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LEGAL MENTIONS
Version of 29/12/2017
Editor:
Welcome to the website: www.messika.com (hereinafter the “Website”) published by the Messika Group (hereinafter referred to as “MESSIKA”), a simplified joint stock company (société par actions simplifiée), with share capital of €1,100,000, having its registered office at 64, rue La Fayette, 75009 Paris – France, entered in the Paris Trade and Companies Register under the number 301 293 999. Its Siret (business registration) number is 301 293 999 000 35 and its EU VAT number is FR 46 552 051 229.
Contact
Email: contact@messika.com
Tel: + 33 1 48 01 96 96
Publication Director: Valérie MESSIKA
Creation, design and development:
Ultranoir – 142, avenue Daumesnil, 75012 Paris.
Contact:
Email: boitenoire@ultranoir.com
Tel: +33 1 42 71 48 36
Website: www.ultranoir.com
Hosting:
NBS System - 8 Rue Bernard Buffet, 75017 Paris
Photo Credits :
Still Life Photos: Alexandre Roberdet
Know-how Photos: Pierre Vérez
Photos of Models: David Ferrua / Raphaël Scemama / Pierre Vérez
Baselworld Photos: Pierre Vérez
Advertising Campaign Photos: Mert & Marcus
Jewellery Photos: Studio 36 / Laurent Boeki
Use of this Website is subject to these legal notices and general terms and conditions of use (“General Terms and Conditions of Use”).
MESSIKA reserves the right to modify these General Terms and Conditions of Use periodically. The modified General Terms and Conditions of Use will take effect on the date they are posted on the Website. The General Terms and Conditions of Use in force at the time the Website is used are those which are enforceable against you.
Please read these Terms and Conditions carefully before using this Website. The user acknowledges having been informed upon accessing this Website of the existence of the Website’s General Terms and Conditions of Use. Consequently, any continued use of the Website signifies the user's full acceptance of these General Terms and Conditions of Use.
We advise you to stay regularly informed of the current terms and conditions. You may consult the latest version of the General Terms and Conditions of Use at any time by clicking on the “Legal Notices” link
ARTICLE 1: MESSIKA’S PRIVACY POLICY
Issues relating to the processing and protection of personal data gathered on the Website are governed by the provisions of the Privacy Policy (see “Privacy Policy”).
ARTICLE 2: GENERAL TERMS AND CONDITIONS OF SALE
Consumers buying products online should review the General Terms and Conditions of Sale governing these purchases (see “General Terms and Conditions of Sale”).
ARTICLE 3: INTELLECTUAL PROPERTY RIGHTS
The component parts of this Website are protected by French and international legislation on copyright and intellectual property. The intellectual property rights over the component parts of this Website, in particular the trademarks, models, logos and other distinctive marks, are the exclusive property of MESSIKA. Consequently, any partial or total reproduction of the component parts of this Website is strictly prohibited without MESSIKA’s prior written authorisation. The reproduction of certain component parts of the Website is solely authorised for information purposes only and for personal and private use, with any reproduction or use of copies for other purposes being expressly prohibited.
The “MESSIKA” trademark, together with all trademarks, figurative or otherwise, and more generally all other trademarks, illustrations, images and logos featured on MESSIKA articles, their accessories or packaging, whether protected by copyright or not, are and shall remain the exclusive property of MESSIKA. Any total or partial reproduction, modification or use of these trademarks, illustrations, images and logos, for any reason and on any medium whatsoever, without MESSIKA’s express and prior consent, is strictly prohibited. The same applies to any combination or conjunction with any other trademark, symbol, logo and, more generally, any distinctive mark intended to form a composite logo. This shall also be the case for any copyright, designs and patents which are the property of MESSIKA.
The use of all or part of the Website, including downloading, reproduction, transmission or representation, for purposes other than personal and private use for non-commercial purposes is strictly prohibited. Any person who breaches these provisions shall be liable to the penalties stipulated in both the French Intellectual Property Code with regard, in particular, to copyright infringement (Article L. 335-1 et seq.) and trademark infringement (Article L. 716-1 et seq.), and the French Civil Code with regard to civil liability (Articles 1382 et seq.).
