GENERAL TERMS AND CONDITIONS OF USE
Date of entry into force: 24/08/2022
The company Top-Tex Group (“Top-Tex” or “we/us”) publishes a blog accessible at the following URL: www.blog.toptex.com (the “Blog”). This Blog allows Top-Tex to make the content it produces (articles, product advice, news and trends) available to any Internet user who accesses it (“Users” or “you”).
These general terms and conditions of use (“GTCU”) govern the use of the Blog and access to the content accessible therein. Top-Tex reserves the right to amend them at any time, in which case you will be notified of the amendment and asked to accept them once again.
Consulting the Blog implies full and complete acceptance of these GTCU by the User.
The User pledges to carefully read the GTCU before starting to consult the Blog and acknowledges, in any event, that they have received all the necessary information from Top-Tex concerning the use and content of the Blog and that they have taken all necessary precautions for its use.
The User may contact Top-Tex for any questions relating to the use of the Blog, in particular to inform Top-Tex of any technical problem they encounter while browsing and/or using it; to do so, they should describe the problem encountered and send this description to the following address: [email protected].
The purpose of these GTCU is to set out the rights and obligations of the Parties while browsing the Blog.
2. ACCEPTANCE AND ENFORCEABILITY
The User acknowledges that they have received all the necessary information on the use of the Blog from Top-Tex and fully endorses these GTCU.
They acknowledge that they (i) are aware of the conditions under which the Blog operates and (ii) have all of the necessary technical skills to access and use the Blog and its content normally in compliance with the GTCU.
The User accepts the GTCU by ticking a box on the Blog. They can only benefit from the content proposed on the Blog if they accept these general terms and conditions. The GTCU are enforceable once they are accepted by the User.
3. AMENDING THE GTCU
The GTCU may be regularly updated.
If the GTCU are amended, the User must accept them in similar conditions to those when they were first accepted.
If the User does not accept them, they will no longer be able to access the Blog.
4. ACCESSING THE BLOG
Access to the Blog is open to any Internet user who wishes to benefit from the proposed content, from the following URL address: www.blog.toptex.com.
The Blog is accessible 24 hours a day, 7 days a week, subject to a case of force majeure or any malfunctioning and/or maintenance work necessary for the proper functioning of the Blog.
Prerequisites for consulting the Blog – any consultation or exploitation by the User of the content provided on the Blog requires a high-speed Internet connection (mobile or Wi-Fi network).
We recommend the latest version of a popular browser (Google Chrome, Mozilla Firefox or Safari) for an optimum experience.
Blog functions – you recognise that the Blog is constantly evolving and that its form and nature may undergo ad hoc changes without warning. You therefore may not make any complaints in this regard.
The Blog allows you to consult content such as articles, advice, news and trends and will present this content mainly in the form of text, images and/or videos.
Users may not interact directly with the Blog in any circumstances (i.e. they may not post comments).
Information and advice – all the information and advice (including concerning the use of products) available on the Blog are provided for informational purposes only. Top-Tex is in no way contractually bound by the provision of such information.
6. UNAVAILABILITY OF THE BLOG
Unavailability due to Top-Tex – we reserve the right to shut down all or part of the Blog at any time, with or without notice, particularly in the interests of corrective maintenance or upgrading to improve its content or presentation. Where possible, we will inform you in advance of any corrective maintenance or upgrading.
Unavailability independent of Top-Tex – you recognise that the Blog may be shut down for reasons beyond our control and that we therefore cannot guarantee continuous access to the Blog.
7. FORCE MAJEURE
Any event that prevents Top-Tex or the User from performing all or part of their obligations and that is beyond their control, when it could not be reasonably foreseen at the time of acceptance of the GTCU and when its effects cannot be avoided by appropriate measures, shall be considered as a case of force majeure preventing the affected party from fulfilling its obligations. Such a case of force majeure shall result in the said obligations being suspended until its cessation. In particular, Top-Tex shall not be held liable for any failure if such failure is caused by a case of force majeure.
