GENERAL TERMS AND CONDITIONS OF USE OF THE SITE TOPTEX
Effective date: 29/08/2023
Top-Tex Group ("Top-Tex" or "we") publishes a website accessible at the URL www.toptex.com (the "Site").
These general terms and conditions of use (the "GTCU") govern the use of the Site and the terms of access to it as well as the services offered. Top-Tex reserves the right to change them at any time and we invite you to consult them regularly.
Access to the Site implies the full acceptance by the User of these GTCU.
For any additional questions relating to use of the Site, the User is invited to consult the FAQ accessible on the Site or to contact Top-Tex via the contact form.
The purpose of these GTCU is to determine the rights and obligations of the Parties in the context of the provision and use of the Site.
1. ACCEPTANCE AND ENFORCEABILITY
The User declares that they have obtained from Top-Tex all the information necessary for the use of the Site and adheres, without reservation, to these GTCU.
The GTCU take effect and are enforceable upon their acceptance by the User, who remains subject to them as long as they benefit from the services accessible from the Site.
2. ACCESS TO THE SITE AND ITS SERVICES
2.1. Conditions of access to the Site
The use of the Site by the User presupposes:
- To benefit from the specific services accessible from the Customer Space, the creation of a Customer Account in accordance with the terms and conditions set out in Article 6;
We recommend that you use your usual browser (Google Chrome, Mozilla Firefox or Safari), in its latest updated version for optimal comfort and security.
2.2. Services offered on the Site
Access to the Site is open to any User who wishes to benefit from the following services, which may change:
• Access to and download of product sheets;
• Access to stock status;
• Access to the contact form;
• Request to create a customer account (subject to conditions and reserved exclusively for professionals).
In addition to the services offered above, the User acknowledges and accepts that certain features of the Site, accessible via a "Customer Space", are reserved for Users with a customer account, previously created and validated by Top-Tex (hereinafter the "Customer Account"). The terms and conditions of use of these services offered via the Customer Space are governed by the General Conditions of Sale accessible on the latter.
The Site is accessible 24 hours a day and 7 days a week, subject to the occurrence of a case of force majeure, possible failures and/or any maintenance operation necessary for its proper functioning.
3. CONDITIONS FOR CREATING A CUSTOMER ACCOUNT
3.1. Eligibility conditions for creating a Customer Account
The creation of a Customer Account is free and reserved for textile professionals, communication agencies or brand creators.
In the event that the User is not eligible to create a Customer Account, they may ask to be put in contact with a Top-Tex customer, who may support them in their textile project.
3.2. Creation of a Customer Account
When requesting the creation of a Customer Account via the dedicated form accessible on the Site, the User must, in particular, enter a SIREN number, their NAF code.
Creating a Customer Account allows Users to benefit, from their Customer Space, from certain features, including placing orders online.
Once this information has been validated, you must accept the Customer Space's General Conditions of Sale by ticking a box before you can use your Account and log in to your Customer Space.
3.3. Logging in to the Customer Space
You will be able to log in to your Customer Space after entering your username/password.
If you have entered an incorrect username or password, the login window will display an error. You will then be able to:
- Generate a new password from an email we will send you.
4. UNAVAILABILITY OF THE SITE
4.1. Unavailability managed by Top-Tex
Top-Tex reserves the right to interrupt the operation of all or part of the Site, at any time, with or without notification, in particular for the purpose of ensuring corrective maintenance or upgrading of the Site, or to change its content or presentation.
Where possible, we will inform you prior to the corrective maintenance or upgrading operation.
4.2. Unavailability independent of Top-Tex
You acknowledge that access to the Site may be interrupted for reasons beyond our will and control and therefore we cannot guarantee continuous access to the Site.
5. FORCE MAJEURE
Any event preventing Top-Tex or the User from performing all or part of its obligations and beyond their control, which could not be reasonably foreseen at the time of acceptance of the GTCU and whose effects cannot be avoided by appropriate measures, shall be considered as a force majeure event preventing the performance of its obligations by the affected party. This case of force majeure shall result in the suspension of said obligations until its cessation. In particular, Top-Tex cannot be held liable for any failure or delay in performance if such failure or delay is caused by a force majeure event.
Expressly, force majeure or fortuitous events are considered to be those usually adopted by the case law of the French courts and tribunals, and, in general, any cause resulting in a total or partial cessation of the activity of Top-Tex or that of one of its suppliers or subcontractors.
The occurrence of a force majeure event shall be notified as soon as possible by the party invoking it to the other party, who cannot then claim any late payment penalties or damages.
If cases of force majeure last more than two (2) months, the GTCU will be automatically terminated, unless otherwise agreed by the Parties.
6. PRODUCT INFORMATION
In general, all information relating to the products, accessible via the Site, is given for information purposes and is likely to change rapidly (sale price, inventory status, etc.). In any event, Top-Tex cannot, under any circumstances, be held liable for the veracity of the information provided directly by the third-party brands offered on the Site or for any changes to information concerning its own products.
Top-Tex is solely responsible for making the services available, in accordance with the provisions of the GTCU. Top-Tex has, in this respect, an obligation of means for any direct, material and foreseeable damage of any kind.
You acknowledge, however, by using our services that we cannot be liable for damages that result from you, and/or a third party and/or a force majeure event, or for any indirect damage within the meaning of the French Civil Code.
You also acknowledge that we are not responsible for:
- The consequences of any failure and/or fault of your equipment;
- The accuracy of the data you may provide when using our services;
- The consequences of non-compliance with the GTCU;
- The consequences of the interruption or failure of the Internet or its access services, including cases of force majeure, viruses or any other system problem.
The existence of any hypertext links on our Site, referring to a third-party site, does not constitute a recommendation or validation of this site or the content thereof.
Conversely, if Top-Tex authorises the free creation of links to the home page of the Site, it cannot under any circumstances be held responsible for the editorial content of these third-party sites.
Consequently, Top-Tex cannot be held liable for the information, opinions and recommendations formulated by these third parties.
The creation by third parties of so-called "deep" links to any page of the Site is subject to a prior written request, which must be sent to Top-Tex at the following address: 10, avenue du Girou. 31620 Villeneuve les bouloc.
9. INTELLECTUAL PROPERTY RIGHTS
The general structure of the Site as well as the texts, animated images or otherwise, sounds and photos are the exclusive property of Top-Tex and/or the beneficiaries concerned with whom Top-Tex previously regulated the use of the content concerned by a written authorisation.
The consultation and use of the Site shall not entail for Users any right, assignment or granting of rights, relating to the editorial content accessible on the latter.
These elements are, in fact, protected and in particular subject to the provisions of the Intellectual Property Code: any unauthorised use (by law or the GTCU) may therefore lead to legal proceedings.
Thus, except with the prior written consent of Top-Tex or the holder of the rights relating to the element in question, it is prohibited to copy, reproduce, represent, adapt, modify, distribute, in whole or in part, any element of the Platform, as well as all or part of its content, by any process whatsoever and on any medium whatsoever.
In general, any unauthorised use of the content or information of the Site may be subject to prosecution by the holders of the rights in question, who reserve the right to claim damages.
10. SEVERABILITY OF THE GTCU
If one or more provisions of the GTCU are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope and shall remain valid and applicable. The same principles shall apply in case of incomplete provisions.
The fact that Top-Tex does not avail itself, at any given time, of any of the provisions of these GTCU, cannot be interpreted as a waiver of the right to subsequently avail itself of any of these conditions.
12. PROTECTION OF PERSONAL DATA
Top-Tex undertakes to process your personal data in accordance with the regulations in force (General Data Protection Regulation No. 2016/679, French Data Protection Act No. 78-17 of 6 January 1978 as amended).
Depending on the processing in question and where applicable, you have a right of access, modification, rectification, limitation, portability and/or deletion of your personal data that you may exercise, at any time, by submitting your request to our DPO at the following address: [email protected]
13. APPLICABLE LAW AND JURISDICTION
The validity, interpretation, execution of the GTCU and the resolution of any dispute relating thereto shall be governed by and construed in accordance with French law.
The Parties shall endeavour to amicably settle any dispute arising from the interpretation or performance of these GTCU.
If they fail to reach an agreement and the dispute persists, they hereby agree to submit it to the competent court within the jurisdiction of the Montauban Court of Appeal.