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Terms of use of the site

 

TERMS OF USE

We welcome you to this site dedicated to the THE DIFFERENT COMPANY brand (hereinafter the “Site”). We invite you to carefully read these conditions of use which govern navigation on this Site (hereinafter the “Conditions of Use”). By using the Site you accept without reservation these Conditions of Use. For any request relating to your use of the Site, you can contact Us at the following address: THE DIFFERENT COMPANY37 Rue Louise WEISS 75013 PARIS
Legal Notice
Website URL: hwww.cheriganparis.com
Contact: Email: info@thedc.fr
Publication Director: Luc GABRIEL
Publisher: Published by the company THE DIFFERENT COMPANY Simplified joint stock company with capital of 25,000 euros, whose head office is 37 Rue L WEISS in Paris, registered in the Paris Trade and Companies Register under number Paris B423541697 acting on behalf and on behalf of its brand THE DIFFERENT COMPANY (hereinafter the “Publishing Company” or “We”).
Intra-community VAT number: FR84423541697
Host: SHOPIFY company

1. Access to the site
You can access the Site freely and free of charge, without prior registration or creation of an account.
Access to the Site and/or certain of its Sections may require the use of personal access codes. In this case, it is up to you to take appropriate measures to ensure the secrecy of these codes. You can of course modify them at any time. However, the number of attempts to access the Site and/or certain of its Sections may be limited in order to prevent fraudulent use of said codes. We invite you to inform us of any fraudulent use of which you may become aware. Furthermore, in the event of non-compliance with the rules described in these Conditions of Use, We reserve the right to suspend your access.
The costs of access and use of the telecommunications network nevertheless remain your responsibility.

2. Intellectual property
INTELLECTUAL PROPERTY RIGHTS
The development of this Site involved significant investments. The Site and each of the elements that compose it (such as brands, images, texts, videos, etc.) are protected under intellectual property. Any use, reproduction or representation of the Site (in whole or in part), on any medium whatsoever, for other purposes, including commercial purposes, is prohibited.
We may make available to you on this Site content that you are authorized to download (hereinafter the “Downloadable Content(s)”). We grant you, for your personal and private needs only, free of charge and for the legal duration of protection of intellectual property rights as defined by French and foreign legislation and international conventions, a non-exclusive and non-transferable right to use of Downloadable Content. Any reproduction, representation, modification or distribution of the Downloadable Content is prohibited. By downloading or using this Downloadable Content, you agree to use it in accordance with these Terms of Use.


RIGHTS OF THIRD PARTIES


We remind you that you must obtain/have assigned all the necessary authorizations and rights from the various rights holders concerned by any content that you wish to publish on the Site, including all intellectual property rights and /or literary, artistic and/or industrial property rights, as well as personality rights (and in particular image rights), so that you can peacefully exploit said content. For example, you must obtain/have assigned the rights to the content, and in particular the copyright to the photographs, as well as to all elements appearing in said content, such as architectural elements. , design, advertising creations, or even clothing creations.

USER CONTENT
We may provide a space on this Site intended to accommodate user content, such as texts, photos, videos, reviews, etc. (hereinafter the “User Content”).
By publishing User Content on the Site, you hereby grant Us a free, irrevocable, non-exclusive, worldwide license for the entire duration of the intellectual, literary and artistic and/or industrial property rights, and in particular the right to author as defined by French and foreign legislation and international conventions (including any subsequent supplementary or modifying regulations), to reproduce, represent, use, copy, modify, adapt, translate, create derivative works, integrate into other works, distribute this User Content (in whole or in part).
This use is authorized for all purposes of internal or external, corporate or financial communication, advertising, as well as for all public relations purposes, and for historical or archival purposes, of THE DIFFERENT COMPANY or its subsidiaries, its products and/or its brands, and in particular on the following media:
Displays in all formats, in unlimited quantities,
Press, unlimited number of publications,
Edition, unlimited number of publications, in particular edition for internal communication, including sales force and distribution network (wholesalers, retailers, agents, etc.), events, posters for congresses, trade fairs, stands, etc.; BtoB communication, in the professional press, for an unlimited number of publications and/or quantities,
Electronic, computer, digital, multimedia, Internet and Intranets publishing, all sites (whatever the site and/or medium, including so-called “social network” sites such as Facebook, Twitter, Youtube or Dailymotion) number of unlimited insertions and distribution,
on any other advertising medium (in particular through point-of-sale advertising and on CHERIGAN PARIS brand products) (hereinafter the “Medium(s)”).

