Terms of Use

 

Welcome to the website www.resipsafrance.fr (hereinafter the "Website").

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE OF THE WEBSITE (HEREINAFTER "TERMS OF USE") CAREFULLY BEFORE USING THE WEBSITE.

The Terms of Use govern access to and use of the Website, content, and Services accessible through the Website ("Services").

By using the Website and the Services, you signify your complete acceptance of the Terms of Use and all guidelines and rules, including, without limitation, the Privacy Policy referred to in clause 13 (below), and recognition of their binding nature. When you register to use the Website and Services, you will be asked to agree to be bound by these Terms of Use. You are only authorized to use the Website and the Services if you agree to comply with all applicable laws and the provisions outlined in the Terms of Use and signify your acceptance during registration, subscription, or process. If you ("User ”) disagree to be bound by these Terms of Use and to comply with all applicable laws, you should not continue to register or use the Services.

Res Ipsa reserves the right, in its sole discretion, to modify these Terms of Use at any time. Res Ipsa will post the revised Terms of Use on the Website and update the "Last Updated" date to reflect the changes made. Please review these Terms of Use regularly. Use of the Website and Services after posted changes constitutes your full acceptance of the updated Terms of Use. If you do not agree to the updated Terms of Use, you must refrain from using the Website or Services at any time. 

  1. Imprint 

1.1 The Website and its contents are designed, operated, and administered by Res Ipsa, a société par actions simplifiée in France, with a registered office at 200 Boulevard Saint-Germain, Paris 75007, VAT no. FR40952263721, a wholly-owned subsidiary of Res Ipsa USA, LLC, a limited liability company headquartered in The United States (hereinafter "Res Ipsa," "we," "our"). 

  1. Age of User 

2.1 The Services are intended for persons who have reached the age of majority in their country or territory of residence or, if they have not reached the age of majority, who do not have parent(s) or legal guardian(s) must consent to use of the services. 

  1. Services 

3.1 You may register, subscribe, or request our services, as available from time to time on the Website. The Services may include, by way of example, but are not limited to, "Create a Res Ipsa Account." 

3.2 When registering, subscribing, or requesting our services, you must provide accurate information about yourself. If there are any changes to the information you provided during your registration, subscription, or application, you must notify us of these changes to ensure that you continue to receive the Services.

3.3 If you have registered for a service requiring prior authentication (for example, My Res Ipsa Account), you agree to notify us immediately if you suspect unauthorized use of your account or access to your password. You are solely responsible for any use of your account that is attributable to you or that is due to a failure to protect your password.

3.4 These Terms of Use, and any posted revisions to these Terms of Use, will remain in full force and effect throughout your use of the Website or Services.

3.5 Without prejudice to other remedies provided by applicable law and by these General Conditions of Use, if you fail to comply with the obligations provided for in these General Conditions of Use, Res Ipsa will be entitled to cancel your registration or subscription and/or block your account and/or deny, restrict, suspend or terminate your access to the Website and the Services.

  1. Duration – Termination 

4.1 Res Ipsa wants to provide you with the same unified experience, regardless of how you interact with us. To offer you the Res Ipsa experience, you can create a Res Ipsa Account among the Services available on the Website.

4.2 Creating a Res Ipsa Account will allow you to:

(i) to facilitate your purchases. If you create a Res Ipsa Account, you will also be able to track the status of your orders and access information relating to your purchases and, with your agreement, save your payment information securely; (ii) to benefit from direct marketing operations aimed at offering you a personalized and optimized purchasing experience. These may include one-on-one interactions to provide you with tailored product recommendations, exclusive offers, and event invitations; (iii) to benefit from tailored support and customer service when you contact us or we contact you (whether by telephone, video chat, SMS, chat, social networks, etc.), in particular through access by Res Ipsa teams to your purchase history or previous interactions with Res Ipsa; (iv) to benefit from a tailor-made and personalized experience. By leveraging the data you provide in your profile, we aim to provide you with a personalized experience and tailored support. This may include personalized product recommendations, style advice, and personalized offers based on your preferences and purchasing history. However, Res Ipsa will process your data by applicable privacy laws and regulations and our Privacy Policy; (v) with your consent, to receive marketing communications and promotional materials relating to our products and services. You have the right to refuse these communications at any time by applying the opt-out option, which will always be communicated to you, as described in our Privacy Policy.

