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GENERAL CONDITIONS OF USE Ekoï Sport Optical

Updated : February 15, 2021

1. PREAMBLE

These conditions of use are concluded between any Internet user of the website (hereinafter referred to as "the User") and the "EKOI Sport Optical" site, operated by SAS JCR at capital of 9,600.00 Euros, registered with the RCS of Fréjus under number 440 327 518 and which registered office registered office is located : 1090 avenue des lions, Pôle Capitou Nord, 83600 FREJUS ; hereinafter referred to as "the Site" or “EKOI SPORT OPTICAL”.

The "EKOI Sport Optical" website means the website accessible mainly from the URL https://www.ekoisportoptical.com and allowing Users to benefit from the features described in article 2.

Ekoi Sport Optical restricts the use of its Site to only Users with the individual quality and using it regularly. Use of or hijacked access to the Site is strictly prohibited for any natural or legal person using the Site for professionals or as part of an ancillary professional activity.

For the hereof purposes, the term "Use" includes all the operations carried out by the Internet user upon accessing the Site, including his simple consultation, regardless of the device access (in particular, computer, tablet and smartphone), the type of connection (private connection, third-party connection or public Wi-Fi) and the place of connection (from France or abroad).

Use of the Site implies unreserved acceptance of these general conditions by the user. These conditions are subject to change. Therefore, it is understood that applicable conditions are those in force on the Site at the time of its use.

2 - FEATURES OFFERED BY THE SITE

The Site allows the User :

- To discover the articles and services offered by SAS JCR ;

- Make purchases in accordance with the terms set out in the General Terms and Conditions of Sale (GTC) of

Site ;

- To contact an optician using a form by selecting "contact an optician" - To access the FAQs and support sheets related to corrective optical products.

The list of features is provided for guidance only. The Site reserves the right to add or delete it, temporarily or permanently, without the User's consent.

3 - CONDITIONS OF USE OF THE SITE

3.1 The Site is reserved to adults with status of private individual as well as minors holders of parental consent. In any case, EKOI Sport Optical encourages any person responsible for a minor to control the use of the Site by the latter.

3.2 Access to the products offered by the Site is subject to the creation of an Account requiring the communication, by the User, of information allowing his identification. With regard to provisions of the Law for Confidence in the Digital Economy (LCEN) of 21 June 2004 as amended, EKOI Sport Optical has a legal obligation to collect and store this data identification and health. The User agrees to transmit accurate and complete data on his identity and optical correction and refrains from usurping the identity of any third party ; Otherwise, the Site keeps the right not to confirm, to suspend or delete the account.

4 - DEPOSIT OF CONTENT ON THE SITE

4.1 In order to validate the internet user's quote, EKOI Sport Optical offers various services and permanent modules to deposit information on the Site - notably via the "Import my order". For the purposes hereof, is defined as "information", any element deposited by the User on the Site, such as text, comment, image, photo, or any type of file whatsoever information or form.

4.2 The User is responsible for anything that may happen in his name and from his terminal computer. The User agrees to immediately notify EKOI Sport Optical, in the event that he would have reason to believe that his nickname or email address is, or may be,6 - INTELLECTUAL PROPERTY known by a non authorized person to use it. Ekoi Sport Optical declines all responsibility in the event of use personal data of a User by an unauthorized third party.

4.3 The Site may only be used for personal and non-commercial purposes. The User cannot under no circumstances communicate commercial information or carry out any trade on the Site, in any form and for any purpose.

5 - BEHAVIOR ON THE SITE

In particular, the User is prohibited from :

- Committing any illegal act ;

- Extract or collect personal data from users of the Site by any means ;

- Extract, save or use, for purposes other than the display only when browsing the this Site, the information of third parties subject to intellectual property rights, relating to the life privacy, personal data or image rights ;

- Store, disseminate or publish any illegal, harmful, abusive, racist, hateful content, revisionist, contrary to morality, infringing on privacy or undermining infringement of the private rights of third parties, in particular the right to the image of persons and goods, intellectual property rights or the right to respect for private life.

- Store, distribute or publish any information allowing to reveal, directly or indirectly, his political, philosophical or religious opinions, his trade union membership, his health state or sexual orientation ;

- Submit information on behalf of a third party ;

- Impersonate a third party and / or publish any personal information of a third party ;

- Store, distribute or publish any content that may directly or indirectly affect to the interests of SAS JCR.

In general, the User undertakes to refrain from any behavior contrary to sports ethics or the values ​​and interests of SAS JCR.

6 - INTELLECTUAL PROPERTY

6.1 Content published by the EKOI SPORT OPTICAL website.

The Content on the Ekoi Sport Optical site is subject to property rights and protected under intellectual property, in particular copyrights, designs, brands, names of domain, patents, know-how, software or databases. SAS JCR remains the owner of all of this information and associated rights.

On this information, SAS JCR grants Users a limited, non-exclusive license, revocable, without the right to sub-license for simple access, navigation and use linked to the Site. This license does not grant Users any other rights, in particular any rightscommercial exploitation of this Information.

6.2 Information published by Users.

All information (including texts, comments, files, images, photos, videos, works, etc ...), possibly subject to property rights, intellectual property, right to the image or other private right remain the property of the User, subject to limited rights granted by the license defined below to SAS JCR or the application, on a case-by-case basis, other special conditions previously accepted for specific services potentially available on the sites of SAS JCR.

