Terms of use

General Conditions of Use

 

These general conditions of use (hereinafter the “CGU”) regulate the technical, practical and legal terms of use of the website of the Publisher, the company EXOSTAR, accessible atwww.exostar.en (hereinafter the “Website”). Acceptance of these presents is materialized in particular by the use of the Website. Where applicable, the T&Cs supplement the Publisher's General Conditions of Sale (hereinafter the “T&Cs”), available on the Website, concerning the use of the Website.

 

 

1. Access to the Website and functionalities

 

The Website is accessible free of charge to any user with internet access. All costs relating to access to the Website, in particular the cost of internet connection, are exclusively the responsibility of the user.

 

The equipment (computers, telephone, software, means of telecommunications, etc.) allowing access to the Website and certain of its specific services are the exclusive responsibility of the user, as are the telecommunications costs incurred by their use.

 

The user is solely responsible for the proper functioning of his equipment and his access to the internet.

 

The user declares to be aware of the risks linked to the Internet and acknowledges that data exchanges circulating on the Internet benefit from relative reliability and are therefore not protected, in particular against the risks of misappropriation and hacking and that the technical performance of the Internet network, as well as the response time for consulting, querying or transferring information are variable and random.

 

Access to the Website and its use are reserved for strictly personal use. The user undertakes not to use this site and the information or data appearing there for commercial, political, advertising purposes or for any form of commercial solicitation and in particular the sending of unsolicited emails.

 

Certain features such as ordering products, order tracking or even submitting reviews require the creation of an account and are reserved for customers.

 

Creating the account is free for the customer. The latter undertakes to provide the company EXOSTAR accurate and up-to-date data. The customer can only create one Customer account on the Website. The Customer account is personal. Therefore, the customer is responsible for any action carried out from his account. It is the customer's responsibility to notify the company EXOSTAR if he notices fraudulent use of his account or suspects that his identifiers may have been disclosed. In fact, the company EXOSTAR does not have the ability to verify the identity of people having access to the Website and the Customer's account. Therefore, the company EXOSTAR declines all responsibility for fraudulent use of the Customer account by a third party.

 

The company EXOSTAR reserves the right to temporarily delete or block the Customer's account, particularly in the event of non-compliance with these conditions or the obligation to pay for orders. The Customer may request the deletion of his account. The Customer acknowledges that in the event of deletion of his account for any reason whatsoever, he will no longer have access to all the functionalities of the Website and in particular the possibility of ordering the products offered or having access to his purchase history.

 

 

2. Availability of the Website

 

The Publisher strives to ensure the availability of the Website 24/7. However, access to the Website may be interrupted in particular in the context of maintenance operations, upgrades or updates, emergency repairs, or as a result of circumstances beyond the control of the Publisher.

 

 

3. User obligation

 

The access codes, identifiers, logins, passwords used and/or communicated to the user are personal, confidential and non-transferable. The use of these identification elements is the sole responsibility of the user.

 

By browsing and using the services of the Website, the user is prohibited from: - Committing any illegal action;

- Extract or collect personal data from users of the Website by any means;

- Extract, record or exploit, for purposes other than the sole display when browsing this Site, third-party content subject to intellectual property rights, relating to privacy, personal data or image rights;

- Store, disseminate or publish any illegal, harmful, offensive, racist, hateful, revisionist, contrary to morality, infringing on privacy or infringing the private rights of third parties, in particular the right to the image of persons and property, the right to intellectual property or the right to respect for private life;

- Store, disseminate or publish any information allowing one to reveal, directly or indirectly, one's political, philosophical or religious opinions, one's union membership, one's health or one's sexual orientation;

- Post content on behalf of a third party;

- Impersonate the identity of a third party and/or publish any personal information of a third party;

- Store, distribute or publish any content that may harm, directly or indirectly, the interests of the company EXOSTAR.

 

 

4. Intellectual property

 

4.1. On content posted online by users

 

All Content (notably texts, comments, images, photos, videos, files, works, etc.), possibly subject to property rights (intellectual property, image rights or other private rights) remain the property of the user, subject to the limited rights granted by the license defined below to the company EXOSTAR.

 

Users are free to publish or not such content on the Website and accept that this Content becomes public and freely accessible, particularly on the Internet. They acknowledge, undertake and guarantee that they have all the rights and authorizations necessary for such publication on the Website, in particular under the legislation in force and the rights to respect for private life, property, intellectual property, image, contracts or any other nature.

 


 

By such publication on the Website, users are aware of incurring their responsibility as publisher of the Content within the meaning of the law, and agree on said Content, for the entire duration of publication, to EXOSTAR, a non-exclusive, free, worldwide license, including the rights of reproduction, representation, loading, display, execution, transmission, storage, as well as sublicensing, in particular to subsidiaries, technical partners and other users of the Website.

 

Users also authorize that their name may be associated with the Content and accept that this association may not always be made. By their publication, users authorize that content can become automatically accessible on the internet. Users can request the company EXOSTAR to stop their publication.

 

By posting an opinion or comment on the Website, the user acknowledges that this opinion becomes public and grants the company EXOSTAR and its duly authorized partners the right to use, store, publish, translate, create derivative works, exploit, distribute and display the content, in full or in extract, of the review and/or comment, within the framework of any protection under the intellectual property rights from which it could benefit, and to use the name and/or first name provided with the review or comment for all purposes, in particular commercial and advertising, on all media, in particular internet, emailing (paper and/or online), displays, markup, point-of-sale advertisements, leaflets, advertising, magazines, television and radio media and similar media, throughout the world for a period of 10 years.

