The conditions of sale of the Products offered on the Site are defined in the Aluspirit Terms and Conditions, available by clicking here.
2 - Definitions
For the purposes of these TOS, capitalized terms, whether used in the singular or plural, shall have the following meaning:
- Aluspirit : refers to the company Aluspirit, a simplified joint stock company with a capital of 60,000 euros, registered with the Vienne Trade and Companies Register under number 888 530 672 and whose registered office is located at 231 Chemin du Ténement, 38260 Porte-des-Bonnevaux (France) ;
- TOS : refers to the present Terms of Service ;
- Products : refers to the products marketed by Aluspirit from the Site;
- Services : refers to the functionalities and services as determined in article 5 made available to Users and accessible from the Site;
- Site : refers to the Internet Site published by Aluspirit and accessible in particular via the URL address https://www.aluvy-design.com/;
- Users : refers to all users, visitors to the Site, including Clients (in the sense of the Terms and Conditions accessible by clicking here).
3 - Scope of application, acceptance and modification of the TOS
The purpose of the TOS is to define the conditions under which Users may consult the Site and benefit from the Services.
Access to or use of all or part of the Site and/or the Services implies the User's acceptance without restriction or reservation of these Terms of Service.
As these Terms of Service may be subject to modification, the applicable conditions are those in force and accessible on the Site on the date of access to the Site by the User.
4 - Site access and availability
Access to the Site is free of charge.
Aluspirit makes its best efforts to make its Site available 24 hours a day and 7 days a week, independently of Site and/or Service maintenance operations.
However, Aluspirit reserves the right to interrupt access to all or part of the Site for maintenance and/or improvement work. These interruptions shall, to the extent that Aluspirit is able to do so, be notified in advance to the User, in particular by broadcasting an alert message on the Site.
In the event of an emergency, Aluspirit reserves the right to suspend all or part of the Site without prior notice, for a reasonable period of time, in order to carry out any technical operation required.
These interruptions may not give rise to any compensation in favour of the User, including if these interruptions occur during the Client's purchase of Products.
In this respect, Aluspirit is bound by an obligation of means.
5 - Description of Services
Aluspirit makes available to Users, through its Site, access to content of all kinds, including multimedia and/or software and/or interactive content, accessible from the Site.
In addition, it is reminded that the Site allows Clients to acquire Products, subject to the creation of an account, under the conditions and modalities defined in the Terms and Conditions, which can be accessed by clicking here.
6 - Guarantees - Responsibilities
By accessing the Site and the Services, the User declares, guarantees and undertakes to :
- access and use the Site and/or Services in good faith, in a reasonable manner, not contrary to the terms of these TOS ;
- not to use devices or software other than those provided by Aluspirit intended to i) affect or attempt to affect the proper functioning of the Site and/or Services ii) to extract, modify, consult, even in buffer or temporary memory, or for individualised use, all or part of the Site and/or Services;
- not to access and/or use the Site and/or Products and/or Services for illicit purposes and/or with the aim of causing damage to the reputation and/or image of Aluspirit and/or Users, or more generally to infringe the rights, notably intellectual property rights, of Aluspirit and/or third parties, including Users ;
- not to directly or indirectly market the Products and/or access to the Site and/or Services;
- not to reuse or exploit all or part of the Site and/or the Services it contains, in particular for commercial and/or collective and/or personal purposes in a form and/or media not authorised by Aluspirit and/or the Users;
- not to reproduce or represent all or part of the Site and/or Services for private purposes beyond the legal exceptions provided for, in particular by the Intellectual Property Code, or with a view to direct or indirect marketing, in particular to third parties;
- not to limit access to and use of the Site and/or Services;
- ensure that the use of the Site and/or Services does not affect or compromise the stability, security and quality of the Site, networks, bandwidth or infrastructures of Aluspirit, other Users and/or third parties;
- not contravene the provisions of articles 323-1 to 323-7 of the French Penal Code, which punish so-called "hacking" practices;
In the event of failure to comply with any one of these obligations, without this list being exhaustive, the User is informed that Aluspirit shall have the right to refuse or suspend, unilaterally and without prior notification, access to all or part of the Site and/or Services.
