July 18, 2018 version
Please read these general terms and conditions of use (the "Terms") carefully before using the boutique.comonsoft.com website or the Com'onsoft application for smartphones or tablets (the "Site"), published by Com'onsoft, a limited liability company with registered office at 8 rue du Mesnil Saint Denis in Coignières (78310) and with identification number 449 901 370 (R.C.S. VERSAILLES).
We do not sell products to minors. If you are under 18 years of age, you may only use the Site under the supervision of a parent or guardian.
By using the Site, you agree to be subject to these terms and conditions. If you do not accept these TOS, you must relinquish access to the services offered by the Site.
Article 1: ELECTRONIC COMMUNICATIONS
When you use the Site or send us emails, SMS or other communications from your fixed or mobile equipment, you are communicating with us electronically. We will communicate with you electronically by various means, such as by email, SMS, notification messages in the application or by posting emails or communications on the Site. You agree to receive emails from us and you agree that all agreements, information, disclosures and other communications that we send to you electronically satisfy all legal requirements for written communications and are binding on us.
Article 2: INTELLECTUAL PROPERTY, COPYRIGHT AND DATABASE PROTECTION
The content (including the products presented on the Site), structure and presentation of the Site and its platforms, including but not limited to text, graphics, logos, trademarks, buttons, images, digital downloads and data compilations, are the property of the Com'onsoft company and are protected by intellectual property, copyright and database protection rights.
You are informed that the content available on the Site is subject to technical protection measures implemented by Com'onsoft to prevent or limit, depending on the technologies available, the use of this content that is not authorized by these TOU.
You agree not to circumvent these technical protection measures in any way whatsoever, in order to download the content offered on the Site, or more generally to use such content for purposes not authorized by these GCU.
You declare that you take note that the fact of knowingly infringing a technical protection measure exposes you, by application of the provisions of article L. 335-4-1 of the Intellectual Property Code, to the payment of a fine of 3750 euros and that the fact of knowingly procuring or offering to others, directly or indirectly, means designed or specially adapted to infringe a technical protection measure is, for its part, punishable by a prison sentence of six months and a fine of 30,000 euros.
You may not extract and/or reuse, even in part, the content of the Site without the prior written authorization of the company Com'onsoft. In particular, you must not use a data extraction robot, or any other similar data collection or extraction tool to extract (in one or more times), to reuse part of the Site, without the prior written authorization of the company Com'onsoft.
Com'onsoft respects the intellectual property of others. If you believe that one of your intellectual property rights has been used in violation of your rights, please inform the company Com'onsoft as soon as possible at Com'onsoft 8 Rue du Mesnil Saint Denis 78310 COIGNIERES France.
Article 3: LICENSE AND ACCESS
Subject to compliance with these TOU and payment of all sums due, Com'onsoft or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal, non-commercial use of the Site. This license does not include any right (i) to collect and use product listings, product descriptions or prices (ii) to download or copy information from an account for another merchant (iii) to use data mining, robots, or similar data collection or extraction tools.
No element of the Site may be reproduced, copied, sold, resold, visited or exploited for commercial purposes without the prior written authorization of the company Com'onsoft.
Article 4: CUSTOMER ACCOUNT
You are responsible for maintaining the confidentiality of your account (Customer Area) and password, and for restricting access to your computer and other equipment. We invite you to adopt a complex password (at least eight (8) characters including numbers, letters and special characters) and to change it regularly.
You must take all necessary steps to ensure that your Password remains confidential and secure, and must notify us immediately if you have reason to believe that your Password is known to someone else, or if the Password is being used or is likely to be used in an unauthorized manner. You are responsible for the validity and completeness of the information you have provided us with and must inform us of any changes to this information. You can access and change your information and account settings in the Customer Area of the Site.
You must not use the Site: (i) in a way that causes, or is likely to cause, interruption, damage, or alteration to the Site, or (ii) for fraudulent purposes, or in connection with a criminal offence or illegal activity, or (iii) to cause annoyance or nuisance to any person.
We reserve the right to deny access, terminate accounts, remove or edit content if you are in violation of any applicable law or these TOS.
Article 5: PERSONAL DATA PROTECTION
Certain features of the Site constitute processing of personal data within the meaning of the French law "Informatique et Libertés" n°78-17 of January 6, 1978 ("Personal Data"). These treatments have been duly declared in accordance with the Simplified Standard No. 48 on the processing of data relating to the management of customers and prospects, registered with the Commission Nationale Informatique et Libertés under the number 2018298 v 0.
At the time of your registration on the Site, we collect your surnames, first names, e-mail and postal addresses and keep them only for the period necessary to monitor the customer relationship, and not exceeding three (3) years from your last order. Com'onsoft will not use this Personal Data for marketing purposes, except with the express prior consent of the Customer at the time of the transmission of this Personal Data.
To allow you to express your wish, when you register on the Site, you have the possibility to accept or refuse, by checking the box provided for this purpose, the use of your Personal Data in order to receive commercial offers from Com'onsoft for products or services similar to those presented on the Site.
In addition, we inform you and you expressly agree that certain Personal Data may be transferred to our service providers or subcontractors for the same purpose as mentioned above. Com'onsoft guarantees that it has put in place all necessary measures with these service providers or subcontractors, which may be located outside the European Union, in order to transfer your Personal Data in compliance with the legislation in force.
In the event of death, we undertake to process your Personal Data in accordance with the instructions that you will have given us. When collecting your Personal Data, you can either use a trusted third party and, if necessary, send us their contact details, or you can already give us your instructions, which we undertake to follow.
