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Publisher
PIERRE FABRE DERMO-COSMETIQUE
Simplified joint stock company with capital of 22 987 907.05 Euros
Registered office: Les Cauquillous - 81500 Lavaur - France
RCS Nanterre B 319 137 576
VAT number: FR42319137576
Telephone: +33 (0) 5 63 58 88 00
Email: contact.aderma@pierre-fabre.com
Publishing director
PIERRE FABRE DERMO-COSMETIQUE
Developer
Kauriweb
16 Av. Lucien Coudert
81100 Castres
Host
OVH SAS company with capital of 10,069,020 Euros, registered at 2 rue Kellerman 59100 Roubaix - France, under number 537 407 926 located 2, whose head office is located at 2 rue Kellerman - 59100 Roubaix - France
Credit
Design, editorial content, photos/videos: PIERRE FABRE DERMO-COSMETIQUE
TERMS AND CONDITIONS OF THE A-DERMA DERMATOLOGICAL LABORATORIES WEBSITE
ARTICLE 1 - PURPOSE OF THE GENERAL TERMS AND CONDITIONS OF USE
The purpose of these general conditions of use (hereinafter referred to as the "GCU") is to define the
conditions of use and access to the Site belonging to LABORATOIRES A-DERMA (hereinafter referred to as
"LABORATOIRES A-DERMA"), a flat brand of PIERRE FABRE DERMO-COSMETIQUE (hereinafter referred to as
"PFDC") which users (hereinafter referred to as "Users") accept by the mere fact of consulting
them.
If Users do not accept them, A-DERMA LABORATORIES shall ask them to leave the Site.
The GCU are subject to French law and may be modified at any time without notice. The use and consultation of the Site is limited to personal and non-commercial purposes.
Generally speaking, the User undertakes not to use all or part of the Site for illicit purposes (copyright) or contrary to these GCU.
By consulting the Site, the User agrees to abide by the GCU as displayed on the date of consultation.
The GCU are enforceable against any User who connects to the Site.
ARTICLE 2 – DESCRIPTION OF THE SITE
The Site can only be accessed online at the following address: https://terre-d-avoine.aderma.fr/ and only by Users domiciled in mainland France (including Corsica).
The Site has been created to provide you with information about the TERRE D'AVOINE D'A-DERMA site (access, offers, etc). In particular, the Site provides non-contractual information about the TERRE D'AVOINE D'A-DERMA site.
If you are under sixteen (16) years of age, you declare that you have received authorisation from your parents or legal representatives to communicate to A-DERMA LABORATORIES, your personal information to access the Site and to receive communications sent by A-DERMA LABORATORIES.
The Site is entirely financed by PFDC. The Site does not constitute a contractual offer and does not include any form of advertising.
Insofar as the Site is updated taking into account all activities, it may happen that certain new information, Services or announcements are no longer valid at the time they are published or that they are simply out of date. A-DERMA LABORATORIES cannot guarantee, although they make every effort to do so, that all the information and Services published on the Site are completely up to date.
A-DERMA LABORATORIES do not guarantee the accuracy and completeness of the information and Services contained on the Site. A-DERMA LABORATORIES shall make the corresponding corrections. Furthermore, the information and Services offered may have been updated between the time when Users viewed them and the time when Users become
aware of them. A-DERMA LABORATORIES therefore in no way guarantee that this information and these Services are accurate, complete and up-to-date.
Use of the Site is the sole and entire responsibility of the User. A-DERMA LABORATORIES shall not be held liable for any results obtained as a result of using the Site.
ARTICLE 3- HOW TO ACCESS THE SITE
3.1.To access the Site, the User must have the hardware and software skills required to use the Internet. In order to access the Site via a computer, tablet or mobile phone (hereinafter referred to as the " Equipment"), the User must have appropriate broadband Internet access, a telephone subscription allowing Internet access from a compatible computer/tablet/mobile phone such as: smartphone (IOS, Android), wap, wifi and/or 3G / 4 G connection.
The User acknowledges that the conditions of the contract with his/her Internet/mobile telephone operator will continue to apply when using the Site. The User shall be solely responsible for all charges that may be claimed by the operator in connection with access to Internet, wifi, wap and/or 3G / 4G connection services and use of the Site.