7 - Advertising
Aluspirit reserves the right to broadcast advertising or promotional messages on the Site, including within the framework of the Services.
8 - Limitation of liability
The User is solely responsible for the use he makes of the Site and the Services.
Aluspirit cannot be held liable in any way in the context of proceedings brought against the User who is guilty of non-conforming use of the Site and/or Services.
In this respect, the User acknowledges and accepts that any claim or proceedings brought against Aluspirit, due to the non-conforming use of the Site and/or Services by the User, shall be his personal responsibility.
The Site may contain hypertext links to third party websites.
In this respect, given the evanescent nature of the content that may be disseminated on the websites to which the said hypertext links point, Aluspirit cannot be held liable in the event that the content of the said third party websites contravenes the legal and/or regulatory provisions in force.
In any case, Aluspirit cannot be held responsible:
- in the event of unavailability of the Site and/or the Services for reasons such as the failure of the public electricity network, the failure of the telecommunications cable networks, the loss of connectivity to the Internet network due to public or private operators, in particular the User, for any reason whatsoever, notably strikes, storms, earthquakes or any other cause having the characteristics of major force ;
- in the event of use of the Site and/or Services by any User in conditions that do not comply with the terms of these TOS;
- within the limits of the legislation in force, for any indirect damage, including in particular loss of profit, data or any other loss of intangible assets, even if Aluspirit has been informed of the potential for such damage, which may arise (i) from the use or impossibility of using the Site (ii) following access to the Site by an unauthorised User.
Aluspirit cannot be held responsible for any malfunction of any nature whatsoever relating to the User's computer equipment or Internet access connection, when accessing the Site.
More specifically, Aluspirit cannot guarantee the User against any problems with access speeds to the Site and/or with the buffering speed of the User's computer that he or she may encounter.
9 - Major force
Aluspirit cannot be held liable if the execution of one of its obligations is prevented or delayed due to a case of force majeure as defined by the jurisprudence of the French Courts and Article 1218 of the Civil Code, and in particular natural disasters, fires, malfunction or interruption of the telecommunications network or the electricity network.
10 - Intellectual property
10.1. Copyright on the Site and its content
Aluspirit is the holder or licensee of the intellectual property rights for both the general structure of the Site and its content (texts, slogans, graphics, images, videos, photos, programmes, Products and other content).
Consequently, any representation, reproduction, modification, denaturation and/or total or partial exploitation of the Site and/or Products and/or Services, by any process whatsoever and on any medium whatsoever, without the express and prior authorisation of Aluspirit, is prohibited and constitutes acts of copyright infringement.
Likewise, any unauthorised use of the Site and/or Services and/or Products engages the User's criminal and civil liability on the basis of copyright infringement.
The User acknowledges and accepts that access to the Site and/or Services and/or Products made available by Aluspirit does not entail any transfer or concession of intellectual property rights (notably copyright) and other personality rights (image rights, right to privacy) for the benefit of the User.
Access to the Site and the Services is exclusively limited to the private and personal use of the User under the conditions and limits defined in the present TOS.
10.2. Distinctive signs
The trademarks, logos, corporate names, acronyms, trade names, signs and/or domain names of Aluspirit and/or its commercial partners mentioned on the Site and/or Products, made available by Aluspirit on the Site, constitute distinctive signs that cannot be used without the express and prior authorisation of their owner.
Any representation and/or reproduction and/or partial or total use of these distinctive signs is therefore prohibited and constitutes trademark infringement, usurpation of company names, trade names and domain names, which may result in the civil liability of the author.
10.3. Hypertexts links
Aluspirit cannot be held responsible for hypertext links accessible on the Site and/or within the framework of the Services, to other Internet sites and, in general, to any existing resources on the Internet.
The User may under no circumstances set up hypertext links to deep pages of the Site, allowing access to the pages of the Products by any technical process designed to bypass the Client's identification field or to suck up all or part of the content of the Site's pages.
The technique of "framing" is prohibited, unless expressly authorised in advance by Aluspirit.
