Unless otherwise specified, the Legal Notice and General Conditions of Use below are applicable to your use of and browsing on the www.onauratoutvu.com website, including all the pages and other sites accessible at this address, including their versions optimised for browsing on mobiles and tablets, as well as on the mobile applications published by PERUN-YL.
ARTICLE 1: Purpose
- The purpose of the present "general conditions of use" is to provide a legal framework for the use of the onauratoutvu.com website and its services.
- This contract is concluded between :The manager of the website, hereinafter referred to as "the Publisher" and any natural or legal person wishing to access the website and its services, hereinafter referred to as "the User".
- The general terms and conditions of use must be accepted by each User, and access to the website constitutes acceptance of these terms and conditions.
ARTICLE 2: Legal notice
- For legal entities:
The onauratoutvu.com website is published by the PERUN-YL company, with a capital of 40,000€, whose registered office is located at 23 rue de Montpensier 75001 Paris.
The company is represented by Livia Stoianova and Yassen Samouilov.
- For natural persons:
The onauratoutvu.com website is edited by [name and first name of the person in charge], domiciled at [postal address].
ARTICLE 3: Access to services
Any user with access to the Internet may access the site free of charge from anywhere. The costs incurred by the user to access the site (internet connection, computer equipment, etc.) are not the responsibility of the Publisher.
Registration and subscription to the Services:
You may register or subscribe to the Services available at any time on the onauratoutvu.com site.
- When you register or subscribe to our Services, you must provide true and accurate information. If the information you provided at the time of registration or subscription changes, you agree to notify us promptly to ensure that you receive our messages and that we do not contact third parties in error.
- If you register for a service that requires prior authentication (e.g., account, wish list), you agree to notify us immediately if you suspect any unauthorized use of your account or unauthorized access to your password. You are solely responsible for any use of your account that is attributable to you or that results from a failure to protect your password.
- The onauratoutvu.com website and its various services may be interrupted or suspended by the publisher, in particular for maintenance purposes, without any obligation to give prior notice or justification.
Some parts of the Services may require that they be provided through electronic communication channels such as email, SMS and telephone calls.
- You agree that we may contact you for matters related to the Services by email, SMS or other electronic technology and you acknowledge that in some jurisdictions, the use of mobile services may result in charges to you from your network service provider and that you are responsible for paying such charges. In any event, the user will be clearly informed of the possible charges associated with the Services.
ARTICLE 4: Responsibility of the User
- The User is responsible for the risks associated with the use of his/her login and password.
- The User's password must remain secret. In the event of disclosure of the password, the Publisher accepts no liability.
- The User assumes full responsibility for the use he makes of the information and content present on the onauratoutvu.com site.
- Any use of the service by the user resulting directly or indirectly in damage must be compensated to the benefit of the onauratoutvu.com site.
- The member undertakes to use language that respects others and the law and accepts that these publications may be moderated or refused by the Editor, without any obligation to provide justification.
- By publishing on the site, the user grants the Publisher the non-exclusive right, free of charge, to represent, reproduce, adapt, modify, disseminate and distribute his/her publication, directly or through an authorised third party.
- However, the Publisher undertakes to cite the member in the event of use of its publication
ARTICLE 5: Responsibility of the publisher
- The publisher cannot be held responsible for any malfunction of the server or the network.
Similarly, the responsibility of the site cannot be engaged in case of force majeure or unforeseeable and insurmountable fact of a third party.
- The onauratoutvu.com site undertakes to implement all necessary means to guarantee the security and confidentiality of data. However, it does not guarantee total security.
-The editor reserves the right not to guarantee the reliability of the sources, although the information published on the onauratoutvu.com website is deemed reliable.
ARTICLE 6: Intellectual Property
- The contents of the onauratoutvu.com website (logos, texts, graphic elements, videos, audio clips, designs, devices, logos, brands, distinctive elements, design or any other element reproduced and/or made available by the onauratoutvu.com website, etc.) are protected by copyright, under the Intellectual Property Code.etc.) are protected by copyright under the Intellectual Property Code.
