UPDATED ON 09 MARCH 2023

Table of contents

Terms

The "Ma-Lampe-Rechargeable.com" website is operated by FDNYSTORE, a micro-enterprise registered with the Tours Trade and Companies Register under number 890 214 703, whose registered office is located at 9 Rue Robert Vivier, 37200 TOURS.

Throughout the site, the terms "we", "us" and "our" refer to Ma-lampe-rechargeable.com in its capacity as Seller. Ma-lampe-rechargeable offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting this site and/or purchasing any of our products, you agree to be bound by the following terms and conditions ("Terms and Conditions of Sale", "Terms and Conditions of Use", "Terms"), including any additional terms, conditions and policies referred to herein and/or hyperlinked thereto. These Terms and Conditions apply to all users of this site, including, but not limited to, users who browse the site, are sellers, customers, merchants and/or content contributors.

Please read these terms and conditions of sale and use carefully before accessing or using our site. By accessing or using any part of this site, you agree to be bound by these Terms and Conditions of Sale and Use. If you do not accept all the terms and conditions of this agreement, you must not access the website or use the services offered on it. If these General Terms and Conditions of Sale and Use are considered an offer, acceptance is expressly limited to these General Terms and Conditions of Sale and Use.

All new features and tools added to this shop in the future will also be subject to these general terms and conditions of sale and use. You can consult the most recent version of the general terms and conditions of sale and use at any time on this page. We reserve the right to update, modify or replace any part of these Terms and Conditions of Sale and Use by posting updates and/or modifications on our website. It is your responsibility to check this page regularly to see if there are any changes.

Our shop is hosted on WooCommerce and they provide us with the e-commerce platform that allows us to sell our products and services to you.


Terms and conditions of use of our online shop


By accepting these general terms and conditions of sale and use, you declare that you have reached the age of majority in your country, state or province of residence, and that you have given us your consent to allow any dependent minor to use this website.

The use of our products for illegal or unauthorised purposes is prohibited. You must also not, in the course of using the service, violate the laws of your jurisdiction (including, but not limited to, copyright laws).

You must not transmit worms, viruses or any other destructive code.

Any breach or violation of these General Terms and Conditions of Sale and Use will result in the immediate termination of your services.

Terms and conditions of sale


We reserve the right to refuse access to the services to any person, at any time and for any reason whatsoever.

You understand that your content (with the exception of credit card information) may be transferred unencrypted, which involves (a) transmissions over various networks; and (b) modifications to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted when transmitted over networks."

You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the service or use of the service, or any access to the service or contact on the website, through which the service is provided, without our express prior written consent.

The headings used in this agreement are included for your convenience, and do not limit or affect these conditions.

ARTICLE 1 - Scope of application

These General Terms and Conditions of Sale ("GTCS") apply, without restriction or reservation, to all sales concluded by the Seller with non-professional purchasers ("Customers") wishing to acquire the products offered for sale ("Products") by the Seller on the ma-lampe-rechargeable.com website. The Products offered for sale on the site are as follows:

  • Rechargeable lamps of all types, made up of electronic components and batteries (lithium, NimH, etc.)
  • Accessories and other electronic components to complement their use (batteries, chargers, etc.)

The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the website ma-lamp-rechargeable.com which the Customer is obliged to read before ordering.

The choice and purchase of a Product are the sole responsibility of the Customer.

Product offers are subject to availability, as specified when the order is placed.

These General Terms and Conditions can be accessed at any time on the website ma-lamp-rechargeable.com  and will prevail over any other document.

The Customer declares that he/she has read these General Terms and Conditions of Sale and has accepted them by ticking the appropriate box before placing an order on the ma-lampe-rechargeable.com website.

In the absence of proof to the contrary, the data recorded in the Vendor's computer system constitutes proof of all transactions concluded with the Customer.

The Seller's contact details are as follows:

FDNYSTORE, Sole proprietorship under the micro-enterprise regime

Registered with the RCS of Tours, under number 890 214 703

Address: 9 Rue Robert Vivier, 37200 TOURS

Email : fdnystore@gmail.com

Intracommunity VAT number: FR60890214703

IOSS VAT number: IM2500030591

The Products presented on the ma-lampe-rechargeable.com website are offered for sale in the following territories:

  • Metropolitan France
  • French Overseas Departments and Territories
  • Member countries of the European Union
  • All other non-EU countries

For all Products shipped to any destination, the price will be calculated inclusive of all taxes, including all local taxes, state taxes, customs duties or import duties, automatically included on the invoice.