Users are free to publish or not such information on the Site, in particular via the "contact an optician" service. They

recognize, undertake and guarantee to have all the rights and authorizations necessary for such publication on the Site, in particular under the legislation in force and rights to respect for private life, property, intellectual property, image, contracts or of any other nature.

By such publication on the Site, Users are aware of committing their responsibility as publisher of the Content within the meaning of the law, and agree on the said information, for the entire duration of publication, to JCR, a non-exclusive, free, worldwide license, including reproduction, representation, loading, display, performance, transmission rights, storage, as well as to sub-license, in particular to its technical and other partners Users of the Site.

7 - RESPONSIBILITY

7.1 Responsibility of EKOI SPORT OPTICAL

7.1.1 The consultation and use of the EKOI SPORT OPTICAL site is carried out under the responsibility of the user. The Site may host links to third party sites. By clicking on these links, the User acknowledges that Ekoi Sport Optical cannot guarantee the content of these, and therefore accepts access at their own risk. Consequently, Ekoi Sport Optical cannot be held responsible of damage resulting from access and / or use of the Site and the information it contains. The User is also informed that Ekoi Sport Optical may have to interrupt temporarily access to the site for technical reasons, in particular for reasons of its maintenance. The User accepts these interruptions and waives any complaint in this regard.

Use of the Site by the User implies knowledge and acceptance of the characteristics and the limits of technologies inherent in the Internet, in particular with regard to response to consult or query the server hosting the Site, technical performance, risks of interruption and, more generally, any risk incurred during data transmission.

Consequently, EKOI SPORT OPTICAL and, more generally, the company SAS JCR cannot be held responsible, without this list being exhaustive :

- Any information consulted on the Site which is not put online by Ekoi Sport Optical

- Any malfunction of the network preventing the proper functioning of the Site

- Loss of any data

- Malfunction of any software

- The consequences of any computer virus, bug, anomaly or failure

- Any damage caused to the computer of the user.

7.1.2 The activity of EKOI Sport Optcial is limited to putting Users in touch with an optician and to host the information published by them. In its capacity as host, within the meaning of Article 6.I.2 of Law for confidence in the digital economy of June 21, 2004 as amended, Ekoi Sport Optical cannot be held liable for the activities or content stored on its Site.

The Ekoi Sport Optical's liability is limited to that provided for in Articles 6.I.2. and following of the above Law.

The Site may therefore remove any illegal or clearly illegal content without prior warning, notice, in accordance with the provisions of Article 6.I.3 of the said Law.

Consequently, EKOI Sport Optical is not required to exercise a priori control over the quality, safety, the veracity or legality of the Content posted by Users.

7.2 Responsibility of the User

7.2.1 By using the Site, the User agrees to release SAS JCR from liability and to guarantee it against any damage, costs and expenses, direct and indirect, arising from :

- Any claim by a third party concerning any content filed in its name, in particular for violation of rights to the content published by the User on the Site or press offenses in report with the elements sent or published on the Site;

- Any activity relating to participation on the Site contrary to these general conditions, including understood for a fraudulent purpose ;

- Violation of these Site Terms of Use.

8 - DELETION OF INFORMATION POSTED BY USERS

8.1 EKOI Sport Optical may terminate any registration and / or delete any profile and / or any content and / or any information published on the Site and / or prohibit the use and / or access to the Site, from knowledge of non-compliance by the User with these general conditions of use or for technical reasons. This modification or deletion may be made without notice, without prior notification or warning, at any time and at the sole discretion of Ekoi Sport Optical.

8.2 The User also has the option of deleting the information posted on the Site.

To do this, he must contact the SAV of the SAS JCR company who will send to the optician, only person authorized to access these data.

This request must be accompanied by information allowing identification of said information namely : surname, first name, email address used when submitting the content, year of deposit.

Any justified and legitimate request will be processed as soon as possible by Ekoi Sport Optical without that the latter cannot guarantee an immediate deletion of access to the information, the User recognizes that Ekoi Sport Optical cannot engage any responsibility in this regard, in particular because of the time required to process his request, technical constraint or of material impossibility to answer them in particular in the event that the information has been taken over by third.

9 – INTEGRALITY

If one or more stipulations of the general conditions of use are declared null or lapsed by application of a law, regulation or following a court decision or administrative final, the other stipulations will retain their force and scope. Ekoi Sport Optical will make its best efforts to proceed as soon as possible to its replacement by a valid stipulation and closest to those hereof. The fact that one of the parties does not required the application of any clause of these conditions, either permanently or temporary, can in no case be considered as a waiver of said clause.

10.0 - APPLICABLE LAW / DISPUTES

For these general conditions of use French law will apply.

11 - Data Hosting

Host (hereafter “the host”): AZNetwork, a simplified joint-stock company with a capital of € 1,130,000, whose head office is located at 40 rue André Ampère - 61000 Alençon (France), RCS Alençon 423 880 061, number SIREN 423 880 061,
Phone number: + 33 2 33 32 12 47
Email address: [email protected]

Publisher (hereinafter "the publisher"): Terascop, a simplified joint-stock company with capital of 78,436 euros, whose registered office is located at 5 esplanade Compans Cafferelli, 31000 Toulouse (France), RCS Toulouse B 835 039 967, SIREN number 835 039 967, represented by Mr. Vianney Descamps, in his capacity as Chairman,
Telephone number: 0582957410
Email address: [email protected]
Director of publication: Mr. Vianney Descamps
 

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