Terms of sale
### **GENERAL TERMS AND CONDITIONS OF USE OF THE SITE**
**General Terms and Conditions of Use of the Site**
Date: September 2024
Welcome to the website https://www.refletmoderne.com (“Site”).
The Site is owned and operated by AUTEMPLEPOURSOI, a French simplified joint-stock company, registered in the Paris Trade and Companies, with its registered office at 1 BIS ALLEE BEAUSEJOUR - 91220 Brétigny-Sur-Orge.
PLEASE READ THESE GENERAL TERMS AND CONDITIONS OF USE OF THE SITE (“Terms”) CAREFULLY BEFORE USING THE SITE.
These Terms govern your access to and use of the Site, as well as the services available on the Site (“Services”).
When you first access the Site and use the Services, you will be asked to accept these Terms. If you do not wish to be bound by these Terms, you must stop using the Site or the Services.
We reserve the right to modify or update all or part of these Terms at our discretion. We will always post the most recent version of the Terms on the Site and publish the date of the last modification to reflect the update date. We encourage you to review these Terms to stay informed of any changes, as they are binding on you.
Please note that when you visit the Site for the first time after changes have been made to the Terms, you will be asked to accept the modified version of the Terms. If you do not accept the revised version of the Terms, we kindly ask you to stop using the Site.
### **1. Access to the Site, Registration, and Subscription to Services**
**1.1** You must take all necessary steps to access the Site. You can create an account or subscribe to the Services on the Site using an email address and a password (“Credentials”). You are responsible for maintaining the confidentiality and security of your Credentials and accept all risks associated with activities related to them (including activities of people accessing the Site using your Credentials). If you become aware of or suspect any unauthorized use of your Credentials, you must inform us. All information and credentials you provide must be accurate, truthful, and up-to-date at all times.
**1.2** The Services are generally not intended for individuals who have not reached the age of majority in your country or for individuals under guardianship. If you have not reached this age, please do not use the Site, register, or subscribe to the Services. If we learn that you are not of legal age (or that you have fraudulently misrepresented your age during the registration or subscription process), we will cancel your registration or subscription and stop providing the Services to you. We advise parents or guardians of minors or individuals under guardianship using the Site to communicate with them about online safety and the potential risks they may be exposed to in this context.
### **2. Privacy and Cookie Policies**
**2.1** Our privacy policy governs the use and processing of personal data that we collect from you or that you provide to us through the Site. Before downloading or providing personal data on the Site, please read our privacy policy carefully, available at https://www.refletmoderne.com/privacy-policy
**2.2** The Site uses cookies to understand your browsing preferences. If you have allowed the use of cookies, please consult our cookie policy available at https://www.refletmoderne.com/cookie-policy to learn about the type of personal data we may process in this context.
### **3. Use of the Site**
**3.1** By using the Site, you agree not to:
a. provide false or misleading information or impersonate another person;
b. use a third party’s account without the account holder’s permission;
c. use the Site in a way that disrupts, harms, or is likely to harm the operation of the Site, alters its availability or accessibility, or makes the Site less effective;
d. bypass or attempt to bypass the Site’s security measures and alter the technology that makes up the Site;
e. obtain or attempt to obtain information, materials, or documents not intentionally made available through the Site by any means (such as personal, financial, or other confidential or sensitive information);
f. violate any applicable law;
g. use the Site for illegal purposes or in a way that infringes on the rights of third parties;
h. upload, post, or transmit through the Site any content that:
(i) is misleading, harmful, threatening, abusive, harassing, defamatory, offensive, violent, obscene, pornographic, vulgar, slanderous, racist, ethnic, religious, or otherwise inappropriate;
(ii) constitutes unauthorized disclosure of personal data or confidential information;
(iii) infringes the intellectual property rights of any third party;
(iv) contains viruses or any other form of malicious software.
**3.2** We reserve the right to cancel your registration or subscription, and/or block your account, and/or refuse, restrict, suspend, or terminate your access to the Site and the Services at any time, without notice and without liability on our part, if your use of the Site violates any of your obligations under these Terms or any other provision of the Terms, without prejudice to any other remedy available to us under applicable law and the Terms.
### **4. Electronic Services**
Some parts of the Services may be provided through electronic communication channels (e.g., email, SMS, phone). You agree that we may contact you for the Services—and any questions related to the Services—by SMS, email, or other electronic technology and acknowledge that, in some countries, the use of mobile services may incur charges imposed by your mobile network provider and that, where applicable, you will bear these charges.
### **5. Intellectual Property**
**5.1** Our Site and all information and documents on it, including the design, layout, appearance, graphics, organization of the Site’s content, photographs, images, illustrations, text, fonts, videos, music, sound clips, logos, trademarks—registered or not, figurative or not—all other marks, service marks, brand names, trade names, domain names and URLs, and software (“Content”) are our exclusive property or that of our licensors and are protected by applicable copyright, trademark, patent, or any other intellectual property laws worldwide. We reserve all such rights.
**5.2** You are authorized to download and print the Content from the Site for your personal use, but you are not allowed to use this Content for commercial or professional purposes. You must not copy or reproduce (except where the copy or reproduction is made for personal and non-commercial use), publish, disclose, distribute, provide to the public, republish, communicate, display, remove, add to the Site Content, or create derivative works of any Site Content for any purpose, without written authorization from us or our licensors.
**5.3** Any use not expressly authorized by these Terms is prohibited. Unauthorized use of the Site or Content may infringe applicable intellectual property laws or other regulations.
