Legal notices & GCS
Under articles 6, 19 and 20 of Law No. 2004-575 of June 21, 2004 on confidence in the digital economy, users of the site https://thebellylab.com are informed of the identity of the various parties involved as part of its implementation and monitoring:
THE BELLY LAB LIMITED
Limited Liability Company
With share capital of 1,200 euros
14/5 At Milner Street Sliema
Registered in the Malta Trade and Companies Register: C91246
Intra-community VAT number: MT26121016
Publication Director :
Last name and first name of the Director of publication
Simplified joint stock company with sole shareholder
With share capital of 10,174,560 euros
2, rue Kellermann 59 100 Roubaix.
Registered in the Lille Trade and Companies Register, under number 424 761 419
Telephone numbers: 1007
GENERAL CONDITIONS OF USE AND SALE THE BELLY LAB
Last update on September 5, 2019
The Belly Lab Limited, Limited Liability Company with a share capital of € 1,200, registered in the Malta Trade and Companies Register under number C91246 having its registered office at 14/5 A Milner Street, Sliema, Malta (ci -after “TBL”), publishes the website accessible from the URL thebellylab.com (the “Site”), on which it markets to individuals, TBL programs (the “Programs”).
TBL is at the origin of the TBL Method, an innovative and original holistic method, which is characterized by exercises mainly targeting the muscles located at and around the belly area.
Please read carefully these general conditions of use and sale (hereinafter “the GTCUS”), prior to any navigation on the Site and / or use of the Programs.
Access to the site is free.
The T & Cs are made available to Visitors on the Site and are accessible at the URL address: https://thebellylab.com/mentions-legales/, where they can be directly consulted. TBL recommends that Visitors keep a printed version of the General Terms and Conditions applicable at the time of browsing the Site and / or if necessary at the time of any order as defined below, for their personal archives.
Any access and any use of the Site or the Programs implies the prior and unreserved acceptance by the Visitor of the CGUV in their version then in force. In the event of disagreement with all or part of the GTCUS, the use of the Site and the Programs is not authorized.
The Visitor is informed of the fact that TBL reserves the right to modify and modify the Programs and / or the Site and / or the CGUV at any time, it being understood that with regard to the Site, the applicable CGUV are those in force at at the time of the Visitor’s Order, unless otherwise stipulated in the GTCUS. It is therefore the responsibility of the Visitor to consult and carefully read the current Terms and Conditions before each use of the Site.
Finally, it is specified that the TBL Site is exclusively dedicated to consumers.
Each term starting with a capital letter has the meaning indicated in its definition, whether singular or plural:
“Order Form”: means the document available on the Site, at the end of which the Customer places his Order, identifying the Customer as a contracting entity, the Customer’s contact details, the references of the Program (s), the price , the related processing costs, if any, and expressly referring to these GTCUS; it being understood that to be valid, any Purchase Order must imperatively be validated by the Customer, by checking the corresponding box, and accepted by TBL, according to the terms of article 7 of the CGUV.
“Customer”: designates any individual, natural person, meeting the prerequisites defined in article 4 of the CGUV, who places an Order for private purposes, for his own personal use, or for gifts.
“Order”: means the Order of Programs in accordance with the terms of the Contract, made by the Client to TBL via the Site, through an Order Form.
“Personal Account”: designates the Visitor’s account allowing him to connect to the Site and access the Programs.
“General Conditions of Use and Sale” or “CGUV”: designate this document, including its preamble, as it appears on the Site, applicable at the time of browsing on the Site and / or if necessary, Placing an Order and receiving the Newsletter.
“Content”: designates all of the information, publications accessible on the Site, and where appropriate on other TBL online communication media, and all other elements linked to the Site, whether or not filed, including the general structure, design, texts, illustrations, images, animated or not, videos, sounds, music, hypertext links, distinctive signs (brands, logos), icons, software and associated databases as well as their content, including in particular text, figures, graphics, photos, videos, presentations, hypertext links.
“Contract”: means the Purchase Order and the CGUV, in the order of priority defined in article 2.1 of these CGUV or relating to the visit of the Site and the subscription to the Newsletter, the CGUV only.
