GENERAL CONDITIONS OF USE OF THE SITE  HTTPS://WWW.CHOCOLATS-PRALUS.COM/

1. Preamble

These general conditions of use (hereinafter the “ T&Cs ”) are concluded between the company PCP SA PATISSERIE CHOCOLATERIE PRALUS , a simplified joint stock company with share capital of €216,000, whose head office is located at 34, rue Général Giraud in Roanne (42300), registered in the Roanne Trade and Companies Register under number 394 627 913, represented by Mr. François Pralus as President (hereinafter “ PRALUS ”), and any person using the website https ://www.chocolats-pralus.com/ (hereinafter the “ Site ”).

Internet users browsing the Site (hereinafter the “ Users ”) agree that their relationships will be governed exclusively by these T&Cs, which are accessible on the Site.

PRALUS and the Users are collectively or separately referred to as the “ Parties ” or the “ Party ”.

Any access to the Site requires consultation and full, complete and prior acceptance of the T&Cs.

2. Definitions 

Each term starting with a capital letter and used in the singular or plural in these T&Cs has the meaning indicated in its definition given in this article, identical terms used without capital letters being considered in their current meaning.

“ CGU ” designate these general conditions of use of the Site.

“ Site ” refers to the site https://www.chocolats-pralus.com/ presented in the preamble to these T&Cs.

“ User ” means any Internet user browsing the Site and/or contacting PRALUS via the contact form.

3. Purpose and duration of the T&Cs

The purpose of these General Terms and Conditions is to govern the use of the Site and to define in this context the rights and obligations of the Parties.

They apply for an indefinite period from their publication on the Site.

4. Description of the Site

PRALUS provides Users with access to its Site through which:

- PRALUS presents its activities and areas and opens access to its online store;

- the User takes note of this information, for the possible purposes of establishing a commercial relationship with PRALUS.

5. Access to the Site

5.1. Access and use rights

Without prejudice to the application of article 11, PRALUS grants Users, for the entire world, a right of remote access and use of the Site, personal, non-exclusive and non-transferable for the duration of the T&Cs and the solely for the purpose of using its functionalities in accordance with these T&Cs.

5.2. Method of access to the Site

Users access the Site through the Internet network.

The Site is accessible on Mac and Windows.

In order to take full advantage of the use of the Site, Users are advised to keep their operating system (OS) up to date and to use an up-to-date version of their internet browser.

For optimal use of the Site, Users are advised to use Google Chrome, Mozilla Firefox, Microsoft Edge browsers.

Failing to comply with these recommendations, the User risks only accessing a degraded version of the Site for which PRALUS cannot be held responsible.

Users are responsible, at their own expense, for the acquisition, installation, maintenance and connection of the various elements of the configuration and telecommunications means necessary for access to the Site.

5.3. Accessibility

Users will be able to access the Site, with the exception of possible maintenance periods:

- Round the clock;

- 7 days on 7;

- Sundays and public holidays.

However, the User is warned of the technical hazards inherent to the Internet and the access interruptions that may result.

Nevertheless, PRALUS will make its best efforts to provide Users with the best possible availability of the Site.

5.4. Creating an account

Users can create a customer account on the Site in order to place an order.

When creating the account, Users are asked to provide their first name, last name, billing and delivery postal address (if different), email address, telephone number.

The User will also choose a password to secure access to their account.

Once their account has been created, the User will be able to access it by entering their connection details on the Site (email address entered in the account creation form and password).

These identifiers are strictly personal.

The User is responsible for their conservation and is aware that PRALUS cannot be held responsible for any fraudulent use of a User's customer account.

In the event of loss or theft of their identifiers, the User will immediately notify PRALUS or, at the very least, modify their password by clicking on the link provided for this purpose.

6. Use of the contact form

For any questions, concerns or requests for assistance, PRALUS invites Users to use its contact form available on the Site.

PRALUS undertakes to process messages as quickly as possible.

PRALUS recommends that Users provide precise information in order to facilitate the response

The information provided by Users will be used only as part of the request and will be processed in accordance with the PRALUS confidentiality policy accessible at the footer of all pages of the Site.

7. Financial conditions

Access to the Site is free for Users.

8. User Obligations

Any User undertakes when using the Site to:

- not provide PRALUS with false, misleading or inaccurate information via the contact form;

- not provide PRALUS via the contact form with information that infringes the rights of third parties, and in particular any intellectual property rights of which it is not the owner;

- not provide PRALUS via the contact form with information or content contrary to the law, public order and good morals;

- not circumvent or attempt to circumvent, in any way whatsoever, the technical measures to protect the Site put in place by PRALUS;

- not commit via the Site, or attempt to commit, acts of fraud, in any form whatsoever;

- not introduce, or attempt to introduce, computer viruses or any other malicious software likely to disrupt the operation of the Site or reach PRALUS information systems.

