Terms of Use

LE JARDIN RETROUVE

FRENCH WEBSITE

TERMS OF USE

EFFECTIVE DATE: April 15, 2018

GENERATION 3 SAS

7 Rue Fourcroy

75017 Paris

Simplified joint stock company (SAS)

RCS number: 821 148 186 RCS PARIS

VAT number: FR75 821 148 186

Customer Service email: contact@lejardinretrouve.com

Telephone: +33 9 54 19 80 39 (Monday to Saturday, from 2 p.m. to 7 p.m., Paris time)

Publishing Director: Michel Gutsatz


GENERATION 3 SAS (“LE JARDIN RETROUVE”, “we”, “our/ours”) provides you with the content and services available on the LE JARDIN RETROUVE website, at [www.lejardinretrouve.com](https://www.lejardinretrouve.com) (the “Site”), subject to the following general terms and conditions, our Privacy Policy, our General Terms and Conditions of Sale, and other terms, provisions and policies that you may find on our Site in connection with certain features, functionalities or promotions as well as via Customer Service, all of which are deemed to form part of and be included in these general terms and conditions (collectively, the “Terms and Conditions”).

You must be 18 years old or of legal age in your jurisdiction to make a purchase on our Site. If you are under 18 or under the age of majority in your jurisdiction, you may not make a purchase on our Site. By ticking the corresponding boxes during the order process or when registering an account on the Site, you acknowledge that you have read, understood and accepted, without limitation or reservation, to be bound by these Terms and Conditions. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS, YOU MAY NOT USE OUR SITE.

1. PRIVACY

Please refer to our Privacy Policy governing your access to and use of the Site so that you may understand our practices regarding the protection of privacy.

2. PRODUCTS AND SERVICES FOR PERSONAL USE ONLY

The products and services available on the Site, as well as any samples we may provide, are for personal use only. You may not sell or resell any of the products or services, or any samples of them, that you purchase from or receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be fulfilled or products or services to be provided to you that we believe, in our sole discretion, may result in a violation of our Terms and Conditions.

3. POLICIES AND PROCEDURES RELATED TO PURCHASES

To review the policies and procedures relating to orders placed through this Site (such as order processing, shipping, returns and exchanges), please refer to our General Terms and Conditions of Sale.

4. ACCURACY OF INFORMATION

We try to be as accurate as possible when describing our products on the Site; however, to the extent permitted by applicable law, we do not warrant that the descriptions, colors, information or other content available on the Site are accurate, complete, reliable, current or error-free.

This Site may contain typographical errors or inaccuracies and may not be complete or up to date. We therefore reserve the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice.

5. INTELLECTUAL PROPERTY

All information and content available on the Site and its overall look and feel, including but not limited to trademarks, logos, service marks, features, functions, text, graphics, photographs, button icons, images, audio clips, data compilations and software, as well as the compilation and arrangement of all these elements (collectively, the “Content”) are the property of GENERATION 3 SAS and are protected by French and international laws, including laws governing copyrights and trademarks. Our trademarks and trade dress may not be used in any manner for any purpose without our express written consent.

Except for the limited licenses set out in Section 6 below, or as permitted under applicable law, neither the Content nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified or otherwise exploited, in whole or in part, for any purpose, without our express written consent.

6. LIMITED LICENSES; USE RESTRICTIONS

We grant you a limited, revocable, non-transferable and non-exclusive license to access and make personal use of the Site. You understand and agree that you will not do or attempt to do, or cause any third party to do or attempt to do, any of the following in connection with your use of the Site:

1) Frame or use framing techniques to enclose the Site or any portion of it.

2) Use any META tags, “hidden text”, robots, search engines, spiders or other tools, whether manual or automated, to collect, scrape, index, mine, republish, redistribute, transmit, sell, license or download the Site, the Content (except caching or as necessary to view the Site), or the personal information of third parties without our prior written consent or authorization.

3) Use the Site or any Content in any way other than for personal use.