“Communications”: designates all content transferred from the Visitor to TBL, including in particular images, photographs, comments, and testimonials transmitted in order to illustrate the results obtained through the use of the Programs and the TBL Method.
“Personal Data”: means any information relating to an identified or identifiable natural person, directly or indirectly.
“Intellectual Property Rights”: all copyright, copyright, software rights, database producers’ rights, patents, brands, company names, domain names, designs and models, know-how rights and in general, all intellectual property rights, whether or not they have been registered, including related registration requests and all similar and analogous rights, in all countries and jurisdictions for the duration of the related rights.
“Identifier”: designates the personal identifier associated with the Visitor’s Personal Account.
“TBL Method”: Innovative and original holistic method, the exclusive property of which is held by TBL.
“Password”: designates any confidential code or password chosen by the Visitor and allowing him to identify himself in order to access his Personal Account.
“Partner”: designates any partner company of TBL.
“Party”: designates (s) individually TBL or the Visitor, and collectively TBL and the Visitor.
“Programs”: designates in particular the digital program TBL 01 “one month for a flat stomach”, as well as all the other programs edited by TBL marketed via the Site and its sub-domains developed using the TBL Method.
“Newsletter”: designates access to the newsletter offered by TBL to which any Visitor can subscribe, in accordance with the methods provided for in article 6.4 of the GTCUS.
“Site”: means the website accessible via the Internet at the URL address: https://thebellylab.com, but also its sub-domains, including https: //eng/thebellylab.com.
“TBL”: The Belly Lab Limited, Limited Liability Company with a share capital of € 1,200, registered in the Malta Trade and Companies Register under number C91246 having its registered office at 14/5 A Milner Street, Sliema , Malta
“Visitor”: designates any user of the Site; a Customer also being a Visitor within the meaning of the GTCUS.
2.1 With regard to the sale of the Program, the Contract is made up of the documents defined and classified below in descending order of priority, the preceding taking precedence over the following in the event of contradiction:
purchase order ;
The T & Cs apply to any Order placed on the Site or by any other means of remote control offered by TBL.
The Visitor acknowledges and accepts that TBL reserves the right to modify the CGUV at any time, under the conditions stipulated in article 15 of the CGUV.
By way of derogation from the above, the visit to the Site and the subscription to the Newsletter are subject exclusively to the CGUV.
2.2 The Contract constitutes all of the agreements between the Parties, cancels and replaces any previous or contemporary oral or written stipulation relating to the same object.
3 PURPOSE OF THE GTCUS
The purpose of these Terms and Conditions is to define the terms and conditions of access and use of the Site and the Programs by Customers.
4.1 The Customer guarantees that he has the legal capacity necessary to use the Site and the Programs, and in particular to have a legal majority.
4.2 Access and use of the Site and, where applicable, of the Programs imply on the part of the Customer to have computer equipment (in particular computer, telephone, software, means of electronic communication, internet access, browser updates) allowing this access and this use, it being understood that the Customer alone bears the related costs. It is agreed that to benefit from access to the Programs marketed via the Site, the Customer expressly acknowledges and guarantees that he has Internet access, and recognizes that the Programs are only accessible online and not downloadable. Thus, the Customer expressly recognizes that it is essential to have internet access to view the Programs.
4.3 In the event that the Customer wishes to offer the Program as a gift, he is invited to inform the recipient of the gift of the applicable conditions, and if applicable, the scope of use of the Programs concerned; the Customer remaining responsible for the use of said Programs.
5 TERMS OF ACCESS TO THE SITE AND THE PROGRAMS
5.1 Access to the Site
Access to the Site and the use of its search engine are open to all Visitors. The acquisition of the Programs requires the creation of a Personal Account.
5.2 Creation of a Personal Account
Each Visitor has the option of creating their Personal Account when purchasing a program or by clicking on the “My Account” section accessible on the Site, and by filling out a registration form.