In any event, the User is solely responsible for any damage to any person that may result from a failure to comply with the aforementioned obligations.

9. Convention on evidence

Each Party undertakes to recognize probative value equivalent to that of an original paper document:

- any document, information or electronic file exchanged between them through their electronic correspondence following a visit to the Site or the contact form made available to them via the Site. ;

- any stored computerized data relating to their pre-contractual relationship (information made available to the User, User needs expressed to PRALUS, etc.) such as their contractual relationship (date and content of emails, complaints issued, etc.) .);

- faxes, copies stating their pre-contractual relationship and their relationships arising under the terms of the T&Cs.

The Parties waive, except for proven computer fraud of the information systems used or willful human falsification, the right to rely on any unenforceability, inadmissibility or nullity of proof which would be reported using the aforementioned documents or information.

10. Hyperlinks

10.1. Outbound links

The Site may contain hypertext links to other sites on the Internet.

Links to these other resources may cause the User to leave the Site.

As these sites are not published by PRALUS, PRALUS would in no way be responsible for the content of the sites to which the User would thus have access.

10.2. Inbound links

PRALUS authorizes the creation of hypertext links to any page of the Site provided that the third party sites on which they are accessible have a link with the activity of PRALUS and that they are not likely to harm the image and reputation of PRALUS.

In all cases, PRALUS reserves the right to request the deletion of a link that it considers non-compliant with the purpose of the Site.

11. Intellectual property

The general structure of the Site and all its elements (such as brands, shapes, logos, domain names, photographs, images, texts) are the exclusive property of PRALUS and/or its partners.

The professional who took the photographs presented on the Site is Mr. Thierry Béguin from the studio Le temps qui passe (thieerybeguin5@gmail.com).

All of these elements are protected by laws relating to intellectual property, in particular by copyright.

Therefore, any User may only use these elements within the framework of these T&Cs.

Access to the Site does not confer any intellectual property rights to the User on the Site or on the elements composing it.

Any use or exploitation of the elements of the Site made in contravention of these T&Cs may give rise to the taking of any appropriate action at the initiative of PRALUS, in particular the taking of an action for infringement.

Also, the User is prohibited in particular:

- to distribute, disclose to the public, copy, reproduce, modify, create derivative works, disassemble, decompile, in particular by reverse engineering, any content or element of the Site without the express, prior and written consent of PRALUS or, where applicable, that of the third parties concerned;

- to transfer their identifiers to a third party or, more generally, to make the Site available to unauthorized third parties by any means whatsoever without the express, written and prior consent of PRALUS;

- disrupt or attempt to disrupt the proper functioning of the Site;

- to circumvent robot exclusion protocols or any other measures used to prevent or limit access to the Site;

- distribute viruses or other technologies likely to harm the proper functioning of the Site;

- to copy, modify or distribute content of the Site protected, in particular under copyright and trademark law;

- use bots, spiders, scrapers or any other automated process to access the Site for any purpose whatsoever, or to extract data, without the express prior written consent of PRALUS;

- to carry out data mining on the Site without prior written authorization from PRALUS;

In the event of a breach by the User of one of the aforementioned obligations, PRALUS reserves the right to assert its rights before the competent courts and to seek damages to compensate for its loss.

12. Liability

PRALUS does not grant any other express or implicit guarantee relating to the Site and its operation, including, in particular, any implicit guarantee of quality or suitability for a particular purpose.

The Parties acknowledge that the Site may contain errors and that not all errors are economically correctable or that it is not always necessary to correct them.

As such, PRALUS therefore does not guarantee that all possible anomalies or bugs on the Site will be corrected.

The commitments made by PRALUS within the framework of these T&Cs are obligations of means.

PRALUS can only be held liable for its fault proven by the User, and only for the direct and foreseeable damage which would be the direct consequence.

13. Modification of the T&Cs

PRALUS reserves the right to modify the T&Cs at any time.

Each use of the Site by the User constitutes acceptance of the latest version of the T&Cs published on the Site.

14. Personal data

The use by Users of the PRALUS Site involves the processing of personal data.

The User can read it in the PRALUS Privacy Policy accessible at the address at the footer of all pages of the Site.

15. Final stipulations

15.1. Securities

The titles appearing in these T&Cs are offered for convenience only and have no legal or contractual effect.

15.2. Nullity

If one or more stipulations of these T&Cs is held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force and their scope.

15.3. Non-waiver

The fact for one of the Parties not to take advantage of a failure by the other Party to fulfill any of the obligations referred to in these T&Cs cannot be interpreted for the future as a waiver of the obligation in cause.

15.4. Applicable law and attribution of jurisdiction

These T&Cs are governed by French law.

In the event of a discrepancy in interpretation of a translated version, only the French version hereof is authentic.

Any dispute or dispute arising from the validity, interpretation and/or execution of these T&Cs, which the Parties cannot resolve amicably, will be submitted to the courts having material jurisdiction.