GENERAL TERMS AND CONDITIONS OF USE

LAST UPDATE: SEPTEMBER 16TH, 2019
USE OF THE WEBSITE ACCESSIBLE AT WWW.ALLEDMARTNEZ.COM (THE “WEBSITE”) IS SUBJECT TO THESE GENERAL TERMS AND CONDITIONS OF USE (THE “GENERAL TERMS AND CONDITIONS OF USE”). IN USING THE WEBSITE, YOU ARE DEEMED TO HAVE READ, UNDERSTOOD AND UNRESERVEDLY ACCEPTED THESE GENERAL TERMS AND CONDITIONS OF USE. IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT US AT SUPPORT@ALLEDMARTINEZ.COM ALLED-MARTINEZ MAY MODIFY AND UPDATE THESE GENERAL TERMS AND CONDITIONS OF USE AT ANY TIME. THE GENERAL TERMS AND CONDITIONS OF USE IN FORCE AS OF THE MOMENT AT WHICH THE WEBSITE IS USED ARE THOSE WHICH ARE ENFORCEABLE WITH REGARD TO YOU.
PLEASE KEEP YOURSELF UPDATED WITH REGARD TO THE TERMS AND CONDITIONS IN FORCE ON A REGULAR BASIS. YOU MAY CONSULT THE VERSION OF THE GENERAL TERMS AND CONDITIONS OF USE IN FORCE AT ANY TIME BY CLICKING THE “TERMS AND CONDITIONS” LINK, AND THEN ON “GENERAL TERMS AND CONDITIONS OF USE”.
NB: QUESTIONS RELATING TO THE PROCESSING AND PROTECTION OF ANY PERSONAL DATA GATHERED VIA THE WEBSITE ARE EXAMINED MORE SPECIFICALLY IN THE PRIVACY POLICY (SEE “PRIVACY POLICY”). THE TERMS AND CONDITIONS APPLICABLE TO ON-LINE SALES ARE DEFINED IN MORE DETAIL IN OUR GENERAL TERMS AND CONDITIONS OF SALE (SEE “GENERAL TERMS AND CONDITIONS OF SALE”).
1. INTELLECTUAL PROPERTY RIGHTS
THE WEBSITE IS PROTECTED BY COPYRIGHT, TRADE MARK LAW AND, MORE GENERALLY, BY LEGISLATION RELATING TO INTELLECTUAL PROPERTY, WITH EFFECT WORLDWIDE, BOTH IN RELATION TO ITS PRESENTATION (OPTIONS, PLAN, LAYOUT, ETC.) AND TO EACH COMPONENT PART COMPRISING ITS CONTENT (TRADE MARKS, TEXT, IMAGES, VIDEOS, ILLUSTRATIONS, LOGOS, ETC.). ALLED-MARTINEZ, ITS AFFILIATES AND/OR THE HOLDERS OF THE WEBSITE’S INTELLECTUAL PROPERTY RIGHTS ARE THE HOLDERS OF ALL INTELLECTUAL PROPERTY RIGHTS RELATING TO THE WEBSITE AND TO ITS COMPONENT PARTS.
ON THIS BASIS AND IN ACCORDANCE WITH APPLICABLE INTELLECTUAL PROPERTY LAW, USE OF THE WEBSITE AND ITS COMPONENT PARTS IS AUTHORISED FOR PRIVATE USE ONLY.
THEREFORE, THE REPRODUCTION, REPRESENTATION OR MODIFICATION, EITHER TOTAL OR PARTIAL, OF ANY PAGES, DATA OR COMPONENT PARTS RELATING TO THE PRESENTATION AND/OR CONTENT OF THE WEBSITE, VIA ANY SUPPORT WHATSOEVER AND USING ANY PROCEDURE WHATSOEVER, IS PROHIBITED OTHER THAN WITH EXPRESS PRIOR CONSENT FROM CELINE OR THE HOLDERS OF THE WEBSITE’S INTELLECTUAL PROPERTY RIGHTS.
THE TRADE MARKS BELONGING TO ALLED-MARTINEZ AND/OR ITS AFFILIATES FEATURED ON THE WEBSITE ARE TRADE MARKS REGISTERED IN FRANCE AND/OR INTERNATIONALLY FOR VARIOUS PURPOSES BY CELINE AND/OR ITS AFFILIATES. THE TOTAL OR PARTIAL REPRODUCTION OR REPRESENTATION OF THESE TRADE MARKS PERFORMED FROM THE WEBSITE OTHER THAN WITH EXPRESS PRIOR CONSENT FROM ALLED-MARTINEZ IS PROHIBITED, IN ACCORDANCE WITH THE PROVISIONS OF APPLICABLE INTELLECTUAL PROPERTY LAW.