When using the Site, Users shall refrain from hindering or disrupting the proper operation of the Site, servers or networks and/or modifying, adapting or hacking the Site and/or modifying a third-party application or site in such a way as to cause confusion as to the link with the Site.
The User is aware of the constraints and limits of the Internet and telecommunications networks and therefore undertakes to:
• protect their Equipment against any form of virus, attempted intrusion, unauthorised access and/or
use by third parties;
• to take care of the conditions of installation, operation and maintenance of his Equipment
necessary for the proper functioning of the Site.
3. 2. OBLIGATIONS OF USERS
By using the Site, Users undertake not to:
• using the Site or Services for political purposes, propaganda or proselytising;
• divert the Site from its intended purpose;
• carrying out illegal activities, in particular those that infringe the rights of holders of texts, photographs, images, videos, etc.;
• Advertise or encourage other Users to use any other service, whether competing or not;
• Undermine the operation of the Site in any way whatsoever;
• Infringe intellectual property laws;
• Infringe current laws and regulations.
Users are prohibited from:
• Uploading, sending, transmitting by e-mail or in any other way any content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, threatening to the privacy of others, hateful, racist or otherwise objectionable;
• Consult, display, download or transmit any content that is contrary to the laws in force in the country in which the site is consulted, particularly with regard to intellectual property;
• Attempt to mislead other Users by usurping the name or corporate name of other persons and more particularly by passing yourself off as an employee or affiliate of the PFDC and A-DERMA LABORATORIES service, a moderator, a guide or a host;
• Upload, post, e-mail or otherwise transmit any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or telecommunications equipment without this list being exhaustive;
• Upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, intellectual property right or other proprietary right (collectively, "Rights") belonging to any party;
• Disrupt the normal flow of dialogue, accelerate the rate at which the screen scrolls so that Users find themselves unable to follow and type their dialogue, or commit any action having a similarly disruptive effect that hinders Users' ability to communicate in real time;
• Interfere with or disrupt the Service, servers or networks connected to the Service or refuse to comply with any requirements, procedures, general rules or regulatory provisions applicable to the networks connected to the Service;
• Harass another User or Users in any way;
• Collect and store personal data, identification data, relating to other Users.
A-DERMA LABORATORIES or any person or entity designated by A-DERMA LABORATORIES, shall be entitled to delete or remove any content that violates the terms hereof and/or current regulations and/or is otherwise reprehensible.
Users also acknowledge that they must exercise good judgement and bear all risks associated with their use of the Service and the Site.
ARTICLE 4 – INFORMATION CONTAINED ON THE SITE
4.1 Information on products and services
Unless otherwise stipulated, the products and services presented on the Site are a general presentation of A-DERMA's TERRE D'AVOINE site. This information is provided for information purposes only and is not contractually binding.
4.2.Use of advice given on the Site
Information is made available to Users on the Site. This provision does not entail the transfer of any property rights attached to the information. Users are only granted a non-exclusive licence to consult and use this information for their own private use. In this respect, Users are prohibited from copying or
reproducing all or part of the information by any means and on any existing or future medium, from translating the information into any other language or language, or from adapting the information.
A-DERMA LABORATORIES shall not be held liable for any direct or indirect consequences and/or any damage that may occur as a result of defective or pirated information. Furthermore, A-DERMA LABORATORIES do not assume an obligation of result but of means with regard to the information and advice provided to Users.
Finally, A-DERMA LABORATORIES give no explicit or implicit guarantee, and accept no liability, in relation to the use of this information and advice. It is provided for information purposes only.
For any further information and/or queries, please write to the following address:
By email: contact.aderma@pierre-fabre.com
By post: LABORATOIRES A-DERMA " Les Cauquillous " 81506 LAVAUR CEDEX
ARTICLE 5 - GUARANTEES AND LIABILITY
5.1 LIABILITY
Users are solely and entirely responsible for their use of the Site. Users undertake to use the Site in accordance with its intended purpose. A-DERMA LABORATORIES guarantees Users peaceful enjoyment of the Site and in particular guarantees that the Site does not infringe any intellectual property rights held by a third party and that it is original. A-DERMA LABORATORIES guarantees that the Site complies with current French legal provisions and industry standards applicable to Internet sites.
