General conditions of use

NOVAEPROVENCE.FR

Version in effect as of 09/21/2022

Customer: User who has placed an order.
Data: All information provided by the User, including that provided when ordering where applicable, under their full and entire responsibility and appearing on the servers administered by THE COMPANY
Products: All products sold on the site www.novaeprovence.fr .
Services: Refers to all services provided by the company LA SOCIETE to a user and available on the website www.novaeprovence.fr.

I/ GENERALITIES

1.1. Legal identifications

The website www.novaeprovence.fr is published by the company

NOVAE PROVENCE SAS with capital of €10,000, registered in the Aix-en-Provence trade and companies register under number 852 076 892, represented by Stéphanie PENELON, president.

1.2. Scope of application

These general terms and conditions of use of the services (hereinafter the "GCU") apply to any start of use of the Site published by the company NOVAE PROVENCE SAS (hereinafter referred to as "THE COMPANY"), by users (hereinafter referred to as "Users"), whether the latter are individuals or professionals, regardless of the clauses that may appear on the User's documents, unless expressly accepted in writing by THE COMPANY. The fact that THE COMPANY does not assert, at a given time, any of these clauses cannot be interpreted as a waiver of the right to assert any of the said conditions at a later date.

1.3. Acceptance

These T&Cs are expressly approved and accepted by the User, who declares and acknowledges having perfect knowledge of them, and therefore waives the right to rely on any contradictory document and, in particular, his own general terms and conditions of purchase. These T&Cs are enforceable for the entire duration of use of the services offered on the Site and until new T&Cs replace these.

1.4. Developments

THE COMPANY reserves the right to modify these T&Cs, depending on the technical development of the Site www.novaeprovence.fr or its Service offerings, or due to changes in legislation, at its sole discretion. Generally speaking, use of the Site is always subject to the most recent version of the T&Cs posted on the Site and accessible to the User at the time of such use. It is the User's responsibility to consult the T&Cs on the Site as often as necessary.

1.5. Definitions

The terms defined below, whether in the singular or plural, will have the following meanings in these T&Cs:

Site: the website located at the URL address www.novaeprovence.fr .
User: any natural person visiting the Site, including Customers and simple Visitors.
Visitor: any natural person who has not yet placed an order on the Site and who comes to consult it.

2.1. Purpose – General Description of the Services

II/ APPLICATION OF THE GENERAL CONDITIONS OF USE WWW.NOVAEPROVENCE.FR

These General Conditions of Use define the conditions of access to the site www.novaeprovence. fr ., as well as the terms of use of its features. The User undertakes by simply accessing the Site to comply without reservation with all of these General Conditions. This measure applies a fortiori to any User benefiting from the paid or free services of the Site and who may not benefit without prior and express acceptance. The use of the Services implies that the User has an Internet connection and adequate computer equipment, the costs of which are independent of the Service offered by THE COMPANY. As part of the use of the Services, THE COMPANY may be required to send the User who has placed an order a certain amount of information (newsletter, emails, etc.). This information being an integral part of the subscription to the Services, it cannot be refused except in the event of the User subsequently unsubscribing. The User undertakes not to attempt to access the Services by means other than the interfaces provided by THE COMPANY for this purpose.

2.2. Territories

This Site is open to all countries in the world, the delivery of Products is made only in France (Metropolitan), Europe and French Overseas Territories. In the event that this Site, the services it offers or the manner in which they are offered are, in whole or in part, illegal with regard to the national law of residence of the User, it is up to the latter to renounce accessing it from this territory or to access it from other territories where they are deemed legal. The User who chooses to access the platform www.novaeprovence.fr from a territory where it is deemed to be wholly or partly illegal, does so on its own initiative, at its own risk and peril, and it is its responsibility to assume the consequences of the application of the public order rules of its country of residence, without attributing responsibility to THE COMPANY.

III/ USE OF THE SITE

3.1. Subscription to the Services

Users are the sole subscribers to the Services under these terms. Subscription to the Services provided by THE COMPANY via the platform www.novaeprovence.fr is done online on the site www.novaeprovence.fr at the end of the process of entering the User's personal information provided in the order forms. To this end, the User undertakes to fill in all the input fields appearing in the order forms in good faith, namely in particular his/her email address and delivery address. The User declares to be fully informed that only the fields followed by an asterisk are mandatory and are a condition of his/her access to the Services. Nevertheless, he/she undertakes to fill in in good faith, in addition to the required fields, all the fields that he/she has voluntarily filled in, an indicative list of which is provided above. THE COMPANY reserves the right to refuse a request for registration on the platform from any natural person who does not agree to comply with the T&Cs or who does not fill in the mandatory fields in full or in good faith or who does not provide all of the documents that may be requested. When registering, the User certifies:

- Freely dispose of one's consent

3.2. General Description of the Services

The Site offers Users a service for purchasing, secure payment and delivery of natural cosmetic products.

