General terms and conditions of use

Lgal Information

Preamble

These GENERAL CONDITIONS OF USE apply to the services offered by the Site leblogdejeanne.com
The use of the Site leblogdejeanne.com implies acceptance without reservation of these GENERAL CONDITIONS OF USE.
The User is invited to read these GENERAL CONDITIONS OF USE carefully.

Article 1. Definitions

The following words and expressions beginning with a capital letter, in the singular or plural, are used herein with the following meaning:
POCHECO: Société par Actions Simplifiées (simplified joint stock company) named POCHECO, whose head office is located at 13, rue des Roloirs – 59510 FOREST SUR MARQUE, registered with the Lille Métropole Trade and Companies Register under number 301 522 496 and owner of the leblogdejeanne.com website
SERVICES: refers to the services made available to Users on the open.eu website as described in the GCU.
SITE: Internet site accessible via the address ouvert.eu allowing access to services under the conditions and terms provided by these Terms.
USER: Any person or entity having access to the website leblogdejeanne.com
PERSONAL INFORMATION: In accordance with Article 4 of Law No. 78-17 of January 6, 1978, information that allows, in any form whatsoever, directly or not, the identification of individuals to whom they apply.

Article 2. Object
The purpose of these GENERAL CONDITIONS OF USE is to define the terms and conditions under which POCHECO makes the Site available to its Users and the manner in which Users use the services.
Any connection to the Site is subject to compliance with and acceptance without reservation of these GENERAL CONDITIONS OF USE.
For the User, mere access to the Site implies acceptance of all the conditions described in Article 3 hereof.

Article 3. Acceptance of the general conditions of use
The User declares that he or she has read and expressly accepts these GENERAL TERMS AND CONDITIONS OF USE in effect on the day he or she accesses the Site. Acceptance of these GENERAL TERMS AND CONDITIONS OF USE is complete and indivisible. They may not be applied in part by Users and no reservations may be validly made.
The Users declare that they have obtained from POCHECO all the necessary information regarding the Services offered.
POCHECO reserves the right to modify all or part of these GENERAL CONDITIONS OF USE at any time and without notice. It is the User’s responsibility to refer regularly to the latest version of the GENERAL TERMS OF USE. They shall take effect immediately upon posting and the User shall be notified of the change by e-mail.
Any use of the Services after the amendment of the GENERAL TERMS AND CONDITIONS OF USE shall be deemed to constitute full acceptance by the User of the new GENERAL TERMS AND CONDITIONS OF USE.
Similarly, the legal notices may be amended at any time. Nevertheless, they shall be binding on the User, who is invited to refer to them as often as possible in order to review them.

Article 4. Accessibility to services
Access to the Site is free and open to all Users. The Site is normally accessible on any compatible computer, tablet or cell phone with access to an Internet network. The Site uses JavaScript technology, which the User accepts.
The Website is updated regularly. POCHECO endeavors to allow continuous access to the Website but may interrupt access at any time and without notice for maintenance reasons. POCHECO, which will then endeavour to communicate beforehand by all means to the Users the dates and times of the intervention. POCHECO shall not be held liable in the event of impossibility of access to the Site.
The User undertakes not to implement anything that could undermine the proper functioning and security of the Site.
POCHECO cannot be held responsible for damages of any kind that may result from these changes and/or from temporary unavailability or even from the definitive closure of all or part of the Site or of the Services associated therewith.

5 Personal data and privacy
5.1 Privacy
In no case, the mere consultation of the Site can lead to the recording of personal data.

5.2 Personal data management
In application of the law 78-17 of January 6, 1978 modified by the law n°2018-493 of June 20, 2018, it is reminded that the personal data requested from the Users are necessary to the need of the implementation of certain services proposed by the Site ouvert.eu
The user provides this information in full knowledge of the facts, in particular when he proceeds by himself to their seizure. It is then specified to the User of the Site ouvert.eu the obligation or not to provide this information.
At the time of the use of the Site, the following information can be collected: the URL of the links by the intermediary of which the User reached the Site, the supplier of access of the User, the address of Internet protocol (IP) of the User.
In accordance with the provisions of articles 38 and following of the law 78-17 of January 6, 1978 relating to data processing, files and freedoms, any User has a right of access, rectification and opposition to personal data concerning him, by making a written and signed request, accompanied by a copy of the identity card with signature of the holder of the document, specifying the address to which the answer must be sent.
This right may be exercised by sending a letter to POCHECO, whose contact details are included in the confidentiality charter appearing in the Site.
No personal information of the User of the Site is published without the knowledge of the User, exchanged, transferred, yielded or sold on an unspecified support with thirds.
Only the hypothesis of the transfer of the rights of the company POCHECO would allow the transmission of the aforementioned information to its possible purchaser who would be in its turn held of the same obligation of conservation and modification of the data with respect to the User of the Site.

