When they are in capitalised form, the terms below have the following definitions:
The purpose of these “General Terms of Use” (hereinafter the “GTU”) is to define the conditions under which all Visitors can use the Services provided by PREMIERE VISION DIGITAL (hereinafter “PREMIERE VISION”), a limited company (SA) with capital of €200,000, registered on the register of companies of LYON under reference No. 828 722 000, company unit registration number (SIRET) 828 722 629 000 15, core activity code (APE) 63.12ZA, whose head office is located at 59 Quai Rambaud, CS 30162, 69002 LYON, FRANCE.
The GTS enter into force as soon as they are accepted online by the Visitor.
They expire when the Visitor/Buyer unsubscribes from his/her online account.
The GTU may be modified by PREMIERE VISION whenever it deems it to be necessary, which the Visitor expressly accepts in advance. As far as possible, PREMIERE VISION shall endeavour to inform the Visitor adequately.
In their relations, the Parties undertake to correspond by means of email, except in special cases where it is necessary to send a registered letter with acknowledgement of receipt. All messages sent by email constitute an acceptable form of proof for establishing any facts, acts and actions of each of the Parties.
The Visitor is not granted any limitation of liability or guarantee in respect of breaches of any of its contractual obligations.
Consequently, the Visitor shall be liable for any damage, including direct, consequential, resultant, special, incidental, physical and/or non-pecuniary, material and/or non-material damage that it may cause to the other Parties or to third parties due to using the Services or connecting to the Website.
The fact that PREMIERE VISION does not require performance of any of the clauses of the GTU or tacitly accepts non-performance of a clause either permanently or temporary, cannot be deemed to be a waiver by PREMIERE VISION of its entitlements under the aforementioned clause or its subsequent performance.
In accordance with common law, PREMIERE VISION may take advantage of a walkaway clause to temporarily or permanently suspend the supply of one or more Services, or to interrupt the Subscription.
PREMIERE VISION holds all of the rights of use, display, operation, reproduction, representation, adaptation and translation for all of the components of the Website, including the images, logos and marks put online by PREMIERE VISION.
The Website and its Content are protected by French copyright law and related rights (Articles L.122-4 et seq. of the French Intellectual Property Code) which prohibit the reproduction in whole or in part of these various constituent elements without the consent of PREMIERE VISION.
For this reason, the User undertakes to respect the copyrights, trademark rights and database producer’s rights, and each User acknowledges that the databases created by PREMIERE VISION are its sole property.
The User is not entitled to transfer or sell the information obtained from the Website and shall refrain from creating any derivative work based on the Content of the Website.
The Website and its components constitute a copyright work under intellectual property law. Any representation, reproduction, modification, transmission, translation or in general any use of the Website and its technical or graphical components are strictly forbidden without the prior authorisation of PREMIERE VISION.
Provision of the Services does not involve any transfer or granting of any intellectual property rights, apart from the right for the User to use the Services provided online on the Website by PREMIERE VISION, within the limits specified herein and where appropriate in the Contract.
The Offer put online is likely to be subject to intellectual property rights held by the Exhibitor that provides the Offer. The Exhibitor shall personally protect them and enforce its rights.
The Exhibitor alone is liable for the display of the photographs, images, designs and models, logos, trademarks, diagrams, descriptions, representations, and more generally of distinctive marks in its Offer(s), and for all of the related consequences in the event of infringement of third-party rights. In this case, if PREMIERE VISION is sued, it shall be entitled to implead the Exhibitor concerned, which will cover all of the costs of defence, immobilisation of the Website and all other damages liable to be claimed from PREMIERE VISION.
Visitors who identify themselves to PREMIERE VISION undertake to provide accurate information when they register and during any online formalities, since this information is necessary for the smooth functioning of the Website and proper performance of the Services.
Visitors undertake not to create a false identity likely to mislead the Administrator or third parties.
When they first visit the Website and if they have not already identified themselves, Visitors must provide several pieces of information in order to identify themselves and create their account.
Visitors must provide the following information to PREMIERE VISION to enable it to open their online account: corporate name if necessary, name and position of the manager, company unit registration number (SIRET)/company registration number (SIREN) or other registration number, VAT number if necessary.
This information must be regularly updated by the Visitor to ensure that it is accurate.
Each Visitor undertakes to only create one account.
Access to the Marketplace Services is free of charge for Visitors.
PREMIERE VISION provides the following Services via the Marketplace:
Due to legal rules regarding financial transparency and combating money laundering, the Payment Service Provider may limit the opening of a secure online payment account and access by the Visitor and PREMIERE VISION to the corresponding services. The Exhibitor and the Visitor concerned will then be asked to carry out their Transaction by their own means and cannot hold this against PREMIERE VISION.
