LEGAL INFORMATION AND GENERAL CONDITIONS OF USE

OF THE GUINOT WEBSITE

PREREQUISITES

GUINOT welcomes you to its website https://www.guinot.com.

The user confirms that he/she has read, understood and accepted all of the legal notices and general conditions of use (hereinafter referred to as the ‘General Conditions of Use’ or ‘GCU’) before using the site and undertakes to comply with them. In the case of users who are minors, their parents or guardians are deemed to have accepted these General Terms and Conditions of Use on their behalf.

1. IDENTIFICATION

This website, accessible from the address https://www.guinot.com (hereinafter the ‘Site’) is published by GUINOT SAS, a simplified joint stock company with capital of 10,200,000 euros (€), whose registered office is located at 120, avenue Charles de Gaulle, 92200 NEUILLY-SUR-SEINE, registered in the Nanterre Trade and Companies Register under number 632 041 877 (hereinafter ‘GUINOT’).

The Site's Publication Director is Mr Jean-Daniel Mondin, in his capacity as CHAIRMAN.

The Site was designed and produced by GUINOT. The Website is the exclusive property of GUINOT.

The Site is hosted by CLEVER CLOUD (CLEVER CLOUD SAS), a company whose registered office is located at 4, rue Voltaire - 44000 NANTES - FRANCE, registered in the Nantes Métropole Trade and Companies Register under number 524 172 699.

2. GENERAL INFORMATION - PRESENTATION AND CONTENT OF THE SITE

Access to the Site, its use and its content are subject to these Terms and Conditions of Use. Any access to and continued browsing of the Site implies express and unreserved acceptance of all of these Terms of Use by the person visiting and/or using the Site (hereinafter the ‘User’).

The currently online version of these Terms and Conditions of Use is the only version that may be invoked throughout the period of use of the Site and until a new version replaces it. The General Conditions of Use may be modified at any time and without prior notice by GUINOT. The General Conditions of Use are deemed accepted without reservation when you connect to the Site.

The information, content and functionalities appearing on the Site are provided for information purposes only and may be revised at any time without notice. GUINOT is entitled, without prior notice to the User, to make any changes it deems necessary.

GUINOT in no way guarantees that the content, data and information accessible on the Site are exact, precise, exhaustive or up to date.GUINOT also reserves the right, without prior notice to the User, to modify or improve, suspend or delete existing functionalities or add new functionalities.

Access to and use of the Site are reserved for strictly personal use. Users undertake not to use the Site and the information or data contained therein for commercial, political or advertising purposes or for any form of commercial solicitation.

Users are not authorised to create a hypertext link to the Site and/or any page of the Site and/or any file contained therein without the prior written consent of GUINOT. In this case, GUINOT may not under any circumstances be held responsible for the content of third party websites presenting such a hypertext link. GUINOT reserves the right to request the deletion of any link it deems to be inconsistent with the purpose of its site.

3. CREATING A BUSINESS ACCOUNT

By creating an account in our space reserved for professionals, you consent to us collecting, using and disclosing your personal data for purposes related to your request. The information collected is processed electronically in order to facilitate contact between you and GUINOT.

4. INTELLECTUAL PROPERTY

GUINOT is the sole owner of all intellectual property rights relating to the Site (such as in particular all its content, models and functionalities, its general structure, software, texts, animated or still images, sounds, video sequences, know-how, creations, drawings, illustrations, logos, graphic elements, trademarks and other distinctive signs, presentations, articles, files available for downloading, etc. and, more generally, all elements reproduced or used on the Site) and to any document or element generated by the use of the Site or has, where applicable, validly acquired the rights for such use.

The User has an individual and private, non-exclusive and non-transferable right of use. The representation, reproduction or use in any way whatsoever of all or part of the Site and/or its elements or content, by any process and in any form whatsoever, as well as any use of the Site for purposes other than its strictly individual and private consultation, without the express prior authorisation of GUINOT, is prohibited and constitutes an infringement punishable by the Intellectual Property Code and/or an offence liable to incur the civil and criminal liability of its author.The General Conditions of Use do not imply any transfer or licence of any intellectual property right to the benefit of the User other than the right to use the Site in accordance with all the provisions of the General Conditions of Use.

The fact that GUINOT does not initiate proceedings as soon as it becomes aware of unauthorised use does not imply acceptance of said use and waiver of proceedings.

5. HYPERTEXT LINKS

It is possible to create a link to the presentation page of this Site without the express authorisation of GUINOT, provided that this Site is displayed in a new browser window and that :

·       The source is mentioned and a hypertext link points directly to the content in question.

