Terms of use

The below is an automatic translation from French. Thank you for your understanding. For legal purposes, the meaning from the original text in its native language is the only valid text. The below translation is purely indicative.


PREAMBLE

Casambu is a web-based platform, available at www.casambu.com (the ‘Site’).

This Site is published by Casambu, SARL with a capital of 20,000 euros, having its registered office located at 101 Route de la Frasse, 74170 Les Contamines-Montjoie, France and registered in the Annecy Trade and Companies Register under number ID 900315151, (hereinafter 'the Publisher') . Casambu is accessible to users (the 'User(s)').
Casambu is hosted by Shopify, SA, whose head office is located at 151 O'Connor Street Ground Floor Ottawa, Ontario K2P 2L8 Canada. This host can be contacted at this email address: support@shopify.com.

The purpose of these General Conditions of Use (the 'Conditions' or taken as a whole, the 'Agreement') is to define the terms and conditions governing the relationship between Users and Casambu. In the event of non-compliance with the terms of these Conditions, Casambu reserves the right to take any measure likely to preserve its interests and in particular to ensure their execution.

The User undertakes during each of his visits to the Platform to comply with all of these Conditions without any reservations. Consequently, the User acknowledges having read the Conditions and agrees to be bound by these provisions. If the User accesses the Platform on behalf of a company or any other legal entity, he is nevertheless personally bound by this Agreement.

ARTICLE 1: PURPOSE OF THE SITE

The Site allows the User to access the following services in particular: Online sale of accessories (the ‘Service(s)’).

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

ARTICLE 2: ACCESS TO THE SITE

To be eligible for the Service, the User may be a natural or legal person.
Casambu reserves the right to suspend or refuse access for one or more Users to the Site.

ARTICLE 3: SITE MANAGEMENT

The Publisher implements the necessary technical solutions to allow continuous access to the site for the User. However, it reserves the right to limit or suspend access to all or part of the Site at any time, and without notice. Such an interruption may in particular be made necessary for reasons of maintenance of the site or its content, or for any other reason deemed necessary for the proper functioning of the site by the Publisher.

Use of the Platform requires a connection and an internet browser. The platform can be accessed at the following address: www.casambu.com. In order to guarantee the proper functioning of the Site, it is specified that the Site is optimized for:

  • a screen resolution of 1280×768 pixels;
  • the latest versions of Edge, Chrome, Firefox and Safari browsers.

All hardware and software needed to access the Platform and use the Services remain the sole responsibility of the User

ARTICLE 4: REPORTING

The user has the possibility of contacting the Publisher in order to report any illegal or manifestly inappropriate behavior or content. Such a report may be made by email to the address hello@casambu.com

ARTICLE 5: USE OF PLATFORM SERVICES

Users disallow themselves:

  1. to transmit, publish, distribute, record or destroy any material, in particular the contents of Casambu, in violation of the laws or regulations in force concerning the collection, processing or transfer of personal information;
  2. to disseminate data, information, or content of a defamatory, abusive, obscene, offensive, violent or inciting nature, or of a political, racist or xenophobic nature and in general any content that would be contrary to laws and regulations in force or of good character;
  3. to reference or create links to any content or information available from the Casambu sites, except with the express, prior and written consent of Casambu;
  4. to use information, content or any data present on the Site in order to offer a service considered to be competitive with Casambu.
  5. to sell, exchange or monetize information, content or data present on the platform or Services offered by the Platform, without the express written consent of Casambu;
  6. reverse engineer, decompile, disassemble, decipher or otherwise attempt to obtain the source code in connection with any underlying intellectual property used to provide all or any part of the Services;
  7. to use manual or automatic software or devices, coding robots or other means to access, explore, extract or index any page of the Site;
  8. to endanger or attempt to endanger Casambu's digital security. This includes attempts to monitor, scan, or test system or network vulnerability or to breach security or authentication measures without express prior authorization;
  9. counterfeit or use the products, logos, trademarks or any other element protected by the intellectual property rights of Casambu;
  10. to simulate the appearance or operation of the Site, for example by performing a mirror effect;
  11. disrupt or disturb, directly or indirectly Casambu, or impose a disproportionate load on the infrastructure of the Site, or attempt to transmit or activate computer viruses via or on the Site.

