Legal Notices

Definitions

  • Client: Any professional or natural person capable within the meaning of Articles 1123 and following of the Civil Code, or legal entity, who visits the website subject to these general conditions.

  • Services: Embalsace provides clients with services available on the website:

  • Content: All elements that make up the information present on the website, including text, images, and videos.

  • Client Information: Hereinafter referred to as “Information(s),” which corresponds to all personal data that may be held by Embalsace for the management of your account, customer relationship management, and for analysis and statistics purposes.

  • User: An internet user who connects and uses the aforementioned website.

  • Personal Information: “Information that allows, in any form whatsoever, directly or indirectly, the identification of the individuals to whom it applies” (Article 4 of Law No. 78-17 of January 6, 1978).

The terms “personal data,” “data subject,” “processor,” and “sensitive data” have the meanings defined by the General Data Protection Regulation (GDPR: No. 2016-679).

1. Presentation of the Website

Pursuant to Article 6 of Law No. 2004-575 of June 21, 2004, on confidence in the digital economy, users of the Embalsace website are provided with the identity of the various stakeholders involved in its creation and monitoring:

2. General Conditions of Use of the Site and the Services Offered

The website is a work of intellectual property protected by the provisions of the Intellectual Property Code and applicable international regulations. The client may not, in any way, reuse, assign, or exploit, for their benefit, any or all of the elements or works of the website.

The use of the Embalsace website implies full acceptance of the general terms and conditions described below. These terms of use are subject to change or supplementation at any time, so users of the Embalsace website are invited to consult them regularly.

This website is normally accessible to users at any time. However, an interruption for technical maintenance reasons may be decided by Embalsace, who will endeavor to communicate the dates and times of the intervention to users in advance. The Embalsace website is regularly updated by Embalsace’s responsible party. Likewise, the legal notices may be modified at any time: however, they are binding on the user, who is invited to refer to them as often as possible to become aware of them.

3. Description of Provided Services

The Embalsace website aims to provide information about all the activities of the company. Embalsace strives to provide the most accurate information on the Embalsace website. However, it shall not be liable for omissions, inaccuracies, and deficiencies in updating, whether caused by it or by third-party partners who provide this information.

All information on the Embalsace website is provided for information purposes only and is subject to change. Furthermore, the information on the Embalsace website is not exhaustive. It is subject to changes that may have been made since it was put online.

4. Contractual Limitations on Technical Data

The website uses JavaScript technology. The website shall not be liable for any material damage related to the use of the site. In addition, the website user agrees to access the site using recent equipment, free of viruses, and with an up-to-date, latest-generation browser.

The Embalsace website is hosted by a service provider in the European Union in accordance with the provisions of the General Data Protection Regulation (GDPR: No. 2016-679). The goal is to provide a service with the best possible accessibility rate. The host ensures the continuity of its service 24 hours a day, every day of the year. However, it reserves the right to interrupt the hosting service for the shortest possible periods, particularly for maintenance, improvement of its infrastructure, failure of its infrastructure, or if the Services generate traffic considered abnormal.

Embalsace and the host shall not be liable in case of malfunction of the Internet network, telephone lines, or computer and telecommunications equipment, in particular related to network congestion preventing access to the server.

5. Intellectual Property and Counterfeiting

Embalsace owns the intellectual property rights and holds the rights to use all elements available on the website, including text, images, graphics, logos, videos, icons, and sounds. Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, regardless of the means or process used, is prohibited unless prior written authorization is obtained from Embalsace. Any unauthorized use of the site or any of the elements it contains will be considered as constituting an infringement and will be pursued in accordance with the provisions of articles L.335-2 and following of the Intellectual Property Code.

6. Limitations of Liability

Embalsace acts as the editor of the site. Embalsace is responsible for the quality and accuracy of the content it publishes.

Embalsace shall not be liable for direct or indirect damage caused to the user’s equipment when accessing the Embalsace website, resulting either from the use of equipment that does not meet the specifications indicated in point 4 or from the appearance of a bug or incompatibility.

Embalsace shall also not be liable for indirect damages, such as loss of market or loss of opportunity, resulting from the use of the Embalsace website. Interactive spaces (possibility to ask questions in the contact area) are available to users. Embalsace reserves the right to delete, without prior notice, any content posted in this space that violates applicable law in France, particularly with regard to data protection regulations. If applicable, Embalsace also reserves the right to challenge the civil and/or criminal liability of the user, especially in the event of a racist, offensive, defamatory, or pornographic message, regardless of the medium used (text, photography, etc.).

7. Applicable Law and Jurisdiction

Any dispute related to the use of the Embalsace website is subject to French law. Except in cases where the law does not allow it, exclusive jurisdiction is granted to the competent courts of Mulhouse.