SIMILARLY, ANY USE MADE OF ALL OR PART OF THE WEBSITE’S CONTENT FOR ILLEGAL PURPOSES RENDERS THE USER LIABLE UNDER CIVIL AND CRIMINAL LAW, AND SUCH USER MAY BE THE SUBJECT OF LEGAL PROCEEDINGS.
ALLED-MARTINEZ HAS THE RIGHT TO MODIFY THE CONTENT OF THE WEBSITE AT ANY TIME AND WITHOUT NOTICE.
2. LINKS
EXPRESS PRIOR AUTHORISATION MUST BE OBTAINED IN WRITING FROM ALLED-MARTINEZ FOR THE CREATION OF HYPERTEXT LINKS TO ANY ONE OF THE PAGES OR COMPONENT PARTS OF THE WEBSITE. THIRD PARTY WEBSITES CONTAINING HYPERTEXT LINKS TO THE WEBSITE ARE NOT UNDER THE CONTROL OF ALLED-MARTINEZ AND ALLED-MARTINEZ THEREFORE DECLINES ALL LIABILITY (PARTICULARLY AS PUBLISHER) CONCERNING ACCESS TO, AND THE CONTENT OF, SUCH WEBSITES.
THE WEBSITE MAY ALSO CONTAIN LINKS TO THIRD PARTY WEBSITES NOT PUBLISHED OR CONTROLLED BY ALLED-MARTINEZ. SUCH LINKS ARE PROVIDED AS A CONVENIENCE ONLY. THEY MAY NOT AND MUST NOT BE INTERPRETED AS AN EXPLICIT OR IMPLICIT ENDORSEMENT OF SUCH WEBSITES, THEIR CONTENT, OR OF ANY PRODUCT OR SERVICES THEREBY OFFERED. PLEASE REFER TO THE GENERAL TERMS AND CONDITIONS OF USE OF SUCH WEBSITES FOR FURTHER DETAILS REGARDING THE CONDITIONS APPLICABLE TO YOU WHEN USING THESE WEBSITES.
3. OBLIGATIONS OF THE USER
YOU HEREBY UNDERTAKE NOT TO A) USE OR ALLOW THE USE OF THE WEBSITE IN AN IMPROPER MANNER, FOR UNLAWFUL, FRAUDULENT OR MALICIOUS PURPOSES, AND PARTICULARLY (WITHOUT LIMITATION): (I) BY PIRATING THE WEBSITE OR BY INTRODUCING ANY MALICIOUS CODE, INCLUDING VIRUSES, OR HARMFUL DATA INTO THE WEBSITE OR ANY OPERATING SYSTEM; (II) BY THE USE OF A “SPIDER” OR ANY OTHER SYSTEM, METHODS OR PROGRAMMES (AUTOMATED OR OTHERWISE) TO EXTRACT DATA OR INFORMATION FROM CELINE’S WEBSITE OR SERVERS; (III) BY SENDING OR STORING DOCUMENTS CONTAINING VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL CODE, FILES, SCRIPTS, AGENTS OR COMPUTER PROGRAMMES; (IV) BY INTERFERING WITH OR CAUSING HARM TO THE INTEGRITY OR PERFORMANCE OF THE WEBSITE AND THE DATA CONTAINED THEREIN; (V) BY TRYING TO OBTAIN UNAUTHORISED ACCESS TO THE WEBSITE, ITS SYSTEMS OR ASSOCIATE NETWORKS; (VI) BY TRYING TO ACCESS THE ACCOUNTS OR PERSONAL INFORMATION OF OTHER USERS IN AN UNAUTHORISED MANNER.
4. LIMITATION OF LIABILITY
SUBJECT TO THE SPECIFIC PROVISIONS APPLICABLE TO ON-LINE SALES AND TO CONSUMER LAW, ALLED-MARTINEZ WILL UNDER NO CIRCUMSTANCES HAVE ANY LIABILITY WITH REGARD TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT OR INDIRECT DAMAGE OF ANY KIND WHATSOEVER, WHATEVER THE CAUSE, ORIGIN, NATURE OR CONSEQUENCE THEREOF, ARISING FROM THE CONSULTATION OR USE OF THE WEBSITE. IN PARTICULAR, ALLED-MARTINEZ PROVIDES NO GUARANTEE AS TO THE UNINTERRUPTED FUNCTIONING OF THE WEBSITE AND REFUSES ALL LIABILITY IN THE EVENT OF ACCESS TO THE WEBSITE BEING INTERRUPTED OR UNAVAILABLE, IN RELATION TO BUGS OR VIRUSES, TO ANY DAMAGES CAUSED BY FRAUDULENT ACTS PERPETRATED BY THIRD PARTIES (SUCH AS HACKING) CAUSING THE MODIFICATION OF THE INFORMATION PROVIDED VIA THE WEBSITE OR PREVENTING ACCESS THERETO. THE USER THEREFORE DECLARES THAT HE/SHE ACCEPTS THE CHARACTERISTICS AND LIMITS OF THE INTERNET. THIS PRESENT LIMITATION OF LIABILITY APPLIES TO THE FULL EXTENT AUTHORISED BY LAW.
