CDG
These conditions of use of the Website (hereinafter the "Conditions of Use") and general conditions of sale (hereinafter the "General Conditions of Sale") define the rights and obligations of users of the Website (here - after the "User" or "Users") and customers of FRAGMENT, defined as any legal or natural person purchasing the products, including in particular plants, offered for sale by FRAGMENT on its Website (hereinafter the “Products”) and/or by its potential partners (hereinafter the “Clients” or the “Client”), regardless of any clauses to the contrary that may appear in their documents of any kind , over which they prevail.
Any transaction carried out with FRAGMENT implies the Customer's unconditional and unreserved acceptance of the Conditions of Use of the Website and the General Conditions of Sale, which are accessible on the Website and may be supplemented by specific conditions of sale. By placing a firm and definitive order for Products with FRAGMENT (hereinafter the "Order"), the Customer guarantees the veracity of all the information he has provided to FRAGMENT and acknowledges having read the Terms of Use and the Terms of Sales.
It is the Customer's responsibility to regularly consult the most recent version of the Terms of Use and the General Terms and Conditions of Sale on the Website, in particular to check whether any changes have been made. If the Customer does not fully or partially accept the Terms of Use of the Website or the General Terms and Conditions of Sale, he must not access the Website or place an order for the Products offered for sale there.
I - TERMS OF USE OF THE WEBSITE
Article 1 - Conditions of use of the Website.
Access to the FRAGMENT Website is reserved for any User who certifies that he is a capable adult in his country, state or province of residence, or that he has given his consent to allow any minor in his charge to use the FRAGMENT Website.
Article 2 - Accuracy of the information provided on the FRAGMENT Website
All of the information and content (texts, descriptions, videos, sounds, photographs, etc.) published on the FRAGMENT Website (hereinafter the “Contents”) are provided to Customers for information purposes only.
In the event that the Content is not accurate or no longer up to date, FRAGMENT will make the necessary corrections as soon as possible.
The Content published on the FRAGMENT Website being provided for information only, FRAGMENT cannot be held liable for any damage or prejudice suffered by the Client or any third party which may result from their inaccuracy or their obsolescence. Article 3 - Hypertext links
The FRAGMENT Website may include hypertext links that may redirect the User to third-party websites that are not affiliated with FRAGMENT. FRAGMENT is under no obligation to review or evaluate the content or accuracy of such websites and does not warrant or assume any responsibility for any content, website, products, services or other materials accessible from such hypertext links and on these third-party sites.
The information collected by FRAGMENT is neither sold nor shared with third parties without the Customer's prior consent. Any violation or non-compliance with these General Conditions of Sale and Use will result in the immediate termination of your Services.
Article 3 - Cookies
The proper functioning of the Website and the services offered by FRAGMENT requires the installation of connection cookies on the User's computer when connecting to record information relating to navigation (pages consulted, date and time of consultation , etc.) and their identity. The retention period for connection cookies installed by FRAGMENT is twelve (12) months. The User has the option of opposing the use of cookies by configuring his browser software. It is up to the User to take care of the configuration, at the risk of encountering difficulties in connection or navigation on the Website.
Article 4 - Responsibilities
FRAGMENT is bound by an obligation of means to ensure access to and proper functioning of its website to present and supply its products. However, the operation of the website depends on numerous technical parameters and FRAGMENT cannot exclude interruptions in the event of force majeure, failure of the host, bugs or viruses, or maintenance. FRAGMENT reserves the right to modify or temporarily interrupt access to the website without notice or compensation. FRAGMENT shall not be liable for any direct or indirect prejudice or damage suffered or incurred by the client, the user or any third party due to constraints linked to the host, maintenance, loss of data, loss of profit, damage to brand image, commercial problems, communication, erroneous information, loss of use of hardware or software, technical failures, fraudulent behavior, cancellation of payment, revocation of direct debit authorization , malicious interventions, telephone or internet connection problems, viruses, bugs, hijacking or computer hacking, compatibility problems, online delays, destruction of information, software malfunctions or equipment, failures or shortcomings of partners.