4) Modify, reverse engineer or create derivative works based on the Site or any Content.

5) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity.

6) “Stalk” or otherwise harass, including advocating the harassment of another, trapping or harming any third party, including harming minors in any way.

7) Intentionally violate any applicable local, state, national or international law.

8) Transmit, upload, post, email, share, distribute, reproduce or otherwise make available any software virus, malware, program, code, file or other material intended to interrupt, disrupt, alter, destroy or limit any part of the Site; and/or.

9) Engage in or perform any unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings or any form of “spam”.

We also grant you a limited, revocable, non-transferable and non-exclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site (i) may link to, but not replicate, any and/or all of our Content; (ii) must not imply that we endorse such website or its services or products; (iii) must not misrepresent its relationship with us; (iv) must not contain content that could be construed as unpleasant, obscene, offensive, controversial or illegal, or otherwise inappropriate for any age (as determined by us in our sole discretion); (v) must not present us or our products or services in a false, misleading, derogatory, otherwise offensive or objectionable manner, or associate us with undesirable products, services or opinions; and/or (vi) must not link to any page of the Site other than the home page. We may, in our sole discretion, ask you to remove any link to the Site and, upon receipt of such request, you shall immediately remove such link and cease linking, unless we expressly authorize you in writing to resume linking.

Any unauthorized use of the Site or any and/or all of our Content by you automatically terminates the limited licenses set forth in this Section 6 without prejudice to any other remedies provided by applicable law or these Terms and Conditions.

7. YOUR OBLIGATIONS AND RESPONSIBILITIES

You agree to comply with these Terms and Conditions and all warnings or instructions posted on the Site. You agree that when accessing or using the Site or any Content, you will act in accordance with law, custom and in good faith. You may not make any change or alteration to the Site or any Content or service that may appear on this Site and you must not in any way impair the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, you shall be liable for all losses and damages we may suffer as a result of your negligent or willful failure to comply with any of the obligations set forth in these Terms and Conditions.

8. YOUR ACCOUNT

Subject to the age restrictions described above, you may view and use many features of the Site without registering, including making purchases, but to access and use certain parts of the Site, you may need to create an account with us by providing the required information on the online form. You must be 18 years of age or the age of majority in your jurisdiction to create an account on our Site. If you are over 18 and create an account on our Site, you will receive by email an ID and password associated with your account.

You are responsible for ensuring that the personal information you are required to provide when registering is true, accurate and up to date in all respects. Please refer to our Privacy Policy regarding the processing of your personal data. You are responsible for ensuring that the personal information you provide to us is current. If your personal information changes, please notify us immediately by contacting our Customer Service at +33 9 54 19 80 39, Monday to Saturday from 2 p.m. to 7 p.m., Paris time, or by email at contact@lejardinretrouve.com. You may also update your information via the “My Account” page. Please note that support is only available in English and French.

The ID and password you choose, once accepted by us, are identification elements authorizing access to and use of certain sections, features, pages and certain content or services of the Site. These elements are strictly PERSONAL and NON-TRANSFERABLE, except as described below. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. In the event of any unauthorized use of your password or account, please notify us immediately. You are responsible for providing and maintaining current, complete, accurate and truthful information on your account. You agree to accept responsibility for all activities that occur with your permission or authorization on your account, with your username and/or password, or because you do not maintain sufficient security over your account, username and/or password. If you access and use the Site on behalf of someone else, you represent that you have the authority to bind that person as principal to all of the Terms and Conditions set forth herein, and to the extent that you do not have such authority, you agree to be bound by these Terms and Conditions and to accept responsibility for any harm caused by any misuse of the Site or the Content resulting from such access or use. You may cancel your online account with us at any time. To the extent permitted by applicable law, we reserve the right to refuse service and/or terminate accounts without notice if these Terms and Conditions are violated or if we decide that it would be in our best interest to do so.