While the User browses the Website, cookies are installed on the User’s computer, mobile or tablet. The Website has been designed to be particularly responsive to the needs and expectations of Users. For this and other reasons, PREMIERE VISION uses cookies to identify Users, allow them to access their account and manage their shopping basket, for example.
PREMIERE VISION installs cookies on the Users’ terminals for the purposes of Website browsing, and the optimisation and personalisation of PREMIERE VISION services on the Website.
Third-party companies (e.g. those involved in marketing statistics) install cookies in order to identify the interests of Users through the products searched for or bought on the Website, and personalise promotional offers that are targeted at Users on the Website or elsewhere. Cookies may be installed during the browsing of the Website or when the User clicks on an advertisement on the Website. Third-party cookies are installed by those companies acting on their own account; PREMIERE VISION has no control over such cookies.
The Website uses different types of cookies which have different purposes. The Website contains:
The User is informed that, at the time an order is placed, PREMIERE VISION or the service providers acting on its behalf may install cookies or collect data relating to the User’s terminal, including information (technical features) necessary for the recognition of the device (computer, tablet, mobile phone) in order to facilitate the identification of the User’s equipment as part of security procedures for monetary transactions (prevention of fraud). Cookies and device fingerprints are used for this purpose. A banner on the Website, upon entering, will appear informing Users of the collection of information about their terminal in order to identify it. By proceeding to make purchases on the Website without altering the collection of device identification data, the User agrees to such collection and the creation of the identification.
At any time, the User may choose to disable these cookies. The User’s browser can alsobe configured to notify the User that cookies will be installed and request whether the User agrees to such installation. The User may accept or reject cookies on a case-by-case basis or automatically reject all cookies. PREMIEREVISION reminds the User that such configuration could change the conditions for accessing services that require cookies. If the User’s browser is set up to reject all cookies, the User may be unable to make purchases or take advantage of the essential functions of the Website, such as storing items in the basket or receiving personalised recommendations. PREMIERE VISION invites Users to configure their browser while taking into account the purpose of the cookies as described above. Configuration of each browser is different. The browser’s help menu describes how to configure it to suit your wishes in relation to cookies. You can follow the instructions below to disable cookies.
If you are using Internet Explorer
If you are using Firefox
If you are using Safari
If you are using Chrome
For further information on cookies, you can go to the website of the French Data Protection Agency (CNIL): http://www.cnil.fr/vos-droits/vos-traces/les-cookies/
All Visitors who have a Profile are entitled to access and consult the Offers online on the Website. The right to access the Website granted to Visitors is a limited, revocable, non-exclusive and non-transferable right of access.
However, certain Offers may not be accessible to the Visitors due to the decision by Exhibitors to make their catalogue private. This function allows Exhibitors to individually authorise Visitors to display their product offering.
Any use of the Website and its functions contrary to their purpose and aim is strictly forbidden and constitutes a breach of these GTU, and as such is liable to result in a temporary or permanent suspension of the Profile, at the discretion of PREMIERE VISION.
When they carry out Transactions online, the Exhibitor and the Visitor use the services on the Platform provided by PREMIERE VISION, so that the sale takes place solely between the Exhibitor on the one hand and the Visitor on the other hand, via the Website, under the conditions defined by the GTU.
Payment of the orders placed online with the Exhibitor by the Visitor is carried out for PREMIERE VISION by a Payment Service Provider duly accredited by the public authorities, which carries out the transaction in accordance with its terms of service and the laws applicable to online transactions, which the Parties accept. The terms of service of the Payment Service Provider are available in the appendix to the GTU.
The amounts due to the Exhibitor will be paid by the Payment Service Provider once the transaction is deemed to have been finalised, i.e. once the Visitor has confirmed receipt of the order, or after a period of six weeks following confirmation of shipping by the Exhibitor, if there is no complaint by the Visitor.
To use the Website and its functions properly, the Exhibitor must have a computer with the following minimum configuration:
Must have a computer equipped with one of the following browsers:
The pages of the Website are responsive and therefore adapt to all definitions, but a screen with a minimum definition of 1280 x 1024 pixels is recommended
The Administrator cannot guarantee the transfer, storage or printing of the information put online on the Website from or to the User’s system or workstation.
The Administrator will endeavour to deploy proven technical systems likely to provide the required functions of the Website. Nevertheless, PREMIERE VISION does not have any duty towards the Visitors to achieve a given result in this regard, in respect of the security and permanence of the information put online, in particular due to the uncertainties linked to the use and functioning of open networks such as the internet.
In order to meet Users’ needs and to improve the functioning of the Website, PREMIERE VISION may upgrade its functions.
