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Terms of use of the "https://www.flauraud.fr" website

These terms of use govern the relationship between:

The AURILIS GROUP, a limited company with a Board of Directors and capital of € 6,462,214, recorded in the Commercial Register of Clermont Ferrand under number 321 774 150 – VAT FR 93 321 774 150, with registered office located at 14, rue Pierre BOULANGER, 63100 CLERMONT-FERRAND.

hereinafter the “Company” or “AURILIS GROUP”.

AND

The User, as defined below,

With respect to any consultation or use of the https://www.flauraud.fr/en/ Website

 

Article 1 – DEFINITIONS

For the application of these terms of use, the below words and expressions will have the meaning given when used with a capital letter. This meaning will apply whether they are used in the singular or the plural:

Website / Us: means the website accessible at the address https://www.flauraud.fr/en/ or the company that operates it, as designated in the legal notice of the Website;

Users / You: means any professional who is an individual or legal entity wishing to acquire car parts and to consult the catalogue put on line by the Website;

Terms of Use: means these terms of use. These Terms of Use govern the conditions for usage of the Website between the Company and the User. They are available on the Website at any time for consultation or to download.

Data sheet: represents the description of the products offered for sale and contains information relating to the characteristics as well as the price;

Store: Physical sales point of the AURILIS GROUP

 

Article 2 – SCOPE OF APPLICATION AND ENFORCEABILITY

2.1. Via the URL https://www.flauraud.fr/en/ the Company publishes general information on its activity, information on the product ranges and services it markets, the contact details for its points of sale, information and access to its Mecasystems online catalogue and news related to its activity.

2.2. Consultation of https://www.flauraud.fr/en/, and the fact that the User accepts the Terms of Use by ticking the box “I accept the Terms of Use” at the bottom of the account creation form, entails the full acceptance of the Terms of Use by the User who acknowledges reading them in their entirety.

2.3. The Terms of Use may be amended at any time without notice, particularly as a result of changes to https://www.flauraud.fr/en/ or regulation changes. Any new version of the Terms of Use will be immediately applicable and enforceable on Website Users.

 

Article 3 – REGISTRATION, CREATION & ACCESS TO THE CUSTOMER ACCOUNT

3-1. In order to be able to save their searches and access their data during a subsequent connection to https://www.flauraud.fr/en/, the User is obliged to:

  • i create a Customer Account by completing the online registration form and choosing a password that they will be able to modify at any time. A password recovery service will be made available to the User who, at any time, may request their password. All fields on the form marked with an asterisk (*) are mandatory. The User undertakes to provide complete, accurate and up-to-date information and to keep it updated. In case of inaccurate, incorrect or incomplete information, we reserve the right to suspend or close the User Account, at any time and without notice.
  • ii validate the Terms of Use by ticking the box “I accept the Terms of Use”. In doing so, the Customer declares to have read and accepted these Terms of Use without restriction or reservation.

3-2. Online registration through https://www.flauraud.fr/en/ automatically leads to a Customer Account being opened in the name of the User and the assignation of a personal account area. The User will then receive an email requesting that they login to their personal account area using their username and password.

3-3. Subsequent to the opening of their Customer Account, the User may access it directly from the Website by entering their email address and password in the “login” section.

Any connection made with the identifier and password of the Customer will be deemed to be made by them, the Customer therefore being solely responsible.

 

Article 4 – DESCRIPTION OF THE WEBSITE FEATURES

4-1. Consulting the Website catalogue

The Website allows consultation of a car parts catalogue.

4-2. Requesting information

Users can contact Us through the “Contact” section, or be contacted by our sales team for any questions regarding the operation of the Website or the offer of https://www.flauraud.fr/en/, as well as requesting contact with Concessionaires.

Users are invited to submit their queries using the online form by clicking on the “Contact Us” button. The fields on the form with an asterisk must be completed; otherwise, it will not be possible to contact the Users.

4-3. Contacting the Stores

At the request of the Users, the Website may put them in contact with Stores that can answer any questions about the Vehicles concerned. The Website undertakes to notify the Store as soon as possible of any contact request. Users will be contacted directly by the Stores as soon as possible. The Website cannot be held responsible in case of late or non-contact by the Store.

 

Article 5 – RESPONSIBILITY OF THE USERS

Users are required to keep their login identifier and password to access their Customer Account strictly confidential. Unless proved otherwise by the Users, any connection to the Website will be deemed to have been made by the Users concerned. Any loss, theft, misappropriation or unauthorised use of their identifiers and the resulting consequences will be the sole responsibility of the Users.

