Terms and conditions of use
Welcome to C MA BALLE
Effective Date: July 10, 2020
CMABALLE ("us", "we" or "our") provides the content and services available to you on https://cmaballe. com (the "Site"), subject to these Terms and Conditions of Use ("Terms and Conditions"), our Privacy Policy, our Terms of Sale and other terms and policies on our Site relating to certain features, functions or promotions and our customer service, all of which are deemed to be part of and incorporated into these Terms and Conditions of Use (collectively the "Terms and Conditions").
You must be 18 years old or have reached the age of majority in your jurisdiction to make a purchase from our Site. If you are under 18 years of age or have not reached the age of majority in your jurisdiction, you may not make purchases on our Site. By accessing or using the Site, you acknowledge that you have read, understand 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 and protection of personal data
Please review our Privacy Policy, which governs your use of and access to this Site, to understand our privacy and cookie management practices.
2. Products and services for personal use
The products and services available on the Site, and any samples we may send you, are for your personal use only. You may not sell or resell any of the products, services or samples you have purchased or received from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be fulfilled or products or services requested if we believe, in our sole discretion, that it is likely to breach our Terms and Conditions.
3. Procurement procedures and policies
To view policies and procedures relating to orders placed on this Site (such as processing, shipping, delivery, returns and exchanges), click here: Terms of Sale [hyperlink to Terms of Sale].
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, colours, information or other content relating to any product available on the Site are accurate, complete, reliable, current or error-free. This Site may contain typographical errors or inaccuracies and may be incomplete or out of date. We therefore reserve the right to correct any errors, inaccuracies or omissions (including as a result of an order), and to change or update the information at any time without notice.
5. Intellectual property
All information and content available on the Site and its presentation, including, but not limited to, trademarks, logos, service marks, features, text, graphics, photos, button icons, images, audio clips, data compilations and software, and the compilation and arrangement thereof (collectively, the "Content"), are the property of CMABALLE or our parents, subsidiaries, affiliates, partners or licensors, and are protected by copyright laws, and the compilation and arrangement thereof (collectively, the "Content"), are the property of CMABALLE or our parents, subsidiaries, affiliates, partners or licensors, and are protected by local laws, including copyright and trademark laws. Our trademarks and trade dress may not be used for any purpose without our express written consent. The trademarks, logos, service marks, industrial designs and any other signs, names or symbols that may be used for commercial or industrial purposes and that appear on the Site (hereinafter, the "Trademarks") are registered or unregistered trademarks of CMABALLE, our affiliates, our licensors or our business partners, and are protected by copyright and industrial property laws. Except for the license restrictions set forth in Section 6 below or as otherwise permitted by applicable law, the Content and the various parts of the Site may not be used, reproduced, duplicated, copied, sold, resold, managed, modified or otherwise exploited, in whole or in part, for any purpose without our express prior written consent.
6. Licence and use restrictions
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 request any third party to do or attempt to do, any of the following in connection with your use of the Site modify, capture or download the Site or any of its Content (except for caching or what is necessary to view the Content) use any meta tags, "hidden text", robots, spiders or other tools, whether manual or automatic, to collect, list, retrieve, exploit, republish, redistribute, transmit, sell, license or upload the Site, the Content (except for caching or data necessary to display the Site) or the personal data of others without our prior written permission; use the Site or any of its Content for anything other than personal use; modify, reverse engineer or create derivative works based on the Site or any of its 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 encouraging the harassment of another person, entrap or harm another person, including minors, in any way; intentionally violate any local, state, national or international law; transmit, upload, post, e-mail, share, distribute, reproduce or otherwise make available any virus, malware, program, code, file or other material designed to interrupt, disrupt, alter, destroy or limit any portion of the Site; and/or incorporate or carry out any unauthorized or unsolicited advertising, solicitation or promotional materials, including chain letters, mass e-mailings or any form of "spam. We also grant you a limited, revocable, non-transferable, non-exclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. Any website linking to the Site: i. must link to, but may not reproduce, all or any part of our Content; ii. must not imply that we endorse that website or its services or products; iii. must not misrepresent its relationship with us; iv. must not contain any content that may be considered distasteful, obscene, offensive, controversial or illegal, or unsuitable for certain ages (as determined in our sole discretion); v. must not portray us or our products or services in an inaccurate, misleading, derogatory, offensive, objectionable or otherwise objectionable manner, or associate us with undesirable products, services or opinions; vi. may not use any Trademark without our express written consent; and/or vii. may not redirect to any page of the Site other than the home page. We may, in our sole discretion, request that you remove a link to the Site and, upon receipt of such a request, you must immediately remove such link and cease all redirection, unless the redirection has been separately and expressly authorised by us in writing. Any unauthorized use of the Site or any and/or all of our Content by you automatically terminates the licenses set forth in this Section 6 without prejudice to any other remedies available under applicable law or these Terms and Conditions.
