Legal notices
BFL INTERNATIONAL’s e-commerce website can be accessed at the following address: www.bfl-international.com (hereinafter referred to as “the Website”).
Users are all Internet users who browse, read, view and use the Website (hereinafter referred to as “Users”).
Connection, use and access to this Website imply full and unreserved acceptance by the User of all the provisions of this Legal Notice and General Terms and Conditions of Use (hereinafter referred to as the “GTCs”).
As these GTCs may be modified at any time, Customers are invited to consult them regularly and, at the very least, each time they use the Website.
ARTICLE 1 – LEGAL INFORMATION
This Website, which can be accessed at the above-mentioned web address, is published by BFL INTERNATIONAL, a simplified joint-stock company with a capital of €10,000 (ten thousand Euros), whose registered office is located at 8 boulevard de l’épervière 49000 ECOUFLANT, FRANCE, registered with the ANGERS Trade and Companies Register under the number 882 097 322 (hereinafter referred to as the “Publisher” or the “Company”).
The publishing director is: Mr. Olivier Baylé, as the Managing Director of BFL INTERNATIONAL. He can be contacted by e-mail at contact@bfl-international.com or by telephone on + 33 (0) 259 100 366.
The Website is hosted by OVH, a simplified joint-stock company with a capital of €10,069,020, registered with the Lille Trade and Companies Register under the number 424 761 419 00045 and with the intra-community VAT number FR 22 424 761 419, whose registered office is located at 2 rue Kellermann – 59100 Roubaix – France, tel: 09.72.10.10.07, e-mail address: contact@ovh.com (hereinafter the “Web Host”).
ARTICLE 2 – ACCESS
The Website can be accessed by Users via the Internet, without interruption, except in cases of force majeure (events beyond the control of the Publisher and/or the Web Host), or of any malfunction or maintenance work necessary to ensure the proper functioning of the Service. More specifically, it is specified that the Website is optimised for responsive display. It is designed for use with the Mozilla Firefox browser and is compatible with Internet Explorer. All PDF files available on the Website require Adobe Acrobat Reader©, which is available free of charge from the following website: http://www.adobe.com/.
The inability to access the Website shall not give rise to any compensation on the part of the User.
ARTICLE 3 – WEBSITE CONTENT
3.1. All Company trademarks that may appear on the Website are registered trademarks. Any total or partial reproduction of these trademarks without the express permission of the Company is prohibited.
The Company owns the rights of use to all content of any kind (structure, text, images, visual databases, etc.) used or appearing on the Website.
Access to the Website does not imply the transfer of any rights whatsoever to the User.
Any total or partial representation of the Website and its content, as well as any attempt to disassemble, decompile, decrypt, extract, reuse or copy these elements and, more generally, any act of reproduction, representation, distribution or use of these elements, in whole or in part, without the express prior authorisation of the Publisher, is strictly prohibited and may result in legal action.
3.2. The Publisher makes every effort to ensure that the information on this Website is reliable and up to date. However, despite its best efforts, errors and omissions may occur. It will do its utmost to correct any errors that are brought to its attention. The information contained in this Website is intended to provide general guidance on the subjects covered; it does not constitute personalised advice of any kind, whether organisational, marketing, legal, tax, etc., which would require the study and analysis of specific cases by a professional in the field, and should not be used without prior advice from the professionals concerned. Under no circumstances can the Publisher be held responsible for the use and interpretation of the information contained on this Website.
ARTICLE 4 – USER LICENCE
By connecting to the Website, the User accepts a licence to use the Website, which includes only the right to consult the Website and its contents. This licence is non-exclusive and non-transferable. The right to use the Website is granted for private use only.
