This website (hereinafter referred to as “the website”) is owned and edited by BIJOUXPRIVES, SAS, a company with a share capital of 156.000 €, registered on the RCS of Paris under the following commercial number 512 987 207, with registered offices at Paris (75002) FRANCE, 10, rue Saint-Augustin, SIREN: 51298720700028, CODE APE: 4791A, VAT registration number: FR82 512 987 207, and represented by its Chairman (hereinafter referred to as “BIJOUXPRIVES").
For any more information, please contact BIJOUXPRIVES at 0800 400 250 (toll free). If you are calling from inland France (or +33 800 400 250 if you are calling from abroad) from Monday to Friday, from 10a.m to 6p.M (French time) excluding French bank holidays.
Hosting Services for this website are provided by Rackspace, 9725 Datapoint Drive, Suite 100, San Antonio, TX 78229, USA - et Rackspace Limited, 5 Millington Road, Hyde Park Hayes, Hayes, Middlesex, UB3 4AZ | Registered Company No: 03897010, represented by its legal Representative
Article 1. Definition
Terms of use: stands for the terms of use of the website BIJOUXPRIVES.COM
Graphic chart: stands for the creations on the Website.
Content: stands for the brands, logos, domain names, graphics, teasers, musical pieces, pictures, videos, software applications, animations, texts, sales descriptions, and all the elements including the products, documents and any other visual or audio data.
User(s): stands for any internet users who entered personal information on the registration form on the Website and who, after receiving a confirmation email, validated their BIJOUXPRIVES.COM account.
Services: stands for all the services offered by BIJOUXPRIVES on their Website.
Website: stands for the BIJOUXPRIVES Website which you can access amongst other ways by going to www.bijouxprives.com.
Article 2. Scope and acceptance of the Terms of Use of the Website
2.1 The Terms of Use apply exclusively between BIJOUXPRIVES and any User wishing to access the Website and/or use the Services provided.
2.2 Any use of the Services by the User automatically entail the application of these Terms of Use. The User agrees to provide accurate information regarding their personal details and any other information necessary to gain access to the Website. The User also agrees to regularly update their personal information in order for it to remain accurate.
Article 3. Services access
Article 3. Services access
The services are accessible through the Website by any User with an Internet access. All the costs related to gain access to the Services are solely the responsibility of the User, whether those costs are material, for software or for Internet access. The User is solely responsible for the proper functioning of their computer equipments and for their Internet access. Some of the Website areas are only available to Users who have an account and their access to those areas will only be granted once they have entered their username and password.
BIJOUXPRIVES reserves the right to deny access to the Services, unilaterally and without prior notice, to any User in violation of these Terms of Use.
BIJOUXPRIVES uses all reasonable means at their disposal to ensure quality access to the Services, but is under no obligation to do so.
Article 4. Suspension of access to Services
BIJOUXPRIVES reserves the right to suspend or amend the access to all or part of the Services without notice, to maintain it or for any other reason. The interruption will not entitle BIJOUXPRIVES to any obligation or compensation.
BIJOUXPRIVES may suspend access to the Services and notify the User of their responsibility to respond immediately if they distribute on the Website any content against the law or public order, including but not limited to, violent contents, pornography, racism, anti-Semitism, xenophobia, as well as content undermining respect for the human person or dignity, invasion of privacy, infringing copyright, neighboring rights, trademark rights, personality rights assigned to a third party. If the User fails to respond, BIJOUXPRIVES can automatically delete the User’s account.
Article 5. Website modification
BIJOUXPRIVES may make improvements or modify information, services, products or any other materials made available on the Website or terminate access to the website at any time without notice.
Article 6. “My account” service description
Every User accessing the Service “My Account” can:
- view, edit, complete their contact details, profile information, password and shipping addresses in compliance with the provisions of the Article 10.
- check the history of their last orders on the website and track the package corresponding to the said orders via the post office website and the carrier website.
- view the history of their sponsorship, along with the vouchers they have.
