We will designate below:
“Site” or “Service”: the site https://www.oriental-kitchen.fr/ and all of its pages.
“Publisher”: ORIENTAL KITCHEN, legal or natural person responsible for the editing and content of the Site.
“User”: the Internet user visiting and using the Site Services.
These General Conditions of Use (hereinafter the “T & Cs”) are offered by the Site Editor. The User of the Site is invited to carefully read these T & Cs, print them and / or save them on a durable medium. The User acknowledges having read the T & Cs and accepts them fully and without reservation.
Article 1 – Application of the Terms and Conditions
The purpose of these T & Cs is to define the conditions of access to the Site by Users. The Publisher reserves the right to modify the T & Cs at any time by publishing a new version of them on the Site. The T & Cs applicable to the User are those in force on the day of their acceptance.
The Site is open and free of charge to any User. The acquisition of a product or a service, or the creation of a member area, or more generally navigation on the Site supposes the acceptance, by the User, of all these T & Cs, who recognizes by the same fact to have taken full knowledge of it.
This acceptance may consist, for example, for the User, of ticking the box corresponding to the acceptance sentence of these T & Cs, for example having the words “I acknowledge having read and accepted all the general conditions of the Site”. Checking this box will be deemed to have the same value as a handwritten signature on the part of the User.
The User acknowledges the evidential value of the automatic registration systems of the Publisher of this Site and, except for him to provide proof to the contrary, he waives the right to challenge them in the event of a dispute.
Acceptance of these T & Cs assumes that Users have the necessary legal capacity for this. If the User is a minor or does not have this legal capacity, he declares to have the authorization of a tutor, a curator or his legal representative.
Article 2 – Legal notices, personal data and purpose of the Site
This Site is published by ORIENTAL KITCHEN SARL. Legal information concerning the host and the Site Publisher, in particular contact details and any capital and registration information, are provided in the legal notices of this Site.
Information concerning the collection and processing of personal data (policy and declaration) is provided in the Site’s personal data charter.
The purpose of this Site is determined as an “information site, product showcase”.
Article 3 – Member area
The User registered on the Site (member) can access it by logging in using their identifiers (e-mail address defined during registration and password) or possibly by using systems such as login buttons third party social networks. The user is entirely responsible for protecting the password he chooses. He is encouraged to use strong passwords. If the password is forgotten, the User can generate a new one. This password guarantees the confidentiality of the information contained in its “my account” section and the User is therefore prohibited from transmitting or communicating it to a third party. Otherwise, the Site Editor cannot be held responsible for unauthorized access to a User’s account.
The creation of a personal space is a prerequisite for any order or contribution from the User on this Site. To this end, the User will be asked to provide a certain amount of personal information. He is committed to providing accurate information.
The purpose of data collection is to create a “member account”. If the data contained in the member account section were to disappear following a technical failure or a case of force majeure, the Site and its Publisher could not be held liable, this information having no probative value. but only an informative character. The pages relating to member accounts are freely printable by the account holder in question but do not constitute proof, they are only of an informative nature intended to ensure efficient management of the service or contributions by the User.
Each User is free to close his account and his data on the Site. To do this, he must send an email to ORIENTAL KITCHEN indicating that he wishes to delete his account. No data recovery will then be possible.
The Publisher reserves the exclusive right to delete the account of any User who has contravened these T & Cs (in particular, but without this example being of any kind whatsoever, when the User has knowingly provided incorrect information, when registration and creation of their personal space) or any account that has been inactive for at least one year. Said deletion will not be liable to constitute damage for the excluded User who will not be able to claim any compensation for this fact. This exclusion does not exclude the possibility for the Publisher to take legal action against the User, when the facts have justified it.
Article 4 – Access and availability of the Site
The Publisher makes its best efforts to make the Site permanently accessible, subject to maintenance operations on the Site or the servers on which it is hosted. In the event that it is impossible to access the Site, due to technical problems of any kind, the User cannot claim any damage and cannot claim any compensation.
The Site Editor is only bound by an obligation of means; it cannot be held liable for damage resulting from the use of the Internet such as loss of data, intrusion, virus, interruption of service, or others.
The User expressly admits to using the Site at his own risk and under his exclusive responsibility.
The Site provides the User with information for information only, with imperfections, errors, omissions, inaccuracies and other ambivalences that may exist. In any case, ORIENTAL KITCHEN can in no way be held responsible:
- any direct or indirect damage, in particular with regard to loss of profits, loss of profit, loss of customers, of data that may, among other things, result from the use of the Site, or on the contrary from the impossibility of its use.
- a malfunction, unavailability of access, improper use, improper configuration of the User’s computer, or even the use of a browser little used by the User.
Article 5 – Hypertext links
The Site may include hypertext links to other sites.
The User therefore acknowledges that the Publisher cannot be held responsible for any damage or loss, proven or alleged, resulting from or in connection with the use or with the fact of having read the content, advertising, products or services. available on these sites or external sources. Likewise, the Publisher of this Site cannot be held liable if the User’s visit to one of these sites causes him prejudice.
