Legal notices

LEGAL NOTICES AND TERMS OF USE

 

  1. Legal Notices

 

    1. Site Publisher

 

You are currently connected to the website of the company NOBLESSA S.A.S., accessible at the address http://www.noblessa.com.

 

This Site is published by the company NOBLESSA S.A.S, which has capital of 200,000 euros and is registered in the Register of Companies of Bobigny under the number 824 039 408, with the SIRET number 824 039 408 00011.

 

Head office: Roissypôle-Le Dôme, Aéroport CDG, 5 rue de la Haye, 93290 Tremblay-en-France, France. PO box address: CS 10992, 95733 ROISSY CDG Cedex, France.

 

Hereinafter “the Publisher”.

 

    1. Publication Director and Editor

 

Publication Director: Stefan Albrink (Chief Executive Officer)

Editor: Zita Tourneur

 

    1. Site hosting and maintenance

 

The Site is hosted and maintained by the company Smile Hosting SAS – a simplified joint-stock company with capital of 814,314.88 euros, registered in the Register of Companies of Nanterre under the number 378 615 363. Address: BP 50779 – 20 rue des Jardins 92600 Asnières-sur-Seine, France. Tel. +33 (0)1 41 40 11 00.

 

 

  1. Credits

 

The current version of the Site was designed and developed by the agency Smile.

 

  1. Terms of Use

 

  1. Preamble

 

The purpose of these Terms of Use (hereinafter “ToU”) is to establish the conditions for accessing and using the websites and mobile applications and the various services offered within them (hereinafter the “Site”) published by NOBLESSA and its members (hereinafter “Us” or “We”).

 

These Terms of Use may be supplemented, if necessary, by specific contractual terms and conditions applicable to the sale of products and services, for example. Since access to and use of the Site are subject to compliance with these ToU, every Internet user browsing all or part of the Site (hereinafter the “User”), undertakes to comply fully with these ToU for as long as he or she uses said Site.

 

If the User does not agree with these Terms of Use, he/she must stop using the Site immediately.

 

 

  1. Accessing the Site

 

The User may access the Site freely and free of charge, without registering or creating an account beforehand. However, the costs of accessing and using the telecommunication network shall be borne by the User.

 

Some pages of the Site contain PDF documents. To read these documents, you will require Acrobat Reader software.

 

The User acknowledges that he/she has the skills and resources necessary to access and use the Site; in particular, he/she acknowledges that he/she has checked that the IT equipment he/she is using to connect to the Site (computer, smartphone, etc.) contains no viruses and is in perfect working order.

 

The Site is accessible 24 hours a day, 7 days a week, except when an event of force majeure, or any other event beyond our control, including events linked to technical difficulties, occurs. Furthermore, We may interrupt access to the Site for maintenance reasons, in which case we will endeavour to inform Users in advance.

 

We cannot guarantee that the Site will function without interruption or error.

We are bound only by a best-efforts obligation as regards operation and continuity of service and we have no obligation to achieve a particular result as regards Site accessibility. In no event may we be held liable for interruptions or for any consequences that such interruptions may have.

 

We reserve the right to suspend, interrupt or limit access to all or part of the Site without prior notice, in particular for update operations.

 

The User is hereby informed that We may terminate or change the characteristics of the services offered on the Site at any time, without notice and without the User having any remedy against us or being able to claim any compensation from us.

 

We cannot be held liable for any harm resulting from the use of the Site, regardless of the cause of said harm.

 

In addition, We decline any liability for:

 

-     Any interruption of service that is involuntary or attributable to factors beyond our control;

-     Bugs or technical incompatibilities with the User’s equipment;

-     Any harm resulting from a fraudulent intrusion by a third party that has changed the information made available;

-     Any harm that may be caused to the User’s equipment as a result of accessing this Site and its services, or as a result of using or downloading any element of the Site.