3.3. Customer Account

3.3.1. Provision

After acceptance of the offer by the Customer, THE COMPANY will automatically create an account in the Customer's name and send them an e-mail containing their login details, namely their e-mail address and a randomly chosen password. Customers can access their personal Customer Account by activating the login details (e-mail address and password sent by THE COMPANY ), which are activated as soon as THE COMPANY configures their Customer Account. It is the Customer's responsibility to check the validity of the e-mail address provided in the Product order form, since this e-mail is an element of identification of the Customer Account. In the event of an incorrect e-mail address, the Customer may not be able to access their account, without THE COMPANY being liable for this. It is up to each Customer to modify the confidential code transmitted by THE COMPANY when creating their Account and to ensure that their code is made up of letters and numbers of sufficient length.

3.3.2. Responsibility for connection settings

Each Customer is required to maintain the confidentiality of their connection parameters (login and password). They are responsible for all their uses, whether or not they have actually or expressly authorized them. The Customer is prohibited from assigning, lending or transferring their connection parameters to any third party or from allowing any third party to connect to their account.

The Client further undertakes to:

- immediately notify THE COMPANY in the event of misuse of its connection parameters or its account or in the event of any other breach of its security

- ensure that you have properly exited your account at the end of each user session via the “Logout” link provided for this purpose.

3.3.3. Content of the Customer Account

It is specified that THE COMPANY does not hold any property rights over the data or information that the Customer submits to the Service when using it (the "Data"). The Customer is solely responsible, and not THE COMPANY, for the accuracy, quality, legality and reliability of all Data. THE COMPANY may only be held responsible for the deletion, correction, destruction, damage, loss or failure to store any Data that does not result from its direct fault and that is not the consequence of the application of a court decision or the violation of these terms by the Customer. In the event of termination of this Agreement, THE COMPANY undertakes to erase the Customer's data to which it has not acquired the rights, within 1 year following the effective date of termination.

3.4. License to Use the Elements of the Site

THE COMPANY grants to the User, who accepts it, a non-exclusive, non-assignable and non-transferable license to use the Services granted by THE COMPANY within the strict limits of the purpose of these T&Cs, namely the delivery of the Services.

As such, Users expressly prohibit themselves from:

- To sell, transfer, publish, present, disclose or make available to third parties any of the services or content made available to them by THE COMPANY under this Agreement;

- Practice or attempt to practice reverse engineering, decompile or disassemble any elements of the Site;
- To remove the identification and ownership mentions of THE COMPANY;
- To publish, except with the prior written consent of THE COMPANY, any test or analysis of performance or evaluation relating to THE COMPANY or its Site;
- To access the source codes of the software making up the LA SOCIETE Site;
- To use or copy the elements of THE COMPANY's Site in any other manner not expressly authorized herein.

3.3. License to Use the Elements of the Site

THE COMPANY grants the User, who accepts it, a non-exclusive, non-assignable and non-transferable license to use the Services granted by THE COMPANY within the strict limits of the purpose of these T&Cs, namely the delivery of the Services. As such, Users expressly prohibit themselves from:

- To sell, transfer, publish, present, disclose or make available to third parties any of the services or content made available to them by THE COMPANY under this Agreement;

- Practice or attempt to practice reverse engineering, decompile or disassemble any elements of the Site;

- To remove the identification and ownership mentions of THE COMPANY;

- To publish, except with the prior written consent of THE COMPANY, any test or performance analysis or evaluation relating to THE COMPANY or its Site;

- To access the source codes of the software making up the LA SOCIETE Site;

- To use or copy the elements of THE COMPANY's Site in any other manner not expressly authorized herein.

- Do not use the deep linking technique, that is to say that the pages of the Site must not be nested within the pages of another Site, but accessible by opening a window.

- mention the source which will point via a hyperlink directly to the targeted content.

IV/ USER WARRANTIES - LIABILITY

The User undertakes to have the power, authority and capacity necessary to enter into and perform the obligations provided for herein. The User undertakes to comply with these General Conditions of Use. The User also acknowledges being responsible for all activities or practices that he/she carries out from the Site or through the Services provided by THE COMPANY and undertakes to comply with all applicable local, state, national and foreign laws, regulations and treaties, including those relating to the protection of personal data, international communications and the transmission of technical or personal data, files, freedoms and intellectual property, as well as the rights of third parties.

