SAS Cosmauvergne, 254 rue des Roches - 63112 Blanzat - FRANCE
DIRECTOR OF PUBLICATION
Olivier Berthon, CEO
OVH SAS, 2 rue Kellermann - 59100 Roubaix - FRANCE
GENERAL TERMS AND CONDITIONS OF USE
The purpose of the present general terms and conditions of use (hereafter the "General Terms and Conditions of Use") is to define the methods and conditions of access and use of the Website that you unconditionally accept when you visit the Website.
If you do not accept the General Terms and Conditions of Use, please leave the Website and do not access or use it.
If you are not of legal age, you undertake to only visit the Website in the presence of your parents or guardian once they have accepted the General Terms and Conditions of Use.
COSMAUVERGNE may change and/or update the General Terms and Conditions of Use at its discretion, at any time, without notice. The user therefore undertakes to regularly read said General Terms and Conditions of Use.
By visiting the Website, you agree to comply with the General Terms and Conditions of Use as they are posted on the date of your visit.
Object of the website
The Website was created by COSMAUVERGNE and is made available to you so you can get information about the laboratory. This Website must therefore be used and visited for both personal and professional reasons.
As we take all of our activities into account when we update the Website, some new information or announcements may no longer be valid when they are posted or they may simply be out of date. COSMAUVERGNE cannot guarantee that all updates of the information or news posted on the Website are perfect, although it makes every effort to do so.
Registration on the Website is not mandatory to view its content. However, personal information will be requested if you make an order.
COSMAUVERGNE endeavours to keep the Website accessible 24/7.
However, COSMAUVERGNE may not be held liable in the event of a temporary interruption in access or use of the Website, in particular for maintenance or upgrades. COSMAUVERGNE also reserves the right to change, suspend or even interrupt the display of all or part of the Website, without notice and at any time, including its forum and, in particular, links to other websites. COSMAUVERGNE may in no case be held liable for any of these interruptions and potential consequences thereof for the user or third parties.
In no case may the Website be held liable for a loss of information or damage caused to said information.
Information and advice provided by the Website may not be interpreted as a guarantee of any kind.
COSMAUVERGNE undertakes to verify that the content of the Website complies with the French laws in effect.
COSMAUVERGNE undertakes in particular not to post information that breaches a third party right or is violent, pornographic or defamatory, and it undertakes not to post illegal content, in particular of a racist, xenophobic or paedophilic nature or that infringes the dignity of individuals.
COSMAUVERGNE endeavours to ensure that the content on its Website is accurate and reliable. However, errors may occur. Therefore, the content, information and/or items published on the Website are provided "as is", with no express or tacit guarantee on the part of COSMAUVERGNE in terms of their accuracy and exhaustiveness.
The documents and information that COSMAUVERGNE posts electronically on the Website have been reread numerous times; they may, however, contain technical and/or typographical errors or another inaccuracy, which you acknowledge and accept when you use the Website.
If you see any such errors, please do not hesitate to inform us by using the contact form. We will make the necessary corrections. The texts posted may also have been the subject of updates between the time you saw them and the time you read them.
We therefore in no way guarantee that this information is accurate, complete and up to date.
Although COSMAUVERGNE has taken the necessary steps to ensure the reliability of the information and services set out on the Website, it may not be held liable for errors, omissions, viruses or results that may be obtained through a poor use thereof. The Website is in fact bound only by a simple obligation of means.
COSMAUVERGNE, its management and/or employees may not be held responsible, in a contractual liability, criminal or other legal action, for any direct or indirect damage, incident or other consequence of any kind or any prejudice, in particular but not limited to any financial or commercial prejudice that results from the use of the Website or any of the elements on the Website.
In this regard, COSMAUVERGNE may not be held directly or indirectly liable for:
any damage whatsoever that results from a connection or access to or the use of the Website;
damage that directly or indirectly results from a visit to the Website or the use of the information available thereon;
direct or indirect damage that results from the use of the Website, in particular any operating loss, financial or commercial loss, or the loss of programmes or data in any information system, even when COSMAUVERGNE has been informed of the possibility of such damage occurring. More generally, COSMAUVERGNE provides no express or tacit guarantee related to all or part of the Website.
Visitors undertake not to voluntarily or even involuntarily introduce a virus or a file of any nature whatsoever that disrupts the operations of the Website; if they do, they will be fully liable in this regard.
To uphold respect for all individuals, COSMAUVERGNE reserves the right to seek legal action against non-compliant visitors.