ARTICLE 2 - Prices

The Products are supplied at the current prices shown on the ma-lampe-rechargeable.com website when the order is registered by the Seller.

Prices are given in Euros and include VAT.

Prices take into account any discounts granted by the Seller on the ma-lampe-rechargeable.com website.

These prices are firm and non-revisable during their period of validity, but the Seller reserves the right to modify the prices at any time outside the period of validity.

Prices do not include processing, dispatch, transport and delivery charges, which are invoiced in addition, under the conditions indicated on the site and calculated before the order is placed.

The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.

An invoice is drawn up by the Seller and given to the Customer upon delivery of the Products ordered.

ARTICLE 3 - Orders

It is up to the Customer to select the Products he/she wishes to order on the ma-lampe-rechargeable.com site, in accordance with the following procedures:

  • Customers choose their product(s) and put them in their shopping basket.
  • Once the choice has been made, the customer must enter the billing information

The billing information will automatically be included in the delivery information.

  • If the delivery details are different from the billing details, the customer must tick the "Ship to a different address" box.
  • If the customer already has an account on the ma-lampe-rechargeable.com site, he/she must first log in or click on "Click here to log in" before continuing with the order.
  • Once the information has been scrupulously filled in and checked, the customer must choose their method of payment, credit card or Paypal, then enter their payment details.
  • He/she will then have to tick "I have read and accept the terms and conditions" before clicking on "Order".

Notification of the order and details of the products will be sent by e-mail after validation.

Product offers are valid for as long as they are visible on the site, while stocks last.

The sale will not be considered valid until the price has been paid in full. It is the Customer's responsibility to check the accuracy of the order and to report any errors immediately.

Any order placed on the ma-lampe-rechargeable.com website constitutes the formation of a contract concluded remotely between the Customer and the Seller.

The Vendor reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.

The Customer will be able to track the progress of his/her order on the site.

ARTICLE 4 - Terms of payment

The price is paid by secure payment as follows:

  • Secure payment by credit card.
  • Payment via a Paypal account

Our partners Stripe and Paypal provide us with their 100% secure payment platform. Our site itself is protected by SSL encryption.

The price is payable in full by the Customer on the day the order is placed.

Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider for banking transactions carried out on the ma-lampe-rechargeable.com site.

Payments made by the Customer shall not be considered final until the Seller has actually received the sums due.

The Vendor shall not be obliged to deliver the Products ordered by the Customer if the Customer does not pay the Vendor the price in full in accordance with the conditions set out above.

ARTICLE 5 - Deliveries

The Products ordered by the Customer will be delivered in mainland France or in the following zone(s):

  • French overseas departments and territories / Europe / Worldwide.

Deliveries are made from 7 working days for metropolitan France and from 10 working days for other destinations, without this exceeding 30 calendar days, to the address indicated by the Customer when placing his/her order on the site. These delivery times do not include the time required to process the order, which may take up to 2 working days.

Delivery consists of the transfer to the Customer of physical possession or control of the Product. Except in special cases or when one or more Products are unavailable, the Products ordered will be delivered in a single shipment.

The Seller undertakes to do its utmost to deliver the products ordered by the Customer within the time limits specified above.

If the Products ordered have not been delivered within a reasonable period of time from the indicative delivery date according to the Customer's address, or for any other reason beyond the Customer's control, the Customer shall have a period of 15 calendar days from the scheduled delivery date within which the sale may be cancelled at the Customer's written request under the conditions set out in the following paragraphs. Articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him/her no later than fourteen days after the date of cancellation of the contract, to the exclusion of any compensation or deduction.

Deliveries are made by an independent carrier to the address given by the Customer at the time of ordering and to which the carrier has easy access.

Where the Customer has engaged a carrier of his or her own choosing, delivery shall be deemed to have taken place as soon as the Products ordered have been handed over by the Seller to the carrier, who has accepted them without reservation. The Customer therefore acknowledges that it is the carrier's responsibility to make the delivery and has no recourse against the Seller in the event of failure to deliver the goods transported.

In the event of a specific request from the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the related costs will be subject to specific additional invoicing, based on an estimate previously accepted in writing by the Customer.

The Customer must check the condition of the products delivered. He/She has a period of 15 days from delivery to make any complaints by e-mail to : support@ma-lampe-rechargeable.com with the order number. He/she will be able to consult the conditions of return available on our page return policy. He/She must accompany his/her complaint with all supporting documents (photographs in particular). Once this period has elapsed and if these formalities have not been complied with, the Products will be deemed to be in conformity and free from any apparent defect and no complaint will be validly accepted by the Seller.

