Preamble
MyRadiola.com is the online sales website for products of the Radiola brand, owned by RADIOLA CONSUMER AG Pilatusstrasse 28, 6052 Hergiswil NW, Switzerland, registered under number CHE-468.709.941 (hereinafter referred to as the "RADIOLA Site" or the "Site").
These general terms of use are concluded between any Internet user using the Site (hereinafter referred to as "the User") and the company RADIOLA CONSUMER AG, publisher of the Site.
The general terms of use (hereinafter referred to as "GTU") must be accepted, without reservation, by each User upon creation of their account, whether this occurs outside of any Product order or during the first Product order.
The User takes care to read the GTU, accept them and save them on a durable medium for future reference if needed.
Refusal of the GTU upon creation of the customer account prevents the user from creating their customer account.
The User who has accepted the GTU agrees to comply with its clauses for the entire duration of use of the Site.
The GTU may evolve. The new GTU apply to any User who has accepted them from their entry into force date. Refusal of the new GTU by a User will result in the closure of their customer account, preventing them from placing new orders on the Site.
The MyRadiola.com Site restricts its use to Users who are private individuals using it at a normal frequency. The use or unauthorized access to the Site is strictly prohibited for any natural or legal person using the Site for professional purposes or in the context of an ancillary professional activity.
These General Conditions supplement, where applicable, the General Conditions of Sale of MyRadiola.com.
User Obligations / Liability
The User shall in particular refrain from:
- committing any illegal act;
- communicating: false, inaccurate or misleading information; defamatory, disparaging or slanderous information; content that is illegal, harmful, insulting, racist, inciting hatred, revisionist or contrary to public morality; content infringing copyrights, patent rights, trademark rights, trade secrets or other intellectual property rights, rights of disclosure or the privacy of third parties; content violating French and/or applicable law; content containing viruses, Trojan horses, worms, time bombs, cancelbots or any other computer program designed to damage or clandestinely intercept any computer system, personal data or information;
- attempting to mislead other users by usurping an identity or company name, or by damaging the image or reputation of others and/or by impersonating a third party or an employee, authorized service or affiliate of RADIOLA CONSUMER AG;
- disrupting, slowing, blocking or altering the normal flow of data exchanged in connection with the Site;
- fraudulently accessing, maintaining, obstructing or disrupting MyRadiola.com's information systems and in particular the servers or networks connected to the Site, or refusing to comply with the requirements, procedures, general rules or regulatory provisions applicable to networks;
- posting content on behalf of a third party;
The User undertakes to comply with the legal provisions applicable to information circulating on the Internet and/or the Site and shall in any event remain solely responsible for any infringement of third-party rights that may result from their use of the Site.
The User is the sole judge of their legal, contractual and/or judicial capacity to access and/or use the Site. By using the Site, the User acknowledges that they do not violate any legal, contractual or statutory provision.
The User undertakes to use the Site for purposes consistent with public order, public safety and public morality and shall remain solely responsible for any infringement thereof that may result from their use of the Site.
In general, the User indemnifies RADIOLA CONSUMER AG against any claim, action and/or demand to which it may be subject in this regard, and undertakes to bear all sums, damages, costs, attorney's fees and expenses to which RADIOLA CONSUMER AG may be condemned.
Elements protected by intellectual property law
The general structure, as well as the software, texts, animated or non-animated images, sounds, videos, works, photographs, images, literary texts, artistic works, software, trademarks, graphic charters, logos and all other elements composing the Site (hereinafter the "Content") are the exclusive property of RADIOLA CONSUMER AG and its partners.
The RADIOLA trademark is the exclusive property of RADIOLA CONSUMER AG, Pilatusstrasse 28, 6052 Hergiswil NW, Switzerland.
The Content of this Site and the RADIOLA trademark are protected under intellectual property law, including copyright, designs and models, trademarks, domain names and patents.
Any total or partial reproduction of the Content of this Site or of the RADIOLA trademark without the express authorization of RADIOLA CONSUMER AG is prohibited and constitutes infringement punishable under Articles L. 335-2 et seq. of the Intellectual Property Code.
Any total or partial use of these Contents and of the RADIOLA trademark without the express authorization of RADIOLA CONSUMER AG is therefore prohibited, within the meaning of Article L.713-2 of the Intellectual Property Code.
These General Conditions do not entail any assignment of intellectual property rights over the elements belonging to RADIOLA CONSUMER AG or rights holders, such as sounds, videos, photographs, images, literary texts, artistic works, software, trademarks, graphic charters and logos, in favor of the User. Any other use not expressly authorized in writing in advance by RADIOLA CONSUMER AG is prohibited and constitutes infringement.
By posting a review or comment, the User acknowledges that this content becomes public and grants RADIOLA CONSUMER AG and its duly authorized partners the right to use, store, publish, translate, create derivative works from, exploit, distribute and display the content, in whole or in part, within the framework of intellectual property protection, and to use the name and/or first name provided with the review or comment for all purposes, including commercial and advertising, on all media, worldwide, for a period of 10 years.
Liability
Browsing and use of the MyRadiola.com Site is the User's responsibility.
RADIOLA CONSUMER AG disclaims any liability for the use that may be made of information posted on its Site.
The Site and its content are provided "as is" and without any guarantee, in particular of future performance. RADIOLA CONSUMER AG does not guarantee that the Site is accessible at all times, error-free or free from defects.
Access to the Site may be temporarily suspended due to (i) hardware and/or software maintenance of the Site's server, and/or (ii) hardware, software and/or editorial maintenance of the Site, and/or (iii) the occurrence of a force majeure event. Temporary or permanent unavailability of the Site cannot give rise to a claim for damages or any other form of compensation.
It is recalled that:
(i) the transmission of data over the Internet only benefits from relative reliability, as it circulates on heterogeneous networks with various characteristics and capacities, which are sometimes saturated at certain times of day and may impact download times or data accessibility,
(ii) the Internet is an open network and, consequently, the information it carries is not protected against risks of diversion, intrusion into your system, hacking of data, programs and files, or contamination by computer viruses, and
(iii) it is the User's responsibility to take all appropriate measures to protect their system and content against contamination by viruses as well as intrusion attempts.
Consequently, RADIOLA CONSUMER AG cannot be held responsible for any damage resulting from access, use and/or unavailability of the Site, including any loss of data/programs, contamination by virus, financial and/or commercial damage and/or loss of reputation.
RADIOLA CONSUMER AG reserves the right to carry out maintenance and update operations during which products and services will not be available. RADIOLA CONSUMER AG notably reserves the right to add or remove features, modify the layout of the tool, or insert links, promotional or otherwise.
Entirety
The GTU express the entirety of the parties' obligations. However, they may be supplemented and/or amended by any additional text concluded between the Parties expressly referring to these general conditions.
The invalidity or unenforceability of any provision of these General Terms of Use shall not affect the application or validity of the other provisions, except in the case of invalidity or unenforceability of an essential provision that would result in the annulment of all or part of the GTU.
No general or specific conditions communicated by the User may be incorporated into these GTU.
Mediation
In accordance with the provisions of said Code, before any referral to the mediator, any problem encountered with the Site must be the subject of a prior complaint directly lodged with customer service:
By postal address: RADIOLA CONSUMER AG, Pilatusstrasse 28, 6052 Hergiswil NW, Switzerland; or
By email at contact@radiola.fr.
Applicable Law and Competent Courts
These GTU are governed by French law.
Only French courts have jurisdiction in the event of a dispute for which the Site would be the cause, subject or occasion, whatever its nature.
