Terms and conditions
MSFP offers a service on its website "https://dailyshopwindow.com" (the "Site"), which allows people interested in fashion who wish to know the latest trends across the world to have access to a very large range of photographs of shop-windows specifically dedicated to fashion (the "Service").
The Client may access the Service under the conditions described below, by signing up for the Free Trial under the conditions described on the Subscription Form and/or by signing up for an Offer as part of the Paying Service of MSFP through a Subscription Form.
Please read these General Terms for using the Site and for the sale of the Service carefully (the "GTUS"), prior to any subscription to the Service.
Browsing on the Site and/or subscribing to the Service automatically entail(s) Your express and unreserved acceptance of the GTUS and if appropriate, the Agreement as defined below.
If You do not accept the GTUS, You must not use the Service and, in general, the Site.
We recommend You to keep a printed copy of the GTUS which apply when You use the Site and/or subscribe for the Service, for Your personal archives.
Article 1 - Definitions
The terms used below have the following meanings in these GTUS whether they are used in the singular or plural:
“Account” means the account created by the Client which allows the access to the Service corresponding to the subscribed Offer.
“Agreement” means these GTUS and the Subscription Form in the order of priority as specified in article 3.2 of these GTUS.
“Authorised Number of Users” means the number of Users authorised to use the Service within the scope of the Offer selected by the Client and stipulated in the Subscription Form.
“Client” means any legal or physical person holding an account having subscribed for an Offer using the corresponding Subscription Form.
“Connection Data” means the personal identifier and/or password for each Client and/or User permitting access to the Service.
“Contact Details” means the information completed by the Client and collected by MFSP for the creation of any Account.
“Content” means all the information and publications accessible on the Site, notably the general structure, texts, images, animated or not, videos, sounds, hypertext links, distinctive signs (trademarks, logos) and the associated databases, as well as their content, notably comprising textual, costed, and graphic data, photo, videos, presentations, hypertext links.
“Free Trial” means the right to access the Service free of charge under the terms and conditions of the GTUS and the Subscription Form.
“General Terms of Use and Sale” or “GTUS” means this document, and any subsequent modification in accordance with article 3 of these GTUS.
“Identifier” means the User's email address indicated by the Client when subscribing for the Service.
“MSFP” means MSFP, a Public Limited Company with capital of €135,339.00, the registered office of which is at 10, rue des Jeuneurs 75002 Paris, registered on the Paris Trade and Companies Register under the number B 752 740 910, which markets the Service, and holds the exclusive ownership title rights over the Site, the "DAILYSHOPWINDOW" trademark and the domain name: dailyshopwindow.com.
“Offer” means collectively all the offers proposed by MSFP enabling access to the Service and in particular, the Paying Service, the Offer selected by the Client in the Subscription Form.
“Parties” means collectively MSFP and a Visitor when browsing on the Site, and MFSP and the Client, when using the Service.
“Paying Service” means the right to access the functionalities of the Service in accordance with the Offer subscribed in the Subscription Form.
“Service” means the Free Trial and the Paying Service together in accordance with the terms of the GTUS and the Agreement.
“Service Opening” means the date on which the Service takes effect, either the date the Client validates the GTUS and acceptance of MSFP as part of the Free Trial, either the date of acceptance of the payment of the amount owed by the Client by the bank for the subscribed Offer, as defined in the Subscription Form as part of the Paying Service.
“Site” means the URL address https://dailyshopwindow.com which the Service is available from and the mobile application offering the Service associated with it, if applicable.
“Subscription Form” means the on-line document which the Client uses to subscribe for the Paying Service, identifying the Client as the contracting entity, the Offer subscribed, the Authorised Number of Users and their contact details if any, the applicable price conditions, and expressly refer to these GTUS. It is understood that to be valid, all Subscription Forms must be validated by the Client, by checking the relevant box and accepted by MSFP in accordance with the terms of the GTUS.
“User” means the physical person or persons who the Client may designate when subscribing the Offer.