The Vendor will reimburse or replace, as soon as possible and at its own expense, the Products delivered for which the lack of conformity or the apparent or hidden defects have been duly proven by the Customer, in accordance with the conditions set out in articles L 217-4 et seq. of the French Consumer Code and those set out in these GCS.

The transfer of the risks of loss and deterioration relating thereto shall only take place when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk, except where the Customer has chosen the carrier. In this respect, the risks are transferred when the goods are handed over to the carrier.

ARTICLE 6 - Transfer of ownership

The transfer of ownership of the Products from the Vendor to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of the said Products.

ARTICLE 7 - Right of withdrawal

In accordance with Article L221-18 of the Consumer Code "In the case of contracts providing for the regular delivery of goods over a defined period, the period runs from receipt of the first goods.

The right of withdrawal may be exercised online, using the withdrawal form attached hereto and also available on the site, or by any other unambiguous statement expressing the wish to withdraw, and in particular by post addressed to the Seller at the postal or e-mail address indicated in ARTICLE 1 of the GTCS.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be remarketed as new, accompanied by the purchase invoice.

Damaged, soiled or incomplete Products will not be taken back.

The cost of returning the goods shall be borne by the Customer.

The exchange (subject to availability) or refund will be made within 14 days of receipt by the Seller of the Products returned by the Customer under the conditions set out in this article.

ARTICLE 8 - Seller's liability - Warranties

The Products supplied by the Seller benefit from :

  • the legal guarantee of conformity, for defective, damaged Products or Products that do not correspond to the order,
  • the legal warranty against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use,

Provisions relating to legal guarantees

Article L217-4 of the Consumer Code

"The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was his responsibility under the contract or was carried out under his responsibility.

Article L217-5 of the Consumer Code

"The property conforms to the contract:

1° Whether it is fit for the use ordinarily expected of similar goods and, if so :

- if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;

- it has the qualities that a purchaser may legitimately expect, having regard to the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;

2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.

Article L217-12 of the Consumer Code

"Any action resulting from a lack of conformity shall be barred after two years from the date of delivery of the goods.

Article 1641 of the French Civil Code.

"The seller is liable for any hidden defects in the goods sold that render them unfit for their intended use, or that impair that use to such an extent that the buyer would not have purchased them, or would have paid a lower price for them, had he or she been aware of them.

Article 1648 paragraph 1 of the Civil Code

"Any action arising from redhibitory defects must be brought by the purchaser within two years of discovery of the defect.

Article L217-16 of the French Consumer Code.

"When the buyer asks the seller, during the period of the commercial guarantee granted to him at the time of the purchase or repair of a movable good, for a repair covered by the guarantee, any period of immobilisation of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the date of the buyer's request for service or from the date the item in question is made available for repair, if it is made available after the request for service.

In order to assert his/her rights, the Customer must inform the Seller in writing (e-mail or letter) of the non-conformity of the Products or the existence of hidden defects as soon as they are discovered.

The Seller will reimburse, replace or have repaired the Products or parts under warranty that are deemed to be non-compliant or defective.

Postage costs will be reimbursed on the basis of the invoiced rate and return postage costs will be reimbursed on presentation of supporting documents.

Refunds, replacements or repairs of Products deemed to be non-conforming or defective will be made as soon as possible and at the latest within 30 days of the Vendor's finding of the non-conformity or hidden defect. This refund may be made by bank transfer or cheque.

The Vendor cannot be held liable in the following cases:

  • non-compliance with the legislation of the country to which the products are delivered, which it is the Customer's responsibility to check,
  • in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident or force majeure.
  • The photographs and graphics presented on the site are not contractual and the Seller cannot be held responsible for them.

The Vendor's guarantee is, in any event, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.

Provisions relating to the contractual guarantee

Products purchased on the ma-lampe-rechargeable.com site may benefit, in addition to the legal guarantees of conformity and hidden defects, from a contractual guarantee as indicated where applicable in the description of a given Product, according to the following terms, conditions and rates:

Applies to all products purchased on ma-lampe-rechargeable.com in the event that the slightest malfunction is detected in the device. The main purpose of this additional guarantee is above all to prevent any risk to the Customer's physical condition.

