Information We May Collect
In addition, as with most websites, we may also collect non-personally identifiable information about your computer, such as your IP address, browser type, referring/exit pages, and operating system. The Site uses a browser feature known as a cookie, which assigns a unique identification to your computer. Information collected from cookies enables us to provide you with better customer service and to improve the features of our Site in a variety of ways, including determining whether you have visited the Site in the past and which pages of our Site you have visited.
If you are uncomfortable with the idea of your information being used in this way, most computer systems and web browsers offer privacy settings and options, such as disabling cookies or opting out of “Do Not Track” features. We do not override these settings or options.
How we use your information
Send you the requested information
Respond to customer service requests
Send you a newsletter or other marketing communications.
Respond to your questions and concerns
Improve our website and marketing efforts and assess our business needs.
Conduct research and analysis to help develop better products.
How we may share your information
We may share information collected through the Site with our subsidiaries, affiliated companies, and business partners in order to provide you with the products and services you seek on the Site. In addition, to provide you with a better customer experience, we may share information with service providers, subcontractors, and business partners who have been contracted to perform business functions on our behalf or to provide services to us.
These services include:
Fulfillment and delivery of orders
Customer service and support
Delivery of email services
Advertising, marketing, surveys and promotions, including partnerships and collaborations with other companies whose products or services we think you might enjoy.
Information technology and office services, including website and software development, website hosting, management and evaluation, and data processing, sharing and cross-referencing
Payment processing, fraud protection and credit risk reduction services
Providers of legal, accounting, auditing and other professional services.
In addition, by submitting your personal information on our Site, you hereby grant permission and make an “inquiry” for us, our affiliated entities, marketing partners/third party vendors to be contacted. You also agree to receive phone calls for a limited period from our affiliates and partners/suppliers, even if the phone number you submitted appears on any state and/or federal Do Not Call list, because your inquiry serves as an exception to the and/or federal Do Not Call requirements. We reserve the right to disclose your personal information as required by law, such as to comply with a subpoena or similar legal process; when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request; if our company is involved in a merger, acquisition or sale of all or part of its assets.
How you manage your personal information
You may use the Site without providing any personally identifiable information. If you have created an account on the Site and decide to delete it, you can do so by sending an email to email@example.com
If you do not want to receive marketing information from us, you can follow the unsubscribe instructions included in the emails you receive or contact firstname.lastname@example.org. SMIROLI will continue to send you non-promotional service emails regarding your account, such as: order problems, billing and payment information, and other emails related to your account, orders, and/or your use of the Site.
Upon request, SMIROLI will confirm what personally identifiable information we collect or store about you. You may correct, update and/or delete such information.
You may also request that we stop using or sharing your personally identifiable information. You can contact SMIROLI for any of the above by sending an email to email@example.com
SMIROLI may retain records of your personally identifiable information for a period of time. This is to allow us to follow up on a request related to your order history, resolve a dispute, or for similar reasons, or to comply with applicable federal, state, or local laws. In addition, some personal information may continue to be stored in backup files for financial, legal, or technical reasons.
How we protect your personal information
The security of your personally identifiable information is important to us and we are committed to handling such information with care. We encrypt your personally identifiable information when it is sent over the Internet. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personally identifiable information, we cannot guarantee its absolute security.
Disclaimer of warranties
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, (A) THE SITE IS PROVIDED "AS IS" AND "WITH ALL FAULTS" AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SMIROLI, INCLUDING ITS AFFILIATES, SUBSIDIARIES, SUBCONTRACTORS, , DISTRIBUTORS, SERVICE PARTNERS, AGENTS AND MARKETING PARTNERS) AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS AND OFFICERS (COLLECTIVELY, THE “SMIROLI PARTIES”) DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR OTHERWISE IMPLIED. MANNER IN CONNECTION WITH THIS AGREEMENT, INCLUDING WARRANTIES AND CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, MERCHANTABILITY, NON-INFRINGEMENT AND ACCURACY, AND NON-INTERFERENCE; (B) NEITHER SMIROLI NOR ANY PART OF SMIROLI WARRANTS THAT (i) THE SITE IS OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS OR OTHER LIMITATIONS OF THE PROGRAM, (ii) THE SITE WILL MEET YOUR REQUIREMENTS, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) ANY ERRORS IN THE SITE WILL BE CORRECTED; (C) YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF PROBLEMS CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, UNLESS SUCH ERRORS OR VIRUSES ARE THE DIRECT RESULT OF SMIROLI'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. ; (D) SMIROLI AND THE SMIROLI PARTIES, TOGETHER AND SEVERELY, DISCLAIM AND MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY, QUALITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS OR EFFECTIVENESS, OTHER FORMS OF REPORTING THE INFORMATION OBTAINED, GENERATED OR OTHERWISE RECEIVED BY YOU BY ACCESSING AND/OR USING THE SITE OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, AND (E) YOUR USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK AND NEITHER SMIROLI NOR ANY SMIROLI PARTY SHALL HAVE NO RESPONSIBILITY OR LIABILITY THEREFORE.
Limitation of liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, IN NO EVENT SHALL SMIROLI BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST TIME OR GOODWILL, EVEN IF ROW HAS BEEN INFORMED. OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. SMIROLI SHALL NOT BE LIABLE FOR ANY CLAIMS AGAINST YOU BY THIRD PARTIES. YOU ACKNOWLEDGE THAT THESE LIMITATIONS OF LIABILITY SHALL APPLY EVEN IF THE REMEDIES FAIL OF ITS ESSENTIAL PURPOSE. User hereby acknowledges that this paragraph shall apply to all content, merchandise and services available through the Site. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or the limitation of liability for incidental, consequential or other damages, so the exclusions set forth above may not apply to you.