It is recalled that breaches of system or network security may lead to civil and criminal prosecution. Casambu verifies the absence of such violation and may appeal to the judicial authorities to prosecute, if necessary, Users who have participated in such violations.
Users undertake to use the Site fairly, in accordance with its purpose and to the legal and regulatory provisions, to these Conditions and to the practices in force.

ARTICLE 6: INTELLECTUAL PROPERTY

All Site content, including designs, text, graphics, images, videos, information, logos, icon-buttons, software, audio files and others belongs to Casambu, which is the sole owner of all related intellectual property rights

Any representation and/or reproduction and/or partial or total exploitation of the content and Services offered by Casambu, by any process whatsoever, without the prior written authorization of Casambu, is strictly prohibited and could give rise to legal action.

ARTICLE 7: PERSONAL DATA

All personal data held by Casambu is collected legally and fairly in accordance with the terms of the privacy policy accessible at this address: https://casambu.com/pages/legal_politique-de-confidentialite.

This data is provided by Users who voluntarily and expressly accept these Conditions authorizing Casambu to process, disclose or transfer this data to any third party in order to allow (i) the User to take full advantage of the Services and functions offered by the Site, (ii) prevent any fraud and/or (iii) for statistical purposes.
In order to facilitate the use of the Site and to personalize the User's experience of the Site, Casambu uses cookies and log files. The use of cookies can be deactivated by modifying the settings of the internet browser.
Personal data is stored by Casambu for processing in the context of the use of the Services. They are kept for as long as necessary for the provision of the Services and functions offered by the Site.
The User always remains the owner of the information concerning him that he transmits to Casambu. He has, in accordance with Law No. 78-17 of January 6, 1978 according to its version consolidated on March 24, 2020, a right of access, rectification and deletion of personal data concerning him, as well as the right to oppose the communication of this data to third parties for valid reasons.
The User may exercise his rights by writing to the following email address: hello@casambu.com
The User may also exercise their rights by writing to the following postal address: 101 route de la Frasse, 74170 Les Contamines-Montjoie.
A response to the User's request will be sent to them within 30 days.

ARTICLE 8: LIABILITY

It is recalled that the data published by Users and the information shared by them may be captured and used by other Users or third parties. In this sense, Casambu does not guarantee respect for the ownership of this data, it is the responsibility of the User to take all the necessary measures to preserve the ownership of their data.

Casambu does not guarantee the uninterrupted or error-free operation of the Services, in particular, Casambu cannot be held liable in the event of interruption of access to the Platform due to maintenance operations, technical updates or improvements.

In any event, Casambu cannot under any circumstances be liable for indirect or unforeseeable losses or damages of the User or any third party, which includes in particular any lost profit, any unfortunate investment, inaccuracy or corruption of files or data, image or commercial damage, loss of turnover or profit, loss of customers or loss of opportunity related to any title and on any basis whatsoever

In addition, Casambu cannot be held responsible for any delay or non-performance of this Contract justified by a case of force majeure, as defined by the case law of the French courts and tribunals.

ARTICLE 9: CONVENTION OF EVIDENCE

The computer systems and files are authoritative in the relationship between Casambu and the User. Thus, Casambu may validly produce within the framework of any procedure, for the purposes of proof, the data, files, programs, recordings or other elements, received, transmitted or stored by means of the computer systems operated, on all digital or analog media, and s 'subject to manifest error.

ARTICLE 10: INDIVISIBILITY

The fact that any provision of the Agreement is or becomes illegal or unenforceable shall in no way affect the validity or enforceability of the other provisions of the Agreement.

ARTICLE 11: SETTLEMENT OF DISPUTES

The conclusion, interpretation and validity of this Agreement are governed by French law, regardless of the country of origin of the User or the country from which the User accesses Casambu and notwithstanding the principles of conflict of laws.
In the event that a dispute relating to the validity, execution or interpretation of this Contract is brought before the civil courts, it will be subject to the exclusive jurisdiction of the French courts to which it is made. expressly attribution of jurisdiction, even in the event of summary proceedings or multiple defendants.
The User is informed that he may in any case resort to conventional mediation or to any alternative method of dispute resolution (conciliation by example) in case of dispute.

ARTICLE 12: DURATION OF THE GENERAL CONDITIONS OF USE

These general conditions of use are concluded for an indefinite period, the User is required to respect them from the start of his use of the Services.
The Publisher reserves the right to modify this document at any time and without notice. Users will be notified of each update to the document.


Document updated on August 01, 2021