Acceptance of the GTU
By browsing the Website, you accept these GTU. If you do not accept these GTU, you may not have access to or make use of the Website. We can modify these GTU at any time without notifying you.
The provisions contained in these GTU prevail over all prior notices or declarations concerning the conditions which apply to this Website. The date of entry into force of our GTU is indicated at the end of these GTU. We encourage you to regularly consult our Website in order to read the GTU in force and to note any changes that may have been made. If we make significant changes to the GTU, we will post the amended GTU and their effective date on this Website. You must refer to the version accessible online on the date of your browsing and on the date of your access and use of the Services. By using the Website after the entry into force of a modification of the GTU, you agree to be bound by the said modification.
BABYZEN grants you the right to access and use its Website, subject to compliance with the GTU. These GTU apply to all features, active thumbnail images, extension modules, applications, content, downloads or other Services on the Website which belong to us, which we control and which we are making available to you.
BABYZEN informs you that the online sales Service for the brand's products is also governed by the General Terms of Sale (accessible on the site: https://store-fr.babyzen.com/pages/terms-conditions). You will be asked to expressly accept the GTU when the online sales Service is used.
Rules and Limits of Use of the Website and Website Modifications
We reserve the right, for any reason, at our sole discretion and without notifying you, to terminate, modify, suspend or discontinue any element of the Website, and shall not be held liable for this towards you or any third party. We may also impose rules and limits on the use of the Website or restrict, by law, in whole or in part your access to the Website without notice or penalty. We are entitled to change these rules and/or limits at any time, at our sole discretion.
RESTRICTIONS AND CONDITIONS OF USE
In general, each user agrees to strictly ensure compliance with all legislative and regulatory provisions, as well as these GTU in the context of his/her use of the Website and the Services.
We will be entitled to exclude any user from the Website or to remove their access to our Services at our discretion for any reason whatsoever, including, without limitation, any breach of applicable legal and regulatory provisions or of these GTU.
You acknowledge that you are solely responsible and that our responsibility towards you or any other person or entity cannot be engaged for any breach of these GTU that you may commit or the consequences thereof.
We will be entitled to contact any user to ask him/her to remedy any breach or violation.
You agree not to connect to the Website or the Services and not to use them in a way that is not expressly permitted in these GTU.
You agree not to access or attempt to access the Services (i) by means other than through the Website or (ii) by automated means (including, without limitation, through the use of scripts, bots, unauthorized third-party applications, spiders or crawlers.)
You agree in your use of the Website and the Services:
- Not to disseminate the personal information of any other user, including their contact details or similar information without the consent of that user
- Not to engage in any activity or post content that:
(a) is violent or threatening, abusive, obscene or promotes violence or actions of a threatening nature against any other person;
(b) infringes, misappropriates or violates the patents, copyrights, trademarks, trade secrets, trade secrets, moral rights or other intellectual property rights or rights of publicity or rights to privacy of a third party;
(c) violates or encourages any conduct which would violate any legislative or regulatory provision or which could give rise to a civil liability action;
(d) is fraudulent, deceptive, defamatory, misleading (directly or by omission or lack of updating of information) or fallacious;
(e) promotes discrimination, sectarianism, racism, hatred, harassment or nuisance directed against a person or a group of persons;
(f) constitutes a phishing or domain hijacking operation or impersonates another person or entity or steals or usurpates a person (whether it is a real identity, a nickname on line or a pseudonym); or
(g) is in any other way contrary to the applicable laws and regulations.
- Not to engage in any activity that:
(a) constitutes, assists or participates in any type of attack (including by spamming operations, software, code, file or computer program virus (spam, logic bomb etc., by overload, "flooding", "crashing"), by falsifying a TCP / IP header or any header element in an email or a post on a forum) on the Website or the Services (or any servers, systems or networks connected to the Website or the Services);
(b) attempts to interfere with, disrupt, corrupt or compromise the operation of the Website or the Services or the use by any other person or entity of the Website or the Services (or any servers, systems or networks connected to the Website or to the Services), attempt to examine, scan or test the vulnerability of a system or network or to defeat security or authentication measures without authorization;
(c) attempts to gain unauthorized access to Services or registered accounts of other users or to any servers, systems or networks connected to the Services;
(d) uses the Website or the Services to develop, generate, transmit or store information that is unlawful, defamatory, harmful, abusive, hateful, insulting to races and ethnicities and which encourages conduct which could be considered a criminal offense.