Representations and Warranties
By using the Site, you represent and warrant that (a) you understand and agree that this Agreement is a legally binding agreement and the equivalent of a signed, written contract; (b) you will use the Site in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions of this Agreement; (c) you are authorized to sign and bind any entity for which you are acting as a representative or other agent; (d) impersonate any person or entity, misrepresent any affiliation with any person, entity, or association, use false headers, or conceal your identity from SMIROLI for any purpose.
You agree to indemnify, defend and hold harmless SMIROLI and the SMIROLI Parties from and against any and all claims and expenses, including reasonable attorneys' fees, arising out of or in any way related to your use of the Site. , violation of this Agreement, violation of any law or regulation, or violation of any right of property or privacy.
ownership of intellectual property
All right, title and interest in the Site, including all copyrights, patents, trade secrets, trade dress and other proprietary rights, and any derivative works thereof, shall belong solely and exclusively to SMIROLI or its licensors, and you will have no rights at all. in any of the above. Nothing in this Agreement or otherwise shall be deemed to give you an ownership interest in the Site, in whole or in part. All content and materials included as part of the Site, such as text, graphics, logos, button icons, images, audio clips, information, data, forms, photographs, graphics, videos, fonts, graphics, music, sounds and other material. , and software (the “Works”) are the property of SMIROLI or its content providers and are protected by copyright, trademark, trade secret or other proprietary rights and these rights are valid and protected in all forms, media and technologies existing now or developed next. All works are copyrighted as individual works and as a collective work under French copyright laws and international treaty provisions, and SMIROLI owns the copyright in the selection, coordination, arrangement, and improvement thereof. . You may not modify, delete, delete, enhance, add to, publish, transmit, adapt, translate, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Works, in whole or in part. . Any use other than as contemplated herein, including the reproduction, modification, distribution, transmission, adaptations, translation, republication, display or performance of the Works, except as specifically permitted herein, is strictly prohibited. You understand and acknowledge that unauthorized disclosure, use or copying of the proprietary products and services provided under this Agreement may cause SMIROLI and its licensors irreparable harm, which may not be remedied by law, and you agree that SMIROLI and Your Breach of this Agreement may be equitable by injunction or other equitable remedy.
The SMIROLI name and other related names, design marks, product names, function names and related logos are trademarks of SMIROLI and may not be used, copied or imitated, in whole or in part, without the express prior written permission of SMIROLI. . In addition, the appearance of the Site (including all page headers, custom graphics, button icons, and scripts) constitutes the service mark, trademark, and/or trade dress of SMIROLI and may not be copied, imitated, or used, in its in whole or in part, without the express prior written permission of SMIROLI.
Where use of the Site is dependent on you and your users accessing an "account" and/or entering a "user ID" and/or "password", you agree that you will be solely responsible for such user IDs and passwords. provided to you (as such passwords may be changed from time to time in accordance with the characteristics of the Site) to login. You and your users must keep all correspondence you receive related to or through the use of the Site (including, but not limited to, your user identification, passwords and other registration or login information) confidential and in a safe and secure place. will not disclose it to any third party. You will be responsible for all communications and actions that take place. through the use of your user identifiers, including, without limitation, any action that occurs without your authorization. Accordingly, it is your responsibility to take appropriate action immediately if any passwords have been stolen, leaked, compromised, or used without proper consent.
use by children
The Site is intended for use by persons 13 years of age or older. Users under the age of 13 should get the help of a parent or guardian.
You can pay for your orders with all major credit cards issued in Europe. We currently accept Visa®, MasterCard®.
This Agreement shall be governed by French law, without regard to the choice or conflicts of law provisions of any jurisdiction or the United Nations Convention on the International Sale of Goods, and any dispute, action, claim or cause of action that arising out of or in connection with this Agreement or the Site, with the exception of claims for injunctive relief, shall be resolved by arbitration administered by French law. You may not under any circumstances initiate or maintain against SMIROLI any class action, class arbitration or other representative action or proceeding. In the event that this arbitration agreement is found to be unenforceable for any reason, any litigation against SMIROLI may only be brought in France. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arose.
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, those provisions shall be construed, to the maximum extent possible, to reflect the intentions of the invalid or unenforceable provisions, with all other provisions remaining in their entirety. force and effect.
SMIROLI may be required to perform scheduled or unscheduled repairs, maintenance, or upgrades, and such activities may temporarily degrade the quality of the Site or cause a partial or total interruption of the Site. SMIROLI makes no warranty that you will receive advance notice of such activities or that the Site will be uninterrupted or error free. Any downgrade or outage on the Site will not result in a refund or credit of fees paid by you.
No joint venture, partnership, employment, or agency relationship exists between you and SMIROLI as a result of this agreement or use of the Site. SMIROLI's failure to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to in writing by SMIROLI.
Neither party shall be liable to the other for its failure to perform any of its obligations (except payment obligations) under this Agreement during any period in which such performance is delayed by circumstances beyond its reasonable control, including including but not limited to fire, flood, war, embargo, strike, riot, or the intervention of any governmental authority.
If you have not entered into another agreement with SMIROLI with respect to the subject matter contained herein, then this Agreement comprises the entire agreement between you and SMIROLI and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties. regarding such subject matter. However, if you and SMIROLI have entered into another agreement with respect to the subject matter set forth herein that is a written and signed agreement between you and SMIROLI, then this Agreement must be read and construed in conjunction with such agreement and, in the event of a conflict between this Agreement and a signed written agreement between the parties, the signed written agreement shall govern and control.
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