“Visitor” means any user of the Site; a Client is also a Visitor within the meaning of the GTUS.
“You” and “Your” means the physical person or legal entity who/which subscribes the Service.
Article 2 - Pre-requisites
2.1 Browsing on the Site implies that Visitor complies with the following pre-requisites: (i) have an Internet connection and (ii) hold an Internet subscription allowing access to the Site; it is understood that the Visitor shall exclusively bear the costs pertaining thereto.
2.2 The Visitor guarantees that he or she has full legal capacity to subscribe for the Service, and in particular:
if the Visitor subscribes for the Service as a physical person, the Visitor guarantees that he is aged over 18, and is not subject to wardship or guardianship; Minors being authorised to browse on the Site and/or use the Service under the supervision of an adult;
if the Visitor (physical person) subscribes to the Service in the name and on the behalf of a legal entity, the Visitor guarantees that he has the authority to bind such entity.
2.3 The Client shall not be a competitor of MSFP and shall not use the Service to compete with MSFP, or in general, in a manner which harms the interests of MSFP.
2.4 Under no circumstances, MSFP may be held liable if the Service is used by persons who do not comply with these pre-requisites.
Article 3 - Contractual documents
3.1 The Agreement includes the documents defined hereafter by decreasing order of priority, with the first-listed prevailing over the following documents in the event of a conflict or inconsistency:
the Subscription Form;
the General Terms of Use and Sale. In the event of successive versions of GTUS, the most recent version, accepted by the Client in accordance with the terms of the CTSU, will replace the previous version.
If the GTUS are modified, the new GTUS will be sent by email to the address given by the Client. The Client has fifteen (15) days from receipt of the email to decide whether to terminate the Agreement or not, and to close the Account when the current contractual period terminates, which is firm, unless early termination in accordance with article 15.2 of the GTUS. The GTUS in force when the Service is subscribed or any later version accepted by the Client, will remain in force up until the current contractual period expires. If the Client is silent during this period, the new GTUS will be considered to have been accepted by the Client.
3.2 Entire Agreement
The Agreement constitutes the entire agreements between the Parties. It cancels and supersedes all prior or simultaneous agreements, arrangements and understandings, whether oral or written, relating to the subject matter of the Agreement.
Article 4 - Description of the Service
The purpose of the Service is to enable people working and/or interested in fashion to access MSFP's selection of photographs of shop windows worldwide illustrating the latest trends in this area, and to be able to if necessary store the photographs they have selected in their personal area as soon as the Account is opened, depending on the Offer subscribed.
The Site includes:
a public area which allows the Visitor to have access to the Site;
a private area, reserved for the Client and Users, corresponding to the Service. The private area gives access to the functionalities of the Service in accordance with the Offer subscribed.
Article 5 - Implementation and terms and conditions for subscribing for the Service
5.1 The Service and the different Offers proposed by MSFP are presented on the Site and included in the Subscription Form, accompanied by a description informing the Client of their basic characteristics and the amount charged for them, if applicable.
5.2 Unless otherwise stated in the GTUS and/or the applicable Subscription Form (i) the Service is ordered by the Client in the form of User subscriptions and access cannot be authorised for more Users than the Authorised Number of Users for the Subscription Form concerned, (ii) additional User subscriptions can be added as part of the Paying Service during the current period of the Subscription Form under the financial conditions which are applicable on the date of the corresponding subscription, proratarised for the subscription remaining to run for the current initial subscription period and (iii) the additional User subscriptions expire on the same date as the pre-existing User subscription.
A User subscription is reserved for one (1) User within the meaning defined in these GTUS, and cannot be shared or used by more than one (1) User, but can be re-attributed to a new User replacing the previous User who no longer needs to use the Service.
5.3 After the Client has selected the Offer by following the procedure described on the Site, the Client must check the box "I have read and accept the GTUS" which appears at the end of the on line Subscription Form within the framework of the Service. It is understood that by validating the Client is stating that he/she/it has read and expressly and unreservedly accepted the GTUS by clicking the "next" button provided for this on the site.