The user declares and guarantees that he/she is perfectly aware of the characteristics and limitations of the internet, in particular that the technical reliability of the transmission of data and information on the internet is relative and that said data and information are transmitted over heterogeneous networks with different characteristics and technical capacities which disrupt access or make access impossible at certain times.
Intellectual property rights
All of the Website's content and each of the elements taken separately, including in particular the products and/or brands mentioned, the architecture, texts, photos, drawings, videos, images, animations, illustrations, etc. (hereafter collectively referred to as the "Elements"), are the exclusive property of COSMAUVERGNE or its technical service providers, and are protected by copyright in accordance with the laws of France and other international treaties and laws, and more broadly, intellectual property rights.
The reproduction, representation, adaptation, modification, publication, transmission or translation of all or part of the Website Elements, as well as the presentation, architecture and organization of the Website, in any form whatsoever and by any means whatsoever, is strictly prohibited without the prior written approval of COSMAUVERGNE's Publication Director or, failing which, of its technical service providers.
You are hereby informed that COSMAUVERGNE will make every effort to have its copyrights complied with by using all legal means available, including legal actions, if necessary.
The trademarks, logos and other distinctive signs present on the Website have been registered. The reproduction, representation and/or use thereof without the written agreement of their holder is strictly prohibited and would be considered an infringement. You are also hereby informed that COSMAUVERGNE will make every effort to have its intellectual property rights complied with by using all legal means available, including legal actions, if necessary.
Photo credits: Antoine Cibert, Sosoa, Auvergne Tourisme
COSMAUVERGNE does not require communication by any user of his/her personal information at any time (name, address, email address, profession, etc.). However, in particular to make an order, receive documents or participate in forums, you may be called upon to register and provide certain personal information.
COSMAUVERGNE hereby informs you that the personal information you may provide online is intended solely for use by COSMAUVERGNE or any other entity that belongs to the PIERRE FABRE Group that is responsible for the processing and archiving thereof. This information will not be communicated to other third parties, with the exclusion of the third parties that host the Website or work on its content or the management thereof.
COSMAUVERGNE shall take all reasonable measures to ensure the confidentiality of said personal information.
COSMAUVERGNE hereby informs you that its database that may include personal information has been declared to the Commission Nationale Informatique et Liberté ("CNIL") under number [CNIL_DOSSIER] v 0. Furthermore, COSMAUVERGNE reminds you that, in accordance with the terms of the "Information Technology and Freedoms" Law No. 78-17 of 6 January 1978, you have a right to access, change, correct and delete your personal information, subject to providing proof of your identity.
You may exercise this right at any time
by sending a letter to the following address:
Cosmauvergne – 254 rue des Roches 63112 Blanzat - France
By writing to the webmaster at cosmauvergne.com
The change will be made as soon as possible and at the latest within eight (8) business days of receipt of your request.
Every time personal information is collected on the Website, the legal conditions governing the collection and/or modification of the information collected will be expressly reiterated.
Subject to having received your prior consent, COSMAUVERGNE may send you direct prospecting materials or newsletters by email.
If you have subscribed to email information services (such as a newsletter), you may ask for these emails to no longer be sent either as described above or by following the instructions set out at the end of each of these communications when you receive them.
Finally, the Website may be called upon to disclose personal information when it is required to identify, apprehend or take legal action against any individual who may cause a prejudice or infringe (whether intentionally or not) the rights or the property of the Website, other Website users or any other individual who may be penalized by such activities.
Cookies and other web trackers
A cookie is a small computer programme that represents a block of digital data sent to your browser by a Web server and stored on the hard drive of your computer, tablet or telephone (hereafter referred to as the "Hardware").
In the present section, the term "cookies" refers to any technology described in Article 32-II of the Law of 6 January 1978, as amended.
Certain cookies may contain personal information that identifies you as a physical user and/or your Hardware. They allow the Website to identify parts of our activity that interest you and therefore to provide you with content that may correspond to your centres of interest. In this regard, we inform you that the conservation period for the information recorded by cookies in your Hardware may not exceed 13 months.
Third party cookies may also be saved on your Hardware and are intended to personalize and/or improve content, including advertising, that may be used when you browse. Depending on the media, a number of third party cookies may be stored, in particular:
Social network cookies may be installed on your Hardware when you view one of our media in which content from social networks is published. We invite you to read the management policy for these social network cookies on the relevant social network websites.
Flash® cookies are files stored by the Flash® software installed to view dynamic objects such as graphic animations or videos. Flash® cookies may be installed as soon as the Flash® application is used. We invite you to read the management policy for these Flash® cookies on the website of this software's publication company.