4.1. In the context of the use of the Website, the User will strive to comply in particular with the Laws and Regulations of national and community scope and will use the Website strictly in accordance with its technical specifications. The User specifically refrains from using the Website or its content: (a) for illegal purposes; (b) to induce others to perform or participate in any unlawful acts; (c) to violate any regional ordinance or any international, federal, provincial or state law, rule or regulation; (d) to infringe or violate our intellectual property rights or those of third parties; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against anyone based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or could be used in a way that impairs the functionality or operation of the Service or any other associated, independent website or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, hijack a domain, extort information from, browse, explore or scan the web (or any other resource); (j) for obscene or immoral purposes; or (k) to breach or circumvent the security measures of our Service, any other website, or the Internet.
In any event, FRAGMENT's liability can only be engaged, except in cases where the law provides for different terms, in the event of proof by the Customer or the User of negligence which will have been the direct cause and exclusive of the damage suffered and proven by the Client or the User. In the event that, under penalty of FRAGMENT refusing to take charge of the claim, whatever its liability, the Customer or the User must, within 48 hours of the date on which it became aware of this claim, except in the event of fortuitous event or force majeure, notify FRAGMENT by registered mail addressed to its head office located at 84 avenue Gambetta - 75020 PARIS, or by e-mail to: www.fragment.paris . In all cases, the maximum amount of sums which FRAGMENT could be liable for any reason whatsoever may not exceed the amounts guaranteed by its insurance.
4.2. In the context of the use of the Website, the User undertakes to comply in particular with the Laws and Regulations of national and community scope and to use the Website strictly in accordance with its technical specifications. In particular, the User is prohibited from using the Website or its content: (a) for illegal purposes; (b) to induce others to perform or participate in any unlawful acts; (c) to violate any regional ordinance or any international, federal, provincial or state law, rule or regulation; (d) to infringe or violate our intellectual property rights or those of third parties; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against anyone based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or could be used in a way that impairs the functionality or operation of the Service or any other associated, independent website or the Internet; (h)
In any case, the user agrees to protect, indemnify and defend FRAGMENT, without limitation of amount, against any claim or action of any individual or company against FRAGMENT, as well as against all direct consequences or indirect, financial or otherwise, resulting from the use of the FRAGMENT website and services. In the event of fraud characterized in the context of the use of the website by the user, FRAGMENT reserves the right to communicate all the necessary information to the competent bodies responsible for the repression of such fraud and offences.
II - GENERAL CONDITIONS OF SALE
Article 5 - Purpose and scope of the General Conditions of Sale.
The General Conditions of Sale exclusively govern the sale of products and services, if any, of FRAGMENT to its customers who are consumers and constitute, together with the Conditions of Use, the Online Order and the order form for the customer. legal person, the contractual documents binding on the parties, to the exclusion of all other documents, prospectuses, catalogs or photographs of the products which have only an indicative value. The Terms of Use and the General Terms and Conditions of Sale are attached to the order form (hereinafter the "Order Form").
Article 6 - Availability and opposability of the General Conditions of Sale.
The General Conditions of Sale are available for customers on the website where they can be consulted directly. They can also be communicated on request by mail addressed to the head office of FRAGMENT at the address 84 avenue Gambetta - 75020 PARIS, or by e-mail to: www.fragment.paris . The General Conditions of Sale are binding on customers who acknowledge having read and accepted them by ticking a box provided for this purpose on the website or by signing the Order Form for legal entity customers, before placing an order. The confirmation of the order by the customer on the website or by the signature of the Order form by the legal person customer, is worth complete and whole adhesion to the General Conditions of sale in force at the time of the order, which will be kept and reproduced by FRAGMENT in accordance with article 1127-2 of the civil code.
