GENERAL TERMS AND CONDITIONS OF USE OF THE WEBSITE “WWW.RAQBALL.COM”
Article I. PREAMBLE
RZBALL COMPANY (hereinafter referred to as either “RZBALL COMPANY” or the “Company”) A “Société par actions simplifiée”, French limited company, with registered office in 930, Route des Dolines, 06560 VALBONNE SOPHIA ANTIPOLIS FRANCE , with a capital of EUR 20,000 registered with the GRASSE registered office (RCS) under the number 829 110 485.
The Company expands exclusively the trademark “RAQBALL”, hereinafter referred to as the “Trademark” and is specialized in selling sport equipment dedicated to the RAQBALL practice (hereinafter referred to as “Products”) on its website www.raqball.com or any other link that could be added or used as a substitute (hereinafter referred to as the “Website”).
The Company is the editor of the present Website. It enables its Users (as this term will be defined hereinafter) to take knowledge of the proposed Services and to order the Products they wish to purchase.
These various Services (as this term will be defined hereinafter) are available on the Website.
These provisions (hereinafter referred to as the “General Terms and Conditions of Use”) determine the relations established between RZBALL COMPANY and the Website Users (hereinafter referred to as the “Users” and together with RZBALL COMPANY or individually as the “Partie(s)”).
These General Terms and Conditions of Use applies, without any restriction or reserve, to the Website’s use and to all of the Services provided by RZBALL COMPANY on its Website, as these terms will be defined hereinafter.
Phone number: +33 (0) 6 72 87 84 48.
The Publishing Director is Mr. Christophe LEHMANN.
The Website is hosted by OVH, a French limited company, with a capital of EUR 10,069,020 with registered office in 2, Rue kellermann 59100 ROUBAIX, registered with the LILLE registered office (RCS) under the number 424 761 419.
Article II. DEFINITIONS
The terms listed below shall have meaning given in its definition, as to say:
Content: Refers to any textual and graphic content present on the Website or composing it. It refers when necessary to the structure and the pages of the Website, the editorial content, the texts, the videos, the animations, the sections, the drawings, the illustrations, the images, this list not being restrictive.
Data: Refers to all the information given by the User that are intended to be published on the Website and especially, this list not being restrictive, referring to any texts, videos, animations, sections, drawings, illustrations or pictures or feedback from the netizens.
Services: Refers to the possibility offered to the User to choose, online via the Website, the Product(s) he wishes to order online, and the possibility to pay online the purchased Product(s).
Website: Refers to the online interactive electronic services available on the Website on the address www.raqball.com, or with any other link that could be added or used as a substitute.
User(s): Refers to any natural or legal person acting as a consumer or as a professional and using the Website to benefit from the Services supply provided by RZBALL COMPANY.
Article III. SCOPE OF GENERAL TERMS AND CONDITIONS OF USE
The purpose of the following terms is to define the conditions of use applied to the access of the Services provided by RZBALL COMPANY.
Article IV. GENERAL TERMS IMPLEMENTING
These terms are drafted in the English Language.
The contract regarding the Services use (hereinafter referred to as the “Contract”) is concluded for a duration limited to the Services execution.
The Services are supplied by the Website worldwide.
The Company shall not in any case be liable for any commercial practices proposed on any other websites or companies to which the User could have access from the Website by hypertext links, logos, buttons, etc., located in the Website. It is up to the User to refer to the general terms of the aforementioned websites or companies before contracting with them.
4.01 General Terms and Conditions of Use enforcement
This Contract relating to the Services use is concluded between the Company in the frame of the User’s visit of the Website.
The present General Terms and Conditions of Use constitute the contractual document binding the Parties.
The present General Terms and Conditions of Use are considered read and accepted by the User for any use of the Website.
The User declares having taken into knowledge the present General Terms and Conditions of Use entirely and accepting all its obligations. Should this acceptance lack, the User shall not access to the Website Services.