If MSFP accepts the Client's Subscription for the Offer, MSFP will address to the Client a subscription confirmation by email to the email address given for the Account, summarising the Client's information on the Subscription Form, as well as the Users' Connection Data by email to the Identifiers given by the Client when the Offer was subscribed.
The Client is responsible for creating the User's identifiers and the use which is made of them. It is understood that MSFP will send the Connection Data to the Users via the Identifiers given by the Client when the Service is subscribed.
Any connection to the Service made with the Connection Data is considered to have been made by the User, and MSFP disclaims all liability for irregular or fraudulent use of the Connection Data, including use by a third party to whom a User may or may not have disclosed all or part of the data comprising it, in particular the User's password.
The Service Opening occurs on the date MSFP sends the validation for the Subscription Form to the Client. From then on, the Client is no longer authorised to cancel the subscription for the Offer, which is assumed to be firm and irrevocable, unless express provision applicable to consumers as stipulated in article 6 below, or by a written agreement between the Parties, signed by a duly authorised representative of each of them.
5.4 The Client acknowledges and accepts that the subscription of an Offer is an offer to contract up until MSFP has accepted the Subscription Form, which MSFP is therefore free to accept or refuse. In any event, MSFP reserves the right to refuse any subscription for an Offer, notably if the Client does not satisfy the conditions required by the GTUS.
Article 6 - The Consumers' right of withdrawal
Under the application of articles L.121-20 et seq of the Consumer Code, consumers have seven (7) clear days in which to withdraw from the subscription for the Service, without any penalty or reason.
Notwithstanding the above provision and in accordance with article L.121-20-2, 1° of the Consumer Code, the consumer cannot exercise his or her right of withdrawal, if the consumer acceded to the Service on his or her own initiative or began to use it before the above-mentioned withdrawal period expired.
Article 7 - Rights granted and use of the Service
7.1 In order to create an Account on the Site, the Client must satisfy the following conditions and guarantee MSFP via a registration form available on the Site that he/she/it:
is not subject to any measure banning him/her/it from holding an Account;
agrees to acquire at his/her/its own costs, all the hardware and software required, and to subscribe to an Internet access and the subscriptions required for using the Site;
will only use one Account at a time, unless otherwise provided in these GTUS and/or the Subscription Form and will not infringe the rights of MSFP and/or its licensors, in particular, any intellectual property rights such as its copyright and/or its rights over its trademarks in particular the trademark “dailyshopwindow”;
authorizes MSFP or any third party designated by it to photograph the shop windows of his/her/its own shop(s) and to use the said photographs within the framework of the Service;
will not infringe any third party rights within the scope of using the Service.
In general, the procedure to create an Account is subject to the following steps:
Step 1: the Client examines the different Offers proposed by MSFP within the scope of the Service and clicks on "Next".
Step 2: the Client completes a form with his/her/its Contact Details, and the Contact Details for any Users, if any: email address, user name, password, activity, first name, surname, telephone number, postal address, choice of language, Offer subscribed, number of Users, if applicable. This data is mandatory and confidential. The Client must check the box: "I have read and accept the terms and conditions" and click on "Next".
Step 3: MSFP sends the Client a text message and/or email to the mobile telephone number and/or email address given by the Client, with a link for activating the Account. If the Client subscribes to an Offer on behalf of several Users, MFSP will send the said Users their Connection Data as well as the link to activate their Account to the Identifier indicated by the Client for each User.
Step 4: the Client and/or the Users click(s) on the link sent by MSFP to validate its/their Account.
By creating an Identifier for the User within the limit of the Authorised Number of Users in connection with an Account, the Client (i) guarantees the veracity, accuracy and completeness of the Information required in the appropriate fields and (ii) undertakes to maintain and promptly update his/her/its Contact Details, including the Identifier in order to guarantee its veracity, accuracy and completeness.