10.4. Data bases
The User irrevocably acknowledges that the Site and the Services, including the structure and/or ordering of the Products, are made up of one or more databases made available to Users by Aluspirit in its capacity as producer of said databases within the meaning of the provisions of articles L.341-1 and following of the Intellectual Property Code.
Consequently, in accordance with the provisions of Article L.342-1 of the same Code, the User agrees not to :
- the extraction by permanent or temporary transfer of all or a qualitatively or quantitatively substantial part of the content of one or more of the databases accessible on the Site, including the structure and/or the order of the Products, on another medium, by any means and in any form whatsoever, including for the purposes of use or consultation by a media and/or process(es) not authorised by Aluspirit ;
- the reuse, by making available to the public all or a qualitatively or quantitatively substantial part of the content of one or more of the databases accessible on the Site and/or the Services, including the structure and/or ordering of the Products, in any form whatsoever, including through a hypertext link, a media and/or a process(es) not authorised by Aluspirit ;
- the creation, edition, maintenance, updating, import, export, making available to third parties, free of charge or against payment, and participation in the aforementioned acts, of a competing database resulting from all or part of one or more of Aluspirit's databases;
- the display on a screen by any other process or media other than those by which Aluspirit intends to disclose the Site and/or Services, including the structure and/or ordering of the Products;
- generally speaking, any extraction, use, storage, reproduction, representation or conservation, whether direct or indirect, partial or total, including in buffer or temporary memory, qualitatively or quantitatively substantial of the contents of one or more of Aluspirit's databases, committed by one of the processes referred to above is strictly prohibited, including by a media not authorised by Aluspirit.
11 - Protection of Personal Data
12 - Assistance - Claim
For any information, queries or complaints of a technical nature, the Customer is invited to send his request by e-mail to: firstname.lastname@example.org.
He may also contact Aluspirit's customer service department on the following number 04 81 68 39 47 (non surcharged number) during the following days and hours: Monday to Friday from 9am to 6pm, excluding public holidays.
13 - Miscellaneous provisions
13.1. Correspondence - Evidence
Unless otherwise specified in these TOS, correspondence between Aluspirit and the User is mainly carried out by e-mail.
In application of articles 1366 and following of the French Civil Code, the User acknowledges and accepts that the information delivered by Aluspirit by e-mail and/or by the Site is deemed authentic between him/her and Aluspirit.
Elements such as the time of receipt or transmission, as well as the quality of the data received, shall be deemed to be authentic as a matter of priority as they appear on the aforementioned media, or as authenticated by Aluspirit's computerised procedures, unless the User provides written proof to the contrary.
The scope of the proof of the information delivered by the Site is that given to an original in the sense of a written paper document, signed in a handwritten manner.
13.2. Integrity of the TOS
The present TOS express the entirety of the obligations of Aluspirit and the User relating to their object. The fact that one of the parties does not take advantage of a breach by the other party of any of the obligations set forth herein shall not be interpreted in the future as a waiver of the obligation in question.
13.3. Partial invalidity
In the event that one or more stipulations of the present TOS are considered null and void, deemed to be unwritten or declared as such in application of a law, a regulation or following a decision of a competent court having the force of res judicata, the other stipulations will retain their full force and scope and will remain fully applicable, unless the invalid stipulation(s) is (are) of a substantial nature and their disappearance would call into question the contractual balance.
In the event of difficulties of interpretation between one of the titles appearing at the head of the clauses of these TOS and one of the clauses, the titles will be declared non-existent.
14 - Applicable law and settlement of disputes
These TOS are subject to French law.
In the event of a dispute that may arise in relation to these TOS, their interpretation and consequences or with the acts supplementing or modifying them, the User shall approach Aluspirit in order to try to obtain an amicable solution. Any claim against Aluspirit must be made in writing.
In the absence of an amicable settlement, the User can choose :
1) To resort to an amicable mediation solution within a maximum period of one (1) year from the date of the User's written complaint to Aluspirit by either (i) contacting a mediator of his choice, (ii) or by using the online dispute resolution system accessible at the following address: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage it being specified that the proposed mediation process cannot be a precondition for the User to be referred to the competent courts.
2) To bring his/her claim before the competent French courts
Version effective as of: 18 January 2021