END USER LICENSE AGREEMENT
BEUCHAT-DIVING
Put online on 2024, September 13th
Preamble
The BEUCHAT-DIVING.COM website is published and administered by the Company Beuchat International SAS whose registered office is located at 34, Avenue Boisbaudran, 13015 Marseille.
The use of the BEUCHAT-DIVING.COM website and the purchase of products offered on BEUCHAT-DIVING.COM are subject to the present General Conditions of Use.
By using the BEUCHAT-DIVING.COM website, you acknowledge that you have read, understood and accepted these Terms of Use without reservation. Similarly, by using the BEUCHAT-DIVING.COM website, you acknowledge the site's Privacy Policy.
The present Terms of Use and Privacy Policy may be updated at any time. The General Conditions of Use and the Confidentiality Policy in force at the time of use of the BEUCHAT-DIVING.COM site are those which are opposable to you.
We advise you to keep yourself regularly informed of the conditions in force. You can consult the current version of the General Conditions of Use or the Confidentiality Policy at any time by going to the ‘General Conditions of Use’ section of the BEUCHAT-DIVING.COM site.
The Confidentiality Policy of the BEUCHAT-DIVING.COM site governs the use of personal information communicated to BEUCHAT INTERNATIONAL on this site. BEUCHAT INTERNATIONAL may modify its Privacy Policy at any time, as provided in this document.
The BEUCHAT-DIVING.COM site is not intended for minors.
1. Intellectual property rights
All the elements (drawings, models, illustrations, images, soundtracks, texts, logos, brands...) making up the BEUCHAT-DIVING.COM site are the exclusive property of BEUCHAT INTERNATIONAL. With the exception of the exceptions expressly provided for in the General Terms of Use, you are prohibited from reproducing in whole or in part, by any process whatsoever, from distributing, publishing, transmitting, modifying or selling all or part of the content of the BEUCHAT-DIVING.COM site, or from creating works derived therefrom.
The trademark ‘ BEUCHAT “, the figurative trademark representing a swordfish, all other trademarks and logos linked to BEUCHAT INTERNATIONAL, registered or not, displayed on the BEUCHAT-DIVING.COM site, as well as the domain name ”BEUCHAT-DIVING ’ are and will remain the exclusive property of BEUCHAT INTERNATIONAL. Any reproduction, distribution, transmission, modification or use of these trademarks without the express prior consent of BEUCHAT INTERNATIONAL, for any reason whatsoever, is prohibited.
It is prohibited to remove any copyright, trademark or other proprietary rights notices from the BEUCHAT-DIVING.COM site or any content contained therein. You may make one copy of Internet pages published on the Site for your private, personal, non-commercial use, provided that any copy of such Internet pages retains all copyright and other proprietary notices contained therein.
2. Personal data
The Confidentiality Policy of the BEUCHAT-DIVING.COM site governs the use of personal information communicated to BEUCHAT INTERNATIONAL on this site. The Privacy Policy may be modified at any time.
Personal data is information relating to an identified or identifiable natural person. It includes, for example, a person's name, address and gender.
We may collect personal data directly from you or indirectly (for example, from your electronic devices that interact with our websites, electronic forms or mobile applications).
2.1. Data that you provide to us directly
You may provide us with data
- when you create an online account ;
- when you subscribe to our newsletter;
- when you use our Digital Platforms;
- when you purchase products or services on our Digital Platforms;
Depending on what you provide us with, this information may include:
- your identity (including first name, surname, gender, image, nationality) ;
- your contact details (including your postal address, e-mail address, telephone numbers);
- your personal status (including your title of civility);
- your purchases and repairs (including purchase history, order details);
- your preferences (including your size);
- certain payment details (including billing details, type or method of payment, credit or debit card number);
- other information that you may provide by filling in forms.
We will inform you when your information is necessary to process your request, to respond to your requests or to provide you with our products and services. If you do not provide this information, it may delay or make impossible the processing of your request, the answering of your questions and the supply of products or services.
We endeavour to ensure that the personal data we hold is accurate at all times. We therefore encourage you to update your data should any changes occur. We may also ask you to update your data from time to time.