Users undertake not to voluntarily or even involuntarily introduce viruses, bugs or files of any nature whatsoever that may disrupt the operation of the Site, in which case they alone shall assume full responsibility.
In the spirit of respect for all, LABORATOIRES A-DERMA may take legal action against indelicate Users.
The User declares and warrants that he/she is fully aware of the characteristics and constraints of the Internet, and in particular that the transmission of data and information on the Internet is only relatively technically reliable, as such data and information circulates on heterogeneous networks with diverse characteristics and technical capacities, which disrupt access or make it impossible at
certain times.
A-DERMA LABORATORIES shall not be held liable for any damage arising from a User's connection to or use of the Site.
A-DERMA LABORATORIES shall not be held liable for any errors, omissions, viruses or results that may be obtained through improper use of the Services, information and Site. A-DERMA LABORATORIES shall only be bound by a best-efforts obligation.
LABORATOIRES A-DERMA, the directors or employees of LABORATOIRES A-DERMA / PFDC may not be held liable for:
- For any damage whatsoever resulting from connection, access or use of the Site;
- Damage resulting directly or indirectly from consultation of the Site or use of the Services available on it;
- Direct or indirect damage resulting from use of the Site, and in particular any operating, financial or commercial loss or loss of the Site or of data in any information system, even if LABORATOIRES A-DERMA was aware of the possibility of such damage.
Under no circumstances shall LABORATOIRES A-DERMA be held liable for any loss of information/Services or any deterioration linked to this Service. Any information or Service provided by the Site shall not be interpreted as any kind of guarantee.
Subject to applicable legal or regulatory provisions, LABORATOIRES A-DERMA shall not be held liable for any damage, including but not limited to loss of profits, customers, data or intangible assets that may arise from
the use or inability to use the Site, and more generally from any event linked to the Site and/or any third-party site.
5.2. MODIFICATION OR DISCONTINUATION OF THE SITE
A-DERMA LABORATORIES endeavours to keep the Site accessible 7 days a week and 24 hours a day, but is under no obligation to do so. A-DERMA LABORATORIES may therefore interrupt access, in particular for maintenance and upgrading purposes. A-DERMA LABORATORIES shall under no circumstances be held responsible for the entirety of these interruptions and the consequences that may result for the User or any third party.
A-DERMA LABORATORIES reserves the right to modify or delete the Site without prior notice and without incurring any liability. The deletion or modification of the Site shall in no way justify any special consideration for Users, nor the allocation of damages.
53. GUARANTEES
Users expressly acknowledge and accept that:
• their use of the Site and the Service is at their own risk. The Service is provided on an "as is" basis and is accessible depending on its availability. LABORATOIRES A-DERMA does not provide any express or implicit guarantee relating to the quality and compatibility of the Service for a specific use, and the non-infringement of the rules of use of the Service by its Users (this list is not exhaustive).
• A-DERMA LABORATORIES does not guarantee that the Site and/or Services will meet their expectations; that it/they will be uninterrupted, timely, secure or error-free; that the results that may be obtained from using the Services will be accurate and reliable; that the quality of any Services, information or other material obtained by them from the Service will meet their expectations; that defects in the software used, if any, will be corrected.
• Any material downloaded or obtained in any other way when using the Service is done so at
their own risk. Users shall be solely liable for any damage to their
computer or loss of data resulting from the downloading of such material.
ARTICLE 6 – INTELLECTUAL PROPERTY
Unless otherwise stipulated herein, all elements appearing on the Site (including in particular texts, data, databases, graphics, logos, brands, names, animations, images, videos, sounds, software and all other elements) (hereinafter referred to as the "Elements") are the exclusive property of PFDC and LABORATOIRES A-DERMA and/or third parties who
have granted it a licence, and are subject to French and international legislation on copyright and more generally on intellectual property.
These Elements are protected by copyright, copyrights, trademarks, patents, database rights, trade secrets and/or any other intellectual property rights.
All rights of reproduction, representation and public communication are reserved, including visual, photographic, iconographic or other representations. Reproduction of all or part of the Site on any electronic medium whatsoever, is strictly prohibited without the express authorisation of the publication director.