This contractual guarantee covers the following situations:

  • The product does not light up
  • The product does not accept recharging
  • The product overheats when recharging
  • The automatic recharge stop (when the product benefits from it) does not work when the batteries are fully recharged.
  • The product overheats abnormally during use
  • The battery compartment swells and releases harmful substances
  • The battery shows the slightest sign of deterioration.

This guarantee is excluded in the following situations:

  • The product has not been used as intended
  • The product has been in contact with liquid substances (water, oil, etc.) when it is not sufficiently watertight to withstand them.
  • The product has been damaged intentionally or unintentionally after a fall
  • The product has been dismantled by the buyer
  • The product has been connected to a power source that does not comply with its maximum recharging capacity.
  • The product has been short-circuited
  • The product has been subjected to a lightning surge
  • The product has been damaged as a result of being recharged on a domestic electrical network that does not comply with safety standards.
  • The product has been lost or stolen

It applies under the following conditions:

In accordance with the conditions of return set out in our returns policy, the customer may make a claim under the contractual guarantee by sending an e-mail to the following address support@ma-lampe-rechargeable.com and support its claim, in particular with photographs. The conditions for re-shipment will then be communicated. Compensation will be paid immediately after receipt and assessment of the product. It will be the sole responsibility of the Seller or the manufacturer to assess the admissibility of the defects for which the customer is at fault.

ARTICLE 9 - Personal data

The Customer is hereby informed that the collection of his/her personal data is necessary for the sale of Products by the Seller and for the transmission of such data to third parties for the purpose of delivering Products. This personal data is collected solely for the performance of the sales contract.

The Customer is also informed that the collection of his/her personal data is also necessary for the following purposes:

  • To process and execute orders validated on ma-lampe-rechargeable.com, until delivery of the products.
  • To provide a quality after-sales service to the Customer in the event of a dispute, with the sole aim of resolving it.
  • Collect customer reviews following an order. After placing an order, our partner "La Société des Avis Garantis" will send a notification requesting a review within ten days of the presumed delivery date. The customer reserves the right not to respond to this request and to notify this by clicking on "Unsubscribe" in the e-mail that will be sent to him/her.

Apart from the reasons mentioned above, no personal information will be disclosed to any third party unless it is necessary for the proper operation of the ma-lampe-rechargeable.com site or to improve the quality of service offered to customers.

9.1 Collection of personal data

The submission of your personal information to our shop is governed by our privacy policy.

The personal data collected on the ma-lampe-rechargeable.com website are as follows:

Ordering Products :

When the Customer orders Products:

Full name, postal address, telephone number and e-mail address.

Payment

When paying for Products offered on the ma-lampe-rechargeable.com site, the site records financial data relating to the Customer's bank account or credit card.

9.2 Recipients of personal data

Personal data is used by the Seller and its co-contractors for the performance of the contract and to ensure the efficient sale and delivery of the Products.

The category(ies) of co-contractor(s) is (are) :

  • Transport service providers
  • Payment institution service providers

9.3 Data controller

The data controller is the Seller, within the meaning of the French Data Protection Act (Loi Informatique et Libertés) and, as of 25 May 2018, of the French Data Protection Act (Loi Informatique et Libertés). Regulation 2016/679 on the protection of personal data.

9.4 limitation of processing

Unless the Customer expressly agrees, his/her personal data will not be used for advertising or marketing purposes.

9.5 Data retention period

The Seller will keep the data thus collected for a period of 5 years, covering the period of prescription of the applicable contractual civil liability.

9.6 Security and confidentiality

The Seller implements organisational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorised access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.

9.7 Implementation of Customer and user rights

Pursuant to the regulations applicable to personal data, Customers and users of the ma-lampe-rechargeable.com website have the following rights:

  • They can update or delete their data as follows:

Send an e-mail to support@ma-lampe-rechargeable.com or from the contact by specifying the subject and simply making the request. If the e-mail address used to make the request does not correspond to the attached account, the correct attachment e-mail address must be specified in the request.

  • They may delete their account by writing to the e-mail address indicated in article 9.3 "Data controller".
  • They may exercise their right of access to the personal data concerning them by writing to the address indicated in article 9.3 "Data controller".
  • If the personal data held by the Seller is inaccurate, they may request that the information be updated by writing to the address indicated in article 9.3 "Data controller".
  • They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in article 9.3 "Data controller".
  • They may also request the portability of data held by the Seller to another service provider.
  • Finally, they may object to the processing of their data by the Seller

These rights, provided they do not conflict with the purpose of the processing, may be exercised by sending a request by post or e-mail to the Data Controller whose contact details are given above.

