Legal information - Terms of use

LEGAL NOTICES

Identification of the publisher and host of the site

The website https://www.1337pharma.com/ is edited by 1337pharma SAS, with a capital of 630000 €, registered in the Paris Register of Companies under the number 442816112, whose head office is located at 11 RUE GEORGE BERNARD SHAW, 75015 PARIS.

Intracommunity VAT number : FR77442816112.

Director of the publication: Antoine Nahmani, President of 1337pharma, can be reached at 01 53 86 86 10 or at contact@1337pharma.com.

The site is hosted by OVH, 2 rue kellermann BP 80157 59053 ROUBAIX Cedex 1. Information regarding the collection and processing of personal data (policy and declaration) is provided in the personal data policy of the site.

TERMS AND CONDITIONS OF USE

Definitions

We will refer to it as follows:

“Site” or “Service” means the https://www.1337pharma.com/ website and all of its pages.
“Publisher”: 1337pharma, legal or physical person responsible for the edition and content of the Site.
“User”: the Internet user visiting and using the Site’s Services.

The present General Terms of Use (hereinafter the “GTU”) are proposed by the Website Editor. The User of the Site is invited to read these GTUs carefully, to print them and/or to save them on a durable medium. The User acknowledges having read the GTU and accepts them in full and without reservation.

Article 1 – Application of the GCU

The purpose of these Terms of Use is to define the conditions of access to the Site by Users. The Editor reserves the right to modify at any time the TOS by publishing a new version of them on the Site. The GCU applicable to the User are those in force on the day of his acceptance.

The Site is freely accessible to all Users. The acquisition of a product or a service, or the creation of a member space, or more generally the navigation on the Site supposes the acceptance, by the User, of the entirety of the present GCU, who recognizes by the same fact to have taken fully knowledge of it.

This acceptance could consist, for example, for the User, in checking the box corresponding to the sentence of acceptance of the present GTU, having for example the mention “I recognize to have read and accepted all the general conditions of the Site”. Checking this box will be deemed to have the same value as a handwritten signature by the User.

The User recognizes the value of proof of the automatic recording systems of the Editor of the present Site and, except for him to bring a contrary proof, he renounces to dispute them in case of litigation.

Acceptance of these GTCs assumes that Users have the necessary legal capacity to do so. If the User is a minor or does not have such legal capacity, he/she declares that he/she has the authorization of a guardian, curator or legal representative.

The Publisher provides the Customer, on its Site, with a privacy policy specifying all the information related to the use of the Customer’s personal data collected by the Publisher and to the rights the Customer has with respect to such personal data. The data privacy policy is part of the TOS. Acceptance of these T&Cs therefore implies acceptance of the data privacy policy.

Article 2 – Legal notice, personal data and purpose of the Site

This Site is edited by 1337pharma. The legal information concerning the host and the Site Editor, in particular the contact details and any capital and registration information, is provided in the legal notice of this Site.

Information regarding the collection and processing of personal data (policy and declaration) is provided in the personal data policy of the Site.

The purpose of this Site is determined as “Online sale of food supplements and cosmetics”.

Article 3 – Member area

The User registered to the Site (member) has the possibility to access it by connecting thanks to his identifiers (e-mail address defined at the time of his registration and password) or possibly by using systems such as third party connection buttons of social networks. The user is fully responsible for the protection of the password he/she has chosen. He is encouraged to use complex passwords. If the User forgets his password, he can generate a new one. This password guarantees the confidentiality of the information contained in the “my account” section and the User is therefore prohibited from transmitting or communicating it to a third party. Otherwise, the Website Editor cannot be held responsible for unauthorized access to a User’s account.

The creation of a personal space is a prerequisite to any order or contribution of the User on this Site. To this end, the User will be asked to provide a certain amount of personal information. He/she agrees to provide accurate information.

The purpose of collecting data is to create a “member account”. If the data contained in the member account section were to disappear following a technical failure or a case of force majeure, the responsibility of the Site and its Editor could not be engaged, this information having no probative value but only an informative character. The pages relating to member accounts can be freely printed by the holder of the account in question, but they do not constitute proof, they are only informative and are intended to ensure efficient management of the service or contributions by the User.

Each User is free to close his account and data on the Site. For this, he must send an e-mail to 1337pharma indicating that he wishes to delete his account. No recovery of its data will then be possible.

The Editor reserves the exclusive right to delete the account of any User who would have contravened the present TOS (in particular, but without this example having any exhaustive character, when the User will have knowingly provided erroneous information, at the time of his registration and of the constitution of his personal space) or any inactive account since at least one year. Such deletion shall not constitute damage to the excluded User, who shall not be entitled to claim any compensation as a result. This exclusion is not exclusive of the possibility, for the Editor, to undertake legal proceedings against the User, when the facts will have justified it.

Article 4 – Access and availability of the Site

The Editor makes its best efforts to make the Site permanently accessible, subject to maintenance operations of the Site or the servers on which it is hosted. In case of impossibility of access to the Site, due to technical problems or of any nature, the User will not be able to claim any damage or compensation.

The Website Editor is only bound by an obligation of means; he cannot be held responsible for any damage resulting from the use of the Internet network such as loss of data, intrusion, virus, break in service, or others.

The User expressly admits using the Site at his own risk and under his exclusive responsibility.

The Site provides the User with information for information purposes, with imperfections, errors, omissions, inaccuracies and other ambivalences that may exist. In any case, 1337pharma can in no way be held responsible:

any direct or indirect damage, in particular with regard to loss of profits, loss of earnings, loss of customers, loss of data, etc., which may result from the use of the Site or, on the contrary, from the impossibility of using it;
a malfunction, unavailability of access, misuse, poor configuration of the User’s computer, or the use of a browser little used by the User.
Article 5 – Hypertext links

The Site may include hypertext links to other sites.