V/ OBLIGATIONS OF USERS IN MATTERS OF INTELLECTUAL PROPERTY

All Users are strictly required to comply with the rules set out below, the violation of which will result in the automatic termination of their subscription to the Services. THE COMPANY also reserves the right to prosecute any User who is the perpetrator of an infringement that the company considers particularly serious.

5.1. Respect for Copyright - Links (belonging to THE COMPANY or its Partners)

This Site respects copyright, as well as related rights such as database producer rights, as well as copyright on the software making up the Site, hereinafter the "copyright". All copyrights of protected works reproduced and communicated on this Site are reserved for the entire world. Unless authorized, any use of the works other than individual and private reproduction and consultation is prohibited.

5.1.1. Reproduction on paper media

Reproduction (printing) of the pages of this Site on paper is authorized for strictly private and non-commercial use.

5.1.2. Reproduction on electronic media

Reproduction of all or part of this Site on an electronic medium is prohibited. Creation of links to http: // www.novaeprovence.fr . The COMPANY Site authorizes the creation of a hyperlink pointing to its content, subject to:

- The information used must only be for personal, associative or professional purposes;

- any use for commercial or advertising purposes is excluded unless expressly agreed by THE COMPANY

- these authorizations do not apply to websites disseminating information of a controversial or pornographic nature, inciting racial hatred or any form of discrimination or which may, to a greater extent, offend the sensibilities of the majority.

- For other uses, please consult THE COMPANY

- Name

- First name(s)

- Civility

- E-mail address

- Full physical address

- Phone number

The operation of the Site may involve the collection of a certain amount of personal data from Users. The main purpose of this collection is to correctly display the Site on the Internet user's screen and to establish general traffic statistics. The collection of certain personal data may be done by using "cookie" files saved by the server hosting the Site on the Visitor's hard drive in order to facilitate their navigation on the Site or establish general static data on the Site's traffic. Although they do not allow direct identification of the Internet user, they are considered personal data by the CNIL. The information thus collected is not Links inserted on http: // www.novaeprovence.fr pointing to other sites:

This Site may contain links to third party websites that are not controlled by THE COMPANY. THE COMPANY is not responsible for the content of other websites that the User may access from the Site. When the User accesses a website other than that of THE COMPANY, he or she does so at his or her own risk and THE COMPANY shall not be responsible for the accuracy or reliability of the information, data, opinions, advice or statements presented on this other site, nor for the quality of the services offered there. THE COMPANY provides these links only for convenience, and the existence of these links does not in any way imply that THE COMPANY bears or accepts responsibility for the content or uses of these websites.

5.2. Limitations of rights

THE COMPANY is the owner or licensee of the intellectual property rights of both the general structure of the Site and its content. The User acknowledges and accepts that access to the Website and the Services made available to it by THE COMPANY cannot entail any transfer or concession of intellectual property rights (trademark rights or copyrights in particular) and other rights for the benefit of the User. Access to the Services is exclusively limited to the use of the User under the conditions and limits defined in these General Conditions. Thus, in addition to what is stipulated in paragraph 6.1., the User acknowledges and accepts that the use granted to him by THE COMPANY, under the title of access to its Services and their content, excludes in particular access to the Services for the purpose of reproduction, resale, exchange, rental, modification, adaptation, correction, whether free of charge or for a fee, of all or part of the Website, the Services, and their content protected by trademark law, or by any other intellectual property right whatsoever. None of the provisions of these T&Cs may be interpreted as a transfer or license of one of these rights for the benefit of the User. Indeed, the latter only has the right to use the Services offered for his own account, and where applicable to resell them, but, in any event, the User guarantees THE COMPANY against any infringement of the above-mentioned rights by his own actions.

VI/ PERSONAL DATA

You can find all the information concerning the processing carried out by THE COMPANY in our online privacy policy

7.1. Principle and definition

VII / FORCE MAJEURE

The occurrence of a case of force majeure will have the effect of suspending the performance obligations of the party affected by the event, under the conditions set out in the applicable legal provisions.

7.2. Implementation

In the event of the occurrence of such a force majeure event, the obligations of this Agreement are suspended. If the force majeure event continues for a period of more than one month, these general conditions may be terminated, with relative effect, by either Party upon receipt by the other of a registered letter.

XIII/ WARRANTIES AND EXCLUSIONS OF WARRANTIES OF THE COMPANY

8.1. As a principal:

THE COMPANY shall not be held liable, either civilly or criminally, in the event of a false declaration by the User. THE COMPANY does not guarantee in any way that (i) the platform http: // www.novaeprovence.fr will meet all of the User's requirements, (ii) that the platform http: // www.novaeprovence.fr will be permanently available without interruption or error. To the fullest extent permitted by applicable regulations, THE COMPANY may only be held liable for direct damages that would be the result of a fault in the delivery of the Services, directly attributable to THE COMPANY.

