Last update: June 2021
http://www.felicite-paris.com (the "Website") is a site managed by FELICITE SAS, a company registered in Paris under the number 900 319 542 whose headquarters is located at 37 rue de la Félicité, 75017 Paris ("Félicité", "we", "us" or "our").
The host of the Website is OVH SAS, a subsidiary of OVH Groupe SAS, a company registered in the Lille Trade and Companies Register under number 537 407 926 and located at 2, rue Kellermann, 59100 Roubaix.
These Terms of Use (and all documents referenced herein) summarize the terms under which you may use the Website, either as a visitor or as a registered user. Use of the Website includes accessing, browsing or registering.
Please read these Terms of Use carefully before you begin browsing the Website as they govern your use of it. We recommend that you print a copy for future reference.
You have chosen to visit this Website to purchase our products. Therefore, no matter where you live, your use of the Website will be governed by these Terms of Use and by French law. The possibility of choosing a currency other than the euro (€) is only indicative.
We also like to interact with you on third-party sites where we post content or solicit your feedback, including Facebook, Twitter, Instagram and YouTube ("Third Party Websites"). We have no control over these Third Party Websites and these Terms of Use do not apply to companies that Maw Creative and Consulting does not control or own or to the acts of persons that Maw does not employ or supervise. You should always check the terms of use posted on Third Party Websites.
By using the Website, you confirm that you accept and will comply with these Terms of Use.
If you do not agree to the Terms of Use, you should not use the Website.
Ownership of rights
All rights, including copyrights and moral rights, in the Website are owned or licensed by FELICITE SAS. Any use of the Website or its content, including copying or recording it in whole or in part, except for private, non-commercial use, is prohibited without our consent. You may not modify, delete, broadcast or publish anything on this Website for any purpose.
Reliability of contents
Packaging may differ from that shown on the Website. Weight and dimensions are approximate. We have made every effort to ensure that the colors of the products are displayed accurately on the Website. However, the way in which the colors are displayed will depend on your computer equipment and we cannot guarantee that the colors displayed on your screen will be the same as those of the item when delivered. To the extent permitted by applicable law, FELICITE disclaims all warranties, express or implied, as to the reliability of the information provided in any material on the Website. We are not responsible for the content of any page not belonging to the Website or any other site linked to the Website or containing a link to the Website. Links on the Website are provided for informational purposes only and should not be construed as an endorsement by us of the content, products, services, or providers in question.
We assume no responsibility to anyone for any loss or damage that may arise from the use of information provided in any material on the Website, on any site linked to the Website or containing a link to the Website.
Damage to your computer
FELICITE makes every effort to ensure that the Website is free of viruses or other defects. However, we cannot guarantee that if you use the Website or any website accessible through it, your computer will not be damaged. It is your responsibility to ensure that you have the appropriate equipment to use the Website and to scan for anything that may damage it. FELICITE will not be liable to anyone for any loss or damage to your computer equipment incurred as a result of using the Website.
Limitation of Liability
The provisions of this clause 5 relate exclusively to the use of the Website and do not affect any statutory rights of consumers or any other rights we confer in connection with the purchase of our products on it (including under the FELICITE SAS Online Product Terms and Conditions).
Nothing in these Terms of Use shall exclude or limit our liability for death or personal injury arising from our negligence, fraud or fraudulent misrepresentation or any other liability which cannot be excluded or limited under French law.
To the extent permitted by law, we exclude all conditions, warranties, representations and other terms that may apply to the Website or its contents, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract or tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising out of or in connection with :
- the use or inability to use the Website; or
- the use of or reliance on any content on the Website. If you are a business user, please be advised that we will not be liable for:
- loss of profits, turnover, business or revenue
- business interruption;
- loss of expected savings;
- loss of business opportunities, goodwill or reputation; or
- any indirect or consequential loss or damage.
If you are a consumer, please be advised that the Website is intended for domestic and private use only. You agree not to use the Website for any commercial or business purpose and we will not be liable to you for any loss of profits, loss of business, business interruption or loss of business opportunities.
Prohibited Uses
You may use the Website only for permitted purposes. You may not use it :
- in a manner that violates any local, state, national or international law or regulation.
- in a manner that is unlawful or fraudulent or that would have an unlawful or fraudulent result or purpose
- to send, knowingly receive, transfer, upload, use or reuse any material that does not meet our content standards as detailed herein
- to send or obtain the sending of unsolicited or unauthorized promotional or advertising materials or any other form of solicitation (spam)
- to knowingly transmit data, send or upload any material that contains viruses, Trojan horses, worms, time bombs, keystroke loggers, spyware, adware or any other malicious code or similar computer code intended to adversely affect the operation of any computer software or hardware.
You also agree not to:
- not to reproduce, duplicate, copy or resell any portion of the Website in violation of the provisions of these Terms of Use.
- not to access, without authorization, interfere with, harm or damage:
- any part of the Website;
- any equipment or network on which the Website is stored;
- any software used in the operation of the Website;
- any equipment, network or software owned or operated by a third party.
You agree to defend, indemnify and hold us harmless from any loss, damages or costs, including reasonable attorneys' fees, resulting from any claim, action or demand by any third party due to your unlawful use of the Website. You also agree to hold us harmless from any losses, damages or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers or other data gathering or extraction tools or any other act of yours that imposes an unreasonable burden or disruption on our infrastructure.
