General Terms of Use

References: LS ALPES – CGUSITE202001
Applicable from February 1, 2020

Definitions:

“CGU” : refers to these general terms and conditions of use of LS ALPES which are binding on any person wishing to create an Account on the Site in order to benefit from the services of LS ALPES, and which said person must accept prior to the creation of their Account.

“Account” : refers to the User’s account on the Site, accessible via a username and password specific to the User.

“Products” : refers to the items sold by LS ALPES and listed on the Site. The Products are described and presented by LS ALPES as accurately as possible, it being understood that in the event of any discrepancy between the presentation of the Products and their actual appearance, LS ALPES cannot be held liable.

"Site" : refers to the website accessible at www.lasavonnette.com

“Users” : refers to any natural or legal person, having legal capacity, who uses the Site.

Article 1: General provisions and acceptance of the general terms of use

The Site offered and operated by the company LS ALPES, a single-member simplified joint-stock company with a capital of 7,000 euros, registered in the trade and companies register of Annecy under number 880 935 598, whose registered office is Parc d'activités de La Ravoire – Impasse de La Ravoire – 74370 EPAGNY METZ TESSY, represented by its current President, duly authorized for the purposes hereof, (hereinafter "LS ALPES"), aims to offer Users, domiciled in France or abroad, the opportunity to purchase Products.

These general terms and conditions of use (hereinafter referred to as "GTC") govern access to and use of the Site offered by LS ALPES.

Accessing and browsing the Site constitutes the User's unreserved acceptance of these Terms and Conditions. If these Terms and Conditions are updated regularly, the User will be asked to accept them again.

IMPORTANT – FOR USERS' ATTENTION

USE OF THE LS ALPES WEBSITE OR ANY FEATURE OF THE WEBSITE IMPLIES THE USER'S EXPRESS, PRIOR, FULL AND COMPLETE ACCEPTANCE OF THESE GENERAL TERMS OF USE.

BY CREATING AN ACCOUNT, THE USER ACKNOWLEDGES THAT HE/SHE ACCEPTS THESE GENERAL TERMS AND CONDITIONS OF USE AND WILL CHECK THE CORRESPONDING BOX BEFORE CREATING HIS/HER ACCOUNT.

Article 2: Site Access and Availability

2.1 Access to the Site can be made from a computer, a tablet computer, a mobile phone or any computer equipment allowing access to the Internet.

LS ALPES makes every effort to ensure the Site's availability. However, the User is informed that the Site's availability is subject to a best-efforts obligation and declares that they accept the characteristics and limitations of the internet, and acknowledges in particular:

be aware that the performance of the Site depends on the type of connection chosen and the level of demand on the computer servers on which the Site is hosted, it being understood that the connection to the Site can only be made via an internet connection;
to be aware of the nature of the internet network and in particular its technical performance and response times for accessing, querying or transferring information or content;
that it is his responsibility to take all appropriate measures to protect his own data and/or equipment from contamination by possible computer viruses or intrusion attempts that could impair the proper functioning or damage computer equipment;
that the Site may not be accessible depending on the medium and/or equipment used by the User;
that some links accessible on the Site may not be available in the event of unavailability of the pages and/or websites to which the links refer.

Consequently, LS ALPES cannot be held liable in any way, including but not limited to difficulties or slowdowns in accessing the Site, non-delivery of messages, or failure to publish alerts…

2.2 LS ALPES reserves the right to modify or interrupt, temporarily or permanently, access to the Site, in particular but not limited to reasons of maintenance, updates or improvements or to develop its content and/or presentation, without notice or any compensation whatsoever.

2.3 The Site may contain links to third-party websites or resources, which may be subject to terms of service (T&Cs, T&Cs, T&Cs…) and personal data protection practices that differ from those of LS ALPES.

LS ALPES cannot be held responsible for the availability or accuracy of these third-party websites or resources, or for the content, products or services available from them, links to these third-party websites and resources cannot be interpreted as an endorsement by LS ALPES.

Article 3: Creating the User Account

3.1 To order Products from the Site, Users can create an Account, it being specified that ordering Products can be done without an Account.

Account creation is free, with the exception of internet connection fees and mobile phone service access fees, which are the sole responsibility of the User.

The User agrees not to create or use any Accounts other than the one initially created, whether under their own identity or that of a third party. Any exception to this rule must be the subject of an explicit request from the User and express and specific authorization from LS ALPES.

