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TERMS & CONDITIONS OF USE AND LEGAL NOTICE
 Date these TCUs were last updated 17/11/2022

 

LEGAL NOTICE

 

The website www.heristoria.com (hereinafter the “Site”) is published by Heristoria, a société par actions simplifiée with a stated capital of 3 540 000€, having its registered office at 24/32 rue Jean Goujon- 75008 Paris, France, registered in the Registry of Trade and Companies of Paris under number 900 752 999, and whose European VAT number is FR29900752999, telephone : +331.40.69.03.24   (hereinafter « Heristoria »).

 

Publication Director: Antonio Belloni, Président

 

Hosting services provider:

Salesforce.com France

Address : 3 avenue Octave Gréard 75007 Paris, France

Tel. : +33 1 72 10 94 00

 

Shopify International Limited
Address : 2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland

Tel. : + 353 1 668 6152

 

Design and realization of the Site: IWCI - 5 Esp. Compans Caffarelli, 31000 Toulouse.

 

The Site offers each User accessing, navigating or visiting the Site (hereinafter the “User” or “Users”), subject to compliance with these Terms and Conditions of Use (hereinafter the “TCUs”), access to certain online sales.

 

The User undertakes upon each visit to the Site to comply with these TCUs, which apply to all sales available on the Site.

 

Consequently, the User accepts, without reservation, the present TCUs in their entirety before using the Site. The simple use of the Site automatically implies acceptance by the User of these TCUs.

 

Heristoria reserves the right to modify these TCUs at any time without prior notice. Consequently, the User is advised to regularly refer to the latest version of the TCUs available on the Site.

 

 

  1. PURPOSE OF THE TCUs

 

The purpose of these TCUs is to define the terms and conditions of use of the Site as well as the rights and obligations of the User.

 

For purposes of these TCUs, the term "Affiliate" (“Affiliate”) means any entity that controls, is controlled by or is under common control with Heristoria, including its subsidiaries.

 

 

  1. PRESENTATION OF THE SITE

This Site is intended for the online sale by Heristoria of vintage or exceptional products of the Affiliates (the "Products") to end consumers, through a system of temporary sales and permanent sales (the "Chapters"). The number and dates of the Chapters are defined by Heristoria.

 

Access to the Site is free of charge. The User is solely liable for all costs in connection with accessing and using the telecommunications network in accordance with the terms determined by his Internet service providers and telecommunications operators.

 

 

  1. INTELLECTUAL PROPERTY

 

The Site is protected by copyright, droit d’auteur, trademark law and, more generally, by legislation relating to intellectual property, worldwide, both with regard to its form (choices, plan, layout, etc.) and with regard to each of the elements of its content (trademarks, texts, images, videos, illustrations, logos, etc.). Heristoria and/or the holders of intellectual property rights of the Site hold all the intellectual property rights relating to the Site and its components.

 

In this respect, and in accordance with the provisions of the French Intellectual Property Code and any other applicable law, only the use of the Site and of its elements for private purposes is authorized.

 

The reproduction, representation or modification, in whole or in part, of the pages, data or any component of the form and/or content of the Site, on any medium and by any means, is prohibited without the prior express authorization, depending on the case, of Heristoria and/or the owners of the intellectual property rights of the Site. The trademarks appearing on the Site are trademarks registered in France and/or internationally for various uses by Heristoria.

 

Any reproduction or representation, in whole or in part, of these trademarks made from the Site without the prior and express authorization of Heristoria or the holders of intellectual property rights, is prohibited, in accordance with the provisions of Article L.713-2 of the French Intellectual Property Code.

 

Similarly, any reproduction, retrieval and/or use of the Site’s contents in whole or in part for illicit purposes is expressly prohibited and may result in the civil or criminal liability of the User.

