General Terms and Conditions of Use (GTCU)

Article 1 - Definitions

The following definitions shall apply:

- "Site" or "Service" means the site and all its pages.

- "Publisher " 321CBD, legal entity responsible for the publishing and content of the Site.

- "User " the Internet user visiting and using the Site's Services.

The present General Terms of Use (hereinafter the "GTU") are proposed by the Publisher of the Site. The User of the Site is invited to read these GTUs carefully, to print them and/or to save them on a durable medium. The User acknowledges having read the GTU and accepts them in full and without reservation.

Article 2 - Application of the GCU

The purpose of these TOU is to define the conditions of access to the Site by Users. The Publisher reserves the right to modify the TOU at any time by publishing a new version of the TOU on the Site The TOS applicable to the User are those in effect on the date of acceptance.

The Site is freely accessible to all Users. The acquisition of a product or service, or the creation of a member space, or more generally browsing the Site implies acceptance by the User of the entirety of these GCU, who acknowledges having fully understood them.

This acceptance may consist, for example, for the User, in checking the box corresponding to the sentence of acceptance of the present GTU, having for example the mention " i acknowledge having read and accepted all the general conditions of the Site ». Checking this box will be deemed to have the same value as a handwritten signature by the User.

The User acknowledges the value of the automatic recording systems of the Site Editor as proof and, unless he/she provides proof to the contrary, waives the right to challenge them in the event of a dispute.

Acceptance of these TOS assumes that the User has the legal capacity to do so. If the User is a minor or does not have this legal capacity, he/she declares that he/she has the authorization of a guardian, curator or legal representative.

Article 3 - Legal notice, personal data and purpose of the Site

This Site is published by 321CBD, a company registered in Luxembourg (under the number B232323). The legal information concerning the host and the Publisher of the Site, in particular the contact details and any capital and registration information, is provided in the legal notice of this Site.

Information regarding the collection and processing of personal data (policy and declaration) is provided in the personal data charter of the Site.

The purpose of this Site is determined as "online information and sales site".

Article 4 - Member area

The User registered on the Site (member) has the possibility of accessing it by logging in with his identifiers (e-mail address defined at the time of registration and password) or possibly by using systems such as third-party connection buttons of social networks. The user is entirely responsible for the protection of the password he/she has chosen. The user is encouraged to use complex passwords. If the User forgets his password, he can generate a new one. This password guarantees the confidentiality of the information contained in the "my account" section and the User is therefore prohibited from transmitting or communicating it to a third party. Failing this, the Site Editor cannot be held responsible for unauthorised access to a User's account.

The creation of a personal space is a prerequisite to any order or contribution by the User on this Site. To this end, the User will be asked to provide a certain amount of personal information. The User undertakes to provide accurate information.

The purpose of collecting data is to create a "member account". If the data contained in the member account section were to disappear as a result of a technical failure or a case of force majeure, the responsibility of the Site and its Editor could not be engaged, as this information has no evidential value but only an informative character. The pages relating to member accounts are freely printable by the holder of the account in question but do not constitute proof, they have only an informative character intended to ensure an effective management of the service or the contributions by the User.

Each User is free to close his account and his data on the Site. For this, he must send an e-mail to 321 CBD indicating that he wishes to delete his account. No recovery of his data will then be possible.

The Publisher reserves the exclusive right to delete the account of any User who has contravened these TOS (including, but not limited to, when the User has knowingly provided false information when registering and setting up his personal space) or any account that has been inactive for at least one year. The said deletion will not constitute a damage for the excluded User who will not be able to claim any compensation for this fact. This exclusion is not exclusive of the possibility for the Publisher to take legal action against the User, when the facts justify it.

Article 5 - Access to and availability of the Site

The Publisher shall use its best efforts to ensure that the Site is accessible at all times, subject to maintenance operations on the Site or the servers on which it is hosted. If access to the Site is not possible due to technical problems or problems of any kind, the User may not claim any damages or compensation.

Access to the site is reserved for adults over 18 years of age.

The SiteEditor is only bound by an obligation of means; he cannot be held responsible for any damage resulting from the use of the Internet network such as loss of data, intrusion, virus, break in service, or others.

The User expressly admits using the Site at his own risk and under his exclusive responsibility.

The Site provides the User with information as an indication, with imperfections, errors, omissions, inaccuracies and other ambivalences likely to exist. In any case, 321 CBD cannot be held responsible :

  • any direct or indirect damage, in particular with regard to the losses of profits, the loss of earnings, the losses of customers, of data being able inter alia to result from the use of the Site, or on the contrary of the impossibility of its use;

  • a malfunction, unavailability of access, misuse, poor configuration of the User's computer, or the use of a browser little used by the User.

Article 6 - Hypertext links

The Site may include hypertext links to other sites.