You are not allowed to:
(a) Remove proprietary notices from the Website and/or the Services;
(b) Cause, permit or authorize the modification or the creation of derivative works, translations, reverse engineering, decompilation, disassembly, decryption, or piracy of the Services;
(c) Sell, assign, rent, lease, or assign rights to the Services, including, without limitation, by sublicensing to any other person or entity without the prior written consent of Babyzen; or
(d) Make any false, misleading or misleading statements regarding Babyzen or the Website or the Services.
Each user agrees to report to Babyzen any abuse observed, as well as any inappropriate conduct or comments on the part of other users.
We regularly conduct inspections on the use of our Services from time to time, including for security and fraud protection purposes. We have no obligation to monitor communications made between users via the Website. However, we reserve the right to delete all or part of the content created, used or distributed in a public or private manner by users who do not comply with the applicable legal and regulatory provisions or who breach these GTU.
We manage and operate the Website from our offices in France, and all information is processed in France. We make no warranty as to the suitability or availability of the elements of the Website in other countries.
People who choose to access the Website from another country do so on their own initiative and are solely responsible for complying with local laws, if and to the extent that local laws are applicable.
Product names, logos, designs, titles, words or phrases may be protected by law as registered trademarks, service trademarks or commercial trademarks of BABYZEN or other companies. These registered trademarks, service trademarks and commercial trademarks may be registered in France or internationally.
Unless otherwise specified, between you and BABYZEN (or any other company whose brands appear on the Website), it is BABYZEN (or the company concerned) which is the owner and/or authorized user of any commercial trademark, registered trademark and/or service trademark appearing on the Website, and the owner of the copyright or license to the content and/or information published on the Website.
The information available on the Website, including, but not limited to, the entire design of the Website, texts, graphics, interfaces, selection and arrangements is protected by law, and in particular by the laws of copyright.
Unless otherwise stated in these GTU, use of the Website does not mean that you hold a license for any content, functionality or element that you can access on the Website, and you cannot modify, rent, lend, sell, distribute or create derivative products based entirely or in part on such content, functions or elements. We do not grant any license or authorization to users of our commercial trademarks, registered trademarks and service trademarks, or other material subject to copyright and any other type of intellectual property, by incorporating them into our Website.
Any commercial use of the Website is strictly prohibited, except for authorizations granted in these GTU or approved in any other way by us. Unless BABYZEN advises otherwise, you are not authorized to download or save any copy of the content or screens for any purpose.
If you use the Website in a way other than that provided for by the GTU, you risk infringing copyright and other laws in France, or in other countries and regions, and you may be held liable for such unauthorized use.
Links from and to the Website
You have the option of following links to third party websites (“Linked Websites”) from the Website. However, the Linked Websites are in no way controlled, verified or examined by BABYZEN. BABYZEN is not responsible for the content, availability, advertising, products, information or use of user information or any other element of these Linked Websites, or any other link offered on these Linked Websites. These links do not mean that BABYZEN supports or is associated with the Linked Websites. It is your sole responsibility to respect the conditions of use of the Linked Websites as well as any other obligation related to the laws on copyright, secrecy, defamation, propriety, confidentiality, security and exportation in connection with the use of these Linked Websites and their content.
BABYZEN shall in no way be held responsible, directly or indirectly, regarding any person, for any loss or damage caused by the creation or use of the Linked Websites or information or elements obtained through these Linked Websites. Please direct any request to the administrator or webmaster of the site concerned. BABYZEN reserves the exclusive right to add, modify, refuse or remove without notice and at its sole discretion any element or link to one of the Linked Sites from the Website and/or to offer different functions or links to different users.
No link may be added to the Website without our prior authorisation. To request such authorisation, please write to BABYZEN. We reserve the right, however, to refuse any request or revoke any authorisation granted by us to add any type of link to the Website, and to require that the link be removed from the Website at our discretion and at any time.
The Services include features operated in partnership with certain third-party social networking sites that you visit (“Social Media Features”). While use of the Social Media Features is governed by these GTU, your access and use of third-party social networking websites and the services provided through such websites are governed by the terms of service and other agreements posted on these websites. It is impossible for BABYZEN to determine on a case-by-case basis whether your use of the Social Media Features could result in a violation of the operating conditions and/or other agreements published on these third-party websites.
You understand and acknowledge that your use of the Social Media Features may result in a violation of the operating conditions and/or other agreements posted on these third-party websites, which may result in the closing of your account and inability to access these third-party websites and, in some cases, may give rise to liability for damages. You agree to take full responsibility for your use of the Social Media Features and acknowledge that BABYZEN cannot be held responsible for you or any other person for any violation of the operating terms or any other agreement of such third-party website, application or service arising from your use of the Social Media Features.