 

 

  1. USER’S OBLIGATIONS AND LIABILITY

 

The User agrees not to:

 

  • Use or allow the Site to be used in an improper manner, for any unlawful, fraudulent, or malicious purposes, including, without limitation, by (i) hacking the Site or introducing any malware, viruses, or harmful data into the Site or any operating system, (ii) using a spider or any other system, mechanism, or program (automated or not) to extract data or information from the Site or Heristoria’s servers, (iii) sending or storing documents containing viruses, worms, Trojan horses, or other harmful computer codes, files, scripts, agents, or programs, (iv) interfering with or harming the integrity or performance of the Site and the data it contains, (v) trying to gain unauthorized access to the Site, its systems, or related networks, and (vi) trying to gain unauthorized access to the accounts or personal information of other Users;

 

  • When browsing the Chapters selling alcohol or spirits, the User must be of legal age to consume and/or purchase alcohol according to the legislation in force in his/her place of residence;

 

  • Use the Site in any manner other than as provided for in these TCUs or in a manner that infringes the intellectual property rights of Heristoria and Affiliates promoted by Heristoria or of Heristoria and Affiliates’ reputation;

 

  • Use the Site in a manner that may damage, disable, overload, disrupt or compromise the operation or security of the Site.

The User agrees that he is solely liable for his use of the Site and the resulting consequences of such use.

 

The User shall keep his ID and password strictly confidential. The User shall not share them in any way with a third party to permit access to the Site. The User is solely responsible and liable for any activities carried out from his user account, including by any unauthorized user.   

 

Heristoria can take any measure, at any time and for any reason whatsoever, to terminate, without any prior notice, the use of the Site by the User who is in breach of these TCUs, without prejudice to any damages that Heristoria reserves the right to claim from the User as a result. 

 

 

  1. HERISTORIA LIABILITY

 

Heristoria does not guarantee the uninterrupted, bug-free or virus-free functioning of the Site. The User declares that he/she accepts the characteristics and limits of the Internet, and in particular that: (I) his/her use of the Site is at his/her own risk; (II) the Site is accessible "as is" and according to its availability; and (III) the User is responsible for the protection of his/her own content and must take all appropriate measures to protect it from any viruses.

 

Heristoria and its Affiliates and their representatives shall not be held responsible to the Users for any failure of the lines or systems necessary for its use.

 

Heristoria and its Affiliates and their representatives shall not be held liable for the transmission of confidential information on the Internet.

 

Thus, to the maximum extent permitted by applicable law, Heristoria and its Affiliates and their representatives disclaim any liability to the Users for any interruption, suspension or malfunction of the Site, loss of data, the occurrence of bugs, inaccuracy or omission concerning information available on the Site, any damage resulting from fraudulent intrusion by a third party leading to a modification of the information made available on the Site, and more generally for any direct or indirect damage, resulting from the use or access to the Site, to its content, whether the User is advised or not of the possibility of such damage.

 

 

  1. AVAILABILITY – MAINTENANCE

 

Heristoria will make commercially reasonable efforts to maintain a reasonable level of operation and availability of the Site. Heristoria reserves the right to limit Users’ access to and use of the Site, at any time without prior notice, to conduct maintenance operations or make changes. Heristoria shall not be liable for any access interruption due to such maintenance or update operations.

 

 

  1. PERSONAL DATA

 

Heristoria protects the personal data of the Website’s Users.

 

Heristoria encourages the Users of the Site to review the Personal Data Policy, which sets out, in particular, how their personal data is collected, processed, used, transmitted, stored and protected.    

 

 

  1. APPLICABLE LAW – DISPUTES

 

These TCUs are governed by French law.  

 

Any User of the Site acknowledges that French courts have jurisdiction over any dispute relating to the contents and use of the Site.

 

 

  1. LANGUAGE

 

These TCUs have been prepared in English. If they are translated into one or more languages, the French version shall prevail in case of any inconsistencies.

 

 

  1. REPORTING ABUSE

 

If a User wishes to lodge a complaint about any content that he/she considers illegal, he/she shall contact contact@heristoria.com.

 

Furthermore, in case of any technical issue or incident, any User of the Site can write to the following e-mail address contact@heristoria.com.