Legal Notice

 GENERAL CONDITIONS OF USE AND LEGAL NOTICES

 

These general conditions of use and legal information apply to the websites www.econotes.co and www.econotes.pro, as well as to any person consulting these websites and/or having created a personal user account on the websites accessible at www.econotes.co and www.econotes.pro.

These general conditions of use and legal information apply to the entire site.

Where applicable, and particularly in the context of online product sales, the General Terms and Conditions of Sale will also apply cumulatively.

First, the following definitions are recalled:

- Site: a collection of web pages and resources linked by hyperlinks, defined and accessible by a web address.

- User: refers to any person who accesses and browses the Site either as a simple internet user or as a Client.

  1. Legal notices, Site Publication and Hosting

The website, accessible at www.econotes.co, is owned, published, and operated by:

 

SPHERECO (hereinafter "Econotes"), a S.A.S. with a capital of 10,000 euros, whose registered office is located at 260 rue du Puech Radier, 34970 Lattes (phone number + 33 (0)4.23.32.34.30), Siren number 889 350 948 R.C.S. Montpellier. VAT number FR53889350948.

Hosting

The hosting of the site is provided by Shopify Inc, whose registered office is located at 126 York St. Ottawa, ON K1N 5T5, Canada. Phone number: 1-888-746-7439.

Site creation and development

The company's site was created and developed by Econotes.

  1. Use of the Site

The User undertakes, in the context of using the site, not to engage in acts of any nature whatsoever that would be contrary to the Law, prejudice public order, or the rights of the Professional or third parties. In particular, without this list being exhaustive, the User undertakes, in his use of the site, to comply with the following rules:

-       communicate accurate information during registration and use of the site;

-       not to use a false identity to deceive others;

-       comply with current laws and respect the rights of third parties, as well as these contractual stipulations;

-       use the Sites fairly, exclusively for their professional purpose, and in accordance with legal, regulatory, and customary provisions in force;

-       respect the intellectual property rights related to the content provided by THE PROFESSIONAL and by other Users, as well as the intellectual property rights of third parties;

-       not to disseminate data, information, or content that is defamatory, abusive, obscene, offensive, violent or inciting violence, or of a political, racist, or xenophobic nature, and generally any content that would be contrary to current laws and regulations or public morality;

-       not to use the services provided to send unsolicited bulk messages;

-       not to collect information on third parties, including email addresses, in order to use them for sending commercial solicitations or equivalent, or to integrate them into a referencing service or equivalent, whether free or paid, or to carry out competitive intelligence.

In the event of a breach by a User of one or more of these rules, Econotes reserves the right to unilaterally suspend and/or terminate the registration and delete the disputed content and messages, temporarily or permanently, without any compensation.

  1. Intellectual Property

The Site, their content, and all elements that comprise them are protected by intellectual property law.

Econotes owns or holds the exploitation rights (having regularly acquired them from third parties) of all elements that make up the site, such as trademarks, logos, texts, photographs and images, graphics, video data, sounds and animations, software, source codes, databases.

Econotes is a registered trademark with the INPI, no. 20 4 619 520, on 31/01/2020. Any copying or reproduction will be subject to civil and criminal prosecution.

The User is only authorized to view the site and use its elements for personal and private purposes and for the strict needs of consulting said Sites, to the exclusion of any public viewing or dissemination.

Any reproduction, representation, distribution, or exploitation of any kind whatsoever and by any means whatsoever of any of the aforementioned elements, without the prior written authorization of Econotes, is strictly prohibited and would constitute an act of infringement punishable by the Intellectual Property Code.

The authorization to reproduce granted to the User is only in digital form for the purpose of consulting the site and viewing the pages opened by the User's navigation software.

Paper printing of any element of the site is authorized for private copying purposes, for the exclusive use of the copyist within the meaning of Article L. 122-5-2 of the Intellectual Property Code.

The Econotes site is an intellectual work protected by Intellectual Property Law.

The trademarks, designs, models, photographs, texts, illustrations, logos, animated sequences or not, sound or not, graphics appearing on this site are the exclusive property of Econotes or its subsidiaries.

No right of use may be attributed to any of the intellectual property rights appearing on the site. Econotes reserves the right to prosecute any infringement of its intellectual property rights.

