GENERAL TERMS & CONDITIONS OF USE
ARTICLE 2: GENERAL TERMS AND CONDITIONS OF SALE
Customers purchasing products online should read the General Terms and Conditions of Sale that govern the terms and conditions of such purchases (see “General Terms and Conditions of Sale”).
ARTICLE 3: INTELLECTUAL PROPERTY RIGHTS
The content of this Website is protected by French and international legislation on copyright and intellectual property. The intellectual property rights of the material on this Website, in particular the brands, models, logos and other distinctive features, are the exclusive property of MESSIKA. Consequently, any partial or total reproduction of the elements of this Website is strictly forbidden without prior written authorisation from MESSIKA. The reproduction of certain elements of the Website is only authorised for the exclusive purpose of information for personal and private use, any reproduction or use of copies made for other purposes is expressly prohibited.
The brand "MESSIKA” and all graphic or non-graphic trademarks, and more generally any other marks, illustrations, images and logos that appear on MESSIKA Items, their accessories or their packaging, whether or not they are trademarked, are and shall remain the sole property of MESSIKA. Any full or partial reproduction, modification or use of these marks, illustrations, images and logos for any purpose whatsoever and on any media whatsoever is strictly prohibited without MESSIKA's prior written consent. This equally applies to any combining or merging with any other marks, symbols or logo, and more generally any distinctive sign used to create a composite logo. This also holds true for all copyrights, designs and models, and patents owned by MESSIKA.
The full or partial use of the Website, namely by means of downloading, reproducing, transmitting or representing for other than personal, private and non-commercial purposes is strictly forbidden. Any violation of these provisions is subject to the penalties set forth in both the Intellectual Property Code namely with respect to copyright infringement (Article L.335-1 and following) and trademark law (Article L.716-1 and following) and the Civil Code with respect to civil liability (Articles 1382 and following).
ARTICLE 4: LINKS
MESSIKA is in no way responsible for the hyperlinks from the Website to other websites.
The creation of any hyperlinks to the Website is subject to the prior consent of MESSIKA.
The creation of a deep hyperlink to the MESSIKA website or a hyperlink using framing techniques is prohibited.
ARTICLE 5: USER OBLIGATIONS
The user agrees to not a) use or allow the use of the Website in an abusive manner, for illicit, fraudulent or malicious purposes, and in particular, without this being an exhaustive list: (i) by hacking the Website or introducing malicious code, including viruses, or harmful data into the Website or any operating system; (ii) by using a spider or any other system, device or program (automated or otherwise) to retrieve data or information from the Website or MESSIKA's servers; (iii) by sending or storing any material that contains viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs (iv) interfering with or impairing the integrity or performance of the Website and the data contained therein; (v) attempting to gain unauthorised access to the Website, its related systems or networks; (vi) attempting to gain unauthorised access to other users' accounts or personal information.
ARTICLE 6: LIMITATION OF LIABILITY
Subject to the specific regulations for online sales and consumer law, MESSIKA cannot be held liable for any direct or indirect damages that may result from the use of the Website, which includes inaccessibility, data losses, damage, destruction or viruses that may affect the user’s computer device and/or the presence of a virus on the Website. The user hereby agrees to accept the characteristics and limits of the internet.
This limitation of liability applies to the fullest extent permitted by law.
ARTICLE 7: MAINTENANCE, AVAILABILITY
MESSIKA will endeavour to maintain a reasonable level of operation and availability of the Website. MESSIKA reserves the right at any time, without prior notice, to limit access to and use of the Website by the user in order to carry out maintenance operations or to make changes. MESSIKA shall not be held responsible for any interruption of access due to these maintenance or updating operations.
ARTICLE 8: GOVERNING LAW - DISPUTES
It is entirely up to the User whether to agree to or refuse mediation proceedings and, if mediation is chosen as a remedy, both parties are free to agree to or refuse the mediator's decision.