Conditions d’utilisation
GENERAL TERMS AND CONDITIONS OF USE
1. Purpose of the Site
The https://www.maisonoga.com site is an e-commerce site that enables accessories and clothing to be offered for sale to Internet users browsing the Site. This Site is accessible :
- via the Internet at https://www.maisonoga.com
2. Intellectual property rights
2.1. Website
The Site and any software necessarily used in connection with it may contain confidential information and data protected by intellectual property law. Thus, unless otherwise stated, intellectual property rights on documents and data of any kind, contained in the Site and each of the elements composing the Site (images, illustrations, sounds, text, graphics, charter ...), including software, databases and newsletters are the exclusive property of MAISON OGA, it does not grant any license or any right other than to consult the Site. The reproduction of all or part of the Content is only authorised for the exclusive purpose of information for personal and private use, any reproduction and any use of copies made for other purposes in any way and in any form whatsoever is expressly prohibited. It is also forbidden to copy, modify, create a derivative work, assemble, decompile (with the exception of cases provided for by law), sell, assign, sub-license or transfer in any way whatsoever any right relating to the Content.It is also forbidden to modify all or part of the Content, in particular the software, or to use modified versions of the software, in particular with a view to obtaining unauthorised access to the service and to access the Site by any means other than the interface provided to the Visitor by Maison OGA for this purpose.
2.2 Trademarks
OGA CORP is the owner of the MAISON OGA and OGA logos. Maison OGA is a registered trademark protected by BOIP n°1424142.
The user acknowledges the exclusive rights of OGA CORP on the Maison OGA/OGA brand and agrees not to make any use whatsoever and more generally to infringe the intellectual property rights of MAISON OGA. OGA corp reserves the right to claim damages in case of infringement of its intellectual property rights.
Maison OGA's partner brands are the owners of their brands.
All other trademarks or logos appearing on the Website are the property of either MAISON OGA or its service providers, partners or suppliers. Any use whatsoever of these brands and/or logos and/or any other Content is subject to the express authorisation of Maison OGA or the holder of the intellectual property rights concerned.
2.3. Hypertext links
The Site may include links to other websites or other Internet sources. Insofar as Maison OGA cannot control these external sites and sources, Maison OGA cannot be held responsible for the availability of these external sites and sources, and cannot be held responsible for the content, advertising, products, services or any other information or data available on or from these external sites or sources. Furthermore, Maison OGA may not be held liable for any damage or loss, whether actual or alleged, arising from or in connection with the use of or reliance on the content, goods or services available on these external sites or sources.
Any creation of links to the MAISON OGA Website, any framing of the Website, and more generally any use of an element composing the Website, is subject to the prior and express authorisation of Maison OGA which may be revoked at any time at its sole discretion. Maison OGA reserves the right to request the removal of any link to the Site that has not been, or is no longer, authorised and to claim damages as compensation for any loss suffered as a result.
3. Visitor behaviour
Each Visitor must use the Internet responsibly, with respect and courtesy towards the rights of other Internet users.
In this respect, the Visitor, when accessing the Site, shall in particular refrain from:
- upload to the Site, post, e-mail or transmit by any other means any content that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, immoral, invasive of a person's privacy, including their right of publicity, offensive or derogatory, or racially, ethnically or otherwise objectionable;
- upload, post, e-mail or otherwise transmit unsolicited or unauthorised advertising or promotional materials, "junk mail", "misleading information", "chain letters" or any other form of solicitation to the Site;
- upload to the Site, post, e-mail or otherwise transmit any material that contains software viruses or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt or interrupt the Site or the servers or networks connected to the Site, or breach the requirements, procedures, rules or regulations of the networks connected to the Site;
- attempt to undermine the service of any user, host or network, including, but not limited to, exposing the Site to a virus, creating a saturation point, flooding the server or saturating the e-mail system;
- accessing data that is not intended for the Visitor or entering a server/account to which the Visitor is not authorised to have access;
- attempting to probe, scan or test the vulnerability of a system or network, or to breach security or authentication measures without having received authorisation to do so;
- impersonate another person;
- conduct an activity or incite a third party to conduct an illegal activity or any other activity that would infringe the rights of MAISON OGA, its suppliers, partners, distributors, advertisers or any other Visitor;
- transmit or transfer (by any means whatsoever) any information or software derived from the Site, in particular to other countries or to certain foreign nationals in violation of any national or international law or regulation.
