The general terms and conditions were last updated on February 9, 2023.
1. Introduction
These terms and conditions apply to this website and to transactions relating to our products and services. You may be bound by additional contracts in connection with your relationship with us or any products or services you receive from us. If any provisions of additional contracts conflict with any provisions of these terms and conditions, the provisions of such additional contracts shall prevail.
2. Mandatory
By registering, accessing or otherwise using this site, you hereby agree to be bound by the terms and conditions set forth below. The mere use of this website implies knowledge and acceptance of these terms and conditions. In certain cases, we may also ask you to give your explicit agreement.
3. Intellectual property rights
We or our licensees own and control all copyright and other intellectual property rights in the website and the data, information and other resources displayed or accessible on the website.
3.1 All rights reserved
Unless otherwise specified in specific content, no license or other right is granted to you under any copyright, trademark, patent or other intellectual property right. This means that you will not use, copy, reproduce, perform, display, distribute, incorporate into electronic media, modify, reverse engineer, decompile, transfer, upload, transmit, monetize, sell, merchandise or market any of the resources on this website in any form without our prior written permission, except and only to the extent otherwise provided by mandatory law regulations (such as the right to quote).
4. Third-party property
Our website may include hyperlinks or other references to third-party websites. We do not monitor or review the content of third-party websites that are linked to this website. Products or services offered by other websites are subject to the applicable terms and conditions of those third parties. Opinions expressed or material appearing on such sites are not necessarily shared or endorsed by us.
We are not responsible for the privacy practices or the content of such sites. You assume all risks associated with the use of these websites and any third-party services. We will not accept any liability for any loss or damage, however caused, arising from the disclosure of your personal information to third parties.
5. Responsible use
By visiting our website, you agree to use it only for the purposes intended and permitted by these terms and conditions, any additional agreements with us, and applicable laws and regulations, as well as generally accepted online practices and industry guidelines. You must not use our website or services to use, publish or distribute any material that consists of (or is linked to) malicious software; use data collected on our website for any direct marketing activities, or conduct any systematic or automated data collection activities on or in connection with our website.
It is strictly prohibited to engage in any activity that causes, or could cause, damage to the website or interfere with the performance, availability or accessibility of the website.
6. Refund and return policy
6.1 Right of withdrawal
You have the right to cancel this contract within 14 days without giving any reason.
The withdrawal period expires after 14 days from the date of conclusion of the contract.
To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by means of an unambiguous statement (e.g. letter, fax or e-mail). You will find our contact details below. You can use the enclosed sample cancellation form, but this is not compulsory.
If you use this option, we will immediately send you an acknowledgement of receipt of this withdrawal on a durable medium (e.g. by e-mail).
In order to comply with the withdrawal period, all you need to do is send us your notice of withdrawal before the withdrawal period expires.
6.2 Effects of withdrawal
If you withdraw from this contract, we will refund all payments received from you, including delivery charges (with the exception of any additional charges resulting from your choice of a type of delivery other than the cheapest standard delivery type offered by us), without undue delay and in any event no later than 14 days from the day on which we are informed of your decision to withdraw from this contract. We will make this refund using the same means of payment you used for the original transaction, unless you have expressly agreed otherwise; in any event, you will not incur any costs as a result of this refund.
If you have requested to commence performance of the services during the withdrawal period, you will be required to pay us an amount proportionate to what has been provided up to the time you have notified us of your withdrawal from this contract, in relation to the total coverage of the contract.
Please note that there are certain legal exceptions to the right of withdrawal, and therefore some items cannot be returned or exchanged. We will let you know if this applies to your particular case.
7. Content published by you
We may provide various communication tools available on our website, such as blog comments, blog posts, forums, message boards, ratings and reviews, and various social media services. We may not be able to filter or monitor all content that you or others may share or send on or through our website. However, we reserve the right to review content and monitor all use and activity on our website, and to remove or reject any content at our sole discretion. By posting information or using any other available communication tools as mentioned, you agree that your content shall comply with these terms and conditions and shall not be illegal or unlawful or infringe the legal rights of any person.
8. Idea submission
Do not send us any ideas, inventions, works of authorship or other information that may be considered your own intellectual property that you wish to present to us, unless we have previously signed an intellectual property agreement or a non-disclosure agreement. If you disclose it to us in the absence of such a written agreement, you grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.
9. Termination of use
We may, in our sole discretion, at any time modify or discontinue, temporarily or permanently, access to the Website or any services provided therein. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of your access to or use of the website or any content you may have shared on the website. You will not be entitled to any compensation or other payment, even if certain features, settings and/or any content you have contributed to or relied upon are permanently lost. You must not circumvent or misappropriate, or attempt to circumvent or misappropriate, any measures restricting access to our website.