·       The information is used for personal, associative or professional purposes only. Any use for commercial or advertising purposes is excluded, except with the prior written agreement of GUINOT.

·       The Internet site linking to the content of this Site must not disseminate information of a controversial, pornographic or xenophobic nature or which may, to a greater extent, undermine the integrity of GUINOT.

GUINOT therefore reserves the right to request the removal of any link that it deems to be inconsistent with the purpose of its Site. GUINOT may not be held responsible for the layout or content appearing on or obtained through these sites.. 

6. ACCESS TO THE SITE

To access the Site, the User must have Internet access. GUINOT undertakes to use all reasonable means to ensure that the Site is accessible to Users at all times, with the exception of maintenance periods or for any other reason beyond GUINOT's control.GUINOT does not guarantee uninterrupted access to the Site. Access to the Site may be slowed or temporarily interrupted. GUINOT may at any time suspend, interrupt or limit access to all or part of the Site, restrict access to the Site, or to certain parts of the Site, to a specific category of Internet user, for technical reasons, due to failure or disruption of telecommunications systems beyond GUINOT's control or due to necessities related to the service and in particular in order to ensure the maintenance of GUINOT's servers, the maintenance and updating of the Site, etc., or when GUINOT observes a fault on the Site. or when GUINOT becomes aware of a security breach that could seriously compromise the security of GUINOT's data and/or server. GUINOT may not be held liable in this respect.

GUINOT may not be held liable in the event of a failure, breakdown, difficulty, slowdown or interruption in operation, preventing access to the Site or to one of its functionalities and does not guarantee uninterrupted access to the Site.

7. PERSONAL DATA

The data and information that the User transmits to GUINOT, notably by browsing the Site or in any form, includes personal data, the collection and processing of which by GUINOT is presented in the personal data processing policy accessible on the Site (hereinafter the ‘Policy’). By accessing and continuing to browse the Site, the User declares that he/she has read the Policy.

The Policy can be consulted by clicking on the following link: Protection of personal data

In accordance with the General Data Protection Regulation, the User has, subject to compliance with the legal obligations imposed on GUINOT in the context of its activity, the right to access, limit, delete, modify and rectify information concerning him/her; he/she also has the right to object to the processing of his/her personal data. To exercise these rights, Users should send their request to the following address: dpo@guinot.com or to the address of the registered office indicated above.

8. TRACKING FILES (COOKIES)

When Users visit the Site, a ‘Cookie management’ banner warns them of the presence of cookies and invites them to accept or reject them, cookie by cookie. A cookie is a small text file placed on the User's terminal (in particular a computer, smartphone or tablet) when visiting a website. It enables the browser to be identified during your visit and to retain some of your information.To find out more about the use of cookies, please consult our Policy.

9. THIRD-PARTY WEBSITE

The Site may contain links, promotional or otherwise, to third party websites and links to social networks that are not owned or controlled by GUINOT. These links are provided solely for the convenience of the user of this Site. They are activated under the sole responsibility of the User. GUINOT may not be held responsible for any material, immaterial or moral prejudice, direct or indirect, for any reason whatsoever that may result from the activation of hypertext links available on the Site.

The existence of a link to or from the Site does not constitute an endorsement of the third party site or its content by GUINOT. GUINOT assumes no responsibility for the content, the offer or any other element available, the privacy policy or the practices of third party websites and cannot be held responsible for any problems encountered on any other sites to which links are established, or for any other information published on these sites, as well as for the consequences of their use. By using the Site, the User accepts that GUINOT may not be held liable due to its use of third party websites and third party social networks. By clicking on a link to a third party site, the User understands that he/she is leaving the Site governed by these General Conditions of Use and accepts that GUINOT does not control these third party internet sites. In particular, GUINOT cannot guarantee that a third party site adheres to the same security and confidentiality practices as those of GUINOT. GUINOT cannot therefore be held responsible for the use that may be made of Users' personal data by these sites. GUINOT recommends checking the privacy charters of all service providers that Users use.

In addition, the Site may promote certain third party products and/or services by inserting advertising banners or any other advertising or promotional element and may also carry out cross-marketing operations with any partner of its choice. GUINOT is not responsible for third party products or services promoted in this way. The installation of such links or the reference to any information, articles or services provided by a third party cannot and must not be interpreted as an express or tacit endorsement by GUINOT of these sites and elements or their content.

