General Conditions of Sale
Here is a reformulation of the 21 articles of the General Conditions of Sale (GCS) of MyExplorer France®:
ARTICLE 1 – CONDITIONS OF USE OF OUR ONLINE STORE
By accepting these Terms, you confirm that you are of legal age in your jurisdiction and authorize any minors under your responsibility to use this site. Use of our products for any illegal or unauthorized purpose is prohibited. Any violation will result in immediate termination of your services.
ARTICLE 2 – GENERAL CONDITIONS
We reserve the right to refuse access to our Services to anyone, at any time, for any reason. Your content (excluding credit card information), may be transferred unencrypted over various networks. Credit card information is always encrypted during transmission. You agree not to reproduce, copy, sell or exploit any portion of the Service without our prior written permission.
ARTICLE 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We do not warrant that the information on this site is accurate, complete or current. It is provided for general information purposes only and should not be relied upon as your sole source of information for making decisions. Any reliance on the material on this site is at your own risk.
ARTICLE 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part thereof) at any time without notice. We will not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
ARTICLE 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online and in limited quantities, subject to our Return Policy. We strive to display the colors and images of our products as accurately as possible, but we do not guarantee that any display on your monitor will be accurate. We reserve the right to limit the sales of our products or Services to any person or region, and to change or discontinue any product at any time.
ARTICLE 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order. We may limit or cancel quantities purchased per person, household or order. If we make a change to or cancel an order, we will attempt to notify you. You agree to provide current, complete and accurate order and account information for all purchases made at our store.
ARTICLE 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither control nor exercise any control norCurrent Liability. You acknowledge that we provide access to such tools ”as is” and “as available” without warranty. We shall not be liable for any problems arising from your use of third-party tools.
ARTICLE 8 – THIRD PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of third-party sites.
ARTICLE 9 – USER COMMENTS, SUGGESTIONS AND OTHER SUBMISSIONS
If you send us comments, ideas or other submissions, you grant us the right to edit, copy, publish and otherwise use them. We are under no obligation to maintain any comments in confidence, to pay compensation or to respond to any comments.
ARTICLE 10 – PERSONAL INFORMATION
Your submission of personal information through our store is governed by our Privacy Policy.
ARTICLE 11 – ERRORS, INACCURACIES AND OMISSIONS
There may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions. We reserve the right to correct such errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice.
ARTICLE 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the TOS, you are prohibited from using the Site or its content for any unlawful purpose, to solicit others to perform any unlawful acts, to violate any international, federal, provincial or state regulations, to infringe our intellectual property rights or the intellectual property rights of others, to harass, abuse, insult, defame, slander, intimidate or discriminate, to submit false or misleading information, to upload or transmit viruses or any other type of malicious code, to collect or track the personal information of others, to spam, phish, pretext, spider, crawl, or scrape for any obscene or immoral purpose, or to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
ARTICLE 13 – EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
ARTICLE 14 – COMPENSATION
You agree to indemnify, defend and protect MyExplorer France®, our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, as to any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your violation of these T&Cs or the documents they incorporate by reference, or your violation of
ARTICLE 15 – INDEPENDENCE OF CLAUSES
If any provision of these General Terms and Conditions of Sale and Use is deemed illegal, invalid or unenforceable, it will be applied to the extent permitted by law. The unenforceable part will be considered separate from the rest of the conditions, without affecting the validity and application of the other clauses, which will remain in force.
ARTICLE 16 – TERMINATION OF THE CONTRACT
Commitments made prior to termination of these terms and conditions shall remain valid after their cancellation.
These Terms are effective unless and until terminated by either the User or our Company. You may opt out of these Terms by ceasing to use our Services and notifying us of your decision.
If we believe that you are in breach of these terms, we reserve the right to terminate your access to our services immediately and without notice. You will remain liable for all amounts due up to the date of termination.
ARTICLE 17 – OVERALL CHARACTER OF THE AGREEMENT
Any failure to enforce any provision does not constitute a waiver of that right.
These Terms, together with any associated policies available on our Site, constitute the entire agreement between you and our Company. They supersede all prior communications, agreements or proposals, whether oral or written. Any ambiguities in their interpretation shall not be used against the drafting entity.
ARTICLE 18 – APPLICABLE LAW
These General Conditions of Sale and Use, as well as any related contract, are subject to French law. In the event of a dispute, the competent courts of the jurisdiction of our head office will be the only ones authorized to rule.
ARTICLE 19 – MODIFICATIONS OF THE CONDITIONS
We reserve the right to change these terms at any time. Updates will be posted on our site and will be effective immediately upon posting. It is your responsibility to check back regularly for changes. Your continued use of our site following the posting of changes constitutes your acceptance of the new terms.
ARTICLE 20 – CANCELLATION AND RIGHT OF WITHDRAWAL
If a customer wishes to cancel their order after validation, they can do so free of charge within 6 hours of their purchase.
In accordance with current legislation, consumers have 14 days after receipt of their order to exercise their right of withdrawal, without having to justify their decision. Only the return costs remain their responsibility. This right does not apply to personalized items or products whose packaging has been opened and which cannot be resold for hygiene reasons.
ARTICLE 21 – CONTACT AND RESPONSIBILITY UPON DELIVERY
For any questions regarding these conditions, you can contact us at info@myexplorer-france.com .
When your order is delivered, we advise you to carefully check the condition of your items in the presence of the delivery person. In the event of an anomaly (damaged package, missing or defective product), it is imperative to mention it immediately on the delivery note before signing. Any subsequent claim cannot be taken into account if this procedure has not been followed. We thank you for your vigilance.