TOU

Kricri.fr TERMS OF USE

Up to date on March 31st 2021

The website www.kricri.fr, is published by the company KRICRI NATURE, a simplified joint stock company with a capital of 13,200 euros, whose head office is located at 66 Avenue des Champs-Élysées – 75008 Paris, registered in the Créteil Trade and Companies Register under number 812 400 810 and whose intra-community VAT number is FR36812400810 (“KRICRI NATURE”)

Directeur of publication : Mickael Zhang

To reach us: Phone : (+33) (0)9 87 39 04 33

Email : contact@kricri.fr

ARTICLE 1 – OBJECT – SCOPE

These general terms and conditions of use (the “TOU”) govern the use of the Website by any User, natural person, who is at least sixteen years old.

In particular, they aim to define the conditions under which the User can access and browse the Website.

By browsing the Website, the User acknowledges that he/she has read and fully and unreservedly accepts the TOU.

KRICRI NATURE reserves the right to modify at any time the TOU. They will then be applicable as soon as they are put online. As such, we invite You to read the TOU regularly.

The User acknowledges and agrees that these TOU, together with the Privacy Policy and the General Terms and Conditions of Sale, constitute the sole and entire agreement between us with respect to your use of the Website, which supersedes all prior proposals, agreements or other communications.

ARTICLE 2 – ACCESSING THE WEBSITE

The Site is open to all Internet users who meet the conditions set out in Article 1, provided they have an Internet connection.

However, creating a customer account is necessary if you wish to place an order on the Site. In this case, we invite you to refer to the General Conditions of Sale.

2.1 Products Description

We try to be as accurate as possible when describing our products on the Website; however, to the extent permitted by law, we do not warrant that product descriptions, colors or other content available on the Website are completely accurate, complete, current or error-free. For descriptions that may contain incorrect information, KRICRI NATURE will remove them from the site or replace them with correct information as soon as possible.

2.2 General Terms and Conditions of Sale

If you wish to access our General Terms and Conditions of Sale applicable to purchases made on this Internet Site (in particular concerning the management of orders, deliveries, returns and exchanges) you can click ici.

2.3 Products, Services and Samples

Any Products or samples we provide to you are for your personal use only. You cannot resell these Products or samples.

2.4 Limited license

KRICRI NATURE grants each User a limited, revocable and non-exclusive license to access the Website for personal use. The User is not allowed to use “framing” techniques to send the Website or any part of it as an attachment without our prior written consent.

The limited license described in this paragraph does not include the right:

modify or download the Website or its Content (except for caching or what is necessary to view the Content);
to use the Website or its Content for anything other than personal use;
create any applications or other derivative works from the Website or its Content;
collect User account information on behalf of third parties;
use metatags or any other “hidden text” using our name or the Marks or otherwise use the Marks; or
use automated software, spiders, crawlers, or similar information gathering or extraction tools, or perform any act that imposes an unreasonable burden on our infrastructure.

Toute utilisation non autorisée du Site Internet entraînera la résiliation de la licence limitée d’utilisation prévue au présent paragraphe, sans préjudice de tout recours prévu par la loi applicable ou les présentes Conditions Générales d’Utilisation.

ARTICLE 3 – COMPTE CLIENT

Afin de pouvoir utiliser ou accéder à certaines fonctionnalités, pages, contenu ou services de ce Site Internet, vous devrez vous inscrire sur le Site Internet en nous fournissant les informations requises sur le formulaire électronique d’inscription. You can register on the Website if you are at least eighteen years old. The User’s customer account allows him/her to:

consult and update your contact information and payment methods;
track your current orders and consult the history of your last orders;
return an item and get a refund;
consult the promotional offers from which he/she benefits;
Make a list of your favorite products;
Set up your options for sending advertising campaigns.

To create a customer account, the User must fill out a registration form including his or her contact information (title, last name, first name, postal and email address, telephone number, date of birth) and create a personal password. the User receives an email confirming the creation of his customer account and including all his customer data. By proceeding to the creation of his customer account, the User commits himself/herself to:

provide correct information and keep it up to date;
Be responsible for maintaining the confidentiality of your login and password and inform us as soon as possible of any potential risk of their use by unauthorized third parties; and
accept responsibility for all actions that occur under your username and password.

It is specified that the identifiers (email address or customer number and password) of the User are under his full responsibility. It is therefore up to the User to ensure the confidentiality of this information, and to report any fraud or hacking to the customer service as soon as possible. These identifiers are PERSONAL and NON-TRANSFERABLE.

To delete his customer account, the User is invited to contact the customer service. It is specified that KRICRI NATURE may have to delete a customer account that would not have an order in progress because of the regulations related to personal data. The processing of your personal data by the controller (KRICRI NATURE) is subject to the provisions of the Privacy Policy and Cookies. If you access and use the Website on behalf of someone other than yourself, you acknowledge that you have the capacity to subject this person to the respect of these TOS, and you agree to engage your responsibility for damages caused by misuse of the Website resulting from such access or use. In the event of a violation of these TOU, we reserve the right to refuse service, terminate accounts, or remove or edit any Content on this Website

ARTICLE 4 – PERSONAL DATA The personal data collected on the Website are subject to computer processing. You are invited to consult our Personal Data and Cookies Policy.

