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Terms and conditions of use of the obut.com website and customer account Version dated 05/07/2023

LA BOULE OBUT (hereinafter OBUT), is a simplified joint stock company registered with the Trade and Companies Register (RCS) of ST ETIENNE under the number 415 203 355.

Its registered office is at 5 Chemin du Cros 42380 ST BONNET LE CHATEAU.

You may contact us by writing to the address above or by email at [email protected].

 

1.      OBJECT

The purpose of these terms and conditions of use ("TCU") is to set out the agreement between OBUT and the "User" governing the conditions of this latter's browsing of the "website".

Browsing conditions means in particular the use of the website, its features and links, as well as the different forms used on the site.

They are enforceable as of right on any person using the site, no matter whether they are connected to their online account, whether they have consented to the use of cookies and whether they are a customer of OBUT.

 

2.      DEFINITIONS

TCU: refers to these terms and conditions of use and any later amendments to them.

 

Website: refers to the www.obut.com website and all the subdomains linked to these web pages, with the exception of any web page consulted via an external domain name, in particular on a payment or electronic signature platform.

 

User: refers to the person browsing the website and any person with a customer account on said website.

 

Login: refers to the pair of credentials formed by the email address and password chosen by the User to access their customer account.

 

 

3.      PREREQUISITES FOR BROWSING THE WEBSITE

  • To be able to access the website or a customer account, it is required to be in possession of a computer and a good-working connection to Internet network, which are both under the responsibility of the User.

 

  • The User must be over 15 years of age. Below this age, the User must be assisted by one of his legal representatives to enter and browse website.

 

  • Access to the customer account is reserved for persons who are customers of OBUT and who have a personal login. It is not mandatory to open a customer account on our website to browse it.

 

 

4.      APPLICABILITY OF THE TCU

  • These TCU apply to any access and browsing of the website regardless of the geographical location of the User.

 

  • Continuing to browse the website implies acceptance of these TCU.

 

 

5.      AVAILABILITY OF THE WEBSITE

  • The obligation to make the website available is an obligation of means. OBUT employs all the technical and organisational means at its disposal to ensure that any User wishing to access the website successfully connects to their customer account and access the various other features of the website.

 

  • OBUT may not be held liable for any technical malfunction of the site webpreventing the User from accessing the website or their customer account, whatever the cause of its unavailability, its duration, its consequences and whether it is partial, total, blocking or otherwise.

 

  • OBUT is unable to guarantee access to its website at all times, as access may be impossible in the event of an update, a bug, a cyberattack or for certain preventive and corrective maintenance operations. However, our company will make every effort to inform the User in advance of any scheduled unavailability. Moreover, OBUT takes all the contractual and technical measures necessary to ensure the availability of its website without major interruptions.

 

 

6.      CREATION AND USE OF A CUSTOMER ACCOUNT

  • Any User meeting the prerequisites mentioned in Article 3 may sign in on the website. It is not necessary to place an order to open an online customer account with OBUT.

 

  • When connecting to their account for the first time, the User will be invited to choose a password. This must be a strong password that meets the complexity conditions required by our platform and it must not be a password the User has used in the past or is currently using on another website or for another customer account with the same email address.

 

  • Access to the customer account and continued use of it are conditional upon the User's compliance with these TCU. If they breach them in any way, the Company may decide to suspend or cancel the User's login without previous notice.

 

7.      SECURITY OF CUSTOMER ACCOUNT LOGINS

7.1.            Your password is personal and confidential. You shall never disclose it to anyone else for any reason whatsoever, as you are the only person authorised to connect to your account, which is personal to you. This is a simple but crucial security measure which will help us keep your personal data safe.

 

7.2.            To ensure your access to your customer account safely, you must choose a unique password comprising at least 8 characters, which must include at least one lower case letter, one upper case letter, one numeric and one special character. You are advised to change your password every 3 months or immediately if you discover that the same email/password pair has been compromised on a third-party database. For this reason, we recommend you never use a password which has already been used on another application or website. If you lose access or forget your password, you shall ask to retrieve/reset it at any time on the website.

 

7.3.            OBUT may not be held liable for any prejudicial consequences caused to the User due to the choice of a weak password by the User or its deliberate or accidental disclosure to a third-party.

 

8.      NON-CONTRACTUAL NATURE OF THE CONTENT OF OUR WEBSITE

The photographs, texts, information, files, documents and designs featured on our website are presented purely for informative purposes and are not contractually binding. 

For more information, see our terms and conditions of sale.

 

9.      LIABILITY

  • Only the information mentioned on our website determines the content and limits of our liability.

 

  • We may not be held liable for any bug of the websitedue to a poor Internet connection or the use of an unsuitable terminal by the User, not up to date or not connected to the internet.

 

  • Nor shall we be held liable for any activity on the website that does not comply with one or more of the obligations under these TCU, whether carried out in bad faith or not.

 

  • The User bears sole responsibility for the use they make of their customer account and the accuracy of the information they enter in it.

 

  • Likewise, we will not be liable for any security failure due to the internet provider chosen by the User that may cause it any damage while browsing the website, or for any non-legitimate access to their customer account resulting from the discovery of the User's password. Our company has no access to your password, which is encrypted in our databases and unreadable.