7. Your obligations and responsibilities
By consulting or using the Site or its Content, you agree to comply with these Terms and Conditions and any warnings or instructions on the Site. You agree to act in accordance with the law, custom and in good faith when consulting or using the Site or its Content. You must not modify or alter the Site or its Content or the services that appear on this Site, and must not disrupt in any way the integrity or operation of the Site. Without prejudice to the other provisions contained in these Terms and Conditions, if you breach any of your obligations under these Terms and Conditions, whether negligently or deliberately, you may be liable for any damages and/or losses that may result to CMABALLE, our parent companies, subsidiaries, affiliates, partners or licensors.
8. Your account
Subject to the age limitations set forth above, you may view and use many features of the Site without registering, including making purchases. However, in order to access and use certain parts of the Site, you must create an account on our Site. You are responsible for maintaining the confidentiality of your account, username and password, and for restricting access to your computer. If there is any unauthorised 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 accept responsibility for all activities that occur under your authority in connection with your account, username and/or password, or your failure to maintain adequate security for your account, username and/or password. If you access and use the Site on behalf of someone else, you represent that you have the authority to bind that person to these Terms and Conditions and, if you do not, you agree to be bound by these Terms and Conditions and to assume responsibility for any harm caused by any unauthorized use of the Site or the Content resulting from such access or use. You may terminate your online account with CMABALLE at any time. To the extent permitted by law, we reserve the right to refuse to provide any service and/or to terminate accounts without notice if these Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in our best interest to do so.
9. Link to other websites
We are not responsible for the content of any third party web pages even if they contain links to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our parent or subsidiary companies or our business partners of the referenced content, product, service or supplier. We may, in our sole discretion, remove any links from our Website. Your linking to or from other websites is at your own risk. Except as permitted by applicable law, we have no responsibility to review or evaluate the pages of websites external to this Site, or other websites, that link to or from our Site, and we are not responsible for their offerings and we assume no responsibility for the conduct, content, products or services of such pages and websites, including without limitation their privacy statements and terms of use. You should carefully review the terms and conditions and privacy policies of all pages of websites external to this Site and of other websites you visit.
10. Events, features and special functions
The Site may offer certain special features and functions or events (such as contests, sweepstakes or other offerings) 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 separate or additional terms of use, rules and/or policies
11. User Content
Nur policy is to reject unsolicited ideas and suggestions. However, notwithstanding our policy regarding unsolicited ideas and suggestions and subject to the provisions of our Privacy Policy, when you transmit, upload, post, email, share, distribute, reproduce or otherwise make available any suggestions, ideas, requests, comments, data, text, software, music, sound, photographs, personal data such as your username, graphics, images, videos, messages or other information ("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 sub-licensable, irrevocable, unlimited, non-exclusive, royalty-free right to use, copy, license, sub-license, adapt, distribute, display, publicly perform, reproduce, transmit, modify and otherwise exploit such User Content throughout the world, in any and all media now known or hereafter developed, for any purpose whatsoever, including but not limited to developing, manufacturing, distributing and marketing products. You represent and warrant that you own or otherwise control the rights to your User Content. You agree not to attempt, or assist or encourage others to attempt, to transmit, upload, post, email, share, distribute, reproduce or otherwise make available any User Content that is: (a) unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable; (b) that you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) that you know to be false, fraudulent, inaccurate, or misleading; (d) for which you have received compensation or recognition from a third party; or (e) that infringes any patent, trademark, trade secret, copyright, or other proprietary right of any third party. We are not responsible for reviewing or evaluating any User Content and, to the maximum 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 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 of others that may be offensive, indecent or objectionable to you. Under no circumstances will we be liable for any User Content, including, without limitation, any errors or omissions in any User Content, or any loss or damage of any kind incurred by you as a result of using any User Content transmitted, posted, emailed or otherwise made available on the Site. You acknowledge that we have the right (but not the obligation), in our sole discretion, to refuse to use, post or remove any User Content, and we reserve the right to edit, adjust, reduce or delete any User Content. Notwithstanding the foregoing or any other provision contained in these Terms and Conditions, we have the right to remove User Content that violates these Terms and Conditions or is otherwise objectionable, and we reserve the right to refuse service and/or terminate the accounts, without notice, of users who violate these Terms and Conditions or infringe the rights of others. Deletion of User Content If you wish to delete any of your public User Content, such as your product reviews and comment post(s) on the Site or in connection with our mobile applications, please contact us by email and specify the following information in your deletion request: first name, last name, username (if applicable), email address associated with our website and/or mobile applications, reason for deleting the posting, and date(s) of the posting(s) you wish to delete (if known). We may not be able to process your removal request without this information.