ARTICLE 5 – INTELLECTUAL PROPERTY

5.1 Intellectual property rights: Website, Brand(s), Products

The website is a work of the mind protected by the Law of Intellectual Property. The website and each of its components (such as products, brands, logos, photographs and images, illustrations and texts etc…) are the exclusive property of KRICRI NATURE, the only one entitled to use the intellectual property rights and personality rights related to it. No right of use can be attributed on any of the intellectual property rights on the website.

KRICRI NATURE reserves the right to pursue any infringement of its intellectual property rights. The reproduction of any documents published on the Website is only authorized for the exclusive purposes of information for a strictly personal and private use. Any reproduction and/or representation in whole or in part, use, adaptation or modification of the Website or any of its components on any medium whatsoever, and in any form whatsoever, for other purposes, in particular commercial purposes, is expressly forbidden. Any reproduction and/or representation of the Website must be expressly authorized by KRICRI NATURE. Any unauthorized use constitutes an infringement punishable by law.

5.2 Protection of third party intellectual property rights

KRICRI NATURE makes every effort to respect the intellectual property rights of others. If you believe that a work on our Website has been copied in violation of the intellectual property rights of a third party, please inform the customer service by email at contact@kricri.fr:

identify the copyrighted work for which you suspect copyright infringement or for which you are the copyright owner or for which you are authorized to act on behalf of the copyright owner;
describe any material that you believe infringes on the rights of any third party and indicate where such material is located on the Website;
provide us with your contact information (address, phone number and email address) so that we can respond to you.

Please note that this contact is exclusively for the purpose of informing us of any infringement of intellectual property rights relating to material published on our Website. Other requests will not be processed by this procedure and must be sent by e-mail or registered letter to our company.

5.3 Propositions

KRICRI NATURE does not solicit any suggestions or ideas in connection with its Products or its Website. Any question, remark, suggestion, idea or other information that a User sends us (hereafter, the “Submissions”) will be considered as non-confidential and exclusive of any property right. Thus, by sending us a Submission, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, transferable, and sublicensable right to use, reproduce, modify, adapt, publish, sell, transmit, translate, create any application from any Submission; distribute and display any Submission in any form, through any media or technology now known or later developed, alone or in combination with other applications. You also acknowledge that your Submission may not be returned to you and that we may use your Submission for any purpose, including, without limitation, product development, manufacturing, distribution and marketing. In addition, if you make a Submission, you warrant that you own or otherwise control the rights to your Submission. Any User making a Submission in violation of these provisions agrees to indemnify KRICRI NATURE for any claims or damages arising out of or relating to any rights in any Submission.

5.4 Virus, Spam and other malware

Any communication from a User to our services implies that the User warrants that his or her communication does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings or any form of “spam. You may not use a false e-mail address, impersonate any person or entity or otherwise mislead us as to the origin of the communication. Any User who violates these provisions agrees to indemnify KRICRI NATURE for any claims or damages arising out of or relating to any of your Submissions.

ARTICLE 6 – LIABILITY KRICRI NATURE is committed to ensuring the proper functioning of the website, however its responsibility can not be held liable for any inconvenience or damage inherent in the use of the Internet, including a break in service, external intrusion or the presence of computer viruses.

KRICRI NATURE is not responsible for the content of any web pages outside of the Website or other sites that link to or from the Website. Links appearing on the Website are for convenience only and are not an endorsement by us or our affiliates or business partners of the referenced content, product, service or supplier. We may, in our sole discretion, remove any links from our Website. Your linking to or from other websites is at your sole risk.

Except as permitted by applicable law, we have no responsibility to review or evaluate the pages of websites outside of the Website, or other websites, that link to or from our Website, and we are not responsible for their offerings nor do we assume any responsibility for the conduct, content, products or services of such pages and websites, including without limitation their privacy statements and terms of use. You should carefully review the terms and conditions and privacy policies of all web pages outside the Website and of other websites you visit.

The User agrees that, to the extent permitted by applicable law, KRICRI NATURE shall not be liable under any circumstances, on any legal grounds whatsoever:

of any interruption in service;
any difficulty, delay or interruption in accessing the Website;
any misdelivery, misappropriation, destruction or other modification of the data;
for any loss or damage of any kind resulting from the presence or use of links on the Website to other websites;
any computer viruses, system failures or malfunctions that may occur during your use of the website including hypertext links to or from other websites;
for any inaccuracies or omissions in the content;
of any events that are reasonably beyond our control.

In addition, to the extent permitted by applicable law, KRICRI NATURE will not be liable for any direct, indirect, special, incidental or consequential damages (including lost profits) arising out of or in connection with the Website on any basis whatsoever.

KRICRI NATURE does not endorse or monitor any User Content transmitted to or posted on the Site or the Internet and therefore does not guarantee its accuracy, legitimacy or quality. KRICRI NATURE does not endorse or monitor any User Content transmitted to or posted on the Site or the Internet and therefore does not guarantee its accuracy, legitimacy or quality.

