GENERAL TERMS AND CONDITIONS OF USE OF THE WEBSITE
Version applicable from July 2021
Article 1 – Purpose and scope
These general terms and conditions of use (hereinafter referred to as the “General Terms and Conditions of Use”) governs the conditions of use of the website published by Aqualung Trading, société anonyme with registered office at 1ère Avenue - 14ème Rue - BP 148 06513 Carros Cedex – France registered in France under number RCS 382 106 243 (hereinafter referred to as “AQUALUNG”) which is accessible at the following URL address www.apeksdiving.com (hereinafter referred to as the “Website") by any internet users (hereinafter referred to as the “User(s)").
The Website allows the User to find out information about AQUALUNG's brand, activities, products, specifications, etc... and to purchase products of the brand Apeks online. This list is provided for information only and is not exhaustive.
The General Terms and Conditions of Use do not apply to the sale of products made through the Website which is exclusively governed by the general terms and conditions of sale. AQUALUNG reserves the right to modify these General Terms and Conditions of Use from time to time.
Article 2 – Enforceability
Accessing and using this Website implies knowledge and acceptance of these General Terms and Conditions of Use.
Article 3 – Accessibility
The User may access the Website from any recent equipment (e.g. computer, mobile, etc.) with a connection to the internet network.
The acquisition of this equipment, its configuration, its maintenance and all related costs are the sole responsibility of the User, AQUALUNG having no obligation whatsoever in this respect.
Article 4 – Availability
AQUALUNG makes its best efforts to ensure availability of the Website.
Considering the constraints of the internet network, AQUALUNG provides no guarantee in relation to the availability of the Website. AQUALUNG does not guarantee the User that the Website will operate without interruption, malfunction or any other error.
AQUALUNG shall not be liable in the event of the Website being unavailable due to malfunctions of the internet network or any other event beyond its control.
AQUALUNG reserves the right to interrupt, temporarily suspend or modify access to all or part of the Website without prior notice, in particular in order to ensure maintenance or for security or improvement purposes.
Article 5 – Security
AQUALUNG makes its best efforts to ensure security of the Website. The User is solely responsible for the security of the login and password granted, as the case may be, by AQUALUNG. The User shall not disclose its login and password to a third party.
The User undertakes:
- to provide accurate information, in particular when creating an account;
- to make its best efforts to prevent any unauthorised access to his or her account and, in the event that he or she becomes aware of such access or use, the User undertakes to inform AQUALUNG without delay;
- not to create a false identity when creating an account or otherwise attempt to mislead a third party;
- not to interfere with, disrupt or attempt to gain unauthorized access to any computer system, server, network or account to which he or she is not authorized to have access or to a level beyond his or her authorization;
- not to disseminate or transmit any computer virus or malicious program.
The User shall indemnify AQUALUNG in the event that the latter is held liable for any breach of the obligations set out in this Article.
Article 6 – Intellectual property
AQUALUNG is the exclusive owner of all intellectual property rights in relation to the Website, its content and all components e.g. development, logo, graphic charter, texts, pictograms, photographs, videos, etc.
The User shall not modify, copy, reproduce, download, broadcast, transmit, commercially exploit and/or distribute in any way whatsoever the Website, its content and/or its components for any reason whatsoever without the prior written authorisation of AQUALUNG.
Any use of the Website, its content and/or its components not expressly authorised by AQUALUNG constitutes an infringement which may lead to civil and/or criminal penalties.
Article 7 – Liability
AQUALUNG makes its best efforts to display up-to-date and accurate information on the Website.
AQUALUNG shall not be liable to the User under these General Terms and Conditions of Use for any indirect damages suffered by the User that may result from access to or use of the Website including without limitation damages for harm to business, lost revenues, lost savings or lost profits.
In the event of non-compliance with the General Terms and Conditions of Use, AQUALUNG reserves the right to:
- take any measures against the User in order to protect its interests;
- deactivate, ipso jure and without compensation, the User's account on the expiry of the period specified in the formal notice send by AQUALUNG to the User by email or by registered letter with acknowledgment of receipt or immediately if the User has compromised the security of the Website.
Article 8 – Personal data and Cookie
Article 9 – Non waiver
The failure or omission of AQUALUNG to insist, in any instance, upon strict performance by the User of any term or provision of these General Terms and Conditions of Use or to exercise any of its rights hereunder shall not be deemed to be a modification of any term hereof or a waiver or relinquishment of the future performance of any such term or provision by AQUALUNG, nor shall such failure or omission constitute a waiver of the right of AQUALUNG to insist upon future performance by the User party of any such term or provision.
Article 10: Governing law and jurisdiction
Any dispute relating to these General Terms and Conditions of Use is governed by French law to the exclusion of all other law. It falls under the exclusive jurisdiction of the French courts, but the User may bring a claim under these General Terms and Conditions of Use in their local courts if they do not live in France. If the User has its actual residence in another country at the time of his or her use of the Website, the application of mandatory legal provisions of this country remains unaffected by the choice of law.