1. Legal notice

The website https://www.larochere.com is published by La Rochère, SAS with share capital of 2 500 060,50 €, registered under SIRENE no. 815 680 020 in the Vesoul Trade & Companies Register Vesoul and with headquarters located at 4, rue de la verrerie, F - 70210 Passavant La Rochère.

Intracommunity VAT no.

N° de TVA intracommunautaire : FR23 815 680 020.

Publication Director: Eric Zannoni et Nicolas Bigot

Personal Data Officer: Gilles Ambs

The website was designed by ADEO Informatique, 10 rue des Aubépines 25000 Besançon, France.

The website is hosted by OVH, 2 rue Kellermann BP 80157 59053 Roubaix Cedex 1, France.

This website is exempt from declaration to the French personal data protection authority (Commission Nationale de l’Informatique et des Libertés – CNIL) pursuant to Resolution no. 2006-138 of 9 May 2006 regarding exemptions from declaration for processing conducted for the purposes of information or external communication.

Le présent site est dispensé de déclaration auprès de l’autorité française de protection des données personnelles (la Commission Nationale de l’Informatique et des Libertés – CNIL) selon la délibération n°2006-138 du 9 mai 2006 décidant de la dispense de déclaration des traitements constitués à des fins d’information ou de communication externe.

2. Terms of Use

Definitions

The terms listed below shall subsequently have the following meanings:

‘Site’ or ‘service’: the website https://www.larochere.com and all the pages contained therein.
‘Publisher’: La Rochère, responsible for the site publication and content.
‘User or Users’: the Internet user(s) visiting and using the site’s services.

Purpose of the site and designation of the parties

The purpose of this site is designated as a “showcase site”.

The site is freely accessible to all Internet users. The purchase of an item or service, or the creation of a member area, or more generally browsing on the site, presupposes the acceptance by the Internet user of all these Terms of Use. The Internet user acknowledges having read and understood these terms in full. This acceptance shall require the Internet user to tick the box corresponding to the statement of acceptance of these Terms of Use, for example, “I acknowledge having read and accepted all of the Terms of Use of the site.” Ticking this box shall be deemed to have the same validity as a handwritten signature on the part of the Internet user. The Internet user acknowledges that the automatic registration systems employed by the website publisher constitute documentary proof and, unless able to provide evidence to the contrary, will not contest this proof in the event of a complaint. Acceptance of these Terms of Use assumes that Internet users have the legal capacity required for this purpose.

Member area

Registered users (members) can access the site using their login details (e-mail address provided during the registration process and their password) and by using systems such as third-party social network login buttons. Users are entirely responsible for protecting their chosen passwords and are encouraged to use strong passwords. Members who forget their password shall have the option of setting a new password. This password guarantees the confidentiality of the information contained in the “my account” section and users must refrain from transmitting it or communicating it to a third party. Failure to comply with the above shall result in the site publisher not being held liable for unauthorised access to a user’s account.

The creation of a personal space is an essential prerequisite for any orders or contributions of members on this site.
For this purpose, members shall be required to provide certain personal information. Members undertake to provide accurate information.

The purpose of data collection is to create a “member account”. If the data contained in the member account section should disappear following a technical failure or a case of force majeure, the liability of the site and its publisher cannot be engaged as this information has been provided for information purposes only and has no probative value. The pages relating to the member accounts are freely printable by the holder of the account in question but do not in any way constitute proof as they are only provided for information purposes to ensure efficient management of the service or contributions by the member.

The publisher reserves the exclusive right to delete the account of any member who has contravened these Terms of Use (in particular, but not limited to, when the member has knowingly provided erroneous information during registration and the creation of their personal space) or any account that has been inactive for at least one year. Said deletion shall not constitute a loss for the excluded member, who shall not be entitled to any compensation in this respect. This exclusion does not exclude the option for the publisher to take legal action against the member if the facts provide such grounds.

Exemption of the publisher’s liability in the performance of this agreement

In the event of the site being inaccessible due to technical issues or problems of any kind, users may not claim any damages or compensation.

Hypertext links on this site may direct users to other websites and the publisher of this site cannot be held liable if the content of these sites contravenes current legislation.
Likewise, the publisher of this site cannot be held liable if a visit to one of these sites results in loss or damage for the user.

Intellectual property rights over elements published on this site

All the elements of this site either belong to the publisher or a third party representative, or are used by the publisher with the authorisation of their respective owners. Any copy of the logos, text, pictographic or video content, without this list being exhaustive, is strictly forbidden and is deemed to constitute counterfeiting. Any member who is guilty of counterfeiting is subject to having their account deleted without notice or compensation and without this deletion constituting a loss, without prejudice to any subsequent legal proceedings against them, at the initiative of the publisher of this site or its representative. This site uses elements (images, photographs and content) for which the credits are attributed to the natural or legal persons listed in the “Credits” section.

