GENERAL TERMS OF USE

The purpose of these general conditions of use (hereinafter "GCU") is to define the terms and conditions of access and use of the Site and Account – as defined below, made available by SAKURA SPORT, a limited liability company, registered in the Trade and Companies Register of ORLEANS under number B 901 988 022, whose registered office is located at 8 rue de Concressault, 45360 CERNOY EN BERRY (hereinafter «SAKURA SPORT»), as well as the rights and obligations of any legally capable natural person, consumer or professional, within the meaning of French law, accessing, visiting and/or using the Site, regardless of the network or the means used (hereinafter the «User»).

1. Purpose of the site

The website www.sakurasport.com (hereinafter the "Site") is a merchant site whose purpose is to offer for sale blinds, shutters and spare parts (hereinafter the "Products") and to allow Users to create an account (hereinafter the "Account") and purchase the Products.

The Site is accessible free of charge to anyone with internet access. All costs related to access to the Site and its contents, as well as their use, whether hardware, software or internet access costs are exclusively borne by the User. The User is solely responsible for the proper functioning of his computer equipment and access to the internet.

2. Acceptance of the Terms

Access to and use of the Site and/or Account are subject to acceptance and compliance with these GTU by the User, regardless of the purpose of his visit. By visiting the Site, using it and/or creating an Account, the User shall be deemed to have read these GTU, fully understood them and fully accept all the provisions thereof without restriction or reservation. If the User does not agree with the GTU, he must stop using the Site.

SAKURA SPORT reserves the right to modify and update the GTU at any time and without notice. To be informed of any changes, the User must refer before any use of the Site to the latest version of the GTU accessible at any time on the Site. The use of the Site and/or the Account will be subject to the GTU in force at the time of such use.

In the event that one of the clauses of the GTU is null due to a change of legislation or regulation or declared as such by a final court decision, this cannot in any case affect the validity and compliance with the other clauses of the GTU.

3. Creation and use of the Account

The User, whether professional or consumer, who wishes to buy Products must create an account to allow him to fill in his delivery information, pay the order, follow the order and any returns (hereinafter the «Account»). To create an Account, the User must have a valid email address.

The User can create an account from the home page of the Site by clicking on the corresponding tab. If the User is a professional he must apply for a professional account, and if the user is a consumer, he creates his account directly by clicking on «create an account for individual online».

The User undertakes to provide and maintain the information concerning him accurate, up to date and complete. The User may at any time complete and/ or modify the personal information concerning him from his Account.

Login credentials (username and password) are personal. The Account password is also strictly confidential. The User undertakes to keep it secret and not to disclose it, for any reason whatsoever, in any way and in any form whatsoever, to third parties. In case of theft or forgetfulness of his password, the User will click on the tab «Forgotten password?» located under the login form. The User will receive an email with a new password.

Under no circumstances shall SAKURA SPORT be liable for the loss or theft of the Account identification elements or their fraudulent use. The User is solely responsible for the use of his Account by third parties and actions or statements made through it.

4. Availability of the site

The Site, the Account and their contents are, without guarantee, accessible 24 hours a day, 7 days a week, subject to the occurrence of a case of force majeure or an event beyond the control of SAKURA SPORT and unless interrupted, suspension or limitation in connection with maintenance and/or updating operations necessary for the proper functioning of the Site or for any other reason, including technical.

SAKURA SPORT is only bound to an obligation of means concerning the accessibility, operation and/ or availability of the Site and its contents. SAKURA SPORT reserves the right to interrupt, suspend or limit access to all or part of the Site or its contents.

The User expressly acknowledges that the aforementioned interruptions, suspensions or limitations may occur at any time, without prior notice, and that they will not entitle him to any obligation or compensation.

5. Guarantees and Responsibilities

SAKURA SPORT makes its best efforts to keep the Site up to date and disseminate accurate and reliable information. However, despite all the care and attention given to the writing of content and information, SAKURA SPORT cannot guarantee the integrity, accuracy, completeness, timeliness or other quality of the information published on the Site.

The information published on the Site is provided by SAKURA SPORT strictly and exclusively informative and indicative, they have no vocation to provide, in any way, advice or recommendations and cannot be interpreted as such.

The User is the sole master of the proper use, with discernment and spirit, of the Site. No advice and no information, whether oral or written, obtained by the User during the use of the Site are likely to create guarantees not expressly provided for in the GTU or to result in the liability of SAKURA SPORT in case of damage, of any kind, caused to the User or to third parties as a result of the misuse by the User of the Site and/or the Account that he will create through the Site, in violation of the provisions of this article and more generally of non-compliance with the GTU.

