Terms and Conditions of Use

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TERMS AND CONDITIONS OF USE - OCGF

OCGF Company (hereinafter the “Company”) is a simplified joint-stock company (SAS) with share capital of €750,000, whose registered office is located at 15 Impasse de la Petite Meilleraie - 44840 Les Sorinières – France, and registered with the Nantes Trade and Companies Register under the following Siret number: B 453 609 521.

OCGF Company’s purpose is the sale and marketing of hydraulic equipment and components.

1 - DEFINITIONS

“Terms and Conditions of Use” or “TCU”: refer to all provisions intended to define the terms and rules governing access to and use of the Site Services by the “User”.
“User”: refers to any legal entity or natural person who uses this Site.
“Services”: refer to the services implemented and accessible on the Site.
“Site”: refers to the public communication service published by the Company, accessible by a User via their connection device. In this case, “site” refers to this website.
“Company”: refers to OCGF Company, as more fully described in the preamble hereof.
“Customer”: refers to the Professional or Consumer who has placed an order on this site.
“Professional”: refers to the buyer, whether a legal entity or natural person, acting within the scope of their professional activity.
“Consumer”: refers to the natural person buyer who is not acting for professional purposes and/or outside their professional activity.

2 - PURPOSE

The Terms and Conditions of Use must be accepted by any User wishing to access the Site. They constitute the contract between the Site and the User.
Any connection to or browsing of the OCGF Site constitutes tacit acceptance of the Terms and Conditions of Use, without reservation, regardless of the technical means of access and devices used. In such case, the User must comply with the conditions defined in these TCU.
When the User has declared that they have read the “TCU”, they waive the right to rely on any other document, including their own Terms and Conditions of Sale, Purchase or Use.
In the event of non-acceptance of the Terms and Conditions of Use stipulated in this contract, the User must refrain from accessing the services offered by the Site.
OCGF reserves the right to modify, unilaterally and at any time, the content of these Terms and Conditions of Use.
The applicable “TCU” are those in force at the time the User connects to and uses the Services. They are deemed to be accepted, without reservation, by any User who accesses the Site after they have been posted online. Accordingly, the Publisher invites the User to consult the Site’s “TCU” regularly.

3 - REGISTRATION AND DEREGISTRATION

3-1 - REGISTRATION

Registration on the Site is open to all legal entities or adult natural persons enjoying full legal personality and capacity.
Use of the Site is conditional upon User registration. Registration is free of charge.
To register, the User must complete all mandatory fields. Failing this, registration cannot be completed.
Users guarantee and declare on their honor that all information provided on the Site, particularly during registration, is accurate and compliant. They undertake not to provide an email address that could infringe the rights of third parties (use of a patronymic name, another party’s trademark, or works protected by copyright and/or neighboring rights), for any reason whatsoever and on any basis whatsoever.
They undertake to update their personal information from the dedicated page available in their account.
Each registered User has a login and password. These are strictly personal and confidential and must under no circumstances be communicated to third parties. Each registered User is personally responsible for maintaining the confidentiality of their login and password.
Each User, whether a legal entity or a natural person, may hold only one account on the Site.

3-2 - DEREGISTRATION

3-2-1 - AT THE INITIATIVE OF THE COMPANY

In the event of non-compliance with the “TCU”, in particular the creation of several accounts for a single person, the provision of false information or the disclosure of the login or password to a third party, the Company reserves the right to temporarily or permanently delete all accounts created by the offending User.
Account deletion results in the definitive loss of all benefits and Services acquired on the Site. However, any Order placed and invoiced by the Site before account deletion will be executed under normal conditions.

3-2-2 - AT THE INITIATIVE OF THE USER

A duly registered User may request deregistration at any time by going to the dedicated page in their Personal Area. Any deregistration from the site will take effect immediately after the User has completed the form intended for this purpose.

4 - ACCESS AND BROWSING

Access to and Use of the Site are reserved for adults. The Publisher shall be entitled to request proof of the User’s age, by any means.
Non-member Users do not have access to services reserved for members. Member Users must identify themselves using their login and password. The User must bear the risks associated with the use of their login and password. The User must ensure that their password remains secret; therefore, any disclosure thereof, in any form whatsoever, is prohibited.
The Publisher implements the technical solutions at its disposal to allow access to the Site 24 hours a day, 7 days a week. As this is an obligation of means, the Site does not undertake to achieve this result.
Nevertheless, it may suspend, limit or interrupt access to the Site or to certain pages thereof at any time in order to carry out updates, changes to its content or any other action deemed necessary for the proper functioning of the Site.
These “TCU” apply, where necessary, to any variation or extension of the Site on existing or future social and/or community networks.

