T.o.U. OF THE SITE

www.maxims-shop.com

The present website www.maxims-shop.com is published by Maxim's SAPP, SARL with a capital of 1 604 800,00 €, whose registered office is located at MAXIM'S SAPP, 14 rue Albert Einstein, CS 9998, 76 150 Saint Jean du Cardonnay, and whose contact details are

- Telephone: +33 2 35 59 34 37

Access to the Site, its consultation and its use are subject to the unreserved acceptance of these general conditions of use.

By browsing the Site, you acknowledge you have read and fully and unreservedly accepted these general conditions of use.

MAXIM'S SHOP draws your attention to the importance of reading them carefully.

Article 1. Subject 

These general terms and conditions of use ("Terms of Use") govern the use of the Site by any user, natural person, who is at least 18 years old ("You"). They aim to define the conditions under which you can access and browse the Site and create a customer account.

Article 2. Site

The Site is open to any Internet user who meets the conditions set out in the article "Purpose" above, provided that he or she has an Internet connection.

The site allows you to :

- Fill in a contact form, giving your name, your e-mail address and, if you wish, a message, in order to be contacted by MAXIM'S SHOP;

- Subscribe to the MAXIM'S SHOP newsletter, in order to receive information about the news, activities and commercial offers of MAXIM'S SHOP;

- Create a customer account, according to the conditions mentioned in the article "Creation of a customer account" below;

-Order MAXIM'S SHOP products, after having created your customer account.

Article 3. Customer account

1- General rules

To access the Site, you must have access to the Internet, the cost of which is at your expense, and acknowledge that :

- The reliability of transmissions is uncertain due, in particular, to the heterogeneous nature of the infrastructures and networks on which they circulate;

- It is your responsibility to take any measure you deem appropriate to ensure the security of your connection terminal;

Any connection terminal connected to the Site is and remains under your entire responsibility, and MAXIM'S SHOP cannot be held liable for any direct or indirect damage that may arise from your connection to the Site.

2- Creation

To be able to order products offered for sale on the Site, you must create a Customer Account.

To create your Customer Account, you must fill in a registration form and provide certain personal data which are essential for the creation of this account, namely

- Your title ;

- Your first and last names;

- A valid contact email address;

The password of your choice.

By proceeding to the creation of your Customer Account, you certify that you are a natural person over 18 years of age, with the necessary legal capacity and acting outside any professional activity.

Furthermore, you undertake to provide accurate, complete and up-to-date information.

After the creation of your Customer Account, you will receive an email confirming its creation and listing the data you have provided.

As your password is strictly personal and confidential, it is your responsibility to keep it safe and not to communicate it to anyone. Since you are solely responsible for the safekeeping and use of your password, you are the only one responsible for all the consequences of any use by you or by a third party, whether fraudulent or not, of your Customer Account and you undertake to inform MAXIM'S SHOP as soon as possible of any fraudulent use of which you are aware.

3 - How it works

Each time you connect to your Customer Account, you acknowledge that entering your email address and your password in succession is equivalent to identification on your part. 

Your Customer Account allows you to :

- Consult and update the details provided when creating your Customer Account: title, surname, first name, email and password;

- Consult, update and delete a postal address;

- Subscribe to the MAXIM'S SHOP newsletter;

- Consult the history and details of all your orders placed on the Site since the creation of your Customer Account.

To enable your Customer Account to function properly, you undertake to keep the personal information it contains up to date.

4 - Deletion

You may at any time request the deletion of your Client Account without having to give any particular justification, by sending MAXIM'S SHOP a written request to this effect by post or email, to the address indicated in the preamble. 

The deletion of your Client Account will be carried out by MAXIM'S SHOP as soon as possible following receipt of your written request to this effect.

You are informed that MAXIM'S SHOP may also be led to delete a Client Account which does not have an order in progress in application of the regulations relating to the protection of personal data.

Article 4. Responsibility of MAXIM'S SHOP

MAXIM'S SHOP undertakes to make its best efforts to ensure access, security and the proper functioning of the Site.

This being the case, by browsing the Site, you acknowledge that you are aware of the characteristics and limits of the Internet network, in particular its technical performance, the response times for consulting, querying or transferring data and the risks linked to the security of communications.

Despite the care and efforts it puts into its Site, MAXIM'S SHOP does not guarantee that the Site will be free of anomalies or errors, that these can be corrected, that the Site will function without interruption or breakdown, that malfunctions attributable to third-party software, whether or not these are incorporated into the Site or supplied with it, will occur, or that the Site is compatible with the nature or configuration of your connection terminal.

You acknowledge that you are solely responsible for the use that you make of the Site and that MAXIM'S SHOP declines all responsibility in the event of

- Inconveniences or damage inherent in the use of the Internet network, in particular in the event of suspension or interruption of access to the Site because of a disaster, problem on the line, break in service, power cut, external intrusion, presence of computer viruses or corrupted files, maintenance or updating of the Site, violation of data on the Site or unauthorized access;

- Damage of any kind, whether foreseeable or unforeseeable (including loss of data, profits, turnover, business, opportunity, savings, profits, etc.) arising from the use of, or inability to access, all or part of the Site or from your use of the Site in breach of these Terms of Use.

