Terms of use

LE JARDIN RETROUVE

FRENCH WEBSITE

CONDITIONS OF USE

EFFECTIVE DATE: April 15, 2018

GENERATION 3 SAS

7 Rue Fourcroy

75017 Paris

Simplified joint stock company (SAS)

RCS number: 821 148 186 RCS PARIS

VAT number: FR75 821 148 186

Customer Service e-mail: info@lejardinretrouve.com

Telephone: +33 9 54 19 80 39 (Monday to Saturday, 2pm to 7pm, Paris time zone)

Publishing director: Michel Gutsatz

GENERATION 3 SAS ("LE JARDIN RETROUVE", "we", "us" or "our") provides you with the content and services available on the LE JARDIN RETROUVE website at www.lejardinretrouve. com (the "Site"), subject to the following terms and conditions, our Privacy Policy, our Terms and Conditions of Sale and any other terms, conditions, stipulations and policies you may find on our Site in connection with certain features, functionality or promotions and with Customer Service, all of which are deemed to be part of and incorporated into these terms and conditions (collectively, the "Terms and Conditions").

You must be 18 years of age or the age of majority in your jurisdiction to make a purchase from our site. If you are under the age of 18 or the age of majority in your jurisdiction, you may not make a purchase from our site. By checking the appropriate boxes during the order process or account registration on the Site, you acknowledge that you have read, understood and agree, without limitation or qualification, to be bound by these Terms and Conditions. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS, YOU MAY NOT USE OUR SITE.

1.PRIVACY POLICY

Please review our Privacy Policy governing your access to and use of the Site so that you may understand our privacy practices.

2.PRODUCTS AND SERVICES FOR PERSONAL USE ONLY

The products and services available on the Site, as well as any samples we may provide to you, are for personal use only. You may not sell or resell any products or services, or any samples thereof, that you purchase or receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you which we believe, in our sole discretion, may result in a breach of our Terms and Conditions.

3. PURCHASING POLICIES AND PROCEDURES

For policies and procedures relating to orders placed through this Site (such as order processing, shipping, returns and exchanges), please see our Terms and Conditions.

4.ACCURACY OF INFORMATION

We try to be as accurate as possible when describing our products on the Site; however, to the extent permitted by applicable law, we do not warrant that the descriptions, colors, information or other content available on the Site are accurate, complete, reliable, current or error-free.

This Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to modify or update the information at any time without notice.

5.INTELLECTUAL PROPERTY

All information and content available on the Site and the overall impression thereof, including but not limited to trademarks, logos, service marks, features, functions, text, graphics, photographs, button icons, images, audio clips, data compilations and software, and the compilation and organization of all such items (collectively, the "Content") are the property of GENERATION 3 SAS and are protected by French and international laws, including laws governing copyrights and trademarks. Our trademark and trade dress may not be used in any way for any purpose without our express written consent.

Except for the limited licenses set forth in Section 6 below, or in accordance with applicable law, neither the Content nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified or otherwise exploited, in whole or in part, for any purpose whatsoever, without our express written consent.

6.LIMITED LICENSES; RESTRICTIONS ON USE

We grant you a limited, revocable, non-transferable and non-exclusive license to access and make personal use of the Site. You understand and agree that you will not do or attempt to do or cause any third party to do or attempt to do any of the following in connection with your use of the Site:

frame or utilize framing techniques to enclose the Site or any portion thereof;

use any META tags, "hidden text", robots, search engines, spiders or other tools, whether manual or automated, to collect, retrieve, index, extract, republish, redistribute, transmit, sell, license or download the Site, the Content (except for caching or as necessary to view the Site), or the personal information of third parties without our prior written permission or authorization;

use the Site or any Content in any way other than for personal use;

modify, reverse engineer or create derivative works based on the Site or any Content;

impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

"stalk" or otherwise harass, including by advocating harassment of others, by entrapping or harming any third party, including harming minors in any way;
intentionally violate any applicable local, state, national or international law;

transmit, upload, post, e-mail, share, distribute, reproduce or otherwise make available any software virus, malware, program, code, file or other material designed to interrupt, disrupt, alter, destroy or limit any portion of the Site; and/or

engage in or conduct any unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings or any form of "spam".

We also grant you a limited, revocable, non-transferable and non-exclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site (i) may link to, but not reproduce, any and/or all of our Content; (ii) does not imply that we endorse such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain any content that may be considered objectionable, obscene, offensive, controversial or illegal or inappropriate for any age (as determined in our sole discretion); (v) may not represent us or our products or services in a false, misleading, derogatory, otherwise offensive or objectionable manner, or associate us with undesirable products, services or opinions; and/or (vi) may not be linked to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site and, upon receipt of such a request, you will immediately remove such link and cease all linking, unless we expressly authorize you in writing to resume linking.