If, despite the efforts of the Publisher, one of the hypertext links on the Site points to a site or an internet source whose content was or appeared to non-compliant with the requirements of French law to a User, the latter undertakes to immediately contact the Site’s publication director, whose contact details appear in the Site’s legal notices, in order to provide him with the address of the pages of the third-party site in question.
Article 6 – Cookies
A “Cookie” can allow the identification of the User of the Site, the personalization of his consultation of the Site and the acceleration of the display of the Site by saving a data file on his computer. The Site is likely to use “Cookies” mainly to 1) obtain browsing statistics in order to improve the User experience, and 2) allow access to a member account and to content that does not exist. is not accessible without connection.
The User acknowledges being informed of this practice and authorizes the Site Editor to use it. The Publisher undertakes never to communicate the content of these “Cookies” to third parties, except in the event of legal requisition.
The User can refuse the registration of “Cookies” or configure his browser to be warned before accepting “Cookies”. To do this, the User will configure his browser:
For Internet Explorer: http://windows.microsoft.com/fr-FR/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=fr&hlrm=en&safe=on
Article 7 – Intellectual property rights
All the elements of this Site belong to the Publisher or to a third-party agent, or are used by the Publisher on the Site with the authorization of their owner.
Any representation, reproduction or adaptation of logos, textual, pictographic or video content, without this enumeration being exhaustive, is strictly prohibited and amounts to counterfeiting.
Any User who is found guilty of counterfeiting would be liable to have his access to the site deleted without notice or compensation and without this exclusion being able to constitute damage to him, without reserve of possible subsequent legal proceedings against him, against him. initiative of the Editor of this Site or its agent.
The brands and logos contained on the Site may be registered by ORIENTAL KITCHEN, or possibly by one of its partners. Anyone carrying out their representations, reproductions, overlaps, broadcasts and reruns incurs the penalties provided for in Articles L.713-2 and following of the Intellectual Property Code.
Article 8 – Liability
The Publisher is not responsible for Users’ publications, their content or their veracity. The Publisher can in no way be held responsible for any damage likely to occur on the computer system of the User and / or the loss of data resulting from the use of the Site by the User.
The Publisher undertakes to constantly update the content of the Site and to provide Users with fair, clear, precise and updated information. The Site is in principle permanently accessible, except during the technical operations of maintenance and updating of the content. The Publisher cannot be held responsible for damages resulting from the unavailability of the Site or parts of it.
The Site Editor cannot be held liable for technical unavailability of the connection, whether due in particular to a case of force majeure, to maintenance, to an update, to a modification of the Site, an intervention by the host, an internal or external strike, a network failure, or even a power cut.
The Publisher cannot be held responsible for the non-functioning, impossibility of access or malfunctions of the Site attributable to unsuitable equipment, improper configuration or use of the User’s computer, malfunctions of the services provided by the Users’ access provider, or those of the Internet network.
Article 9 – Notifications and complaints
Any notification or notice concerning these T & Cs, the legal notices or the personal data charter must be made in writing and sent by registered or certified mail, or by email to the address indicated in the legal notices of the Site, specifying the contact details, surname and first name of the notifier, as well as the subject of the notice.
Any complaint related to the use of the Site, the Services, the pages of the Site on any social networks or the T & Cs, the legal notices or the personal data charter must be filed within 365 days following the original day of the problem source of complaint, regardless of any law or rule of law to the contrary. In the event that such a claim has not been filed within the following 365 days, such claim will be forever unenforceable in court.
It may be possible that, throughout the Website and the Services offered, and to a limited extent, there are inaccuracies or errors, or information that is at odds with the T & Cs, the legal notices or the charter of personal data. In addition, it is possible that unauthorized modifications are made by third parties on the Site or on related Services (social networks, etc.).
In such a situation, the User has the option of contacting the Site Editor by post or email to the addresses indicated in the Site’s legal notices with if possible a description of the error and the location (URL), as well as sufficient information to contact him.
Article 10 – Independence of clauses
If any provision of the T & Cs is deemed illegal, void or for any other unenforceable reason, then this provision will be deemed severable from the T & Cs and will not affect the validity and enforceability of the remaining provisions.
The T & Cs replace all prior or contemporary written or oral agreements. They are not assignable, transferable or sublicensable by the User himself.
A printed version of the T & Cs and all notices given in electronic form may be requested in legal or administrative proceedings relating to the T & Cs. The parties agree that all correspondence relating to these T & Cs must be written in the French language.
Article 11 – Applicable law
These T & Cs are governed by and subject to French law.
Unless there are provisions of public order, any disputes that may arise in the context of the execution of these T & Cs may, before any legal action, be submitted to the Site Editor for assessment with a view to an amicable settlement.
It is expressly recalled that requests for amicable settlement do not suspend the time limits for instituting legal proceedings.
Unless otherwise provided for in public order, any legal action relating to the execution of these T & Cs must be subject to the jurisdiction of the courts of the jurisdiction of the place of domicile of the defendant.
All rights reserved – February 3, 2021