Terms of service

ARTICLE 1: PURPOSE

These General Terms of Use (“Terms of Use”) are intended to define the terms and conditions under which users may access and use the website available at www.ami-amour.fr, published by the company SEOMY TECHNOLOGY SAS, whose registered office is located at 60 rue François 1er 75008 - Paris, France, registered with the Registre du Commerce et des Sociétés (Trade and Companies Register) of Paris under number 993 396 613.

Any browsing of the site implies full and unreserved acceptance of these Terms of Use.

ARTICLE 2: ACCESS TO THE SITE

The site is accessible to any user with Internet access. All costs relating to access to the site, whether hardware, software or Internet access charges, shall be borne exclusively by the user.

Ami-Amour endeavours to ensure that the site is accessible 24 hours a day, 7 days a week, but cannot guarantee continuous availability. Ami-Amour reserves the right to interrupt, suspend or modify access to all or part of the site, without notice, in particular for maintenance or development reasons.

Access to the site depends in particular on electronic communication networks and third-party technical service providers, especially with regard to hosting. Ami-Amour cannot be held liable for malfunctions or interruptions attributable to these parties or to the availability of the Internet network.

ARTICLE 3: SITE CONTENT

The information published on the site is provided for guidance only and may be subject to updates or changes.

As a result of these operations, certain information may, at any given time, appear incomplete, inaccurate or out of date. Ami-Amour endeavours to keep the site up to date and to correct any reported error as promptly as possible.

Users are invited to report any error or omission to the following address: contact@ami-amour.fr

ARTICLE 4: LIABILITY RELATING TO USE OF THE SITE

Use of the site is undertaken under the sole responsibility of the user.

Ami-Amour cannot be held liable for any direct or indirect damage resulting from access to the site, from its use or from the inability to access it, in particular in the event of malfunction, interruption, viruses or any other technical incident.

This limitation is explained in particular by the fact that Ami-Amour controls neither the user’s technical environment, nor the conditions of access to the Internet network, nor any hijacking or fraudulent use of the site.

The user undertakes to access the site using recent equipment that does not contain any viruses, and with an up-to-date browser. 

ARTICLE 4 BIS: CONTENT PROVIDED BY THE USER (PERSONALISATION)

1. Definition. When ordering personalised products, the user may submit photos, images, text, first names, dates or messages via the site (the “Content”).

2. User warranties. By submitting Content, the user represents and warrants:

  • that they hold all intellectual property rights in that Content, or that they have the express authorisation of the rights holder (photographer, author, successor in title); 

  • that they have obtained the prior consent of any identifiable person depicted in the Content, in respect of that person’s image rights (article 9 of the French Code civil) and, in the case of minors, the consent of their legal representatives; 

  • that the Content does not infringe any third-party rights (copyright, trade marks, designs, image rights, privacy) or any legal or regulatory provision. 

3. Prohibited Content. It is strictly prohibited to submit Content:

  • that infringes the intellectual property rights of third parties (logos, trade marks, characters, protected works); 

  • that is hateful, insulting, defamatory or discriminatory, or that incites hatred or violence; 

  • that is pornographic in nature or that undermines human dignity; 

  • that depicts minors in a sexual or degrading context — any such content will be reported immediately to the competent authorities; 

  • that glorifies crime or terrorism, or that is contrary to public order and public decency; 

  • that infringes the privacy of third parties. 

4. Right of refusal. AMI-AMOUR reserves the right to refuse to produce any order, without having to justify its decision, in particular where it considers that Content is unlawful, contrary to this article or technically unsuitable for production. In the event of refusal, the order is cancelled and the user is refunded in full for the sums paid, within a maximum period of fourteen (14) days. Such refusal shall not give rise to any compensation for the user.

5. Limited licence. The user grants AMI-AMOUR, free of charge and on a non-exclusive basis, the right to reproduce and adapt the Content for the sole purposes of manufacturing the product ordered, carrying out quality control and providing after-sales service, for the period necessary for these operations. No other use is made of the Content without the user’s express, written and separate consent.

6. Liability and indemnification. The user is solely responsible for the Content they submit. The user shall indemnify and hold AMI-AMOUR harmless against any claim, action or judgment brought by a third party (in particular on the basis of copyright, trade mark law or image rights) based on Content they have provided, and shall compensate AMI-AMOUR for all resulting damages, costs and fees (including defence costs). AMI-AMOUR is under no general obligation to monitor the Content submitted; any check that may be carried out before production is purely optional and does not transfer any liability to AMI-AMOUR.

ARTICLE 5: PERSONAL DATA

In connection with the use of the site, Ami-Amour may collect personal data relating to the user.

This data is processed in accordance with the applicable regulations, in particular Regulation (EU) 2016/679 of 27 April 2016 (GDPR) and the French Data Protection Act (loi Informatique et Libertés).

The arrangements for collecting, processing, storing and protecting personal data, as well as users’ rights, are detailed in the Privacy Policy available on the site.

ARTICLE 6: COOKIES

The site may use cookies and other trackers in order to improve the user experience, compile visitor statistics and, where applicable, offer tailored content.

Users are informed of the use of these cookies on their first visit to the site and may accept or refuse their use in accordance with the arrangements set out in the Privacy Policy available on the site. 

ARTICLE 7: HYPERLINKS

The site may contain hyperlinks to third-party websites.

Ami-Amour exercises no control over these sites and accepts no liability for their content, their operation or any damage that may result from their use.

The creation of hyperlinks to the ami-amour.fr site is subject to the prior written authorisation of Ami-Amour.

ARTICLE 8: INTELLECTUAL PROPERTY

All the elements making up the site, including in particular the texts, images, graphics, logos, videos, sounds and their presentation, are protected by intellectual property law.

Unless otherwise stated, these elements are the exclusive property of Ami-Amour.

Any reproduction, representation, modification, publication, adaptation or exploitation, in whole or in part, of these elements, without the prior written authorisation of Ami-Amour, is prohibited and constitutes an infringement that may give rise to the civil and criminal liability of its author.

Ami-Amour reserves the right to take any appropriate measure to put an end to any infringement of its intellectual property rights, in particular by requesting the removal of the offending content from the hosting providers or publishers concerned.

ARTICLE 9: FORCE MAJEURE

Ami-Amour cannot be held liable for any failure to perform its obligations resulting from a force majeure event as defined in article 1218 of the French Code civil.

ARTICLE 10: GOVERNING LAW

These Terms of Use are governed by French law.

Any dispute relating to the interpretation or performance hereof shall fall within the jurisdiction of the competent courts of the place where the company has its registered office, under the conditions laid down by the applicable legal provisions.