9. THIRD-PARTY LINKS

We are not responsible for the content of third-party sites, even if they link to or from the Site. Links appearing on the Site are provided for information purposes only and do not constitute an endorsement by us, our parent companies, subsidiaries, affiliates or partners of the content, products, services or provider referenced. Your use of and access to such third-party websites is at your own risk. We are in no way responsible for reviewing or evaluating, and we do not warrant, the offerings of third-party websites or any other websites linked to or from the Site. We assume no responsibility for the actions, content, products or services of such sites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the privacy policies and terms and conditions of any third-party websites you visit.

10. SPECIAL FEATURES, FUNCTIONALITIES AND EVENTS

The Site may offer certain special features and events (such as contests, sweepstakes or other offers) which may (a) be subject to terms of use, rules and/or policies in addition to or in place of these Terms and Conditions; and (b) be offered by us or by third parties. If so, we will inform you, and if you choose to take advantage of such offers, you agree that your use of them will be subject to such additional or separate terms of use, rules and/or policies.

11. USER CONTENT

It is our policy to refuse unsolicited suggestions and ideas. Notwithstanding our policy regarding unsolicited suggestions and ideas and subject to the terms of our Privacy Policy, when you submit, upload, post, email, share, distribute, reproduce or otherwise make suggestions, ideas, surveys, feedback, data, text, software, music, sound, photographs, personal information such as your username/screen name, graphics, images, videos, messages or other materials (“User Content”) in any way on the Site (including via the “Contact Us” form), you are entirely responsible for such User Content. You hereby grant us a perpetual, worldwide, transferable, sublicensable, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify and exploit such User Content worldwide, in any media now known or hereafter developed, for any purpose, including, without limitation, the development, manufacture, distribution and marketing of products.

You represent and warrant that you own or control the rights to your User Content. You agree not to engage in, assist or encourage others to transmit, upload, post, email, share, distribute, reproduce or otherwise make available any User Content that (a) is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, racist, ethnically or otherwise objectionable; (b) you do not have the right to make available under any law or under contractual or fiduciary relationships; (c) you know or have reason to believe is false, fraudulent, inaccurate or misleading; (d) you have been compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary right of any party.

We are under no obligation to review or evaluate User Content and, to the fullest extent permitted by applicable law, we disclaim all liability for User Content. We do not control User Content transmitted or posted on the Site by you or others and therefore we do not guarantee the accuracy, integrity or quality of User Content transmitted or posted on the Site by you or others. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. In no event shall we be liable for any User Content, including, but not limited to, any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content transmitted, uploaded, posted, emailed or otherwise made available via the Site.

You acknowledge that we have the right, in our sole discretion, to refuse to post or to remove any User Content, and we reserve the right to edit, modify, condense or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or that is otherwise objectionable, and we reserve the right to refuse service and/or terminate accounts without notice for any user who violates these Terms and Conditions or infringes the rights of others.

12. NOTICE OF COPYRIGHT INFRINGEMENT

We respect the intellectual property of others. If you believe that any copyrighted material has been copied in a manner that constitutes copyright infringement, please email or send a written notice to our designated agent with the following information: (i) identification of the copyrighted work(s) that you claim has been infringed, with confirmation that you are the copyright owner or authorized to act on behalf of the copyright owner; (ii) a description of the material that you claim is infringing and its location on the Site; (iii) your address, telephone number and email address.

13. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

THE SITE, ITS CONTENT AND SERVICES ARE PROVIDED “AS IS”. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THESE TERMS AND CONDITIONS OR THE SITE OR THE CONTENT, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.

YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE) FOR THE FOLLOWING: (a) BUSINESS INTERRUPTION; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) NON-DELIVERY, LOSS, THEFT, DELAYS, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION OF DATA TO THE EXTENT PERMITTED BY APPLICABLE LAW; (d) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS THAT MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING THROUGH HYPERLINKS TO OR FROM THIRD-PARTY WEBSITES; (f) ANY INACCURACIES OR OMISSIONS IN THE CONTENT; OR (g) EVENTS BEYOND OUR REASONABLE CONTROL. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED.