 

 

  1. Intellectual Property

 

The Site’s content, general structure, and presentation, as well as the texts, photographs, animated or non-animated images, graphics and/or any other element it contains are covered by intellectual property rights held by Us.

 

Any total or partial representation, imitation or reuse of all or part of the Site by any method whatsoever and for any purpose whatsoever without our express prior written permission shall constitute a breach of this contract, as well as an infringement punished by the French legislation and international treaties on intellectual property, and/or a fraudulent extraction of data punishable under Article 323-3 of the French Penal Code.

 

Should the User require any information or wish to make a request to reproduce or use content from the Site (text, photograph, drawing, illustration, etc.), whatever the medium, he/she must send a prior request via the form provided in the “Contact” section, including the wording “Request for permission to reproduce material” and wait for a positive response before performing the requested action.

 

The dissemination of information or elements from this Site for private and non-commercial use is permitted, however, on condition that said information or elements are not modified and that such dissemination remains occasional.

 

Logos and marks

 

The name and logos reproduced on the Site, and particularly “NOBLESSA”, are registered names and trademarks, protected by national and international laws. The Site also contains a number of marks belonging to third parties (for example, those of our suppliers), which are also protected by national and international laws.

 

 

  1. Information published on the Site

 

    1. Overview

 

The Site may, in particular, offer the following content and services (subject to change):

 

  • A catalogue of the products we sell;
  • Information of current events and trends;
  • An online appointment-making service;
  • A map of retail outlets operating under the brand in France.

 

    1. Liability

 

The information provided on the Site is provided for guidance only and we cannot guarantee that it is correct, accurate, comprehensive or up to date.

 

We do all we can to ensure that all the information supplied on the Site is correct and up to date. However, despite all the care and diligence with which we collect and update this information, We cannot guarantee that it will be complete, accurate, correct, comprehensive or error-free.

The User is invited to check all the information published on the Site and to notify Us of any errors, omissions or inaccuracies via the “Contact” section of the Site.

 

We also reserve the right to correct or modify the content of the Site at any time, without prior notice.

 

The photographs, images and descriptions of products published on the Site are not contractually binding.

 

Ever keen to improve the quality of their production, the manufacturers of kitchen units and household appliances reserve the right to change the characteristics of the kitchen and appliance models presented on this Site.

 

We decline any liability for the information available on the Site and the use that may be made of information contained on the Site or obtained in response to a question asked through the Site.

 

In no event may We be held liable for harm of any nature, be it direct or indirect, resulting from use of the Site or in connection with the Site.

 

    1. The User’s obligations

 

The User is invited to check all the information published on the Site and to notify Us of any errors, omissions or inaccuracies via the “Contact” section of the Site.

 

The User undertakes to use the Site and the services it offers in strict compliance with these ToU, and in particular to refrain from any malicious and/or harmful use of the Site and from sending large numbers of requests or messages via the “Contact” section which could hamper, slow down or disrupt the operation of the Site.

 

  1. Prices

 

The prices including taxes given on the Site are provided as a guide only and, barring typographical errors, constitute the recommended maximum selling prices at the date of publication.

 

In accordance with the law, each independent store that joins the “NOBLESSA” brand is free to set its own selling prices. The prices indicated on the site may be changed by the independent member store at any time, without notice.

 

  1.  Protection of Personal Data

 

To ensure respect for our Users’ privacy, We undertake to ensure that the collection and processing of personal data via this Site are performed in accordance with the applicable regulations on the protection of personal data, more specifically French Law No 78-17 on Information Technology, Data Files and Civil Liberties [the “French Data Protection Act”] and the General Data Protection Regulation (Regulation No 2016/679), referred to as the “GDPR” (hereinafter referred to collectively as the “Regulations”).

 

Personal data collected when a User accesses and uses the Site undergo computerised processing, for which We are responsible as Site Publisher, for the purposes of managing online services, customer acquisition (direct marketing) and targeted advertising, and improving services, particularly by studying your browsing of the Site and statistics.

