Last updated on: 24 February 2021
LEGAL NOTICE AND TERMS AND CONDITIONS
Preamble
By continuing to browse www.energie-fruit.com, users accept without reservation the following terms and conditions (hereinafter referred to as the “T&C”). Before using any of our Site’s features, the user acknowledges that he/she has read and accepted these T&C.
The version of our T&C currently online is the only one that can be enforced during the entire period of use of the site until we replace it with a new version.
Our company, Bloomup, reserves the right to modify these terms and conditions at any time. Therefore, it is the User’s responsibility to consult the T&C regularly. Any use of our site subsequent to changes to the T&C implies the user’s irrevocable acceptance of the new version. Should a user disagree with our T&C, he/she is invited to stop using our Site.
ARTICLE 1 – DEFINITIONS
On our website, the terms below have the following meaning:
- ‘Content’ refers to all the elements on our Site that convey information (text, images, videos, algorithms, software, widgets, etc.) and allow it to operate, User information and presentation of our services;
- ‘Intellectual property rights’ refers to all intellectual property rights and related rights (copyright, trademark rights, patent rights, commercial names, databases, etc.) as protected by the Intellectual Property Code created by law no. 92-587 of 1 July 1992. The version in force is the one applicable at the time the User consults the Site;
- ‘Features’ refers to all the features made available to our Users via our Site;
- ‘Site’ refers to the www.energie-fruit.com website or any other website operated by the Company and made available to the User;
- ‘Company’ refers to Bloomup (trade name), a SASU [French single-member simplified joint-stock company] with share capital of €40,316, registered in the Paris Trade and Companies Register under number 524253861, with head office located at 21 Rue le Sueur, 75116 Paris;
- ‘User’ refers to any individual visiting our Site and accessing its content.
ARTICLE 2 – LEGAL NOTICES
Pursuant to Law no. 2004-575 of 21 June 2004 on confidence in the digital economy, we inform Users of our Site about the identity of the parties involved in creating and updating it.
Owner: Frenchista Capital SAS, with share capital of €594,115, recorded in the Paris Trade and Companies Register under no. 848674602, with head office located at 21 Rue le Sueur 75116 Paris.
Publisher: BLOOMUP SASU.
Developer: The Geek Family, a simplified joint-stock company with share capital of €10,000, SIREN number 837803923, with head office located at 6 Rue du Château 78720 La-Celle-Les-Bordes (contact@thegeek.family).
Hosting provider: SHRD, a limited liability company with share capital of €1,400, recorded in the Paris Trade and Companies Register under no. 491 667 333 (00018), with head office located at 91 Rue du Faubourg Saint-Honoré, 75008 Paris (contact@shrd.fr)
Data Protection Officer: contact@bloomup.fr
ARTICLE 3 – PERSONAL DATA PROTECTION
We will process certain personal data about Users who visit our Site. This processing occurs in compliance with the amended law no. 78-17 of 6 January 1978 relating to information technology, data files and civil liberties (known as the “Information Technology and Civil Liberties Law”) and the Privacy Policy accessible in the corresponding area of our site.
ARTICLE 4 – SITE ACCESS
The site may only be accessed and used for personal use. The User undertakes not to use this Site and the information or data contained therein for commercial, political or advertising purposes or for any form of commercial solicitation, in particular for sending unsolicited emails.
Bloomup shall not be held responsible in the event that minors access the Site, nor shall it be held responsible in the event that Site Users provide erroneous or misleading information.
ARTICLE 5 – DESCRIPTION OF SERVICES PROVIDED
The Site’s purpose is to present Energie Fruit brand products to Users and to indicate where these products are sold. We endeavour to provide information that is as accurate as possible, but we are not responsible for any omissions, inaccuracies or failure to update the information.
All the information provided on our site is given for information purposes only and is not exhaustive. It is provided subject to any changes that may have been made since it was put online.
The User is also informed that the product photos and accompanying description are non-contractual and non-binding for Bloomup.