FURTHER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR YOUR USE THEREOF, (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED EUROS (€100).

IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE SITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION OR LIABILITY TO YOU.

14. INDEMNIFICATION

You agree to defend, indemnify and hold us harmless, as well as our partners, licensors, officers, directors, employees and agents (the “Indemnified Parties”), from and against any loss, damage or expense, including reasonable attorneys’ fees, arising out of any claim, action or demand brought by a third party resulting from (i) your use of the Sites or Site Content in violation of any law, rule, regulation or these Terms and Conditions, or (ii) any portion of your User Content. You also agree to indemnify the Indemnified Parties for any loss, damage or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers or similar data-gathering and extraction tools that impose an unreasonable burden or load on our infrastructure.

15. DISPUTES

With respect to any dispute, claim or controversy relating to the Site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by French law, as if the Terms and Conditions were a contract wholly entered into and wholly performed in France.

If you have a complaint regarding your online purchase, you may contact us at contact@lejardinretrouve.com.

Pursuant to EU Regulation No. 524/2013 on online dispute resolution for consumer disputes, if you reside in the EU, you may, at your discretion, refer disputes to the European Commission’s online dispute resolution platform available at: https://webgate.ec.europa.eu/odr /main/index.cfm?event=main.home.chooseLanguage.

Likewise, and in application of Articles L.611-1 to L.611-3 of the French Consumer Code, an EU customer who has placed an order has the right (but is not obliged) to refer disputes relating to the sale of products to the following alternative dispute resolution entity, free of charge:

ANM (Association Nationale de la Médiation)

62, Rue Tiquetonne

PARIS

Telephone: 01 42 33 81 03

Website: http://www.anm-mediation.com/

16. CONSENT TO RECEIVE NOTICES ELECTRONICALLY BY POSTING ON THE SITE AND BY EMAIL

You consent to receive all agreements, notices, disclosures and other communications (collectively, “Notices”) related to these Terms and Conditions from us electronically, including but not limited to by email or by posting notices on this Site. These messages do not constitute direct marketing or commercial messages. You agree that all Notices we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must inform us of such withdrawal by emailing us at contact@lejardinretrouve.com and cease using this Site. In such event, all rights granted to you under these Terms and Conditions, including but not limited to those in Section 6 above, will automatically terminate. Unfortunately, we cannot provide the benefits of this Site to a user who does not consent to receive Notices electronically.

Please note that this consent to receive Notices is entirely separate from any choices you may make regarding the receipt of marketing communications. Your options regarding marketing communications are set out in our Privacy Policy.

17. GENERAL PROVISIONS

You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the Site and supersede and govern all prior proposals, agreements or other communications.

We reserve the right (to the extent permitted by applicable law) to modify these Terms and Conditions at any time by posting the changes on the Site and providing notice of such change. Any modification will be effective immediately upon posting on the Site. The effective date of the current version of the Terms and Conditions is shown at the top of this page. Your continued use of the Site thereafter constitutes your agreement to all modified Terms and Conditions. We may, with or without notice, terminate any rights granted under these Terms and Conditions. You must immediately comply with any termination or other notice, including, where applicable, by ceasing all use of the Site. We also reserve the right (to the extent permitted by applicable law) at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof).

Nothing in these Terms and Conditions shall be construed as creating an agency, partnership or other form of joint enterprise between us. Our failure to require performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions is unenforceable or invalid under applicable law or is held to be such by an applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole, but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to reflect as closely as possible the original intent of the parties as reflected in the original provision. The headings in these Terms and Conditions are for convenience only and shall not be used in their interpretation.

If you have any questions regarding these Terms and Conditions, please email us at contact@lejardinretrouve.com.

Copyright © GENERATION 3 SAS All rights reserved worldwide.