CGU

TERMS OF USE

These general terms of use (hereinafter referred to as "Terms of Use") aim to establish the conditions for using the services (hereinafter referred to as "the Services") offered on the website accessible at the URL https://www.samfries.com (hereinafter referred to as "the Site") and the mobile and tablet applications (hereinafter referred to as "the Applications").

Any person accessing the Site, Applications, regardless of their status (individual or professional), their location, the means of connection to the Site and Applications, the purpose and intent of their access to the Site and Applications, and/or the use of the Services, is a user (hereinafter referred to as "the User").

 

ARTICLE 1 – ACCEPTANCE OF THE TERMS OF USE

The User is presumed to be aware of and accept, without reservation, all of the Terms of Use upon connecting to the Site and Applications, regardless of the digital receiving terminals used. The Terms of Use apply concomitantly (i) to the Specific Terms and Conditions, (ii) to the Personal Data and Cookies Policy, and (iii) to any derivative or extension of the Site on existing or future social and/or community networks.

The User is advised not to connect to the Site and Applications or use the Services if they do not accept all or part of the aforementioned documents.

The Publisher may modify the terms of the Terms of Use at any time. The User is expressly informed that the applicable version is the one that is available online on the date of their access to any of the Services, which the User acknowledges and accepts without restriction, undertaking to refer to them systematically each time they connect.

 

ARTICLE 2 – ACCESS TO SERVICES AND SERVICE SUSPENSION

2.1 Availability of the Site and Applications

The Publisher agrees to make its best efforts to ensure uninterrupted access and operation of the Site and Applications. However, the Publisher cannot be held responsible in case of temporary unavailability of the Site, Applications, and Services (i) due to maintenance of the Site, Applications, or the servers on which they are hosted, (ii) due to events beyond its control and will, and (iii) due to force majeure.

2.2 Suspension of access

The Publisher reserves the right to suspend access to the Services (i) in the event of loss, theft, and/or unauthorized use of the User's identification data, as informed by the User, (ii) in case of non-compliance with the provisions herein, (iii) during maintenance operations. The Publisher cannot be held liable for such interruptions and the resulting consequences for the User.

2.3 Online Store - Hosting

Any new functionality or tool added to the current store will also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Use by posting updates and/or changes on our website. It is your responsibility to check this page regularly to stay informed of any changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

When you create an account in our online store, the terms of use and all aspects related to Products, Services, Prices, billing, or account information are stipulated in our General Terms and Conditions of Sale ("GTC"), which we invite you to consult.

In the context of using the online store and the account(s) created in our online store, we collect data that is subject to our Privacy Policy, which we also invite you to consult.

2.4 Third-Party Tools and Links

We may provide you with access to third-party tools over which we have no control or intervention.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranty, representation, or condition of any kind and without any endorsement.

We disclaim any liability regarding your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

Certain content, products, and services available via our site may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any damages or harm related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

 

ARTICLE 3. USER COMMITMENTS

3.1 User Behavior and Commitments

The Site and the information published on it are reserved for:

  • Access to the online store;
  • Strictly private and non-commercial use by the User, not intended for collective use, whether free or paid;
  • Consultation of information using the Publisher's automated data processing system.

The User declares to be at least of the age of majority in their state or province of residence and that they have not given their consent to allow any of their minor dependents to use this site.

If, at our request, the User submits certain specific contributions (e.g., contest entries) or even if we do not request them, the User submits creative ideas, suggestions, proposals, plans, or any other material, whether online, by email, by postal mail, or otherwise (collectively, "Comments"), the User agrees that the Publisher may, at any time, without restriction, edit, copy, publish, distribute, translate, and use in any way any comments transmitted by the User. However, the Publisher is not obliged to:

(1) keep the Comments confidential;

(2) provide compensation for any Comment;

(3) respond to any Comment.

The Publisher may, but has no obligation to, monitor, edit, or remove content that it deems, at its sole discretion, to be illegal, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates the intellectual property of any party or these Terms of Use.

The User agrees that their Comments will not violate any rights of a third party, including copyright, trademark, privacy, personality, or any other personal or proprietary right. The User further agrees that their Comments will not contain any defamatory, illegal, abusive, or obscene content, nor any computer virus or other malicious software that may affect the operation of the Service or any associated website. The User may not use a false email address, pretend to be someone other than themselves, or mislead the Publisher or third parties as to the origin of any Comment. The User is solely responsible for the comments they make and their accuracy, which do not hold the Publisher liable.

A violation of any of the conditions will result in immediate termination of the Services.

3.2 Non-Compliance with the Terms of Use

Any User who acts in violation of these General Terms of Use may be subject to civil or criminal proceedings that particularly punish infringements of copyright, neighboring rights, rights of database producers, and automated data processing systems.

Criminal proceedings may be initiated by the Publisher against the User who fails to comply with these provisions, based on articles 323-1 and following of the Criminal Code.

 

ARTICLE 4 PUBLISHER'S LIABILITY

The Publisher reserves the right to insert or authorize any third party to insert advertising, promotional, and/or partnership messages in any space within the Services, without, however, intervening in the Comments.

 

ARTICLE 5 CONTACT

Any questions regarding the terms of use should be addressed to us at [contact@samfriesworld.com].

 

ARTICLE 6 SEVERABILITY

In the event that any provision of these General Terms of Use is deemed unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable part shall be deemed severed from these General Terms of Use. Such determination shall not affect the validity or enforceability of the remaining provisions.

 

ARTICLE 7 AGREEMENT ON PROOF

The Publisher and the User agree to primarily communicate electronically. These electronic communications constitute valid, admissible, and enforceable evidence between the Publisher and the User.

 

ARTICLE 8 APPLICABLE LAW AND JURISDICTION

The User's non-compliance, regardless of their location, with any provision of these General Terms of Use, and any disputes related to their performance, interpretation, or validity, are subject to French law and the jurisdiction of French courts.