The User can keep a printed copy of the General Terms and Conditions of Use which will also be available permanently on the address www.raqball.com.
4.02 General Terms Modification
RZBALL COMPANY reserves the right to modify these General Terms and Conditions of Use if necessary, according to the Services proposed or the evolving legislation, at its sole discretion. The Use of the Website and the Services is always subjected to the most recent version of the General Terms and Conditions of Use posted on the Website and accessible for the User.
The User shall check as often as necessary the General Terms and Conditions of Use.
The Website can also bring modifications and improvements to the editorial content at any moment.
All these modifications and improvements will benefit to the User.
When using the Website, the User can be submitted to the evolving directives or the rules published on the Website and applicable to the proposed Services, which can contain terms and conditions that are added to the present General Terms and Conditions of Use.
Article V. Access terms and conditions
The User must deal with the implementation of the informatics and telecommunications resources which allow access to the Website.
The User shall protect his technical equipment against any form of malware contaminations and/or intrusion attempts, the Company shall not be held liable of it under any circumstances.
The User remains solely liable for the installation, exploitation and for the maintenance of his technical equipment needed to have access to the Website Services.
Under any circumstances RZBALL COMPANY should be liable if the proposed features turn out to be incompatible or present dysfunctions with some of the User’s software, configurations, operating systems or equipment.
Additionally, the User remains deemed to pay the telecommunication fees necessary to access to internet during the use of the Website.
Article VI. PARTIES OBLIGATIONS
6.01 Warranties and Obligations of RZBALL COMPANY
- Warranties and obligations related to the Services
RZBALL COMPANY undertakes to use all technical and human resources necessary for the furnished Services availability. RZBALL COMPANY is only held accountable for an obligation of means within the present terms.
If the User encounters a difficulty, he can inform RZBALL COMPANY by mail to the address: firstname.lastname@example.org, or by phone, from Monday to Friday, from 10h00 AM to 12h00 AM and from 14h30 PM to 17h00 PM with the following phone number: +33 (0) 6 72 87 84 48.
RZBALL COMPANY undertakes to use all reasonable diligences to limit any risks coming from the infringement of the security Services (intrusion, malwares, hacking). Because internet is an open network sensitive to a certain number of risks, RZBALL COMPANY cannot undertake to an unlimited guarantee of the access and the availability of the Services. The User declares to accept these risks.
RZBALL COMPANY undertakes to use all necessary means to preserve the integrity and availability of the Data uploaded by the User on the Website.
In case of a programmed intervention, RZBALL COMPANY undertakes to inform the User as soon as practicable and by any means once it will take knowledge of the intervention dates.
The Parties expressively agreed on the fact that a suspension inherent to a programmed intervention or not, cannot hold liable RZBALL COMPANY and no damages compensation can be claimed.
- Warranties and specific obligations related to the Data Hosting given by the User
RZBALL COMPANY undertakes to host all Data given by the User subject to compliance with the public order.
RZBALL COMPANY reserves the right to partially or totally takedown the access of any illicit Data once it will be alerted by netizen or a User, pursuant to the Article 6-1-5 from the “law for the trust in digital economy” of June 21, 2004 (LCEN).
In case of a partial or total takedown done by a netizen or a user founded claim, RZBALL COMPANY will inform the User of the claim’s object and the reasons given for the partial or total takedown, before an effective takedown, under prompt times.
6.02 Warranties and Obligations of the User
The User undertakes to use the provided Services in conformity with their destination.
The User prohibits himself from any action that could harm the image of the Website, of the Company and/or its distinctive signs.
RZBALL COMPANY reserves the right to refuse or to suspend any account for legitimate motives and particularly in case of:
- Abnormal or abusive claims.
- Existing dispute(s) with the User.
- Fraud or attempted fraud related to the Use of the Website.
The User recognizes that the right to use the Services is personal to every Users. He undertakes to make a normal use of the Services and shall observe courtesy in the exchanges by telephone, as well as by any other way.