The data controller must respond within a maximum of one month.

If the Customer's request is refused, reasons must be given.

The Customer is hereby informed that in the event of refusal, he/she may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.

The Customer may be asked to tick a box by which he/she agrees to receive informative and advertising e-mails from the Seller. They may withdraw their consent at any time by contacting the Seller (contact details above) or by following the unsubscribe link.

ARTICLE 10 - Intellectual property

The content of the ma-lampe-rechargeable.com website is the property of the Seller and its partners and is protected by French and international intellectual property laws.

Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.

ARTICLE 11 - Applicable law - Language

These General Terms and Conditions and any transactions arising from them are governed by and subject to French law.

These GTC are written in French. In the event that they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.

ARTICLE 12 - Disputes

For any complaint, please contact the customer service department at the Seller's postal or e-mail address indicated in ARTICLE 1 of these GTCS.

The Customer is hereby informed that he/she may in any event have recourse to conventional mediation, with the existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

In this case, the appointed mediator is (membership pending)

The Customer is also informed that he/she may also use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show

All disputes arising from the purchase and sale transactions concluded in application of these GTCS and which have not been settled amicably between the seller or by mediation, will be submitted to the competent courts under the conditions of common law.

Made on https://www.legalplace.fr

ANNEX I

Withdrawal form

Date ______________________

This form must be completed and returned only if the Customer wishes to withdraw from the order placed on ma-lampe-rechargeable.com, except where exclusions or limitations to the exercise of the right of withdrawal are set out in the applicable General Terms and Conditions of Sale.

To the attention of Entreprise Individuelle, FDNYSTORE

9 Rue Robert Vivier

I hereby give notice of withdrawal from the contract for the following goods:

- Ordered on (indicate date)

- Order number: ...........................................................

- Customer name: ...........................................................................

- Customer's address: .......................................................................

Signature of the Customer (only in the case of notification of this form on paper)


Optional tools


We may provide you with access to third-party tools over which we have no control, monitoring or influence.

You acknowledge and agree that we provide access to these tools on an "as is" and "as available" basis, without any warranties, representations or conditions of any kind and without any endorsement. We shall have no legal liability arising out of or in connection with the use of these optional third party tools.

If you use any of the optional tools available on the site, you do so at your own risk and discretion, and you should review the terms and conditions under which these tools are offered by the relevant third-party supplier(s).

We may also, in the future, offer new services and/or features on our site (including new tools and resources). These new features and services will also be subject to these terms and conditions.


Third party


Certain content, products and services available through our service may include elements from third parties.

Third party links on this site may direct you to third party websites which are not affiliated with us. We have no obligation to review or evaluate the content or accuracy of such sites, and we do not warrant or assume any responsibility for any content, website, products, services or other items accessible on or from such third-party sites.

We are not responsible for any damages or injury arising from the purchase or use of any goods, services, resources, content or any other transaction conducted in connection with such third party sites. Please read the policies and practices of third parties carefully and ensure that you understand them before engaging in any transaction. Any claims, complaints, concerns or questions regarding the products of these third parties should be submitted to these third parties.


Comments and suggestions from users


If, at our request, you submit specific content (for example, to enter contests), or if, without our request, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by e-mail, by mail or otherwise (collectively, "Feedback"), you grant us the right, at any time, without limitation, to edit, copy, publish, distribute, translate and otherwise use in any media the Feedback you send to us. We are not and will not be obligated to (1) maintain the confidentiality of any Comments; (2) compensate any person for any Comments provided; or (3) respond to any Comments.

We may, but are not obliged to, monitor, edit or remove content that we consider, in our sole discretion, to be unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene or otherwise objectionable, or which infringes any intellectual property or these terms and conditions of sale and use.

You agree to write comments that do not infringe the rights of third parties, including copyrights, trademarks, confidentiality, personality or other personal or proprietary rights. You also agree that your comments will not contain any illegal, defamatory, offensive or obscene content, or any computer viruses or other malicious software that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone you are not, or attempt to mislead us and/or others as to the origin of your comments. You are entirely responsible for all comments you post and their accuracy. We take no responsibility for comments posted by you or third parties.


Errors, inaccuracies and omissions


Certain information on our site or in the Service may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, shipping costs, delivery times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders, if any information on the Service or any linked website is inaccurate, at any time without notice (including after you have placed your order).

We are under no obligation to update, modify or clarify the information contained in the Service or any related website, including but not limited to pricing information, except as required by law. No defined update or update date in the service or on any associated website shall be taken as a basis for concluding that the information in the service or on any associated website has been updated.