ARTICLE 6 – INTELLECTUAL PROPERTY
a. Our Site
All trademarks, photographs, text, comments, illustrations, animated or non-animated images, video clips, sounds, all computer applications that may be used to operate this site and, more generally, all elements reproduced or used on the Site, are protected by the applicable intellectual property laws.
They are fully owned by Bloomup. Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of these elements, including computer applications, without the prior written consent of the publisher, is strictly prohibited. The publisher’s failure to initiate proceedings upon becoming aware of such unauthorised use does not constitute acceptance of such use or a waiver of legal proceedings.
It is strictly forbidden for the User to:
- Permanently or temporarily copy, reproduce, depict, share, distribute or publish all or part of the Content and/or the Site by any means and on any medium known or unknown to date;
- Create derivative works from the Content and/or the Site;
- Modify, translate, adapt or arrange all or part of the Content and/or the Site;
- Disassemble, decompile or reverse engineer the Site.
In any case, the User is solely responsible for their use of the Site.
Any unauthorised use of the site or of any of the elements it contains will be considered an infringement and will be prosecuted in accordance with the provisions of articles L.335-2 et seq. of the Intellectual Property Code.
b. Our trademark
The verbal and visual trademarks (logos) of Energie Fruit and Bloomup are protected. Their use in any medium for the purpose of promoting products or services, or for commercial purposes, is prohibited without written authorisation from our Company. Any User and/or third party responsible for violating this term will be subject to criminal and civil proceedings brought by our Company.
ARTICLE 7 - SITE MANAGEMENT
Our Site is normally accessible to Users at all times. For proper Site management, at any time, the publisher reserves the right to:
- Suspend, interrupt or limit access to all or part of the Site, for any reason whatsoever, with or without notice and at its sole discretion;
- Remove any information that may disrupt the Site’s operation, for any reason whatsoever, with or without notice and at its sole discretion;
- Suspend the Site in order to make updates.
Bloomup will do its best to inform Users in advance of the dates and times of the intervention, but it cannot be held responsible in the event of prior non-communication.
ARTICLE 8 – LIABILITY
a. Site Access
Our Company undertakes to do its best to ensure that the site is accessible 24 hours a day, 7 days a week. However, our Company makes no commitment as to the ongoing availability and accessibility of the Site and does not guarantee that the Site is free of errors. The publisher cannot be held liable for any failure, breakdown, difficulty or interruption in operation that prevents access to the site or to any of its functions.
Our Company and the hosting company cannot be held liable in the event of Internet network, telephone line or computer or telephone equipment malfunctions, particularly due to network congestion preventing access to the server.
The publisher cannot be held liable in the case of any legal proceedings against Users:
- For using the Site or any other service accessible via the Internet;
- As a result of the User’s failure to comply with these T&C.
b. Equipment used
The User is solely responsible for the equipment they use to connect to the site. They must take all appropriate measures to protect their equipment and their own data. The User undertakes to access the site using a recent, virus-free device with a recently updated browser.
Bloomup is not liable for any damage caused to Users, third parties and/or their equipment as a result of their connection to or use of the site and Users waive any claim against the publisher in this respect.
The publisher cannot be held liable for any indirect damage (such as loss of market or loss of opportunity) resulting from the use of the Site.
ARTICLE 9 – HYPERLINKS
Creating a hyperlink to all or part of the Site is authorised provided Users obtain prior written authorisation from Bloomup in an email request to contact@energiefruit.fr.
Bloomup is free to refuse this authorisation without having to justify its decision in any way whatsoever. Should the Company grant its authorisation, it is only temporary in any case and may be withdrawn at any time, without the need for justification. In any case, any links must be removed upon the Company’s request.
The Site contains a number of hyperlinks to other sites, set up with the publisher’s permission. However, our Company cannot verify the content of the sites visited via these links and consequently will not assume any liability.
ARTICLE 10 – APPLICABLE LAW
These conditions of Site use are governed by French law and in the event of a dispute are subject to the exclusive jurisdiction of the competent common law courts, subject to a specific attribution of jurisdiction arising from a particular legal or regulatory text.
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