Limitation of liability

The site publisher is only bound by an obligation of means; its liability cannot be engaged for any damage resulting from the use of the Internet network, such as, but not limited to, loss of data, intrusion, virus or interruption of service. Users expressly agree to use the site at their own risk and under their exclusive responsibility.

The site provides users with information for guidance only, with any imperfections, errors, omissions, inaccuracies and other ambiguities that may exist. Under no circumstances may the Publisher be held responsible for:

– any direct or indirect damage, in particular with regard to loss of profits, earnings, customers or data that may result from use of the site, or on the contrary from the impossibility to use the site;
– any malfunction, unavailability of access, incorrect use, incorrect configuration of the user’s computer or the use of a browser not frequently utilised by the user;
– the content of advertisements and other links or external sources accessible by the user from the site.

Site access

The site publisher cannot be held liable for the technical unavailability of the connection, whether this is due, in particular, to a case of force majeure, maintenance, updating, modification of the site, intervention by the host, an internal or external strike, network breakdown, power failure, or poor configuration or utilisation of the user’s computer.

Account closure

All users are free to close their accounts and data on the site.
To do this, members must send an e-mail to the Publisher stating that they wish to delete their account. No data will be recoverable in this case.

Miscellaneous provisions

These Terms of Use are governed by French law. They may be modified at any time by the site publisher or its representative. The terms of use applicable to users are those in force on the day of acceptance. The publisher undertakes to keep records of all its former terms of use and to send them to any user who requests them.

Except for public policy provisions, any disputes that may arise in the context of the performance of these Terms of Use may be submitted to the site publisher for an amicable settlement before any legal action is taken.
It is explicitly stipulated that requests for an amicable settlement do not suspend the time limits open for taking legal action. Unless otherwise provided for by public policy, any legal action relating to the performance of this agreement shall be submitted to the courts within the jurisdiction of the appropriate Court of Appeal.

If any of the clauses of these Terms of Use are declared null and void by a court decision, such nullity shall not entail the nullity of all the other clauses, which shall continue to have effect.

Use of cookies

Cookies are used to identify site users, personalise their consultation and enhance display of the site by saving data files on their computer. The site may use Cookies, mainly to 1) obtain browsing statistics in order to improve the User’s experience, and 2) provide access to a member’s account and to content that is not accessible without logging in.

Users acknowledge that they have been informed of this practice and authorise the site publisher to use Cookies. The publisher undertakes never to disclose the content of these Cookies to third parties, except in the event of legal requisition. Users may refuse to accept Cookies or set their browsers to warn them before accepting Cookies. To this end, Users need to adjust their browser’s settings:

– For Internet Explorer: http://windows.microsoft.com/en-EN/windows-vista/Block-or-allow-cookies
– For Safari: https://support.apple.com/fr-fr/ht1677
– For Google Chrome: https://support.google.com/chrome/answer/95647?hl=en&hlrm=en&safe=on
– For Firefox: https://support.mozilla.org/fr/kb/activer-desactiver-cookies
– For Opera: http://help.opera.com/Windows/10.20/fr/cookies.html

For more information: Website cookie management.http://https://www.larochere.com/use-of-cookies/?lang=en

Regulation of terms

If any provision of the Terms of Use is deemed unlawful, void or for any other reason unenforceable, such provision shall be deemed severable from the Terms of Use and shall not affect the validity and enforceability of the remaining provisions. These Terms of Use set out the entire agreement between the user and the website. They supersede all prior or contemporaneous written or oral agreements. The Terms of Use may not be assigned, transferred or sub-licensed by users.

A printed version of the Terms of Use and any notices given in electronic form may be requested in judicial or administrative proceedings relating to the Terms of Use.
The parties agree that all correspondence relating to these Terms of Use shall be written in French.

Notifications

Any notifications or notices concerning these Terms of Use, the Legal Notice or the Data Privacy Policy (GDPR) must be made in writing and be delivered in person, by registered or certified mail, using the postal service or any other nationally recognised courier service that allows regular monitoring of its packages, to the postal address or e-mail address indicated in the Legal Notice above, specifying your full name, contact details and the purpose of the notice.

Complaints

Inaccuracies

Inaccuracies or errors, or information that is at variance with the Terms of Use, the Legal Notice or the Data Privacy Policy (GDPR), may potentially be found throughout the website and the services provided.
In addition, unauthorised modifications may be made by third parties on the website or on related appendix services (such as social networks). We make every effort to ensure that such discrepancies are corrected.

Should such a situation occur, please contact us at the postal or email address indicated in the Legal Notice above with, if possible, a description of the error and the location (URL), together with sufficient information to enable us to contact you. For requests relating to copyright, please refer to the section on intellectual property.

1. Legal notice

2. Terms of Use

Definitions

Notifications

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