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Terms of Use and conditions

 

1. PURPOSE - SCOPE

1.1. General principles

The purpose of this document (hereinafter the "General Terms and Conditions of Use") is to define the terms and conditions according to which:
  • DANIVAL, as identified in the Legal Notice appearing on the website, makes the website available for its users at www.danival.fr (hereinafter the "Website") and the services available to users on the Website,
  • users access the Website and use its services.
“User” refers to any natural person who visits, views consults or uses the services available on the Website for personal use.

1.2. Objectives of the Website

The Website is exclusively intended for information and presentation purposes to allow users to:
  • discover or learn more about DANIVAL, its news, its products and its latest new releases,
  • find information about DANIVAL, DANIVAL's corporate commitments in relation to organic agriculture, and the labels that DANIVAL benefits,
  • discover or share recipes made with DANIVAL products,
  • discover ideas for meals composed exclusively of DANIVAL products,
  • share DANIVAL products descriptions, articles or news about DANIVAL on social networks (Facebook, Twitter and Google+),
  • learn more about DANIVAL's suppliers,
  • give opinions on DANIVAL products,
  • take part in satisfaction surveys,
  • identify and locate distributors of DANIVAL products in France and the UK,
  • discover other websites, blogs or videos identified by DANIVAL as corresponding to its philosophy,
  • receive and/or download discount vouchers and benefit from promotions,
  • participate at games offering a chance to win discount vouchers, subject to specific rules.

1.3. Acceptance of the Terms and Conditions of Use


Viewing the Website implies full and unconditional acceptance by the user of the General Terms and Conditions of Use.
It is therefore the responsibility of any user who wishes to consult the Website and/or use the services offered to read these General Terms and Conditions of Use.

1.4. Tolerance - modifications

The fact that DANIVAL does not invoke of any of the provisions of these General Terms and Conditions of Use and conditions at a given time may not be construed as waiving the right to invoke any of those terms at a later date.
 
DANIVAL reserves the right to amend the General Terms and Conditions of Use at any time. In this case, it shall inform the user by email or via a message posted on the Website.
 

2. OPENING OF A PERSONAL ACCOUNT

2.1. The user can consult the Website free of charge and without being obliged to register.

However, the user must create a personal account and log in in order to:
  • sign up for the DANIVAL newsletter,
  • participate in satisfaction surveys,
  • give his/her opinion on a DANIVAL product,
  • receive and/or download discount vouchers and benefit from promotions,
  • participate at games offering a chance to win discount vouchers, subject to prior acceptance of the specific rules of the competitions in question.

2.2. To create a personal account, the user must fill in the registration form provided for this purpose on the Website. Opening a user account involves entering four identification fields :

  • the user's last name
  • the first name,
  • an email address
  • and a password.
The user's identification information is personal and must be kept confidential. The user is responsible for the use of his/her identification information and undertakes not to disclose or transfer it to a third party. Any use of the user's personal account is deemed to be carried out by the user.
 
Users must inform DANIVAL immediately in writing of any use of their identification information carried out without their knowledge in order that DANIVAL may deactivate that account.
 
Users are responsible for providing accurate and complete information and ensuring it is updated in the event of any subsequent changes. In the event the user's information is not updated, DANIVAL may not be held liable for non-receipt by the user of any information or discount vouchers.
 
Following the registration process, DANIVAL shall send the user an email confirming his/her registration.
 
DANIVAL reserves the right to suspend access to the Website in the event of fraudulent use or attempted fraudulent use of the user's identifiers (password or access code). DANIVAL shall inform the user if access is suspended.
 

3. RESPONSIBILITY FOR ONLINE CONTENT

3.1 Online content published by Danival


The information published on the Website is provided in good faith and according to current knowledge. DANIVAL undertakes to the best of its ability to ensure that the information published on the Website is accurate and up to date and reserves the right to correct the content at any time without notice.
 
This information is provided for information only, without any explicit or implicit guaranty of of its validity, accuracy or comprehensiveness. The user consequently acknowledges that all use of this information is under his/her own liability.
 
Furthermore, DANIVAL is not liable for the content published by users of the Website.
 
DANIVAL reserves the right to delete information and data if it considers their content to be unlawful, in breach of applicable regulations or contrary to the spirit, objectives or image and values associated with the Website and/or likely to harm DANIVAL and/or third parties.
 

3.2. Online content published by the user


The Website allows the users to view information published by DANIVAL but also allows them to publish content, in particular comments, opinions, recipes, etc.
 
User who publishes content are liable towards DANIVAL and third parties for information and data they publish online and more generally any information and data transmitted to DANIVAL.
 
User must therefore take care of personal information and data they publish online (particularly names, address, photos, telephone number and email address). Users are also liable for the sincerity and truthfulness of the information they publish online.
 
User must also comply with the Website's objectives and purpose.
 
