THE GENERAL TERMS AND CONDITIONS OF USE
Date of the latest update of the GTCU : 29-02-2024
The website’s legal notice can be consulted by clicking here.
ARTICLE 1 – PRESENTATION OF THE WEBSITE AND GENERAL PROVISIONS
1.1. These General Terms and Conditions are agreed between the company FRENEHARD & MICHAUX, SAS with a share capital of 6 365 123 euros, registered at the RCS in ALENCON under number 535 450 050 and located at ZA LES BREDOLLIERES 61300 SAINT-SYMPHORIEN-DES-BRUYERES, and the Users of the website https://frenehard-michaux.eu, hereinafter referred to as the “Website”, hereinafter referred to as the “Users”, FRENEHARD & MICHAUX and the Users being hereinafter referred to as the “Party(ies)”.
The Users are defined as professionals. A professional is defined as “any natural or legal person, public or private, who is acting for purposes relating to his commercial, industrial, craft, liberal or agricultural activity, including when acting on behalf of another professional”.
1.2. The purpose of the Website is:
– to present the FRENEHARD & MICHAUX group and the various companies belonging to this group;
– to enable Users to contact FRENEHARD & MICHAUX using the contact form provided on the Website;
The Website does not allow any products or services to be ordered or paid online.
FRENEHARD & MICHAUX shall provide assistance by telephone on +33 (0) 4 74 00 90 90. Users may also contact FRENEHARD & MICHAUX by email at contact@frenehard-michaux.com
1.3. The following general terms and conditions govern the terms of use of the Website and its functionalities by the Users.
Browsing the Website implies full and unreserved acceptance by Users of the rules set out below.
The following general terms and conditions cancel and replace the previous terms and conditions in force. FRENEHARD & MICHAUX shall reserve the right to adapt, modify or update these general terms and conditions of use at any time. In any event, the general terms and conditions that apply are those in force on the day of browsing the Website.
Should one of the Parties fail to invoke one of the present terms and conditions at a given time, such failure shall not be considered as a waiver of the right to do so at a later date. The cancellation of a clause of these general terms and conditions shall not affect the validity of the general terms and conditions as a whole.
ARTICLE 2 – DESCRIPTION OF THE WEBSITE’S FUNCTIONALITIES
2.1. Presentation of the FRENEHARD & MICHAUX Group
The Website presents the holding company FRENEHARD & MICHAUX and all the companies in the group.
FRENEHARD & MICHAUX makes every effort to ensure that the information published on the Website is accurate and up-to-date and reserves the right to modify it at any time without notice.
Users wishing to find out more about this group or the companies it comprises are invited to contact.
FRENEHARD & MICHAUX using the contact form or by email contact@frenehard-michaux.com.
2.2. Request for information
FRENEHARD & MICHAUX provides the User with a contact section for questions.
ARTICLE 3 – ACCESS TO THE WEBSITE AND USE OF ITS FEATURES
3.1. The Website can be reached via the following address : «https://frenehard-michaux.eu ».
The browsing of the Website by Users is carried out under the Users’ responsibility. Under these conditions, Users shall browse the Website and use the services in accordance with their purpose and in compliance with these general terms and conditions, without infringing public order, good morals or the rights of third parties.
In this context, Users shall be responsible for providing the computer and communication resources required to use the Website and for acquiring the knowledge required to use the Internet and access the Website. Users shall bear the connection and equipment costs associated with access to the Internet and use of the Website, in accordance with the terms and conditions set by their access providers and/or electronic communications operators.
Users shall be responsible for the computer security of their equipment and, in particular, for any loss of data and security flaws that may result from a virus or hacking. Users hereby declare that they are aware of these risks and accept that FRENEHARD & MICHAUX cannot be held responsible for any such malfunctions.
Users are prohibited from:
- Accessing or attempting to access the Website by any means other than those made available by FRENEHARD & MICHAUX.
- Sharing, with a third party, any login details (users’ name and password), a third party being any person other than the Users to whom the e-mail address is assigned.
- To disturb, slow down or block access to the networks allowing access to the Website.
- To monitor, scan or test the vulnerability of the Website, of its host or of its network or to violate the security or authentication measures.
3.2. Given the free access to the Website and its functionalities, Users hereby acknowledge that the Website and its functionalities are provided as it is and are accessible without any guarantee of conformity, availability, performance, compatibility or regularity.
FRENEHARD & MICHAUX shall endeavour to make the functionalities accessible 24 hours a day, 7 days a week, except in the event of force majeure or an event beyond the control of FRENEHARD & MICHAUX and subject to maintenance periods, possible breakdowns, technical hazards linked to the nature of the Internet network or acts of malicious intent or any damage to FRENEHARD & MICHAUX’s hardware or software.
FRENEHARD & MICHAUX shall in no case be held responsible for any interruption in functionality, whatever the cause, duration or frequency.
Users acknowledge that the transmission speed of information does not depend on FRENEHARD & MICHAUX, but on the inherent characteristics of electronic communication networks and the technical characteristics of the Users’ connection method.
FRENEHARD & MICHAUX shall not be held responsible for the use made of the Website and its functionalities by the Users and for any damage that may result for the Users or third parties.
In particular, FRENEHARD & MICHAUX shall not be held responsible for the information provided by the Users for the creation and management of their personal account.