Cases of force majeure or fortuitous events shall be deemed to be those usually accepted by the case law of the French courts and, in general, any cause leading to total or partial stoppage of Top-Tex’s activity or the activity of one of its suppliers or subcontractors.
The occurrence of a case of force majeure shall not result in the termination of the GTCU. It shall not entitle Users to claim any damages.
Top-Tex is only responsible for providing content in accordance with the stipulations of the GTCU. As such, Top-Tex has an obligation of means for any direct, material and foreseeable damage of any kind.
However, by using our services, you acknowledge that we cannot be held liable for any damage caused by you and/or a third party and/or a case of force majeure, or for any indirect damage as defined in the French Civil Code.
You also acknowledge that we are not liable for:
– Your negligence when using our content;
– The consequences of any failure and/or defect in your equipment;
– The consequences of non-compliance with the GTCU;
– The consequences of a shutdown or failure involving the Internet or Internet access services, including cases of force majeure, viruses, or any other system problems.
The total amount owed by Top-Tex under its global and cumulative liability is limited, all causes combined, to one hundred (100) euros.
If the Blog contains a hyperlink to a site not operated by Top-Tex, this does not constitute a recommendation or validation of that site or its content.
Therefore, Top-Tex cannot be held liable for the information provided or the opinions and recommendations issued by those third parties.
Top-Tex authorises the free creation of “deep” links to any page of its Blog, provided that Top-Tex is informed at the address given above.
10. INTELLECTUAL PROPERTY RIGHTS
The general structure of the Blog, as well as all texts, images (whether animated or not), sounds and photos, are the property of Top-Tex.
Consultation of the Blog does not grant any licence or any transfer of the rights pertaining to these elements of the Blog, unless expressly stated.
These elements are subject to the provisions of the Intellectual Property Code: any unauthorised (according to law or the GTCU) use may therefore result in legal action.
Thus, without the prior consent of Top-Tex or the holder of the rights pertaining to the element in question, it is forbidden to copy, reproduce, depict, adapt, modify or distribute any of the Blog’s elements, in part or in full, or all or part of its content, through any process whatsoever, or on any medium whatsoever.
In general terms, any unauthorised use of the Blog’s content or information may result in legal action by the holders of the rights in question, who reserve the right to claim damages.
11. SEVERABILITY OF THE GTCU
If one or more stipulations of the GTCU are found to be invalid or are declared as such under legislation, a regulation or following a final decision by a competent court, the other stipulations shall retain their full force and scope and shall remain valid and applicable. The same principles shall apply in the event of incomplete provisions.
That Top-Tex does not avail itself, at a given moment, of any of the provisions of the GTCU may not be interpreted as waiving the right to subsequently avail itself of any of these terms and conditions.
13. PERSONAL DATA PROTECTION
Top-Tex is likely to process your personal data to enable you to benefit from the Blog’s content.
Personal data means any information relating to an identified or identifiable natural person. An identifiable natural person is deemed to be a person who can be directly or indirectly identified, namely through an identifying factor, such as a name, an identification number, location data, an online username or any information specific to their physical, physiological, genetic, psychological, cultural or social identity.
Top-Tex undertakes to process your personal data in accordance with the regulations in force (French Law no. 78-17 of 6 January 1978 on data processing, data files and individual liberties, as amended, and any updates thereto, or Regulation (EU) 2016/679 (General Data Protection Regulation)).
Depending on the processing in question, you have the right to access, rectify, delete, limit the processing and demand the portability of your personal data.
14. APPLICABLE LAW AND ASSIGNING JURISDICTION
The validity, interpretation and performance of the GTCU and the resolution of any related disputes shall be governed and interpreted according to French law.
The Parties shall strive to amicably settle any dispute arising from the interpretation or performance of these GTCU.
If they are unable to reach an agreement and the dispute persists, they hereby agree to submit it to the competent court within the jurisdiction of the Montauban Court of Appeal.