4.3 When you create a Res Ipsa account, you agree: (i) to provide and maintain accurate and complete information about yourself; (ii) to preserve the confidentiality of your Res Ipsa account and your connection identifiers, where applicable; and (iii) to restrict access to it for any other person. Once you have asked us to create your Res Ipsa Account, your personal information will be linked to this profile, where we will store all the information we have about you. The information contained in your Res Ipsa Account is essential to providing you with a personalized and tailored Res Ipsa experience and, in some cases, may be necessary to access specific services; they must therefore be kept up to date so that you can benefit from the best possible experience.

4.4 You accept responsibility for all activities under your Res Ipsa account, whether or not you have authorized such activities or actions.

4.5 By section 3.5 above, if we have reasonable grounds to suspect that the information you provide impersonates another person, Res Ipsa reserves the right to suspend or terminate your Res Ipsa Account.

4.6 You can delete your Res Ipsa account at any time by contacting our privacy team at info@resipsausa.com. For more information on how to exercise your rights regarding your personal information, please refer to our Privacy Policy.

  1. Electronic Services

5.1 Certain parts of the Services may require them to be provided using electronic communication channels such as email, SMS, and telephone calls.

5.2 You agree that we may contact you with matters relating to the Services by email, SMS, or other electronic technology. You acknowledge that, in some jurisdictions, the use of mobile services may incur fees that will be billed to you by your service provider or network services and that you are responsible for paying these charges. In any case, the user will be informed of possible costs linked to the Services. 

  1. Intellectual property rights 

6.1 The term "website" and the term "materials" refer, respectively, by way of example, to the design software, the implementation and use of the website, the provision on the page, the structure and organization of the contents of the website and any element reproduced on the website and/or made available to the public including in particular the collection and organization of data and information, photographs, images, illustrations, texts, video clips, musical compositions, audio clips, designs, devices, logos, brands, distinctive elements, dressing or any other element reproduced and/or made available by the website ("Material"). 

6.2 All elements on the Website, in whole or in part, including by way of example, trademarks, domain names, designs, patents, and copyrights, are protected and are the sole property of Res Ipsa and /or RES IPSA USA LLC. All rights reserved, worldwide. 

6.3 All trademarks, trade names, logos, and other distinctive designs and signs reproduced on the Website, whether registered or not, are trademarks or service marks of Res Ipsa in the United States and Res Ipsa in all other countries. All domain names used on and/or connected to the Website are owned - or used with permission - by Res Ipsa, which is administered worldwide. 

6.4 This website is intended exclusively for private, personal, and non-commercial use, and the materials on this website are presented for informational and/or promotional purposes only.

6.5 It is not permitted to reproduce(unless the reproduction is for personal, non-commercial use), publish, disclose, transmit, make public, republish, distribute, display, remove, delete, add to or otherwise modify, create and/or use derivative works of, or works inspired by, sell or participate in a sale of, this Website, any material on this Website or related software, in whole and/or part, in any form and/or manner, and whatever the purpose. If downloading or copying is authorized in writing by Res Ipsa, the user will not obtain any right, title, or interest in any Submitted Material or software as a result of such downloading or copying.

6.6 Res Ipsa is committed to maintaining, enforcing, and protecting its intellectual property rights worldwide and combating violations of its rights to ensure that its unique heritage is well preserved and fully respected. Any use not expressly permitted by these Terms of Use is prohibited. The absence of judicial or extrajudicial recourse by Res Ipsa does not mean acceptance or tolerance of violations of these Conditions of Use of the Site and/or violations of the intellectual property rights of which Res Ipsa Has ownership and/or control availability. 

