CGU

Our Terms of Use

The company LA BOULE OBUT (hereinafter referred to as OBUT) is a simplified joint-stock company registered with the RCS of ST ETIENNE under number 415 203 355.

Its registered office is located at 5 Chemin du Cros 42380 ST BONNET LE CHATEAU.

You can contact us by mail at the above address or by email at relationclients[at]labouleobut.com.

 

1. Purpose

These general terms of use ("Terms of Use") are intended to define the terms and conditions of browsing the "website" between OBUT, on the one hand, and any "User", on the other hand.

The browsing conditions concern in particular the use of the "website", its features, its links, as well as the various forms present on the site. They are fully enforceable against any person using the site, whether or not connected to their web account, whether or not they have consented to the use of cookies, whether or not they are a customer of OBUT.

 

2. Definitions

‘GTCU": means these general terms and conditions of use and any subsequent amendments thereto. 
‘Website": refers to the www.obut.com website and all sub-domains linked to these web pages, with the exception of any web page consulted via an external domain name, in particular on a payment or electronic signature platform. 
‘User": refers to the person browsing the “website” and any person holding a customer account on the said website. 
‘Identifiers": refers to the e-mail address and password chosen by the “User” to access his/her customer area.

 

3. Requirements for browsing the website

  • In order to access the ‘website’ or its customer area, the ‘User’ is required to have a terminal and a satisfactory connection to an Internet network, which are the responsibility of the ‘User’.
  • The ‘User’ must be at least 15 years old. Under this age, the ‘User’ must be accompanied by one of his/her legal representatives when browsing the Website.
  • Access to the customer area is reserved for OBUT customers who have personal identifiers. Opening a customer account on our Website is not a mandatory prerequisite for browsing the Website.

 

4. Applicability of the ‘TERMS

  • These ‘GCU’ apply to all access to and browsing of the ‘Website’ regardless of the geographical location of the ‘User’.
  • The fact of continuing to browse the Website implies acceptance of these GCU.

 

5. Availability of the website

  • The obligation to make the Website available is an obligation of means. OBUT uses all technical and organizational means at its disposal to ensure that any ‘User’ wishing to access the Website, log on to its Customer Area, and access the various other functionalities of the ‘Website’ can do so.
  • OBUT shall not be held liable for any technical malfunction of the Website preventing the User from accessing the Website or the Customer Area, regardless of the cause of the unavailability, its duration, its consequences and whether or not it is partial or blocking.
  • Our company is not in a position to guarantee access to its Website at all times, such access being impossible in the event of updates, anomalies, bugs, cyber attacks or during certain preventive or remedial maintenance operations. However, OBUT makes every effort to inform the User in advance of any scheduled unavailability. In addition, OBUT takes the necessary contractual and technical measures at all times to ensure that its Website is available without major interruption.

6. Creating and using a customer area

  • The creation of a customer area on the ‘Website’ is open to any ‘User’ meeting the prerequisites listed in Article 3. It is not mandatory to place an order in order to open a web customer account with OBUT.
  • When logging in for the first time, the User will be asked to choose a password. This password must meet the robustness requirements of our platform and must not configure a password that has already been used, in the past or currently, on another website or web account with the same e-mail address.
  • Access to and continued use of the customer area is subject to the User's compliance with these GCU. In the event of a breach of these Terms and Conditions, our Company may suspend or revoke the User's Identifiers.

7. Security of customer login details 

7.1. Your password is personal and confidential. You undertake never to divulge it to anyone for any reason whatsoever, as you are the only person authorised to connect to your personal account. This is a trivial but crucial security measure, which enables you to help us keep your personal data safe.

7.2. To ensure secure access to your customer area, you must choose a unique password containing at least 8 characters, including at least one lower case letter, one upper case letter, one number and one special character. You are advised to change your password spontaneously every 3 months, or immediately if you discover that the same e-mail/password combination has been compromised on a third-party database. In this respect, we recommend that you never use a password on our Website that has already been used on another application. If you lose access or forget your password, you may request that it be recovered/reset at any time on the Website.

7.3. OBUT cannot be held responsible for any prejudicial consequences caused to the User as a result of the User choosing a password that is too weak, or as a result of the User's deliberate or accidental disclosure of the password to a third party.

8. Contractual or non-contractual nature of the content of our Website

The photographs, texts, information, files, documents and models shown on our Website are for information purposes only and are not contractually binding.

For further information, please consult our general terms and conditions of sale. 

9. Liability

  • Only the information mentioned on our ‘Website’ determines the content and limits of our commitment.
  • We cannot be held responsible for any malfunctioning of the ‘Website’ due to a poor connection or the use by the ‘User’ of equipment that is not compatible, up to date or connected to an Internet network.
  • Nor can we be held responsible for any activity that does not comply with one or more of the obligations in these ‘Terms and Conditions’, whether carried out in good faith or in bad faith, on our ‘Website’.
  • The ‘User’ is solely responsible for the use he makes of his customer area and for the accuracy of the information he enters there.
  • In this respect, we shall not be liable for any security breach originating from the network chosen by the ‘User’ and causing him/her harm while browsing the ‘Website’, or for any non-legitimate access to his/her customer account resulting from the intruder's discovery of the ‘User's’ password. Our company has no way of knowing your password, which is encrypted in our databases and cannot be read.
  • OBUT reserves the right to modify, without prior notice and without any possibility of claim or compensation for the ‘User’, some or all of the sections, pages, functionalities and content of the ‘Website’ in order to add, modify or delete certain sections.