The User therefore acknowledges that the Publisher shall not be held responsible for any damage or loss, proven or alleged, resulting from or related to the use or the fact of having taken cognizance of the content, advertising, products or services available on these external sites or sources. Likewise, the Site Editor shall not be held liable if the User's visit to one of these sites causes him/her harm.

If, despite the Editor's efforts, one of the hypertext links on the Site points to a site or an Internet source whose content does not comply with the requirements of French law, the User undertakes to contact the Site's publication director immediately, whose contact details are given in the Site's legal notice, in order to communicate the address of the pages of the third party site in question.

Article 7 - Cookies

A "Cookie" may allow the identification of the User of the Site, the personalization of his consultation of the Site and the acceleration of the display of the Site thanks to the recording of a data file on his computer. The Site is likely to use "Cookies" mainly to 1) obtain navigation statistics in order to improve the User's experience, and 2) allow access to a member's account and to content that is not accessible without logging in.

The User acknowledges that he/she is aware of this practice and authorizes the Site Publisher to use it. The Site Editor will not disclose the contents of these "cookies" to any third party, except as may be required by law.

The User may refuse to accept cookies or may set his or her browser to warn him or her before accepting cookies. To do this, the User must set the parameters of his browser:

Article 8 - Intellectual property rights

All elements of this Site are the property of the Publisher or a third party agent, or are used by the Publisher on the Site with the permission of their owner.

Any representation, reproduction or adaptation of the logos, textual, pictorial or video content, without this list being limitative, is strictly prohibited and is tantamount to counterfeiting.

Any User who is guilty of infringement may have his access to the site removed without notice or compensation and without this exclusion constituting damage, without prejudice to any subsequent legal proceedings against him, at the initiative of the Editor of this Site or his agent.

The trademarks and logos contained in the Site may be registered by 321 CBD or by one of its partners. Any person proceeding to their representations, reproductions, imbrications, diffusions and reruns incurs the sanctions envisaged in articles L.713-2 and following of the Code of the intellectual property.

Article 9 - Liability

The Publisher is not responsible for Users' publications, their content or their accuracy. The Publisher shall not be held liable for any damage to the User's computer system and/or loss of data resulting from the User's use of the Site.

The Publisher undertakes to constantly update the content of the Website and to provide Users with accurate, clear, precise and up-to-date information. The Site is in principle accessible at all times, except during technical maintenance and content updates. The Publisher shall not be liable for any damages resulting from the unavailability of the Site or parts thereof.

The Site Editor shall not be held liable for any technical unavailability of the connection, whether due to force majeure, maintenance, updating, modification of the Site, intervention by the host, an internal or external strike, a network failure, or a power cut.

The Publisher cannot be held responsible for the non-operation, impossibility of access or malfunctioning of the Site attributable to unsuitable equipment, poor configuration or use of the User's computer, malfunctioning of the services of the User's access provider, or those of the Internet network.

Article 10 - Geographical limitation of use

The use of the Site's services is limited to the European Union.

Article 11 - Notifications and complaints

Any notification or notice concerning the present GTU, the legal notices or the personal data charter must be made in writing and sent by registered or certified mail, or by e-mail to the address indicated in the legal notices of the Site, specifying the contact details, name and surname of the notifier, as well as the object of the notice.

Any claim related to the use of the Site, the Services, the pages of the Site on any social networks or the TOS, the legal notice or the personal data charter must be filed within 365 days from the day of origin of the problem causing the claim, and this regardless of any law or rule of law to the contrary. If such claim is not filed within 365 days, such claim will be forever barred at law.

It is possible that there may be inaccuracies or errors throughout the Website and the Services offered, or information that is inconsistent with the TOU, the Legal Notice or the Privacy Policy. In addition, it is possible that unauthorized modifications are made by third parties on the Site or on related Services (social networks...).

In such a situation, the User has the possibility to contact the Site Editor by post or by e-mail at the addresses indicated in the legal notice of the Site, with if possible a description of the error and the location (URL), as well as sufficient information to contact him.

Article 12 - Independence of the clauses

If any provision of the TOS is held to be illegal, void or for any other reason unenforceable, then that provision shall be deemed severable from the TOS and shall not affect the validity and enforceability of any remaining provisions.

The TOU supersedes all prior or contemporaneous written or oral agreements. They are not assignable, transferable or sub-licensable by the User himself.

A printed version of the TOU and all notices given in electronic form may be requested in judicial or administrative proceedings relating to the TOU. The parties agree that all correspondence relating to these TOU must be written in the French language.

Article 13 - Applicable law

These GTU are governed by and subject to French law.

Except in the case of public order provisions, any disputes that may arise in the context of the execution of these GTUs may, before any legal action, be submitted to the Site Editor for an amicable settlement.

You are expressly reminded that requests for amicable settlement do not suspend the time limits for bringing legal action.

Unless otherwise provided by public policy, any legal action relating to the performance of these TOU shall be subject to the jurisdiction of the courts of the place of residence of the defendant.

All rights reserved - 23 February 2021

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