The Visitor chooses their Username and Password, which are strictly personal and confidential and remain under their sole responsibility. The Visitor undertakes not to communicate them to third parties and to take all the necessary precautions to ensure their confidentiality, their security, their safeguard and their correct use, in order to avoid that they are revealed to unauthorized third parties .
If the site allows, a Visitor with a Facebook or Google account can create their Personal Account through their Facebook or Google account.
The creation of a Personal Account implies the provision by the Visitor of Personal Data such as name, first name, email address and possibly date of birth, postal address, which are the subject of a computer processing as specified in article 22 of these GTCUS.
It is specified that each Visitor remains solely responsible for entering their information and Personal Data. TBL can in no way be held responsible for any data and information that is false, inaccurate, outdated, incomplete, misleading or of a nature to mislead. Similarly, any access, use of the Site and transmission of data made from the Personal Account will be deemed to have been made by the Visitor.
The Visitor undertakes to create and use only one Personal Account, as well as to communicate only accurate, complete and up-to-date information which does not infringe the rights of third parties (in particular the use in the email address provided: the patronymic name, the trademark of others or elements of works protected by intellectual property law …) or contrary to public order and morality.
It is expressly stated that any loss, or any use by an unauthorized third party of a Visitor’s Identifier and Password, and their consequences, are the sole responsibility of the Visitor. In this case, the Visitor agrees to inform TBL immediately by email, specifying their Username, name and first name at the following address: firstname.lastname@example.org.
Each Visitor can request the closure of their Personal Account at any time and without reason, by contacting TBL by email at the following address: email@example.com
In the event of a breach by the Visitor of any of the above commitments, TBL reserves the right to immediately delete, suspend or terminate the Visitor’s Personal Account and to deny him access, temporarily or permanently to all or part of the Site and Programs.
6 CHARACTERISTICS OF THE PROGRAMS, THE NEWSLETTER AND THE FACEBOOK GROUP
Purchasing Programs allows you to benefit from videos, instructions and exercises that make up the TBL Method.
Any acquisition of the Program necessarily implies the creation of a Personal Account as well as – as indicated above – the express acceptance of these Terms.
The Program is personal, nominative, and cannot be the subject of a loan, rental or any transfer by the Client or the Beneficiary.
It is expressly provided that the Programs are only accessible online and therefore cannot be downloaded from the Customer’s terminal.
6.2 Private Facebook group: access to the private Facebook group “TBL Mutual Aid and Support” is accepted subject to providing the email address with which the TBL program was purchased.
Subscription to the Newsletter is carried out free of charge, according to the frequency chosen by TBL, and it is sent to the Visitor who has subscribed to it at the electronic address which the latter has thus informed.
Any Visitor can unsubscribe from the Newsletter at any time by contacting TBL by email at the following address: firstname.lastname@example.org
7 Placing an Order; ORDER FORM AND FORMATION OF THE CONTRACT
To place an Order, the Visitor must follow the various stages of order appearing on the Site, namely:
7.1 Ordering Programs
The program ordering process is as follows:
go to the Site, then consult the “My Programs” tab,
select the Program. The Visitor has the possibility to consult a great deal of information on the Program, in particular overviews, descriptions, price, and comments from previous users,
add the programs directly on the “Basket” page,
create or identify themselves with their last name, first name and email address for the creation of a personal account, constituting a prerequisite for any Order;
tick the box relating to the acknowledgment and acceptance of the GTCUS;
take note of the summary Order Form displayed, including the price of the Order including tax,
make the online payment according to the modalities provided for in article 9 of the CGUV,
confirm the unconditional acceptance of the Order by clicking on “Confirm my order”.
Find the programs purchased by logging into your TBL account, section “My account”.
7.2 General stipulations
The Order is considered accepted by TBL and final only when the bank payment center concerned has given its agreement, and TBL has validated the Order. In the event of acceptance by the payment center and by TBL, the latter sends the Customer a summary email of the Order, including an Order number, to be used in each subsequent correspondence with TBL relating to the Order. This e-mail will count as an acknowledgment of receipt of the Order. It is recalled that the Order Form is only formed from the express acceptance by TBL of the Order according to the terms provided in this article. Once the payment has been accepted and without prejudice to the stipulations of article 15 of the GTCUS, the Customer can no longer modify the Order Form.