The trademarks and logos used on the Site have been registered and their reproduction would constitute an infringement. All rights of use are reserved. In accordance with article L.122-4 of the French Intellectual Property Code, any representation or reproduction not expressly authorised, in whole or in part and by any process whatsoever, is illegal and constitutes an infringement punishable by articles L. 335-2 et seq. of the French Intellectual Property Code.
The User is not authorised to sell, copy, rent, market, transfer, assign or otherwise sub-license, modify, adapt the Site, merge it in whole or in part into other software, translate it, decompile or disassemble it, or create any software or functions derived from the Site without the express written authorisation of the Publication Director.
A-DERMA LABORATORIES grants the User a free, non-exclusive, non-transferable, personal licence, limited to private use, to access, use and view the Site and its Elements. This right is granted for exclusively personal, private and non-commercial use, and on condition that all references to reproduction and intellectual property rights relating thereto are retained. In this respect, the User is prohibited from copying and/or reproducing all or part of the Elements by any means and on any existing or future medium, from translating the Elements into any other language or language and from adapting the Elements.
Any other use of the Elements is strictly prohibited and constitutes a violation of the provisions of the French Intellectual Property Code.
ARTICLE 7 – PERSONAL DATA
For more information on the Site's PERSONAL DATA PROTECTION POLICY, LABORATOIRES A-DERMA invites Users to consult the following notices:
https://www.aderma.fr/fr-fr/politique-de-confidentialite
ARTICLE 8 - HYPERTEXT LINKS
The User is hereby informed that LABORATOIRES A-DERMA may provide links to websites and/or applications belonging or not belonging to the Pierre Fabre Group. These internet sites and/or applications are independent of the Site.
A-DERMA LABORATORIES neither publishes nor controls the sources and content of these Internet sites or their links to other Internet sites and/or applications.
Links to these internet sites and/or applications in no way constitute approval, validation or endorsement by LABORATOIRES A-DERMA of the content of these internet sites and/or applications and, a fortiori, of any use that may be made thereof.
Consequently, LABORATOIRES A-DERMA shall not be held liable for the content, products, services, advertising, cookies or other elements of these internet sites, nor for any damage or loss, whether proven or alleged, resulting from or in connection with the use of this information, services or data available on these internet sites and/or applications.
Hypertext links may only be created on the Site with the prior written authorisation of LABORATOIRES A-DERMA. Any request for authorisation must be sent to the following contact address: contact.aderma@pierre-fabre.com
ARTICLE 9 – COOKIES POLICY
For more information on the use of Cookies on the Site, LABORATOIRES A-DERMA invites Users to consult the Cookies table accessible at the following address: https://www.aderma.fr/fr-fr/politique-de-confidentialite
ARTICLE 10 - NON-WAIVER AND PARTIAL NULLITY
In the event that one of the provisions of the GCU should become null and void due to a change in legislation, regulations or a court ruling, this shall in no way affect the validity of and compliance with the other provisions of the GCU.
The fact that one of the Parties does not avail itself of any of the provisions of the GCU shall not constitute a waiver of its right to avail itself of the same provision at a later date.
ARTICLE 11 - MISCELLANEOUS PROVISIONS
In the event that a provision of the GTUs should lose its validity or should the GTUs contain a loophole, the provision in question will be replaced by the provision that is closest to it from the point of view of legal interpretation.
Users declare and acknowledge that they have read the GCU and that use of the Site constitutes full and unconditional acceptance of all the GCU.
If Users have any questions about the GTUs, or any questions or comments about the Site or their User Account, they may write to the following address: contact.aderma@pierre-fabre.com.
ARTICLE 12 - MODIFICATION OF THE GUS
The GCU may be modified at any time by LABORATOIRES A-DERMA. Users shall be notified of such modifications. Any use of the Site after notification of a modification shall constitute acceptance of the GCU. The applicable GCU shall then be those in force on the Site on the date of use by a User. In the event of disagreement with the modifications to the GCU, the User undertakes not to access the Site.
In the event of translation of the GCU, only the French version is valid and applicable.
ARTICLE 13 - APPLICABLE LAW AND COMPETENT COURTS
The GTUs are governed by French law.
Any dispute arising in connection with the GTUs shall be submitted to mediation, prior to any legal action or arbitration. If mediation fails, the dispute will be brought before the competent French court.