As the creator of the Identifier(s) for the User(s) within the limit of the Authorised Number of Users, the Client is fully liable for their/its creation and their/its use. In this respect, MSFP must ensure that the Identifier does not have an offensive or obscene nature or adversely affect third party rights and reserves the right to immediately temporarily or permanently exclude any Client whose Identifier infringed any of the provisions of these GTUS in accordance with the provisions of article 15.2.
7.2 Extent of the rights granted
7.2.1 Rights granted to the Visitor
MSFP grants the Visitor the right to browse in the Site and to subscribe for the Offers proposed by MFSP as part of the Service.
7.2.2 Rights granted for the Service
As part of the Service, MSFP grants the Client the personal, non-assignable, non-transferable and non-exclusive right to access and use, for its own needs:
the functionalities available as part of the Free Trial;
the functionalities of the Paying Service corresponding to the Offer subscribed by the Client in a Subscription Form, up to the maximum Number of Authorised Users for the length of the corresponding subscription.
A Client who has subscribed the Offer may allow each User indicated on the Subscription Form, within the maximum Number of Authorized Users, to access the Service's private area on the Site using his or her Connection Data, for the duration of the corresponding subscription.
Article 8 - Use of the Users' Contact Details and Connection Data
The Client acknowledges that he/she/it is exclusively and fully responsible for protecting the confidentiality of the Contact Details supplied when creating the Account, as well as the Contact Details and Connection Data of the Users supplied when it has fulfilled the Subscription Form. Under no circumstances shall the Client allow third Parties to use his/her/its Contact Details, and/or those of the Users indicated on the Subscription Form. In addition, it is expressly agreed that the Client shall not sublicense, assign, transfer, sell or otherwise attribute his/her/its Contact Details, and/or Account to a third party or parties without MSFP's prior written consent.
If the Client has reason to believe that his/her/its Account is no longer protected (e.g., in case of loss, theft or the unauthorised disclosure of the Client's Contact Details), the Client must immediately inform MSFP, which if necessary, will close the Account.
The Client acknowledges and accepts that any use of the Service by using a User's Connection Data is deemed to have been performed by the Client or the User concerned.
The User can log onto the Site in the event of forgotten Connection Data. The User can click on "forgotten password" below the identifying fields and the password. The User will receive a new password by email after completing and validating the contact address.
In addition if the User's Connection Data is lost or stolen, MSFP will immediately apply the emergency suspension procedure to suspend access to the Service to the User. Access to the Service will only be restored after the Client has sent an express request to MSFP by recorded delivery letter with acknowledgement of receipt.
Article 9 - Interruption to the Service
MSFP reserves the right to interrupt the use of the Site and/or the Service at any time, with or without notice, notably in order to carry out a corrective and upgrade maintenance on the Site, or to modify the Content or presentation. MSFP will as far as possible, inform the Visitor and/or Client before any corrective or upgrade maintenance operation. In addition, the Client and/or the User(s) acknowledge(s) that the Service can be interrupted for reasons beyond MSFP's control and that MSFP cannot guarantee to the Client and/or the Users a permanent access to the Service or his/her/its/their Account.
In any event, MSFP cannot be held liable for any interruption and/or malfunction to the Service, irrespective of the cause, and reserves the right to modify and/or delete certain aspects of the Service and/or the Site at any time.
Article 10 - Warranties
The Client acknowledges that the content selected by MSFP for the Service is published for purely informative purposes as suggestions of trends.
In this context, the Client uses the Service under its entire liability. The Service is supplied "as is" without any warranty of any kind. MSFP expressly rejects any express or tacit warranty, especially the tacit warranties of commercialisation, adaptation to a specific use, or the non-violation of third party rights.
In addition, MSFP does not warrant: (i) that the Service corresponds to the needs of the Client and the Users; (ii) that the Service will function uninterruptedly within the stipulated time limits in a secure manner and without any malfunction; (iii) that the quality of the Service and/or the information obtained via the Service will satisfy its expectations; and (iv) that any error in the Service will be corrected.