KRICRI NATURE reserves the discretionary right to refuse to post or to remove any User Content from the Website, to edit, condense or delete any User Content. Notwithstanding the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove from the Website any User Content that violates these Terms and Conditions or any applicable law, or that we deem objectionable, and we reserve the right to refuse service and/or terminate the account of any user who violates these Terms and Conditions or infringes the rights of others.

Obligation and Responsibility of the User.

By accessing and using this Website, the User must comply with these General Conditions and the warnings and instructions for access and use contained in the Website. The User must act in all circumstances in accordance with the law, custom and the obligations of good faith and with all the diligence required by the nature of the information, declarations and any content or services from which you benefit.

The User may not make any changes or alterations to the information, statements or any other content of the Website and may not undermine, in any way whatsoever, the integrity and functioning of the Website. Without prejudice to the other provisions contained in these TOU. To the extent permitted by law, any User who breaches any of the obligations, whether through negligence or willful misconduct, may be held liable for any damages and losses that may result to KRICRI NATURE, its partners or Users.

The User agrees to bear, indemnify and hold harmless KICRI NATURE from and against any and all losses, damages or expenses, including reasonable legal fees, incurred in connection with any claim, action or demand made by any third party arising out of the User’s use of the Website. User also agrees to indemnify KRICRI NATURE for any loss, damage or costs, including reasonable legal fees, resulting from User’s use of automated software, (“spiders” or “crawlers”) or similar information gathering and extraction tools or any other act that imposes an undue burden on the infrastructure.

User Content

When User uploads, downloads, posts, e-mails or otherwise makes available data, text, software, music, sounds, photographs, drawings, images, videos, messages or other materials (“User Content”) on the Website, User is fully responsible for the User Content.

By transmitting or posting User Content to us, User grants us a non-exclusive, royalty-free, perpetual, irrevocable, transferable, and sublicensable right to use, reproduce, modify, adapt, publish, sell, transmit, translate, create any application from, distribute, and display any User Content in any form, by means of any media or technology, now known or hereafter developed, either alone or in combination with other applications You also acknowledge that your User Content may not be returned to you and that we may use your User Content for any purpose, including, without limitation, developing, manufacturing, distributing and marketing products.

User agrees not to engage in, assist or encourage others to engage in, transmit, upload, post, email, or otherwise make available on the Website any User Content

unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable
that no law, contractual or fiduciary relationship authorizes you to make available;
that the User knows to be false, inaccurate or misleading
for which the User has been paid or rewarded by a third party
that violates any patent, trademark, trade secret, copyright or other proprietary right.

Furthermore, the User agrees not to communicate, upload, post, email, or otherwise make available computer viruses, unsolicited or unauthorized advertising, commercial or promotional material in any form whatsoever, including, but not limited to, chain letters, mass mailings or any other form of spam. The User also agrees to:

not to impersonate any person or entity, or falsely represent or misrepresent any connection to a person or entity
not to stalk or harass by any means, including inciting harassment of others, entrap or harm a third party, including harming a minor by any means
not forge headers or manipulate identifiers in order to disguise the origin of any User Content
not to violate, intentionally or unintentionally, the law in force at the local, national or international level
not to collect or save personal data that could identify other users.

ARTICLE 7 – DISPUTES

The TOU are subject to French law. The GTU are subject to the law The competent court in case of dispute will be that of the place of residence of the defendant.

The Website is in accordance with the French legislation, and in any case, KRICRI NATURE does not give any guarantee of conformity to the local legislation which would be applicable to you, as soon as You access the Website from other countries.

None of the stipulations of these TOU can create a relationship of mandate, association or any other form of joint venture between KRICRI NATURE and a User. KRICRI NATURE’s failure to enforce any provision of this Agreement shall not prevent it from enforcing such provision at any time thereafter, and KRICRI NATURE’s failure to enforce any provision of these TOU shall not constitute or be construed as a waiver of such provision.

In the event that any provision of these TOU is invalid or unenforceable under applicable law or court order, such invalidity or unenforceability shall not render these TOU invalid or unenforceable as a whole. KRICRI NATURE will modify or replace the invalid or unenforceable provision with another valid and enforceable provision that, to the extent possible, conforms to our original purpose and intent as expressed in the original provision.

ARTICLE 8 – AUTOMATIC CONSENT TO SEND MESSAGES BY E-MAIL

The User agrees to receive the agreements, messages, announcements and any other communications (the “Messages”) referred to in these TOU by electronic mail, in particular, but not limited to, by e-mail and posting of Messages on this Website. These Messages do not constitute direct marketing or commercial messages. Your consent to receive such Messages is independent of your decision to receive or not receive commercial messages.

The User acknowledges that all messages sent by KRICRI NATURE via e-mail meet the legal requirements that all communications be in writing. If you do not wish to receive messages by e-mail, please inform our customer service by e-mail at contact@kricri.fr to stop using the Website.

If you have any questions regarding these TOS, please contact us via email at the following address: serviceclients@cs.darphin.fr

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