10. LIMITATION OF LIABILITY - OBLIGATIONS OF THE USER

GUINOT may not under any circumstances be held liable to anyone for any direct or indirect damage caused to the User, to third parties and/or to the User's equipment, including without limitation, viruses, computer faults or malfunctions, fraudulent intrusion by a third party, loss of customers or profits, revenues, opportunities, data, any errors, omissions, losses or delays, whether the damage is caused on the occasion of, in connection with or following the use of the Site or any content or other element accessible or downloaded from the Site.GUINOT does not warrant, in any manner whatsoever, that the Site is free from malicious computer code, including but not limited to computer viruses. GUINOT cannot be held responsible in the event of damage or deletion of data caused by malicious computer code.

The User is solely responsible for the use he makes of the Site, of all its functionalities and of all the data and information he communicates or transmits on the Site and for any other action on his part on the Site and, in particular, when filling in any online form.

The User guarantees GUINOT that its activity on and via the Site will not be contrary to any law or regulation in force, GUINOT cannot be held responsible for any activity of the User on or via the Site and/or for any direct or indirect damage resulting from the use by the User of the Site and all of its data.

The User guarantees GUINOT against any claim or action by a third party in this respect.

The User acknowledges and accepts that GUINOT has no obligation to monitor or control the data and information transmitted by the User on the Site.

The User agrees not to, directly or indirectly, denigrate the Site and/or the services of GUINOT as well as GUINOT on social networks and any other means of communication. It is the responsibility of each User to take all measures to ensure the protection of data and software stored on his/her computer, in particular against contamination by viruses or spyware that may be introduced by third parties via the Internet.

The User acknowledges that data circulating on the Internet is not protected in particular against possible misappropriation. The communication of any information deemed by the User to be of a sensitive or confidential nature is at the User's own risk.

The User declares that he/she accepts the characteristics and limits of the Internet, and in particular acknowledges that GUINOT assumes no responsibility for the services accessible via the Internet and exercises no control whatsoever over the nature and characteristics of the data that may transit via its server centre.

The User undertakes to use the Site's services and all the information to which he/she may have access only for purposes that comply with public policy, accepted standards of behaviour and the rights of third parties. In particular, the User acknowledges that data circulating on the Internet may be regulated in terms of use or protected by property rights.

The User is solely responsible for the use of the data he/she consults, queries and transfers on the Internet.

The User undertakes not to commit any act that may jeopardise the computer security of the Site or the computer systems of other users.

The User undertakes not to interfere with or interrupt the normal operation of the Site. Any content downloaded is done so at the User's own risk and under his/her sole responsibility. Consequently, GUINOT cannot be held responsible for any damage to the User's computer or any loss of data resulting from downloading. Access to the Site may require the use of personal access codes. These authentication methods are personal and confidential. You must ensure their secrecy and you may of course modify them at any time. GUINOT reserves the right to take legal action against any offending User in order to obtain compensation for the damage caused to them.

Any guarantee of quality or suitability for a specific purpose is expressly excluded.

The User is fully aware of the provisions of this article and in particular of the aforementioned limitations of liability, which are essential conditions of these general conditions of use.

11. APPLICABLE LAW - LITIGATION

The General Terms and Conditions of Use are governed by French law. They are written in French. In the event that they are translated into one or more languages, only the French text will be deemed authentic in the event of a dispute. Any claim or dispute arising from the validity, interpretation or performance of the General Terms and Conditions of Use shall be submitted to the competent courts within the jurisdiction of the Paris Court of Appeal, under the conditions of ordinary law.

Disputes

These conditions are governed by French law.

Any disputes arising from the interpretation or performance of these terms and conditions, which cannot be resolved amicably, will be referred to the competent courts. The reference language for the settlement of any disputes shall be French.

Consumer mediation

Consumers are informed of the possibility of having recourse to consumer mediation for any disputes that may arise concerning the sale of our products.

As a consumer, in accordance with article L612-1 et seq. of the French Consumer Code, you have the right to appeal to CMAP at the following email address: consommation@cmap.fr or by post:

CMAP, Service Médiation de la consommation
39 avenue Franklin D. Roosevelt
75008 Paris

Any consumer referring a matter to CMAP must first be able to prove that they have tried to resolve their dispute directly with our company GUINOT.

Consumer complaints

In your capacity as a consumer and in accordance with Regulation 2023/988 on general product safety, you may contact GUINOT directly either by :

GUINOT SAS

Consumer complaints

CS 80069

120 avenue Charles de Gaulle

92522 Neuilly sur Seine cedex

Email address : contact@guinot.com

Subject of your email : Consumer complaints

Tel : 33 (0)1 58 58 41 00

12. MODIFICATIONS

This information may be modified at any time by GUINOT, in particular in order to comply with any changes in French and European legislation and regulations.