Prohibited uses


In addition to the prohibitions set out in the general terms and conditions of sale and use, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to incite or participate in the unlawful acts of third parties; (c) to violate any regional order or any international, federal, provincial or state law, rule or regulation; (d) to infringe or violate our intellectual property rights or those of third parties; (e) harass, abuse, insult, hurt, defame, denigrate, intimidate or discriminate against anyone on the basis of gender, sexual orientation, religion, ethnic origin, race, age, national origin or disability; (f) submit false or misleading information; (g) upload or transmit viruses or any other type of malicious code that will or may be used in a manner that adversely affects the functionality or operation of the Service or any related, independent or Internet web site; (h) collect or track the personal information of others; (i) spam, phish, hijack, mine, crawl or scan the World Wide Web (or any other resource); (j) for obscene or immoral purposes; or (k) violate or circumvent security measures of our service, any other website or the Internet. We reserve the right to terminate your use of the Service or any related website if you violate any of these prohibited uses.


Exclusion of warranties and limitation of liability


We do not warrant or represent in any way that your use of our service will be uninterrupted, timely, secure or error-free.

We do not guarantee that the results that may be obtained by using the service will be accurate or reliable.

You agree that, from time to time, we may discontinue the service for indefinite periods or cancel the service at any time without notice.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The service and all products and services provided to you through the service are (unless expressly stated otherwise by us) provided on an "as is" and "as available" basis for your use, without representations, warranties or conditions of any kind, either express or implied, including all implied warranties of merchantability or fitness for a particular purpose, durability, title and non-infringement.

In no event shall our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors be liable for any injury, loss, claim or damage of any kind, whether direct, indirect, incidental, punitive, special, consequential or otherwise, including, but not limited to, lost profits, lost revenues, lost savings, lost data, replacement costs or similar damages, whether in contract or tort (including negligence), strict liability or other liability arising out of your use of the service or any product of the service, or for any other claim relating in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of the service or any content (or product) posted, transmitted, or otherwise made available through the service, even if you have been advised of the possibility of such an occurrence. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability will be limited to the maximum extent permitted by law.


Compensation


You agree to indemnify, defend and hold harmless Ma-lampe-rechargeable, our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, our trainees and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these terms and conditions of sale and use or the documents to which they refer, or your violation of any law or the rights of a third party.


Divisibility


If any provision of these General Terms and Conditions of Sale and Use is held to be illegal, invalid or unenforceable, such provision may nevertheless be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed to be severed from these General Terms and Conditions of Sale and Use, such severance not affecting the validity and enforceability of any remaining provisions.


Cancellation


The obligations and liabilities incurred by the parties prior to the date of termination shall survive the termination of this Agreement for all purposes.

These terms and conditions of sale and use are effective until terminated by you or otherwise. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our services, or when you cease to use our site.

If we determine, in our sole discretion, that you are in default, or if we suspect that you have been unable to comply with the terms of these terms and conditions, we may also terminate this agreement at any time without notice to you and you will remain liable for all amounts due up to and including the date of termination, and/or we may deny you access to our services (or any part thereof).


The entire agreement


Any failure by us to exercise or enforce any right or provision of these General Terms and Conditions of Sale and Use shall not constitute a waiver of such right or provision.

These Terms and Conditions or any other policies or operating rules published by us on this site or in connection with the service constitute the entire agreement and understanding between you and us and govern your use of the service, and supersede all prior and contemporaneous communications, proposals and agreements, oral or written, between you and us (including, without limitation, any prior version of the Terms and Conditions).

Any ambiguity as to the interpretation of these General Terms and Conditions of Sale and Use will not be interpreted to the disadvantage of the party drafting them.


Applicable law


These General Terms and Conditions of Sale and Use, and any separate agreement under which we provide services to you, shall be governed by and construed in accordance with the laws of the country in which we are located.


Changes to the general terms and conditions of sale and use


You can consult the most recent version of the General Terms and Conditions of Sale and Use at any time on this page.

We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms and Conditions of Sale and Use by posting updates and modifications on our site. It is your responsibility to visit our site regularly to check for changes. Your continued use of or access to our site following the posting of any changes to these Terms and Conditions of Sale and Use constitutes your acceptance of those changes.


Contact details


Questions relating to the general terms and conditions of sale and use should be addressed to us at the following address: support@ma-lampe-rechargeable.com.