Effective on 2022, Juy the 1st
The purpose of these General Terms and Conditions of Use hereinafter referred to as "GTCU" is to provide a legal framework on the conditions of provision of the website’s services https://www.clas.com/en/ hereinafter referred to as "Website" and the services provided by CLAS Equipments and to define the conditions of access and use of the services for the user.
The hereby GTCU are available on the Website in the "GTCU" section.
ARTICLE 1 - LEGAL NOTICES
The content of the Website is provided by the company CLAS Equipements SAS with a capital of 930,020 euros, registered at the Chambéry Trade and Companies Register under number 409 786 944 whose head office is at 83, chemin de la Crouza, 73800 CHIGNIN (France) thereafter “Publisher”.
The Director of publication is Mr. Philippe Barrault, President.
The Website’s hosting is the company OVH SAS, with a capital of 10,069,020 euros, registered in the Lille Trade and Companies Register under number 424 761 419 whose head office is at 2, rue Kellerman, 59100 ROUBAIX (France).
ARTICLE 2 - ACCESS TO THE WEBSITE
The Website is intended for professional users hereinafter referred to as "User(s)" in the automotive sector after opening a Client Account.
The "User" herein is defined as the one performing a work that requires specialized expertise and recognized knowledge in the automotive manufacturing sector as well as the use of services, solutions, and related tools.
The opening of the Client Account through the Website is a pre-requisite for Users to place orders on the Website.
Prior to the opening of the Client Account, CLAS Equipements carries out a financial and legal compliance check to authorize access to and the use of the Website. It is understood that CLAS Equipment may refuse to open the account at its option.
This compliance checking is carried out regarding the data provided by the potential User. The data processed by CLAS Equipements includes the User's financial data, his professional license if any, and his professional email. The information required above are not exhaustive and CLAS Equipements reserves the right to request additional information strictly necessary to validate the opening of the Client Account.
After the compliance checking, CLAS Equipements provides to the User a "CLAS Customer Code" allowing the User to activate his Client Account. This Clas Customer Code shall remain at all times confidential and under User responsibility. It must not be communicated to third parties.
It is understood that in the absence of a Client Account, no order can be placed.
CLAS Equipements reserves its right to delete, at any time and without prior notice, the Client Account of a User as soon as the aforementioned criteria are no longer met. The User may not claim any compensation.
ARTICLE 3 - DATA COLLECTION
The rights that may be exercised by Users are listed in the Privacy Policy in "Article 7 – Right of access, rectification, and suppression of your data and security obligation ".
The Website provides the User with a collection and processing of personal information in compliance with privacy under French Law No. 78-17 of January 6th, 1978 dite “Loi informatique, fichiers et libertés” and Européean Directive named General Data Protection Regulation (hereinafter "GDPR") No. 2016/679/EU of April 27th, 2016, the Publisher, in its capacity as data controller, guarantees privacy for the Users of the Website.
Regarding the “Loi informatique, fichiers et libertés” (Data Privacy Act) and the GDPR, the User has the right to access, rectify, erase, and object to his personal data.
ARTICLE 4 – INTELLECTUAL PROPERTY
All documents delivered or sent by CLAS Equipements are subject to "Article 13 – Intellectual Property" of its General Terms and Conditions of Sale.
Trademarks, logos, signs, as well as all the contents of the Website (texts, photos, graphics... etc.), are protected by intellectual property rights held by CLAS Equipements in compliance with the French Intellectual Property Code.
The prohibitions applicable to Users of the Website are listed in the Privacy Policy in "Article 3 – Intellectual Property". However, as soon as the User has a Client Account validated by CLAS Equipements, he will be entitled to use only the images of the photographs to make sales and marketing operations under his sole and entire responsibility by indicating all the information, certificates of ownership or licenses relating to these images, Logos…etc.
ARTICLE 5 – HYPERTEXT LINKS
Hypertext links may be present on the Website. The User is informed that by clicking on these links, he will leave the Website and therefore the editorial content under the responsibility of the publisher CLAS Equipements.
In accordance with "Article 4 – Hypertext Links" of the Privacy Policy applying to the hereby GTCU, the Publisher is not responsible for the consequences related to hypertext links. Therefore, by accessing another website through a hypertext link, the User is solely responsible for the consequences that may happen.
ARTICLE 6 – RESPONSIBILITIES
The User of the Website acknowledges having verified that the computer configuration he uses does not contain any virus and therefore it is in perfect working order. It is recalled that the secrecy of correspondence is not guaranteed on the web and that it is up to each web User to take all appropriate measures to protect his own data and/or software from the contamination of any viruses circulating on Internet.
CLAS Equipements shall not be held liable for any damage, direct or indirect, that may arise from the access, use, or downloading of content via the Website, including, damage or virus that could infect the User's computer or any other equipment.
CLAS Equipements strives to allow access to the Website 24 hours out of 7 days, except in the event of force majeure or an event beyond its control, and subject to any breakdowns and maintenance interventions necessary for the proper functioning of the Website and services in accordance with "Article 8 – Force Majeure" of our General Terms and Conditions of Sale applicable to the GTCU herein.
Therefore, CLAS Equipements shall not guarantee the availability of the Website and/or services, the reliability of transmissions, and performance in terms of response time or quality. CLAS Equipements shall not be held liable in the event of impossibility of access to the Website and/or use of the services.
In addition, CLAS Equipements may be required to interrupt the Website or part of the services, at any time without prior notice, without any right of compensation. The User acknowledges and accepts that CLAS Equipements shall not be responsible for interruptions, and the consequences that may result for the User or any third party.
ARTICLE 7 – COOKIES
The various cookies mentioned in "Article 8 – Cookies" of our Privacy Policy apply to the hereby GTCU.
The User is informed that during his visits on the Website, a cookie may be automatically installed on his browser.
Cookies are files temporarily stored on the hard drive of the User's computer by his browser and which are necessary for the use of the Website. Cookies do not contain personal information and cannot be used to identify anyone. A cookie contains a unique identifier, randomly generated and therefore anonymous.
The information contained in cookies is used to improve the Website (track the volume, type, and configuration of traffic).
By browsing the Website, the User accepts them.
The User may deactivate these cookies through the settings in his browser.
ARTICLE 8 - PROOF
The records of the Website's IT systems are kept on a faithful, durable, and secure backing by the Publisher in compliance with the applicable regulations. In the event of a dispute, the data in these registers will prevail, including proof of submission of registration or subscription form to products or services, downloading content, publishing content, exchange of e-mails, etc.
ARTICLE 9 – MODIFICATION OF THE GENERAL TERMS AND CONDITIONS OF USE
CLAS Equipements reserves its right to modify, at any time and without prior notice, the hereby GTCU in order to adapt them to changes on the Website and/or its use.
ARTICLE 10 – APPLICABLE LAW AND CONTACT
In accordance with "Article 9 – Applicable Law and Contact" of the Privacy Policy, the hereby General Terms and Conditions of Use are under French law and subject to the courts’ jurisdiction of the Publisher’s head office (Chambéry), except if there is a specific attribution of jurisdiction resulting from a law or specific regulation.
For any information on the content presented on the Website or on the Website itself, you can write to us via: contact@clas.com.