Terms & Conditions
TERMS OF USE
These General Conditions of Use (“GCU”) govern access to the website at www.fleursurmer.com (hereinafter “the Website”), which is operated by Fleur sur Mer, an Individual Enterprise (EI Entreprise Individuelle), registered in RCS Fréjus under number 919 811 414 whose registered office is located at 616 Avenue de Beaupre, 83380 Roquebrune-sur-Argens, (hereinafter “Fleur sur Mer”, “We”, “Us”, “Our”) and the use of the services and features resulting therefrom, as well as their conditions of use by any person (“User”, “You”, “Your”).
Tel.: (+33) 0 623 52 12 58
VAT number: FR79919811414
Fleur sur Mer is allowed to provide services in accordance with Business number (APE code) 96.09Z Other Personal Services (Autres Services Personels)
The Website’s publishing manager is Firat Atakan Aksu Firat.
The Website is hosted by Elementor LTD, whose registered office is located at 40 Tuval Street, Ramat Gan 5252247, Israel.
The Services offered on the Website are provided “as is” and are governed by these General Conditions of Use.
Acceptance and enforcement of the GCU
The provisions of these GCU apply to all use of the Services by the User, especially if You visit the Services, regardless of Your status (private individual or professional), the place where You are located, the means of connecting to the Services, the reason for and purpose of Your access to the Services.
Consequently, You agree to read the GCU before using the Services. By using any or all of the Services, it shall be deemed that You have read and accepted these GCU. You agree to comply with the provisions of these GCU each time you use the Services.
Access to the Services
The User is hereby informed of the risks inherent in using the Internet, especially in relation to:
– lack of security in data transmission.
– non-guaranteed continuity in accessing the Services.
Under no circumstances shall We be held responsible for these risks and their detrimental results, regardless of their extent, for the User.
It is each User’s responsibility to take all appropriate measures to protect their own data, software and hardware from contamination by computer viruses or other forms of attack that may be transmitted via the Services or published information.
The User is and remains responsible for the means of accessing the Services and the results thereof. Such access may involve paying connection fees to technical service providers such as Internet service providers, electronic communications, or telephone operators. These costs shall be borne by the User. In addition, the User is and shall remain fully responsible for providing and using the equipment required to access the Services.
The User may not exploit any difficulty in accessing the Services to gain access to information in violation of these GCU.
User rights and obligations
The User of the Services acknowledges that they have the necessary skills, hardware, and software to access and use the Services.
The User agrees to comply with the provisions of the GCU and all applicable laws and regulations when using the Services.
Please note that the acts of fraudulently accessing or remaining in a computer system, of hindering or distorting the operation of such a system, or of fraudulently entering or modifying data in a computer system constitute offenses punishable by criminal penalties.
In particular, the User agrees to:
- Not compromise, damage, deactivate, overload, disrupt, or interfere with the security or operation of the Services or the information and operating systems of Fleur sur Mer or any of its service providers.
- Not interfere with the normal operation of or make fraudulent use of the Services in any manner or form whatsoever.
- Not use or permit the use of the Services in an improper or unlawful manner, for unlawful, fraudulent, or malicious purposes; including but not limited to hacking the Services or introducing malicious code, including viruses, or harmful data into the Services, using any system, device, or program to extract data or information from the Services or Fleur sur Mer’s servers, sending or storing material containing computer viruses, worms, Trojan horses, or other harmful code, files, scripts, bots or programs, interfering with or impairing the integrity or performance of the Services and the data contained therein, or attempting to gain unauthorized access to the Services or its associated systems or networks.
User Liability
The User of the Services is liable for damages of any kind, whether physical or property damage, direct or indirect, caused to any third party, including Fleur sur Mer, as a result of the unlawful use or exploitation of the Services themselves and/or any of their features, regardless of the cause and place of occurrence of said damages, and shall hold Fleur sur Mer harmless against any and all claims or legal actions that may be brought against it as a result.
Fleur sur Mer may not be held liable for any damage or loss of any nature whatsoever, directly or indirectly resulting from a breach by the User of these GCU.
In the event of a breach by the User of any of the provisions of the GCU, Fleur sur Mer reserves the right to temporarily or permanently suspend access to and use of the Services without prior notice. The User may be held civilly and/or criminally liable in the event of failure to comply with applicable regulations and with these GCU.
Fleur sur Mer’s Liability
The purpose of the Website is to:
- Showcase the services that Fleur sur Mer offers to property owners for their rental properties in Provence-Alpes- Cote D’ Azur region.
