Terms and Conditions of Use
The EKOI website accessible on computer, tablet and mobile (hereinafter referred to as the "Site") is published and operated by the company JCR, SASU with a capital of 9660 euros, whose registered office is located at 1090 Avenue des Lions, CPARC D'ACTIVITÉ DU CAPITOU PRODUCTION, 3600 Fréjus, France, registered in the Trade and Companies Register under the SIRET number 440 327 518 00096, and whose intra-community VAT number is FR94440327518.
Publication Director: Jean Christophe RATTEL
The hosting of the Site is provided by ONLINE.NET - location: VITRY SUR SEINE (94)
ARTICLE 1 - PURPOSE:
These T&Cs are subject to the provisions of European Regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, as well as those of Law No. 78-17 of 6 January 1978 on information technology, files and freedoms, and any other applicable regulations on the subject that would supplement or replace them later.
These general terms and conditions of use (the "TOU") govern the use of the site by any user, natural person, whoever he or she may be, who is at least sixteen years old ("You").
They aim to define the conditions under which You can:
- access and browse the site;
- publish comments (the "Customer Reviews") on the products sold on the site
By browsing the site, You acknowledge that You have read and fully accept without reservation the TOU.
EKOI reserves the right to modify the TOS at any time
ARTICLE 2 - ACCESS TO THE SITE:
The site is open to any Internet user or mobinaut fulfilling the conditions set out in Article 1, subject to having a connection to the Internet network.
However, the creation of a customer account is necessary if You wish to place an order on the site. If applicable, we invite You to refer to the Conditions Générales de Vente (CGV).
ARTICLE 3 - CUSTOMER ACCOUNT:
Your customer account allows you to:
- consult and update your personal data and means of payment;
- follow your current orders and consult the history of your last orders;
- consult the promotional offers You benefit from;
- manage your subscription to our newsletter.
By proceeding to create your customer account, You agree to provide accurate, complete and up-to-date information.
It is specified that your identifiers (email address or customer number and password) are under your full responsibility. It is therefore your responsibility to ensure the confidentiality of this information, and to report any fraud or hacking to EKOI's customer service as soon as possible.
To delete your customer account, You are invited to contact EKOI's customer service in accordance with the provisions "Your rights of access, modification and deletion" in the tab "Personal Data" of the site. It is specified that EKOI may also be required to delete a customer account that would not have an order in progress due to the regulations related to personal data.
ARTICLE 4 - CUSTOMER NOTICES:
EKOI has set up on the site a system for collecting and publishing Customer Reviews allowing in particular:
- to help other users to compare and choose the best Product;
- to adapt its offer and improve the quality of Products.
Each Customer Review also includes a rating between one (1) and five (5) stars. An overall rating is then assigned to the Product concerned corresponding to the arithmetic average of all online Customer Reviews relating to the Product concerned.
Only Customers who have placed an order are likely to give their opinion on the Product ordered or on the selected Seller.
4.3 Identification of the author of the Customer Review
In order to publish a Customer Review, You must necessarily fill in a pseudonym of at least four (4) characters.
Your true identity and more generally, all personal data concerning you, shall never be communicated via your Customer Reviews. If you fail to do so, you understand that your personal data will be publicly displayed on the site and accessible to any user. EKOI shall not be liable for any such dissemination.
Please note that EKOI shall not be liable for any such dissemination
4.4 Access to Customer Reviews
Posting a Customer Review will be completed no later than five (5) business days after you submit your Customer Review via the form, subject to moderation provisions.
Customer Reviews will remain accessible on the Site for as long as the Product in question is accessible on the Site, provided that there are no changes to the Product's main features that render the Customer Review obsolete;
By posting a Customer Review, You understand and agree that the Customer Review (i) may be publicly displayed on the Site and accessible to any user, and possibly to Internet users outside the Site via a search engine listing and (ii) may be used by EKOI for purposes of promotion, by any means and on any medium, of the Products, the Customer Review system, and more generally of the Site (sending newsletters, etc.).
ARTICLE 5 - COMMITMENTS OF THE CUSTOMER REVIEW AUTHOR:
Any user may become aware, through Customer Reviews, of the rating given by other users in relation to a Product (qualities, defects). As such, You agree to:
- post a Customer Review that is useful in the sense that it should help other users to compare and choose the best Product or, to EKOI, to adapt its offer and improve the quality of the Products.
- deliver non-misleading and relevant information that is:
- relating to the Product itself (its qualities, its essential characteristics) and not to the services related to the Product to which the Customer Review refers such as delivery, payment, return. We invite you, if necessary, to contact the EKOI after-sales service at 0 800 30 30 99 from Monday to Friday from 8am to 7pm;
- and more generally, not unrelated to the Product to which the Customer Review refers.
not to use incomprehensible, unintelligible, and/or meaningless language or to publish a Customer Review in a foreign language (other than the language of the site used).