3.3. The Website and its functionalities are made available to Users by FRENEHARD & MICHAUX free of charge and for an indefinite period.
FRENEHARD & MICHAUX shall reserve the right to modify the characteristics of the Website and its functionalities, in particular according to technical or commercial developments. It shall retain full discretion in carrying out any updates.
Given the free access to the Website and the use of its functionalities, FRENEHARD & MICHAUX shall be entitled to suspend access and/or terminate access to all or part of the features provided to Users, without prior notice or compensation, as of right.
However, should the Users fail to comply with the GTCU or, more generally, in the event of any violation of the regulations in force, FRENEHARD & MICHAUX may automatically terminate, without prior notice or compensation, all or part of the features provided to the Users. FRENEHARD & MICHAUX may terminate the contract without prejudice to any damages to which it may be entitled as a result of such failures.
ARTICLE 4 – LIABILITY
4.1 As FRENEHARD & MICHAUX does not interfere in the possible relationship between Users and the partner resellers, it shall not assume any liability relating to the contract that may have been concluded between them.
4.2 FRENEHARD & MICHAUX shall not be held liable if any damage or non-fulfilment results from the misuse of the Website by the Users or from a fault committed by the Users or a third party or due to force majeure.
4.3 Likewise, it is hereby stated that FRENEHARD & MICHAUX shall not be held liable for any temporary or permanent damage caused to the User’s mobile terminal or computer, nor for any loss or damage that may be caused, in particular, as a result of accessing or browsing the Website.
4.4 Data transmission via Internet may lead to the emergence of errors and/or to the fact that the Website may not always be available. Therefore, FRENEHARD & MICHAUX shall not be held responsible as to the availability and interruption of the online service. Users are reminded that they are advised to protect access to their computer tools with a password and to take out any useful insurance in the event of their loss or theft.
4.5 The Website may contain hypertext links to other websites. FRENEHARD & MICHAUX has no control over the accuracy of the information contained therein or its content. Therefore, FRENEHARD & MICHAUX shall not be held liable for any damage resulting from the use of, access to, or inability to use the information or content of other websites.
4.6. Whenever FRENEHARD & MICHAUX’s liability is incurred as a result of a fault on its part, compensation shall only apply to direct, personal and certain damage caused to Users.
In any event, it is hereby noted that FRENEHARD & MICHAUX declines all responsibility for, in particular:
- Damage resulting from a failure by Users to comply with the rules and recommendations of FRENEHARD & MICHAUX resulting in particular from these general terms and conditions;
- Malfunctions, inability to access or poor operating conditions of the Website, in particular due to unsuitable equipment, disruptions linked to the Users’ access provider and/or Internet network congestion and/or any other reason linked to a case of force majeure;
- Malicious acts from third parties.
ARTICLE 5 – PROTECTION OF PERSONAL DATA – COOKIES
5.1. FRENEHARD & MICHAUX shall collect and process the Users’ personal data of the Website who have chosen to create a personal account or to fill in the contact form. The provisions regarding the processing of such data are described in the Website’s Privacy Policy, which Users are invited to read carefully. FRENEHARD & MICHAUX shall collect, process and store personal data in accordance with the principles of the regulations in force and the recommendations of the CNIL.
The individuals concerned have various rights with regard to the collection and processing of their personal data. They may request access, rectification or deletion of their data. Where appropriate, they may also object to or request the processing of such data to be restricted. They also have the right to the portability of their data in order to obtain a copy of their personal data in a structured, usable and machine-readable format, so that it can be transmitted to a third party, if this request is eligible. They also have the right to lodge a complaint with a supervisory authority and may define directives as to the fate of their data in the event of their death, and register them with trusted third parties certified by the CNIL. These rights may be used in accordance with the provisions set out in the Website’s Privacy Policy.
5.2. FRENEHARD & MICHAUX uses cookies.
ARTICLE 6 – INTELLECTUAL PROPERTY
The full content of the Website is the property of FRENEHARD & MICHAUX or is used by FRENEHARD & MICHAUX with the consent of the holders of the rights involved.
Users acknowledge the exclusive rights of FRENEHARD & MICHAUX, in particular its trademarks, logos and copyrights, and shall refrain from using them in any way whatsoever and shall refrain from infringing them in any way.
Any use, in any manner whatsoever, of these trademarks, logos, copyrights and/or any other intellectual property rights is subject to the express prior consent of FRENEHARD & MICHAUX or of the holder of the relevant rights.
Any reproduction of all or part of the Website, as well as the creation of hypertext links, is prohibited, unless FRENEHARD & MICHAUX gives its express prior consent.
FRENEHARD & MICHAUX shall reserve the right to request the deletion of any link to the Website which has not been, or is no longer, authorized and/or which would be detrimental to it.
ARTICLE 7 – DISPUTES
7.1. These general terms and conditions of use are subject to French legislation.
7.2. The Parties shall endeavour to find an out-of-court settlement for any disputes that may arise between them regarding these terms and conditions.
If no amicable settlement can be reached, any dispute between FRENEHARD & MICHAUX and the User shall be brought before the Court of ALENCON, to which jurisdiction is explicitly granted in advance, even where there is a third-party appeal or multiple defendants.