Article 7 - Products
7.1. Characteristics: The products offered for sale on the website are each subject to an optional description drawn up by FRAGMENT mentioning their essential characteristics. FRAGMENT strives to clearly show the characteristics (colors, images, dimensions, etc.) of its products on its website, but cannot guarantee their perfect conformity, in particular due to the computer equipment used by the customer and the display resulting. FRAGMENT reserves the right to modify or delete at any time, without notice or prior information to the customer, any content published on its website. The photographs illustrating the products are not contractual.
7.2 . Instructions for use: The instructions for use of the product are mentioned on the website or communicated to the customer at the latest on delivery, if it is an essential element.
7.3 . Compliance: The products comply with the legal requirements in force relating to the safety and health of persons, the fairness of commercial transactions and the protection of consumers at the time of their placing on the market. 9.4. Availability of stocks: The products are offered and/or delivered by FRAGMENT within the limits of available stocks.
FRAGMENT reserves the right, but is not obligated to do so, to restrict, on a case-by-case basis if necessary, the sales of certain of its products or services to any person, and in any geographical area or jurisdiction, as well as the quantities of its products or services.
Article 8 - Offer
8.1. Scope: The online sales offers presented on the Website are reserved for Customers residing in France and/or in a member country of the European Union and for deliveries in these same geographical areas.
8.2. Duration: The online sales offers presented on the Website are valid, in the absence of indication of a particular duration, as long as the products appear there, within the limits of available stocks.
8.3. Acceptance: The acceptance of the offer by the Customer is validated by the confirmation of the online Order in accordance with the double-click process, or by the signing of the Order form by the legal entity Customer.
Article 9 - Order
9.1. Accuracy of information: The Customer, who certifies that he is a capable adult in his country, state or province of residence, or that he has given his consent to allow any minor in his charge to use the Website, undertakes to provide FRAGMENT with all the information necessary to benefit from the FRAGMENT products offered on its Website and in particular its first and last names or company name for legal persons, telephone numbers, e-mail address, postal address, which must be accurate, complete, true and current. In the event that the Customer provides false, inaccurate, obsolete or incomplete information, FRAGMENT reserves the right to suspend the Order being processed or to cancel it without delay, without informing the Customer beforehand.
9.2. Steps of the Order for Customers who are natural persons: To place an order, the Customer, after having provided information relating to his identity, delivery and method of payment and filled his virtual basket indicating the products chosen and the quantities desired, then double-click on the “Order” button to validate the purchase. Before pressing the "confirm purchase" button, the Customer has the opportunity to check the details of his purchase and its final cost and to return to the previous pages to correct any errors or potentially change his purchase. An electronic message certifying receipt of the purchase and its payment is sent to the Customer by FRAGMENT as soon as possible.
9.3 . Purchase steps for legal entity Customers: To place an order, the legal entity Customer can go to the page dedicated to companies ( https://www.fragment.paris ) and/or send an email to address bonjour@fragment.paris to be contacted by a FRAGMENT employee. Following this interview during which the Customer will specify his needs, FRAGMENT will send him a summary estimate of the purchase, as well as an Order Form containing a detailed description of the products, their price including costs, the terms and delivery, and to which are attached the Conditions of Use and the General Conditions of Sale. FRAGMENT will not be bound by the purchase until the legal entity Customer has signed the Order Form, the Conditions of Use and the General Conditions of Sale, which must be returned to FRAGMENT by post addressed to its registered office located at 84 avenue Gambetta - 75020 PARIS or by email at www.fragment.paris
9 .4 Dimensions: FRAGMENT undertakes to respect the packaging and dimensions provided for information on the Website when ordering the products concerned as far as possible.
9.5 . Validation and acceptance of the Order: Validation of the Order by the Customer on the Website using the double-click process, or by signing the Order Form by the legal entity Customer, constitutes pure and simple acceptance of the customization of the Product. by the customer. By validating the Order, the legal entity Customer certifies sincere and true all the information that it has communicated to FRAGMENT. FRAGMENT reserves the right to refuse any Order for legitimate reasons, in particular if the quantities of Products ordered are abnormally high for Customers who are consumers. In the case of characterized fraud (falsification, concealment, etc.) or suspicion of fraud, FRAGMENT is authorized to communicate all the necessary information to the competent bodies responsible for the repression of said fraud.