A digital invoice is sent by email to the Customer. TBL recommends that the Customer print said invoice. In case of refusal of payment, the Order will be automatically refused and the Customer will be informed by email.
The Customer is solely responsible for the information provided during the Order, in particular the name and email address; the Purchase Order validated as indicated above being firm and final.
TBL reserves the right to refuse any abnormal Order or order placed in bad faith. Likewise, TBL reserves the right to refuse or cancel any Order from a Customer with whom there is a dispute relating to a previous Order.
8.1 Program Prices
The prices of the Programs displayed on the Site are those in force on the day of the Order. Unless otherwise stated on the Site, this is a total price excluding any additional costs.
If the gift card is purchased at a price higher than the program price at the time it is used, the difference will not be credited to the user. Otherwise, the difference will not be requested.
All prices are expressed in euros, dollars or if possible in the currency of the country concerned including tax for the TBL site and its sub-domains and include VAT at the rate in force on the day of invoicing.
9 TERMS OF PAYMENT AND SECURITY
9.1 Payment terms for an Order
Payment for the Customer’s Order is made online, in cash, on the day of the Order.
The bank cards accepted for the payment of an Order in accordance with the Order Form are the cards of the Carte Bleue / Visa and Eurocard / Mastercard / American Express networks.
Payment is also possible by PayPal.
9.2 Payment processing
The Client authorizes TBL to share with Stripe the contact details provided to TBL when placing an order, as well as those concerning transactions made via the payment solution provided by thebellylab.
It is specified that TBL reserves the right to change provider at its sole discretion.
The Customer guarantees to TBL, when placing an Order, that he is the holder of the bank card and that the name appearing on this bank card to be debited is his own. The Customer indicates the number on the front of his card, the expiration date of his card, the cryptogram on the back of his card (last three digits) and the name of the card holder. The communication by the Customer of his bank card number constitutes authorization for TBL to debit his account up to the amount of the Programs subject to the Order.
The amounts corresponding to the price indicated during the Order are then instantly deducted by TBL. All data is transmitted in encrypted form using an SSL certificate.
In the event of rejection of payment or direct debit by the bank payment center, TBL reserves the right to request payment of the amount due by any other means of payment, or to notify the Customer of the cancellation of his Order by email sent by TBL to the email address indicated by the latter during the Order.
9.3 Anti-fraud checks
As part of the fight against means of payment fraud, TBL or any person authorized by it may ask the Customer to justify his identity, his domicile, and the means of payment used. These controls aim to protect Customers and TBL from abusive practices operated by fraudsters, in particular against any fraudulent use of bank cards. The supporting documents requested, where applicable, certify that the person to whom the bank card belongs is the person who places an Order.
For an Order with a delivery address different from the billing address, TBL or any person authorized by it, reserves the right to contact the person mentioned at the billing address as well as the one mentioned at the address of delivery.
Within the framework of these procedures, TBL or any person authorized by it, also reserves the right to request from the Customer the documents necessary for the execution of the Order: proof of address and name of the Customer, but also those of the person indicated for delivery. These requests will be made by email and / or by registered letter with acknowledgment of receipt. Failure to respond to a request of this type within two (2) working days in France, following TBL’s request will automatically result in the cancellation of the Order concerned.
Any abnormal order or made in bad faith, any fraud or attempted fraud, any incident of payment of the price of an Order due to fraud may result in the refusal of the Order without prejudice to the stipulations of article 15 of the GTCUS.
9.4 Promo codes
TBL may offer promo codes via the Site or via Partner sites. These promo codes cannot be combined with other exceptional offers. The promo codes are only valid for the Order of Programs, via the Site.
10 RIGHT OF WITHDRAWAL
According to article L121-28 13 ° of the Consumer Code, the right of withdrawal is inapplicable to the services of “supply of digital content not supplied on a material medium, the execution of which has started after the express prior agreement of the consumer and express waiver of his right of withdrawal ”.