 

4.2. Intellectual Property of the company EXOSTAR

 

All content accessible via the Website (brands, photographs, texts, comments, illustrations, animated or non-animated images, video sequences, sounds, etc.) as well as the Website itself and all computer applications which could be used to operate this site and more generally all elements reproduced or used on the site are protected by the laws in force regarding intellectual property. They are the full and complete property of the Publisher or its partners.

 

Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of these elements, including computer applications, without the prior written consent of the Publisher, is strictly prohibited.

 

The user is authorized to consult, view, print and download the documents and information available on the Website only under the following conditions:

  • the documents and information may only be used on a personal, non-exclusive basis, for information and in a strictly private context,
  • the documents and information cannot be modified in any way.

 

Consultation of the Website does not confer any right or license, implicit or explicit, to use intellectual property rights to the user.

 

 

5. Brands

 

The brands and logos mentioned on the Site are registered by the company EXOSTAR or their respective owners.

 

In accordance with French and international legislation on intellectual property, any reproduction and/or use without their consent is strictly prohibited.

 

 

  1. Deletion of content posted by users

 

The company EXOSTAR may terminate any registration and/or delete any profile and/or any content and/or any information published on the Website and/or prohibit use and/or access to the Website, upon becoming aware of non-compliance by the user with these general conditions of use or for technical reasons. This modification or deletion may be carried out without notice, without prior notification or warning, at any time and at the sole discretion of the company. EXOSTAR.

 

The user also has the possibility of deleting the Content posted on the Website. To do this, he must make a request for removal of the Content via the contact form. This request must be accompanied by information allowing the identification of said content. Any well-founded and legitimate request will be processed as quickly as possible by the company. EXOSTAR without the latter being able to guarantee immediate deletion of access to the content. The user acknowledges that the company EXOSTAR cannot incur any liability in this regard, in particular due to the time required to process its request, technical constraints or the material impossibility of responding, particularly in the event that the Content has been taken over by third parties.

 

 

  1. Responsibilities

 

The Publisher cannot be held liable in the event of a failure, breakdown, difficulty or interruption of operation, preventing access to the Website or one of its functionalities. The connection material to the user's site is under their entire responsibility. The user must take all appropriate measures to protect their equipment and their own data, particularly from viral attacks via the Internet. The user is also solely responsible for the sites and data he consults.

 

The Publisher cannot be held responsible in the event of legal proceedings against the user:

- due to use of the Website or any service accessible via the Internet;

- due to the user's non-compliance with these T&Cs.

 

The Publisher is not responsible for damage caused to the user and/or their equipment as a result of their connection or use of the Website and the user waives any action against them as a result.

 

If the Publisher were to be the subject of an amicable or legal procedure due to the use of the Website by the user, it may take action against the user to obtain compensation for all damages, sums, convictions and costs which could result from this procedure.

 

 

  1. Hyperlinks

 

The Website offers hypertext links to other websites and social networks that the company EXOSTAR manages and also towards other websites and social networks of partners and/or third parties which are not covered by these General Conditions of Use and which remain the sole responsibility of the operators and owners of these sites.

 

The company EXOSTAR cannot be held responsible for the content of these sites and social networks, nor for the use that the user may make of them.

 

The establishment by users of any hypertext links to all or part of the site is authorized by the Publisher. Any link must be removed upon simple request from the Publisher.
Any information accessible via a link to other sites is not published by the Publisher. The Publisher has no rights to the content present in said link.

 

 

  1. Photographs and representation of products

 

The product photographs, accompanying their description, are not contractual and do not bind the Publisher.

 

 

10. Processing of personal data

 

The company EXOSTAR undertakes to implement appropriate measures to ensure the protection of personal data (hereinafter the “Data”) and to process and use such data in compliance with the applicable provisions and in particular European Regulation 2016/679 of April 27, 2016.

 

The Data is subject to computer processing by the company EXOSTAR acting as data controller whose processing purpose is provided for in the Privacy Policy available on the Website (hereinafter the “Confidentiality Policy”).

 

The Data is kept for the period strictly necessary to achieve the purposes set out in the Confidentiality Policy.

 

For the strict purposes of managing commercial relationships, this data may be communicated to our partners in accordance with the Confidentiality Policy. Any natural person has the rights of access, rectification, erasure, portability of Data as well as limitation and opposition to the processing and organization of the fate of their Data after their death. These rights may be exercised in accordance with the terms provided in the Confidentiality Policy.

 

In the event of exercising the right of opposition, all communication with the user (excluding the management of their account) will cease.

 

For complete information on Data processing, please refer to our Confidentiality Policy.

 

 

11. General provisions

 

The General Terms and Conditions are available for consultation online and may be modified at any time at the discretion of the Publisher without any formality other than posting them online. Only the latest version will be applicable.

 

The fact of not claiming the application of one of the provisions of the T&Cs or of acquiescing in its non-execution, permanently or temporarily, cannot be interpreted as a waiver of this right.

 

If any of the clauses of the T&Cs were declared void, it would be deemed unwritten but would not result in the nullity of all the T&Cs.

 

Any clarification relating to the CGU or request for information must be made by mail to EXOSTAR - 21 avenue de Choisy 75013 PARIS or by email to: contact@exostar.fr.

 

The T&Cs are subject to French law. In the event of a dispute, the Paris Commercial Court will have sole jurisdiction, even in the event of summary proceedings, warranty appeals or multiple plaintiffs.