9.6 . Modification of the order: Any modification of its Order by the Customer after validation is subject to acceptance by FRAGMENT, which reserves the right to refuse the modification requested by the Customer. FRAGMENT reserves the right to make changes to the Product ordered that are linked to technical developments under the conditions provided for in Article R. 212-4 of the Consumer Code.
Article 10 - Contract
10.1. Conclusion: The sales contract is formed at the time of validation of the Order by the Customer (hereinafter the "Contract"). 12.2. Archiving and proof: The archiving of communications and invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with article 1360 of the civil code. These communications and invoices may be produced as proof of the Contract.
10.3 . Resolution: The Order may be resolved by the Customer by registered letter with acknowledgment of receipt or in writing on another durable medium in the event of: - delivery of a Product that does not comply with the declared characteristics of the Product; - delivery exceeding by more than 15 calendar days the delivery date provided as an indication to the Customer at the time of the Order or, in the absence of such a date, within thirty days following the conclusion of the Contract, after the FRAGMENT has been ordered to make delivery within a reasonable additional time; - a price increase that is not justified by a technical modification of the product imposed by the public authorities. The resolution of the order can be carried out by FRAGMENT in the following cases:
- reimbursement of the customer for the non-receipt of the product;
- non-payment of the price upon delivery of the product. The cancellation of the order will be pronounced by simple registered letter with acknowledgment of receipt or by email and will be automatically acquired without legal formality.
Article 11 - Rates and invoicing
11.1. Sale prices: The sale prices, in accordance with Article L. 112-1 of the Consumer Code, are indicated, for each of the products appearing on the website, in euros, all taxes included, excluding delivery costs and transport mentioned before validation of the order and invoiced in addition if necessary. The total amount owed by the customer is indicated on the order confirmation page or on the order form for the legal entity customer. In the event of a promotion, FRAGMENT undertakes to apply the promotional price to any order placed during the promotion period and the duration of the related advertising.
11.2 . Modification: FRAGMENT reserves the right to modify its prices at any time, while guaranteeing the customer the application of the price in force on the day of the order.
11.3 . Costs: The additional costs of transport, delivery or postage, of which the customer was able to become aware before the order, are the responsibility of the latter. Costs that cannot reasonably be calculated in advance are also payable.
11.4 . Invoicing: FRAGMENT invoices are sent by email to the customer in electronic format. The customer must therefore have access to the internet and have a valid e-mail address. It will be the client's responsibility to notify FRAGMENT of any change in his e-mail address in order to be able to receive his electronic invoice by e-mail. The electronic invoice will be the legal document justifying the call for payment issued by FRAGMENT. It is given to the customer the possibility, on his request, to opt for a paper invoicing which will be sent to him by post.
Article 12 - Rules
12.1. Obligation to pay: The cost including VAT, increased in particular by transport costs, is payable in full after confirmation of the Order. Excluding the amounts paid which are reimbursed in the event of unavailability of the product ordered under the conditions provided for in Article
12. 4 of the General Conditions of Sale, any sum paid in advance of the price shall produce interest at the legal rate at the end of a period of three months from payment until delivery of the product or, failing that, , to the return of the amount paid for the Order. For the Customer who is a natural person, payment of the full cost is made immediately upon placing the Order by bank card via FRAGMENT's secure online payment system, by direct debit or bank transfer. For legal entity customers, payment is made by bank card via FRAGMENT's secure online payment system, by direct debit, or by bank transfer. The Customer must pay a first installment of 50% of the total cost including tax, costs included, on the Order, then the balance of the cost on delivery of the products. The Customer agrees not to use the grounds of a claim against FRAGMENT to defer payment for the product(s) ordered, or to claim compensation or compensation.