We recommend that you only provide the data requested or necessary for your request, with the exception of sensitive data.
2.2. Data collected indirectly
We may collect data when you use our Digital Platforms, such as your IP address or other browsing data (including browser, operating system, device model), through cookies or similar technologies placed on your device. Some cookies are necessary for the proper functioning of our Digital Platforms and others are used for analysis purposes that help us provide you with more personalised services and a better digital experience. For more information on cookies and how to change your preferences, please see section 3 of these TOU.
If you provide us with personal data about someone else, you must ensure that you have the right to disclose that data to us and that, without us taking any further steps as required by data protection law, we can collect, use and disclose that data for the purposes described The individual must also give the consents set out in these terms in relation to how we process their personal data.
2.3 Right of access, rectification, deletion and portability
In accordance with applicable data protection law, you may at any time request access to, rectification of, erasure or portability of your personal data, or restrict or object to its processing. A summary of these rights is set out below:
Your right of access: the right to receive a copy of your personal data.
Your right to rectification: the right to ask us to rectify any errors in your data or to add to it.
Your right to be forgotten: the right to ask us to delete your personal data in certain situations.
Your right to restrict processing: the right to ask us to restrict the processing of your personal data in certain circumstances, for example if you dispute the accuracy of the data.
Your right to data portability: the right to receive the personal data you have provided to us in a structured, commonly used and machine-readable format and/or to transmit this data to a third party, in certain situations.
Your right to object to processing: the right to object :
- at any time during the processing of your personal data for direct marketing purposes;
- in certain other situations, to our further processing of your personal data, for example processing carried out on the basis of our legitimate interests.
Where the processing of your personal data is based on your consent, you may decide to withdraw it at any time. If your consent is withdrawn, this will not affect the processing of your personal data based on other legal grounds, such as the fulfilment of your orders and the retention of your order data in accordance with applicable law.
If you no longer wish to receive our advertising or promotional information, we remind you that you can revoke your consent to direct marketing at any time directly from the unsubscribe link.
To exercise any of these rights, please contact us using the e-mail contact@beuchat-diving.com
Please note that if you exercise any of the above rights, you will be asked to let us know which right you wish to exercise and to provide us with certain information for identification purposes in order to process your request and protect you against fraudulent requests from third parties.
3. Cookies
A cookie is a text file saved on your computer, your tablet or your mobile phone and which makes it possible to record and track data concerning your use of the website. BEUCHAT-DIVING.COM uses cookies in order to identify you or to store your selection of products in your basket, for example. Cookies are managed by your internet browser.
By continuing to use the BEUCHAT-DIVING.COM site, you accept our cookie settings and acknowledge that you understand the terms of our cookie policy.
You can change your preferences at any time by going to the ‘Manage your cookie preferences’ section.
3.1 Two types of cookies are used on our site :
. Cookies that are strictly necessary for the operation of the site
These cookies enable you to use the main functions of the BEUCHAT-DIVING.COM site, such as storing your selection of products in your shopping basket. These cookies make browsing easier and are necessary to make online purchases.
. Third-party cookies
In particular, these are statistical analysis cookies which collect information about browsing on our site, enabling us to improve your user experience and adapt our services to your preferences. There are also advertising cookies, which aim to personalise and/or improve content and navigation by offering you services that may be of interest to you on other websites.
You can change your preferences at any time by going to the ‘Manage your cookie preferences’ section.
3.2 Managing your cookie preferences
You can easily deactivate and/or delete cookies from your computer, tablet or mobile phone by managing your browser settings.
We recommend that you do not deactivate cookies that are strictly necessary for the site to function, as this would prevent you from ordering online and benefiting from the site's services.
In order to manage cookies as closely as possible to your expectations, we invite you to configure your browser taking into account the purpose of the cookies.
Below are the instructions for managing and deactivating cookies, depending on your browser:
Internet Explorer
Click on the Tools button, then on Internet Options.
Click on Confidentiality, then click on Advanced.
In the Cookies window, select your preferences.