Article 7. Warranties - Liability
7.1. Warranties
BIJOUXPRIVES is doing its best to make the website available 24 hours a day and 7 days a week, regardless of scheduled maintenance operations, subject to the provisions of this Article.
The access to the website and services is provided on the basis of a service “as is” and is accessible according to its availability.
BIJOUXPRIVES makes no warranty definite or implied, including but not limited to, guarantees as to the quality and consistency of the service for a specific purpose, any fault, error or omission, interruption or delay of the service and respect of the Terms of Use by Users.
This website may contain technical inaccuracies or other errors, therefore the user uses and navigates this website at their own risks.
7.2. Liability limitation
BIJOUXPRIVES undertakes do to its best to ensure operation of its website in the best conditions.
In any event, BIJOUXPRIVES cannot be held responsible in case of a user not complying with these.
BIJOUXPRIVES will not in any case be held responsible for any loss or damages of any nature resulting from accessing or using website or resulting from an interruption or a malfunction of the website, its Content and Services.
BIJOUXPRIVES cannot be held responsible for any malfunction of the network or servers or for any other event beyond the reasonable control, which would prevent or degrade the access to the Services.
Article 8 – Intellectual property - Reproduction of works
8.1 The Website, the Graphic Chart and the Content are protected by French and International rules applicable, accordingly, trademarks, trade of services -- whether or not registered as such – and other trade names or distinctive signs of copyright, neighboring rights, sui generis rights, rights of industrial designs, patents, trade secrets, commercial or other similar rights and are owned by or have been licensed to BIJOUXPRIVES.
« BIJOUPRIVE », « BIJOUXPRIVES », « BIJOUXPRIVES.com », « BIJOU PRIVE » and « BIJOUX PRIVES » are registered trademarks of BIJOUXPRIVES.
8.2 The Users right to use the Website, the Graphic Chart, and the Content is subject to their compliance with the Terms of use and any applicable law or regulation. Any use of the Website, Graphic Chart and Contents for any purpose other than those permitted by the Terms of use may constitute a violation BIJOUXPRIVES’ rights or its licensors rights:
(I) The User can access and post any content and any other element of the Website only for a non-commercial and private use;
(II) The Website and all Contents cannot be copied, reproduced, modified, republished, uploaded, posted, adapted, transmitted, distributed or used in any manner without prior written permission from BIJOUXPRIVES or with a permission by mandatory law applicable;
(III) Decompile, reverse engineer, disassemble or otherwise reduce the code used in any software on the Website readable to examine the structure and/or to copy or create other products based (in whole or part) on this software are prohibited, unless there is a legal mandatory exception applicable (as provided by the Article L. 122-6-1 IV of the Code of Intellectual Property)
(IV) The User shall not use meta tags or any other hidden text containing the name of BIJOUXPRIVES the brand or of companies that are related to BIJOUXPRIVES without its prior and written agreement;
(V) Any User who wishes to place, for their personal use, on their Website, a direct link to the homepage of the Website must obtain a prior written agreement from BIJOUXPRIVES. In no case this agreement may make BIJOUXPRIVES responsible, in any capacity, on the Website or its Content;
(VI) Any hypertext link to the Website by framing or inline linking is strictly prohibited.
(VII) The User shall not use any software, sub-program or device to interfere or attempt to interfere electronically or manually in the operation or functionality of this Website, including by charging or by making available by any means files containing corrupt data or viruses, Trojan horses, logic bombs or other malicious code or malevolent designed to interrupt, suspend, destroy or limit the functionality of any telecommunication equipments;
(VIII) The Users shall not damage, alter or interfere with the “look and feel” of this Website or with the underlying software code;
(IX) The User must not perform any act that would unreasonably or disproportionately overload the Website or any related infrastructure. Furthermore, the User must not obtain or attempt to obtain unauthorized access by any means, to one of the networks of BIJOUXPRIVES;
(X) The User must not engage in commercial activities of any kind without getting a prior written permission from BIJOUXPRIVES. The User must not collect or process and/or store personal data about other Users, appropriate in relation to conduct activities prohibited herein;
(XI) The User should not cover or hide ads on any page of the Website using HTML/CSS, among others, they should also not modify, hack or otherwise alter this Website or any third party website to falsely imply that they are in association with this Website;
(XII) The User shall not in any other way violate the law applicable.