In accordance with Articles 39 and 40 of the French Data Protection Act, you have the right to access, rectify, modify and delete your Personal Data by contacting Com'onsoft 8 Rue du Mesnil Saint Denis 78310 COIGNIERES France or on the site boutique.comonsoft.com in your personal space. You can also, for legitimate reasons, oppose the processing of your Personal Data.
Finally, for any difficulty that Com'onsoft cannot remedy, you are free to file a complaint with any competent authority.
Article 6: LIABILITY AND FORCE MAJEURE
You assume full responsibility for the use of the information and content of this Site.
You make sure to keep your password secret. Any disclosure of the password, regardless of its form, is prohibited. You assume the risks associated with the use of your login and password. The company Com'onsoft declines all liability in this regard.
We will do our best to ensure the availability, without interruption and without errors, of the services of the Site. However, due to the nature of the Internet, this cannot be guaranteed. In addition, your access to the Site may occasionally be suspended or limited to allow for repairs, maintenance, or the addition of new functionality or services to the Site. We will use reasonable efforts to limit the frequency and severity of any such suspension or limitation.
Com'onsoft cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, external intrusion or the presence of computer viruses, or any event qualified as force majeure, in accordance with case law.
In addition, Com'onsoft cannot under any circumstances be held liable in the event of a case of force majeure or an unforeseeable and insurmountable event by a third party.
Article 7: LINKS HYPERTEXT OF THE SITE
We use links on the Site to the websites of a number of companies. We are not responsible for examining or evaluating, and we do not guarantee the offers of these companies or individuals, or the content of their websites.
Article 8: COOKIES POLICY
Com'onsoft uses "cookies" to collect, take into account and store information about visitors to the Site.
Cookies are text files, containing a limited amount of information, which are installed on the user's computer when the user visits a website. At each subsequent visit, these cookies are recognized and dialogue with the original website and/or another website that recognizes these cookies. Cookies are useful because by recognizing a user's computer, they offer a more comfortable and secure navigation.
For more information on cookies, please visit the following site: www.allaboutcookies.org.
Cookies have several functionalities: they allow the user to be authenticated and to secure his session, they make navigation between pages more fluid, by memorizing his preferences, they allow the constitution and memorization of baskets. They can also help to ensure that online advertising corresponds more closely to the user's interests (targeted advertising).
The cookies that can be used on the Site have been classified into four categories listed in the cookie identification table at the end of this article.
Category 1. Necessary Cookies - These cookies are necessary to navigate a website and use its functionalities, for example to access secure areas, identify and memorize the consultation format (PC, tablet, smartphone). Without these cookies, the requested services, such as shopping carts, electronic invoicing, are not possible.
Category 2. Feature Cookies - These cookies allow the Site to memorize the choices made (user name, size and fonts, language, region, etc.) and thus provide enhanced, more personalized features. The information collected by these cookies can be made anonymous and cannot track the user's navigation on other websites.
Category 3. Performance Cookies - These cookies collect information about how users use the Site, such as which pages are most frequently visited and any error messages transmitted from the pages of the Site. These cookies do not collect user identification information. All information collected by these cookies is aggregated and therefore anonymous. They are only used to improve the functioning of the website.
The Com'onsoft company does not currently use this type of cookie, but it is possible that they will be used in the future. In this case, Com'onsoft will revise this Cookie Usage Policy in order to inform the Internet User of the type of performance cookies.
Category 4 - Targeting or advertising cookies - These cookies are used to publish advertisements that best meet users' expectations. They are also used to limit the number of times the ad is addressed to the User and help measure the effectiveness of an advertising campaign. They are generally placed by advertising networks with the permission of the publisher of a website. They memorize the user's visit and share this information with other companies, such as advertisers.
Com'onsoft does not currently use this type of cookie, but it is possible that they will be used in the future. In this case, Com'onsoft will revise this Cookie Usage Policy to inform the user of the type of cookies used to target the user's computer.
How do I disable/enable cookies?
You have the ability to accept or decline cookies by modifying your browser options. However, you may not be able to use all the interactive features of the Site if cookies are disabled. You can choose privacy options and manage cookies via this form.
For the management of cookies and your choices, the configuration of each browser is different. It is described in the help menu of your browser, which will allow you to know how to modify your cookie preferences.
For the Internet Explorer™: http://windows.microsoft.com/en-us/windows7/block-enable-or-allow-cookies
For Safari™ : http://support.apple.com/kb/PH11913
PourChrome™ : https://support.google.com/chrome/answer/95647?hl=fr&hlrm=en
For Firefox™: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences For Opera™: http://help.opera.com/Windows/12.10/en/cookies.html
Some newer browsers have a feature for analyzing website privacy policies, which allows users to control their privacy wishes. These features are known as the "P3P" (Privacy Preferences Platform).
You can easily delete the cookies installed in the cookie folder of your browser. For example, if you use Microsoft Windows Explorer :
- Open Windows Explorer ;
- Click the "Search" button on the toolbar;
- type "cookie" in the search box for "folder and files";
- select "Computer" in the search field;
- click on "search", double-click on the found folders;
- select a cookie file;
- press the "Delete" key on your keyboard.
If you are not using Microsoft Windows Explorer, you must select "cookies" in the "help" function to find out where to find your cookie folder.
Types of cookies used by Com'onsoft :
Type of cookies
Article 9: MODIFICATION OF THE SITE OR THE TERMS AND CONDITIONS
Article 10: APPLICABLE LAW
These TOU are governed by French law, and the application of the Vienna Convention on Contracts for the International Sale of Goods of April 11, 1980 is expressly excluded.
In the event of a dispute, you undertake, before any legal action, to try to find an amicable solution with the company Com'onsoft.
Failing this, any dispute relating to the use of the Site will be subject to the exclusive jurisdiction of the French courts.