Google Chrome
Click on the Menu button, then Settings.
Click on the Show advanced settings link.
In the Privacy section, click on the Content Settings button.
Then in the Cookies section, select your preferences.
Mozilla Firefox
Click on the Menu button, then select Options / Preferences.
Select Privacy.
In the History area, for the Retention rules option, select Use personalised settings for history.
Tick or untick the Accept cookies box, then select your preferences.
Safari
Click on the Safari menu, then on Preferences.
Click on the Security tab.
In the Block Cookies section, select your preferences.
Please note that these procedures are given for information only, as they may be modified by browsers at any time. We advise you to follow the instructions and processes of the various browsers.
4. Canvassing
The law of 17 March 2014 on consumer affairs allows anyone to refuse to be canvassed by a professional with whom they have no current contractual relationship. Procedure on the BLOCTEL website: https://www.bloctel.gouv.fr/
5. Links on the site
The BEUCHAT-DIVING.COM Internet site may contain links to third party sites not edited or controlled by BEUCHAT INTERNATIONAL. Such links are provided solely as a convenience and cannot and should not be construed as an express or implied endorsement of these sites, their content or any products or services offered on them.
A link to the BEUCHAT-DIVING.COM site is only possible with the prior written consent of BEUCHAT INTERNATIONAL.
6. Liability and absence of guarantees relating to use of the site.
6.1 Liability
BEUCHAT INTERNATIONAL shall in no event be liable to you or to any third party for any indirect, incidental, special or consequential damages - including, without limitation, any lost profits or other indirect losses - arising out of your use of or inability to use the BEUCHAT-DIVING.COM site.
6.2 No warranty
BEUCHAT INTERNATIONAL cannot guarantee or affirm :
- that the BEUCHAT-DIVING.COM website is free of viruses, data overwriting programs or other destructive material,
- that the information contained in the site is accurate, complete or up to date.
The BEUCHAT-DIVING.COM site may contain technical inaccuracies or other defects, the content is presented as is and according to technical availability. BEUCHAT INTERNATIONAL expressly excludes any form of guarantee, and in particular, any implicit guarantee relating to the usual conditions of use of the site or the suitability of the site for normal use or for a specific use, or its quality. The present limitation of liability applies within the framework of the law.
7. Applicable law and jurisdiction
These General Terms and Conditions of Use are governed by and interpreted in accordance with French law, in compliance with EC regulation 593/2008 of 17 June 2008. These General Terms and Conditions of Use are written in French.
In the event of a dispute relating to the use of the Site, you may have recourse to a conventional mediation procedure or any other alternative dispute resolution procedure.
In the event of a dispute, in accordance with the provisions of regulation no. 44/2001 of 22 December 2000 :
- you may refer the matter either to the court in the place where you are domiciled or to the French courts,
- BEUCHAT INTERNATIONAL may bring the matter before the court in the place where you are domiciled.
BEUCHAT INTERNATIONAL reserves the right to seek and obtain injunctions or orders for the defence of its rights hereunder.
8. Legal notices
8.1 Publisher
BEUCHAT INTERNATIONAL
Partnership limited by shares
Share capital: € 5,720,000
Registered office: 34 Avenue Boisbaudran, 13015 Marseille, France
RCS Marseille number: 309719292
Intracommunity VAT number: FR29309719292
Telephone number: +33 (0)4 91 09 44 60
Publication manager: Cyrille Torres
8.2 Web host
ILEVEL
13 Allée de la Sariette, 84250 LE THOR
Telephone: + 33 (0)4 90 33 74 99
Website: www.ilevel.fr
8.3 Contacting us
If you have any questions or complaints about these General Terms and Conditions of Use or our policy on the protection of personal data, please contact our customer service department by :
- the ‘contact us’ link on the BEUCHAT-DIVING.COM website
- by telephone on +49 (0) 89 2030 3202, Monday to Friday, 9am to 5pm,
- e-mail: contact@beuchat-diving.com
- by post: BEUCHAT International, Service Consommateur, 34 Avenue Boisbaudran CS 60270 13344 Marseille Cedex 15, France.