ARTICLE 4: LINKS
Under no circumstances is MESSIKA responsible for hypertext links to other websites from the Website. The creation of hypertext link to the Website is subject to authorisation by MESSIKA. The creation of a deep hypertext link to MESSIKA’s Website, or a hypertext link using the framing technique, is prohibited.
ARTICLE 5: USER OBLIGATIONS
The user undertakes to not a) misuse or permit the misuse of the Website, for unlawful, fraudulent or malicious purposes, including but not limited to: (i) hacking the Website or entering a malicious code, including viruses, or harmful data into the Website or any operating system; (ii) using a spider or any other system, device or program (automated or otherwise) to extract data or information from the Website or from MESSIKA’s servers; (iii) sending or storing documents containing viruses, worms, Trojan horses or other codes, files, scripts, agents or harmful computer programs; (iv) interfering with, or undermining, the integrity or performance of the Website and the data it contains; (v) trying to obtain unauthorised access to the Website, to its systems or associated networks; (vi) trying to gain unauthorised access to the accounts or personal information of other users.
ARTICLE 6: LIMITATION OF LIABILITY
Subject to the provisions specific to online sales and consumer law, MESSIKA cannot be held liable for any direct or indirect damage that might arise from the use of the Website, including inaccessibility, loss of data, damage, destruction or viruses that could affect the users’ computer equipment and/or the presence of viruses on the Website. In this regard, the user declares that they accept the characteristics and limitations of the Internet. MESSIKA does not guarantee that the content of the Website is appropriate or available for use in every country of the world. Users should ensure compliance with the regulations applicable in their country, on the understanding that access to the content of the Website could possibly be considered illegal for certain persons or in certain countries. MESSIKA’s waiver of the right to claim infringement of any one of the provisions of the Terms and Conditions may not be construed as a waiver of the right to claim infringement of any other provision of the said General Terms and Conditions of Use.
This limitation of liability shall apply to the fullest extent permitted by law.
ARTICLE 7: MAINTENANCE, AVAILABILITY
MESSIKA shall do its utmost to maintain a reasonable level of functioning and availability of the Website. MESSIKA reserves the right, at any time and without prior notice, to limit access to the Website and its use by the user in order to carry out maintenance operations or to make changes. MESSIKA cannot be held liable where access is interrupted as a result of these maintenance or update operations.
ARTICLE 8: APPLICABLE LAW - DISPUTES
These General Terms and Conditions of Use are governed by French law.
Should any dispute arise in relation to the application and/or interpretation of these General Terms and Conditions of Use, the User may have recourse to contractually-agreed mediation proceedings or to any other method of alternative dispute resolution. Any so-called consumer disagreement or dispute may be resolved amicably via mediation conducted by CMAP (Paris Centre for Mediation and Arbitration). In order to submit a dispute to the mediator, the Buyer can (i) fill out the form published on the CMAP website: www.cmap.fr, tab “you are: a consumer”, (ii) send their request by simple letter or registered letter to CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS, or (iii) send an email to consommation@cmap.fr. Whatever the method used to refer to CMAP, the User’s request must contain the following in order to be processed quickly: their postal, email and telephone contact details as well as MESSIKA’s full name and address, a brief description of the facts and evidence confirming that they first tried to solve the dispute with MESSIKA.
The User remains free to accept or decline such recourse to mediation and, if recourse is made to mediation, each party remains free to accept or decline the solution suggested by the mediator.
If no amicable solution can be reached and no recourse is made to mediation, all disputes potentially generated by the General Terms and Conditions of Use shall be submitted to the jurisdiction of the competent court of the User’s place of residence.
If either Party decides not to take action against the other Party in the event of a breach of any one of its obligations set out within these General Terms and Conditions of Use, this may not be interpreted for the future as a waiver of the obligation in question.