GENERAL TERMS OF USE AND LEGAL NOTICE
These general terms of use and legal information are intended for anyone consulting the website accessible at DEARBBALL.FR and/or having created a personal user account on the website accessible at DEARBBALL.FR
These general terms of use and legal information apply to the entire site.
If applicable, and notably in the context of online product sales, the General Terms and Conditions of Sale will also apply.
The following definitions are recalled beforehand:
- Site: a set of web pages and resources linked by hyperlinks, defined and accessible by a web address.
- User: refers to any person who accesses and browses the Site either as a simple internet user or as a Client.
-
Legal Notice, Publishing and Hosting of the Site
The website, accessible at the address DEARBBALL.FR, is owned, published, and operated by:
SAS OR’IZON
With a share capital of €20,000
Having its registered office at 17 rue de Reitwiller, Gimbrett, 67370 Berstett
Registered with the Strasbourg Trade and Companies Register
Under number 883 838 088 R.C.S.
Hosting
The Company's site is hosted by Shopify
-
Usage of the Site
The User is prohibited, in the context of using the site, from engaging in acts of any kind that would be contrary to the Law, harm public order, or infringe on the rights of the Professional or third parties. In particular, without this list being exhaustive, the User agrees, in their use of the site, to respect the following rules:
- to provide accurate information during registration and while using the site;
- not to use a false identity with the intent to deceive others;
- to comply with applicable laws and respect the rights of third parties, as well as these contractual terms;
- to use the Sites fairly, exclusively for their professional purpose, and in accordance with legal, regulatory provisions and current practices;
- to respect the intellectual property rights related to content provided by DEARBBALL and other Users, as well as the intellectual property rights of third parties;
- not to distribute data, information, or content that is defamatory, insulting, obscene, offensive, violent, or inciting violence, or of a political, racist, or xenophobic nature, and more generally any content that would be contrary to applicable laws and regulations or to good morals;
- do not use the provided services to send mass unsolicited messages;
- do not collect information about third parties, including email addresses, to use them for sending commercial solicitations or equivalent, or to include them in a referencing service or equivalent, free or paid, or to conduct competitive intelligence.
In case of a breach by a User of one or more of these rules, DEARBBALL reserves the right to suspend and/or unilaterally terminate the registration and delete the disputed content and messages, temporarily or permanently, without any compensation.
-
Intellectual Property
The Site, its content, and all its components are protected under intellectual property law.
DEARBBALL is the owner or rights holder (having lawfully acquired them from third parties) of all elements composing the site, such as trademarks, logos, texts, photographs and images, graphics, video, audio and animation data, software, source codes, and databases.
The User is authorized to view the site and use its elements only for personal and private purposes and strictly for consulting the said Sites, excluding any public viewing or distribution.
Any reproduction, representation, distribution, or exploitation of any of the aforementioned elements, by any means whatsoever and without the prior written authorization of DEARBBALL, is strictly prohibited and constitutes an infringement punishable under the Intellectual Property Code.
The reproduction authorization granted to the User is only in digital form for the purpose of browsing the site and viewing pages opened by the User's web browser.
Printing any part of the site on paper is permitted for private copying purposes, exclusively for the copier's personal use as defined in Article L. 122-5-2 of the Intellectual Property Code.
The DEARBBALL website is an intellectual creation protected by Intellectual Property Law.
The trademarks, designs, models, photographs, texts, illustrations, logos, animated or non-animated sequences, sound or non-sound, graphics, appearing on this site are the exclusive property of DEARBBALL or its subsidiaries.
No usage rights may be granted on any intellectual property rights featured on the site. DEARBBALL reserves the right to pursue any infringement of its intellectual property rights.
Any use, full or partial reproduction/representation, adaptation, or modification of the Site or any of its components, of any kind, and on any medium
-
Liability
Access to all or part of the site may be interrupted or suspended by DEARBBALL for maintenance and/or corrective actions and difficulties related to electronic communication networks.