Thus, in no case TBL will be required to reimburse a Customer for the price of the Programs for any reason whatsoever, including in the event that the Customer does not have internet access allowing him to access the Programs, which are only available online, and cannot be downloaded.
The purchase of the Programs is closed and these can be used until TBL terminates the said Programs.
TBL reserves the right to modify all or part of the Programs, the price, the T & Cs at any time and will inform the Customer by any means in the event of changes.
These Terms and Conditions will remain in force throughout the lifetime of the Site, subject to any modifications that may be made to them.
12 INTELLECTUAL PROPERTY
12.1 Content of the Site
The Content of the Site is protected under intellectual property law by the legislation in force and the applicable international conventions.
In particular, the “TheBellyLab by Joelle Bildstein” brand, the thebellylab domain name, the Content and all elements linked to the Site and / or the Programs, whether registered or not, are the exclusive property of TBL and / or its licensors.
In general, any reproduction, distribution, representation, transmission, modification or other use of the Content without the prior written consent of TBL or third parties holding the related rights, for any reason whatsoever, is prohibited, under penalty of prosecution judicial.
In addition, it is specified that any extraction by permanent or temporary transfer of all or a qualitatively or quantitatively substantial part of the content of any database, property of TBL on another medium, by any means and in any form that either, as well as re-use, by making available to the public all or a qualitatively or quantitatively substantial part of the content of the database, whatever its form, is prohibited.
It is expressly provided that TBL remains the exclusive owner of all Intellectual Property Rights relating to the Programs, including the TBL Method.
In fact, the Order of Programs by the Customer constitutes only an acquisition by the Customer of access to the electronic medium of the Program, to the exclusion of intellectual property, which remains the exclusive property of TBL.
Within the framework of the Order of the Programs, the Customer acquires only a non-exclusive right to use the Programs. This right is granted for personal use (use as a gift is however authorized) and non-commercial, subject to compliance with these Terms.
The Customer is prohibited in particular from communicating, reproducing, representing, translating, adapting, modifying, transforming, arranging, developing, digitizing, exploiting, distributing, marketing for any reason whatsoever and in any form whatsoever, the components Programs, containing the TBL Method, transmitted by TBL in the context of Ordering Programs.
Failure to comply with the obligations of this article, the Customer may be subject to legal proceedings.
Any Communication transmitted to TBL, at its request or spontaneously by the Visitor, by email, via the use of a social network or any other means, in particular by posting on the Site, generates a license or a sub-license irrevocable and non-exclusive granted by the Visitor to TBL, free of charge, as well as to his successors and assigns, to use, store, distribute, reproduce, modify, adapt (including any extraction, cutting, editing that TBL deems necessary to the exploitation of Communications), publish, translate, distribute, exploit any Communication (in whole or in part and with or without the use of the Visitor’s name) worldwide, on any medium or via any known technology or unknown to date, for a period of (10) ten years from the transmission of Communications to TBL, in accordance with French law and international treaties, for any purpose (commercial, advertising or other) .
Communications will not be subject to any confidentiality obligations on the part of TBL, and TBL will not be responsible for the use or disclosure of these Communications.
In addition, the Visitor is fully responsible for the content of his Communications, and he undertakes, in particular in the context of Communications made publicly via the Site or via social networks, not to infringe in any way whatsoever in particular to the image and the notoriety of TBL, to the Programs or the TBL Method and its creator Mrs. Joëlle Bildstein, as well as to public order and morality.
The Visitor also guarantees that: (i) he is the holder or in any other way has the Intellectual Property Rights in his Communications, including, in particular the rights allowing him to communicate, put online, download, enter or submit the communications ; (ii) insofar as he is not the only and sole holder of said Rights in these Communications, any third party holder of Rights in these Communications has waived all of these rights and granted, validly and irrevocably to the Visitor , the right to grant the license mentioned above; and (iii) any person appearing on images, photographs and / or videos forming part of the Communications (if any), has consented to the use of these images, photographs and / or videos in accordance with the terms of the aforementioned license .