12.2 . Additional payment: Prior to the conclusion of the Sales contract, FRAGMENT ensures the Customer's express consent for any additional payment in addition to the cost of the main object of the contract. In the event that the additional payment results from the Client's consent given by default, i.e. in the absence of express opposition on his part to payment options that he has not requested, the Customer may claim reimbursement of the amounts paid for this additional payment.
12.4. Failure to pay: FRAGMENT reserves the right, when the price is not paid in full on the due date, either to request the execution of the sale, or to terminate the Contract by simple registered letter with request for advice. of receipt and retain, as compensation, any down payment made by the Customer for the Order.
12.5. Retention of title clause: FRAGMENT remains the owner of the Products sold until full payment of the price and the Customer undertakes, as long as the property is not transferred to him, to take all the necessary precautions for the proper conservation of the products.
Article 13 - Delivery
13.1. Definition: Delivery means the transfer to the Customer of physical possession or control of the Product.
13.2. Delivery time: FRAGMENT will use its best efforts to respect the delivery times indicated during the Order for each of the products, which are given for information only and without assurance. This lack of guarantee is due in particular to the availability of the FRAGMENT teams and the carriers responsible for delivering the Products. Delays attributable to FRAGMENT, to the carrier in charge of the delivery or to a third party cannot in any case justify the cancellation, modification or postponement of the order or other orders already confirmed, nor give rise to a request for price reduction, penalties or damages of any kind. Any modification of an Order in progress may result in an extension of delivery times.
13.3. Delivery time: If the product ordered is not delivered within 15 days following the agreed delivery date or the expiry of the time limit mentioned in the Order, the Customer may, after having unsuccessfully requested FRAGMENT to perform its obligation to delivery within a reasonable additional period, terminate the contract by registered letter with acknowledgment of receipt or in writing on another durable medium.
13.4. Methods of transport: The products are sent to the address indicated by the Customer when placing the Order, or to a relay point. When the product is delivered to the address indicated by the Customer by a carrier, it is the Customer's responsibility to check, in the presence of the delivery person, the condition of the delivered product and, in the event of damage or missing items, to make reservations on the delivery note or on the delivery receipt.
13.5. Conformity of the article: If the product does not conform to the Order, the Customer must send a complaint to FRAGMENT in order to obtain the replacement of the product or possibly the resolution of the sale.
13.6. Failure to deliver: The total failure to deliver results in the automatic resolution of the sales contract and results in the reimbursement to the Customer of the sums paid, unless the failure to deliver results from his doing.
13.7. Delivery and transfer of risks: The risks of loss or damage to the products are transferred to the Customer when he or a third party he has designated takes physical possession of the goods, without distinction according to its nature. The product, which is delivered to the Customer by a carrier according to the option chosen, travels at the risk and peril of the Customer from the delivery of the goods to the carrier.
13.8. Retention of title: Ownership of the product is transferred to the Customer upon full payment of the sale price and related costs.
Article 14 - Legal guarantee of conformity and guarantee against hidden defects
14.1. Customer information: All items supplied by FRAGMENT benefit from the legal guarantee of conformity provided for in articles L. 217-4 and following of the consumer code and/or the guarantee against hidden defects provided for in articles 1641 and following of the civil code .
14.2. Implementation of the legal guarantee of conformity: If the Customer wishes to implement the legal guarantee of non-conformity, he must send FRAGMENT a letter to its head office located at 84 avenue Gambetta - 75020 PARIS or an e-mail to www.fragment.paris
When acting as a legal guarantee of conformity, the Customer:
- has a period of two years from delivery of the property to act;
- can choose between the repair or the replacement of the good, subject to the conditions of cost envisaged by the article L. 217-9 of the code of consumption;
- is exempted from providing proof of the existence of the lack of conformity of the goods during the twenty-four months following the delivery of the goods.