- The user is entirely responsible for any content he/she puts online and undertakes not to harm any third party.
- The site editor reserves the right to freely moderate or delete content posted by users at any time, without justification.
- All elements on the onauratoutvu.com website, in whole or in part, including, by way of example, trademarks, domain names, designs, patents and copyrights, are protected and are the sole property of the Publisher. All rights are reserved, worldwide.
- All trademarks, trade names, logos and other designs and distinctive signs that are reproduced on the site onauratoutvu.com, whether registered or not, are trademarks or service marks of ON AURA TOUT VU, OATV Paris and Moulin Rouge by On Aura Tout Vu in all other countries. All domain names used on the onauratoutvu.com site and/or connected to it are owned - or used with permission - by the Publisher, who administers them worldwide.
- This website is exclusively intended for private, personal and non-commercial use and the material on this website is presented solely for information and/or promotional purposes.
ARTICLE 7: Personal data
The user must provide personal information to register on the site.
The electronic address (e-mail) of the user may be used by onauratoutvu.com for the communication of various information and account management.
onauratoutvu.com guarantees the respect of the user's private life, in accordance with the law n°78-17 of January 6, 1978 relating to data processing, files and freedoms.
The site is registered with the CNIL under the following number: [number].
In accordance with articles 39 and 40 of the law dated 6 January 1978, the User has the right to access, rectify, delete and oppose his/her personal data. The user exercises this right via :
- His personal space on the site.
- A contact form.
- By e-mail to email@example.com.
- By post to 23 Rue de Montpensier.
- Submitted elements: You agree and acknowledge that any suggestions, projects, ideas, concepts, photographs, contributions or other content or materials (excluding personal information) shared with or sent to the publisher through this onauratoutvu.com site, or any other form of communication (the "Submitted Materials") are not considered confidential. By submitting the Submitted Materials you grant the publisher a royalty-free, non-exclusive, worldwide right to copy, reproduce, perform, modify, adapt, license, resell, translate, incorporate, create derivative works from, operate, publish, disclose, distribute or otherwise use the Submitted Materials, in whole or in part, for the maximum legal term of protection of the corresponding intellectual property rights, for advertising, promotional or product development purposes, in any current or future media.
Onauratoutvu.com is not obliged and will not be obliged in the future to :
- To keep the Submitted Materials confidential.
- Pay compensation for use of or in connection with the Submitted Materials.
- Respond to the submission of the Submitted Materials and/or confirm receipt of such materials.
- You represent and warrant that the Submitted Materials do not violate any third party's legal or contractual rights, including by way of example copyright, trademark, patent, trade secret, confidentiality or other proprietary or personal rights.
By submitting the Submitted Materials, you agree that onauratoutvu.com the right, but not the obligation, to copy, reproduce, publish, disclose, distribute, perform, modify, adapt, license, resell, translate, incorporate, create derivative works from, operate, or otherwise use, in whole or in part, in any medium now or in the future, the Submitted Materials for any purpose, including, by way of example, advertising, promotional, product development, or other commercial purposes, without granting you or any third party any right to compensation. You are and shall remain solely responsible for the content of any Submitted Material.
ARTICLE 8: Authenticity of products
The products bearing the brand name "ON AURA TOUT VU, OATV Paris and Moulin Rouge by On Aura Tout Vu" promoted on the site onauratoutvu.com are made with quality materials, certified original.
ARTICLE 9: Hypertext links
The domains to which the hypertext links on the site lead are not the responsibility of the publisher of onauratoutvu.com, who has no control over these links.
It is possible for a third party to create a link to a page of the onauratoutvu.com website without the express authorisation of the publisher.
