T&Cs

TERMS AND CONDITIONS OF USE

DEFINITIONS
Hereinafter, the following terms shall be defined as:

  • "Site" : the website http://www.manacreationsbijoux.com and all its pages.
  • "Publisher" : Manacreations, a legal entity or natural person responsible for the editing and content of the Site.
  • "User" : the internet user visiting and using the Services of the Site.

These General Terms and Conditions of Use (hereinafter "GTU") are proposed by the Publisher of the Site. The User of the Site is invited to carefully read these GTU, print them and/or save them on a durable medium. The User acknowledges having read the GTU and accepts them fully and without reservation.


ARTICLE 1 - APPLICATION OF THE GTU


The purpose of these GTU is to define the conditions of access to the Site by Users. The Publisher reserves the right to modify the GTU at any time by publishing a new version thereof on the Site. The GTU applicable to the User are those in force on the day of their acceptance.
The Site is freely accessible to all Users. The purchase of a product or service, or the creation of a member area, or more generally browsing the Site implies the User's acceptance of all these GTU, who thereby acknowledges having full knowledge of them.
This acceptance may consist, for example, for the User, in ticking the box corresponding to the acceptance phrase of these GTU, for example, with the mention " I acknowledge having read and accepted all the general conditions of the Site ". Ticking this box shall be deemed to have the same value as a handwritten signature by the User.
The User acknowledges the probative value of the automatic registration systems of the Publisher of this Site and, unless they can provide proof to the contrary, they waive the right to dispute them in the event of a dispute.
Acceptance of these GTU implies that Users have the necessary legal capacity to do so. If the User is a minor or does not have this legal capacity, they declare that they have the authorization of a guardian, curator or their legal representative.
The Publisher provides the Client, on its Site, with a privacy charter specifying all the information relating to the use of the Client's personal data collected by the Publisher and the rights the Client has regarding this personal data. The data privacy policy is part of the GTU. Acceptance of these GTU therefore implies acceptance of the data privacy policy.


ARTICLE 2 - LEGAL NOTICES, PERSONAL DATA AND PURPOSE OF THE SITE


This Site is published by Manaïck Motte, a self-employed entrepreneur. Legal information concerning the host and the Publisher of the Site, including contact details and any capital and registration information, is provided in the legal notices of this Site.
Information concerning the collection and processing of personal data (policy and declaration) is provided in the Site's personal data charter.
The purpose of this Site is defined as "online jewelry sales".

ARTICLE 3 - MEMBER AREA


The User registered on the Site (member) can access it by logging in with their identifiers (email address defined during registration and password) or potentially by using systems such as third-party social network login buttons. The user is entirely responsible for protecting the password they have chosen. They are encouraged to use complex passwords. In case of forgotten password, the User has the possibility to generate a new one. This password guarantees the confidentiality of the information contained in their "my account" section, and the User therefore refrains from transmitting or communicating it to a third party. Failing this, the Publisher of the Site cannot be held responsible for unauthorized access to a User's account.
The User will be invited to provide a certain amount of personal information for the creation of a personal area. They undertake to provide accurate information.
The purpose of data collection is the creation of a "member account". If the data contained in the member account section were to disappear following a technical failure or a case of force majeure, the responsibility of the Site and its Publisher could not be engaged, as this information has no probative value but only an informative nature. The pages relating to member accounts can be freely printed by the account holder but do not constitute proof, they are only for informational purposes to ensure efficient management of the service or contributions by the User.
Each User is free to close their account and their data on the Site. No recovery of their data will then be possible.
The Publisher reserves the exclusive right to delete the account of any User who has violated these GTU (including, but not limited to, when the User has knowingly provided erroneous information during registration and the creation of their personal space) or any account inactive for at least one year. Such deletion shall not constitute damage for the excluded User, who cannot claim any compensation for this. This exclusion does not preclude the possibility for the Publisher to initiate legal proceedings against the User, when the facts justify it.


ARTICLE 4 - ACCESS AND AVAILABILITY OF THE SITE


The Publisher makes its best efforts to make the Site accessible permanently, subject to maintenance operations of the Site or the servers on which it is hosted. In the event of impossibility of access to the Site, due to technical problems or any other nature, the User cannot claim any damage or compensation.
The Publisher of the Site is bound only by an obligation of means; its responsibility cannot be engaged for damage resulting from the use of the Internet network such as data loss, intrusion, virus, service disruption, or others.
The User expressly acknowledges using the Site at their own risk and under their sole responsibility.
The Site provides the User with information for indicative purposes, with imperfections, errors, omissions, inaccuracies, and other ambivalences that may exist. In any case, Manacreations cannot be held responsible for:

  • any direct or indirect damage, particularly with regard to loss of profits, loss of earnings, loss of customers, loss of data that may result, among other things, from the use of the Site, or conversely from the impossibility of its use;
  • a malfunction, unavailability of access, misuse, misconfiguration of the User's computer, or the use of an uncommon browser by the User.

