Conditions générales de vente
Welcome to Lescanebiers.com. This site is provided by Les Canebiers SA as a service to our customers. Please review the following basic rules that govern your use of the Lescanebiers.com site. (the "Agreement"). Please note that your use of the Lescanebiers.com site (the "Site") constitutes your unconditional agreement to follow and be bound by this Agreement. Although you may "bookmark" a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to this Agreement. Lescanebiers.com reserves the right to update or modify this Agreement at any time without prior notice to you. Your use of the Site following any such change constitutes your unconditional agreement to follow and be bound by this Agreement as changed. For this reason, we encourage you to review this Agreement whenever you use this Site. Any changes will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change.
USE OF THIS SITE
By accepting this Agreement through your use of the Site, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by this Agreement. Lescanebiers.com does not intentionally collect personal information about children under the age of 13. Children under the age of 13 may not use this Site and parents or legal guardians may not agree to this Agreement on their behalf. If you are a parent or legal guardian agreeing to this Agreement for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur.
If you do not agree to (or cannot comply with) any of these terms and conditions, do not use this Site. All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information may constitute a breach of this Agreement. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of Lescanebiers.com or its suppliers and protected by U.S. and international copyright laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited.
Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Lescanebiers.com will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Lescanebiers.com on this Site and other than generally available third party web browsers (e.g., Microsoft Explorer, Safari, Google Chrome, Firefox).
Please note that there may be certain orders that Lescanebiers.com is unable to accept and must cancel. We reserve the right, at Lescanebiers.com’s sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by Lescanebiers.com’s credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.
SECURITY AND PERSONAL DATA
While Lescanebiers.com strives to provide accurate product and pricing information, pricing or typographical errors may occur. Lescanebiers.com cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Lescanebiers.com shall have the right, at Lescanebiers.com’s sole discretion, to refuse or cancel any orders placed for that item. If we discover an error in the price of the merchandise you have ordered, we will contact you and give you the option of either confirming your order at the correct price or canceling the initial order.
QUANTITY LIMITS & DEALER SALES
Lescanebiers.com reserves the right, at Lescanebiers.com’s sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same Lescanebiers.com account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied.Lescanebiers.com also reserves the right, at Lescanebiers.com’s sole discretion, to prohibit sales to dealers.
You agree not to: (a) decompile, reverse engineer, disassemble, modify, reduce the Site to human perceivable form or create derivative works based upon the Site or any part thereof; (b) disable any licensing or control features of the Site; (c) introduce into the Site any virus or other code or routine intended to disrupt or damage the Site, or alter, damage or delete any Content, or retrieve or record information about the Site or its users; (d) merge the Site or Content with another program or create derivative works based on the Site or Content; (e) remove, obscure, or alter any notice of the copyright or other proprietary legends on the Site or Content; (f) sublicense, assign, translate, rent, lease, lend, resell for profit, distribute or otherwise assign or transfer the Content or access to the Site to others; (g) use, or allow the use of, the Site or the Content in contravention of any federal, state, local, foreign or other applicable law, or rules or regulations of regulatory or administrative organizations; or (h) otherwise act in a fraudulent, illegal, malicious or negligent manner when using the Site. Except as expressly provided herein, Les Canebiers and the third parties reserve all rights with respect to the Site, and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies) in the event of any violations.
COPYRIGHTS AND TRADEMARKS
Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Lescanebiers.com, one of its affiliates or by third parties who have licensed their materials to Lescanebiers.com and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this site is the exclusive property of Lescanebiers.com and is also protected by U.S. and international copyright laws. Lescanebiers.com and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of Lescanebiers.com's or any third party's intellectual property rights. Les Canebiers names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Les Canebiers SA. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner. References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Lescanebiers.com endorsement, sponsorship or recommendation of the third party, information, product or service. Lescanebiers.com is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party web sites, you do so entirely at your own risk.
Les Canebiers may collect and aggregate data about your usage of the Site, and Les Canebiers shall be the sole owner of such information.
If you believe that any of the Contents infringe on any of your intellectual property rights, please contact Les Canebiers immediately at the address provided below. Except as expressly provided herein, Lescanebiers.com and the third parties reserve all rights with respect to the Content, and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies) in the event of any violations. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Lescanebiers.com’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE.
We have made every effort to display the colors of Lescanebiers.com’s products that appear on the Site as accurately as possible. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
You agree to defend, indemnify and hold harmless Lescanebiers.com and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.
The Lescanebiers.com website may contain links to third party websites not under the operation or control of Les Canebiers SA. Such links are provided as a convenience only and cannot, and should not be interpreted as, an express or implied endorsement of such third party websites or any products or services offered thereon. You may only provide a link to the Lescanebiers.com website if expressly authorized in writing by Les Canebiers SA.
THIS SITE IS PROVIDED BY LES CANEBIERS ON AN "AS IS" AND "AS AVAILABLE" BASIS. LES CANEBIERS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, LES CANEBIERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, LES CANEBIERS DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE LES CANEBIERS WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL Lescanebiers.com OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE LESCANEBIERS.COM WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF LES CANEBIERS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LESCANEBIERS.COM BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE...
LINKING TO THE SITE AND SOCIAL MEDIA FEATURES
You may link to Lescanebiers.com’s homepage, provided you do so in a way that is fair and legal and does not damage Lescanebiers.com’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on Lescanebiers.com’s part without Lescanebiers.com’s express [written] consent.
This Site may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on this Site.
Send e-mails or other communications with certain content, or links to certain content, on this Site.
Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us[,/and] solely with respect to the content they are displayed with[ and otherwise in accordance with any additional terms and conditions we provide with respect to such features]. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you.
Cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
Link to any part of the Site other than the homepage.
Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of this Agreement.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in Lescanebiers.com’s discretion.
Headings used in this Agreement are for reference purposes only and in no way define or limit the scope of the section. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of Lescanebiers.com to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Les Canebiers' rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under New York law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to this Agreement or your use of this Site must be brought in the state or federal courts of New York and you consent to the exclusive personal jurisdiction of such courts.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND LESCANEBIERS.COM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
This Site is controlled from offices within the United States. Lescanebiers.com makes no representation that content or materials in this Site are appropriate or available for use in other jurisdictions. Access to this Site content or materials from jurisdictions where such access is illegal is strictly prohibited. If you choose to access this Site from other jurisdictions, you do so at your own risk. You are always responsible for your compliance with applicable laws. Lescanebiers.com is not authorized to do business in every jurisdiction. Information published on this Site may contain references or cross-references to goods or services that are not available in your state or country.