1/ Purpose
The purpose of these TCS is to define the terms and conditions of use of the website www.promotal.com, hereinafter referred to as the site, in which on the one hand, the company PROMOTAL, hereinafter referred to as the PUBLISHER, makes the site available to its users, hereinafter referred to as the USER, and the services available on the SITE, and on the other hand, the manner by which the USER accesses the SITE and uses its services. Any connection to the site is subject to respecting these terms and conditions. Merely accessing the PUBLISHER’s site at the following URL address: https://www.promotal.com involves acceptance of all the conditions described below. The PUBLISHER reserves the right to amend these terms and conditions of use at any time and without notice, in particular in order to adapt to changes to the SITE and/or its operation. The PUBLISHER reserves the right, where appropriate, to establish special conditions relating to a service.
2/ Hypertext links
The SITE may contain hypertext links to other sites (including partners) present online. Links to these other resources make you leave the site. The PUBLISHER cannot be held responsible for the content of these sites, nor for the poor functioning thereof. By agreeing to use a hypertext link to access the SITE or an external site, the USER agrees to take the related risks and to suffer any direct or indirect harm. The USER is solely responsible for any transaction carried out with third party sites. It is possible to create a link to the presentation page of this site without the PUBLISHER’s express permission. No authorisation or prior request for information can be required by the PUBLISHER with respect to a site that wishes to establish a link to the PUBLISHER’s site. However, this site should be viewed in a new browser window. However, the PUBLISHER reserves the right to request the removal of a link that it considers not to comply with the purpose of the site www.promotal.com.
3/ Access to the SITE and content
This site proposes the consultation of web pages relating to products and services offered by the PUBLISHER. The PUBLISHER strives to allow access to the site 24 hours a day, 7 days a week, except in cases of force majeure or an event beyond the PUBLISHER’s control, and subject any breakdowns and maintenance necessary for the proper functioning of the SITE and the services. Therefore, the PUBLISHER cannot guarantee the availability of the SITE and/or services, reliability of transmissions and performance in terms of response time or quality. There is no provision for technical support in relation to the USER whether by electronic means or by telephone. The PUBLISHER is not liable if it is impossible to access this SITE and/or use the services. In addition, the PUBLISHER may have to temporarily or permanently interrupt the SITE or a part of the services at any time without notice or justification, without any right to compensation. The USER recognises and accepts that the PUBLISHER is not responsible for any modifications, downtime, and any consequences that may arise for the USER or any third party.
4/ Configurator
The PUBLISHER makes a product configuration tool available to users, hereinafter referred to as the CONFIGURATOR. The CONFIGURATOR allows the USER to customise a selection as defined by the PUBLISHER of products and/or services. The visuals and/or texts are proposed for indicative purposes, and are likely to contain inaccuracies and typographical errors; they do not fall under the contractual framework. The PUBLISHER reserves the right to correct them, as soon as these errors are brought to its knowledge. However, the PUBLISHER cannot be held liable for this. Checking the accuracy of the information and/or visuals made available on the CONFIGURATOR is highly recommended.
5/ Data Protection Act
The PUBLISHER proposes storing the USER’s personal data by means of the contact form. The information collected will only be used by the PUBLISHER, except as otherwise indicated on the form. This information will allow the processing of the services offered on the site (e.g. order, ASS, request for information, etc.) and the conducting of marketing studies. This site is declared to the French Data Protection Authority (CNIL) under number 1752169v0 and respects the provisions of Act 78-17 of 6 January 1978 relating to computing, files and freedoms. In application of Act 78-17 of 6 January 1978 (Data Protection Act), you have the right to object (Art. 26 of the Act), access (Art. 34 to 38 of the Act) and correct (Art. 36 of the Act) the data concerning you with the PUBLISHER, responsible for processing, the company PROMOTAL, 22 Rue de Saint Denis de Gastines – 53500 ERNEE (FRANCE).
6/ Cookies
The term cookies should be taken in the broad sense and covers all the trackers deposited and/or read for example, when visiting a website, reading an email, the installation or use of software or a mobile application. This term applies regardless of the type of terminal used and concerns for example, trackers, deposited on computers, smartphones, digital tablets and video game consoles connected to the Internet. The PUBLISHER uses these cookies for the sole purpose of quantitative and qualitative analyses related to the use of the SITE. No personal identifiable information will be stored directly through cookies by the PUBLISHER. The Customer may object to the placement of cookies by configuring their browser to that effect, at the risk of seeing their disturbed browsing.
7/ Rules for use of the Internet/Warning to users
The USER declares accepting the characteristics and limitations of the Internet, and in particular recognises that: The PUBLISHER does not assume any liability in respect of the services accessible online and exercises no control of whatsoever over the nature and characteristics of the data which could be channelled through the intermediary of its server centre. The USER acknowledges that data circulating online are not protected in particular against hacking. The presence of the trademarks and logos ""PROMOTAL"" establishes a simple presumption of validity. The communication of any information deemed by the USER to be of a personal or confidential nature is done so at their own risk and peril. The USER acknowledges that data circulating online can be regulated in terms of use or be protected by a right of ownership. The USER is solely responsible for using the data that it consults, queries and transfers online. The USER recognises that the PUBLISHER has no means of control over the content of the services accessible online.
8/ Limitation of the PUBLISHER’s liability
The information and/or documents contained on this site and/or accessible through this site come from sources considered reliable. However, this information and/or documents are likely to contain technical inaccuracies and typographical errors. The PUBLISHER reserves the right to correct them, as soon as these errors are brought to its knowledge. However, the PUBLISHER cannot be held liable for this. Checking the accuracy of the information and/or documents made available on this site is highly recommended. The information and/or documents available on this site are likely to be amended at any time, and may have been the subject of updates. In particular, they may have been the subject of an update between the time of their download and when the USER becomes aware of them. The use of the information and/or documents available on this site is done so under the USER’s sole and entire responsibility, who assumes any consequences which may arise, without the PUBLISHER being liable, and without recourse against the latter. The PUBLISHER may in no case be held liable for any damage of any nature resulting from the interpretation or use of the information and/or documents available on this site. Generally, the PUBLISHER of the SITE shall not be held liable for any damage whatsoever from connecting to this site.
9/ Intellectual property
The general structure of the site promotal.fr, as well as the texts, databases, devices, programs or software associated with the services, graphics, images, sounds, and videos it comprises, and allowing access to the services made available by the PUBLISHER, are the exclusive property of the PUBLISHER. Any representation and/or reproduction and/or partial or total use of the content and services offered by the site promotal.fr, by any process whatsoever, without the express prior and written authorisation of the PUBLISHER is strictly prohibited. The PUBLISHER’s exclusive registered trademarks, logos, company names, acronyms, trade names, signs and domain names, mentioned on this website, constitute distinctive signs which cannot be used without the prior express and written authorisation of their holder. To complain about the content of this site, please write to the following address: PROMOTAL, 22 Rue de Saint Denis de Gastines – 53500 ERNEE (FRANCE).
10/ Applicable law/Assignment of jurisdiction
Both this site and the terms and conditions of its use are governed by French law and the French language, regardless of the place of use. In the case of any dispute, and after the failure of any attempt to search for an amicable solution, THE FRENCH COURTS WILL BE SOLELY COMPETENT TO HEAR THIS DISPUTE. For any questions relating to these terms and conditions of use of the SITE, please write to the following address: PROMOTAL, 22 Rue de Saint-Denis-de-Gastines, 53500 ERNEE (FRANCE).
