision of the Agreement is or becomes illegal or unenforceable shall in no way affect the validity or enforceability of the other provisions of the Agreement.

9.2.         Modification of the Contract

The Company reserves the right to modify, supplement or replace these Conditions. In the event of the User's refusal of the new provisions, it is recalled that the User may at any time, in accordance with Article 7 (Termination), terminate this Agreement. 

 

 

 

Article 10 – Settlement of disputes

 

The conclusion, interpretation and validity of this Agreement are governed by French law, regardless of the country of origin of the User or the country from which the User accesses the Site and notwithstanding the principles of conflict of laws .

In the event that a dispute relating to the validity, execution or interpretation of this Contract is brought before the civil courts, it will be subject to the exclusive jurisdiction of the French courts to which jurisdiction is expressly attributed, even in the event of summary proceedings or multiple defendants.

The User is informed that he may in any case resort to conventional mediation or any alternative method of dispute resolution (conciliation for example) in the event of a dispute.

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Legal Notice

Univ'Lab SARL

Limited liability company with capital of 10,000 euros

Head office: 2, rue du Gramenier - Le Rove (13740)

Individual tax identification number (intra-community VAT): FR90880336524

Telephone line: 04 13 43 86 07

880 336 524 RCS Aix-en-Provence

Director of publication: Mrs Anaïs Sarr

 

The site is hosted by: Wix 00 1 415 639

 

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