ARTICLE 5 – HYPERLINKS
The publisher is completely free to provide, not to provide, or to remove a link to a particular website at any time. Under no circumstances shall the link be considered exhaustive. This Website contains hyperlinks to other websites, the existence of which was established by the Publisher at the time of creating the link and which have been subject to a cursory check. These hyperlinks have been classified according to their content and, where available, the information provided by their publishers. The Publisher has no control over the sites to which it provides links, which remain the sole responsibility of their respective publishers. Under no circumstances does the Publisher guarantee the content of these websites, and in particular the accuracy of the information they contain. Furthermore, it has no control over the presence of computer viruses on the linked websites and therefore cannot guarantee that these websites are free of such viruses. The decision to access a particular website is entirely at the discretion of the Internet user. All risks associated with the use of these websites are therefore assumed by the User. Given the evolving nature of the Internet, it is possible that the content of a website to which the Publisher has provided a link may have changed, that its address may have changed or that it may no longer exist. The Publisher is responsible for periodically checking that the links are still active, but is not required to carry out any other checks. Any website wishing to prohibit or restrict the use of hypertext links may ask the Publisher to remove some or all of the links it has created by sending an e-mail to contact@groupe-echo.fr.
ARTICLE 6 – THE USER’S OBLIGATIONS
Without prejudice to the other obligations set out herein, the User undertakes to comply with all applicable laws and regulations, not to violate the rights of Third Parties or public order and not to publish or share any hateful, racist, derogatory or defamatory content.
ARTICLE 7 – COOKIE POLICY
Users are advised that cookies will be placed on their device when they visit the Website.
The User is free to accept or refuse the use of cookies, either globally for the entire Website and its Services, or individually for each Service. Users can choose to disable cookies or set their browser to notify them when cookies are about to be sent. However, if cookies are disabled, the User is advised that he/she may not be able to use all the features of the Website.
Three types of cookies are used by the Website:
- Internal cookies, which are necessary for the proper functioning of the Website
- Audience measurement cookies
- Third-party cookies, which are used to improve the interactive aspects of the Website
It is specified that the information stored in your device or any other element used to identify you for audience statistics purposes will not be retained beyond a period of thirteen (13) months. After this period, the raw traffic data associated with an identifier will either be deleted or rendered anonymous.
Users have the right to withdraw their consent to the use of cookies at any time.
ARTICLE 8 – PERSONAL DATA
During the negotiation, conclusion and execution of an Order and the provision of Services, the Company may collect and process personal data relating to the User and, in the case of a Professional User, its employees and directors. The personal data that may be collected and processed includes surname, first name, contact details (email and telephone numbers, postal address) and job title/position.
When processing such data, the Company undertakes to comply with the applicable legislation, in particular the European General Data Protection Regulation 2016/679 (known as the GDPR) and the French Data Protection Act of 6 January 1978 in force. More specifically, the Company undertakes to use them solely for the purpose of providing the Services ordered/requested and to enable it to fulfil and comply with its legal and regulatory obligations. Any processing carried out by the Company is limited to the collection, recording, modification, organisation, storage, extraction, consultation, backup and hosting of data. The Company will not transfer data outside the European Union. The Company declares that it has taken appropriate technical and organisational measures to ensure the security and integrity of the personal data concerned.
The User acknowledges that the Company may communicate some of his/her/its data to Third Parties, such as (i) professional partners involved in the provision of the services ordered, such as carriers, and (ii) service providers responsible, in particular, for the hosting and maintenance of the Company’s IT systems. The Company will only process the data for the time strictly necessary for the purposes for which the data is to be used. The data will also be kept in temporary archives for a maximum of 10 years from the date of completion of the Services provided. This is to enable Seller to keep proof of the Services provided for the duration of any liability period or legal guarantee.
Any person whose data is collected shall have the right to access, rectify, delete and oppose the collection and processing of their data, which may be exercised by any means by sending a request to the Company (see contact details in the Preamble). Users may also lodge a complaint with the CNIL (Commission Nationale Informatique et Liberté – French Data Protection Authority) in writing (3 Place de Fontenoy – TSA 80715 – 75334 PARIS CEDEX, FRANCE) or online (https://www.cnil.fr/fr/plaintes).
ARTICLE 9 – LIMITATIONS OF PUBLISHER LIABILITY
The Publisher may not be held liable for any direct or indirect damage caused to the User’s equipment when accessing the Website, either as a result of the use of the equipment or as a result of the occurrence of an error or incompatibility.
