Term of Use - FR

Terms of Use for “Sharphome.eu”  

 

  1. Subject matter of the contract  

  1. These general terms of use (“Terms of Use”) contain general regulations for the use of the website provided by VESTEL FRANCE  S.A.S.U. (”Sharp Home”), which is accessible at www.sharphome.eu (”Site”). These Terms of Use shall only apply where the user of the Site choses France as the relevant market/location on the relevant section of the Site (“Territory”).  

  1. The information available on the Site are intended to provide the users with general information about Sharp Home products, which are being produced by Sharp Home and can be purchased from resellers / retailer of Sharp Home products (together ”Sharp Home Products”). The availability and features of Sharp Home Products such as colours, technical features as well as guarantee or warranty conditions applicable to Sharp Home Products purchased from resellers may vary depending on the place of residence or location of the user/or Sharp Home Products reseller, from which the user purchases the Sharp Home Products, or depending on the applicable law and/or the terms and conditions of sale applicable to such sale transaction. Sharp Home does not offer any products to sale via the Site and does not assume any warranty or guarantee or similar obligation or liability towards the user of the Site, except where the Site explicitly provides for otherwise.   

  1. Details of the information and services to be provided by Sharp Home via the Site, the individual contractual relationships and the applicable contractual terms are contained in the following provisions.  

  1. Further information on the processing of personal data can be found in the privacy policy linked in the footer of the website.  

  1. Acceptance of these Terms of Use and use of the Site  

  1. By using the Site, the user confirms that, save for section 3 which only applies to users who register and open a User Account (“User Account”) on the Site, it accepts these Terms of Use and that it agrees to comply with them.  

  1. If the user does not agree to these terms, it must not use the Site. 

  1. Access to the Site is provided on a temporary basis and Sharp Home reserves the right to withdraw or suspend access at any time as set out below.  

  1. Additional Provisions for User accounts 

  1. Registration and Use of User Account Functions 

  1. The prerequisite for using the User Account functions of the Site is the prior registration of a User Account. By registering on the Site, the user confirms that it also accepts the additional requirements set forth in this section 3 of the Terms of Use, and that it agrees to comply with them.  

  1. In addition to providing general information about Sharp Home Products, the Site also offers registered users who open a User Account the opportunity to register their Sharp Home Products which they have purchased through Sharp Home Products resellers within the Territory in order to benefit from (any) advantages of registering their Sharp Home Products on the Site as well as save and view the details of their Sharp Home Products in the future.  

  1. Natural persons are only authorised to register if they are acting in their own name and on their own account and have reached the age of majority. Depending on the top-level domain, we may use various identification methods to verify age of users. 

  1. When registering a User Account, the user must provide its full name, postal address, date of birth, a phone number and an e-mail address and choose a password (“Registration Data”). The User warrants that the information provided upon registration is true and complete. If a user provides incorrect or incomplete information, Sharp Home is entitled to cancel and delete the User Account without notice. Multiple registrations of a customer are not permitted. 

  1. After submitting the registration information, the Site sends an automatic confirmation e-mail to the e-mail address provided by the user for the verification of the e-mail address. Once the user verifies the e-mail address, the registration on the Site will be completed. The user can log in to the Site, change account credentials and log out of the Site by using the provided e-mail address and chosen password.  

  1. In particular, the user is obliged during the term of its User Account; 

  1. to provide the information required for registration in accordance with section 3.1.5 correctly and to keep it constantly up-to-date. Any changes to the information must be communicated to Sharp Home immediately; 

  1. to maintain the confidentiality and security of the login data and not to disclose it to third parties. 

  1. Unless explicitly stated by Sharp Home otherwise on the Site or in these Terms of Use, the use of the Site as a registered user does not grant any rights or claims to the user against Sharp Home, including from any warranty, guarantee or similar rights in connection with the Sharp Home Products.  

  1. Blocking and terminating User Accounts 

  1. Sharp Home is authorised to temporarily or permanently block the User Account after setting a reasonable deadline if the user violates these Terms of Use. 

  1. In the event of repeated and/or serious offences by the user, Sharp Home is entitled to block the User Account without prior notice. 

  1. When the User Account is closed, the access to the Site and its functionalities and services provided there for the user is cancelled. 

  1. Use of the Site, Obligations of the User and Blocking  

  1. The user may use the Site only for lawful purposes and is prohibited from using the Site especially for the following purposes and in the following ways:  

  1. in a manner that violates any applicable local, national or international laws or regulations, 

  1. in a manner, for a purpose or with a consequence that is unlawful,  

  1. for the purpose of harming or attempting to harm minors in any way,  

  1. to harass, insult, intimidate or humiliate a person,  

  1. to send, knowingly receive, upload, download, use or reuse material that does not comply with Sharp Home's content standards,  

  1. send or cause to be sent any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam),  

  1. knowingly transmit data, send or upload material that contains viruses, trojan horses, worms, time bombs, keystroke loggers, spyware, adware or other harmful programs or similar computer code designed to adversely affect the operation of computer software or hardware.  

  1. By using the Site, the user also agrees:  

  1. not to reproduce, duplicate, copy or re-sell any part of the Site in contravention of the provisions of these Terms of Use.  

  1. not to access without authority, interfere with, damage or disrupt: 

  1. any part of the Site; 

  1. any equipment or network on which the Site is stored; 

  1. any software used in the provision of the Site; or 

  1. any equipment or network or software owned or used by any third party.  