In any case, RZBALL COMPANY reserves the right to control at any time the respect of the General Terms and Conditions of Use by the Users and to end the authorization given to use the provided Services, should the User fail to respect either one or the other General Terms and Conditions of Use provisions.
Article VII. LIABILITIES
7.01 Liability of RZBALL COMPANY
Failing to fulfill its obligations, the Company is liable in the context of an obligation of means.
- The Company, as a technical services provider in the sense of the “law for the trust in digital economy” of June 21, 2004, and notably as a Data Host, can only be liable by application of Article 6-1-5 of the said law.
- RZBALL COMPANY cannot be liable for the Services uses that are not conform to the present General Terms and Conditions of Use or in case of errors, failures or delays due to any fault or a failure of the User.
RZBALL COMPANY declines any liability concerning the content and the legal value of the elements present on the User Account and for their appreciation by any administration or jurisdiction.
In any case, RZBALL COMPANY shall not be liable under any circumstances for any eventual indirect or connected damages, such as, and without an exhaustive enumeration: operating loss and other commercial, image or morals damages, coming from or being the consequence of the present terms.
To avoid any late reclamation, and notably to allow the Company to preserve elements of proof, the User shall notify to RZBALL COMPANY his will to held it accountable.
This notification shall, under penalty of foreclosure, indicate precisely the errors, failures or delays observed and shall be addressed no later than fifteen days following the occurrence of the event which can undertake the Company’s liability.
7.02 Liability of the User
The User is liable in case of failing to execute his obligations by application of these terms.
The User is liable for the respect of the regulation applied to the Data that he uploads.
The User is liable for any damage that he caused to RZBALL COMPANY.
Following the non-respect of the present terms, the User undertakes to compensate RZBALL COMPANY, for any request, claim or sentence to damage to which the Company could be subject.
The User undertakes to compensate RZBALL COMPANY, in the event of a request, complaint or damages condemnation to which RZBALL COMPANY could be subject following to the non-compliance of the present stipulations.
Article VIII. RIGHT TO WITHDRAWAL
In conformity with the current legislation, the User who subscript an account have, when he acts as a consumer, a period of fourteen (14) days to exercise his withdrawal right without having to justify nor to pay penalties.
The period starts to run from the acceptance of the offered Services. However, as the present contract deals with the provision of Services executed partially or totally before the expiration of the said period, the consumer can waive this right, once he was informed of this faculty. By validating these General Terms and Conditions of Use, the User recognizes expressively taking knowledge of this right and expressively waiving it.
As such, RZBALL COMPANY will conserve any elements of proof that enable to set the explicit request of the User to waive his withdrawal right, such as notably, a check box, SMS and/or e-mails which set his express consent in a sustainable dematerialized support in conformity with the Article “PROOF CONVENTION”.
Article IX. CUSTOMER SERVICE
For any information, question, to exercise the withdrawal right, or to report a claim, the customer service of RZBALL COMPANY is available to the Buyer:
– By phone: +33 (0) 6 72 87 84 48.
– At the following e-mail address: email@example.com
Article X. FORCE MAJEURE
RZBALL COMPANY shall not be liable for any delay in the execution of its obligations or for any non-fulfillment of its obligations resulting from the present Contract when the circumstances giving rise to these obligations are due to a force majeure in the sense of article 1218 of the French Civil Code.
Expressly, are considered force majeure or fortuitous event, in addition to those usually to take by the case law of French courts and tribunals, total or partial strikes, lockout, disturbance, civil disturbance, insurrection, war, bad weather, epidemic, blockage of transportation or supply for any reason, earthquake, fire, storm, flood, water damage, government or legal restrictions, legal or regulatory changes to forms of marketing, computer failure or electrical network or server, blocking of electronic communications, including wired or wireless telecommunications networks, any questioning of the mathematical foundations governing the theory of cryptographic algorithms, used for public key infrastructures and any other case independent of RZBALL COMPANY will prevent normal performance of the present Contract.