ARTICLE 10: Evolution of the general conditions of use
The onauratoutvu.com website reserves the right to modify the clauses of these general conditions of use at any time and without justification.
ARTICLE 11: Duration of the contract
The duration of this contract is indefinite. The contract takes effect with regard to the User as from the start of the use of the service.
ARTICLE 12: Performance of the contract
The essential characteristics and the price of each product are displayed on the onauratoutvu.com website.
- Before placing an order through the onauratoutvu.com website, the user must carefully read all the instructions given during the purchase process (including any delivery costs, the conditions of the right of withdrawal, the policy on the protection of personal data), as well as these General Conditions.
- To purchase Products, the User must include the selected Products in the shopping cart by clicking on the corresponding button, fill in the order proposal, choose the payment method, accept the Terms and Conditions and send the order proposal to the Publisher via the onauratoutvu.com website
- The sending of the order constitutes a proposal for the purchase of the selected Products, subject to these General Terms and Conditions and is binding on the Customer, subject to the right of withdrawal provided for in Article
- The sending of the order proposal by the user entails the obligation for the latter to pay the price of the Products ordered.
- Any errors or changes in the data entered by the User in the order proposal can be validated by the User by following the process described on the onauratoutvu.com website before sending the order proposal
- The publisher may refuse any order proposal within 30 days of receipt of the proposal. In this case, the user shall not owe the publisher any compensation.
- The publisher may refuse an order proposal in the following cases: The Products are not available (subject to the provisions in Articleor Activities are declared or suspected to be unlawful or fraudulent, including purchases are suspected to be made for commercial purposes; or The User has failed to fulfil its obligations under a previous contract executed with the Publisher.The contract between the Publisher and the User is concluded upon receipt by the User of the Publisher's acceptance of the order proposal ("Order Confirmation"). The Publisher's acceptance (or rejection) shall be communicated to the Customer by e-mail to the address communicated by the Customer in the Order Proposal.
- In the event that one or more of the products are not available, the user will receive an e-mail informing him/her of the unavailability of the products, as required. In this case, the order proposal will be cancelled or partially accepted only for the available products. In case of partial acceptance, the user will be charged (or debited, if paying by credit card) only for the price of the available products.
- In accordance with the provisions of article L.121-19-1 of the French Consumer Code as described below, the Order Confirmation will include a summary of the essential characteristics of the products purchased, a detailed indication of the price and methods of payment, information on delivery costs, where applicable, information on how to contact the Publisher, information on the conditions and methods for exercising the right of withdrawal, including information on the exclusion of the right of withdrawal for personalised products, the address to which complaints may be sent, and information on after-sales services and on existing commercial conditions (where applicable). It will also contain a copy of these Terms and Conditions.
- Once the Order Confirmation has been sent to the user, the order can no longer be cancelled or changed. However, the Products sent can be returned as indicated in the article below.
- The risk of loss or damage to the Products passes to the User when the User (or a third party indicated by the User and other than the carrier) has acquired physical possession of the Product.
ARTICLE 13: Method of payment
- The payment of the price of the products included in the order proposal, as well as the applicable taxes and delivery charges, if any, must be paid by the user by credit card, by means of a PayPal account or by bank transfer.
- Transactions will be charged to the user's credit card only after: the credit card details have been verified; authorisation to charge the card has been received from the issuer of the card used by the user; and the availability of products has been confirmed by the publisher.
- In the case of purchases of personalised products, which will be notified to the user before the user can submit the order proposal, the transaction will only be charged to the user's credit card after: the credit card details have been verified; and authorisation to charge the card has been received from the issuer of the card used by the user.
- Subject to the provisions of Article 6.4, no debit will be made at the time of transmission of the order proposal with the exception of the temporary charges necessary to check the validity of the credit card, if any. It is understood that once the order has been executed, such temporary charges will be cancelled and replaced by the amount payable by the user. Furthermore, in the event that the order is cancelled, these temporary charges will also be permanently cancelled.