Recognising the global nature of the Internet network, each Visitor undertakes to comply with all local and international rules and procedures relating to online behaviour and acceptable content and in particular all laws in force concerning the transmission of technical data.
At any time and for any reason whatsoever, Maison OGA may implement any means to terminate, without notice, the Visitor's use of the Site or any of Maison OGA's services for any conduct that violates these terms of use, without prejudice to any damages that Maison OGA reserves the right to claim from the Visitor in the event of non-compliance with the general terms of use of the Site.
4. Liability
4.1. Access to and operation of the Site
The Visitor is personally responsible for setting up the computer and telecommunications means to access the Maison OGA website and the knowledge necessary to use the Internet and access the website. The Visitor is responsible for all connection and equipment costs related to Internet access and use of the MAISON OGA website. The client is solely responsible for the technological means necessary to access the Website and must have Internet access and an e-mail address.
The client is responsible for the telecommunication and Internet access costs for the use of the Website.
Access to the Site is possible 24 hours a day, 7 days a week, except in the event of force majeure or an event beyond the Company's control, and subject to any breakdowns and maintenance operations necessary for its proper operation.
Visitors use the Site at their own risk. Maison OGA shall therefore not be held liable for any damage that any Visitor may suffer as a result of such use. Furthermore, Maison OGA DISCLAIMS ALL LIABILITY FOR INDIRECT DAMAGES, WHATEVER THE CAUSE, ORIGIN, NATURE OR CONSEQUENCE, INCLUDING, IN PARTICULAR, COSTS WHICH MAY ARISE FROM THE PURCHASE OF GOODS OFFERED ON THE SITE, LOSS OF PROFITS, LOSS OF PROFITS, GOODWILL, DATA OR ANY OTHER LOSS OF INTANGIBLE PROPERTY THAT MAY ARISE AS A RESULT OF ANY PERSON'S ACCESS TO, OR INABILITY TO ACCESS, THE SITE OR RELIANCE ON ANY INFORMATION OBTAINED DIRECTLY OR INDIRECTLY FROM THE SITE.
4.2. Limitation of liability
The Site also contains information from third parties and links to other Internet sites. Maison OGA has no control over the accuracy of the information contained therein or its content. Accordingly, Maison OGA shall not be liable for any damages resulting from the use of, access to, or inability to use such third-party information or the content of other websites.
Maison OGA may not be held liable for any guarantee of any kind, whether implicit or explicit, concerning in particular the integrity, accuracy, up-to-dateness, non-infringement, availability, reliability or exhaustiveness of the information, products, accessories or services appearing on the Site or their suitability for the use that the Visitor intends to make of them.
5. General
5.1. Modifications
Maison OGA reserves the right to modify and update the General Terms and Conditions of Use without prior notice. In order to be informed of any such modifications, Maison OGA advises the Visitor to reread the GTCU regularly. Use of the Site will be subject to the GTCU in force at the time of use.
5.2 Entirety
In the event that one of the clauses of these GCU becomes null and void as a result of a change in legislation or regulations or by a court ruling, this will in no way affect the validity of or compliance with the other clauses of the GCU.
5.3. Applicable law
These GCU are governed by French law.
Any dispute relating to the existence, interpretation, performance or termination of the contract concluded between Maison OGA and the visitor, even in the event of multiple defendants, shall, in the absence of an amicable agreement, fall within the exclusive jurisdiction of the Cotonou court (Benin). This attribution of jurisdiction is valid notwithstanding multiple defendants or the introduction of third parties, even for emergency proceedings or protective proceedings in summary proceedings or by petition.