Any violation of the Terms of Use may lead to the closure of the User’s Customer Account and the temporary or permanent suspension of access to the Website. All data saved by the User in their Customer Account will be permanently deleted. In the event of dissemination of comments infringing the rights of third parties, we reserve the right to prosecute the User having made such comments criminally and/or civilly.

 

Article 6 – RESPONSIBILITY OF THE WEBSITE

The Website will endeavour to secure the access, consultation and use of the Website. We are free to choose the most appropriate form and technical means to make the full functionality of the Website and access to Customer Accounts available to the Users.

The Website will be accessible 24 hours a day, 7 days a week. Notwithstanding this, the Website may be temporarily unavailable during maintenance operations necessary for the proper functioning of the Website and in the occurrence of an event beyond our control. Maintenance will be at the discretion of the Website without notice. In the event of a technical failure affecting the operation of the Website, we undertake to make our best efforts to restore Website functionality as soon as possible.

We cannot be held responsible for external intrusions, the presence of computer viruses in the system of the User, any consequences of an alteration, total or partial, of the functioning of the Website resulting from the User incorrectly configuring their Customer Account or the hacking of the User’s Customer Account, it being specified that it is up to the User to ensure that they logout from their personal area once the operations have been carried out. We cannot be held responsible for the interruption or termination of the telecommunications services of our service providers, including hosting. We cannot be held responsible in case of loss or alteration of data saved by Users (vehicle bookings, budget estimates…).

No information or data, whether oral or written, obtained by the Users by consulting the Website or by accessing the functionalities of the Website, can create guarantees other than those expressly provided by the Terms of Use. Users are solely responsible for the use they make of this information and data. We cannot be held responsible for direct or indirect damages resulting from the use of this information and data by the Users.

In no event shall We be liable for indirect damages and, in particular, any commercial, moral and financial damage, including any loss of profits in connection with the use of the Website.

The AURILIS GROUP cannot be held responsible for direct and indirect damage to the User’s equipment when accessing the https://www.flauraud.fr/en/ Website and resulting either from the use of equipment that does not meet the specifications indicated in point 4, or from the appearance of a bug or an incompatibility.

The AURILIS GROUP also cannot be held liable for indirect damages (such as for example a loss of contract or loss of opportunity) resulting from the use of the https://www.flauraud.fr/en/ Website.
Interactive areas (opportunity to order, ask questions in the contact area) are available to users. The AURILIS GROUP reserves the right to delete, without prior notice, any content posted in this area that violates the applicable law in France, especially the provisions relating to data protection. Where applicable, the AURILIS GROUP also reserves the right to engage the user’s civil and/or criminal liability, particularly in the event of a racist, abusive, defamatory or pornographic message, regardless of the medium used (text, photograph…).

 

Article 7  – HYPERTEXT LINKS

The https://www.flauraud.fr/en/ Website may contain a number of hypertext links to other sites. The establishment of these links does not imply approval of the content of these sites by the AURILIS GROUP.
The AURILIS GROUP cannot permanently monitor the content of these sites, and cannot guarantee:

  • The accuracy, reliability, relevance, recentness, or completeness of their content.
  • Their access and their correct technical functioning.

Therefore, the AURILIS GROUP cannot be held liable in case of possible dispute between a site referenced on the Website and a User. Only the publishers of the sites referenced on the Website may be held liable.
Navigation on the https://www.flauraud.fr Website can result in the installation of one or more cookies on the computer of the user (see “Privacy Policy” page).

Therefore, the AURILIS GROUP cannot be held liable in case of possible dispute between a site referenced on the Website and a User. Only the publishers of the sites referenced on the Website may be held liable.

Navigation on the https://www.flauraud.fr/en/ Website can result in the installation of one or more cookies on the computer of the user (see “Privacy Policy” page).

 

Article 8 – PERSONAL DATA

The AURILIS GROUP is responsible for the processing performed on the Website and undertakes that the collection and processing of your data, carried out from the Website, will comply with the General Data Protection Regulation (GDPR) and the French Data Protection Act.

The AURILIS GROUP collects Customer data only for precise, explicit and legitimate purposes. We will only use your personal data if you have consented to it or if it is based on one of the legal reasons laid down by law.

 

8-1. Collecting your personal data

Your personal data is collected as part of:

  • a request to be contacted by an advisor;
  • a request to create a Customer Account;
  • a request to obtain additional information;

8-2. Use of your personal data

You expressly agree that the personal data concerning you collected in the context herein is used by the Website only for the following purposes:

  • making contact;
  • access to various features of the Website;
  • making appointments;
  • sending commercial and/or promotional offers that come only from the Store, subject where necessary to having duly consented;
  • sending satisfaction surveys;
  • the production of statistics.