Article 11 - Liability
11.1 Liability of the Visitor
The Visitor is exclusively liable for the decision to access, and browse in the Site and for using the Service, and its suitability for its requirements, the security of its IT system and the backup of its data.
The Visitor undertakes to respect the provisions of these GTUS by acting in a manner which is compatible with the Site and the Service, and the applicable laws and regulations.
Therefore, MSFP may not be held liable in any way for the disputes which could arise between the Visitor(s), Client(s), User(s) and third parties for current or future claims or damage, presumed or not, established or not, which directly or indirectly result from using the Service.
11.2 The limitation on MSFP's liability
MSFP cannot be held liable for any loss or alteration of data, time, or a chance, and/or any other consequential loss connected to using the Service.
In addition the Client and the Users unreservedly acknowledge and accept that they are fully liable for the use they make of the Service. In particular, MSFP cannot be held liable in any way for the results obtained from using the Content.
11.3 MSFP TRIES TO KEEP THE SERVICE SECURE AND FREE FROM BUGS BUT THE CLIENT USES THE SERVICE AT ITS OWN RISKS, AND IT IS REPEATED THAT MFSP SUPPLIES THE SERVICE "AS IS". MSFP CANNOT BE HELD LIABLE IN ANY WAY FOR THE ACTIONS, CONTENT, INFORMATION AND DATA OF THIRD PARTIES. THE CLIENT WAIVES ALL LEGAL ACTIONS, PROCEEDINGS AND DAMAGES DIRECTLY OR INDIRECTLY CONNECTED TO A THIRD PARTY AGAINST MSFP. IN ADDITION, MSFP CANNOT BE HELD LIABLE FOR ANY CONSEQUENTIAL LOSS WHICH THE CLIENT SUFFERS AND IN ANY EVENT, FOR ANY PERSONAL INJURY OR PHYSICAL DAMAGE, ANY LOSS OF PROFITS OR DATA WHICH IS CONNECTED WITH USING THE SERVICE EVEN IF MFSP HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE OCCURRING.
IN ANY EVENT, MSFP'S LIABILITY UNDER THE GENERAL TERMS OF USE AND SALE CANNOT EVER EXCEED THE AMOUNT EXCLUSIVE OF TAX WHICH MSFP RECEIVES FOR THE OFFER SUBSCRIBED BY THE CLIENT FOR THE CURRENT SUBSCRIPTION, SUBJECT TO THE STATUTORY PROVISIONS APPLYING TO CONSUMERS; HOWEVER, CERTAIN LEGISLATIONS DO NOT AUTHORISE THE LIMITATION OR EXCLUSION OF LIABILITY. IN THESE CIRCUMSTANCES, THIS LIMITATION OF LIABILITY WILL NOT APPLY AND MSFP'S LIABILITY WILL BE RESTRICTED TO THE LOWEST LIMITATION PERMITTED BY THE LEGISLATION IN QUESTION. THIS LIMITATION ON LIABILITY APPLIES REGARDLESS OF WHETHER THE LEGAL ACTION IS BROUGHT ON THE BASIS OF CONTRACT OR TORT.
Any use by the Visitor which is contrary to these GTUS will give MSFP the right to suspend or close down the Access to the Site to the Visitor concerned and in particular to the Service to the Client concerned in accordance with the terms of article 15.2 without prejudice to any damages and indemnification to which MSFP may be entitled.
Article 12 - Financial conditions
12.1 Price
The Paying Service is invoiced to the Client based on the applicable rates on the date of the validation of the Subscription Form which can be available on the Site.
In any event, the Client undertakes to pay the amount as stated on the Subscription Form established under the terms of the Agreement. Unless otherwise stipulated in the Agreement (i) the amount is owed irrespective of the use made of the Paying Service, (ii) the amounts paid are non-refundable, and (iii) the number of User Subscriptions ordered cannot be reduced during the Subscription Period stated in the Subscription Form.