- Enable interested users to request to be contacted in order to obtain more information about a service and/or to contract it.
- Allow owners wishing to obtain more information about the services offered by Fleur sur Mer to fill in a form in order to be contacted or to call/ text a phone number in order to reach out a Fleur sur Mer representative.
Fleur sur Mer has taken the utmost care in operating and maintaining the Services.
Nevertheless, Fleur sur Mer makes no representations or warranties that access to the Services will be uninterrupted, easy, reliable, correct, complete, satisfactory, or timely.
Fleur sur Mer makes every effort to provide accurate and up-to-date information on the Services. Fleur sur Mer reserves the right to modify or update the content and features of the Services at any time without notice.
Fleur sur Mer cannot guarantee the total reliability, accuracy, exhaustiveness, veracity, or updating of the content of the Services.
The User is encouraged to notify Fleur sur Mer of any information that they believe to be inaccurate and, where appropriate, to suggest any improvements that they feel would be useful.
Fleur sur Mer makes every effort to ensure that the User has access to the Services at all times and that the Services operate at a reasonable level and are reasonably available.
Nevertheless, Fleur sur Mer does not guarantee the continuity, availability, or stability of the Services. Access to the Services may be interrupted for any reason that is beyond Fleur sur Mer’s control, including due to the uncertainties of the Internet network, in the event of a force majeure event, maintenance, updates or technical improvements, or to change the content and/or presentation of the Services.
Access to the Services is provided “as is”. Fleur sur Mer shall not be held liable for any damage that does not result from a breach by Fleur sur Mer of these GCU or from a proven wrongdoing by Fleur sur Mer.
In any event, Fleur sur Mer shall not be held liable for any indirect damage resulting from:
- The use of the Services, including any operating loss, financial or commercial loss, loss of programs and/or data, especially in the User’s information system, or threats such as computer viruses, bugs, malicious code, Trojan horses, logic bombs, worms, and other anomalies that may occur on the Internet.
- The content of the Services and/or the use of websites linked to the Services or to which Users may have access via the Services.
- The impossibility to access the Services, the non-functioning or poor conditions of use of all or part of the Services, for any reason whatsoever.
- Omissions and/or errors that may be contained in the Services and any other element of the Services.
- The GCU set out all of Fleur sur Mer’s obligations and responsibilities and Fleur sur Mer shall not be bound by any other express or implied warranty to the User.
Hyperlinks
Hyperlinks to the Services:
The User of the Services may not set up hyperlinks to the Services without Fleur sur Mer’s express, prior consent, and provided that they point to the home page of the Services without duplicating the home page or any other page or part of the Services.
Requests for creating hyperlinks to the Services should be sent by email to: [email protected]
You agree not to:
- Insert a link to the Services from a service that You are not the publisher of.
- Delete, modify or alter, in any way whatsoever, the size or appearance of Fleur sur Mer’s logos or other distinctive signs.
- Mislead any other User and/or any third party or create confusion as to Your relationship with Fleur sur Mer.
- Present false, misleading, disparaging or deceptive information about Fleur sur Mer.
- Use Fleur sur Mer’s trademarks, logos, or other distinctive signs without Fleur sur Mer’s express, prior written consent.
- Fleur sur Mer expressly reserves the right to revoke the authorization granted under the terms of this Article and to take any appropriate action in the event of a breach of the provisions of this Article.
You may be held liable for any damages related to or resulting from said breach.
Hyperlinks available in the Services:
Fleur sur Mer may include in its Services links to websites belonging to third parties or to third-party services not operated by Fleur sur Mer.
Please read the disclaimers and terms of use of these websites.
Fleur sur Mer has no control over these external websites and services, does not contribute in any way to developing the content and/or any element appearing on all or part of these third-party websites or services, does not evaluate or verify the relevance, accuracy, completeness, or updating of this information.
Consequently, Fleur sur Mer cannot be held liable for their content.
You acknowledge that Fleur sur Mer does not endorse, warrant, or guarantee any or all content and/or materials on any or all such third-party websites or services.
If You click on these links to third-party websites or services, You leave the Services and agree to use the services of said third parties at Your own risk or, as the case may be, in accordance with their terms and conditions.
It is the User’s responsibility to take the necessary precautions to ensure that the websites visited are free of computer viruses. Fleur sur Mer shall not be held liable in any way for the presence of computer viruses on third-party websites or services.