14.1 General stipulations
The Site and the Programs are made available to the Visitor “as is”, unless otherwise stipulated in the GTCUS. In particular, TBL does not guarantee that the Site and / or the Programs meet the expectations and requirements of the Visitor. Consequently, the use of the Site and the Programs is at the risk of the Visitor.
14.2 Guarantees relating to the use of the Site
If TBL makes its best efforts to ensure the availability and proper functioning of the Site and the Programs, it does not guarantee continuous access to the Customer, including with regard to its Personal Account.
The transfer rates and response times of information circulating from the Site to the Internet are not guaranteed by TBL. In this regard, the Customer acknowledges that the speed of information transmission does not depend on the Programs and Site offered by TBL, but on the characteristics inherent in electronic communications networks and the technical characteristics of its connection mode (cable, ADSL, 3G , 4G etc.) and its Internet access.
TBL reserves the right to interrupt the operation of the Site and / or access to the Programs at any time, with or without notification, in particular for the purpose of evolving and / or corrective maintenance, or to change the content thereof or presentation, or for any other reason beyond the control of TBL.
In any event, TBL can in no way be held responsible for any interruption and / or malfunction of the Site and / or the Programs, whatever the cause.
It is up to each Visitor to take all appropriate measures to protect their own data, software and hardware, from contamination by viruses or other forms of attack possibly circulating through the Site or the Content. In this regard, the Visitor is informed of the risks inherent in the use of the Internet, and in particular in terms of lack of security in the transmission of data and unsecured continuity in access to the Site and the Content. In any case, TBL cannot be held responsible for these risks and their harmful consequences, whatever their extent, for the Visitor.
15.1 Liability of TBL
15.1.1 TBL will in no case be required to repair any direct and / or indirect damage suffered by the Customer and / or a third party, on the occasion or after the use of the Programs and the Site, or on the contrary of the impossibility of accessing the Programs or the Site, even if TBL has been informed of the potential of such damages.
In any event, the responsibility of TBL cannot in any case exceed the amount excluding taxes paid by the Client under the Program (s) under consideration, subject to the legal provisions applicable, where applicable, to the consumer.
This limitation of liability applies, whether the action for liability is initiated on a contractual or tort basis.
15.1.2 The use of the Programs is reserved for people in good physical and mental health. In case of doubt, it is strongly recommended that the Client consult his doctor before using the Programs.
By placing an Order, the Customer declares that he is not particularly concerned by any of the following cases: insulin-dependent diabetes, eating disorders, heart failure, renal failure, subject to major depression in progress, pregnancy in progress, breast-feeding in progress, as well than any other state likely to be incompatible with the exercise of a sporting or holistic activity.
In addition, the Programs and the recommendations contained on the Site may not be adapted to certain people, in particular to people following a medical treatment or a particular diet prescribed by a doctor, in the context of a specific pathology or ‘pregnancy.
The use of the Programs or recommendations contained on the Site cannot replace medical consultation or the consultation of a physiotherapist or other paramedical profession.
TBL does not guarantee that the Programs will perfectly meet the expectations of the Client, and in particular that the results which can be obtained by the Programs will be obtained in all cases.
TBL being bound only by an obligation of means, it cannot be held liable for failure by the Client to achieve the expected results, or in the event of results harmful to the Client.
The Visitor acknowledges that the information contained on the Site is not exhaustive and does not deal with the entirety of the different cases, symptoms and treatments appropriate to the requirements of each person. In any event, the Customer is solely responsible for the use of the Site and the choice of the use of the Programs and the results obtained by following the Programs.
15.2 Customer responsibility
The Customer is solely responsible for the choice of use of the Site and the Programs and for their suitability for his needs. He is also and in particular solely responsible for the communications that he communicates via it, for securing his IT equipment and for backing up his data.
The Customer undertakes to comply with the stipulations of the GTCUS, by acting in a manner compatible with the Site and the Programs and the laws and regulations in force, in particular those relating to morality and public order.
In addition, the Customer agrees not to:
solicit Username, password or personal information from other users for illegal commercial purposes, and / or;
transmit or propagate any virus, altered file and / or similar destruction device or corrupted data in the context of the use of the Site, and / or organize, participate or be involved in any way in an attack against the servers of TBL.