  1. Submitted Materials 

7.1 You agree and acknowledge that any suggestions, projects, ideas, concepts, photographs, contributions, or other content or materials (excluding personal information) shared or sent to Res Ipsa through this Website, or by any other form of communication (the "Submitted Materials") are not considered confidential. By submitting Submitted Materials you grant Res Ipsa a royalty-free, non-exclusive, worldwide right to copy, reproduce, perform, modify, adapt, license, resell, translate, incorporate, create derivative works from, operate on, publish, disclose, distribute or otherwise use, in whole or in part, the Submitted Materials, for the maximum legal duration of protection of the corresponding intellectual property rights, for advertising, promotion or product development purposes, in any medium current or future. 

7.2 Res Ipsa is not required and will not be required in the future to: (i) maintain the Submitted Materials in confidence; (ii) pay compensation for use of or use in connection with the Submitted Materials; (iii) respond to the submission of Submitted Materials and/or confirm receipt of said Materials.

7.3 You represent and guarantee that the Submitted Elements do not violate any third-party rights, legal or contractual, including by way of example, copyright, trademark, patent, trade secret, confidentiality, or any other property rights or personal rights.

7.4 By submitting Submitted Materials, you agree to Res Ipsa's right, but not the obligation, to copy, reproduce, publish, disclose, distribute, perform, modify, adapt, license, resell, translate, incorporate, create works derivatives, operate, or use in any other way, in whole or in part, on any current or future means, the Submitted Elements, for any purpose, including, by way of example, for advertising, promotion, development product or other commercial purposes, without granting you or any third party a right to any compensation. You are and will remain entirely responsible for the content of any Submitted Material.

7.5 Res Ipsa reserves the right to decline or delete any Submitted Material with or without reason, including any Submitted Material which, in our judgment, violates the Terms of Use or which may be offensive, illegal, or which violates the rights of any person or entity or would harm or threaten the safety of any person or entity. 

  1. Links to other sites 

8.1 This website may contain links to other websites. Res Ipsa has no control over these websites and is not responsible for your access to the third-party website or its content. 

8.2 Hyperlinks to other websites and references to information, products, or services of third parties linked to this website do not constitute, nor can they be construed in any way, as an endorsement, by Res Ipsa, these websites, the information, products, or services discussed. Any questions or comments regarding these websites should be directed to the respective operator. 

8.3 You may not reproduce this Website on any other website or link to any part or section of the Website and/or Submitted Materials, in whole or in part, without the prior written permission of Res Ipsa.

  1. Exclusion of Warranty 

9.1 TO THE EXTENT PERMITTED BY LAW, THIS WEBSITE, ITS CONTENT, AND ITS SERVICES ARE PROVIDED FREE OF CHARGE "AS IS" AND "AS AVAILABLE". RES IPSA MAKES NO WARRANTY REGARDING THE WEBSITE, ITS CONTENT OR ITS SERVICES, INCLUDING, BY WAY OF EXAMPLE, ANY WARRANTY AS TO CONTINUOUS, UNINTERRUPTED AVAILABILITY OR AGAINST FAILURE. RES IPSA MAKES NO WARRANTY THAT THE WEBSITE IS FREE OF MALICIOUS PROGRAMS (SUCH AS VIRUSES, BUGS, MALWARE OR OTHERWISE) OR AS TO ITS APPROPRIATENESS FOR ANY PARTICULAR PURPOSE AND EXPRESSLY DISCLAIMS ANY SUCH WARRANTY.

9.2 RES IPSA ENSURES THAT THE INFORMATION MADE AVAILABLE THROUGH THE WEBSITE IS ACCURATE AND UP TO DATE. HOWEVER, RES IPSA CANNOT GUARANTEE THE ACCURACY OF THE INFORMATION OR THAT THE INFORMATION IS ERROR-FREE OR OMISSIONS. RES IPSA OFFERS NO WARRANTY AND ITS RESPONSIBILITY CANNOT BE ENGAGED IN THIS CAUSE. RES IPSA RESERVES THE RIGHT TO UPDATE AND/OR CORRECT THE CONTENT OF THE WEBSITE AT ANY TIME, WITHOUT FURTHER NOTICE AND WITHOUT INVOLVING LIABILITY FOR ANY REASON WHATSOEVER. 