The legal basis of the treatment is based in particular on:

  • Article 6 (c) of the CDPR – necessary for the fulfilment of a legal obligation.
  • Article 6 (b) of the CDPR – necessary for the performance of a contract.
  • Article 6 (f) of the CDPR – necessary for the legitimate interests pursued by the controller.

The data will be kept no later than 5 years after the deletion of the User’s Customer Account.

8-3. Communication of your personal data

In accordance with the regulations, the Website undertakes to keep all personal data collected via its website and not to transmit it to any third party of the subsidiary companies, controlling or under the same control as the AURILIS GROUP.

Notwithstanding this, the User is informed that the Website may be required to communicate the personal data collected:

  • to authorised administrative and judicial authorities, only on judicial requisition;
  • to the Website owner for purely technical reasons, to the site providers assuring the processing and hosting of the processed data.

8-4. Modification and deletion of your personal data

In accordance with the regulations, you have a right of access, rectification, portability and deletion of your personal data or limitation of treatment concerning you and deletion of information about you, which you can exercise at any time through your account. You may also oppose, if necessary for legitimate reasons, the processing of your information at any time via the following address: rgpd@emilfrey.fr

8-5. Data retention

The Website will keep your Personal Data in a secure environment for the period necessary to fulfil the purposes for which it was collected and in compliance with the regulations in force.

Thus data relating to Customers is kept for the duration of the contractual relations, plus 3 years for purposes of promotion and prospecting, without prejudice to the obligations of conservation or the limitation periods. Prospect data is retained for a period of 3 years from the last contact with the Website.

8-6. Complaint

After the entry into force of the Data Protection Regulation, you now have the right to lodge a complaint with a supervisory authority in the form of the Commission Nationale de l’Informatique et des Libertés – CNIL (National Commission for Data Protection and Liberties) by sending a letter to the following address: CNIL – 3 Place Fontenoy – TSA 80715 – 75334 PARIS CEDEX 07.

 

Article 9 – INTELLECTUAL PROPERTY

The Website, the name “https://www.flauraud.fr/en/“, the downloadable documents and, more generally, all the content diffused on the Website are protected by intellectual property rights. The rights to use the Website and the name “https://www.flauraud.fr/en/” belong exclusively to the Aurilis Group. Consequently, the Users cannot, in any way, reproduce, represent, distribute, modify or grant all or part of the elements of the Website, in particular the audiovisual, graphic and/or literary elements, without the express and prior agreement of the rights holders. The reproduction, imitation or representation, in whole or in part, of the intellectual property rights of the AURILIS GROUP and, in particular the total or partial reproduction of the visuals of the advertisements presented on the Website, may constitute an infringement sanctioned by the provisions of the Intellectual Property Code and/or tort for which the offenders of the rights mentioned above may be civilly liable.

 

Article 10 – UNAVAILABILITY OF THE SITE

The Website may be momentarily unavailable. The Website cannot be held liable for the occurrence of force majeure. In addition to the cases defined by case law as constituting events of force majeure, the following events are also included: piracy of https://www.flauraud.fr/en/ and the interruption or breakdown of the telecommunication systems of the Website providers in particular.

 

Article 11 – COMPLAINTS

The User may submit any complaint by contacting the Company by post at the following address 14, rue Pierre BOULANGER, 63100 CLERMONT-FERRAND;

 

Article 12 – MEDIATION

These Terms of Use are subject to French law.

In case of difficulties in the application of these Terms of Use, the Customer shall first contact the AURILIS GROUP to seek an amicable solution.

The AURILIS GROUP would like to bring to your attention the existence of the European platform for online dispute resolution, aimed at collecting complaints regarding online purchases made by European consumers and passing them to the competent national mediators: this platform is accessible at: http://ec.europa.eu/consumers/odr/.

 

Article 13 – MISCELLANEOUS PROVISIONS / LANGUAGE / DISPUTE SETTLEMENT

The cancellation of any provision of the Terms of Use cannot result in the invalidity of all the Terms of Use. Provisions declared void by any judicial, arbitral or administrative authority shall be replaced by other provisions, the effects of which shall be economically comparable.

No tolerance by the AURILIS GROUP of whatever nature, extent, duration or frequency, can be considered as creating any right, nor be interpreted as a renunciation on our part of any of the provisions of the Terms of Use.

The official language of the Terms of Use is French. In case of translation, only the French version of the Terms of Use will prevail.

The Terms of Use are governed by and subject to French law. In the absence of amicable agreement, any disputes that arise between the Users and the AURILIS GROUP concerning the creation, execution, interpretation and/or rupture of the Terms of Use will be submitted to the competent French jurisdictions, including in case of summary proceedings, multiple defendants and warranty claim.