Profiling cookies, defined by a third party such as an advertiser, may be used to post advertisements that correspond best to you or target your centres of interest. For example, this may involve presenting advertisements for our products when you visit other Websites. They also limit the number of displays of an advertisement and help measure the effectiveness of an advertising campaign. These cookies also track your visits on different Websites.
Also, we may place our cookies on media that belong to third parties with whom we are partners and that post advertisements for our brands and/or products. These cookies are used mainly to present content that is suited to your centres of interest and to track the number of views of our content (including advertising).
Internet browsers are usually configured to accept cookies. You may of course oppose their presence and refuse or delete them. For this purpose, you may delete them from your Hardware by consulting the help page of the browser you use or oppose the saving of cookies by disabling this feature in your browser.
To change these parameters, go to the "Options" or "Preferences" menu of your browser. The following links for the browsers used most frequently today may be useful to find out more on these parameters. Otherwise, use your browser's "Help" option for more details.
Methods to disable cookies are indicated on the Commission Nationale de l'Informatique et des Liberté's ("CNIL") website under its heading related to "cookies and other trackers" at: http://www.cnil.fr
Remember that if you use different Hardware devices in different locations, you must ensure that each browser has been adjusted to reflect your cookie preferences.
You may change your choice regarding the acceptance or refusal of cookies at any time.
Please note that if you disable cookies, some of the Website content will be inaccessible and you may not have access to all of the Website's features.
As the internet is an open network, COSMAUVERGNE cannot guarantee that this information will not be misappropriated by third parties.
Hypertext links on the Website:
COSMAUVERGNE may place hypertext links on the Website to view other external websites managed by third parties. However, COSMAUVERGNE is not the publisher of these websites and therefore cannot control the content thereof. Therefore, COSMAUVERGNE provides no guarantee as to the information available on these other websites and accepts no responsibility regarding their content, products, services or advertisements or with regard to the potential collection and transmission of personal information, the installation of cookies or any other process for the same purpose performed by said websites. You are therefore solely responsible for the use of any link to any other website.
Hypertext links to the Website:
You may insert a hypertext link on your website to the COSMAUVERGNE Website.
However, the creation of hypertext links to the Website requires the express, written and prior authorization of COSMAUVERGNE. The absence of a reply from COSMAUVERGNE may in no way be interpreted as its authorization.
Any request for authorization must be sent using the contact form.
In no case will authorization be granted to a website that displays information and/or content that is, without limitation, illicit or illegal and/or political, confrontational, religious, phonographic or xenophobic, it being understood that such content and/or information is illegal in any event.
The authorization to insert a hypertext link in no way authorizes:
the reproduction of one or more of the Website's elements,
nor the presentation on your website of one or more of the Website's elements in the form of a frame (a technique that consists in dividing a web page into a number of small windows in which a document may be posted in html or another format) and/or similar systems.
COSMAUVERGNE reserves the right to refuse the insertion of a hypertext link on your website and is not required to justify this decision. It also reserves the right to take action against any individual or entity that inserts a hypertext link to the Website without its prior express authorization.
Content spaces on the Website:
The Website makes available to internet users forums in which contact can be made with or questions can be sent to:
All of the messages posted on these forums express the ideas of their respective authors (hereafter the "Users"). However, as the Website is responsible for the content of these spaces, the Website managers may therefore delete or simply not respond to messages that may be reprehensible, illegal or non-compliant with the present General Terms and Conditions of Use.
Therefore, Users guarantee they will not transmit content that:
is disguised advertising;
is misleading or inaccurate;
may constitute an infringement of literary, artistic, brand, industrial or other third party property rights, such as image rights and privacy rights;
is injurious, defamatory, calumnious, racist, xenophobic, revisionist or prejudicial to the honour or reputation of others; encourages discrimination, hatred of an individual or group of individuals due to their origin or ethnicity, a nation, a race or a given religion;
threatens an individual or group of individuals;
jeopardizes public order; may be subject to civil or criminal legal action or is defamatory; is anti-constitutional, extremist or expressed by groups banned by law; incites an offence, a crime, suicide and terrorism or defends crimes, acts of terrorism, war crimes or crimes against humanity; is pornographic, contrary to public morals or infringes the dignity of individuals;
allows third parties to directly or indirectly acquire pirated software, software serial numbers, software that allows for piracy and intrusion into information and telecommunication systems and, in general, any software or other tool that infringes the rights of others and the safety of individuals and assets;
includes viruses or any other application that may disrupt or damage the software, IT hardware and computers of the Website or its users;
constitutes chain letters.