User undertakes not to publish words, information, photographs or other data which:
  • infringes any third party's intellectual property rights (such as copyright, trademarks, designs),
  • infringes any third party's privacy, image rights or reputation,
  • is contrary to public order, moral standards or could cause offence to minors (particularly pornography and paedophilia),
  • is denigrating, defamatory or insulting.
     
More generally, the user guarantees the lawful nature of the data and information he/she publishes online and undertakes not to use the Website to carry out any activity which is unlawful, illicit, contrary to public order and/or moral standards.
 
The user is also strictly prohibited from using the Website for advertising or promotional purposes.
 
It is stipulated that any violation or non-compliance with this article shall constitute a serious breach by the user authorising DANIVAL to delete the unlawful content and suspend or terminate the user's registration immediately and automatically, without compensation to the user and without prejudice to any damages payable by the user to DANIVAL in this respect.
 
In the event that DANIVAL's liability is invoked by a third party as a result of content published by a user, the said user must hold DANIVAL harmless for any penalties and compensation borne by DANIVAL, including court costs, legal fees and disbursements incurred by DANIVAL.

3.3. Notification of illicit content

Any user who notices content on the Website that is illicit or in breach of these General Terms and Conditions of Use (such as comments contrary to moral standards or harmful to a third party) may immediately inform DANIVAL by sending it a message to the following address:
infos@danival.fr
 
In the case of notification of content which is illicit or in breach of these General Terms and Conditions of Use, DANIVAL shall be entitled to immediately suspend or delete the said information and may also, where appropriate, terminate the registration of the user who published the content which is illicit or in breach of these General Terms and Conditions of Use, without prejudice to any damages payable by the user to DANIVAL in this respect.
 

4. ACCESSIBILITY OF THE WEBSITE

The Website is accessible 24 hours a day seven days a week, except in the event of force majeure, breakdowns or maintenance work required to ensure the proper functioning of the Website.
 
DANIVAL undertakes to do its utmost to provide users with access to the Website at all times. Nevertheless, it provides no guaranty concerning either the availability or accessibility of the Website or the absence of viruses.
 
DANIVAL shall not be held liable for any impossibility or temporary difficulties accessing the Website due to disruption to the telecommunication network, the user acknowledging that it is aware of the complexity of global networks and fluctuations in the number of internet users at peak times. The same applies for any hacking or infection by viruses which may occur, DANIVAL being unable to guarantee absolute protection of the Website.
 
Furthermore, DANIVAL shall not be held liable for temporary or permanent damage caused to the user's computer system or any loss or damage (particularly including, though not limited to, loss of data or profits) suffered by the user following:
  • access to or browsing of the Website,
  • use of the information contained on the Website.
     

5. INTELLECTUAL PROPERTY

Access to the Website is strictly reserved for private use and only allows the user to view the information appearing on the Website.
 
The entire Website as well as the site map, text, logos, photographs, downloadable documents and all constituent elements of the Website constitute a work protected by intellectual property law.

Any partial or complete use, reproduction or downloading in any format whatsoever of the Website or any of its data, text, images, photographs, illustrations or logos, without DANIVAL's prior written permission is strictly prohibited.
 
Any violation of this article may be subject to criminal and civil penalties, particularly in respect of counterfeiting and may result in the payment of damages.
 
DANVAL may also immediately terminate the user's registration, at its discretion.
 

6. HYPERLINKS

Clicking hyperlinks contained in the Website may direct the user to other websites.

DANIVAL does not accept any liability either for the functioning of the link or the content of the website to which the user may be directed. Users who choose to access third-party websites are subject to those websites' terms and conditions of use.
 

7. APPLICABLE LAW

These General Terms and Conditions of Use are governed by French law.

Consequently, unless contrary to French mandatory legal provisions, relations between the user and DANIVAL in respect of use of the site shall be governed by French law.
 

8. PERSONAL DATA


Personal data collected via the Website shall be collected and processed in accordance with the provisions of the French data protection law no. 78-17 of 6 January 1978.

The data controller is DANIVAL whose representative is Amandine RACHENNE – DANIVAL communication manager.

Personal data collected via the Website is intended for the exclusive use of DANIVAL. No personal data shall be sold or communicated to third parties.

However, DANIVAL may communicate this data if ordered to do so by the legal authorities.

The sole purpose of processing this data is:
  • to reinforce and personalise communications, in particular via prospecting actions and sending the newsletter or special offers,
  • to inform users about DANIVAL products or more generally about DANIVAL's news,
  • to process information requests made via the "Contact" form available on the Website.
In accordance with the above-mentioned law, users have the right to access, modify, rectify or remove their personal data at any time. They may exercise this right at any time by sending their request by one of the following means:
  • in writing to the following address: DANIVAL – Moulin d’Andiran, 47170 ANDIRAN,
  • by email: infos@danival.fr,
  • via the contact form available on the Website.
Users also have a right to object to collection of their personal data on legitimate grounds. However, information marked with an asterisk is required in order to process information requests or to receive information sent out by DANIVAL. Users' requests may not be processed if this information is not filled in completely and accurately.