  1. Availability and Security 

The Site is made available free of charge on a temporary basis. Sharp Home endeavours to provide the Site and the functionalities and services provided with as little interruption as possible. Availability depends on Sharp Home's technical and operational capabilities. Care and maintenance work may lead to a temporary outage. Such an outage due to care and maintenance services shall not be deemed an interference of availability. Sharp Home endeavours to give reasonable announcement of any unavailability of the Site and/or individual functionalities and services.  

  1. Sharp Home does not guarantee that the Site, or any content on it, will always be available or be uninterrupted. Sharp Home may suspend, withdraw or restrict the availability of all or any part of the Site for business and operational reasons. Sharp Home will try to give the user reasonable notice  of any suspension or withdrawal and enable the user to save its registered user data (c.f. section 4 above) before discontinuing the operation of the Site. 

  1. Sharp Home does not guarantee that the Site will be secure or free from bugs or viruses. 

  1. The user is responsible for configuring the information technology, computer programmes and platform used to access the Site. The user should use its own virus protection software. 

  1. The user must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. The user must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. The user must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. Sharp Home will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing the user’s identity to them. In the event of such a breach, the user’s right to use the Site and Sharp Home services will cease immediately. 

  1. Use of material on the Site 

  1. Sharp Home is the owner or licensee of, or has right to use of all intellectual property rights on the Site and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. 

  1. The user is not permitted to copy or download extracts of any page(s) from the Site. 

  1. The user must not modify the paper or digital copies of any materials it has printed off or downloaded in any way, and it must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. 

  1. Sharp Home’s status (and that of any of its affiliates) as the authors of content on the Site must always be acknowledged. 

  1. The user must not use any part of the content on the Site for commercial purposes without obtaining a licence to do so from Sharp Home or its licensors. 

  1. If the user prints off, copies or downloads any part of the Site in breach of these Terms of Use, its right to use the Site will cease immediately and it must, at Sharp Home’s option, return or destroy any copies of the materials the user has made. 

  1. Modification of the Terms of Use and the Site  

  1. Sharp Home reserves the right to change these Terms of Use. This does not include significant changes to the basic functions of the Site.    

  1. Sharp Home may update and modify the Site from time to time to reflect changes in the needs of its users and its business direction. All content on the Site and the features and services provided thereon may become obsolete at any time. Sharp Home is under no obligation to update or maintain such content.  

  1. Liability  

  1. To the fullest extent permitted by applicable law, in no event will Sharp Home or its affiliates, or any of its or their respective licensors, have any liability arising from or related to the use and access of or inability to use the Site for: (a) personal injury, property damage, lost profits, cost of substitute goods or services, loss of data, loss of goodwill, loss of use, loss of reputation, loss of revenue, loss of interest, business interruption, computer failure or malfunction or any other consequential, incidental, indirect, exemplary,  liquidated, special or punitive damages; (b) direct damages in amounts that in the aggregate exceed the amount of 1 EUR. The foregoing limitations will apply whether such damages arise out of breach of contract, tort (including negligence) or otherwise and regardless of whether such damages were foreseeable or Sharp Home was advised of the possibility of such damages.  

  1. Sharp Home shall in particular not be liable in case of force majeure. Force majeure are all circumstances and events that are beyond Sharp Home's responsibility, such as strikes, lockouts, natural events, catastrophes, epidemics or pandemics, official intervention, legal prohibitions or other events due to which Sharp Home is hindered in its services through no fault of its own.  

  1. Links to and from the Site  

  1. Links to third party websites or services included on the Site are provided for the users' information only (including links or references to dealers or resellers under the “Find Store” function of the Site). Sharp Home does not adopt the content of the linked websites or services. Sharp Home has no control over the content of these sites and services and does not guarantee the functionality and the stock status of retailers or resellers of Sharp Home Products and does not assume any liability for such reference to other retailers or resellers.   

  1. When linking to the Site, the following must be observed:  

  1. Users may link to the home page of the Site, provided that they do so in a lawful manner that does not damage or exploit Sharp Home's reputation. 

  1. Users may not establish a link in a manner that suggests any form of affiliation, approval or endorsement by Sharp Home when none exists.  

  1. Users may not establish a link to the Site on a website that is not operated by them.  

  1. The Site may not be included on other websites and services through frames, embedded links or other methods, nor may the user link to any part of the Site and Sharp Home’s services other than the home page.  

  1. Sharp Home reserves the right to withdraw permission to link without notice.  

  1. The website on which the user places the link must comply in all respects with the content requirements specified by these Terms of Use, in particular with section 3.  

  1. The user who wishes to link or use content from the Site other than that specified in section 9.2.1 must obtain Sharp Home's prior consent via info@vestel-germany.de in advance of setting the link or using the content.  

  1. Final Provisions 

  1. If individual clauses of these Terms of Use are or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions.  

  1. The law of the France shall apply exclusively to disagreements and disputes arising from these Terms of Use, to the exclusion of the UN Convention on Contracts for the International Sale of Goods, without reference to its conflict of laws.  

  1. If the user had its domicile or usual place of residence in France when this contract was concluded and has either moved out of France at the time the action is brought by Sharp Home or user’s domicile or usual place of residence is unknown at this time, the place of jurisdiction for all disputes shall be Paris. 

  1. The European Commission provides a platform for online dispute resolution. The platform serves as a point of contact for the out-of-court resolution of disputes regarding contractual obligations arising from online sales contracts. Further information is available at the following link: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board. 

 

December 2024