Any use, complete or partial reproduction/representation, adaptation or modification of the Site or any of its elements, of any nature whatsoever, and on any medium

  1. Responsibility

Access to all or part of the site may be interrupted or suspended by Econotes for maintenance and/or corrective actions and difficulties related to electronic communication networks.

Consequently, Econotes cannot be held responsible for interruptions and suspensions of access to the Sites, for errors and bugs, for the presence of viruses, or other computer infections, for fraudulent intrusion by a third party resulting in a modification of the information made available on the Site, as well as for their consequences for the User and more generally for all damages, direct or indirect, whatever their causes, origins, natures or consequences, caused by the access of anyone to the site or the impossibility of accessing it, as well as the use of the site and/or the credit given to any information coming directly or indirectly from it.

The creation of hypertext links to all or part of the site is strictly prohibited without the prior written authorization of Econotes.

Econotes cannot be held responsible for the content, data, products, and various information offered through websites to which hypertext links are made. In particular, Econotes disclaims all responsibility for websites whose data does not comply with current legal and regulatory provisions.

Econotes makes every effort to ensure the reliability, accuracy, and updating of the information provided on its site; nevertheless, all information accessible via its site is provided as is. Econotes gives no guarantee, explicit or implicit, and is not responsible for the accuracy, errors, or omissions contained on its site.

The user is solely responsible for the use of such information.

Econotes cannot be held responsible for any damage, whether direct or indirect, whatever its causes, origins, natures, or consequences, caused by anyone accessing the site or the impossibility of accessing it, as well as the use of the site and/or credit given to any information coming directly or indirectly from it.

The user undertakes not to transmit any information on this site that may entail civil or criminal liability and undertakes not to disclose any illegal, public order-defying, or defamatory information via this site.

External sites linked to the present site by hypertext are not under the control of EcoNotebk, which therefore declines all responsibility for their content. These links to other sites do not, in any case, constitute an endorsement or partnership between the Company and these sites, which are subject to their own terms of use and privacy policies.

  1. Written communications from and on the site

In addition to consulting the various sections of the site, the User has the possibility, on said site, to place orders for products offered for sale by Econotes.

As specified in the applicable General Terms and Conditions of Sale, in the event of an order placed by the User, then considered a Customer, the latter must first have created a customer account using the provided form.

The requested information followed by an asterisk must be filled in, and the User must be of legal age, i.e., 18 years old. Otherwise, no customer account can be created.

The User is responsible for all data, content, and information they have uploaded, as well as any content they have provided. The User acknowledges that Econotes has no prior control over said content and data and that it has no general obligation to monitor User data and content stored and disseminated via the Site.

The User acknowledges that, in the event of a report by another User, Econotes may delete published content that appears contrary to the provisions of this paragraph.

The transmission of any opinion or comment by the User implies, free of charge, the assignment of exploitation rights (including reproduction rights, representation rights, distribution rights, adaptation and translation rights) to Econotes, which may thus publish it in whole or in part on the Site, and also exploit it in whole or in part, on any medium and for any purpose whatsoever.

  1. Modifications to the GCU / applicable law and jurisdictional competence

Econotes may at any time modify the terms of these GCU. These modifications are binding on the User upon their online publication. It is therefore recommended that the User regularly consult the GCU to become aware of these new conditions.

Any non-compliance by the User, regardless of their location, with any of the provisions of these GCU and, more generally, any difficulty relating to their execution, interpretation, or validity, are subject to French law and French courts.

  1. Information on cookies:

As indicated in the Site's cookie management policy, a cookie is a piece of information stored on an internet user's hard drive by the server of the site they visit. It contains several pieces of data: the name of the server that deposited it, a unique numerical identifier, and possibly an expiration date. This information is sometimes stored on the computer in a simple text file that a server accesses to read and save information.

The client is free to choose, during their first connection, whether they wish cookies to be placed on their hard drive.

The client can choose at any time to express and modify their preferences regarding cookies, by the means described below.

The client can configure their internet browser so that cookies are stored or rejected, either systematically or depending on their issuer.

The client is invited to visit their internet browser's website for more information on this subject.

  1. Possible communications

The customer has the right at any time to withdraw their consent to receive marketing communications from Econotes, particularly regarding service emails following an order or Newsletters.