You agree to defend, indemnify and hold BABYZEN, its directors, representatives, employees, agents and affiliates harmless for all claims, liability, damages, costs and expenses, fines, penalties, interest (including attorneys’ fees), in the context of any connection with your use of the Website, your violation of these GTU or the publication or transmission of any material on or via the Website by you, including, but not limited to, any claim by a third party for any infringement of the right of ownership of any information or element provided by you.
Exclusion of guarantees
YOU UNDERSTAND AND AGREE THAT:
THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ALL CONTENT, FUNCTIONS, ELEMENTS AND SERVICES, ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION EXCEPT TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTIES RELATING TO INFORMATION, DATA, DATA PROCESSING SERVICE OR INTERRUPTION OF ACCESS AND ANY WARRANTIES REGARDING INFORMATION AVAILABILITY, ACCURACY, COMPLETENESS, RELEVANCE OR THE CONTENT, AND ANY WARRANTIES OF TITLE, NON-BREACH, COMMERCIAL VALUE, OR ADEQUACY FOR A PARTICULAR PURPOSE.
BABYZEN DOES NOT WARRANT THAT THE WEBSITE OR ANY FEATURES, CONTENTS OR SERVICES OFFERED THEREIN SHALL BE APPROPRIATE, SECURE, UNINTERRUPTED, PUNCTUAL OR FREE FROM ERRORS, OR THAT DEFECTS SHALL BE CORRECTED.
BABYZEN DOES NOT GUARANTEE THAT THE WEBSITE WILL MEET USER EXPECTATIONS OR REQUIREMENTS. BABYZEN DOES NOT GUARANTEE THAT YOU SHALL BE ABLE TO ACCESS OR USE THE WEBSITE OR THE SERVICES AT THE HOURS AND LOCATIONS YOU CHOOSE.
NO ADVICE, RESULT OR INFORMATION, OR WRITTEN OR ORAL ELEMENT, OBTAINED THROUGH THE WEBSITE CAN CREATE ANY WARRANTY NOT EXPRESSLY GRANTED IN THESE GTU OR IN THE GTS OR IMPOSED BY APPLICABLE LAW.
IF YOU ARE NOT SATISFIED WITH THE WEBSITE, YOUR SOLE RECOURSE IS TO STOP USING IT.
ANY MATERIAL DOWNLOADED OR OBTAINED IN ANY OTHER MANNER THROUGH THE USE OF THE WEBSITE IS AT YOUR SOLE DISCRETION AND RISK, YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, MOBILE PHONE OR OTHER DEVICE OR ANY LOSS ARISING FROM DOWNLOADING ANY MATERIAL.
BABYZEN DOES NOT SUPPORT NOR GUARANTEE ANY PRODUCTS AND SERVICES OFFERED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE WEBSITE.
BABYZEN DOES NOT PARTICIPATE NOR SUPERVISE TRANSACTIONS MADE BETWEEN USERS AND THIRD PARTIES WITHOUT DIRECT INVOLVEMENT OF BABYZEN.
BABYZEN CANNOT GUARANTEE THAT THE COLORS AS APPEARING ON ITS WEBSITE ARE A FAITHFUL REPRESENTATION OF THE ACTUAL COLORS OF OUR PRODUCTS. THE COLORS THAT APPEAR DEPEND ON THE SETTINGS OF YOUR COMPUTER OR OTHER ACCESS DEVICE.
Some jurisdictions do not allow the exclusion of implied warranties, so the above disclaimer may not apply to you. In this case, it is expressly specified that BABYZEN does not grant any guarantee to the fullest extent permitted by applicable law.
Limitation of liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, BABYZEN, ITS AFFILIATES OR THEIR DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS OR CONTENT PROVIDERS OR SERVICE PROVIDERS SHALL IN NO EVENT BE LIABLE, CONTRACTUALLY OR CRIMINALLY, FOR ANY INDIRECT, SPECIAL, ACCESSORY, CONSECUTIVE, EXEMPLARY OR PUNITIVE DAMAGE ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OR INABILITY OF USE OF THE WEBSITE OR OF THE CONTENT, ELEMENTS AND FUNCTIONALITIES RELATED TO IT, INCLUDING, BUT WITHOUT LIMITATION, LOSS OF REVENUES, LOSS OF BUSINESS, DATA OR SALES, OR COST OF ALTERNATIVE SERVICES, EVEN IF BABYZEN OR ITS REPRESENTATIVES OR ANYONE RELATED TO THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, and therefore SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN THIS CASE, THE TOTAL AMOUNT OF BABYZEN'S LIABILITY TO YOU FOR ANY DAMAGE, LOSS AND CAUSE OF ACTION (CONTRACTUAL OR NOT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE GTU OR FROM YOUR USE OF THE WEBSITE SHALL IN NO CASE EXCEED THE minimum amount of damages imposed by law.