- The publisher also accepts payment by bank transfer to the following IBAN code FR31 3000 2004 0100 0037 5367 T39. All costs and charges (including bank charges) associated with the bank transfer, if any, applied to the user by the bank, are borne by the user. Payment must be made within a maximum of 7 (seven) working days from the date of the Order Confirmation.
- If for any reason it is not possible to debit the amount payable by the user (or to obtain the amount due available in the Publisher's bank account in the case of a transfer) within the stipulated period, the contract will not be fulfilled and the order will be cancelled. - For each order, the Publisher shall send the User an invoice for the products by e-mail or by post, in accordance with the applicable law or regulation. The invoice will be based on the information provided by the User at the time of ordering. No changes can be made to the invoice once it has been issued.
ARTICLE 14: Competent Transport and Delivery
The Products purchased will be delivered on working days by a delivery service chosen by the Publisher. Products will be delivered to the address given by the user in the order proposal. The Publisher does not deliver to post office boxes
- Upon delivery of the products by the Delivery Service, the User (or a designated representative) shall: ensure that the number of items delivered corresponds to that stated on the delivery note; ensure that the packaging and seals are intact, undamaged or have not been wetted or tampered with in any way; sign the delivery receipt; and upon request by the Delivery Service, present his/her identification. Any damage to the packaging and/or the product, or any discrepancies between the number of items and the supporting documents, must be immediately indicated in writing on the delivery receipt of the Delivery Service. Subject to contrary provisions in the applicable laws, once the delivery service document has been signed and no objections have been raised by the user, the user may no longer raise objections to the external characteristics of the delivered package, it being understood that the user has the right to raise objections at a later date in relation to other characteristics of the products
- Except in cases of force majeure or unforeseeable circumstances, the products purchased will be delivered within 30 (thirty) days from the date indicated on the order confirmation. If delivery is not made within the above period, the user may cancel the Contract and the Publisher shall, without undue delay, refund any sums paid under the Contract.
- Delivery costs, if any, shall be borne by the user and shall be mentioned separately on the order form and on the invoice.
ARTICLE 15: Right of return
The user has the possibility to return any product ordered on the onauratoutvu.com website within 14 days of the delivery date, in its original condition and packaging, and accompanied by its invoice only for reasons of defect or non-matching sizes.
If a label is attached to the products, it must not be removed otherwise the refund will not be made. To make a request for refund, the user should send an email to firstname.lastname@example.org Any purchase made on the site onauratoutvu.com can not be exchanged or refunded in shops ON AURA TOUT VU or at one of the retailers.
ARTICLE 16: Reservation of ownership
- Until the purchase price has been paid in full, the delivered goods remain the property of the publisher.
- You must treat the goods with care until ownership is transferred.
- Prior to the transfer of ownership, the user is not entitled to pledge the goods or to give security. The user must inform us in writing without delay of any seizure, requisition or other disposition by third parties.
- The publisher reserves the right to demand the return of the offered promotional items or to charge you for them, if the conditions for benefiting from them are no longer met. It is a condition of the promotion that the value of the sales contract is maintained at the minimum purchase amount. If the user returns all or part of the articles to us, e.g. by exercising the right of withdrawal, and the order value is then lower than the minimum purchase amount, the user can no longer benefit from a promotional article for this order. In this case, the publisher will ask you to return the item in question together with the other returned items. If the user wishes to purchase the promotional item, please contact our Customer Service directly.
ARTICLE 17: Applicable law and jurisdiction
This contract is governed by French law.
In the event of a dispute not resolved amicably between the user and the publisher, the courts of Paris are competent to settle the dispute.
ARTICLE 18: Contacts
For additional information and assistance regarding the onauratoutvu.com site or online shopping methods, the user may contact PERUN-YL SAS at one of the addresses listed below:
23 Rue de Montpensier 75001 Paris France
Tel : +33142607566