The functioning of the Website may be momentarily interrupted by decision of the Administrator for maintenance or security reasons. No interruption or slowdown in the functioning of the Website can result in a claim of any kind whatsoever, or in particular in compensation, particularly in the event of loss of connection, data or information of any kind whatsoever.
Information concerning use of the Website by Users may result in the use of cookies, to make it possible to adapt its functions to Users’ requirements more effectively and to optimise browsing on the Website. All Users can disable cookies on their computer by selecting the appropriate option in their browser.
All Users undertake to use the Website and its functions without attempting to bypass the security and protective technical systems. They undertake not to disrupt or paralyse its functioning.
Users who are recognised as responsible for infecting all or part of the Website with viruses, worms, Trojan horses, logic bombs or any other disruptive technical system, undertake to accept all of the consequences, and in particular the financial consequences, with regard to PREMIERE VISION or any third party victim.
In the event of wrongdoing, misconduct or fraudulent or unlawful use by it of the Website, the User undertakes to compensate the Administrator for any loss that it suffers as a result.
PREMIERE VISION can decide to block the dissemination or delete any Content put online that infringes:
PREMIERE VISION cannot incur liability on this account or owe any compensation to anyone.
Each User must personally carry out backups of and protect the data it puts online, as well as its user name and password which are strictly private and confidential.
Similarly, each User must make sure that it keeps a copy of any information exchanged, on any medium that it considers appropriate, particularly if it needs to find proof of facts or behaviour with regard to any person identified or any third party. PREMIERE VISION cannot on any account be required to provide such documents or proof.
Since no specific backups are to be carried out by the Administrator, PREMIERE VISION cannot on any account be required by a User to retrieve their data on expiry of the Subscription.
In order to be processed, all complaints concerning the functioning of the Website, its content or any other matters must be sent by email and by registered letter with acknowledgement of receipt to PREMIERE VISION. Complaints will not be considered unless the person making the complaint is duly identified and their contact details are provided.
Any mistakes, inaccuracies or omissions in the content of the Website can be notified to the Administrator by email sent to the following address: contact@premierevision.com .
In the event of a complaint by any judicial authority or the Criminal Police, the Administrator may momentarily or permanently withdraw the Offer concerned, on the decision of PREMIERE VISION notified to the Exhibitor.
If it is held contractually liable and this is recognised by a final court ruling, PREMIERE VISION can only be required to pay the amount of the Subscription paid by the plaintiff.
No direct or consequential injury, and in particular no commercial or financial loss (of turnover, gross margin or opportunity), or damage to image can be compensated by PREMIERE VISION.
In accordance with the principle of business confidentiality, the Parties undertake to show the greatest discretion regarding any information concerning the organisation of the online Services, the content of the Website and their online relations.
The User remains solely and fully liable for the personal data processing that it carries out on its own behalf, and consequently undertakes to comply with all of the provisions of the French Data Protection Act of 6 January 1978 and the General Data Protection Regulation of 27 April 2016.
Insofar as it processes personal data on behalf of the User, PREMIERE VISION acknowledges that it must comply with legal requirements in its capacity as a personal data subcontractor.
For the purpose of online transactions and the payment of orders, as well as for receiving payment of the prices, PREMIERE VISION employs a Payment Service Provider which processes personal data in the capacity of subcontractor, which each User expressly accepts by accepting these GTU, it being stated that the purpose of the personal data processing carried out by the Payment Service Provider is to provide collection and payment services for the price of the orders and to keep records of Transactions.
Any disagreements regarding the interpretation and/or performance of the Contract must, as far as possible, be settled by amicable agreement between the Parties, which PREMIERE VISION shall endeavour to encourage.
If an amicable solution is not found within a deadline of 30 calendar days, the Parties shall be entitled to refer the matter to the competent courts.
By mutual agreement between the Parties, this provision does not forbid the instigation of any urgent, ex parte or summary proceedings.
IN THE EVENT OF ANY DISPUTE THAT CANNOT BE SETTLED AMICABLY, JURISDICTION IS EXPRESSLY ALLOCATED TO THE COMMERCIAL COURT OF LYON, NOTWITHSTANDING MULTIPLE DEFENDANTS OR THIRD PARTY PROCEEDINGS, EVEN FOR URGENT, PRECAUTIONARY, SUMMARY OR EX PARTE PROCEEDINGS, AS WELL AS FOR ALL REQUESTS BASED ON THE PROVISIONS OF ARTICLE L.442-6 OF THE FRENCH COMMERCIAL CODE.
The GTU of the Website are governed by French law regardless of the nationality of the User.
They are to be read, understood and interpreted in French.