14.3. Implementation of the warranty against hidden defects: The Customer may decide to implement the warranty against hidden defects of the Product sold within the meaning of article 1641 of the Civil Code. In this case, he can choose between the cancellation of the sale or a reduction of the sale price in accordance with article 1644 of the civil code.
Article 15 - Protection clauses
15.1. Exculpatory clause: The exculpatory or restrictive clauses of the rights granted to Customers under the legal protections, which are deemed unwritten when they are concluded before any claim on their part, are valid when they are concluded after a claim under the article L. 241-5 of the consumer code.
1 5 .2. Law applicable to the protections: The French law applicable to the Contract cannot have the effect of depriving the Customer residing in another Member State of the provisions on the protections granted to him by his national law in application of the directive of May 25, 1999 concerning the sale and protection of consumer goods.
Article 19 - Commercial protection of herbaria
In accordance with Article L. 217-15 of the Consumer Code, FRAGMENT guarantees the compliance of the herbaria with their description on the Website and the absence of defects for a period of three (3) months from their delivery. The Customer understands that this protection concerns only the herbariums and not the pots. In the event of non-compliance or defects in the herbarium purchased by the Customer, FRAGMENT undertakes to replace it free of charge, subject to the availability of stocks and, in the event of unavailability, to offer a herbarium from the range equivalent.
After the aforementioned period of three (3) months and up to six (6) months from the Order, the Customer will also have the option of purchasing a "refill" herbarium from an equivalent range at a reduced price using the promotional code provided at the request of FRAGMENT customer service, according to the prices in effect at the time of the Order, and subject to the availability of stocks. Independently of the commercial protection, FRAGMENT remains bound by the legal protection of conformity mentioned in articles L. 217-4 and following of the consumer code and that relating to the defects of the thing sold, under the conditions provided for in articles 1641 to 1648 and 2232 of the civil code. Article
19.1 - Commercial protection on herbaria.
In the event of damage caused by a product safety defect, the Customer must seek the liability of the manufacturer identifiable from the information mentioned on the packaging of the Product.
In all cases of omission of its obligations by the Customer, all sums paid with the order remain acquired by FRAGMENT by way of compensation.
Article 21 - Liability
FRAGMENT cannot be held liable in the event of omission or poor performance of the Contract due either to the fault of the Customer, or to the insurmountable and unforeseeable fact of a third party to the Contract, or to force majeure. FRAGMENT cannot be held liable for non-compliance of the Products with the legislation of the Customer's country, which is responsible for verifying whether the product is not illegal for sale in his country. The Customer alone assumes the risks and perils resulting from the use of the Products ordered on the Website and assumes full responsibility. FRAGMENT cannot be held liable for any damage or prejudice suffered by the Customer or any third party that may result from the use of Products ordered on the Website. Consequently, the Customer undertakes to guarantee, indemnify and relieve FRAGMENT, without limitation of amount, against any claim or action by any natural or legal person against FRAGMENT, as well as their direct or indirect, financial or no, due to the use of the Products ordered on the Website and, in general, due to non-compliance with the obligations to which the Customer is bound under the terms in particular of the General Conditions of Sale or the Conditions of Use of the Website .
Article 22 - Right of withdrawal
22.1. Application of the right of withdrawal (except for goods likely to deteriorate or expire rapidly such as herbaria): When the Customer has the quality of consumer within the meaning of consumer law, he has a period of 14 days from receipt of the purchased product, to exercise their right of withdrawal in accordance with Article L. 221-18 of the Consumer Code. To exercise his right of withdrawal, the Customer must send FRAGMENT a letter addressed to its registered office located at 84 avenue Gambetta - 75020 PARIS or an e-mail to www.fragment.paris of his decision to withdraw from the Contract by means of a unequivocal statement.
From the notification of the Customer's withdrawal decision, the latter has 14 days to return the Items, at their own expense, accompanied by the corresponding invoice and the withdrawal form duly completed and signed. Only products will be accepted in new and complete condition (with instructions and accessories if applicable), returned in their original packaging. For the return of the unsuitable product(s), the Customer will choose the carrier of his choice and will be responsible for the packaging and the protective measures necessary for the delivery of the package, in order to avoid any risk of degradation. To this end, it is essential that the Customer keep the Items to be returned in their original packaging and in the condition in which they were delivered.