12.2 Terms and conditions of payment
The subscription for the Paying Service is paid in accordance with the terms and conditions as stated on the Subscription Form, i.e.:
by bank card via authorised payment server (Cartes Bleues of the Carte bleue banking EIG, Visa, Master Card). On-line bank card payments are assured by a transaction system provided by MFSP on the Site, which meets the security standards required by the security norms in the banking sector, or
by SEPA direct debit. The Client will communicate its bank details to MSFP to enable it to debit the amount owed for the Offer subscribed as stated in the Subscription Form.
In addition, any increase in the scope of the Service, notably concerning the Authorised Number of Users shall be subject to a separate subscription under the applicable rating conditions at the time of the corresponding subscription, unless otherwise stated in the Agreement.
The Client's commitment to pay the User subscriptions for the Paying Service is firm and irrevocable.
12.3 Tax
All the Prices indicated on the Site when the Offer is subscribed are net of tax and are increased by the tax, and notably by the VAT (value added tax) in force on the date the Client subscribes the Offer.
In addition, an invoice will be sent to the Client by email to the email address indicated for the Account itemising the price of the Offer subscribed, net of tax, and the amount of VAT applicable on the date the subscription is issued.
12.4 Renewal of the Agreement
Unless otherwise stated in the GTUS, if the Paying Service is renewed, the price of the Paying Service will be automatically revised at the end of the subscription period in progress within a limit of five percent (5%).
12.5 Late payment
Interest will accrue on any sum which is unpaid on its due date, from the corresponding formal demand until complete payment rate. This interest is equal to three (3) times the legal interest rate for the year in progress without exceeding the statutory limits, together with the payment of a fixed rate indemnity for collection costs of forty (40) euros, in accordance with the provisions of article L. 441-6 of the Commercial Code.
If the Client breaches its payment obligation, the sums owed and recovered through litigation will be increased by an indemnity of ten percent (10%) of their amount, in addition to default interest.
MSFP reserves the right to suspend the Paying Service ten (10) days after sending a letter of formal notice which has remained ineffective, without prejudice to any damages and indemnification to which MSFP may be entitled, and without this suspension being considered to be a wrongful non-performance of MSFP's contractual obligations. The Client shall bear the costs and the consequences of such a suspension in particular price increases and delays in lead times.
Article 13 - Intellectual Property
The Client acknowledges and accepts that the content is provided to the Client in order to use the Service exclusively within the framework of a normal use of its functionalities and within the limits stated in the Agreement.
These GTUS do not entail an assignment of any kind to the Client and/or the User of the intellectual property rights over the elements belonging to MSFP and/or its licensors.
The Content (and in particular the photographs of shop windows) cannot be reproduced, used or shown without MFSP's express prior authorisation. The Client shall not modify all or part of the Contents in any way.
In the event of the nonconforming or abusive use of the Content, MSFP reserves the right to use all legal means to stop the infringement to its intellectual property rights.
Article 14 - Third Party Web Sites
Any click on a hypertext link can result in leaving the Site. MSFP does not approve or control third-party websites. Consequently, MSFP cannot be held liable for the content or the operations of third party websites which are accessible from the Site. Some third party websites may also be subject to different general terms of use and confidentiality policies. MSFP strongly recommends that the Visitor enquires about the practices of third-party websites.
The Visitor is exclusively bound to the advertiser for all communications, business dealings, participation in promotions or adverts which are accessible from the Site, as well as for the delivery and payment of products and Services and for all the associated terms, conditions, warranties or declarations. The Visitor therefore acknowledges and accepts that MSFP cannot be held liable in any way for any loss or damage whatsoever, which occurs during or consecutively on such negotiations or which results from the presence of advertisers on the Site.
Article 15 - Term, termination
15.1 Term
The Service takes effect from the date of the Service Opening up until its date of expiration. It is agreed that the term of the Service as part of the Free Trial may not exceed two (2) weeks, unless a renewal authorised by MSFP.
Notwithstanding the above provisions, the minimum subscription period for an Offer within the scope of the Paying Service is stipulated in the Subscription Form relating to it, in accordance with the Offer subscribed.