Users undertake to comply with the Website's image and reputation and not to make declarations and/or engage in any action that may cause a prejudice to the Website.
In the event of a breach of the laws in effect, public morals or the present general terms and conditions of use or for any other reason that may be freely interpreted, the Website reserves the right to close its forums for a limited period or definitively and to delete the information and referrals to said information.
The Website reserves the right to publish or refuse to publish at its discretion your opinions or websites in its forums, to modify them, adapt them or translate them into any language in any form and on any media, to keep them online or delete them at any time, with no obligation to inform you thereof.
The Website's forums are moderated a posteriori by COSMAUVERGNE.
The moderator's role is not to censor but to ensure that the content on the Website remains courteous and respectful, and, more importantly, complies with the laws in effect. Moderators may therefore immediately delete messages that:
Are insulting or defamatory,
Constitute advertising or are promotional,
Are racist or homophobic,
Include addresses or telephone numbers,
Are unintelligible, off topic or posted in a number of discussions at the same time.
This list is not exhaustive. COSMAUVERGNE reserves the right to delete messages that do not fall within one of these categories.
COSMAUVERGNE may take the initiative, without prior notice, to fully or partially delete any content posted in forums if this content may breach the laws and regulations in effect or contravene public morals.
The conditions under which a User is barred vary from case to case (seriousness of the comments, frequency of the disruption, profile, etc.).
Internet users who openly defend crimes against humanity, incite racial hatred or violence, infringe human dignity, engage in child pornography or repeatedly post advertising in discussion forums are automatically barred and their messages are erased without notice.
However, COSMAUVERGNE generally endeavours to warn the relevant internet users before any sanction is applied.
Forum Users who may be startled, surprised or shocked by certain messages in the forums may send an email to the following address:
Users acknowledge the fact that COSMAUVERGNE assumes responsibility only as a technical service provider, as defined in Article 6 of the "Law for Confidence in the Digital Economy (LCEN)", for the content produced by Users in the framework of forums, and, as such, that:
COSMAUVERGNE declines all liability for the quality and legal conformity of the content of any nature (texts, sounds, videos, graphics, photos or other content) freely produced by Users,
COSMAUVERGNE may, in accordance with its legal obligations, delete said content once a third party has provided notice of the illegal nature of the relevant content,
COSMAUVERGNE communicates the elements that allow for identification of Users who contributed to this content in accordance with its legal obligations and at the formal request of judicial authorities.
Recommendations to Users
When forum users make medical and/or scientific statements on the forums, they must be verified first and be a priori truthful and accurate. Each User is therefore invited to indicate, if possible, the sources and proof (references, links, a scientific article, medical or general press, etc.) of the medical and/or scientific information posted if it does not result from his/her personal experience when the statements made by the User are unambiguous in terms of the origin thereof.
COSMAUVERGNE reminds Users that any message may be read and used by anyone and repeated and quoted in other messages once the message has been published.
Forum discussions are archived.
Users are solely responsible for the information, messages, images and, in general, any content they post in forums.
In the event of repeated misuse, COSMAUVERGNE reserves the right to take action and will make the Internet Protocol (IP) addresses of the relevant Users available to the courts.
If any of the terms of the present General Terms and Conditions of Use is no longer valid or if these General Terms and Conditions of Use are deficient, the term in question will be replaced by a term that is as close as possible to the former one from the perspective of a legal interpretation thereof.
If you are not satisfied with all or part of the Website or its forum or if you disagree with the present general terms and conditions of use, your only recourse is to cease using the Website.
Your navigation on the Website or general use of the Website necessarily implies that you have read the present general terms and conditions of use and wholeheartedly accept them. You also undertake, when you access and use the Website, not to breach current laws, regulations, practices and the legitimate interests of third parties and COSMAUVERGNE.
If COSMAUVERGNE has good reason to believe that a User has not complied with one of the terms set out above, COSMAUVERGNE reserves the right to suspend or bar this User's access to the Website with no prior notice. COSMAUVERGNE may in no way be held liable for the exercise or non-exercise of this right to suspend or bar access to the Website.
For any question related to the present general terms and conditions of use or a question or comment on the Website or its forum, please contact us by using the contact form.
Applicable law and jurisdiction
The present general terms and conditions of use are governed by French law. In the absence of an amicable settlement, the Courts of Clermont-ferrand have sole jurisdiction to settle any dispute related to non-compliance with the present General Terms and Conditions of Use.