12. Notifications of copyright infringement
We respect everyone's intellectual property. If you believe that copyrighted material has been copied in a way that constitutes copyright infringement, please email us at contact@cmaballe.com
13. Exclusion of Warranties; Limitation of Liability
The Site, its content and services are provided "as is". Our services and our parents, subsidiaries, affiliates, partners or licensors make no representations or warranties of any kind, express or implied, in connection with these Terms and Conditions, the Site or its content. You agree that, to the fullest extent permitted by applicable law, our services and our parents, subsidiaries, affiliates, partners or licensors shall not be liable (whether in contract, tort (including negligence) or otherwise) under any circumstances for any: (a) business interruption; (b) delay or interruption of access to the Site; (c) non-delivery, loss, theft, mis-delivery, corruption, destruction or other alteration of data; (d) loss or damage of any kind arising out of the use of or links to websites other than this Site; (e) computer viruses, Trojan horses, worms, Trojan horses, Trojan horses, or any other computer viruses; (f) viruses, Trojan horses, or other worms; or (g) any other contamination of the Site; (e) computer viruses, system failures or malfunctions that may occur in connection with your use of the Site, including when using a hyperlink from or to third party websites; (f) inaccuracy or omission of content; or (g) events beyond our reasonable control. We make no representation or warranty that defects or errors will be corrected. In addition, to the extent permitted by applicable law, we and our parents, subsidiaries, affiliates, partners or licensors shall not be liable for any indirect or consequential damages of any kind (including lost profits) in connection with the Site or your use of the Site, and in no event shall our total maximum liability exceed one hundred euros (€100.00) or the equivalent amount in local currency. To the extent permitted by applicable law, you agree to limit any claim or action arising out of or in connection with the Site or these Terms and Conditions to one (1) year after the cause of action for such claim or action arose. If you have a dispute with our services or are dissatisfied with the Site, your sole remedy is to discontinue using the Site and we have no obligation or liability to you.
14. Compensation
You agree to defend, indemnify and hold us and our parents, subsidiaries, affiliates, partners, licensors, officers, directors, employees and agents (the "Indemnified Parties") harmless from and against any loss, damages or costs, including reasonable attorneys' fees, resulting from any claim, action or demand by any third party due to or arising out of (i) your use of the Site or Site Content in violation of any applicable law, rule, regulation or these Terms and Conditions, or (ii) any portion of your User Content. You also agree to indemnify the Indemnified Parties for any damages or costs, including reasonable attorneys' fees, resulting from your use of any software robots, spiders, harvesters or similar data gathering and extraction tools, or any other action that imposes undue burden or pressure on our Site's infrastructure.
15. Litigation
Any dispute arising from the interpretation, validity and/or execution of these General Terms and Conditions shall be submitted to the competent court of the customer's place of residence. These General Terms and Conditions shall be governed by and interpreted in accordance with French law. In accordance with Regulation (EU) No. 524/2013 on the online settlement of consumer disputes, if you are a resident of the European Union, you may, at your own discretion, submit disputes to the online platform of the European Commission at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage. In addition, European Union customers who have placed an order on the Site may (but are not obliged to) submit disputes relating to the sale of the products to the following Alternative Dispute Resolution organisation free of charge: ANM 62, Rue Tiquetonne, PARIS CS 30027 Website: http://www.anm-mediation.com/ Telephone number: 0142338103
16. Consent to the sending of electronic messages by publication on the site or by e-mail
You consent to the sending of agreements, notices, publications and other communications (collectively the "Communications"), to which these Terms and Conditions refer, from us in electronic form, including, without limitation, by e-mail or by posting messages on this Site. You acknowledge that all Communications from us to you by electronic means comply with the legal requirements for sending communications which must be in writing. If you wish to withdraw your consent to receive Communications electronically, you must notify us by sending an e-mail to contact@cmaballe.com and discontinue using this Site. In such event, all rights granted to you under these Terms and Conditions, including, without limitation, Section 6 of these Terms and Conditions, shall automatically terminate. Unfortunately, we cannot provide the benefits of the Site to a user who does not consent to receive Electronic Communications. Note that your consent to receive Communications is entirely separate from any other choices or consents you may have given with respect to receiving marketing communications. Your choices and rights regarding the receipt of marketing communications are set forth in our Privacy Policy [insert hyperlink].
17. General
You acknowledge and agree that these Terms and Conditions represent the complete and exclusive agreement between us with respect to your use of the Site, and supersede and govern all prior proposals, agreements and other communications. We reserve the right, to the extent permitted by law, to change these Terms and Conditions at any time by posting the changes on the Site and notifying you of such changes. Any changes will be effective immediately upon posting on the Site. The effective date of the current version of the Terms and Conditions of Use can be found at the top of this page. By continuing to use the Site, you agree to accept all changes to the Terms and Conditions. We may, with or without notice, terminate any of the rights granted by these Terms and Conditions. You must comply immediately with any termination or other notice, including, if applicable, by discontinuing all use of the Site. We also reserve the right, subject to applicable law, to modify or discontinue, temporarily or permanently, the Site (or any part thereof), with or without notice. Nothing in these Terms and Conditions shall be construed as creating any agency, partnership or other form of joint enterprise between us. Any failure by us to require performance by you of any provision of these Terms and Conditions shall not affect our right to require such performance at any time thereafter. Any waiver by us of any breach of any of the provisions of these Terms and Conditions shall not be deemed to be a waiver by us of any performance of that provision. In the event that any provision of the Terms and Conditions is invalid or unenforceable under applicable law or a court decision, such invalidity or unenforceability shall not render the Terms and Conditions invalid or unenforceable as a whole. We will amend or replace the invalid or unenforceable provision with another valid and enforceable provision that, to the extent possible, is consistent with our original purpose and intent as expressed in the original provision.