"Site" or "Service": the magna-cbd.com website and all its pages.
"Publisher": Purple Store, the legal entity responsible for the publishing and content of the Site.
"User": the Internet user visiting and using the Services of the Site.
These Terms and Conditions of Use (hereinafter the "TOS") are offered by the Site Editor. The User of the Site is invited to read these GTC carefully, to print them and/or to save them on a durable medium. The User acknowledges that he/she has read the GTC and accepts them in full and without reservation.
Article 2 - Application of the GTCU
The purpose of these TOS is to define the conditions of access to the Site by Users. The Publisher reserves the right to modify the TOS at any time by publishing a new version of the TOS on the Site. The TOS applicable to the User are those in force on the day of acceptance.
The Site is freely accessible to all Users. The acquisition of a product or service, or the creation of a member space, or more generally browsing the Site implies acceptance by the User of the entirety of these GCU, who acknowledges by the same token that he/she has fully understood them.
This acceptance may consist, for example, for the User, in ticking the box corresponding to the sentence of acceptance of these GTU, having for example the words "I acknowledge having read and accepted all the general conditions of the Site". Checking this box will be deemed to have the same value as a handwritten signature by the User.
The User acknowledges the value of the automatic recording systems of the Editor of this Site as proof and, unless he/she provides proof to the contrary, waives the right to challenge them in the event of a dispute.
Acceptance of these TOU assumes that Users have the legal capacity to do so. If the User is a minor or does not have this legal capacity, he/she declares that he/she has the authorisation of a guardian, curator or his/her legal representative.
Article 3 - Legal notice, personal data and purpose of the Site
This Site is published by Purple Store, a company registered in Luxembourg (under number B232323). Legal information about the host and Publisher of the Site, including contact details and any capital and registration information, is provided in the legal notice of this Site.
Information regarding the collection and processing of personal data (policy and statement) is provided in the Site's personal data policy.
The purpose of this Site is determined as "online information and sales site".
Article 4 - Members' Area
The User registered to the Site (member) has the possibility to access it by logging in using his/her identifiers (e-mail address defined during registration and password) or possibly by using systems such as third-party social network login buttons. The user is entirely responsible for the protection of the password he/she has chosen. The user is encouraged to use complex passwords. If the User forgets his/her password, he/she has the possibility to generate a new one. This password guarantees the confidentiality of the information contained in the "my account" section and the User is therefore prohibited from transmitting or communicating it to a third party. Failing this, the Site Editor cannot be held responsible for unauthorised access to a User's account.
The creation of a personal space is an essential prerequisite to any order or contribution by the User on this Site. To this end, the User will be asked to provide a certain amount of personal information. The User undertakes to provide accurate information.
The purpose of data collection is to create a "member account". If the data contained in the member account section were to disappear as a result of a technical failure or a case of force majeure, the Site and its Editor could not be held liable, as this information has no evidential value but is solely informative. The pages relating to member accounts are freely printable by the holder of the account in question but in no way constitute proof, they are only of an informative nature intended to ensure efficient management of the service or contributions by the User.
Each User is free to close his/her account and data on the Site. To do so, they must send an e-mail to Purple Store indicating that they wish to delete their account. No retrieval of their data will then be possible.
Article 5 - Access and availability of the Site
The Publisher shall use its best efforts to make the Site available at all times, subject to maintenance operations of the Site or the servers on which it is hosted. In the event that access to the Site is not possible, due to technical problems or problems of any kind, the User shall not be entitled to claim any damages or compensation.
Access to the magna-cbd.com website is reserved for adults over 18 years of age.
The Site Editor is bound only by an obligation of means; it cannot be held liable for any damage resulting from the use of the Internet network such as loss of data, intrusion, virus, service breakdown, or other.
The User expressly admits to using the Site at his/her own risk and under his/her sole responsibility.
The Site provides the User with information on an indicative basis, with imperfections, errors, omissions, inaccuracies and other ambivalences that may exist. In any event, Magna CBD shall not be held responsible for:
for any direct or indirect damage, in particular with regard to loss of profits, loss of earnings, loss of clientele, loss of data which may, among other things, result from the use of the Site, or on the contrary from the impossibility of its use;
dysfunction, unavailability of access, misuse, poor configuration of the User's computer, or the use of a browser little used by the User.
Article 6 - Hypertext links
The Site may include hypertext links to other sites.
The User therefore acknowledges that the Publisher shall not be held liable for any damage or loss, whether proven or alleged, arising from or in connection with the use of or having taken cognisance of the content, advertising, products or services available on these external sites or sources. Likewise, the Editor of this Site shall not be held liable if the User's visit to one of these sites causes him/her harm.
