General Conditions of Use

Please read the various terms and conditions of use set out below carefully. These govern the technical, practical and legal terms and conditions of use of the website accessible at www.aroma-zone.com (the "Site") which you (hereinafter "You" or the "User") are currently visiting. These terms and conditions should be read in conjunction with Aroma-Zone's General Conditions of Sale (the "GTS") and Privacy Policy.

The Site is an information and e-commerce site accessible via the internet and open to all users of this network. It is published by HYTECK AROMA-ZONE (hereinafter the "Company"), a public limited company with capital of 68,604.61 euros, whose registered office is located at 25, Rue de l'Ecole de Médecine, registered in the Paris Trade and Companies Register under number 334,806,502.

The purpose of these General Conditions of Use (the "Conditions" or "GCU") is to define the terms and conditions governing the relationship between Users and the Company. These Conditions constitute a contractual Contract for an indefinite period from the date of acceptance by the User of these GCU (the "Contract").

Each time the User visits the Site, they undertake to comply with all of these Terms and Conditions without reservation. Consequently, the User acknowledges having read the Terms and agrees to be bound by these provisions.


Article 1: Acceptance of the General Conditions of Use


The User acknowledges that they accept these General Conditions of Use (the "GCU") unreservedly the first time they log into the Site. The simple fact of accessing and using the Site means that the User acknowledges having read, understood and accepted these GCU. These GCU apply to all visits to and use of the Site.


Article 2. Presentation of the Site and Products


Access to the Site is free and allows Users to obtain information about Aroma-Zone's activities. Users who do not have a customer account (the "Account") can only access a limited part of the Site.

Part of the Site is reserved for Users with an Account. The parts of the Site reserved for Users with an Account offer, in particular, the purchase of products (the "Products").

The Company endeavours to provide information on the Site that is as accurate and complete as possible. However, the information on the Site is not exhaustive. All information on the Site is given for guidance only and is subject to change or development without notice.


Article 3: Use of the site



3.1 General Conditions of Use

To browse and use the Site, the User must be a natural person aged 18 or over and have full legal capacity.

The General Terms of Sale appearing on the Site and communicated to the User prior to placing an order govern all orders placed on the Site. The User is obliged to read them carefully before placing any order.


3.2 Account creation

Creating a member account ("Account") on the Site is a prerequisite for ordering Products. The User must complete the registration form available on the Site, providing accurate, up-to-date and complete information. This information must subsequently be regularly updated by the User in order to maintain its accuracy.

The ID for accessing the Account will be the User's e-mail address. To log in, the User must choose a password. Access codes to the User's Account are strictly confidential. It is the User's responsibility to take the appropriate measures to ensure the secrecy of these codes. In the event of unauthorised use of their account or any breach of the confidentiality and security of their means of identification, Users must inform the Company immediately.

Each User undertakes to create only one account corresponding to his/her profile.


Article 4: Use of the Site



4.1 Right of access to the Site

Under these Terms and Conditions, the Company grants Users a limited, revocable, non-exclusive, non-transferable right of access to the Site on a strictly personal basis. Any use of the Site contrary to its purpose is strictly prohibited and constitutes a breach of these provisions.

Use of the Site, whether web-based or mobile, requires an Internet connection and browser.

All hardware and software required to access the Site and use the Services are the sole responsibility of the User.

The Company reserves the right to suspend, modify, replace, refuse access to or delete User accounts at its own discretion.


4.2 Obligations of Users

Users undertake not to:

  1. transfer, publish, distribute, record or destroy any material, in particular the contents of the Site, in breach of the laws or regulations in force concerning the collection, processing or transfer of personal information;

  2. create fictitious profiles

  3. provide inaccurate information in the form or failing to update it regularly;

  4. disseminate data, information or content of a defamatory, abusive, obscene, offensive, violent or inciting to violence nature, or of a political, racist or xenophobic nature and, in general, any content that is contrary to the laws and regulations in force or to accepted standards of behaviour;

  5. refer or create links to any content or information available on the Company's sites, without the Company's express prior written consent;

  6. obtain passwords or personal identification data from other Users;

  7. use information, content or any data present on the Site in order to offer a service considered, at the Company's sole discretion, as competing with the Site;

  8. sell, exchange or monetise information, content or any data present on the Site or service offered by the Site, without the express written consent of the Company;

  9. reverse engineer, decompile, disassemble, decipher or otherwise attempt to obtain the source code in relation to any underlying intellectual property used to provide all or part of the Services;

  10. use any manual or automatic software or devices, robots or other means to access, explore, extract or index any page of the Site;

  11. endanger or attempt to endanger the security of any page of the Site. This includes attempts to monitor, scan or test the vulnerability of a system or network or to breach security or authentication measures without express prior authorisation;

  12. counterfeit or use the Company's products, logos, trademarks or any other elements protected by intellectual property rights;

  13. simulate the appearance or operation of the Site, for example by using a mirror effect;

  14. disrupt or disturb, directly or indirectly, the Site or the Services, or impose a disproportionate load on the Site's infrastructure or attempt to transmit or activate computer viruses via or on the Site.