Creating or using new User Accounts under one's own identity or that of a third party without having requested and obtained authorization from LS ALPES may result in the immediate suspension of the User's accounts and all associated services.

3.2 To create an Account, the User must log in to the Site and provide the following mandatory information:

their email address. It is hereby specified that creating a User Account with an email address that already exists is not possible. Consequently, LS ALPES reserves the right to refuse the chosen email address;
his first name;
his name;
his personal password
his phone number.

Other personal information may be requested from the User at a later date to enable LS ALPES to facilitate the User's use of the Site.

The User guarantees that the creation of an Account does not infringe upon the rights of third parties.

3.3 The User guarantees that the data provided is accurate, complete, and truthful. They undertake to regularly update the data provided to ensure its accuracy.

Any Account creation linked to an incomplete form or containing erroneous and/or fanciful information is liable to be cancelled without compensation or notice by LS ALPES or to prevent access to all or part of the Site.

LS ALPES cannot be held responsible for any errors that the User may have made in communicating their data and information.

Furthermore, LS ALPES cannot be held responsible for any direct or indirect damages suffered by the User in the event of fraudulent use of the Account by a third party, unless this use is the result of a fault on the part of LS ALPES.

3.4 The User connects to the Site by entering their email address and password registered when creating their Account (hereinafter "the Identifiers").

These identifiers are personal and confidential; they must not be disclosed to third parties in any way whatsoever.

The User's login credentials are kept under their sole responsibility.

LS ALPES shall in no event be held liable for the unauthorized use of the User's Account by a third party, or for the loss, theft, or hacking of the User's credentials by a third party.

3.5 By completing the Account form in detail, the User authorizes LS ALPES to collect and use their information in accordance with the conditions of Article 7 of the Terms and Conditions.

Following registration, the User has rights as detailed in article 7 of the Terms and Conditions.

3.6 Any User who does not comply with these Terms and Conditions may have their access to the Site and/or all or part of its functionalities withdrawn without compensation or notice, and without prejudice to the exercise by LS ALPES of any recourse or legal action that it deems appropriate against the User.

3.7 The User may terminate their Account at any time by visiting their Account summary page. Their termination request will be processed as soon as possible.

Article 4: Intellectual Property

The Site, its content, its functionalities and the "LS ALPES" trademark are protected by intellectual and/or industrial property rights belonging to LS ALPES.

Using all or part of the Site and/or placing an Order does not constitute a transfer of these rights to the User. The User is granted only a non-exclusive, free, revocable, and non-transferable license to use the Site for the duration of their connection, within the limits expressly provided for in these Terms of Use.

Any reproduction, even partial, is subject to the prior written authorization of LS ALPES. Any hyperlink to a page other than the Site's homepage is subject to the prior written authorization of LS ALPES.

The User agrees not to reproduce any element of the Site. Any unauthorized use of all or part of the Site or any of its elements constitutes copyright infringement and may result in civil and/or criminal prosecution, exposing the offending User to applicable penalties.

The User shall refrain from any action and/or deed which may directly or indirectly infringe upon these rights and from using the technology or know-how of the Site for commercial purposes to create a website or computer application of any kind whatsoever and/or offer similar services or services likely to compete with LS ALPES.

Article 5: Guarantees - Liability

5.1 Guarantees - Liability of LS ALPES

5.1.1 The Site is made available to the User by LS ALPES "as is". Therefore, LS ALPES makes no warranties of any kind and does not guarantee, in particular, that:

The Site will operate without interruption, within the allotted timeframes;
access to the Site will not be interrupted and that it is error-free;
The Site meets the User's requirements and/or expectations;

LS ALPES undertakes to implement all necessary means to ensure the proper security of the Site, in accordance with best practices and as part of an obligation of means.

No information that may come from LS ALPES in connection with the User's use of the Site shall be considered as the granting of a guarantee.

5.1.2 LS ALPES cannot be held liable for any direct or indirect damages, losses or costs of any kind whatsoever, resulting from the use of the Site, or the inability to use it, or from a malfunction, an interruption due to maintenance, technical failure or related to an interruption of access to the Internet or for any other cause, a virus, or even a line or system problem and more generally any damage resulting from the use of the Site.

5.1.3 Furthermore, LS ALPES cannot be held liable to the User in particular:

of the violation of third-party rights by Users;
of the usurpation of the identity of a User and/or a third party by a User;
the User's inability to securely and confidentially retain information communicated in connection with the use of the Site;
of any content inserted in messages sent through the Site.