The User therefore acknowledges that the Publisher cannot be held responsible for any damage or loss, proven or alleged, consecutive to or in relation with the use or with the fact of having taken knowledge of the contents, advertisements, products or services available on these external sites or sources. In the same way, the responsibility of the Editor of the present Site could not be committed if the visit, by the User, of one of these sites, caused him a damage.

If, in spite of the efforts of the Editor, one of the hypertext links present on the Site pointed towards a site or an Internet source whose contents were or appeared not in conformity with the requirements of the French law to a User, this one makes a commitment to contact immediately the director of the publication of the Site, whose coordinates appear in the legal mentions of the Site, in order to communicate to him the address of the pages of the third site in question.

Article 6 – Cookies

A “Cookie” can allow the identification of the User of the Site, the personalization of his consultation of the Site and the acceleration of the display of the Site thanks to the recording of a data file on his computer. The Site may use “Cookies” mainly to 1) obtain browsing statistics to improve the User’s experience, and 2) provide access to a member account and content that is not accessible without logging in.

The User acknowledges being informed of this practice and authorizes the Website Editor to use it. The Editor undertakes never to communicate the contents of these “Cookies” to third parties, except in the event of legal requisition.

The User can refuse the registration of “Cookies” or configure his browser to be warned before accepting “Cookies”. To do so, the User will proceed to the parameterization of his browser:

For Internet Explorer: http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies
For Safari: https://support.apple.com/fr-fr/ht1677
For Google Chrome: https://support.google.com/chrome/answer/95647?hl=fr&hlrm=en&safe=on
For Firefox: https://support.mozilla.org/fr/kb/activer-desactiver-cookies
For Opera: http://help.opera.com/Windows/10.20/fr/cookies.html
Article 7 – Intellectual Property Rights

All elements of this Site are owned by the Editor or a third party agent, or are used by the Editor on the Site with the permission of their owner.

Any representation, reproduction or adaptation of the logos, textual, pictographic or video contents, without this enumeration being restrictive, is strictly forbidden and is considered as counterfeiting.

Any User who would be guilty of infringement would be likely to see his access to the site removed without notice or compensation and without this exclusion being able to be constitutive of a damage to him, without reserve of possible later legal proceedings against him, at the initiative of the Editor of the present Site or his agent.

The trademarks and logos contained in the Site are likely to be registered by 1337pharma, or possibly by one of its partners. Any person proceeding to their representations, reproductions, imbrications, diffusions and rebroadcasts incurs the sanctions envisaged in articles L.713-2 and following of the Code of the intellectual property.

Article 8 – Liability

The Editor is not responsible for the publications of the Users, for their contents as well as for their veracity. The Editor can in no way be held responsible for any damage that may occur to the User’s computer system and/or for the loss of data resulting from the use of the Site by the User.

The Editor undertakes to constantly update the content of the Site and to provide Users with accurate, clear, precise and up-to-date information. The Site is in principle accessible at all times, except during technical maintenance operations and content updates. The Editor cannot be held responsible for damages resulting from the unavailability of the Site or parts of it.

The responsibility of the Website Editor cannot be engaged because of a technical unavailability of the connection, whether it is due to a case of absolute necessity, to a maintenance, to an update, to a modification of the Website, to an intervention of the host, to an internal or external strike, to a network failure, or to a power cut.

The Editor cannot be held responsible for the non-operation, impossibility of access or dysfunctions of the Site attributable to an unsuitable equipment, to a bad configuration or use of the computer of the User, to dysfunctions of the services of the access provider of the Users, or to those of the Internet network.

Article 9 – Notifications and Claims

Any notification or notice concerning the present GTU, the legal notice or the personal data charter must be made in writing and sent by registered or certified mail, or by e-mail to the address indicated in the legal notice of the Site, specifying the contact details, name and surname of the notifier, as well as the object of the notice.

Any claim related to the use of the Site, the Services, the Site’s pages on any social networks, or the TOS, the Legal Notice, or the Privacy Policy must be filed within 365 days of the date the claim arose, regardless of any statute or law to the contrary. In the event that such claim has not been filed within 365 days, such claim shall be forever barred at law.

It is possible that the Website and the Services may contain inaccuracies or errors, or information that is inconsistent with the TOS, the Legal Notice or the Privacy Policy. In addition, it is possible that unauthorized modifications are made by third parties on the Site or on related Services (social networks…).

In such a situation, the User has the possibility to contact the Website Editor by post or by e-mail at the addresses indicated in the legal notice of the Website, with if possible a description of the error and the location (URL), as well as sufficient information allowing to contact him.

Article 10 – Independence of clauses

If any provision of the TOU is determined to be unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from the TOU and shall not affect the validity and enforceability of any remaining provisions.

The TOU supersedes all prior or contemporaneous written or oral agreements. They are not assignable, transferable or sublicensable by the User himself.

A printed version of the TOU and all notices given in electronic form may be requested in judicial or administrative proceedings relating to the TOU. The parties agree that all correspondence relating to these TOU must be in the French language.

Article 11 – Applicable Law

The present TOS are governed by and subject to French law.

Except for provisions of public order, all disputes which could arise within the framework of the execution of the present GCU will be able to be subjected to the appreciation of the Editor of the Site before any legal action with a view to a friendly settlement.

It is expressly recalled that requests for amicable settlement do not suspend the time limits for bringing legal actions.

Unless otherwise provided by public policy, any legal action relating to the performance of these TOU shall be subject to the jurisdiction of the courts of the place of residence of the defendant.