You are reminded that breaches of system or network security may lead to civil and criminal proceedings. The Company verifies the absence of such violations and may call upon the legal authorities to prosecute Users who have participated in such violations.

Users undertake to use the Site in a fair manner, in accordance with its purpose and the legal and regulatory provisions, these Terms and Conditions and current practices.


Article 5: Intellectual property


The Company retains full ownership of its intellectual property rights relating to the Site and, subject to third party rights, to the Products.

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, illustrations and computer code (collectively referred to as the "Content"), including the design, structure, selection, coordination, expression, look and feel, presentation and arrangement of such Content, appearing on the Site is owned and controlled by the Company, with the exception of trademarks, logos or content belonging to other partner companies or authors. The Content is protected by legislation on trade dress, copyright and trademarks, and various other applicable laws on intellectual property and unfair competition.

Except as expressly provided in these General Conditions of Use, no portion of the Site or any Content may be copied, reproduced, republished, downloaded, published, publicly displayed, encoded, translated, transferred or distributed in any way (including "mirroring") on any other computer, server, website or medium for publication or distribution, or for any commercial enterprise whatsoever, without the prior written consent of the Company.

In the event that the Company is called into question, on any grounds whatsoever, in any country whatsoever, by a third party on the basis, in particular, of industrial and/or intellectual property rights relating to an element placed online or supplied by a User, the User undertakes to fully indemnify the Company against the direct and/or indirect economic and financial consequences (including the costs of proceedings and defence) arising from these claims.


Article 6: Personal data



6.1 Data collected

As a general rule, Users are not required to disclose their personal data when visiting the Site.

However, there are certain exceptions to this principle. In order to create an Account and place an Order, certain personal data may be required, such as your surname, first name, physical address, e-mail address and telephone number. In all cases, it is possible to refuse to provide personal data, however, it will not be possible to use all of the Site's services, in particular that of requesting the creation of an account and placing an order.

This data is collected under the conditions detailed in the Personal Data Charter available on the Site.

Finally, the Company may automatically collect certain information concerning the User when they simply browse our website, in particular: information concerning the use of our site, such as the areas visited and the services accessed, the IP address, the type of browser and the access times. Such information is used exclusively for internal statistical purposes, in order to improve the quality of the services offered. Databases are protected by the provisions of the Act of 1 July 1998 transposing Directive 96/9 of 11 March 1996 on the legal protection of databases.


6.2 Cookies

The Company uses cookies, which can be defined as text files that may be stored on a terminal when an online service is consulted using a browser. A cookie file enables its sender, during its period of validity not exceeding 6 months, to recognise the terminal concerned each time this terminal accesses digital content containing cookies from the same sender. However, it is possible to deactivate the use of cookies by modifying the User's preferences in their internet browser. In this case, certain functions of the Site may no longer function.


Article 7: Liability



7.1 Use of the Site

The Company makes every effort to ensure that the Site is accessible at all times, 24 hours a day, 7 days a week. Nevertheless, access to all or part of the Site's services may be interrupted or suspended, temporarily or permanently, for the purposes of maintenance and/or corrective action and/or in the event of difficulties linked to electronic communication networks.

The Company may not be held liable for interruptions or suspensions of access to the Site, errors and bugs, the presence of viruses or other computer infections, fraudulent intrusion by a third party leading to a modification of the information made available on the Site and, more generally, in the event of force majeure or an event beyond its control, as well as the consequences thereof for the User and, more generally, for any damage, direct or indirect, whatever the cause, origin, nature or consequences, caused as a result of access by any person to the Site or the impossibility of accessing it, as well as the use of the Site and/or the credit given to any information originating directly or indirectly from the latter.

Any content consulted or downloaded is done so at the user's own risk and under his/her sole responsibility. Consequently, the Company may not be held liable for any damage to the User's computer or for any loss of data resulting from downloading. In addition, Users of the site undertake to access the site using recent, virus-free equipment with the latest generation browser.

Users are strongly advised to take all necessary precautions to protect themselves against the effects of piracy, in particular by adopting a secure computer configuration that is adapted by installing regularly updated virus detection software.

The Company may not be held liable for any malfunction, contamination of your computer equipment during or after your browsing on the Site, inability to access or poor condition of use attributable to such equipment, the Internet access provider, Internet network congestion and/or any other reason beyond the Company's control. It also goes without saying that the costs of electronic or telephone communications incurred by the use of this equipment are the sole responsibility of the User and will not be borne by the Company.