ARTICLE 5 - HYPERTEXT LINKS


The Site may include hypertext links to other sites.
The User therefore acknowledges that the Publisher cannot be held responsible for any proven or alleged damages or losses, resulting from or in connection with the use of or having taken cognizance of the content, advertisements, products or services available on these sites or external sources. Similarly, the responsibility of the Publisher of this Site cannot be engaged if the User's visit to one of these sites causes them harm.
If, despite the Publisher's efforts, one of the hypertext links on the Site points to a site or an internet source whose content is or appears to be non-compliant with the requirements of French law to a User, the User undertakes to immediately contact the publication director of the Site, whose contact details are listed in the legal notices of the Site, in order to communicate the address of the pages of the third-party site concerned.
ARTICLE 6 - COOKIES
A "Cookie" can allow the identification of the Site User, personalize their browsing experience on the Site, and accelerate the display of the Site by saving a data file on their computer. The Site is likely to use "Cookies" primarily to

  • 1) obtain browsing statistics to improve the User experience,
  • and 2) allow access to a member account and content that is not accessible without logging in.
The User acknowledges being informed of this practice and authorizes the Publisher of the Site to use it. The Publisher undertakes never to communicate the content of these "Cookies" to third parties, except in the event of legal requisition.
The User can refuse the recording of "Cookies" or configure their browser to be warned before accepting "Cookies". To do this, the User will configure their browser as follows:

ARTICLE 7 - INTELLECTUAL PROPERTY RIGHTS


All elements of this Site belong to the Publisher or a third-party agent, or are used by the Publisher on the Site with the authorization of their owner.
Any representation, reproduction or adaptation of logos, textual, pictographic or video content, without this list being exhaustive, is strictly prohibited and constitutes counterfeiting.
Any User who commits counterfeiting may have their access to the site deleted without prior notice or compensation and without this exclusion being able to constitute damage for them, without prejudice to any subsequent legal proceedings against them, at the initiative of the Publisher of this Site or its agent.
The trademarks and logos contained on the Site may be registered by Manacreations, or possibly by one of its partners. Any person proceeding to their representations, reproductions, interweavings, distributions and redistributions incurs the sanctions provided for in articles L.713-2 and following of the Intellectual Property Code.


ARTICLE 8 - LIABILITY


The Publisher is not responsible for User publications, their content or their veracity. The Publisher cannot under any circumstances be held responsible for any damage that may occur to the User's computer system and/or for data loss resulting from the User's use of the Site.
The Publisher undertakes to constantly update the content of the Site and to provide Users with fair, clear, accurate and up-to-date information. The Site is in principle accessible permanently, except during technical maintenance operations and content updates. The Publisher cannot be held responsible for damages resulting from the unavailability of the Site or parts thereof.
The liability of the Site's Publisher cannot be engaged due to technical unavailability of the connection, whether it is due in particular to a case of 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 cannot be held responsible for the non-functioning, impossibility of access or malfunctions of the Site attributable to unsuitable equipment, poor configuration or use of the User's computer, malfunctions of the Users' access provider services, or those of the internet network.


ARTICLE 9 - NOTIFICATIONS AND COMPLAINTS


Any notification or notice concerning these GTU, the legal notices or the personal data charter must be made in writing and sent by registered or certified mail, or by email to the address indicated in the legal notices of the Site, specifying the contact details, name and surname of the notifier, as well as the subject of the notice.
Any complaint related to the use of the Site, Services, Site pages on any social networks or to the GTU, legal notices or personal data charter must be filed within 365 days following the day of origin of the problem giving rise to the complaint, and this regardless of any law or rule of law to the contrary. In the event that such a complaint has not been filed within the following 365 days, such a complaint will forever be inapplicable in court.
It is possible that the entire website and the services offered may contain, to a limited extent, inaccuracies or errors, or information that is inconsistent with the GTU, legal notices or the personal data charter. In addition, unauthorized modifications may be made by third parties to the Site or to associated services (social networks, etc.).
In such a situation, the User has the possibility of contacting the Publisher of the Site by post or by email at the addresses indicated in the legal notices of the Site, with if possible a description of the error and the location (URL), as well as sufficient information to contact them.


ARTICLE 10 - SEVERABILITY OF CLAUSES


If any provision of the GTU is deemed illegal, void or for any other reason unenforceable, then that provision shall be deemed severable from the GTU and shall not affect the validity and enforceability of the remaining provisions.
The GTU supersede all prior or contemporaneous written or oral agreements. They are not assignable, transferable or sublicensable by the User themselves.
A printed version of the GTU and all notices given in electronic form may be requested in judicial or administrative proceedings relating to the GTU. The parties agree that all correspondence relating to these GTU must be drafted in the French language.


ARTICLE 11 - APPLICABLE LAW


These GTU are governed by and subject to French law.
Unless otherwise provided by public policy, all disputes that may arise in connection with the execution of these GTU may, before any legal action, be submitted to the appreciation of the Publisher of the Site for an amicable settlement.
It is expressly recalled that requests for amicable settlement do not suspend the deadlines for initiating legal actions.
Unless otherwise provided by public policy, any legal action relating to the execution of these GTU must be submitted to the jurisdiction of the courts of the defendant's domicile.
All rights reserved - 12 October 2023