As a result, DEARBBALL cannot be held responsible for interruptions and suspensions of access to the Sites, errors and bugs, the presence of viruses or other computer infections, fraudulent intrusion by a third party resulting in modification of the information made available on the Site, as well as their consequences for the User and more generally for any direct or indirect damages, regardless of their causes, origins, nature, or consequences, caused by access to the site or the inability to access it, as well as the use of the site and/or the credit given to any information coming directly or indirectly from it.
The establishment of hyperlinks to all or part of the site is strictly prohibited without prior written authorization from DEARBBALL.
DEARBBALL cannot be held responsible for the content, data, products, and various information offered through websites linked via hyperlinks. In particular, DEARBBALL disclaims all responsibility related to websites whose data do not comply with current legal and regulatory provisions.
DEARBBALL makes every effort to ensure the reliability, accuracy, and updating of the information provided on its site; however, all information accessible through its site is provided as is. DEARBBALL gives no explicit or implicit guarantees and is not responsible for the accuracy, errors, or omissions contained on its site.
The User alone is responsible for the use of such information.
DEARBBALL cannot be held responsible for any damage, whether direct or indirect, regardless of the causes, origins, nature, or consequences, caused by anyone’s access to the site or the inability to access it, as well as the use of the site and/or credit given to any information coming directly or indirectly from it.
The User agrees not to transmit any information on this site that could result in civil or criminal liability and undertakes not to disclose illegal, public order-violating, or defamatory information via this site.
External sites linked to this site by a hyperlink are not under DEARBBALL’s control, which therefore disclaims all responsibility for their content. These links to other sites do not constitute, under any circumstances, an endorsement or partnership between the Company and those sites, which are subject to their own terms of use and privacy policies.
-
Written communications from and onthe site
In addition to browsing the various sections of the site, the User has the option, on said site, to place orders for products offered for sale by DEARBBALL.
As specified in the current General Terms and Conditions of Sale, in the event of an order by the User, then considered a Customer, they must first have created a customer account using the provided form.
The requested information followed by an asterisk must be filled in, and the User must be of legal age, that is, at least 18 years old; otherwise, no customer account can be created.
The User is responsible for all data, content, and information they have uploaded as well as any content they have provided. The User acknowledges that DEARBBALL does not exercise prior control over said content and data and has no general obligation to monitor the data and content of Users stored and distributed via the Site.
The User acknowledges that, in the event of a report by another User, DEARBBALL may remove published content that appears to violate the provisions set forth in this paragraph.
By submitting any notice or comment, the User grants, free of charge, the rights of use (reproduction, representation, distribution, adaptation, and translation rights in particular) to DEARBBALL, which may publish it in whole or in part on the Site and also exploit it in whole or in part, on any medium and for any purpose.
-
Changes to the Terms of Use / applicable law and jurisdiction
DEARBBALL may modify the terms of these Terms of Use at any time. These changes bind the User as soon as they are posted online. It is therefore recommended that the User regularly consult the Terms of Use to be aware of these new conditions.
Non-compliance by the User, regardless of their location, with any of the provisions of these Terms of Use and more generally any difficulty related to their execution, interpretation, or validity, is subject to French law and French courts.
-
Information about cookies:
As indicated in the Site's cookie management policy, a cookie is information placed on an internet user's hard drive by the server of the site they visit. It contains several data points: the name of the server that placed it, a unique numeric identifier, and possibly an expiration date. This information is sometimes stored on the computer in a simple text file that a server accesses to read and record information.
The customer is free to choose, during their first connection, whether they want cookies to be placed on their hard drive.
The customer can choose at any time to express and modify their cookie preferences by the means described below.
The customer can configure their web browser so that cookies are either saved or rejected, either systematically or based on their issuer.
The customer is invited to visit their web browser's website to learn more about this subject.
- Possible communications
The customer has the right at any time to withdraw their consent to receive marketing communications from DEARBBALL, including service emails following an order or Newsletters.