You are informed that these social networks are platforms belonging to third parties and that consequently the distribution and use of User Content on these social networks are governed by the conditions of use established by these third parties. Thus, We cannot be held responsible for any use of the Content by Us or by third parties in compliance with the conditions of use established by social networks, and in particular, in terms of scope of rights granted, duration of rights and deletion of Content. You will deal with any third party claims relating to the use of the Content in accordance with the conditions of use established by the social networks.
Furthermore, We remind you in particular that any Content may be referenced on a search engine and, therefore, be consulted by an audience outside that of the Site.
This authorization gives Us the possibility of adapting your Content and/or providing any clarification to the initial fixation that We deem useful as long as said Content does not alter your image or your words.
In addition, the use of User Content may be accompanied by certain depersonalized information such as your city, your country or your age, and/or, where applicable if you have expressly authorized it to do so, information allowing your identification such as your first name, or your nickname.
The User Content that you publish on this Site is your choice and your exclusive responsibility. However, We remind you that this User Content must not be contrary to current legislation, good morals and the principles set out herein. As such, We reserve the right to remove at any time any User Content that does not comply with these Conditions of Use and in particular the Charter of Good Conduct.
Furthermore, if you access User Content created by another user, you must respect the rights of this user and in particular ensure not to reproduce and distribute said Content published on other media without the prior consent of the user. concerned.
3. Charter of good conduct
We defend values ​​of tolerance and respect for others.

For this reason, by using this Site, you prohibit yourself from:
convey racist, violent, xenophobic, malicious, vulgar, obscene or even illicit remarks,
disseminate harmful, defamatory, unauthorized, malicious content, violating privacy or image rights, inciting violence, racial or ethnic hatred, or content constituting an outrage against good morals or incitement for the commission of certain offenses and crimes;
use the Site to engage in politics, propaganda or proselytism;
publish advertising or promotional content for products and/or services competing with the brand(s) presented on the Site;
divert the Site from its purpose, in particular by using it as a meeting space;
disseminate information allowing, directly or indirectly, the nominative and precise identification of a natural person without their express and prior consent, such as in particular the last name, postal address, e-mail address, telephone number ;
disseminate information or content likely to offend the sensibilities of young people;
intimidate or harass others;
carry out illegal activities, in particular harming the rights holders of software, brands, photographs, images, texts, videos, etc. ;
disseminate content (including photographs and videos) representing minors.
If you discover User Content promoting crimes against humanity, inciting racial hatred and/or violence or concerning child pornography, you must inform Us immediately at the following email address: info @thedc.fr, or by sending a detailed letter to the address of the company's headquarters, indicating in your email/mail the date on which you noticed this content, your identity, the URL address of the disputed content, its description and the identifier of its author.

If you consider that User Content infringes the principles set out above and your rights or the rights of a third party (for example counterfeiting, insult, invasion of privacy), you can notify it to the address of following email: info@thedc.fr, or by sending a detailed letter to the address of the company's headquarters, indicating in your email/mail the date on which you noticed this content, your identity, the URL address of the contentious content, its description and the identifier of its author.