7.2 Information provided

The information contained on this site is as accurate as possible and the Site is updated at different times of the year, but may nevertheless contain inaccuracies or omissions. If You notice a gap, error or what appears to be a malfunction, please report it using the After-Sales Service contact form, describing the problem as precisely as possible (page causing the problem, type of computer and browser used, etc.).

The Company will use its best endeavours to ensure that the information provided on the Site is accurate and up-to-date, but this information is provided for information purposes only. It may be subject to error, omission or obsolescence. Under no circumstances may it be assimilated, in any way whatsoever, to advice or decision-making assistance. Users therefore acknowledge that they interpret and/or use this content and data at their own risk. The Company may not be held liable for any direct or indirect damage arising from their use or interpretation.

In their contacts with the Company, Users must ensure that the information and documents provided are accurate and complete. In the event of error or omission, the User will inform the Company as soon as possible.


7.4 General provisions

The Company makes no representations or warranties regarding the Site, including that access to the Site will be uninterrupted or error-free and provides the services (including the content and information) on an "as is" and "as available" basis. To the fullest extent permissible pursuant to applicable law, the Company disclaims all implied or statutory warranties, including all implied warranties of title, accuracy of data, non-infringement, merchantability or fitness for a particular purpose.

To the fullest extent permitted by law, the Company shall have no liability arising hereunder or from any relationship with any User for lost profits or lost business opportunities, reputation (e.g. insulting or defamatory statements), loss of data (e.g. interruptions or loss of your data or content, use thereof, or changes thereto) or any indirect, incidental, consequential, special or punitive damages.

The Company shall not be liable for any delay or non-performance of this Contract caused by force majeure, as defined by the case law of the French courts.


Article 8: Termination - Modification of Services


Users may terminate this Contract at any time by visiting the Site and following the procedure for deleting their Account. Please note that once a User's Member Account has been closed, the data transmitted and all data generated will be destroyed by the Company.

The Company reserves the right to restrict, suspend or delete, without prior notice or reimbursement, the Account of any User who makes improper or inappropriate use of the Site. The assessment of the User's behaviour is reserved to the Company's sole discretion.

The Company is free to terminate or modify the conditions of access and use of the Site at any time. The services offered free of charge do not give rise to any obligation on the part of the Company.


Article 9: Evidence Agreement


Computer systems and files are deemed authentic in relations between the Company and the User.

Thus, the Company may validly produce in the context of any proceedings, for the purposes of proof, the data, files, programmes, recordings or other elements, received, emitted or stored by means of the computer systems operated by the Company, on any digital or analogue media, and rely on them in the absence of obvious error.


Article 10: Miscellaneous Provisions



10.1 Indivisibility of the Contract

The fact that any one of the provisions of the Contract is or becomes illegal or inapplicable will in no way affect the validity or applicability of the other provisions of the Contract.


10.2 Modification of the GCU

The Company reserves the right to modify, supplement or replace these Terms and Conditions. Should the User refuse to accept the new provisions, the User is reminded that they may terminate this Contract at any time, in accordance with Article 8 (Termination).


Article 11. Settlement of Disputes

The conclusion, interpretation and validity of these GCU are governed by French law, regardless of the User's country of origin or the country from which the User accesses the Site, and notwithstanding the principles of conflict of laws.

In the event of a dispute concerning the validity, performance or interpretation of this Contract being brought before the civil courts, it will be subject to the exclusive jurisdiction of the French courts, to which jurisdiction is expressly granted, even in the event of summary proceedings or multiple defendants.

The User is hereby informed that they may in any event have recourse to conventional mediation or any other alternative dispute resolution method (conciliation, for example) in the event of a dispute. After two months without a response from the Company following a User's complaint, the User may refer the matter to the following Consumer Mediator: CM2C - 14, Rue Saint Jean - PARIS (75017) France by post or by clicking on the contact us link at the bottom of the page and completing the online complaint form.

In any event, the User may contact the Company, free of charge, via the form available or by telephone (price of a local call): +33 4 13 35 50 00.


HYTECK

Public limited company with capital of 68,604.61 euros

Registered office: 25, Rue de l'Ecole de Médecine - PARIS (75006) France

Individual tax identification number (intra-Community VAT): FR 38 334 806 502

Telephone number: +33 4 13 35 50 00

334 806 502 Paris Trade and Companies Register




The site is hosted by:

APTUM

SASU with a capital of 3,000 euros

840 569 156 Nanterre Trade and Companies Register

Registered office: 12 RUE SOLFERINO 92100 BOULOGNE-BILLANCOURT FRANCE

Email address: Support@aptum.com

Telephone number: 0805-210-280