Article 9 – Comments, criticisms, communications and other content
9.1 The User may send to BIJOUXPRIVES reviews, comments or other content, submit suggestions, ideas, questions or any other information as long as the content is not illegal, obscene, abusive, threatening, defamatory, contrary to intellectual property rights or injurious to third parties and as long as it is not or do not contain software viruses, political activism, commercial solicitations, mass mailing, chain emails or any other form of spam. The User shall not use a fake email address or impersonate any other person or entity or misrepresent the origin of content. BIJOUXPRIVES reserves the right at its sole discretion to remove or edit any content.
9.2 If a User send some content, and unless otherwise stipulated, they give to BIJOUXPRIVES, as well as to the companies related to it, the non-exclusive and free right to reproduce, modify, adapt, publish, translate, distribute, sublicense and display such content throughout the world on the Website and on all media for the length authorized by the legal protection in action.
9.3 The User agrees and warrants that they are the owner or right holder of the transmitted content. The User agrees to indemnify BIJOUXPRIVES if there is any action or claim from a third party against BIJOUXPRIVES if that action finds its cause or origin in the content provided by the User.
Article 10 - "Data Protection Act"
In accordance with the “Data Protection Act” law of January, 6 1978, BIJOUXPRIVES made a simplified declaration and a commitment to comply with this declaration, with regards to the simplified norm n°48, to the CNIL on October 12, 2009.
BIJOUXPRIVES agrees not to reveal to third parties the information provided by the users on this Website. The information given is confidential. It will only be used to customize and enhance communication in particular through information letters and emails and as part of customizing the Website based on the Users preferences. The personal data collected by BIJOUXPRIVES when the User placed an order is necessary for the process of the order by BIJOUXPRIVES and its suppliers and may be used, subject to the rights exerted by the person concerned, to inform them of products or services provided by BIJOUXPRIVES and /or by its trading partners.
In accordance with the “Data Protection Act” law n°78-17 of January 6, 1978 modified, the User has the right to access and correct or delete their personal data that are processed by BIJOUXPRIVES, and they have the right to be opposed to the use of these data for direct marketing. By default, these rights are exercised with BIJOUXPRIVES by mail addressed to the Customer service of BIJOUXPRIVES. You will find the exact contact details in the section “contact us” or “customer service on the Website.
For more information, please call the following number: 0800 400 250 (toll free) from inland France (or +33 800 400 250 from abroad) from Monday to Friday from 10am to 6pm (French time).
This article shall not prevent the sale or transfer of activities to a third party. Therefore, in accordance with the Data Protection Act of 6 January 1978, the User can exercise their right of access to the file and their right to modify or delete personal information by sending a request (indicating their email, last name, first name, postal address) by visiting the Website, go to the “contact” section, select “I want to cancel my bijouxprives.com account” or by sending the request to the following address: BIJOUXPRIVES, 10 rue Saint Augustin 75002 Paris, France.
Article 11. Changes of the Terms of Use
BIJOUXPRIVES reserves the right to modify the Terms of Use at any time. We will let you know of any new version by mentioning it on the first page of the Terms of Use (modification date). These changes will be effective immediately upon posting of the amended Terms of Use on the Website. Therefore, with continued access to the Website or continuing to use it, the User accepts the changed Terms of Use.
Article 12. Law and Jurisdiction
These Terms will be enforced and interpreted in accordance with French Law. In case of Dispute, the User will preferably turn to BIJOUXPRIVES for an amicable agreement. Otherwise, Paris French Courts shall have exclusive jurisdiction.
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