Submitting information
We welcome your questions or comments about the products you use or those you may purchase. However, it is our policy to decline unsolicited suggestions or ideas. Any requests, recommendations, suggestions, ideas or other information you provide to us ("Information") will be considered non-confidential and non-proprietary. Subject to our Privacy Policy and the "User Generated Content" clause herein, by sending us Information, you hereby grant FELICITE a non-exclusive, royalty-free right to use, reproduce, modify, adapt, publish, sell, assign, translate, sublicense, create derivative works therefrom, distribute and display such Information in any form, media, or technology, either individually or as part of other works. You also agree that your information may not be returned to you and that we may use your information, and any ideas, concepts or know-how contained therein, for any purpose. In addition, if you send us such information, you represent and warrant that you own all rights to it or are authorized to use it and that it does not contain or constitute software viruses, commercial solicitations, chain letters, junk mail or any other form of spam. You may not impersonate any other person or entity or use a false e-mail address or lie to FELICITE about the origin of the information and you agree to indemnify and hold FELICITE harmless from any claims by you and/or any third party to the rights in the information.
Intellectual Property
The trademarks, logos and service marks and designs (the "Intellectual Property") displayed on the Website are registered and unregistered trademarks or designs of FELICITE SAS, our affiliates, licensors and/or suppliers in the United Kingdom, France and the United States and other countries and are protected by French and international trademark laws. Except as part of an order or as required by applicable law, you may not use, reproduce, duplicate, copy, sell, resell, modify or in any way use our Intellectual Property or that of our suppliers without our or their written permission.
User-Generated Content
By submitting ideas, designs, customizations, creative concepts or other information ("User Generated Content") to the Website, you agree that this may sometimes constitute a transfer of ownership of intellectual property rights. You agree and covenant to assign to FELICITE ownership of all potential intellectual property rights and other rights in User Generated Content. To the extent such transfer is not valid and subject to Article 121-1 of the French Intellectual Property Code, you grant FELICITE, as part of the transmission of the User Generated Content to the Website, a worldwide, non-exclusive, perpetual, royalty-free license to use, which includes but is not limited to, the right to copy, modify, publicly display disseminate and sublicense (in whole or in part) the User Generated Content for any purpose that FELICITE deems appropriate, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Website or any other product or service, whether online or offline.
All User-Generated Content will be considered non-confidential. Subject to Article 121-1 of the French Intellectual Property Code, FELICITE shall be entitled to use or disclose any User-Generated Content in any way without liability to you or notice to you. You understand and agree that you will have no recourse against FELICITE or any other party if any User Generated Content created, posted or transmitted by you is used as set forth above by FELICITE or any of its affiliates.
You warrant that:
- you are the author of all User Generated Content;
- any User Generated Content and any material contained therein is not offensive, abusive, pornographic, defamatory, profane or illegal and does not infringe or is not likely to infringe the rights of any third party or any applicable law, including but not limited to intellectual property rights;
- any User Generated Materials are original works and are not copies, in whole or in part, of any third party works
- any User Generated Content does not contain or constitute software viruses, commercial solicitations, chain letters, junk mail or any other form of spam; and
- you will not impersonate any other person or entity, use a false e-mail address or lie to us about the origin of any User Generated Content in any way and you agree to indemnify and hold us harmless from any claims by you and/or any third party to the rights in any User Generated Content.
You agree that FELICITE SAS:
- does not control and has no obligation to control User Generated Content;
- is in no way responsible for any User-Generated Content;
- does not guarantee the reliability, integrity or quality of any User Generated Content;
- cannot guarantee that User-Generated Content that is harmful, inaccurate, misleading, offensive, threatening, defamatory, illegal or in any way objectionable will not appear on the Website.
Notwithstanding the foregoing, FELICITE reserves the right to moderate all User-Generated Content and to refuse to accept the submission of any User-Generated Content or to remove any User-Generated Content in its absolute discretion, for example, because it violates the intellectual property rights of a third party, because its content is inappropriate, obscene or abusive or for any other reason. FELICITE is under no obligation to inform you of the reasons for such action.
Non-Waiver
The failure to exercise or delay in exercising any of our rights, remedies, powers or privileges under these Terms of Use and any exchange between us shall not constitute or be construed as a waiver. Nor shall any partial or single exercise of any right, remedy, power or privilege hereunder preclude any subsequent exercise thereof or of any other right, remedy, power or privilege by FELICITE.
Other Legal Notices
Legal notices relating to your use of the Website may be found in other parts of the Website. Together with these terms and conditions, they govern the manner in which you use the Website, including, but not limited to, the Privacy Policy, the Terms and Conditions of Sale of Online Products and the withdrawal policy.
Questions
Si vous avez des questions concernant les présentes conditions d'utilisation, merci de nous contacter par courrier électronique à l'adresse suivante contact@felicite-paris.com, par téléphone au +33 (0)1 75 43 25 63 ou par courrier à Service Clients, FELICITE SAS, 14 passage de Flandre 75019 Paris
Changes to the legal notice
We reserve the right to change these terms and conditions at any time and encourage you to review them as frequently as possible. Such changes will be effective immediately upon posting on the Website.
Applicable Law, Jurisdiction and Language
The Website, any content contained therein and any contract entered into as a result of its use are governed by French law. The parties agree to submit any dispute to the exclusive jurisdiction of the courts of Paris, France. All contracts are concluded in French.