 

Processing is based entirely on your consent, which you may withdraw at any time.

The sole recipients of the data are Our internal departments and/or the departments of member companies, as well as service providers authorised to process your data and in charge of the operations necessary to pursue the aims set out above. We hereby undertake never to disclose your personal data to third-party partners without your agreement.

 

The data are retained for the duration of the commercial relationship and for a further period of three years after the last contact between you and Us.

 

Under the Regulations, you have a right to access, rectify and erase your personal data and – provided you have a legitimate reason – to object to the processing of your personal data, as well as a right to restriction and portability of your data in the conditions set out in the GDPR.

 

You also have the right to set guidelines on what happens to your data after your death, and to file a complaint with the French Data Protection Authority [CNIL].

 

You may exercise your rights by post. Any request to exercise your rights must be accompanied by proof of identity and be sent to the address given in our legal notices.

 

 

  1. External Links

 

For information purposes, the Site may reference other Internet resources via outbound hyperlinks.

 

We cannot be held liable for such hyperlinks. Indeed, sites linked directly or indirectly to the Site via such hyperlinks are not within our control.

 

We therefore accept no liability for the information published on these sites, and the hyperlinks thus provided in no way constitute an endorsement of the content of such sites.

 

In the event of a disagreement, or simply at the request of the operator of a referenced site, we undertake to delete the hyperlink as promptly as possible. Such requests must be made via the form available in the “Contact” section and include the wording “request to remove a hyperlink”.

 

Concerning inbound hyperlinks, We may authorise the publication of a link to the Site, provided that the spirit of the Site is respected, a condition which excludes, in particular, sites disseminating information and/or content that is illegal and/or controversial, political, religious, pornographic, xenophobic, or which may, more generally, offend Internet users’ sensibilities.

 

Users who publish such links to the Site undertake to request permission by contacting Us via the form available in the “Contact” section.

We accept no liability for the information contained in any sites linked to our Site via a hyperlink or by any other means.

 

 

  1. Security

 

We undertake to take all necessary precautions to keep information secure and in particular to prevent it from being distorted, damaged or communicated to unauthorised persons.

 

Nevertheless, We cannot and do not guarantee that the servers hosting the Site are virus-free or that the files available for download on this Site or any other third-party Site are virus-free and free from operating errors.

 

Furthermore, the User declares that he/she is perfectly aware that, due to the characteristics and constraints of the Internet, the data circulating thereon are not protected against any form of intrusion, including by hacking, and that it is therefore impossible to provide any absolute guarantee of complete security for data transmitted on the Internet.

 

We hereby expressly remind you that the Internet is not a secure network. In light of that fact, it is the responsibility of the User to take all necessary steps to preserve the confidentiality of information transmitted over the Internet. We recommend that Users are very careful with their personal information, and that they take the necessary and appropriate measures to protect their data, software and equipment, particularly against any intrusion by a third party and against any contamination by any viruses that may be circulating on the Internet.

 

In no event may We or any of our subcontractors be held liable for any harm that may occur while accessing and using the Site.

 

 

  1. Use of “cookies” and statistical tools

 

    1. Our cookies

 

We use “cookies” to optimise your use of the Site.

 

A cookie is a small text file that does not allow the User to be identified, but records information about a computer’s browsing on a site.

 

The cookies We use do not contain personal data, but only an anonymous identification number and information about the browsing of the computer concerned on the Site (pages viewed, date and time of viewing, etc.).

 

They are mainly session cookies used for User authentication and connection to the Site and to memorise browsing elements during a session. These cookies are essential for User browsing and Site accessibility. They can be deleted or blocked. However, in such an eventuality, some features of the Site may not function as they are supposed to.

 

Other cookies, used to record the User’s preferences, the settings chosen, and the pages previously viewed, are also installed during browsing of the Site. Enabling these cookies is not strictly necessary for the functioning of the Site, but they do improve browsing performance.