### **6. Content Uploaded by You on the Site**
**6.1** We value your opinions. You acknowledge and agree that any suggestions, proposals, ideas, concepts, photos, text, or any other content and material (excluding personal data) uploaded or sent by you through our Site or by other means (“Uploaded Content”) will be considered non-confidential and non-proprietary. You retain all your ownership rights to the Uploaded Content, but by uploading the Uploaded Content, you grant us a worldwide, irrevocable, free, and non-exclusive license to use, exploit, store, copy, reproduce, modify, publish, distribute, and make available to third parties all or part of the Uploaded Content, in any form and medium, known or unknown today, and for all purposes, including advertising, promotion, product development, and other commercial purposes, for the duration of the protection of the Uploaded Content.
**6.2** Each time you upload content or Uploaded Content to the Site, or when you contact other users of our Site, you must comply with the provisions regarding the use of the Site set out in section 3.1.
**6.3** You are solely responsible for the content or accuracy of any Uploaded Content or any publication made by you.
**6.4** We reserve the right to reject or delete any Uploaded Content or delete any publication made by you on the Site, for any reason, including if such Uploaded Content or publications are likely to violate these Terms and particularly do not comply with the terms of use set out in section 3.1.
### **7. Hyperlinks**
**Links to Third-Party Sites**
**7.1** The Site may contain hyperlinks to sites owned by third parties (“Third-Party Sites”). We have no control over the content of Third-Party Sites and accept no responsibility in this regard.
**7.2** These links are available solely to provide you with additional information, and their availability does not and should not be construed as an endorsement of these Third-Party Sites or their content, products or services, privacy and security practices, or how they operate. If you choose to access Third-Party Sites, you do so at your own risk. Your use of Third-Party Sites is subject to the terms and conditions of use of the third parties who operate and provide them. Any questions or comments related to these Third-Party Sites should be directed to the respective operators.
**Link to Our Site**
**7.3** You are prohibited from publishing any part of the Site or its Content on any other third-party site, or publishing a hyperlink to the Site, one of its pages, and/or Content, without our prior written permission.
### **8. Disclaimer of Liability**
**8.1** The Site, its Content, and the Services are accessible free of charge as-is. Although we make all reasonable efforts to ensure that the Site
is accessible at all times (except during maintenance periods) and secure, we exclude all warranties regarding the Site, its Content, or the Services, to the extent permitted by law. For example, we do not guarantee that the Site will always be available, uninterrupted, or error-free, free from malware (such as viruses, bugs, malware, or similar), or suitable for specific needs, and we expressly disclaim all warranties in this regard.
**8.2** We make our best efforts to ensure that the information made available on the Site is accurate and up-to-date. However, we do not guarantee the accuracy of this information (including concerning the Content) or that this information is free of errors or omissions, and we disclaim all warranties and liability in this regard. We reserve the right to update and/or correct the information, Content, or Site at any time, without notice and without liability on our part.
### **9. Limitation of Liability**
**9.1** We may be held liable for direct losses and damages caused by our failure to fulfill our obligations under these Terms. Subject to the provisions of section 9.3 below, our liability under these Terms shall not exceed, in any event, the price of the product(s) you purchased on the Site.
**9.2** Subject to the mandatory provisions of applicable law, you also agree not to claim any compensation from us, our licensors, service providers, distributors, managers, or directors in any form whatsoever, including but not limited to:
(a) losses and damages not caused by our company’s failure;
(b) indirect losses and damages;
(c) losses and damages related to or resulting from the use of the Site, Services, Content, any link to Third-Party Sites—or the inability to use them—or related to any malfunction, delay in operation and transmission, interruption, error, omission, virus, or failure of the Site;
(d) losses or damages you may incur, including without limitation, due to:
(i) your inability to protect your Credentials;
(ii) the level of credit you give to the accuracy and completeness of the Site, Content, and Submitted Content;
(iii) any modification we may make to the Site, Services, and Content;
(iv) any temporary interruption or permanent cessation of the provision of Services and Content;
(e) a failure on our part to fulfill any of our obligations under these Terms if such failure is due to force majeure.
**9.3** These Terms do not limit or exclude our liability in case of (i) death and injury caused by our negligence; (ii) fraud, fraudulent misrepresentation, and gross negligence; or (iii) any other liability that cannot be limited or excluded under applicable law.
**9.4** As the Services are provided free of charge, you are responsible for the credit you give to the information and Content available on the Site. By using the Site, you assume the risks associated with its use and assume sole risk of any failure that may occur regarding the use, data loss, and associated costs of the Services and the necessary maintenance of any hardware and/or software.
### **10. Indemnification**
Subject to the mandatory provisions of applicable law, you must indemnify us, our subsidiaries and affiliates, as well as their directors, non-executive directors, and employees against any loss, liability, claim, or action, including reasonable attorney’s fees (even in the case of a claim initiated by a third party), which is caused by your violation of these Terms when using the Site and Services, and/or any breach of these Terms and/or any breach of any warranty or representation concerning you under these Terms and/or any damage caused to a third party by the Submitted Content during the transmission of the Services.
### **11. Governing Law and Jurisdiction**
**11.1** These Terms and your access to or use of the Site are governed by French law and interpreted in accordance with this law (without regard to conflict of law provisions).
**11.2** You agree and we agree to submit any dispute relating to these Terms, including their validity, interpretation, violation, or termination, to the competent courts.
### **12. Contact Us**
You can contact us by the following means:
- By mail at the following address: AUTEMPLEPOURSOI, 1 bis ALLEE BEAUSEJOUR - 91220 BRETIGNY-SUR-ORGE, France
- By phone at +33 1 84 95 22 23
- By email at clientservice@refletmoderne.com
You can also consult the “Customer Service” page on the Site to send us a message to which we will respond by email.