  1. Limitation of Liability 

10.1 SOME JURISDICTIONS DO NOT ALLOW ALL OR PART OF THE FOLLOWING LIMITATIONS OR EXCLUSIONS OF LIABILITY. THE CONTENT OF THIS SECTION MAY NOT APPLY TO THE CUSTOMER IF AN APPLICABLE LAW IN THIS MATTER REQUIRES SO. 

10.2 TO THE EXTENT THE SERVICES ARE PROVIDED FREE OF CHARGE, YOU ARE RESPONSIBLE FOR EVALUATING THE INFORMATION AND CONTENT OBTAINED THROUGH THE WEBSITE. BY USING THE WEBSITE, YOU ACCEPT ALL RISKS INHERENT IN THE USE AND ASSUME FULL RESPONSIBILITY FOR ANY DEFECTS RELATING TO THE USE, ANY LOSS OF DATA AND ALL COSTS RELATED TO ALL NECESSARY SERVICES AND MAINTENANCE MATERIAL AND/OR SOFTWARE USED IN CONNECTION WITH THE WEBSITE. 

10.3 TO THE EXTENT OF APPLICABLE LAW, YOU ALSO AGREE TO PROTECT AGAINST ALL LIABILITY RES IPSA, ITS LICENSORS, SERVICE PROVIDERS, AGENTS, REPRESENTATIVES, DIRECTORS, IN ALL REGARDS AND FOR ANY POSSIBLE DAMAGES, INCLUDING BUT NOT LIMITED TO, DIRECT OR INDIRECT DAMAGES, LOSSES OR EXPENSES ARISING OUT OF OR RESULTING FROM USE OF OR IN CONNECTION WITH THE WEBSITE, SERVICES, ITS CONTENT, OR ANY LINKED SITE. RES IPSA ALSO DISCLAIMS ANY LIABILITY RELATING TO INABILITY TO USE, BY ANY PARTY, OR ANY LIABILITY RELATING TO ANY FAILURE OF PERFORMANCE, ANY ERROR, ANY OMISSION, ANY INTERRUPTION, ANY FAILURE, ANY DELAY IN OPERATION OR ANY TRANSMISSION, ANY VIRUSES COMPUTER OR ANY DEFECT IN THE SYSTEM OR COMMUNICATION LINES, EVEN IF USER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, LOSSES OR EXPENSES.

10.4 NOTHING IN THESE TERMS OF USE SHALL EXCLUDE OR LIMIT (I) OUR LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM ANY INTENTION ON OUR PART; AND/OR (II) OUR LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION OR GROSS NEGLIGENCE, OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED DUE TO APPLICABLE LAW. 

  1. Indemnification 

11.1 If permitted by applicable law, you agree to indemnify and hold harmless us and each of our parents, subsidiaries and affiliates, agents, directors, legal representatives, attorneys, officers, partners, and employees of any loss, liability, claim or demand, including reasonable attorneys' fees, of any third party arising from your use of the Website and Services in violation of these Terms of Use and /or arising from a breach of these Terms of Use and/or any breach of the warranties given by you in these Terms of Use and/or if Submitted Materials transmitted through the Website give rise to our liability towards third parties. 

  1. Applicable law  

12.1 These Terms of Use and any non-contractual obligations arising therefrom or in connection with them shall be governed by and construed by French law (without regard to any conflict of law provisions) unless the imperative law of your place of residence provides otherwise. Any disputes arising from or in connection with these Terms of Use or any non-contractual obligations arising from or in connection with these Terms of Use will be under the exclusive jurisdiction of the French courts or courts of your place of domicile or residence if the applicable law requires it. 

  1. Privacy Policy 

13.1 Before uploading or providing any personal data to this website, please carefully read the Privacy Policy available by clicking here https://resipsafrance.fr/pages/privacy-policy. Unless your express consent is required under applicable data protection law, by transferring or providing any personal data to the Website, you agree to be bound by our Privacy Policy.