13. Closing a web account

  • Any ‘User’ may request OBUT to close his/her customer account at any time.
  • This request can be made from your customer area, from the Privacy Settings tab, and from the Delete Account button. You can also send an email request to relationclients@labouleobut.com.
  • Please note that a request to close a customer account is not equivalent to exercising a right of deletion within the meaning of the regulations relating to personal data, a right from which all ‘Users’ benefit under the conditions set out in our Privacy Policy.
  • Any request to close a web client account is final and irreversible. You may not retract this request and may not subsequently retrieve the data it contained.
  • You may, however, open a new web client account with the same e-mail address at any time in the future.

14. Intellectual property - trademarks

  • The ‘Website’ and the customer area of OBUT, including all design, graphics, text, logos related, are protected by intellectual property rights held by OBUT.
  • In particular, OBUT is the owner and exclusive holder of the rights relating to word and semi-figurative trademarks registered by it on French and European territory. No use of these trademarks may be made by any person whatsoever without prior written permission from our company.
  • OBUT is the owner of all intellectual property rights relating to its Website and does not infringe any third party rights. Furthermore, the ‘User’ does not have any right of claim.
  • No copy, reproduction, use or distribution of logos, texts, graphic elements or brands is permitted without OBUT's consent. Any person infringing this provision will be held liable and may be subject to civil and criminal proceedings. In particular, Article L716-4 of the French Intellectual Property Code states that ‘any infringement of the rights of the owner of the trademark constitutes an infringement for which the person responsible will be held civilly liable’.

15. Cookie

  • When you access the site, you will be informed of the presence of cookies and you will be free to accept or refuse them. You have 3 options: ‘Refuse’ ‘Authorise selection’ ‘Accept all’.
  • Cookies are ‘small computer files that can be used by websites to make the user experience more efficient’.
  • The default selection is for ‘necessary’ cookies only, and you can then tick the boxes for marketing and statistical cookies as you wish. Failure to make a choice is equivalent to an opt-out. In this case, no cookies subject to your prior consent (opt-in) are placed on your terminal.

16. Hypertext links

16.1. The hypertext links that we publish on our ‘website’ redirecting to other sites are provided for information purposes only. The ‘User’ is free to activate them or not and to continue browsing this other website. OBUT accepts no liability in this respect. 

16.2 It is forbidden to create any single or deep URL link to our Site without our prior written permission for commercial purposes.

17. Cyber attacks

17.1. Like any company in the digital age, and despite its daily vigilance and the security measures implemented, OBUT may, via its Website, fall victim to destabilisation by denial of service, defacement or any other malicious technological or human process. This first action by a third party consists of making the Website unavailable, and the second action consists of a third party changing the presentation of a web page to incorporate elements unrelated to the service offered. In this respect and subject to the foregoing, OBUT may not be held liable for any damage caused by the impossibility of accessing the Website as a result of a denial of service or by the display of a Website that does not comply with the reasonable expectations of a product Website, when the incident in question results from the unauthorized and/or malicious actions of a third party.

17.2. Any attempt by a ‘User’ to browse the ‘Website’ with the aim of spying on OBUT's practices and services is considered to be contrary to these ‘Terms and Conditions’.

17.3. Phishing is ‘a fraudulent technique designed to lure Internet users into communicating personal data (access accounts, passwords, etc.) and/or banking data by pretending to be a trusted third party’ (economie.gouv.fr). Under no circumstances will OBUT contact you by post, e-mail or telephone unexpectedly in order to obtain from you the communication of bank details, ‘Identifiers’ or any other personal data.  OBUT will not be held responsible in the event that you transmit banking or personal information related to your Customer Area to a third party.

18. Contact and complaints

If you have any questions about the products offered by OBUT or the operation of the website, you can contact us by clicking on the Contact tab on our website.

19. Modification of the TERMS

In the event of modification of these GCU, the ‘User’ with a web client account will be informed by any means at the latest at the time of his/her first connection subsequent to the said update. By creating a customer account on the ‘Website’, the ‘User’ consents to receiving emails informing him/her of changes to any conditions (of use, sale or our confidentiality policy).

20. Applicable law and jurisdiction

20.1.  These GCU are governed by French law.

20.2. Any dispute relating to the customer area or the ‘website’, whether concerning the use of the ‘website’, acceptance of these ‘GTCU’, or the opening, use or closure of the customer area, shall be submitted to the French courts in the jurisdiction of the User's place of residence or, if the User does not reside in France, to the courts in the jurisdiction of Saint-Etienne.

21. Validity of the GCU in the event of the invalidity of one of the clauses

In the event that one of the clauses is deemed invalid or unwritten, the contract will be interpreted without this clause or will be replaced by a minimum clause by the judge, but in all cases the rest of the ‘GCU’ deemed valid will remain in force.