The Parties expressly accept that the subscription is automatically renewed for successive periods equivalent to the initial period chosen by the Client unless either Party informs the other Party of its decision not to renew the subscription, by giving at least thirty (30) days’ notice before the end of the subscription period in question.
The amount owed by the Client to renew the subscription to the Paying Service will be equal to the amount owed for the previous subscription after applying the renewal clause for the Agreement stipulated in article 12.4, unless MSFP informs the Client by email of the new terms for the Paying Service comprising, if necessary, a price increase in return for respecting a notice period of at least forty-five (45) days before the end of the current subscription period.
15.2 Termination
In the event of a breach by either Party of its contractual obligations, provided such breach is not cured within within thirty (30) days for the Paying Service and eight (8) days for the Free Trial, from the receipt or, failing this, the first presentation of the recorded delivery letter notifying the breach in question, the other Party can immediately terminate the Agreement with immediate and automatic effect by recorded delivery letter with acknowledgement receipt, without prejudice of any of its other rights under the Agreement.
Notwithstanding the above provisions, MSFP reserves the right to terminate the Agreement without notice and/or formalities for the unauthorised use of the Service by the Client or a User, without prejudice to MSFP's other rights under the Agreement.
15.3 Upon termination or expiration of the subscription for any reason whatsoever, MSFP keeps the links to the data selected by the Client and/or the Users, if appropriate, in his/her/its/their private area for a period of three (3) months for a Free Trial and six (6) months for Paying Service's Offers. It is understood that if the Client wishes to re-subscribe to the Service during the above-mentioned periods, the Client may request MFSP for access to the said links under a separate agreement and invoicing.
In addition, the Client undertakes to immediately pay any sums owed to MSFP under the Agreement without any set off or reduction allowed, the sums paid to MSFP remaining acquired by it.
Article 16 - Personal data and cookies
MSFP warrants that it is in conformity with the laws and regulations concerning the protection of personal data.
The subscription to the Service necessitates the Client disclosing personal data. The Client therefore undertakes to only disclose honest and lawful information on registration and when using the Service.
In addition, the Client is informed that MSFP may gather personal data about the Client whenever the Service is used.
Under the provisions of articles 38 to 40 of the law n° 78-17 of 6 January 1978 as amended, the Client has a right to access, query, modify, rectify and delete the personal data relating to him/her/it. To do this, the Client can ask that the information relating to him/her/it which is incorrect, incomplete, vague, out of date, or for which collection, use communication, disclosure or conservation is prohibited, be either corrected, supplemented, clarified, updated or deleted by respecting the following procedure:
a written request signed by the Client to which a photocopy of an identity document is appended;
request sent to MSFP, at the following address: MSFP - Service clients - 10, rue des Jeuneurs - 75002 PARIS.
If a Client requests the deletion of information required to register the Client, MSFP reserves the right to refuse the Client access and use of all or some of the Service.
When the Account is closed, MFSP may confidentially preserve and archive the data concerning the Client for evidential purposes, for a period fixed by MFSP for the declaration of formalities to the Data Protection Authority (CNIL) and at maximum, for the ordinary statutory limitation period for civil actions under article 2224 of the Civil Code.
Sales prospecting by email are allowed under the statutory conditions if the recipient's contact details have been gathered in compliance with the law n° 78-17 of 6 January 1978 as amended.
The Client has a right to oppose the personal data concerning him/her/it being used for such purposes, without incurring costs.
The Client acknowledges that MSFP may use cookies or any other similar technique to trace the Client's browsing on the site and to collect data on the Client.
Cookies record data and are stored in the memory of the hard disk of the Client's computer.
The Client can prevent these cookies from being installed on the hard disk of his/her/its computer by configuring the browser as follows:
For Microsoft Internet Explorer 6.0, 7.0, 8.0, 9.0 and 10.0:
choose the "Tools" menu then "Internet Options",
click on the "Confidentiality" tab,
select the desired level using the curser.