Any unauthorized use by you of the Site or any and/or all of our Content will automatically terminate the limited licenses set forth in this Section 6 without prejudice to any other remedies provided by applicable law or these Terms and Conditions.

7. YOUR OBLIGATIONS AND RESPONSIBILITIES

You agree to comply with these Terms and Conditions and all warnings or instructions on the Site. You agree that when you access or use the Site or any Content, you will do so in accordance with the law, custom and in good faith. You may not make any changes or alterations to the Site or any Content or services that may appear on the Site and you may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, you will be liable for all losses and damages that we may suffer as a result of your negligent or intentional breach of any of the obligations set out in these Terms and Conditions.

8. YOUR ACCOUNT

Subject to the age restrictions described above, you may view and use many features of the Site without registering, including making purchases, but in order to access and use certain parts of the Site, you may need to create an account with us by providing us with the required information on the online form. You must be 18 years of age or the age of majority in your jurisdiction to create an account on our Site. If you are over 18 and you create an account on our Site, you will receive by email an identifier and a password associated with your account.

You are responsible for ensuring that the personal information you provide when registering is true, accurate and up-to-date in all respects. Please refer to our Privacy Policy regarding the treatment of your personal information. It is your responsibility to ensure that the personal information you provide is up to date. If your personal information changes, please inform us immediately by contacting our Customer Service Department on +33 9 54 19 80 39, Monday to Saturday, 2pm to 7pm, Paris time zone, or by e-mail at info@lejardinretrouve.com. You can also update your information via the "My account" page. Please note that support will only be available in English and French.

The username and password you choose, once accepted by us, are identification elements authorizing access to and use of certain sections, features, pages, and certain content or services of the Site. These elements are strictly PERSONAL and NON TRANSFERABLE, except as described below. You are responsible for maintaining the confidentiality of your account, username and password, and for restricting access to your computer. In the event of any unauthorized use of your password or account, please notify us immediately. You are responsible for providing and maintaining current, complete, accurate and truthful information about your account. You agree to accept responsibility for all activities that occur under your authorization or permission on your account, username and/or password, or because you fail to maintain adequate security on your account, username and/or password.

If you are accessing and using the Site on behalf of someone else, you represent that you have the authority to bind such person as principal to all of the Terms and Conditions set forth herein, and to the extent that you do not have such authority, you agree to be bound by these Terms and Conditions and to accept responsibility for damages caused by any misuse of the Site or Content resulting from such access or use. You may cancel your online account with us at any time. To the extent permitted by applicable law, we reserve the right to refuse service and/or terminate accounts without notice if these Terms and Conditions are violated or if we determine that it would be in our best interest to do so.

We are not responsible for the content of third-party sites, even if they link to or from the Site. Links appearing on the Site are provided for information purposes only and do not constitute an endorsement by us, our parents, subsidiaries, affiliates or partners of the referenced content, product, service or provider. Your use of and access to such third-party sites is at your own risk. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any third-party websites or other websites linked to or from the Site. We assume no responsibility or liability for the actions, content, products or services of such websites, including, without limitation, their privacy policies and the terms and conditions that govern them. You should carefully review the privacy policies and terms and conditions of any third-party websites you visit.

10.SPECIAL FEATURES, FUNCTIONS AND EVENTS

The Site may offer certain special features and events (such as contests, sweepstakes or other offers) that may (a) be subject to terms of use, rules and/or policies in addition to or in lieu of these Terms and Conditions; and (b) be offered by us or by third parties. If so, we will notify you and if you choose to take advantage of such offers, you agree that your use of such offers will be subject to such additional or separate terms of use, rules and/or policies.

11. USER CONTENT

It is our policy to refuse unsolicited suggestions and ideas. Notwithstanding our policy on unsolicited suggestions and ideas and subject to the terms of our Privacy Policy, when you transmit, upload, post, e-mail, share, distribute, reproduce or otherwise make suggestions, ideas, surveys, feedback, data, text, software, music, sound, photographs, personal information such as your username/screen name, graphics, images, videos, messages or other materials, ("User Content") on the Site in any way (including through the "Contact Us" form), you are entirely responsible for such User Content. You hereby grant us a perpetual, worldwide, transferable and sublicensable, irrevocable, unrestricted, non-exclusive and royalty-free license to use, copy, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify and exploit such User Content throughout the world, in any media now known or later developed, for any purpose whatsoever, including but not limited to developing, manufacturing, distributing and marketing products.

You represent and warrant that you own or control the rights to your User Content. You agree not to engage, assist or encourage others to transmit, upload, post, e-mail, share, distribute, reproduce or otherwise make available User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, racially, ethnically or otherwise objectionable ; (b) which you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) which you know to be false, fraudulent, inaccurate or misleading; (d) for which you have been compensated or received consideration by a third party; or (e) which infringes any patent, trademark, trade secret, copyright or other proprietary right of any party.