The violation of the stipulations of the GTCUS by the Customer may result in the suspension of access to the Site and the closure of his Personal Account as well as the termination of his subscription to the Programs, without prejudice to any damages which TBL could claim.
The Customer is responsible for all the data he enters directly on the Site and in his Personal Account. The Visitor undertakes to guarantee and compensate TBL against any damage, complaint or request emanating from third parties relating to the use of the Site and / or the Programs by the Client and / or to the violation of these GTCUS or the rights of others .
16 EXTERNAL LINKS; SOCIAL NETWORKS
Some hypertext links on the Site refer to resources published by third parties and located on servers operated by third parties over which TBL has no control and whose activities are not controlled, verified and / or endorsed by TBL.
Consequently, TBL excludes all responsibility for the availability and content of the resources and sites concerned.
TBL uses links to certain social networks, including Facebook and Instagram. If the Visitor uses these links, the information related to the browsing of the Visitor on the Site and his membership in these social networks will be transmitted and recorded on a TBL server operating the social network considered and shared according to the parameters of the Visitor’s account on these social networks, in accordance with the conditions of use of the social network considered.
If the Visitor does not want a social network to link the information collected through the Site to the user account of the social network, the Visitor must log out of the social network before browsing the Site. In any case, the use of these links is operated by these social networks and is exclusively governed by the conditions linking the Visitor to the social network of which he is also a member.
17 PERSONAL DATA, COOKIES AND IP ADDRESS
The Visitor is invited by TBL to consult its Privacy and Cookie Management Policies, in order to be aware of the Site’s policy regarding Personal Data and cookies.
At the request of the judicial authorities, TBL may transmit the Visitor’s IP address so that the latter can be identified, in cooperation with its Internet service provider.
The Visitor can oppose the creation of these cookies by using the privacy or security option specific to their browser.
18 FORCE MAJEURE
The stipulations of these T & CUS will not apply in the event of force majeure delaying or preventing one of the Parties from fulfilling its obligations.
Force majeure is constituted by any event recognized as such by article 1218 of the Civil Code and defined by the jurisprudence of French courts.
19 MISCELLANEOUS STIPULATIONS
19.1 In the event that one of the stipulations of the GTCUS is or becomes inapplicable, unenforceable, lapsed or null, for any reason whatsoever, it will be deemed unwritten, but will not result in the nullity or lapsing of the other stipulations of the CGUV. In this case, the other stipulations will not be affected in any way and will remain fully in force.
19.2 The fact that TBL and / or the Visitor does not exercise or delay exercising any of the rights of one or more stipulations of the GTCUS, can in no way be interpreted as a waiver of availing themselves of it later.
19.3 Notifications will be sent to the Customer by email at the address indicated during the Order. Any email sent by TBL to a Visitor is deemed to have been received by the Client, who is thus deemed to have fully understood it.
19.4 The files, data, messages and computerized registers recorded in the computer systems of the Parties will be accepted as proof of the acts and facts between the Parties. The conservation of the registers will be presumed, unless proven otherwise, to have taken place under reasonable conditions of security if the messages, data and other documents are systematically recorded on a reliable and durable medium.
20 CUSTOMER SERVICE
For any information, question or complaint, TBL customer service is available:
In accordance with article L.612-2 of the Consumer Code, any dispute must be entrusted to TBL customer service beforehand.
21 APPLICABLE LAW; MEDIATION; LITIGATION
These CGUV are governed by French law.
In accordance with articles L.612-1 and R-612-1 and following of the Consumer Code, the Customer is informed that in the event that a dispute in connection with the CGUV arises, the Customer can refer to the Consumer Mediator of his choice whose contact details are given at the following address: https://www.economie.gouv.fr/mediation-conso/saisir-mediateur#secteur%202.
In addition, the Customer is informed of the possibility of using the online dispute resolution platform (RLL) made available by the European Commission at the following address: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.
Failing this, the Customer may seize one of the jurisdictions with territorial jurisdiction under the Code of Civil Procedure at his option.