On the other hand, THE COMPANY shall not be liable in any way for indirect and/or incidental damages (in particular loss of income, interruptions of activity, limitation of a deadline, loss of an opportunity or any other nature) resulting from the use or the impossibility of using the platform. http: // www.novaeprovence.fr by the User.

8.2. Affiliation

THE COMPANY may offer on its Site Services marketed by partners under an affiliation contract, to which these general conditions of use are not applicable. Consequently, the User may not hold THE COMPANY liable for any direct or indirect damage resulting from the use of a site or orders placed with its partners.

IX / INFORMATION - COMPLAINT

Any complaint or request for information relating to the Use of the Site must be addressed to the Company by one of the following means:

via the Website: by referring to the contact section
in physics: 06 14 27 28 05, discutons@novaeprovence.fr , 27 Rue Lamartine 83270 Saint-Cyr-sur-Mer, NOVAE PROVENCE SAS

The response to the complaint will be made within 30 working days by post if the User expressly requests it. If at the end of this period, the User does not obtain satisfaction, he has the possibility of making a second request by notification by registered letter with acknowledgment of receipt. The processing of his request will not exceed the period of one month from receipt of the notification. In all correspondence, electronic or postal, addressed to THE COMPANY, the User undertakes to mention his first and last name, denomination, his email address, the subject of his request, attaching a copy if necessary, and his identifier in order to allow his identification and the processing of his requests. Any incomplete request cannot be processed by THE COMPANY.

X/ GENERAL PROVISIONS

10.1. Tolerance

The fact that THE COMPANY does not assert any of these general conditions at any given time and/or tolerates a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted as constituting a waiver by THE COMPANY to assert any of the said conditions at a later date.

10.2. Severability

The invalidity of one of the clauses of these T&Cs, in particular pursuant to a law, a regulation or following a decision of a competent Court which has become res judicata, will not result in the invalidity of the other clauses which will retain their full effect and scope.

10.3. Titles

The titles of the articles of the CGU are intended only to facilitate references and do not have any value in themselves.

contractual or a special meaning.

XI/ APPLICABLE LAW AND JURISDICTION

11.1. These T&Cs are exclusively subject to French law to the exclusion of any other legislation, even in the presence of Users residing or nationals of foreign countries. The official language of these T&Cs is French. The use of any other language is for information purposes only. In the event of difficulty in interpretation, the Parties shall refer solely to the French text.

11.2. In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes,

Mediation does not apply in the following cases:

disputes between professionals;
complaints made by the User to THE COMPANY's customer service or direct negotiations between the User and THE COMPANY (but a prior complaint from the User to THE COMPANY is nevertheless necessary to contact the mediator);
attempts at conciliation or mediation ordered by a court hearing the dispute;
procedures brought by THE COMPANY against the User.

The User must, before any mediation, submit a written complaint directly to THE COMPANY. His request for mediation cannot be examined by the consumer mediator until he establishes having taken this step. The request for mediation must then be submitted within one year from this written complaint, failing which it will be inadmissible.

A dispute cannot be examined by the consumer mediator when:

the request is manifestly unfounded or abusive;
the dispute has previously been considered or is being considered by another mediator or by a court;
the dispute does not fall within its scope of jurisdiction;

If one of these cases applies, the mediator must inform the User of the rejection of his request within three weeks of receiving his file.

11.3. If mediation is unsuccessful (where applicable), all disputes to which these T&Cs arising therefrom may give rise, concerning the validity, interpretation, execution, termination, consequences and their consequences, will be submitted to the competent courts under the conditions of common law. In the event of a dispute with professionals and/or traders, the Commercial Court of Aix-en-Provence will have sole jurisdiction, subject to mandatory legal provisions granting jurisdiction to another jurisdiction.

Disclaimer:

Purchases on the Site are authorized for persons under 18 years of age, subject to the consent of the holder of parental authority. The Customer wishing to make a purchase on the Site must be fully aware of his or her state of health. Customers who are excessively thin or pregnant must refrain from using the Products on the Site. Customers with intolerances or allergies or suffering from specific pathologies must remove from the products offered any that may cause them any disorder whatsoever. In case of doubt about his or her state of health or possible medical contraindications, the Customer undertakes to consult a doctor before any purchase on the Site.

The Customer acknowledges that these testimonials are not a guarantee for his own results but tend to represent and illustrate potential results, obtained within the framework of an optimal use of the products. The before/after photographs appearing on the Site are representations made from real testimonials of Customers sent by message or e-mail to THE COMPANY by consumers of the products. The testimonials are not intended to represent reality, but only to illustrate the results that the Customer could potentially obtain through the regular use of the Products.