 

These “cookies” are used with the main aim of improving the personalised service provided to the User. The data thus obtained are intended to facilitate subsequent browsing on the Site.

 

    1. Statistics and audience measurement

 

In order to adapt the Site, its content and its services to Users’ expectations, We use the audience measurement service “Google Analytics”. The cookies used for this service are used to analyse Internet users’ behaviour and, in particular, number of visits, number of pages viewed, Users’ activities on the Site and how frequently they return.

 

The data generated by cookies concerning the use of the Site (including the IP address) will be transmitted and stored by Google on servers that may be located in the United States.

 

Google will use this information to evaluate the use of the site, compile reports about Site activity and provide other services concerning Site activity and Internet use.

Google may communicate these data to third parties when it has a legal obligation to do so or when said third parties process the data on Google’s behalf, including, in particular, the Publisher of this Site. Google will not cross-reference your IP address with any other data held by Google.

 

The User may object to the use of Google Analytics by clicking on the following link: https://tools.google.com/dlpage/gaoptout?hl=fr

 

    1. Third-party cookies

 

When you access the Site, one or more cookies from third-party companies may be placed on your computer. The purpose of these third-party cookies is to identify your interests through the products you view or purchase on the Site and to collect browsing data in order to customise the advertising directed at you outside of the Site.

 

This is the case, for instance, when content is shared on social media (e.g. Facebook) through the integration in the Site of social media “share buttons”. This may result in the use of cookies by such social media.

 

We hereby inform you that we have no access to, and can exercise no control over, third-party cookies.

 

We hereby inform you that you may refuse to accept third-party cookies.

 

Finally, in more general terms, We hereby inform you that it is possible to withdraw your consent to the use of cookies from the Site or third-party sites at any time, either for all cookies or for cookies used for certain purposes.

 

Internet users may, for example, easily withdraw their consent using the following methods at their disposal:

 

– Deleting and managing cookies in Mozilla Firefox:

1.            Click on the Firebox button at the top of the Firefox window.

2.            Select the Privacy tab.

3.            Under “History”, select “Use custom settings for history”.

4.            Uncheck “Accept cookies from sites"

 

– Deleting and managing cookies in Internet Explorer:

1.            Go to Tools > Internet Options.

2.            Click on the Privacy tab.

3.            Click on the Advanced button and check the box "Override automatic cookie handling".

 

– Deleting and managing cookies in Chrome:

1.            Click on the Chrome menu icon.

2.            Select “Settings”.

3.            Click on “Advanced”.

4.            In the “Privacy and security” section, click on “Content settings”.

5.            Select your preference in the “Cookies” section.

 

You can also disable third-party cookies on the sites of the companies that issue them.

 

It is also possible to unsubscribe (i) from any ad network by clicking on the following link: http://www.youronlinechoices.com/fr/foire-aux-questions/ and (ii) from advertising

The consent obtained by NOBLESSA from Internet users to use cookies is valid for thirteen (13) months from the time the cookies are installed and may be extended by a further manifestation of consent from the User.

 

  1. Applicable Law

 

These ToU are subject to French law and the competent courts are all French courts.

 

In the event of a dispute stemming from the interpretation or execution of these ToU, when the User enters into a contract as a retailer, express competence is attributed to the courts of Bobigny, notwithstanding multiple defendants or the introduction of third parties, and even for interim proceedings. This provision does not apply in the event of a dispute with a non-retailer, for whom the legal rules on attribution of competence apply.

 

In any case, in the event of a dispute, you undertake, prior to any legal action, to contact your selling store.

 

  1. Amendment of the ToU

 

We reserve the right to amend these ToU as we see fit, without notice. In such cases, the new version of these ToU will be published immediately on the Site and, as of the date of publication of said new version, any browsing on the Site will be fully subject to said new version.