In addition, the content of the Customer Review must not:
- be contrary to the laws and regulations in force;
- be contrary to public order and morality, including, without this list being limiting violent, hateful, insulting, denigrating, defamatory, vulgar ...
- infringe an intellectual property right, industrial, personality right or any other right held by a third party;
- be inappropriate with respect to another Customer Opinion or its author;
- include personal and/or sensitive data;
- include hypertext links;
- present an advertising character or mention another company;
- contain computer viruses, spyware, malware ...
ARTICLE 6 - CUSTOMER REVIEWS MODERATION
EKOI performs moderation. This means that Customer Reviews are first evaluated and then put online on the site.
As such, EKOI reserves the right to delete at its discretion any Customer Review that specifically violates the provisions of Article 5 and more generally these TOU and/or French and European law.
Moderation shall be performed indiscriminately on all Customer Reviews, regardless of their content, and no later than five (5) business days after the Customer Review is submitted.
In the event that your Customer Review is not published, You will have the opportunity to write a new Customer Review on the relevant Product or Seller, if applicable, in accordance with these Terms and Conditions.
Once the Customer Review has been published, You will not have the opportunity to modify it.
It is specified that EKOI has a right of reply with respect to published Customer Reviews. EKOI may also be required to contact you following the writing of a Customer Review and this as part of its customer management follow-up.
ARTICLE 7 - REPORTING ABUSE
You may at any time report to us a Customer Review that would infringe your rights and/or violate the TOS by contacting us directly. If necessary, the Customer Review will be temporarily removed from the site, until it has been further verified by our moderation team.
ARTICLE 8 - PERSONAL DATA
These TOU are subject to the provisions of European Regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, as well as those of Law No. 78-17 of 6 January 1978 on information technology, files and freedoms, and any other applicable regulations in the field that would supplement or replace them later.
The nominative information and personal data concerning the Customer are necessary for the management of his orders and for the commercial relations between JCR and the Customer. These data are for example: Name, Address, Telephone number, Email address, Credit card information, IP address. Without such information, JCR will not be able to provide its service. This information may be transmitted to companies that contribute to these relationships such as those responsible for the execution of services and orders for their management, execution, processing and payment.
This information and data is kept for security purposes in order to comply with legal and regulatory obligations. It may be used by JCR to send the Customer promotional offers, for statistical and anti-fraud purposes, for the legitimate interest of business development, technical improvement of its systems and knowledge of its Customers and, finally, where applicable with the Customer's consent, to personalize services, in particular through advertising. Depending on the choices made when creating or consulting his account, the Customer will therefore be likely to receive offers from JCR.
The Customer has the possibility to unsubscribe from JCR's newsletters at any time either by clicking on the link present in all emails or by contacting Customer Service.
The Customer can also consult and modify his personal data in his customer area.
The Customer has the right to access, modify, oppose, portability, limit and delete information concerning him/her, as well as to define directives concerning the fate of his/her personal data in the event of death, which he/she will address by simple mail to JCR, and by proving his/her identity:
1090 Avenue des Lions
POLE CAPITOU NORD - 83600 Fréjus - France
For more information, you are invited to refer to the Personal Data Protection
ARTICLE 9 - INTELLECTUAL PROPERTY
All elements of the site, whether visual or audio, including the underlying technology, are protected by copyright, trademarks or patents. Similarly, the trademarks, logos, designs and models appearing on the site are the exclusive property of EKOI. Their disclosure shall in no way be interpreted as granting a license or a right to use said trademarks and distinctive elements protected by copyright. Therefore, they may not be used under penalty of infringement.
Thus, none of the materials from the site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way.
However, you may download one copy of the documents to a computer for your personal, non-commercial use only, provided that you do not modify the information contained therein and that you keep all copyrights and other proprietary notices intact. Modification of these documents or use of them for any other purpose is an infringement of EKOI's intellectual property rights.
If You have a personal website and wish to place, for personal use, on your website a simple link directly to the home page of the website, You must obligatorily request permission from EKOI. This will in no way be an implied affiliation agreement.
On the other hand, any hypertext link referring to the site and using the framing or in-line linking technique is formally prohibited. In any case, any link must be removed upon simple request from EKOI.
ARTICLE 10 - LIABILITY
EKOI undertakes to ensure the proper functioning of the site, however its liability shall not be incurred for any inconvenience or damage inherent in the use of the Internet network, including a break in service, external intrusion or the presence of computer viruses.
EKOI shall use its best efforts to prevent Customer Reviews that are contrary to legal or regulatory provisions and more generally to these TOS from being accessible on the Site. Customer Reviews are published under the sole responsibility of their authors; EKOI shall not be held responsible for content that it did not author.
ARTICLE 11 - DISPUTES
The TOS are subject to French law. The competent court in case of dispute will be that of the defendant's place of residence.
The site complies with French law, and in no case, EKOI gives any guarantee of compliance with local legislation that would be applicable to you, when You access the site from other countries.