Definitions
In these Terms, the following terms shall mean:
- “Site” or “Service”: the owebia.com website, its subdomains, including the online store of Owebia available at fr.store.owebia.com and en.store.owebia.com, and all of their pages.
- “Publisher”: Antoine Lemoine (Owebia), the legal or natural person responsible for publishing the Site and for its content.
- “User”: any internet user visiting and using the Services of the Site.
These Terms of Use (hereinafter the “Terms”, in French « CGU ») are offered by the Publisher of the Site. The User of the Site is invited to read these Terms carefully, and to print them and/or save them on a durable medium. The User acknowledges having read the Terms and accepts them in full and without reservation.
Article 1 • Application of the Terms
The purpose of these Terms is to define the conditions under which Users may access the Site. The Publisher reserves the right to amend the Terms at any time by publishing a new version of them on the Site. The Terms applicable to the User are those in force on the date of the User’s acceptance.
Access to the Site is open and free of charge to any User. The purchase of a product or service, the creation of a customer account, or more generally browsing the Site, implies the User’s acceptance of these Terms in their entirety, and the User thereby acknowledges having fully read them.
The User acknowledges the evidential value of the automatic recording systems of the Publisher of this Site and, unless the User provides evidence to the contrary, waives the right to contest them in the event of a dispute.
Acceptance of these Terms requires that Users have the legal capacity necessary to do so. If the User is a minor or does not have such legal capacity, the User represents that he or she has the authorization of a guardian, a curator or his or her legal representative.
The Publisher makes available to the Customer, on its Site, a privacy charter specifying all information relating to the use of the Customer’s personal data collected by the Publisher and to the rights the Customer has with respect to such personal data. The data privacy policy forms part of the Terms. Acceptance of these Terms therefore implies acceptance of the data privacy policy.
Article 2 • Legal Notice, Personal Data and Purpose of the Site
This Site is published by Antoine Lemoine (Owebia), a sole proprietorship (Entreprise Individuelle). Legal information concerning the host and the Publisher of the Site, including contact details and any share capital and registration information, is provided in the legal notice of this Site.
Information concerning the collection and processing of personal data is provided in the personal data charter of the Site.
The purpose of this Site is defined as “online sale of licenses and support for software extensions, and information website about the services offered by Antoine Lemoine (Owebia)”.
Article 3 • Customer Account
A User registered with the Site may access it by logging in with his or her credentials (the email address defined at registration and a password). The User is solely responsible for protecting the password he or she has chosen. The User is encouraged to use complex passwords. If the password is forgotten, the User may generate a new one. This password guarantees the confidentiality of the information contained in the User’s “my account” section, and the User therefore undertakes not to transmit or disclose it to any third party. Failing this, the Publisher of the Site cannot be held liable for any unauthorized access to a User’s account.
The creation of a personal area is a prerequisite for any order by the User on this Site. To this end, the User will be asked to provide certain personal information. The User undertakes to provide accurate information.
The purpose of the data collection is the creation of a “customer account”. Should the data contained in the customer account section be lost as a result of a technical failure or force majeure, the Site and its Publisher shall not be held liable, as such information has no evidential value and is provided for information purposes only. The pages relating to customer accounts may be freely printed by the holder of the account in question but in no way constitute proof; they are provided for information purposes only, in order to ensure efficient management of the service or of contributions by the User.
Each User is free to delete their account at any time, from the “Privacy settings” page of their account; the deletion is immediate and final. Orders and invoices are kept, detached from the account, for the period required by law.
An account without any activity for three years (neither signing in to the account nor use of its Composer credentials) is deleted, after a warning email sent at least one month before.
The Publisher reserves the exclusive right to delete the account of any User who has breached these Terms (in particular, but without this example being in any way exhaustive, where the User has knowingly provided false information when registering and setting up his or her personal area). Such deletion shall not constitute damage for the excluded User, who shall not be entitled to any compensation as a result. This exclusion does not preclude the Publisher from taking legal action against the User where the facts so warrant.
Article 4 • Access to and Availability of the Site
The Publisher uses its best efforts to keep the Site accessible at all times, subject to maintenance operations on the Site or on the servers on which it is hosted. If the Site cannot be accessed due to technical or other problems of any kind, the User may not claim any damage and shall not be entitled to any compensation.
The Publisher of the Site is bound only by an obligation of means (best-efforts obligation); it shall not be held liable for any damage resulting from the use of the Internet, such as loss of data, intrusion, viruses, service interruption, or other.
The User expressly agrees to use the Site at his or her own risk and under his or her sole responsibility.
The Site provides the User with information for guidance only, with imperfections, errors, omissions, inaccuracies and other ambiguities that may exist. In any event, Antoine Lemoine (Owebia) shall under no circumstances be held liable for:
- any direct or indirect damage, in particular with regard to loss of profits, loss of earnings, loss of customers or loss of data that may result, among other things, from the use of the Site or, conversely, from the inability to use it;
- any malfunction, unavailability of access, misuse, misconfiguration of the User’s computer, or the User’s use of an uncommon browser.