First, the cases of force majeure will suspend the execution of the Contract. If the cases of force majeure last more than 60 (sixty) days, the Contract shall be automatically terminated, unless otherwise agreed between RZBALL COMPANY and the User.
Article XI. OF PERSONAL DATA COLLECTION /COOKIES
The processing and collection of personal Data and its dissemination to third parties responsible for the execution and payment of the Services, is subject to the consent of the person involved.
A complete information regarding the collection, the operated processing, obligations of RZBALL COMPANY, as well as the User’s rights are figured on the ad hoc tab of the Website.
Article XII. INTELLECTUAL PROPERTY – TRADEMARK CHART OF USE
12.01 Intellectual property
RZBALL COMPANY owns the intellectual property rights linked to the Services, notably related to the Trademark, the software, the features and the Website Contents.
These General Terms shall not operate any transfer of property to the User who enjoins himself from affecting it in any way shape or form.
The User only benefits from a simple license of use of the Services, which is non-exclusive, personal, and non-transferable, worldwide, and for the duration of the subscribed Services.
As a result, the User shall not, any time, distribute, grant a license, exploit in any way shape or form, the Services, the Trademark, the Contents and/or Data and any elements that are attached to them.
The violation of these provisions can cause, at the discretion of RZBALL COMPANY, the termination of this Contract and/or the refusal of RZBALL COMPANY for any additional use from the User, without taking from him its right to legally pursue the User for infringement founded on the violation of its intellectual property rights.
12.02 Trademark chart of use
RAQBALL® is a PROTECTED TRADEMARK, the User undertakes to respect the provisions listed hereinafter:
The trademark RAQBALL® is registered in the Intellectual Property French Office (INPI) and in the Intellectual Property European Union Office.
This registration confers the trademark a dedicated protection by application of the legal dispositions (Article L 711 and following and R 712-1 and following from the Intellectual Property French Code) and of the Directive 2008/95/CE.
Are prohibited, except with the owner authorization:
- The reproduction, usage or affixing of a trademark, even with the addition of words such as: “formula, way, system, imitation, genre, method”, as well as the use of a reproduced trademark, for products and services identical to those referred in the registration.
- The removal or the modification of a trademark regularly affixed.
Are prohibited, except with the owner authorization, if they can result in a likelihood of confusion in the public mind:
- The reproduction, usage or affixing of a trademark, as well as the use of a reproduced trademark, for products and services similar with those referred in the registration.
- The imitation of a trademark and the use of an imitated trademark, for products or services identical or similar with those referred in the registration.
A trademark infringement caused by the User may give rise to a counterfeit claim which can engage the civil and/or penal liability for its author.
- In application of civil law, the infringer is condemned to damages and the display of his sentence by the jurisdiction.
- In application of criminal law, the infringer is sentenced to prison from three to five years and a fine from 300 000 Euros to 500 000 Euros, and much more.
In any case, the use of the “RAQBALL®” term shall not harm the image of the RAQBALL® Trademark
The use of the RAQBALL® name or products in which the RAQBALL® trademark was affixed with the owner’s authorization shall not in any way shape or bring harm to the reputation and the integrity of the RAQBALL® Trademark.
The public or private context, professional or not, commercial, or not, including artistic, of the use of RAQBALL® name is irrelevant.
Whichever use made of the RAQBALL® name, it is imperative to respect the moral integrity of the RAQBALL® name.
In default and without any reserve or limitation, the RAQBALL® Trademark owner will institute any proceedings necessary to the Trademark’s respect and the suffered loss compensation.
Article XIII. GENERAL PROVISIONS
13.01 Opt-out clause
Any tolerance or renunciation on the part of one of the Parties in the application of all or part of the commitments or obligations provided here enclosed, whatever the date, frequency or duration, cannot, in the absence of a written agreement to this effect, assert modification of this Contract, generate or obstruct any right.