5. MAINTENANCE, AVAILABILITY
ALLED-MARTINEZ WILL MAKE ITS BEST EFFORTS TO MAINTAIN A REASONABLE LEVEL OF WEBSITE FUNCTIONALITY AND AVAILABILITY. ALLED-MARTINEZ RESERVES THE RIGHT TO LIMIT ACCESS TO THE WEBSITE AND ITS USE BY THE USER AT ANY TIME AND WITHOUT NOTICE IN ORDER TO CARRY OUT MAINTENANCE WORK AND MAKE CHANGES TO THE WEBSITE. ALLED-MARTINEZ MAY NOT BE HELD LIABLE IN THE EVENT OF ANY INTERRUPTION TO ACCESS CAUSED BY SUCH MAINTENANCE OR UPDATING OPERATIONS.
6. APPLICABLE LAW – DISPUTES
THESE GENERAL TERMS AND CONDITIONS OF USE ARE GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH FRENCH LAW, BUT CERTAIN SPECIFIC MANDATORY LOCAL RULES MAY APPLY.
SHOULD ANY DISPUTE ARISE IN RELATION TO THE USE OF THE WEBSITE AND FOLLOWING THE FAILURE OF ANY CLAIM FILED IN WRITING BY THE CUSTOMER OR IF NO RESPONSE HAS BEEN MADE WITHIN A REASONABLE DEADLINE OF ONE (1) MONTH, YOU MAY IF YOU WISH HAVE RECOURSE TO ANY METHOD OF ALTERNATIVE DISPUTE RESOLUTION, PARTICULARLY MEDIATION VIA THE CMAP (PARIS CENTRE FOR MEDIATION AND ARBITRATION). IN ORDER TO SUBMIT A DISPUTE TO THE MEDIATOR, THE CUSTOMER MAY (I) COMPLETE THE FORM PUBLISHED ON THE CMAP WEBSITE: WWW.CMAP.FR, TAB “YOU ARE: A CONSUMER”, (II) SEND HIS/HER REQUEST BY SIMPLE LETTER OR BY REGISTERED LETTER WITH ACKNOWLEDGMENT OF RECEIPT TO CMAP MÉDIATION CONSOMMATION, 39 AVENUE FRANKLIN D. ROOSEVELT, 75008 PARIS, OR (III) SEND AN EMAIL TO CONSOMMATION@CMAP.FR. WHATEVER THE METHOD USED TO REFER TO CMAP, THE CUSTOMER REQUEST MUST CONTAIN THE FOLLOWING IN ORDER TO BE PROCESSED QUICKLY: HIS/HER POSTAL, EMAIL AND TELEPHONE CONTACT DETAILS TOGETHER WITH ALLED-MARTINEZ’S FULL NAME AND ADDRESS, A BRIEF DESCRIPTION OF THE FACTS AND EVIDENCE CONFIRMING THAT HE/SHE FIRST TRIED TO SOLVE THE DISPUTE WITH ALLED-MARTINEZ.
YOU REMAIN FREE TO ACCEPT OR DECLINE SUCH RECOURSE TO MEDIATION AND, IF RECOURSE IS MADE TO MEDIATION, EACH PARTY REMAINS FREE TO ACCEPT OR DECLINE THE SOLUTION SUGGESTED BY THE MEDIATOR.
YOU MAY ALSO DECIDE TO INITIATE THE MEDIATION PROCESS VIA THE ONLINE DISPUTE SETTLEMENT PLATFORM DEVELOPED AND MANAGED BY THE EUROPEAN COMMISSION AT THE FOLLOWING ADDRESS: HTTP://EC.EUROPA.EU/CONSUMERS/ODR/.
IF NO AMICABLE SOLUTION CAN BE REACHED AND NO RECOURSE IS MADE TO MEDIATION, ALL DISPUTES POTENTIALLY GENERATED BY THE GENERAL TERMS AND CONDITIONS OF USE WILL BE SUBMITTED TO THE JURISDICTION OF THE COMPETENT COURTS IN ACCORDANCE WITH APPLICABLE LAW: YOU OR WE MAY REFER THE CASE TO THE COURTS WHERE YOU ARE RESIDENT OR YOU MAY REFER THE CASE TO THE FRENCH COURTS.





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IGNACIO ORTEGA

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THE ENTIRE CONTENT OF THE WEBSITE IS PROTECTED BY INTELLECTUAL PROPERTY RIGHTS, INCLUDING COPYRIGHT AND TRADEMARKS.