Article 5 • Hyperlinks
The Site may include hyperlinks to other websites.
The User therefore acknowledges that the Publisher cannot be held liable for any actual or alleged damage or loss resulting from or in connection with the use of, or the fact of having consulted, the content, advertisements, products or services available on such external sites or sources. Likewise, the Publisher of this Site shall not be held liable if the User’s visit to one of these sites causes the User any harm.
If, despite the Publisher’s efforts, one of the hyperlinks on the Site points to a website or internet source whose content is or appears to a User not to comply with the requirements of French law, the User undertakes to contact the publication director of the Site immediately, whose contact details are given in the legal notice of the Site, in order to provide the address of the pages of the third-party site in question.
Article 6 • Cookies
The Site only uses trackers strictly necessary for its operation, which the law exempts from consent: a session cookie, which enables signing in to the customer area and keeps the cart, and, in the User’s browser, their display preferences (light or dark theme, layout of the modules). The Site uses no audience measurement, advertising or social network cookies.
The User may delete or block these trackers from their browser settings; signing in to the customer area and the cart then no longer work.
Article 7 • Intellectual Property Rights
All elements of this Site belong to the Publisher or to an authorized third party, or are used by the Publisher on the Site with the authorization of their owner.
Any representation, reproduction or adaptation of the logos, text, pictographic or video content, without this list being exhaustive, is strictly prohibited and constitutes infringement (contrefaçon).
Any User found guilty of infringement may have his or her access to the site removed without notice or compensation, without such exclusion constituting damage to the User, and without prejudice to any subsequent legal action against the User initiated by the Publisher of this Site or its authorized representative.
The trademarks and logos contained in the Site may be registered by Antoine Lemoine (Owebia), or possibly by one of its partners. Any person who represents, reproduces, embeds, distributes or redistributes them is liable to the penalties provided for in Articles L.713-2 et seq. of the Code de la propriété intellectuelle (French Intellectual Property Code).
Article 8 • Liability
The Publisher is not responsible for Users’ publications, their content or their accuracy. The Publisher shall under no circumstances be held liable for any damage that may occur to the User’s computer system and/or any loss of data resulting from the User’s use of the Site.
The Publisher undertakes to keep the content of the Site constantly updated and to provide Users with accurate, clear, precise and up-to-date information. The Site is in principle accessible at all times, except during technical maintenance operations and content updates. The Publisher shall not be held liable for damage resulting from the unavailability of the Site or of parts thereof.
The Publisher of the Site shall not be held liable for any technical unavailability of the connection, whether due in particular to force majeure, maintenance, an update, a modification of the Site, an intervention by the host, an internal or external strike, a network failure, or a power outage.
The Publisher shall not be held liable for the non-operation of, inability to access, or malfunctions of the Site attributable to unsuitable equipment, to misconfiguration or misuse of the User’s computer, to malfunctions of the services of the Users’ internet access provider, or to those of the internet network.
Article 9 • Notifications and Claims
Any notification or notice concerning these Terms, the legal notice or the personal data charter must be made in writing and sent by registered or certified mail, or by email to the address given in the legal notice of the Site, specifying the contact details, surname and first name of the notifying party, as well as the subject of the notice.
Any claim relating to the use of the Site, the Services, the Site’s pages on any social networks, or to the Terms, the legal notice or the personal data charter must be filed within 365 days following the day on which the problem giving rise to the claim originated, notwithstanding any law or rule of law to the contrary. If such a claim has not been filed within the following 365 days, such claim shall be forever unenforceable in court.
There may be, throughout the website and the Services offered, and to a limited extent, inaccuracies or errors, or information that is inconsistent with the Terms, the legal notice or the personal data charter. In addition, unauthorized modifications may be made by third parties to the Site or to related Services (social networks, etc.).
In such a situation, the User may contact the Publisher of the Site by postal mail or by email at the addresses given in the legal notice of the Site, including if possible a description of the error and its location (URL), as well as sufficient information to allow the Publisher to contact the User.
Article 10 • Severability
If any provision of the Terms is held to be illegal, void or for any other reason unenforceable, such provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of the remaining provisions.
The Terms supersede all prior or contemporaneous written or oral agreements. They may not be assigned, transferred or sublicensed by the User.
A printed version of the Terms and of all notices given in electronic form may be requested in judicial or administrative proceedings relating to the Terms. The parties agree that all correspondence relating to these Terms is written in French or English.
Article 11 • Governing Law
These Terms are governed by and subject to French law.
Except for mandatory public policy provisions, any dispute that may arise in connection with the performance of these Terms may, prior to any legal action, be submitted to the Publisher of the Site with a view to an amicable settlement.
It is expressly noted that requests for amicable settlement do not suspend the time limits for bringing legal action.
Unless otherwise provided by mandatory public policy provisions, any legal action relating to the performance of these Terms shall be subject to the jurisdiction of the courts of the place of the defendant’s domicile.