10. Warranties and liability
Nothing in this section shall limit or exclude any warranty implied by law which it would be unlawful to limit or exclude. This website and all its contents are provided “as is” and “as available” and may contain inaccuracies or typographical errors. We expressly disclaim all warranties of any kind, express or implied, as to the availability, accuracy or completeness of the content. We do not warrant that
this web site or our content will meet your requirements ;
this website will be available on an uninterrupted, timely, secure or error-free basis.
Nothing on this website constitutes or is intended to constitute legal, financial or medical advice of any kind. If you require advice, you should consult an appropriate professional.
The following provisions of this section will apply to the maximum extent permitted by applicable law and will not limit or exclude our liability in respect of any matter for which it would be illegal or unlawful for us to limit or exclude our liability. In no event will we be liable for any direct or indirect damages (including damages for loss of profits or revenue, loss or corruption of data, software or databases, or loss of or damage to property or data) suffered by you or any third party arising out of your access to or use of our website.
Except to the extent that any supplemental agreement expressly provides otherwise, our maximum liability to you for any damages arising out of or in connection with the website or any products and services marketed or sold through the website, regardless of the form of the legal action imposing liability (whether in contract, equity, negligence, intentional misconduct, tort or otherwise) shall be limited to the total price paid by you to us to purchase such products or services or to use the website. This limitation shall apply globally to all your claims, actions and causes of action of every nature and kind.
11. Privacy
In order to access our website and/or our services, you may be asked to provide certain information about yourself as part of the registration process. You agree that any information you provide will always be accurate, correct and up-to-date.
We have developed a policy to address any privacy concerns you may have. For more information, please see our privacy statement and cookie policy.
12. Accessibility
We are committed to making the content we provide accessible to people with disabilities. If you have a disability and are unable to access any part of our website due to your disability, we ask that you send us a notification including a detailed description of the problem you have encountered. If the problem is easily identifiable and can be resolved using industry-standard IT tools and techniques, we will resolve it promptly.
13. Export restrictions / Legal compliance
Access to the website from territories or countries where the content or purchase of products or services sold on the website is illegal is prohibited. You may not use this website in violation of the export laws and regulations of France.
14. Assignment
You may not assign, transfer or subcontract any of your rights and/or obligations under these terms and conditions, in whole or in part, to any third party without our prior written consent. Any purported assignment in breach of this section shall be null and void.
15. Violation of these terms and conditions
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including temporarily or permanently suspending your access to the website, contacting your internet service provider to ask them to block your access to the website, and/or taking legal action against you.
16. Force Majeure
Except for payment obligations hereunder, no delay, failure or omission by either party to perform or observe any of its obligations hereunder shall be deemed a breach of these terms and conditions if and so long as such delay, failure or omission results from a cause beyond such party’s reasonable control.
17. Indemnification
You agree to indemnify, defend and hold us harmless from and against any and all claims, liabilities, damages, losses and expenses related to your breach of these Terms and Conditions and applicable laws, including intellectual property rights and privacy rights. You will promptly reimburse us for any damages, losses, costs and expenses related to or arising from such claims.
18. Waiver
Failure to enforce any of the provisions set forth in these Terms and Conditions and any Agreement, or to exercise any termination option, shall not be construed as a waiver of such provisions and shall not affect the validity of these Terms and Conditions or any Agreement or any portion thereof, or the right thereafter to enforce each provision.
19. Language
These terms and conditions shall be translated exclusively into French. All notices and correspondence shall be drawn up exclusively in this language.
20. Entire agreement
These terms and conditions, together with our privacy statement and cookie policy, constitute the entire agreement between you and Léonard Mariani relating to your use of this website.
21. Updating these terms and conditions
We may update these terms and conditions from time to time. The date shown at the beginning of these terms and conditions is the most recent revision date. We will notify you in writing of any changes or updates, and the revised terms and conditions will become effective on the date we notify you. Your continued use of this website following the posting of changes or updates will be deemed notice of your agreement to follow and be bound by these terms and conditions. To request an earlier version of these terms and conditions, please contact us.
22. Choice of law and jurisdiction
These terms and conditions are governed by the laws of France. Any dispute arising out of or in connection with these terms and conditions shall be subject to the jurisdiction of the courts of France. If any part or provision of these terms and conditions is found by any court or other authority to be invalid and/or unenforceable under applicable law, that part or provision will be modified, deleted and/or enforced to the maximum extent permissible so as to effect the intent of these terms and conditions. The remaining provisions shall remain unaffected.
23. Contact information
This website is owned and operated by Léonard Mariani.
You can contact us regarding these terms and conditions by writing to us or by sending an e-mail to the following address: nissacroisieres@gmail.com
58 B Chemin Gino Niccolaï,
06100 Nice
24. Download
You can also download our general terms and conditions in PDF format.