The EKOI website, accessible by computer, tablet and cell phone ("site"), is produced by the company JCR, LLC, capital: €10,940, registered office: 19 via nova – 83600 Fréjus France, and entered in the Commercial Register under SIRET number 440 327 518 00096, EU VAT number FR94 440327518 ("EKOI").
Publication Director: Jean Christophe RATTEL
Telephone: +33 (0)188.8.131.52.86
Email : firstname.lastname@example.org
The site is hosted by XXX – located at XXXX
CLAUSE 1 - OBJECT:
Their principal aim is to define the conditions under which You can:
- access and use the site.
- publish comments ("Customer Feedback") about the products sold on the site.
By using the site, You acknowledge that you have read and agree to abide by the TOU.
EKOI reserves the right to modify the TOU at any time. Any modifications will become applicable as soon as they are posted online. For this reason, we encourage You to review the TOU regularly.
CLAUSE 2 - SITE ACCESS:
The site is open to any web user or cell phone user who meets the conditions specified in Clause 1, subject to having access to the Internet.
However, creation of a customer account is required should You wish to place an order on the site. If this is the case, please review the Terms of Sale (TOS).
CLAUSE 3 - CUSTOMER ACCOUNT:
Your customer account lets you:
- access and update your personal data and payment methods.
- track your current orders and review your order history.
- review any promotional offers available to You.
- update your subscription to our newsletter.
By proceeding with the creation of your customer account, You agree to provide correct, complete and up-to-date information.
It is stipulated that You are responsible for your login information (email address or customer number and password). You must keep this information confidential, and notify EKOI customer service immediately of any fraud or hacking.
To delete your client account, we ask that You contact EKOI customer service in accordance with the provisions listed in "Your access, modification and deletion rights" under the "Personal Data" tab on the site. It is stipulated that, according to the rules governing personal data use, EKOI may also delete any customer account that has no pending orders.
CLAUSE 4 - CUSTOMER FEEDBACK:
EKOI has implemented a system of collecting and posting Customer Feedback on its website that
- helps users compare Products and select the best Product, and
- allows EKOI to adjust the Product selection and improve quality.
Each Customer Feedback post also includes a rating of between one (1) and five (5) stars. A general grade is then given to the Product concerned which corresponds to the mathematical average of all online Customer Feedback concerning the Product.
Only Customers who have placed orders may give their opinions on the Product ordered or on the selected Vendor.
4.3 Identification of Customer Feedback authors
In order to leave Customer Feedback, You must first select a pseudonym with a minimum of four (4) characters.
Never share your true identity, or any of your other personal data, via Customer Feedback. If You do include such information, it is with the understanding that it will be disseminated publicly on the site and be accessible to all users. EKOI cannot be held liable for any such dissemination.
4.4 Access to Customer Feedback
Customer Feedback appears online a maximum of five (5) business days after the Customer Feedback is submitted via the form, subject to the provisions related to moderation.
Customer Feedback remains accessible on the site for as long as the Product in question is available on the site, unless changes are made to the Product's main characteristics that render the Customer Feedback obsolete.
By posting Customer Feedback, You acknowledge and accept that it (i) will appear publicly on the site and will be accessible to all users, including web users not visiting the site who may find it listed on search engines, and (ii) may be used by EKOI in any form or medium to promote its Products, its Customer Feedback system, and/or the site in general (newsletter mailings, etc.).
CLAUSE 5 - CUSTOMER FEEDBACK AUTHOR RESPONSIBILITIES:
Thanks to Customer Feedback, all users can see the ratings given to a Product (its qualities and shortcomings) by other users. With this in mind, You agree to:
- post useful Customer Feedback, meaning that it should either help other users compare Products and select the best Product or help EKOI adjust the Product selection and improve quality.
- provide truthful, pertinent information that:
- has to do with the actual Product referenced in the Customer Feedback (its qualities and essential characteristics), not services related to the Product such as delivery, payment or returns. If necessary, please contact EKOI's customer service department at +33 (0) 800 30 30 99, Monday - Friday, from 8:00am to 7:00pm.