13.02 Permanence of the Contract
The nullity of any of these clauses does not affect the validity of the others, the Contract shall continue in the absence of the cancelled arrangement unless the cancelled clause makes the continuation of the Contract impossible or unbalanced compared to the original agreements.
13.03 Headings of the clauses
The title at the head of each article serves only for the convenience of reading and cannot in any case be the pretext for any interpretation or distortion of the clauses to which they relate. In case of an interpretation difficulty or a contradiction between the content of a clause and its title, the latter is estimated unwritten.
13.04 Entire agreement between the Parties
The parties acknowledge that these General Terms and Conditions of Use and their eventual additional clauses constitute the entirety of the agreements between them in regard to the realization of the object of the Present and replace all the previous agreements and proposals having the same object, whatever their form.
13.05 Proof convention
By application of the provisions of Article 1365 of the French Civil Code, the information provided by the RZBALL COMPANY’s Website are authentic between the Parties.
In application of Article 1368 of the French Code Civil, RZBALL COMPANY and the User intend to fix, within the framework of Services, the rules relating to the evidence admissible between them in the event of a dispute and to their probative value. The following provisions thereby constitute the proof agreement between the Parties, which undertake to comply with this article. RZBALL COMPANY and the User agree to accept that in the event of a dispute, e-mail addresses, exchanged e-mails and SMS are admissible in court and will demonstrate the data and facts they contain such as to prevail in priority except to provide written and contrary proof by the User.
RZBALL COMPANY and the User agree to accept that, in the event of a dispute, the data from any computer recording of RZBALL COMPANY constitutes proof of acceptance of these, proof of acceptance by electronic means of any offer and all Services, of the materiality of the Services used by the User by means of remote services used, namely Internet, telephone, SMS and mail.
RZBALL COMPANY and the User agree to accept that in the event of a dispute, the scope of these documents and information is that granted to an original in the sense of a written paper document, signed by hand / signed in written.
RZBALL COMPANY declares being the owner of professional civil liability insurances in conformity with the legal and regulatory provisions applicable.
13.07 Applicable law – Competent court
The present Contract shall be governed by French law.
Should the User and/or the Buyer be a consumer, in case of a dispute related to the application and/or interpretation of the present General Terms and Conditions of Use, the User has the possibility to resort to a conventional mediation procedure or any other alternative method of dispute resolution.
Beforehand, the User must contact the customer service for his claim, in accordance with Article XI of these presents, in conformity with Article L 612-2 of the Consumer French Code and inform RZBALL COMPANY of the reasons of the dispute. If, within a period of (2) two months, no solution has been found between the Parties, the attempt to resolve the conflict shall be deemed to have failed.
In accordance with the disposition n° 2015-1033 of August 20th, 2015 and its application Decree n° 2015-1382 of October 30th, 2015, any dispute or litigation known as consumption, in reserve of Article L 612-2 of the Consumer French Code, may be subject to a friendly settlement through mediation, within one (1) year, with MEDICYS (hereinafter referred to as the “Mediator”).
To submit a dispute to the Mediator, the User may (i) fill in the form on the Mediator’s website: https://app.medicys.fr/, or (ii) send his request by simple letter or registered post to the Mediator (73 boulevard de Clichy, 75009 Paris).
Regardless of the means used to seize the Mediator, the User’s request must contain the following to be handled quickly: his address, email and phone numbers, the full names and address of RZBALL COMPANY, a brief statement of the facts, and proof of the preliminary steps with RZBALL COMPANY.
In any event, the Parties undertake to attempt to resolve amicably all disputes relating to the formation, validity, interpretation, execution and termination of this Agreement.
Should the User be an independent retailer, it is agreed that all disagreement relating to the formation, validity, interpretation, execution and termination of this Contract that the Parties cannot resolve amicably, will be submitted to the Commercial Court of GRASSE, to which the Parties attribute territorial jurisdiction whatever the place of performance or the domicile of the defendant. This clause by express agreement of the Parties also applies in the event of summary proceedings, multiple defendants or guarantee claims and regardless of the nationality of the User.