5.3 Hyperlinks and cookies
The Site contains a certain number of hypertext links to other Sites, set up with the authorization of POCHECO. Browsing the Site may cause cookies to be installed on the User’s computer.
The User is informed that when visiting the Site, cookies may be automatically installed on their browser.
Refusing to install a cookie may make it impossible to access certain services.
However, the User can configure his computer in the following way to refuse the installation of cookies:
– In Internet Explorer: tool tab / internet options. Click on Privacy and choose Block all cookies. Validate with Ok.
– Under Netscape: edit tab / preferences. Click on Advanced and choose Disable cookies. Validate on Ok.

6. Intellectual property rights
POCHECO is the owner of the intellectual property rights and holds the rights concerning the use of all the elements accessible and contained on the Site, in particular the texts, images, graphics, logos, icons, sounds, software and all other distinctive signs.
The same applies to any databases appearing on the Site, which are protected by the provisions of the Intellectual Property Code.
POCHECO only grants authorization to view its editorial content on a personal and private basis, to the exclusion of any public viewing or distribution.
Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the Site, whatever the means or the process used, is strictly forbidden, except with the prior written authorization of POCHECO.
Any unauthorized exploitation of the Site or of any of the elements it contains will be considered as constituting an infringement and will be prosecuted in accordance with the provisions of articles L.335-2 et seq. of the Intellectual Property Code.

7. Responsabilité

POCHECO is the owner of the intellectual property rights and holds the rights concerning the use of all the elements accessible and contained on the Site, in particular the texts, images, graphics, logos, icons, sounds, software and all other distinctive signs.
The same applies to any databases appearing on the Site, which are protected by the provisions of the Intellectual Property Code.
POCHECO only grants authorization to view its editorial content on a personal and private basis, to the exclusion of any public viewing or distribution.
Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the Site, whatever the means or the process used, is strictly forbidden, except with the prior written authorization of POCHECO.
Any unauthorized exploitation of the Site or of any of the elements it contains will be considered as constituting an infringement and will be prosecuted in accordance with the provisions of articles L.335-2 et seq. of the Intellectual Property Code.

7. Responsibility
The content of the Site is offered for information purposes only. The information appearing on the Site or accessible through the Site comes from sources considered reliable. As POCHECO cannot guarantee the total accuracy of the information transmitted, it cannot be held responsible for incomplete or erroneous information that may be disseminated.
POCHECO cannot be held responsible for material damages linked to the use of the Site. The User of the Site undertakes to access the Site using recent equipment, free of viruses and with a last generation updated browser.
POCHECO cannot be held responsible for direct and indirect damage caused to the User’s equipment, when accessing the Website, and resulting either from the use of equipment that does not meet the specifications indicated, or from the appearance of a bug or an incompatibility.
POCEHCO cannot be held responsible for indirect damages (such as loss of market or loss of opportunity) resulting from the use of the Website.
Interactive spaces (possibility of asking questions in the contact space) are at the disposal of the Users. POCHECO reserves the right to delete, without prior notice, any content posted in this area that contravenes the legislation applicable in France, in particular the provisions relating to data protection and public morality and order. If need be, POCHECO also reserves the possibility of calling into question the civil and/or penal responsibility of the User, in particular in the event of message of a racist, insulting, defamatory or pornographic nature, whatever the medium used (text, photograph…).

8. Nullity
If one or more of the stipulations herein are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations shall retain all their force and scope.

9. Dispute Resolution and Jurisdiction
9.1. Professionals
Any dispute arising in connection with the use of the Site shall be governed by French law, regardless of the place of use.
In the event of any dispute concerning the performance, interpretation or validity of the GENERAL CONDITIONS OF USE, the Commercial Court of Lille Métropole shall have sole jurisdiction over the dispute.
The dispute may first be submitted to a conciliator or mediator, who shall endeavor to settle the difficulties referred to him or her and have the parties agree to an amicable solution.

9.2. Consumers
In the event of a dispute or claim, the User shall first contact the company POCHECO to obtain an amicable solution.
In accordance with the European regulation (EU) N° 524/2013 relating to the “On-line settlement of consumer disputes”, any User having the quality of consumer is informed that he has the possibility of solving any dispute by connecting on the electronic platform put on line by the European Commission met within the framework of the use of the Site, at the following address
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR