Last update date: 28/12/2022

The present General Conditions of Use (hereinafter “GCU”) are a contract concluded between :

Any person browsing the website: WWW.SURGIRIS.COM, (hereafter the “User”)

AND

SURGIRIS SAS registered under the SIRET number 43776081200044 at the RCS of LILLE METROPOLE and domiciled at 80, rue de la Gare – 59170 CROIX, France (hereafter the “Publisher”).

  • Article 1 – Purpose

The purpose of the present General Terms of Use (hereinafter the “GTU”) is to define the terms of use of any person browsing (hereinafter the “User”) the Website (hereinafter the “Website”) of the Publisher. The purpose of the Publisher’s Website is to present the company and the products marketed by the Publisher. Exceptionally, the Publisher may agree to the modification, addition or deletion of provisions of these TOU by written agreement.
The Editor reserves the right to modify or update these GTU without justification or prejudice, which is why the Editor recommends that Users systematically reread the GTU before any new navigation on the Site. The date of the last update of these GTUs appears at the top of this page in bold.

  • Article 2 – Scope of application

These GTC apply to all Users visiting the Site. By accessing the Site, the User acknowledges that he/she has read and accepted these GTUs, which set out his/her rights and obligations when browsing the Site.

  • Article 3 – Site

§1 – Accessibility
The Publisher’s Site is located at the following address: WWW.SURGIRIS.COM. Access to the Site is free of charge for all Users with Internet access, however the costs incurred by the User for connection to and use of the Internet are not payable by the Publisher.
Each User acknowledges that he/she is over 18 years of age or that he/she is accompanied by a legal guardian in order to browse the Site.

§2 – Content
The Editor puts the content of the Site online and takes all possible measures to ensure the accuracy and validity of the information online on the Site. The Publisher reserves the right to modify or update the content without justification or prejudice.
It is possible that the content of the Site contains inaccurate, incomplete or erroneous information resulting from a technical or involuntary error on the part of the Publisher. The Publisher undertakes to correct these errors in good faith, as soon as possible, as soon as it becomes aware of them.

  • Article 4 – Personal data and cookies

The Publisher undertakes to preserve the confidentiality of personal data and browsing data of Users only. Personal data may be processed in particular to make deliveries, to pay for an order, to create a customer account, or to subscribe to the Website newsletter. Browsing data is used to facilitate the User’s browsing on the Site.
If and only if the User consents, his personal data and navigation data may be processed by the Publisher. The Publisher undertakes to ensure compliance with the provisions of the General Data Protection Regulation 2017/679 (GDPR) of the European Parliament and of the Council dated 14 April 2016 by ensuring compliance with the retention periods, the need to collect the aforementioned personal data, and the confidentiality of the personal data collected.
For more information, please consult our Privacy and Cookies Policy available here.

  • Article 5 – Hypertext links

The Publisher’s Site may contain hypertext links redirecting the User to third-party sites. The Publisher is not responsible for the page to which the hypertext link redirects Users, nor for the use that may be made of this link. The Publisher warns Users of the risks arising from these links and recommends that Users use these hyperlinks with care.

  • Article 6 – Intellectual property

All elements present on the Publisher’s Site are subject to a right reserved under Article L111-1 of the French Intellectual Property Code. Any reproduction, exploitation, redistribution or use, even partial, of the elements, including legal and administrative documents present on the Publisher’s Site is prohibited.

  • Article 7 – Liability

The Publisher affirms that it takes all necessary measures to ensure the proper functioning, security and accessibility of the Site. The Publisher is only bound by an obligation of means and not of results as regards the measures aimed at the proper functioning, security and accessibility of the Site. The responsibility of the Editor cannot be engaged in case of :
– malfunction, security failure or unavailability of certain services of the Site
– direct or indirect damage resulting from the information on the Site
The responsibility of the Editor cannot be engaged for damage caused to the User or to third parties resulting from a Use of the Site contrary to the present GCU by the User. The User is solely responsible for the Use made of the Site and undertakes to indemnify and compensate the Publisher for any damage, loss or loss of profit caused by the User during the use of the Site.

  • Article 8 – Partial invalidity

If one or more of the provisions of these GCU are deemed invalid pursuant to a standard in force or a final decision issued by a competent court, the provisions not affected by this invalidation remain applicable in their entirety.

  • Article 9 – Applicable Law and Jurisdiction

The present GTU are subject to French law. In the event of a dispute arising between the User and the Publisher, the parties shall favour an amicable resolution of the dispute. Any dispute relating to the interpretation and/or execution of these GTUs shall fall under the jurisdiction of the Commercial Court of Lille – France (Nord).

Appendix: Intellectual Property Code
Article L111-1, Amended by Law n°2006-961 of 1 August 2006 – art. 31 JORF 3 August 2006
The author of a work of the mind shall enjoy, by the sole fact of its creation, an exclusive intangible property right that is enforceable against all.
This right shall include intellectual and moral attributes as well as economic attributes, which are determined by Books I and III of this Code.
The existence or conclusion of a contract for the hire of work or service by the author of an intellectual work shall not entail derogation from the enjoyment of the right recognized by the first paragraph, subject to the exceptions provided for by this Code. Subject to the same reserves, it is not either derogated from the enjoyment of this same right when the author of the work of the mind is an agent of the State, a territorial authority, a public establishment with administrative character, an independent administrative authority endowed with the moral personality or the Bank of France.
The provisions of articles L. 121-7-1 and L. 131-3-1 to L. 131-3-3 do not apply to agents who are authors of works whose disclosure is not subject, by virtue of their status or the rules governing their functions, to any prior control by the hierarchical authority.

MERCASAFE© User Licence: MS 1001-179023

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