Intellectual Property
Fleur sur Mer Content:
All elements making up the Services, including but not limited to its general structure, all data, information, texts, files, animated or still images, presentations, databases, graphics, icons, photographs, maps, logos, videos, sounds, trademarks, distinctive signs, designs, models and software (“Fleur sur Mer Content”), constitute the exclusive intellectual property of Fleur sur Mer or its partners, and are protected by the French Intellectual Property Code and by international laws and treaties relating to the protection of copyright and intellectual property.
Users are only authorized to view the information provided online and to use the features offered.
All reproduction rights are reserved, including for downloadable documents. All Fleur sur Mer Content appearing in the Services may not, in accordance with Article L.122-4 of the French Intellectual Property Code, be fully or partially represented or reproduced on any medium whatsoever without Fleur sur Mer’s or its rights owners’ express prior consent.
The User is therefore prohibited from distributing, broadcasting, representing, modifying, copying, storing, renting, reproducing, or otherwise exploiting, in whole or in part, Fleur sur Mer Content, without Fleur sur Mer’s or its rights owners’ express prior written consent, whether free of charge or in return for payment, or for the benefit of a third party, by the User or by a third party, regardless of the media and means used, whether known or unknown to date, except for strictly personal purposes related to the use of the Services, excluding any professional or lucrative use, subject to respecting Fleur sur Mer’s rights.
Failure to comply with this prohibition constitutes an act of counterfeiting which may lead to the perpetrator being held civilly and/or criminally liable. Fleur sur Mer reserves the right to take legal action against any person who violates this prohibition.
Similarly, it is strictly forbidden to use or reproduce the name “Fleur sur Mer” and/or its logo, alone or in combination, in any capacity whatsoever and on any medium whatsoever without Fleur sur Mer’s prior written consent.
Therefore, for any request to reproduce Fleur sur Mer Content, please send an email to: [email protected].
Changes to the GCU
Fleur sur Mer may change the content of the Services or the terms of these GCU at any time and/or temporarily or permanently cease to operate all or part of the Services at any time without notice.
The User is therefore encouraged to check the latest version of the GCU each time they visit the Services in order to be aware of these new conditions.
In any event, browsing the Services or any other use of the Services implies the User’s acceptance without reservation of the latest version of the GCU.
Fleur sur Mer will notify the User, by any means and especially by email or by posting on the Services, of any significant amendment to the GCU likely to have an impact on the terms and conditions for providing Services subscribed to by the User and which have not yet been fully provided, or of any significant amendment to the Data Protection and Cookies Policy.
Applicable Law and Jurisdiction
French law is applicable to the GCU and the Services, notwithstanding multiple defendants and subject to international public policy rules on consumer protection.
In the event of a dispute with Fleur sur Mer relating specifically to the provisions of the GCU, including the Data Protection and Cookies Policy, the User may contact Fleur sur Mer by mail at Fleur sur Mer – 616 Avenue de Beaupre, 83380 Roquebrune-sur-Argens, France, or by email at [email protected]. In this case, Fleur sur Mer and the User shall make every effort to reach an amicable solution first.
Any dispute resulting from the GCU which cannot be settled amicably under the above conditions will be referred to the court having jurisdiction.
Miscellaneous Provisions
Agreement on evidence
The document reproducing the GCU is stored on a durable medium in the form of an image under generally accepted reliable security conditions. The User may save the GCU electronically or print them out on paper at any time. In this respect, the GCU are considered evidence of the communications and agreement between the User and Fleur sur Mer. The User acknowledges that the evidential value of this document cannot be called into question by the mere fact of its form, especially its electronic form.
No Waiver
Fleur sur Mer’s failure at any time to require full performance of any or all of the provisions of the GCU shall in no way affect Fleur sur Mer’s right to enforce them at a later date.
Partial Invalidity
Should any part of the GCU be declared illegal, invalid, or unenforceable for any reason whatsoever, the provision or provisions in question shall be declared non-existent and the remaining provisions shall remain in full force and effect and continue to be enforceable.
Any provisions declared non-existent will be deemed to have been replaced by provisions that most closely correspond to the content of the canceled provision and to Fleur sur Mer’s original intent.
Questions and Contacts
If You wish to receive further information about the Services, or if You wish to add to, modify, or delete Your personal data, or if You have any other questions, please contact Us by email at the following email address: [email protected] or by mail at: Fleur sur Mer, 616 Avenue de Beaupre, 83380 Roquebrune-sur-Argens, France.
The team at Fleur sur Mer would like to thank you for reading the General Conditions of Use and hope you enjoy your visit to our website.
Copyright © Fleur sur Mer 2024