Legal notices

Website Publishers

The website www.boutique-simmons-nice.fr is owned by:

NMD NICE MEUBLES ET DECORATION

SAS with a share capital of €30,000.00

Registered office: 28 Rue de l’Hôtel des Postes, 06000 Nice

Website publication director: Gilles DEMANGE

Website host

OVH, a simplified joint-stock company with a sole shareholder and a share capital of €10,174,560.00,

OVH, 2 RUE KELLERMANN 59100 ROUBAIX

Access to the Website

Access to the Website is open to any user, a natural person, non-professional, 24 hours a day, 7 days a week, except in cases of force majeure and subject to maintenance operations on the Website and difficulties related to the structure of communication networks.

Use of the Website is entirely free of charge. However, the equipment (computer, telephone, software, telecommunications facilities, etc.) required to access the Website is the sole responsibility of the users, as are the costs of connecting to the Internet.

It is the user’s personal responsibility to acquire the knowledge necessary to use the Internet and access the Website.

To access certain services offered on the Website, the user must enter a username and a password comprising at least 6 alphanumeric characters. These login details allow the user to access a personalised environment. The user is responsible for the use of their login details and undertakes not to disclose them to third parties. In the event of the loss of their login details and/or fraudulent use of their login details by a third party, the user undertakes to inform the Publisher without delay. In any event, the Publisher shall not be held liable for any use by third parties of the elements appearing in the personal areas of the Website, nor for any damage resulting from fraudulent intrusion by a third party leading to a modification of the information made available on the Website.

Compliance with the law and public order

No user may use the Website and/or its content to disseminate material contrary to public order and morality or to any legislative or regulatory provision in force.

In particular, users are prohibited from publishing, in connection with the Website:

– any information infringing the personality rights of third parties, of an abusive, defamatory, racist or xenophobic nature, or damaging to the honour or reputation of others, or inciting discrimination or racial hatred, or threatening a person or group of persons, or of a pornographic or paedophilic nature;

– any information of a violent nature, or which condones war crimes, or which is offensive or crude;

– any information that infringes intellectual property rights legislation;

– any information of a commercial or advertising nature (unless the Publisher has given prior, written and express authorisation);

– any information that infringes personal data protection legislation.

Personal data

Certain sections of the Website may require the user to register in advance. If this is the case, personal data will be requested from the user, including their full name, postal address and email address.

The user is also informed that, during visits to the Website, a cookie may be installed on their browser with their consent. A cookie is a block of data that does not allow the user to be individually identified; however, it records information relating to browsing (the pages viewed, the date and time of the visit, etc.) which may be read during subsequent visits. For example, cookies simplify access to the Website by preventing the user from having to enter their login details each time they visit the Website. The use of cookies also enables the Publisher to monitor traffic and improve the use of its Website. The user acknowledges having been informed of this practice and authorises the Publisher to use cookies following their express consent.

Furthermore, the information collected may be subject to computer processing for the purpose of data management for commercial purposes (customer relations, marketing, order processing, etc.). This processing is currently the subject of a declaration to the CNIL under simplified standard no. 48 (decision no. 2005-112 of 7 June 2005).

In accordance with Articles 32 et seq. of the Data Protection Act (Act No. 78-17 of 6 January 1978, as amended by Act No. 2004-801 of 6 August 2004 on data processing, files and freedoms), every user has the right to access, amend and delete their data. These rights may be exercised by contacting the Publisher.

Liability

The Publisher shall endeavour to take all necessary measures to ensure the Website remains accessible to its users. However, it shall not be held liable should one or more users be unable to connect to the Website due to any technical fault, bug or any other difficulty, in particular relating to network congestion. The Publisher shall therefore not be held liable should the user be unable to use the Website, in whole or in part, for whatever reason, particularly during periods when information is being updated and/or programmes necessary for the proper functioning of the Website or the extension of its functionalities are being improved. The Publisher also accepts no liability in the event of an interruption or malfunction of the Internet network.

The Publisher further reserves the right to cease operating the Website at any time and without notice. The Publisher does not guarantee the transfer rates or response times of information circulating between the internet network and the Website’s platform. Indeed, the speed at which information circulates does not depend on the access service provided by the Publisher, but on the inherent characteristics of online networks relating to the technical means of handling the traffic generated.

The Publisher reminds users of the characteristics and limitations of the internet and accepts no liability for the consequences of users connecting to this network via the Website. In particular, the Publisher shall not be held liable for any damage, whether material or immaterial, caused to users, their computer equipment and the data stored therein, or for any consequences this may have on their business.

The Publisher shall not be held liable for hyperlinks to other resources on the Website or on the internet, nor for the contamination of computer equipment or the spread of a virus or other computer infections. The Publisher accepts no responsibility for the content of these third-party sites or for the content to which these third-party sites may link. Furthermore, the Publisher shall not be liable for their content, products, advertisements or any elements or services presented on these sites. Affiliated or non-affiliated sites are subject to their own terms and conditions of use and personal data protection policies. The Publisher shall therefore not be held liable for any proven or alleged damage or loss arising from or in connection with the use of, or reliance on, the content, goods or services available on these sites.

Use of the Website is at the user’s sole responsibility, and the user assumes all risks that may arise therefrom.

Intellectual Property

The design, form and content of the Website are the exclusive property of the Publisher. All data, texts, information, images, photographs or any other content published on the Website are protected under Intellectual Property Law, and any infringement may result in civil and criminal penalties.

Consequently, the user may under no circumstances reproduce, represent, copy, adapt, alter, modify, download or distribute all or part of the content of the Website, nor introduce content that would infringe upon the data contained on the Website. In particular, any total or partial representation of the content of the Website by any means whatsoever, including reproduction of the HTML code, without the Publisher’s prior, written and express authorisation is prohibited and would constitute an infringement punishable by law. More specifically, any total or partial reproduction of the Publisher’s trademarks or logos, or those of its partners, based on elements of the Website, without the prior, written and express authorisation of the Publisher or the owner of the logo or trademark concerned, is prohibited by law.