For Google Chrome:
choose the "Parameters" tab then "Advanced parameters", then click on "Parameters of content",
click on "Cookies and site data",
select the site and the cookie and click on "Delete".
For Mozilla Firefox:
choose the "Tool" menu,
click on the "Delete my traces",
identify the menu "Cookie" and select the desired options.
For Safari:
choose the "Safari" tab, then "Preferences" then click on "Security",
click on "Display cookies",
select the desired cookies and click on "Delete" or "Delete all",
After having deleted the cookies click on "Terminated".
The Client can also decide to delete the cookies at the end of each session. Nevertheless, the Client acknowledges that the partial or total functioning of the Service can be affected or even become impossible, if the Client withdraws or refuses cookies.
Article 17 - Traceability
MSFP keeps the history of the Clients access to the Service in conformity with the regulatory time limits imposed on it.
Article 18 - Confidentiality and references
18.1 All the information transmitted or gathered by MSFP when the Service is being used is considered to be confidential in nature and are communicated externally unless otherwise stipulated in these GTUS. This provision does not prevent MSFP from making disclosures in order to comply with the laws and regulations in force or any judicial or administrative requisition or request in order to protect itself, the Clients or any other person.
18.2 The Client authorises MSFP to use its names and logo as commercial references. The Client notably authorises MSFP to publish its logo on the Site, providing MSFP complies with any directives from the Client regarding such a publication.
Article 19 - General provisions
19.1 Independence of the Parties
The Parties are independent contractors. In no event shall the Agreement establish any mandate, franchise or any type of legal entity and neither Party has any authority to bind the other Party to any agreement or any obligation.
19.2 Notifications
Notifications will be sent to the Client by email to the address given when it is registered. Any email sent by MSFP to a Client is deemed to have been received by the Client, who is considered to have full knowledge of it.
19.3 Evidence
The files, data, messages and digitized records stored in MSFP’s data processing systems shall be admitted as proof of the facts and communications between the Parties The registers will be presumed, unless proved to the contrary, to have been kept under reasonably secure conditions, if the messages, data and other documents are systematically recorded on a reliable and durable medium.
19.4 Assignment and Subcontracting
MSFP can assign or transfer its rights and obligations resulting under the GTUS or the Agreement to any third parties without any prior notification.
MSFP is authorised to subcontract all or part of its obligations under the GTUS and/or the Agreement to a third Party. MFSP will remain solely liable to the Visitor for their correct performance.
19.5 Force Majeure
Neither Party can be held liable for the non-performance of its obligations under the GTUS or the Agreement, if an event of force majeure as defined by French courts occurs.
19.6 Waiver
The waiver or the failure by either Party to claim a breach by the other Party of any of its obligations under the GTUS or the Agreement shall not be construed as a waiver of such obligation for the future. Any waiver shall only be effective subject to an amendment pursuant to the terms of the article 3 hereunder.
19.7 Severance
If any provision of the GTUS or the Agreement is held to be illegal, invalid or unenforceable, as a result of any statutory or regulatory provision or after the decision of a competent court which has become final, the Parties shall consult each other to replace such provision by a solution agreeable and which is in the spirit of the GTUS or the Agreement. All the other provisions of the Agreement shall continue in full force and effect.
19.8 Language
The GTUS is in the English language. Should these GTUS be translated in any other language, its English version only shall be binding on the Parties and shall prevail. Furthermore, all communications and notices made or given pursuant to the GTUS or the Agreement shall be in the English language.
Article 20 - Governing law and jurisdiction
The GTUS are governed by French law. The Parties will endeavour to find an amicable solution if a dispute arises concerning the performance or interpretation of these GTUS or the Agreement in relation to the subscription of the Service. If an amicable solution is impossible, any dispute or complaint will be submitted to the exclusive jurisdiction of the competent courts within the jurisdiction of the Paris Court of Appeal - France Including in relation to summary proceedings or if there are multiple defendants.
Article 21 - Contacts
If you have the slightest doubt or question about these General Terms of Use and Sale, please contact MSFP by email at the following address: [email protected]