In accordance with the provisions of article 6-I-5 of Law No. 2004-575 of June 21, 2004 for confidence in the digital economy, the notification must contain:
the date of the notification;
for a natural person: surname, first names, profession, domicile, nationality, date and place of birth;
the name and address of the recipient or, if it is a legal entity, its name and registered office;
the description of the disputed facts and their precise location (e.g. URL link of the disputed content);
the reasons why the content must be removed, including mention of legal provisions and factual justifications;
a copy of the correspondence addressed to the author or publisher of the contentious information or activities requesting their interruption, withdrawal or modification, or justification for the fact that the author or publisher could not be contacted.
Any incomplete notification may not be processed. WARNING: The fact, for any person, of presenting content or activity as illicit with the aim of obtaining its withdrawal or stopping its distribution by presenting false or inaccurate information is punishable by a penalty. one year's imprisonment and a fine of 15,000 euros.

4. Information contained on the site

GENERAL PROVISIONS
We remind you that inaccuracies or omissions may appear in the information available on this Site, particularly due to third parties. We undertake to remove inaccuracies or complete this information on the Site as soon as possible.

ADVICE AND DIAGNOSTIC TOOLS
The advice given on this Site and/or the diagnostic tools that may be available are simple simulations intended to obtain cosmetological advice.
The information they provide is given for strictly indicative purposes and can in no way replace a medical diagnosis or a clinical consultation, nor replace medical treatment.
Consequently, We cannot guarantee you complete satisfaction with the advice resulting from the use of these tools and assume no responsibility for the use you may make of them.
For any additional information or in case of doubt, we recommend that you consult your doctor.

HYPERTEXT LINKS
The hypertext links set up on this Site may take you to websites published by third parties whose content We do not control. Consequently, and to the extent that the hypertext links have been included on this Site solely in order to facilitate your navigation on the Internet, consultation of third party sites will be your choice and your exclusive responsibility.

5. Personal data


We may collect personal data about you, in particular when you (i) subscribe to a service, (ii) download Downloadable Content, (iii) authenticate, (iv) register for a game/competition , (v) Send us an email, (vi) respond to a survey or study.
Your personal data is recorded in a computerized file by CHERIGAN PARIS. These personal data will be subject to computer processing if you have consented to this and may be used in the following manner:
To carry out statistical studies: we compile and study your data in order to define your profile and better adapt our services to your expectations. These statistical studies are strictly confidential;
Customer relationship monitoring: if you send us a message, the data is kept and used to respond to your request and follow it up;
Provision of services: to create your customer account, to send newsletters, to send messages to your friends through the Site, to notify you when a product is available again, to save your profiles, etc.
To process your orders: processing your purchases, sending samples.
In accordance with the regulatory and legislative provisions in force, you have the right to access, rectify and delete data concerning you. You can exercise this right at any time by sending a letter, accompanied by a photocopy of proof of identity, to the following address: info@thedc.fr For more information on the processing of your personal data personal, We invite you to consult our Policy relating to accessible personal data

6. Modification of the site and conditions of use
We may modify the content and information included in this Site as well as these Conditions of Use, in particular in order to comply with any new applicable legislation and/or regulations and/or in order to improve the Site.
Any modification will be brought to your attention on the Site before it takes effect under these Conditions of Use. Unless the modification implies your express acceptance, the fact that you continue to use the Site implies that you accept the new Conditions of Use.

7. Credits
This site was designed and developed by THE DIFFERENT COMPANY

8. Warning
We strive to keep the Site and Downloadable Content accessible at all times. However, we cannot guarantee the permanent availability and accessibility of the Site. Indeed, we may find ourselves obliged to temporarily suspend partial or total access to the Site, particularly for technical maintenance reasons.
It is also specified that the Internet network and computer and telecommunications systems are not error-free and that interruptions and breakdowns may occur. We cannot provide any guarantee in this regard and cannot therefore be held responsible for any damage inherent to said uses of the Internet network and computer and telecommunications systems, in particular without this list being exhaustive:
the improper transmission and/or reception of any data and/or information on the Internet;
an external intrusion or the presence of a computer virus;
failure of any receiving equipment or communications lines; And
any other malfunction of the Internet network preventing the proper functioning of the Site.
Finally, our liability can only be incurred for direct damages, to the exclusion of all other damages or harm of any nature whatsoever. In particular, related indirect damages such as, but not limited to, loss of profits or income or loss of customers.