 

  • OBUT reserves the right, without notice and without the possibility of complaint or compensation for the User, to alter some or all of the sections, pages, features or content of the websiteto add, modify or delete certain sections.

 

13.    CLOSURE OF THE ONLINE ACCOUNT

  • Any User may ask OBUT to close their account at any time.
  • This can be done from your customer account page, from the Privacy settings page and using the Delete account button. You can also request its closure by sending an email to [email protected].

 

  • Any request of website account closure is not the same as exercising the right to erasure within the meaning of the personal data protection regulations, a right which every Usercan exercise under the conditions described in our Privacy Policy.

 

  • Any request to close a website account is final and irreversible. You may not withdraw your request and you will not be able to retrieve the data it contained afterwards.

 

  • However, you may open a new online customer account with the same identification email address at any time in the future.

 

 

14.    INTELLECTUAL PROPERTY - TRADEMARKS

  • The website and the OBUT customer account page, and in particular any design, graphic charter elements, texts and logos featured on them, are protected by intellectual property rights belonging to OBUT.

 

  • OBUT owns and holds exclusive rights in the verbal and semi-figurative trademarks it has registered in France and Europe. No use may be made of these trademarks by anyone without the prior written consent of our company.

 

  • OBUT owns all the intellectual property rights relating to its website and does not infringe the rights of any third parties. In addition, the Userhas no right to make any claims in this respect.

 

  • No copy, reproduction, exploitation or dissemination of logos, texts, graphic elements or trademarks is permitted without OBUT's agreement. Anyone who breaches these provisions will be held liable and may be prosecuted or subject to civil proceedings. In particular Article L. 716-4 of the French Intellectual Property Code provides that "infringement of the rights of the owner of the trademark shall constitute an offence incurring the civil liability of the offende

 

15.    COOKIES

  • When arriving on the site, you will be informed that cookies are used and you will be free to accept or refuse them. 3 options are offered: "Refuse", "Allow a selection" and "Accept all".

 

  • Cookies are "small computer files that may be used by websites to make the user experience more effective."

 

  • The selection activated by default is only so-called "necessary" cookies, and you can then check the boxes corresponding to cookies used for marketing and statistical purposes as you see fit. If you do not actively choose these cookies, this equals to a refusal on your part (opt-out). In this case no cookie that requires your prior consent (opt-in) will be deposited on your terminal.

 

16.    HYPERTEXT LINKS

16.1.          The hypertext links we post on our website that redirect you to other sites are provided simply for your information. The User is free to choose whether to activate them or browse the other website or not. OBUT bears no liability in this respect.

 

16.2.          It is prohibited for anyone to create a simple or deep URL link to our site for commercial purposes without our prior written authorisation.

 

 

17.    CYBERATTACKS

17.1.          As well as every company in this digital age, and despite the daily vigilance and the numerous security measures taken, it is possible that OBUT could be the victim of attempts to destabilise it through its website by a denial of service, web defacement, brute force or any other criminal or malicious technological and human methods. Denial of service means that a third party manages to render the website unavailable, and defacement consists of a third party changing the presentation of a web page to incorporate elements foreign to the service offered. Accordingly, and subject to the foregoing, OBUT may not be held liable for any damage caused either by the impossibility of accessing the website due to either to a denial of service or by the posting of a web page that does not meet the reasonable expectations of a web page for a product, when the incident in question is the result of unauthorised and/or malicious actions by a third party.

 

17.2.          Any attempt by a User to browse the website with the aim of spying on OBUT's practices and services will be considered as contrary to these TCU.

 

17.3.          Phishing is a fraudulent technique intended to deceive the web user into disclosing personal data (account details, passwords, etc.) and/or bank account numbers by fraudsters masquerading as trustworthy third parties" (economie.gouv.fr). OBUT will never contact you out of the blue by post, at your email address or by telephone to ask you to disclose bank account details, logins or any other personal data.  If you have given information relating to your customer account or bank details or personal data to a third party, OBUT cannot be held liable on any account.

 

18.    CONTACT AND COMPLAINTS

For any questions relating to the products offered by OBUT or to the functioning of the website, you shall contact us by clicking on the Contact tab on our website.

 

19.    AMENDMENT OF THESE TCU

If these TCU are amended, Users with an online customer account will be informed of the update by any means, and at the latest when they next connect. The User setting up a customer account on the website consents to receive emails informing them of the different terms and conditions (of use, of sale and our privacy policy).

 

20.    APPLICABLE LAW AND JURISDICTION

20.1.          These TCU are governed by French law.

 

20.2.          Any dispute relating to the customer account or the website, whether it concerns the use of the website, acceptance of these TCU or the opening, use and closure of the customer account, will be subject to the French court within whose jurisdiction the User is resident, and if the User is not resident in France, the court of Saint-Etienne.

 

In the event that this version of the TCU contains a contradiction with the French version, only the French version will be binding on OBUT.

 

21.    VALIDITY OF THE TCU IF ONE CLAUSE IS INVALIDATED

In the event that one of the clauses is found to be invalid or "unwritten", the agreement will be construed without that clause, or it will be replaced with a minimal clause by the court, but in both cases the remainder of the TCU deemed valid will retain their full force and effect.