5.2 Guarantees - User Responsibilities

5.2.1 In general, the User agrees to comply with all of these Terms and Conditions as well as applicable laws and regulations.

5.2.2 The User agrees to:

do not use the Site for illegal purposes;
respect the image and reputation of LS ALPES;
not to impersonate a third party or another User and/or a third party;
not to modify or alter all or part of the Site and/or restrict its use in any way;
do not falsify any mention or element of the Site;
not to distribute or attempt to distribute computer viruses or any other harmful elements through the Site;
respect the rights of third parties and in particular not to use, reproduce, copy, distribute, modify, represent or disseminate any text, photograph or any other protected element or work that may be subject to copyright, trademark law or any other intellectual property right belonging to third parties;
not to gain access to the computer system of ISERE TOURISME and/or the Site's hosting provider;
not to alter the content of the Site or commit any of the offences punishable under Articles 323-1 to 323-7 of the French Penal Code (“hacking”), not to send unsolicited bulk messages to the mailboxes of LS ALPES (“spamming”), a practice punishable under Article 226-18 of the French Penal Code;
not to scrape the content of the Site, in particular using automated programs;
not to transfer funds of illegal origin or source via the Site and the payment system provided;
do not transmit via the Site, and in particular via the contact form, any content of any kind whatsoever (file, comment, video, audio recording, etc.) that is illegal and/or harmful to third parties, and in particular any content that is offensive, racist, sexist, xenophobic, pedophilic, etc.

5.2.3 Failing that, LS ALPES reserves the right to pursue criminal and/or civil liability against Users.

Article 6: Reporting of Illegal Content

In accordance with applicable legislative and regulatory provisions, LS ALPES allows Users to report illegal content (in particular in the event of infringement of intellectual property rights or in the event of violation of legal and/or regulatory provisions).

To do so, Users can write to the following address: contact_AT_lasavonnette.com, mentioning all of the following information:

the date of notification;
if the notifier is a natural person: their surname, first name, profession, address, nationality, date and place of birth;
if the notifier is a legal entity: its form, its name, its registered office and the body that legally represents it;
the name and address of the recipient or, if it is a legal entity, its name and registered office;
a description of the disputed facts and their precise location;
the reasons why the content should be removed, including mention of the legal provisions and factual justifications.

Article 7: Protection of Personal Data - Cookies

7.1 The protection of Users' personal data is governed by the Privacy Policy accessible by clicking on this link, or available on the Site.

7.2 It is specified that in any event, in the event of:

due to the absence of an order for Products via the Site by the User,
due to failure to subscribe to the LS ALPES newsletter,
due to the lack of contact via the contact form on the Site,

No personal data is collected or processed by LS ALPES.

7.3 The Site may ask the User to accept cookies for statistical and display purposes. A cookie is a piece of information placed on your hard drive by the server of the website you visit. It contains various data stored on your computer in a simple text file, which a server accesses to read and record information. Some parts of the Site may not function properly without accepting cookies.

You can access the Cookie Policy implemented by LS ALPES via the following hyperlink: click here .

Article 8: Applicable Law

These Terms and Conditions and the operations arising therefrom are governed by and subject to French law, except in the case of application of a public policy law of the country where the User resides (which will only apply within the strict limits of its purpose).

The Contract is written in French. If it is translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.

Article 9: Disputes

9.1 ALL DISPUTES ARISING FROM PURCHASE AND SALE TRANSACTIONS CONCLUDED UNDER THESE GENERAL TERMS AND CONDITIONS OF USE, CONCERNING THEIR VALIDITY, INTERPRETATION, PERFORMANCE, TERMINATION, CONSEQUENCES AND SUBSEQUENT EFFECTS, WHICH COULD NOT BE RESOLVED BETWEEN THE SELLER AND THE USER, SHALL BE SUBMITTED TO THE COMPETENT COURTS UNDER THE CONDITIONS OF COMMON LAW.

9.2 The User is informed that he may in any event resort to conventional mediation, in particular with the Consumer Mediation Commission (Article L.612-1 of the Consumer Code) or with existing sectoral mediation bodies, whose references appear on the Site or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

9.3 The European Commission has set up a dispute resolution platform to collect any consumer complaints following an online purchase and then forward them to the competent national mediators.

This platform can be accessed via the following link : http://ec.europa.eu/consumers/odr/

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General Terms of Use