Any request for reimbursement can only be taken into account after receipt of the Items returned to FRAGMENT and subject to their good condition. Items returned incomplete, damaged, soiled by the Customer or falling within the cases of non-application of the right of withdrawal, cannot be subject to a right of return. Any return must be notified to FRAGMENT beforehand by letter addressed to its registered office located at 84 avenue Gambetta - 75020 PARIS or by e-mail at www.fragment.paris .
22.2. Refund: Once the Item has been returned and deemed compliant by FRAGMENT, the refund will take place within a maximum of 14 days with deduction of any transport and insurance costs, following the first of the following events (article L.121-24 of the consumer code): - The return of the package to the initial place of shipment - The transmission by the Customer of the proof of shipment of the return: name of the carrier, tracking number and validation of the management of the package by the carrier. The method of reimbursement will be identical to the method of payment for the order concerned. The reimbursement will take place within 14 days. The Customer may also choose to keep the amount of his order in the form of a credit note on simple request from Customer Service.
22.3. Non-application of the right of withdrawal: The right of withdrawal cannot be exercised in particular for the following cases (article L121.21.8 of the consumer code): Perishable items or items that can deteriorate quickly (flowers, herbarium, food, etc. ) - Items made to Customer specifications or clearly personalized.
Article 23 - Optional tools and services FRAGMENT may offer via its website access to third-party tools, products or services over which FRAGMENT exercises no monitoring or control, and for which the Client fully assumes the risks and the consequences resulting from their use. FRAGMENT cannot be held responsible for any damage or harm suffered by the Customer or any third party that may result from the Customer's use of third-party tools or services. Since FRAGMENT is not involved in one way or another in the relationship between the Customer and any third party, the latter are solely responsible for any difficulties, claims and disputes that may arise between them. Consequently, the Customer undertakes to protect, indemnify and release FRAGMENT, without limitation of amount, against any claim or action by any natural or legal person against FRAGMENT, as well as their direct or indirect consequences, financial or no, due to the Customer's use of third-party tools or services.
Article 24 - Comments, suggestions and other proposals from users of the Website and Customers.
If the User of the Website or the Client submits specific content to FRAGMENT, such as, without this list being exhaustive, innovative ideas, sounds, videos, photographs, suggestions, proposals, plans or other elements, whether online, by e-mail or by post (hereinafter the "Comments"), the User of the Website or the Client authorizes FRAGMENT, at all times, without financial compensation or restriction, to use their Comments, alter them, edit them, copy them, publish them, distribute them, translate them and use them in any media. The User of the Website and the Customer will ensure that their Comments do not infringe the rights of third parties and do not contravene the Laws and Regulations in force, of national, community and international scope, as well as Public Order. and good morals.
The user of the Website and the Customer are prohibited in particular from all comments of an illegal, pornographic, xenophobic, racist nature or relating to any proselytism relating to sectarian movements as denounced in the parliamentary report "Sects in France". , or considered as representing a sectarian risk for State services, this list not being exhaustive. Although no moderation is imposed by FRAGMENT, FRAGMENT nevertheless reserves the right to delete, without notice or prior information, any comment that contravenes its General Conditions of Sale and/or its Conditions of Use for its Website. . FRAGMENT may not be held liable for any prejudice whatsoever resulting from the comments of the user of the Website and the Client, who undertake to guarantee, indemnify and relieve FRAGMENT, without limitation of amount, against any claim or action of any natural or legal person against FRAGMENT, as well as their direct or indirect consequences, financial or otherwise, as a result of their comments and their possible publication on the Website or on any other medium.
