I. IDENTIFICATION
This website (hereinafter referred to as the Website") is published by Marigold France, a private company duly organized under the law of France, with a head office located at 75 Avenue Parmentier, 75544 PARIS - Telephone number: +33 (0)1 73 02 33 30.
Website access and the use of its content are subject to the usage stipulations provided hereinafter. The act of accessing and browsing this Website implies that the Internet user fully and unreservedly accepts the following stipulations.
II. INTELLECTUAL PROPERTY
2.1 Ownership
Marigold France is the owner of the Website's domain name.
The entirety of the Website, as well as its components (in particular products, text, structure, software, animated items, photographs, videos, illustrations, drawings, graphic representations, logos, etc.) are creative works protected by articles L.111-1 et seq. of the French Intellectual Property code. The Website and its components are the sole property of Marigold France; the latter is the sole party authorized to exercise intellectual property and related personality rights, particularly brands, models, creative works, software, databases, interpretations and image rights, as the originator or through a formal authorization or license.
Marigold Beauty Pen®, Stemjem™, Caviar Elixir™, Platinum Elixir™ are either trademarks or registered trademarks of Company.
All rights reserved for use only by Marigold France.
2.2 Penalties
Use of all or part of the Website, particularly by means of downloading, reproduction, transmission, representation or circulation, for purposes other than personal and private use and with a non-commercial aim by the Internet user is strictly prohibited. The party liable for infringement of the above shall be liable to penalties stipulated in both the French Intellectual Property code with regard to copyright infringement (article L. 335-1 et seq.) and brand rights (article L. 716-1 et seq.) in particular, and the French Civil Code with regard to general legal liability (article 9, Sections 1382 et seq.).
2.3 Hypertext links
It is forbidden to create any and all hypertext links to any one of the web pages or components of the Website without prior written authorization from Marigold France. Said authorization may be withdrawn at any moment. Any and all websites with hypertext links to the Website or any one of its components are not under the control of Marigold France. Marigold France formally declines any liability (particularly with regard to editorial content) concerning access to, and the contents of, such websites.
III. PERSONAL DATA
3.1 Type of personal data
The term 'personal data' applies to all personal information (particularly the name, surname, position, company name, company profile, email and postal addresses) that Internet users may disclose to Marigold France when communicating with Marigold France via online form section of the Website and/or in respect of any message sent via the "CONTACT" section of the Website. The said data, irrespective of its type, shall directly or indirectly make it possible for Marigold France to identify and improve knowledge about Internet users and respond to their messages. When the Internet user discloses personal data, the said Internet user shall answer questions asked during the online communication process and thus communicate precise information, which shall not prejudice the interests or rights of third parties.
3.2 Consent
No datum of a personal nature shall be collected without the personal consent of the Internet user concerned. The optional or compulsory nature of the items to be disclosed to Marigold France for this purpose shall be stated to Internet users beforehand.
However, in the event of refusal by the Internet user, Marigold France shall not be in a position to respond to their messages. In all events, if the Internet user does not wish or no longer wishes to receive more products information or newsletters from Marigold France, the said Internet user may inform Marigold France accordingly by sending an email to the following address: exclude@marigoldfrance.com In all events, the Internet user shall also have the option of cancelling his or her subscription to the Marigold France newsletter by clicking a hypertext ink included directly in each issue of the said newsletter sent to the Internet user in question.
3.3 Identity of the party responsible for processing personal data.
Marigold France is responsible for collecting and processing personal data from the Website.
3.4 Recipient(s) of personal data
Marigold France is the sole recipient of personal data collected from the Website. Personal data shall not be disclosed to third parties.
3.6 Cookies
Marigold France may create a "cookie" (alphanumeric identifier) in the hard drive of the Internet user's computer solely with the aim of recognizing the said user when he or she subsequently views the Website.
The term of conservation of information concerning browsing by the Internet user, as provided by the "cookie" on the Website, shall not exceed one year. The Internet user is reminded that he or she may prevent cookies from being created on his or her hard drive by configuring their Internet browsing software accordingly (Internet Explorer, Mozilla Firefox, Opera, Safari, etc.). To this end, the Internet user is referred accordingly to the user guide of their Internet browsing software ("Help" section of the browser's toolbar) or may obtain any such information from the publisher of the said software.
IV. LIABILITY
Marigold France shall undertake to ensure the accuracy and updates of information published on the Website to the best of its ability. The company reserves the right to correct content at any time and without prior notification. However, Marigold France cannot guarantee the accuracy, precision and comprehensiveness of information made available on the Website. Said information shall not constitute any guarantee or commitment by Marigold France with regard to the Internet user. In particular, Marigold France shall not be held liable for:
- Any lack of inaccuracy or omission regarding the information available on the Website;
- All and any damage arising from computerized intrusion by a third party, resulting in a modification to the information made available on the Website;
- And, more generally, any and all direct or indirect damage, irrespective of the cause, origin, nature and consequences, caused as a result of access by anyone to the Website or inability to access the said Website, along with the use of the Website and/
Marigold France shall implement means intended to ensure the security of the files generated from personal data collected from the Website. It is, however, formally stated that Marigold France has no control over the risks related to the operation of the Internet and draws the attention of Internet users to the presence of possible risks in terms of confidentiality of data transmitted across this network.
V. AMENDMENTS TO LEGAL TERMS
Marigold France informs Internet users viewing the Website that these legal terms may be amended at any time. Such amendments shall be published online and shall be deemed accepted without reserve by any and all Internet users accessing the Website after the said amendments have been published online.
VI. DISPUTES
These legal terms have been drawn up in accordance with French law and, in particular, with the provisions of Law no. 2004-575 dated 21 June 2004 "for confidence in the digital economy" and Law no. 78-17 dated 6 January 1978 on "Freedom of Information and Technology". French courts shall exercise jurisdiction over all and any disputes arising from the use of the Website, subject to contrary provisions arising from Regulation no. 44/2001 dated 20 December 2000 concerning court jurisdiction and the application of rulings in civil and commercial matters (Brussels I).