The Publisher shall not be liable for any indirect damages (e.g. loss of market or opportunity) resulting from the use of the Website.
The Publisher reserves the right to delete, without prior notice, any content posted on the Community Forums or similar pages that violates French law, and in particular the provisions relating to the protection of personal data.
The presence of hyperlinks on the Website, whether or not the prior consent of the Publisher has been obtained, does not imply any joint liability between the Publisher and the owners of the other websites with regard to the content of the websites to which the Internet User is redirected.
The Publisher cannot guarantee the completeness and accuracy of the information on the Website. Similarly, it cannot guarantee that the Website will not be modified by a Third Party (e.g. hacking or viruses).
Furthermore, the User is solely responsible for the way in which he/she uses the content of the Website.
The Publisher informs all Users of the Website that they may send a complaint or objection regarding illegal elements or content placed on the Website to the following e-mail address: contact@bfl-international.com.
If the User considers that any element or content published on the Website is unlawful and/or infringes any copyright held by the User, the User must immediately notify the Publisher by registered letter with acknowledgement of receipt, addressed to 8 boulevard de l’épervière, 49000 ECOUFLANT, FRANCE, together with any evidence of ownership of such rights, if applicable.
Once this procedure has been followed and the accuracy of the report has been verified, the Publisher will make all reasonable efforts to remove the unlawful/illegal content as quickly as possible.
ARTICLE 10 – ACCOUNT DELETION
In the event of non-compliance with the obligations defined herein, the Company reserves the right to delete the User’s account, to prevent the User from creating a professional account and to take any action and/or recourse to put an end to any infringement of its rights and to obtain compensation for any damages suffered.
ARTICLE 11 – CONTACT
To report any illegal content or activity, the User may contact the Company at the following e-mail address: contact@bfl-international.com or by registered letter with acknowledgement of receipt addressed to BFL INTERNATIONAL, 8 boulevard de l’épervière 49000 ECOUFLANT, FRANCE.
ARTICLE 12 – APPLICABLE LAW AND JURISDICTION
12.1. These general terms and conditions of sale are governed by French law.
These GTCs are written in French and may be translated by BFL INTERNATIONAL into any other language, the French version prevailing in all circumstances in the event of contradiction between two versions or in the event of difficulties of interpretation.
12.2. Jurisdiction clause applicable to disputes with a Professional User.
In the event of a dispute between the Parties as to the validity, interpretation, performance or termination of these General Terms and Conditions, the Parties shall attempt to resolve their dispute amicably.
Should the Parties fail to settle the dispute amicably within thirty (30) days of one of the Parties sending a registered letter with acknowledgement of receipt setting out the alleged grievances, THE DISPUTE WILL BE SUBMITTED TO THE COMMERCIAL COURT OF ANGERS or, in the sole event that the subject of the dispute cannot be submitted to this court, to the competent court within the jurisdiction of the Court of Appeal of ANGERS, including in summary proceedings or in the case of multiple defendants.
In order to be admissible, any action brought by the Professional User on the basis of these General Terms and Conditions must be brought before the competent courts within a maximum period of one (1) year, in accordance with Article 2254, paragraph 1 of the French Civil Code.
12.3. Jurisdiction clause applicable to disputes with a Private User (Consumer)
Any disputes that may arise from these General Terms and Conditions, with regard to their validity, interpretation, execution, termination, consequences and effects, and which cannot be resolved amicably within thirty (30) days after one of the Parties has sent a registered letter with acknowledgement of receipt setting out the alleged grievances, shall be submitted to the competent courts under the conditions of common law.
Private Buyers are hereby informed that, in the event of a dispute, they may, in any event, seek conventional mediation, in particular with the Consumer Mediation Commission (Commission de la médiation de la consommation), in accordance with the provisions of Article L. 612-1 of the French Consumer Code, or with the existing sectoral mediation bodies, or to any other alternative dispute resolution method (e.g. arbitration).
Published on January 23, 2024