Article 25 - Intellectual property
All elements of the Website, whether visual or audio, trademarks, logos, graphics, photographs, animations, videos, texts or any other published content, including its structure and tree structure, as well as databases and the technology composing it or enabling its operation and/or use, are the exclusive property of FRAGMENT or are licensed to it for use and benefit from the protection of the Intellectual Property Code. The use for commercial purposes of the content of this site is expressly prohibited. All of the products being protected by copyright, trademark law and patent law, they may not be reproduced, copied, diverted, used, marketed or represented without the express prior authorization of FRAGMENT, and any reproduction, use or distribution of these elements, without prior written authorization, expose the offenders to legal proceedings. Article 26 - Subcontracting and assignment of the Contract FRAGMENT reserves the right to delegate all or part of its obligations resulting from the Contract to any third party of its choice, without the Customer being informed.
III/ PROVISIONS COMMON TO THE TERMS AND CONDITIONS OF SALE AND TO THE CONDITIONS OF USE OF THE WEBSITE
Article 26 - Inescapable force.
FRAGMENT's obligations will be interrupted in the event of the occurrence of any incident beyond its control which prevents or delays the performance of its obligations, assimilated to unavoidable force. FRAGMENT will not be responsible for the total or partial non-execution of its obligations, if this non-execution is caused by an incident constituting an unavoidable force, that is to say, unforeseeable, irresistible and beyond the control of the parties. . Incidents of interruptions, breakdowns, sabotage of the means of communication, fires, floods, wars, strikes, lockouts, epidemics, health crises, delays in delivery by suppliers will be held to be cases of unavoidable force, even if they are only partial and whatever the cause, which the Customer expressly accepts. FRAGMENT will thus be released from its obligations for the duration of the incident. If applicable, FRAGMENT will inform the Customer by e-mail at the latest within 7 working days of the occurrence of the said incident of unavoidable force and will indicate the duration and the foreseeable consequences and will make every effort to limit the scope. The performance of the obligations will resume its normal course as soon as the incident constituting an unavoidable force has ceased. Beyond a period of one (1) month of suspension due to unavoidable force, FRAGMENT will be definitively released from its obligations and exonerated from any liability resulting from the unavoidable force thus suffered.
Article 27 - Modification of the Terms and Conditions of Sale and the Conditions of Use of the Website.
FRAGMENT reserves the right to modify all or part of the Content published on its Website, its Terms and Conditions of Sale and its Conditions of Use for its Website, which the Customer already accepts.
Article 29 - Withdrawal
It is formally agreed that any indulgence or abandonment by FRAGMENT, in the application of all or part of the commitments provided for in the Contract and its General Conditions of Sale and Conditions of Use of its Website, whatever the frequency and duration, can not be considered as modification, nor generate any right.
Article 30 - Partial invalidity and nullity
The invalidity or inapplicability of any of the stipulations of the General Conditions of Sale or the Conditions of Use of FRAGMENT will not nullify the other stipulations, which will retain all their force and scope. In the event that one or more stipulations of the General Conditions of Sale or Conditions of Use of FRAGMENT are declared null or inapplicable pursuant to a law, regulation or following a court decision that has become final , the other stipulations of the said Conditions will continue to apply under the same terms and conditions.
Article 31 - Language, applicable law and competent jurisdiction
The Conditions of Use of the Website, the General Conditions of Sale as well as all the contractual information mentioned on the Website are written in French. The Contract, the General Conditions of Sale and the Conditions of Use of the Website are subject to French law. For any dispute between the Parties, jurisdiction is assigned to the Commercial Court of Paris (75) which will have sole jurisdiction regardless of the cause, nature and place of the dispute, even in the case of a warranty claim and multiple defendants. The competent Court will be that of the place of domicile of FRAGMENT notwithstanding the cause, the nature and the place of the dispute, even in the case of appeal in guarantee and of multiple defendants.
Article 32 - Entire Agreement
The General Conditions of Sale and the Conditions of Use of the Website, any special conditions or any other contractual document published by FRAGMENT on its Website constitute the entire Contract between FRAGMENT and the Customer.
