Terms of service
Fields in this section can be self-translated.
The website www.smalto.com (hereinafter the "Site") is published and controlled by FRANCESCO SMALTO INTERNATIONAL, a simplified joint stock company with a capital of 11,272,670.84 euros, whose registered office is located at 2, rue de Bassano, 75116 PARIS, registered under the RCS Paris B 329 120 794, intra-community VAT number (hereinafter "FRANCESCO SMALTO INTERNATIONAL").
Access to the Site and the conditions of its use are governed by these general terms and conditions of use (hereinafter the "Terms and Conditions").
I - ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF USE
Access to the Site, browsing on the Site as well as the use of its functionalities imply on the part of the user of the Site (hereinafter the "User") the unreserved acceptance of the GCU.
II - MODIFICATIONS
The TOU may be modified or supplemented at any time, the modifications being published by putting on line a new version of the general conditions of use. The User is therefore invited to regularly consult this page.
III - DESCRIPTION OF THE SERVICES PROVIDED
FRANCESCO SMALTO INTERNATIONAL is free to modify the content of the Site at any time and without notice.
IV - ACCESS TO THE SITE
Access to and use of the Site are reserved for strictly personal use. The User undertakes not to use the Site and the information or data contained therein for commercial, political or advertising purposes and for any form of commercial solicitation, in particular the sending of unsolicited e-mails.
V - NO GUARANTEE
FRANCESCO SMALTO INTERNATIONAL makes every effort to ensure that access to the Site and its operation are as smooth as possible. Nevertheless, FRANCESCO SMALTO INTERNATIONAL declines all responsibility:
in case of unavailability of an article presented on the Site;
in case of failure, breakdown, difficulty or interruption of operation, preventing access to the Site or to one of its functionalities;
in case of bugs;
for any material damage related to the use of the Site;
concerning the access and content of sites linked to the Site;
for any damage resulting from fraudulent intrusion by a third party on the Site,
and more generally,
for any direct or indirect damage resulting from the consultation or use of the Site, regardless of the cause, origin, nature, victim and/or consequences, subject to the specific provisions for the online sale of products marketed on the Smalto Online Shop.
FRANCESCO SMALTO INTERNATIONAL furthermore declines all responsibility in the event of non-compliance by the User with these GCU and reserves the right to take action against the User in the event that the User is held liable in this respect.
Despite the means implemented to ensure the security of the Site as well as that of the data collected on the Site, FRANCESCO SMALTO INTERNATIONAL draws the User's attention to the existence of possible risks of confidentiality of the data transiting on the Site as well as to the fact that it does not control the risks linked to the functioning of the Internet. FRANCESCO SMALTO INTERNATIONAL cannot guarantee the absence of viruses or other such devices on the Site.
The equipment used by the User to connect to the Site is under his entire responsibility and it is his responsibility, in this respect, to take all appropriate measures to protect his equipment and his own data from virus attacks on the Internet.
FRANCESCO SMALTO INTERNATIONAL also endeavours to ensure, to the best of its ability, the accuracy and updating of the information disseminated on the Site. However, possible omissions, inaccuracies or deficiencies in the updating of the said information cannot be excluded, and FRANCESCO SMALTO INTERNATIONAL cannot be held liable in this respect.
With regard more specifically to the rules of guarantee and liability applicable to the online sale of products sold on the Smalto Online Shop, the User is invited to consult the General Terms and Conditions of Sale of FRANCESCO SMALTO INTERNATIONAL.
VI - SITE MANAGEMENT
For the proper management of the Site, FRANCESCO SMALTO INTERNATIONAL may at any time :
suspend, interrupt or limit access to all or part of the Site, reserve access to the Site or to certain parts of the Site for a specific category of Internet users;
delete any information that may disrupt the operation of the Site or that contravenes national or international laws;
suspend the Site in order to carry out updates.
VII - DISPLAY OF PRICES
The prices displayed on the Site are in euros.
For any product order placed on the Smalto Online Shop, the User is invited to consult the provisions of the General Sales Conditions of FRANCESCO SMALTO INTERNATIONAL relating to prices and possible delivery costs.
VIII - INTELLECTUAL PROPERTY RIGHTS AND COUNTERFEITS
The Site (in particular its graphic charter and its content) constitutes an intellectual work protected by copyright.
The Site as a whole as well as each of the elements present on it (in particular trademarks, photographs, texts, comments, illustrations, images whether animated or not, graphics, logos, video sequences, icons, sounds as well as all computer applications that could be used to operate the Site) belong to FRANCESCO SMALTO INTERNATIONAL or to third parties having authorised FRANCESCO SMALTO INTERNATIONAL to use them, FRANCESCO SMALTO INTERNATIONAL and the said third parties being the only ones authorised to use the related intellectual property rights.
The use of all or part of the Site (in particular by downloading, reproduction, transmission, representation or distribution) for purposes other than strictly personal, private and non-commercial use is prohibited. In any event, such use must be made in compliance with the elements reproduced, and no modification or alteration of any kind may be made to them. Any use for purposes other than those listed in this paragraph must be made with the prior written authorisation of FRANCESCO SMALTO INTERNATIONAL.
The use of the content of the Site in contravention of the provisions of this Article VIII exposes the author to the penalties provided for by law. The fact that FRANCESCO SMALTO INTERNATIONAL does not take legal action as soon as it becomes aware of unauthorised use of the content of the Site does not constitute acceptance of such use or a waiver of the right to take legal action.
IX - HYPERTEXT LINKS
FRANCESCO SMALTO INTERNATIONAL reserves the right to authorise any type of simple or deep hypertext link and referencing, it being understood that no hypertext links to the Site may be created without the prior written authorisation of FRANCESCO SMALTO INTERNATIONAL, which authorisation may be revoked at any time.
X - PERSONAL DATA AND COOKIES
XI - COMPLETENESS
The nullity or inapplicability of any one of the clauses of the TOS will not affect the other clauses, which will remain applicable.
XII - APPLICABLE LAW AND JURISDICTION
Any dispute relating to the use of the Site is governed by French law, without however having the effect of depriving the User of the level of protection offered by the mandatory provisions of the country of his or her habitual residence.
In the absence of an amicable agreement1), and subject to the cases in which the law does not allow it, exclusive jurisdiction is given to the competent courts of Paris (France).
These general terms and conditions of use were updated on 11 December 2020.
1) Any consumer, within the meaning of consumer law, is entitled to contact a mediator under the conditions specified in the General Terms and Conditions of Sale of FRANCESCO SMALTO INTERNATIONAL.
Translated with www.DeepL.com/Translator (free version)