9. Applicable law and disputes
The Conditions of Use are subject to French law.
For any problem, please contact our Service

Client: info@thedc.fr In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, THE DIFFERENT COMPANY adheres to the services of the Paris Mediation and Arbitration Center (hereinafter the “Mediator”) whose contact details are as follows: 39 avenue Franklin D. Roosevelt - 75008 Paris - http://www.cmap.fr.

In the event of a written complaint not resolved by our Consumer Services, you can contact the Mediator free of charge. To find out how to contact the Mediator, click here. At the European level, the European Commission has also set up an online dispute resolution platform accessible here.

If the dispute is not resolved within the framework of this mediation, the dispute will be brought before the competent French courts.

YOUR AGREEMENT

By using this Site, you agree to be bound by, and to comply with, these
Terms and Conditions. If you do not agree to these Terms and Conditions,
please do not use this site.

PRIVACY

Please review our Privacy Policy, which also governs your visit to this Site, to understand our practices.

LINKED SITES

This Site may contain links to other independent third-party Web sites
(“Linked Sites”). These Linked Sites are provided solely as a
convenience to our visitors. Such Linked Sites are not under our
control, and we are not responsible for and does not endorse the content
of such Linked Sites, including any information or materials contained
on such Linked Sites.

FORWARD LOOKING STATEMENTS

All materials reproduced on this site speak as of the original date of publication or filing. The fact that a document is available on this site does not mean that the information contained in such document has not been modified or superseded by events or by a subsequent document or filing.

  • This Site is controlled, operated and administered by us from our office in kyiv, Ukraine.
  • We make no representation that materials at this site are appropriate
  • and available for use at other locations outside of the Ukraine and access to them
  • from territories where their contents are illegal is prohibited.
  • If you access this Site from a location outside of the Ukraine,
  • you are responsible for compliance with all local laws.

INDEMNITY

By using the Site web sites you agree to indemnify us and affiliated entities (collectively "Indemnities") and hold them harmless from any and all claims and expenses, including (without limitation) attorney's fees, arising from your use of the Site web sites, your use of the
Products and Services, or your submission of ideas and/or related materials to us or from any person's use of any ID, membership or password you maintain with any portion of the Site, regardless of whether such use is authorized by you.

GENERAL

If any provision of these Terms and Conditions is held to be invalid or unenforceable, the provision shall be removed (or interpreted, if possible, in a manner as to be enforceable), and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construct or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms and Conditions set forth the entire understanding and agreement between us with respect to the subject matter contained herein and supersede any other agreement, proposals and communications, written or oral, between our representatives and you with respect to the subject matter hereof, including any terms and conditions on any of customer's documents or purchase orders.

OUR PROPRIETARY RIGHTS

This Site and all its Contents are intended solely for personal,
non-commercial use. Except as expressly provided, nothing within the Site shall be construed as conferring any license under our or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that all content available through and used to operate the Site and its services is protected by copyright, trademark, patent, or other proprietary rights. You agree not to: (a) modify, alter, or deface any of the trademarks, service marks, trade
dress (collectively “Trademarks”) or other intellectual property made available by us in connection with the Site; (b) hold yourself out as in any way sponsored by, affiliated with, or endorsed by us, or any of our affiliates or service providers; (c) use any of the Trademarks or other content accessible through the Site for any purpose other than the purpose for which we have made it available to you; (d) defame or
disparage us, our Trademarks, or any aspect of the Site; and (e) adapt, translate, modify, decompile, disassemble, or reverse engineer the Site or any software or programs used in connection with it or its products and services.