Article 5. Your responsibility

By accessing the Site, you agree not to 

- Collecting in any way whatsoever information on other visitors to the Site, without their express, prior and written agreement;

- Disrupting or attempting to disrupt the operation of the Site, disseminating viruses or any other technologies likely to harm MAXIM'S SHOP and the other visitors to the Site, creating saturation, flooding the server, attempting to probe, scan or test the vulnerability of a system or network, or infringing the security or authentication measures without having received the express, prior and written agreement of MAXIM'S SHOP;

- Use robots, spiders or scrapers or any other automatic process to access the Site, for any reason whatsoever;

Transfer your Customer Account to a third party without the express, prior and written agreement of MAXIM'S SHOP.

Article 6. Intellectual property rights

All the intellectual property rights relating to both the structure and the content of the Site, and in particular the graphic, textual or visual elements, the images, sounds, videos, photographs, logos, trademarks, distinctive signs, tools, software, documents and data (hereinafter referred to together as "the Elements") are the exclusive property of MAXIM'S SHOP or, where applicable, of its partners and have, in this case, been the subject of express prior authorization for reproduction and representation on the part of the holder of the rights.

These Elements are made available to you free of charge, for the sole purpose of using the Site and within the framework of normal use of its functions.

When accessing and using the Site, you undertake to respect the intellectual property rights of MAXIM'S SHOP and its partners, on pain of engaging your personal responsibility and exposing yourself to civil and/or criminal proceedings.

You are prohibited from reproducing, representing, publishing, transmitting, modifying, using, adapting, translating, disseminating, transferring, exploiting or extracting, for commercial or non-commercial purposes, all or part of the Elements, in any way whatsoever, without the express, prior and written agreement of MAXIM'S SHOP.

As an exception to the preceding paragraph, you are authorized to download a copy of certain parts of the Site onto a personal computer and/or to make a printout, exclusively for your personal and non-commercial use and on condition that you do not make any changes to the copied Elements.

Article 7. Hypertext links

Hypertext links from the Site

The Site may contain hypertext links to websites operated by third parties. These links are provided for information purposes only. MAXIM'S SHOP has no control over these Internet sites and declines all responsibility for access, content or use of these sites, as well as for any damage that may result from consulting the information contained therein, the decision to activate these hypertext links being your exclusive responsibility.

Hypertext links to the Site

No hypertext link may be created to the Site without the express, prior and written consent of MAXIM'S SHOP.

If you intend to create a hypertext link to the Site, whatever the medium, you must first contact MAXIM'S SHOP in order to obtain its express, prior and written agreement by sending it an e-mail.

Article 8.  Applicable law - Jurisdiction

The present Terms of Use are subject to French law.

You are informed that in the event of a dispute, you may have recourse to consumer mediation under the conditions set out in our general conditions.

In the event of a dispute arising from the application of these Conditions of Use and which is not amicably resolved with MAXIM'S SHOP, the French courts have exclusive jurisdiction in application of the rules published by the French Code of Civil Procedure.

Article 9. Violation of the Terms of Use

In the event that Maxim's Shop establishes that you have violated any of the provisions of the present Terms of Use, the legal provisions in force or the rights of third parties, and after written notification to bring you into compliance which has remained unsuccessful for more than eight days, except for a serious reason justifying the absence of notice or the application of a shorter notice period, Maxim's Shop reserves the right to restrict, suspend or prohibit, temporarily or permanently, your access to the Site and to your Customer Account. 

Article 10. Modification of the site and the ToU

MAXIM'S reserves the right, at any time and without prior notice, to modify the rules of operation of the Site, to modify or delete all or part of its content as well as to interrupt, temporarily or definitively, its accessibility, in particular in order to carry out any operation of correction, maintenance or updating.

MAXIM'S SHOP reserves the right, at any time and without prior notice, to modify the content of these Conditions of Use, the modifications thus made being applicable as soon as they are put on line on the Site. Consequently, you are invited to consult these Conditions of Use regularly.

Article 11. Right of assignment

MAXIM'S SHOP reserves the right to transfer to third parties, in whole or in part, the rights and obligations arising from the present Conditions of Use, provided that they are transferred under the same terms or, at least, under terms that are not less advantageous for you.

Article 12. various provisions

If any one of the stipulations of the present Conditions of Use were to be declared null and void or inapplicable in application of a law, a regulation or following a court decision that has become final, it would be deemed unwritten and the other stipulations would remain in force.

The fact that MAXIM'S SHOP does not avail itself, at one time or another, of one of the stipulations of the Conditions of Use may not be interpreted as a waiver of the right to avail itself of it.