- relates only to the Product for which the Customer Feedback is being left.
avoid using language that is incomprehensible, unintelligible, and/or has no meaning. Do not post Customer Feedback in a foreign language (any language other than that of the site being used).
Furthermore, the contents of the Customer Feedback post must not:
- break any applicable laws or regulations;
- offend public order and decency, including but not limited to posts that are violent, hateful, injurious, degrading, defamatory, or vulgar;
- violate intellectual or industrial property rights, personality rights, or any other rights held by a third party;
- comment inappropriately on another Customer Feedback post or its author;
- include personal or sensitive data;
- include hyperlinks;
- be promotional in nature or mention another company;
- or include computer viruses, spyware, or other malware.
CLAUSE 6 - CUSTOMER FEEDBACK MODERATION:
EKOI engages in moderation. This means that all Customer Feedback is evaluated before it is posted on the site.
As such, EKOI reserves the right to delete, at its discretion, any Customer Feedback that specifically violates the provisions of Clause 5 or, more broadly, these TOU and/or French and European law.
Moderation is performed indiscriminately on all Customer Feedback, whatever its content, within a maximum delay of five (5) days from submission of the Customer Feedback.
If your Customer Feedback is not posted, You can write new Customer Feedback on the Product or Vendor concerned in compliance with these TOU.
Once your Customer Feedback is posted, You will not be able to modify it.
It is stipulated that EKOI has the right to reply to all posted Customer Feedback. EKOI may also choose to contact you regarding your Customer Feedback as part of its customer service follow-up.
CLAUSE 7 - REPORTING MISUSE:
You can contact us directly at any time to report any Customer Feedback that may violate your rights and/or breach the TOU. Should you do so, that Customer Feedback will be temporarily removed from the site until it has undergone additional review by our moderation team.
CLAUSE 8 - PERSONAL DATA:
Personal data collected on the site will be subject to data processing. For more information on this subject, please visit the "Protection of Personal Data & Cookies" page on our site.
CLAUSE 9 - INTELLECTUAL PROPERTY:
All elements of the site, both visual and auditory, including their underlying technology, are protected by copyright, branding, or patent. In addition, all brands, logos, designs and models appearing on the site are the exclusive property of EKOI. Their dissemination should in no way be interpreted as according any type of license or usage rights for those brands or any other distinctive elements protected by copyright. Any use of these elements will result in charges of piracy.
No documents from the site may be copied, reproduced, republished, downloaded, posted, transmitted or distributed in any way whatsoever.
However, it is permissible to download a copy of a document to a computer for personal use, uniquely for non-commercial purposes, as long as the information contained therein is not modified and the copyrights and other proprietary notices remain intact. The modification of these documents, or their use for any other purpose, constitutes an infraction of EKOI's intellectual property rights.
If You have your own website and would like to add, for personal use, a basic link from your website to the homepage of the EKOI site, You must obtain permission from the EKOI company. There is absolutely no implicit agreement of affiliation.
Inline linking to or framing of the site in any way is expressly prohibited. Links of any kind must be removed upon EKOI's request.
CLAUSE 10 - RESPONSIBILITY:
EKOI undertakes to maintain the site in good working order, however EKOI is not liable for damages and inconveniences inherent to Internet use such as service failure, external intrusion, or the presence of computer viruses.
EKOI will do its best to ensure that no Customer Feedback that violates legal or regulatory provisions or, more broadly, these TOU is accessible on the site. Customer Feedback is posted under the sole responsibility of its author. EKOI cannot be held liable for any content written by other parties.
CLAUSE 11 - DISPUTES:
These TOU are subject to French law. In case of dispute, the court having jurisdiction will be that of the defender's place of residence
The site is in compliance with French legislation. EKOI does not guarantee under any circumstances that the site is in compliance with your local legislation if You are accessing the site from another country.