GENERAL TERMS AND CONDITIONS OF USE
Version effective as of 10 September 2020
This translation is a translation of the general terms and conditions from French to English for your convenience. Please note that when using our services, the original terms and conditions apply, and not this translation.
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The use of the www.lilica-textile.com website implies the full and complete acceptance of the general terms and conditions of use (the "GTCU") described below by any Internet user and professional user of the Site (the "User").
Such terms of use may be changed or added to at any time, and therefore users of the Site are asked to review them regularly.
The Site is updated regularly by LILICA TEXTILE.
Similarly, the legal notices can be modified at any time.
The GTCU are binding on the users, who are invited to refer to them as often as possible in order to keep themselves up to date.
The terms and conditions applicable to online sales are defined in more detail in our General Terms and Conditions of Sale (see "General Terms and Conditions of Sale").
1. PURPOSE OF THE SITE
The Site is an e-commerce website which allows the sale of textile prints for fashion, furniture and design to users who have created a client account on the Site.
This Site is accessible via the Internet at the address www.lilica-textile.com.
2. PERSONAL DATA AND COOKIES
LILICA TEXTILE collects personal data within the context of the Site.
The provisions relating to the processing of this data are set out in the GTCS, and the Site's "Privacy Policy concerning Personal Data & Cookies".
3. INTELLECTUAL PROPERTY
The Site may contain confidential information, as well as data protected by intellectual property law.
LILICA TEXTILE owns the intellectual property rights or holds the usage rights of all the elements accessible on the Site, in particular the LILICA TEXTILE brand, texts, images, graphics, logo, and icons.
Any reproduction, modification, publication or adaptation of all or part of the Site, regardless of the means or process used, is strictly prohibited without prior written authorisation from LILICA TEXTILE.
Any unauthorised use of the Site or its contents will be deemed to constitute an infringement, and will be prosecuted in accordance with the provisions of Articles L.335-2 et seq. of the Intellectual Property Code.
Lastly, any creation of links to the LILICA TEXTILE Site, and more generally any use of an element making up the Site, is subject to the prior and express authorisation of LILICA TEXTILE, which may be withdrawn at any time at its sole discretion.
LILICA TEXTILE reserves the right to request the removal of any link to the Site that has not been, or no longer is, authorised, and to claim for damage suffered as a result.
4. OBLIGATION OF THE SITE USER
The User guarantees to be a professional interested in textile prints as part of the User's activity.
The Site User agrees to access the Site using the latest virus free software, and with an up-to-date browser.
The Site User also undertakes not to use or allow the use of the Site in an abusive manner, for illicit, fraudulent or malicious purposes, and in particular. without this being exhaustive:
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by hacking into the Site or by introducing malicious code, including viruses, or harmful data into the Site or any operating system
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by using a spider or any other system, device or program (automated or otherwise) to extract data or information from the Site or LILICA TEXTILE's servers
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by sending or storing material containing viruses, worms, Trojan horses or other harmful code, files, scripts, agents, or computer programs
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by interfering with or undermining the integrity or performance of the Site and the data it contains
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by attempting to gain unauthorised access to the Site, its associated systems or networks
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by attempting to gain unauthorised access to the accounts or personal information of other users
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by collecting information on other users (in particular email addresses) in order to use them for sending commercial solicitations, to integrate them into a referencing service, or for the purposes of carrying out competitive intelligence
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by disseminating data, information or content of a defamatory, abusive, obscene, offensive or violent nature or which may incite violence, or of a political, racist or xenophobic nature, and in general any content that would be contrary to the laws and regulations in force in France
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by infringing the intellectual property rights of LILICA TEXTILE, in particular the LILICA TEXTILE brand in accordance with the aforementioned Article 4 of the GTCU
In the event of an infringement by a User of one of these prohibitions, LILICA TEXTILE reserves the right to suspend use of the Site and/or unilaterally terminate registration on the Site and/or remove any illegal content disseminated by the User.
5. LIMITATION OF LIABILITY
5.1. Information provided
The purpose of the www.lilica-textile.com website is to provide information on all of Akane Kubo's activities, operating under the LILICA TEXTILE brand.
LILICA TEXTILE strives to provide the www.lilica-textile.com website with information that is as accurate as possible.
However, it cannot be held liable for omissions, inaccuracies or deficiencies when updating the same, whether by its own doing or by a third party.
All the information provided on the Site is given as an indication, and is likely to change.
Access to the catalogue of creations offered for sale by LILICA TEXTILE is reserved for professional Internet users who have created a client account on the Site.
5.2. Site accessibility
LILICA TEXTILE will use its best efforts to maintain a reasonable level of operation and availability of the Site.
LILICA TEXTILE reserves the right at any time, without notice, to limit access to the Site and its use by the user in order to carry out maintenance operations or make changes.
LILICA TEXTILE cannot be held liable in the event of access interruption due to maintenance or updating operations.
Subject to the provisions specific to online sales and consumer law, LILICA TEXTILE cannot under any circumstances be held liable towards you or a third party for any direct or indirect damage, whatsoever the cause, origin, nature and consequence, resulting from the consultation or use of the Site.
In particular, LILICA TEXTILE does not guarantee the uninterrupted operation of the Site and declines any liability in the event of interruption or inaccessibility of the Site, the occurrence of bugs or viruses, or any damage resulting from fraudulent acts by third parties (such as intrusion) which has led to a modification of the information made available on our Site or has made access impossible.
Users therefore declare that they accept the characteristics and limitations of the Internet.
5.3. Hypertext links
The Site may include links to other websites or other Internet sources.
LILICA TEXTILE is unable to control these websites and these external sources. It therefore cannot be held liable for the availability of these websites and external sources, and cannot incur any liability for the content, advertising, products, services, or any other information or data available on or from such external websites or sources.
Furthermore, LILICA TEXTILE cannot be held liable for any proven or alleged damage or loss resulting from or in connection with the use of, or the fact of having placed confidence in, the content, goods or services available on these websites or external sources.
6. GENERAL PROVISIONS
6.1. Modifications to the General Terms and Conditions of Use
LILICA TEXTILE reserves the right to modify and update the GTCU without notice.
To be informed of these possible modifications, LILICA TEXTILE recommends that Users check the GTCU on a regular basis.
Use of the Site will be subject to the GTCU in force at the time the User accesses the Site.
6.2. Entirety of the General Terms and Conditions of Use
If any of the provisions of the GTCU is declared null and void in whole or in part by the court in application of a regulation in force, the other provisions and the other rights and obligations arising from these GTCU will remain unchanged and applicable.
6.3. Applicable law and jurisdiction
These GTCU are governed by French law.
Any dispute concerning the application of the GTCU, their interpretation and their execution, will be brought exclusively before the competent court of Paris, notwithstanding multiple defendants or introduction of third parties.
Before bringing an action before the competent court, the Parties undertake to seek an amicable solution to any dispute that may arise from the interpretation or execution of the GTCU.
This jurisdiction clause is general and applies whether it is a principal claim, an ancillary claim, substantive proceedings, or interim proceedings.
For further information, please contact me at +33 (0) 7 82 20 18 85 during business hours from 10 a.m. to 6 p.m., or by email at hello@lilica-textile.com
Version as of 10 September 2020