If, despite the Publisher's efforts, one of the hyperlinks present on the Site were to point to a site or an Internet source whose content was or appeared to be in breach of the requirements of French law to a User, the latter undertakes to immediately contact the Site's publication director, whose contact details are given in the Site's legal notice, in order to communicate the address of the pages of the third party site in question.
Article 7 - Cookies
A "Cookie" may allow the identification of the User of the Site, the personalisation of his consultation of the Site and the acceleration of the display of the Site thanks to the recording of a data file on his computer. The Site may use "Cookies" primarily to 1) obtain browsing statistics to improve the User's experience, and 2) allow access to a member account and content that is not accessible without logging in.
The User acknowledges that he/she is aware of this practice and authorizes the Site Publisher to use it. The Publisher undertakes never to communicate the content of these "Cookies" to third parties, except in the case of legal requisition.
The User may refuse the recording of "Cookies" or configure his/her browser to be warned before accepting "Cookies". To do so, the User will proceed to the parameterization of his browser:
For Internet Explorer: http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies
For Internet Explorer:
For Safari: https://support.apple.com/fr-fr/ht1677
For Google Chrome: https://support.google.com/chrome/answer/95647?hl=fr&hlrm=en&safe=on
For Firefox: https://support.mozilla.org/fr/kb/activer-desactiver-cookies
For Opera: http://help.opera.com/Windows/10.20/fr/cookies.html
Article 8 - Intellectual property rights
All materials on this Site are owned by the Publisher or a third party agent, or are used by the Publisher on the Site with the permission of their owner.
Any representation, reproduction or adaptation of the logos, textual, pictographic or video content, without this list being limitative, is strictly prohibited and is tantamount to counterfeiting.
Any User who is guilty of infringement may have his access to the site removed without notice or compensation and without this exclusion constituting damage to him, without prejudice to any subsequent legal proceedings against him, at the initiative of the Editor of this Site or his agent.
The trademarks and logos contained in the Site may be registered by Purple Store or possibly by one of its partners. Any person proceeding to their representations, reproductions, imbrications, diffusions and reruns incurs the sanctions provided for in articles L.713-2 and following of the Intellectual Property Code.
Article 9 - Liability
The Publisher is not responsible for Users' publications, their content as well as their veracity. The Publisher shall not be liable for any damage to the User's computer system and/or loss of data resulting from the User's use of the Site.
The Publisher undertakes to constantly update the content of the Site and to provide Users with fair, clear, accurate and up-to-date information. The Site is in principle accessible at all times, except during technical maintenance and content updating operations. The Publisher shall not be liable for any damages resulting from the unavailability of the Site or parts thereof.
The Site Editor shall not be liable for any technical unavailability of the connection, whether due in particular to force majeure, maintenance, updating, modification of the Site, intervention by the host, internal or external strike, network failure, or a power cut.
The Publisher shall not be held responsible for the non-operation, impossibility of access or malfunctions of the Site attributable to unsuitable equipment, poor configuration or use of the User's computer, malfunctions of the services of the Users' access provider, or those of the Internet network.
Article 10 - Geographical limitation of use
The use of the Site's Services is limited to the European Union.
Article 11 - Notifications and complaints
Any notification or notice concerning these TOS, the legal notices or the personal data charter must be made in writing and sent by registered or certified mail, or by email to the address indicated in the legal notices of the Site, specifying the contact details, name and surname of the notifier, as well as the subject of the notice.
Any complaint related to the use of the Site, the Services, the pages of the Site on any social networks or the TOS, the legal notice or the personal data charter must be filed within 365 days following the day of origin of the problem that is the source of the complaint, regardless of any law or rule of law to the contrary. In the event that such claim is not filed within 365 days, such claim will be forever barred at law.
In such a situation, the User has the possibility to contact the Site Editor by post or by email at the addresses indicated in the legal notice of the Site, with if possible a description of the error and the location (URL), as well as sufficient information allowing to contact him.
Article 12 - Independence of clauses
If any provision of the TOU is held to be illegal, void or for any other reason unenforceable, then that provision shall be deemed severable from the TOU and shall not affect the validity and enforceability of any remaining provisions.
The TOS supersede any prior or contemporaneous written or oral agreements. They are not assignable, transferable or sub-licensable by the User itself.
A printed version of the TOU and all notices given in electronic form may be requested in judicial or administrative proceedings relating to the TOU. The parties agree that all correspondence relating to these TOU shall be in the French language.
Article 13 - Applicable Law
These GTUs are governed by and subject to French law.
Unless otherwise provided for by public policy, any disputes that may arise in connection with the performance of these GTUs may, prior to any legal action, be submitted to the Site Editor for amicable settlement.
It is expressly recalled that requests for amicable settlement do not suspend the time limits open for bringing legal action.
Unless otherwise provided for by public policy, any legal action relating to the execution of these GTUs shall be subject to the jurisdiction of the courts of the place of residence of the defendant.