GENERAL TERMS & CONDITIONS OF USE

The use of this Site is subject to the legal notices and these general terms of use (“General Terms of Use”).

MESSIKA reserves the right to modify these General Terms of Use at any time. The amended General Terms of Use shall take effect on the date they are posted on the Site. The General Terms of Use in force at the time the Website is used are those that are enforceable against you.

Please read these Terms carefully before using this Website. The User acknowledges they have been informed of this Website’s General Terms of Use upon visiting the Website. As such, any continued use of the Website represents full acceptance by the user of these Terms of Use.

We recommend that you regularly keep yourself informed of the terms currently in force. You can check the current version of the General Terms of Use at any time by clicking on the “Legal Notice” link.

 

ARTICLE 1: MESSIKA’S PRIVACY POLICY

Any queries related to the processing and protection of personal data collected on the Website are regulated by the provisions of the Privacy Policy (see “Privacy Policy”).

 

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.

MESSIKA does not guarantee that the content of the Website is suitable for all countries in the world or is available for use in every country. Users must ensure that they comply with the regulations applicable in their country, with the understanding that access to the content of the Website may be considered illegal for certain persons or in certain countries. MESSIKA’s waiver of a breach of one of the provisions of the Terms of Use shall not be construed as a waiver of a breach of another provision of the Terms of Use.

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

These General Terms of Use are governed by French law.

If there is any opposition as to the application and/or interpretation of these General Terms of Use, the User may opt to refer the matter for binding mediation proceedings or any other alternative conflict resolution procedure. Any what is known as ‘consumer’ conflict or dispute may be settled amicably by mediation before the CMAP (Mediation and Arbitration Centre of Paris). To refer a matter to a mediator, the Customer may (i) complete the form on the CMAP website: https://www.cmap.fr/?lang=en (English version) in the section “A Consumer” (ii) post an unregistered or registered letter to CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS, or (iii) send an email to consommation@cmap.fr. For all methods of contacting CMAP, timely processing requires that the User’s request contains the following information: postal address, email address and telephone number, MESSIKA’s full name and address, a brief outline of the events, and proof that the matter has already been addressed to MESSIKA.

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.

If an amicable solution cannot be found or mediation proceedings are not chosen, any disputes that may arise as to the General Terms of Use shall be referred to the competent court where the User is domiciled.

The failure of one Party to take action against the other Party for breach of any of its obligations cited in these General Terms of Use shall not be construed as a waiver of that obligation in the future.