The User is informed that access to the Site implies knowledge and acceptance of the characteristics and limitations of the internet, in particular with regard to technical performance, response times to consult, query or transfer information, the risks of interruption, and more generally, the risks inherent in any connection and transmission over the Internet, the lack of protection of certain data against possible diversions and the risks of contamination by possible viruses circulating on the network. It is therefore up to the User to take all appropriate measures to protect his own data and/ or software stored on his computer equipment, as well as the information he communicates to SAKURA SPORT on the Site, against any breach. The Site is made available «as is» and subject to its availability, without any guarantee of any kind, implicit or explicit, from SAKURA SPORT. Without limitation of the above, SAKURA SPORT does not give any guarantee of non-violation of the rights of a third party, of the suitability of the Site or its contents for a particular use or of the suitability of the Site for the needs of the User, does not warrant that they are free from anomalies, errors or bugs or that they will operate without failure or interruption.

To the fullest extent permitted by applicable law, SAKURA SPORT expressly excludes its liability for any damage, direct or indirect, resulting from or in connection with access to the Site or any of its content, their use, malfunction or unavailability whatever the nature and duration.

6. Hypertext links

The Site may contain hyperlinks to third party websites. SAKURA SPORT has no control over the content of third-party websites referenced by hypertext links. These websites are published by third party companies independent of SAKURA SPORT. SAKURA SPORT cannot therefore assume any responsibility for the content, advertisements, services or any other information or data, available on or from these sites. Consequently, the User acknowledges being solely responsible for the access and use of these sites. SAKURA SPORT cannot be held liable for any damage or loss proven or alleged to be consequential or in connection with the use or reliance on the content, goods or services available on these sites. The User is not authorized to create hypertext links to the Site. The creation of links to the Site is only possible after prior and express agreement of SAKURA SPORT.

7. Intellectual property

The Site, including its general structure, its contents and the databases it contains, the trademarks, logos, names and other distinctive signs used on the Site, are protected by intellectual property rights (in particular copyright, trademark, patent, design, database producer, domain name and any other existing or future intellectual or industrial property rights, French and international) and belong to SAKURA SPORT or to third parties who have authorized SAKURA SPORT to exploit them.

SAKURA SPORT does not assign or grant any right to the Site and its contents to the User, except for a personal right of access, free and non-exclusive, limited exclusively to the consultation of the Site, the placing of orders, the creation and the use of the Account.

It is strictly forbidden to represent, reproduce, extract, reuse and/or exploit the Site or one or more of its contents, totally or partially, in any form and by any means whatsoever, without the prior written consent of SAKURA SPORT.

Violation of the foregoing provisions would expose the violator and any person liable to criminal and civil sanctions provided by law, including damages for infringement of intellectual property rights.

8. Duration

The GTU come into force from their acceptance by the User and for the entire duration of access and use of the Site by the User.

Any use of the Account by the User that does not comply with the GTU, and more generally in case of violation of applicable laws and regulations, SAKURA SPORT may suspend or terminate as of right, without prior notice, without notice or compensation, all or part of the User’s access to his Account. SAKURA SPORT may impose this suspension or termination without prejudice to all other rights, actions and remedies that it may have at its disposal for the compensation of the damage that it may have suffered as a result of these breaches.

At the end of the GTU for any reason whatsoever, the Account will be deactivated immediately.

9. Applicable law and jurisdiction

The GTU will be executed and interpreted in accordance with French law.

The parties declare their intention to seek an amicable solution to any difficulty that may arise regarding the validity, interpretation or execution of the GTU. Within the limits permitted by law, in case of persistent disagreement, the dispute will be submitted to the competent courts.

Notwithstanding the foregoing, the individual User using the Site and its Account as a consumer, as defined by law and case law, benefits in any event, in accordance with Articles L. 612-1 et seq. of the Consumer Code, the right to use a consumer mediator free of charge for the amicable resolution of the dispute between him and SAKURA SPORT. The referral of the mediator must be made within the maximum period of one (1) year from the date of the written complaint sent by registered mail with acknowledgement of receipt to SAKURA SPORT. The referral is made by simple mail or directly on the ombudsman’s website.

10. Contact

For any information concerning the Site or the GTU, the User is invited to contact SAKURA SPORT by email at the following address: contact@sakurasport.com or by mail at the address indicated at the top of the GTU.