We are not responsible for reviewing or evaluating User Content and, to the fullest extent permitted by applicable law, we disclaim all liability for User Content. We do not control the User Content transmitted or posted to the Site by you or others and therefore do not guarantee the accuracy, integrity or quality of any User Content transmitted or posted to the Site by you or others. You understand that by using the Site, you may be exposed to User Content that is offensive, objectionable or undesirable to you. Under no circumstances will we be liable for any User Content, including, but not limited to, any errors or omissions in any User Content or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site.

You acknowledge that we have the right, in our sole discretion, to refuse to post or to remove any User Content and we reserve the right to modify, amend, condense or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without notice to any user who violates these Terms and Conditions or infringes the rights of others.

12.NOTICE OF COPYRIGHT INFRINGEMENT

We respect the intellectual property of others. If you believe that copyrighted material has been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to our Infringement Reporting Officer providing the following: (i) identification of the copyrighted work(s) that you claim has been infringed and confirmation that you are the copyright owner or authorized to act on the copyright owner's behalf; (ii) a description of the material that you claim has been infringed and the location of that material on the Site; (iii) your address, telephone number and e-mail address.

13. EXCLUSION OF WARRANTIES; LIMITATION OF LIABILITY

THE SITE, ITS CONTENT AND SERVICES ARE PROVIDED "AS IS". WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THESE TERMS AND CONDITIONS OR THE SITE OR CONTENT, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDED.

YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES (f) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (g) EVENTS BEYOND OUR REASONABLE CONTROL.

FURTHER, WE WILL NOT BE LIABLE IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR YOUR USE THEREOF, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY FOR SUCH CLAIMS EXCEED ONE HUNDRED EUROS (100€).

YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH THE SITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.

14.INDEMNIFICATION

You agree to defend, indemnify and hold us, our partners, licensors, officers, directors, employees, and agents (the “Indemnified Parties”) harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand arising from (i) your use of the Sites or the Site Content in violation of any law, rule, regulation or these Terms and Conditions, or (ii) any part of your User Content. You also agree to indemnify the Indemnified Parties for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

15.DISPUTES

En ce qui concerne tout litige, toute réclamation ou controverse concernant le Site, tous les droits et obligations et toutes les actions envisagées par les présentes Conditions générales seront régis par la législation française, comme si les Conditions générales formaient un contrat entièrement conclu et entièrement exécuté en France.

En cas de réclamation concernant votre achat en ligne, vous pouvez nous contacter à info@lejardinretrouve.com

Selon le règlement de l’UE no. 524/2013 sur le règlement en ligne des litiges de consommation, si vous résidez dans l’UE, vous pouvez, à votre discrétion, renvoyer les litiges sur la plateforme en ligne de la Commission européenne disponible à l’adresse suivante : https://webgate.ec.europa.eu/odr /main/index.cfm?event=main.home.chooseLanguage

De même, et en application des articles L.611-1 à L.611-3 du Code de la consommation, un client de l’UE ayant passé une commande a le droit (mais n’est pas tenu de) de renvoyer les litiges liés à la vente des produits à l’entité alternative suivante de règlement des différends, sans frais :

ANM (Association Nationale de la Médiation)

62, Rue Tiquetonne

PARIS

Téléphone : 0142338103

Site web : http://www.anm-mediation.com/

16.CONSENT TO RECEIVE NOTICES ELECTRONICALLY BY POSTING ON THE SITE AND VIA EMAIL

You consent to receive any agreements, notices, disclosures and other communications (collectively, "Notices") to which these Terms and Conditions refer from us electronically including without limitation by e-mail or by posting notices on this Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at info@lejardinretrouve.com and discontinue your use of this Site. In such event, all rights granted to you pursuant to these Terms and Conditions, including but not limited to Section 6 hereof, shall automatically terminate. Unfortunately, we cannot provide the benefits of this Site to any user that cannot consent to receipt of Notices electronically.

Please note that this consent to receive Notices is entirely separate from any election you may make with respect to receipt of marketing communications. Your options with respect to receipt of marketing communications are set forth in our Privacy Policy. If you have any questions or comments regarding these Terms and Conditions please contact us at info@lejardinretrouve.com.

17.GENERAL

You acknowledge and agree that these Terms and Conditions and any and all other legal notices or statements posted on the Site constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.

We reserve the right, in our sole discretion, to change or modify all or part of these Terms and Conditions at any time by posting the changes on the Site and providing notice of such change. Any changes are effective immediately upon posting to the Site and release of notice of such change. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site. We also reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice.

Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.

If you have any questions regarding these Terms and Conditions, please email us at info@lejardinretrouve.com