Some jurisdictions do not allow the exclusion or limitation of warranty for consequential and incidental damages, in such jurisdictions the liability of BABYZEN and its affiliates shall be limited to the fullest extent permitted by law.
If this Agreement is also drafted in a language other than French, the French version shall prevail in the event of a difference in interpretation, whatever the circumstances. The specific provisions which apply to the country concerned and are not included in this version of the GTU remain applicable.
BABYZEN cannot be held responsible if it cannot fulfill its obligations as they arise hereunder or discharges them late due to a case of force majeure.
For the purposes of this clause, a case of force majeure means any act or event beyond the reasonable control of BABYZEN, including, without limitation, strikes, lockouts or other social movements by third parties, movements, riots, terrorist attacks or threats of terrorist attacks, wars (whether declared or not) or threats or preparations for war, fires, explosions, storms, floods, earthquakes, epidemics or other natural disasters or failures of public or private telecommunications networks.
There is force majeure when an event beyond the control of the debtor, which could not be reasonably foreseen when accepting the GTU and whose effects cannot be avoided by appropriate measures, prevents the execution of its obligation by its debtor.
Applicable law / Jurisdiction
The Website is operated by BABYZEN from its offices in France. You therefore accept that this service is subject to French law. The fact that certain technical elements used in the operation of this Service may be located in another country does not change the fact that the Services are entirely subject to French law.
Please note that your use of the Website may be subject to other local, regional, national and international laws.
Legally required information
BABYZEN SAS / BABYZEN Distribution SAS
2355 route des Pinchinats - 13100 Aix-en-Provence - France
Client service: Telephone: +33 4 42 68 41 35
Open Monday to Friday 9:00 a.m. to 5:00 p.m. (UTC + 1)
Email address: firstname.lastname@example.org
VAT number Babyzen SAS: FR38 524 760 923
VAT number Babyzen Distribution: FR 07 834 264 665
BABYZEN SAS is a company registered at the Aix-en-Provence Trade and Companies Register (RCS) France under number 524 760 923.
BABYZEN DISTRIBUTION SAS is a company registered at the Aix-en-Provence Trade and Companies Register (RCS) under number 834 264 665.
Website made with ❤️ by Happyculture and Juno Web Design.
If you wish to contact us with any questions or information relating to these GTU or the Website, or to send us a notice under these GTU, please select the Contact tab of the Website.
Messages received by fax or electronically and more generally electronic documents exchanged between the Company and the user are original writings within the meaning of article 1366 of the French Civil Code, i.e. as having the same value than that given to the original copy. Faxes or electronic documents should be kept in such a way that they can constitute faithful and durable copies within the meaning of Article 1379 of the French Civil Code.
The Website is hosted by: Jaguar Network, 71 avenue André Roussin, BP 50067, 13321 Marseille Cedex 16, France.
Telephone: +33 4 22 90 99 98
Shopify International Limited, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland.
The online sale of BABYZEN products on the Website is also governed by the provisions of the GTS.
You may also be subject to additional terms applicable to certain parts of the Website.
You acknowledge that this contract or your use of the Website does not imply the establishment of a joint venture, partnership, employment relationship or agency relationship between BABYZEN and yourself.
Any claim or cause of action brought against BABYZEN or the Website must be initiated promptly within one (1) year of the occurrence of the claim or cause of action.
The non-performance or non-application by BABYZEN of a right or a provision under these GTU does not constitute a waiver of said right or said provision. If a Court of a competent jurisdiction determines that one of the provisions of these GTU is not valid, the parties nevertheless agree that the Court shall endeavour to put into practice the intentions of the parties reflected in the provision, and the other provisions of these GTU will remain in full force.
You are not authorized to assign any of your rights and obligations under these GTU without the express written permission of BABYZEN.
The GTU apply for the benefit of the successors, beneficiaries and licensees of BABYZEN. The titles of the paragraphs of these GTU are for simple ease of reference and have no legal or contractual effect.
Last update: April, 26th 2021