5 - LIABILITY

The Publisher is only responsible for the content it has itself published.
The Company may under no circumstances be held liable:

In the event of computer-related technical problems or failures or incompatibility of the site with any hardware or software whatsoever;
For direct or indirect, material or immaterial, foreseeable or unforeseeable damage resulting from the use of or difficulties in using the Site or its Services;
For the intrinsic characteristics of the internet, in particular those relating to the lack of reliability and lack of security of information circulating thereon, and the consequences of any computer virus;
For unlawful content or activities using its Site, without it having duly become aware thereof;
For changes to administrative and legal provisions occurring after publication;
For the use and interpretation of the information contained on this Site;
In the event of force majeure as defined in Article 1218 of the French Civil Code;
For the unforeseeable and unavoidable act of a third party, whether or not external to the provision of the services provided for in the contract;
For non-performance or improper performance of the contract by the User

Each registered User is personally responsible for maintaining the confidentiality of their login and password. The Company shall under no circumstances be held liable for the identity theft of a User. If a User suspects fraud at any time, they must contact the Company as soon as possible so that the latter can take the necessary measures and regularize the situation.

The risks associated with the use of the internet do not allow the Site to guarantee optimal protection of the data transmitted. However, it undertakes to implement all necessary means to best ensure the security and confidentiality of the data.

The User undertakes to indemnify the Publisher or any third party in the event of damage resulting from wrongful use of the Service.

Third-party Services made available on the Site are offered independently. Consequently, the Publishers of these third-party Services are solely responsible for their accessibility, availability and content. Any User accessing third-party Services present on the Site must exclusively refer to and apply the Terms and Conditions of Use of that third-party Service.

6 - HYPERLINKS

The Site may contain hyperlinks pointing to other websites over which OCGF has no control. Despite the prior and regular checks carried out by the Publisher, the latter declines all liability for the content that may be found on these external sources.
Excluded from the Site are hyperlinks referring to sites disseminating information of an unlawful, violent, controversial, pornographic or xenophobic nature, or which may offend public sensitivity.
OCGF reserves the right to have removed at any time any hyperlink pointing to its Site if it considers that this external source does not comply with its editorial policy.

7 - INTELLECTUAL PROPERTY

The structure of the Site, texts, graphics, images, photographs, sounds, videos, computer applications, trademarks, logos, signs and any other content of the Site are protected by the French Intellectual Property Code and more particularly by copyright.
Use requires the prior authorization of the Site for any reproduction, publication or copying of the various contents.
Any representation, reproduction, publication, copying of the various contents, adaptation or partial or total exploitation of the contents, registered trademarks and services offered by the Site, by any process whatsoever, without the prior, express and written authorization of the Publisher, is strictly prohibited and may constitute infringement within the meaning of Articles L.335-2 et seq. of the French Intellectual Property Code, with the exception of elements expressly designated as royalty-free on the Site.
Access to the Site does not constitute recognition of any right and, more generally, does not confer any intellectual property right relating to any element of the Site, which remain the exclusive property of the Publisher.
Any content posted online by the User is their sole responsibility. The User undertakes not to post online any content that may harm the interests of third parties. Any legal action brought by an injured third party against the Site shall be borne by the User.
The User’s content may be deleted or modified by the Site at any time and for any reason. The User receives no justification or notification prior to the deletion or modification of User content.

8 - PROTECTION OF PERSONAL DATA

8-1 - DEFINITIONS

Personal data means any information relating to an identified or identifiable natural person, directly or indirectly, by reference to an identification number or to one or more elements specific to that person. Thus, personal data means all data which, alone or combined with other data, can be linked to an identified or identifiable user, whether by the data controller or by any other person. Personal data therefore does not only mean nominative data (surname and first name).
Processing of personal data means any operation (collection, recording, storage, modification, extraction, consultation, use, communication, interconnection, destruction, etc.) relating to personal data.

8-2 - COMPLIANCE WITH DATA COLLECTION AND PROCESSING

In accordance with the provisions of Article 5 of European Regulation 2016/679, the Site collects only the data necessary for the proper fulfillment of the objectives pursued by it; these objectives are limited, the data are confidential and are retained for a limited period.
In order to be lawful, and in accordance with the requirements of Article 6 of European Regulation 2016/679, the collection and processing of data may only take place if they meet at least one of the conditions listed below:

The User has expressly consented to the processing;
The processing is necessary for the proper performance of a contract;
The processing meets a legal obligation;
The processing is explained by a necessity related to safeguarding the vital interests of the data subject or of another natural person;
The processing may be explained by a necessity related to the performance of a task carried out in the public interest, which falls within the exercise of official authority;
The processing and collection of personal data are necessary for the legitimate and private interests pursued by the data controller or by a third party.

8-3 - TYPE OF DATA COLLECTED AND PROCESSED

The personal data collected on this Site are as follows:

Account opening: when the User’s account is created, their surname, first name, email address and date of birth, postal address and telephone number.
Login: when the User logs in to the Site, it records, in particular, their surname, first name, login data, usage data, location data and payment-related data.
Profile: use of the services provided on the Site makes it possible to complete a profile, which may include a postal address and telephone number.
Payment: as part of payment for the products and services offered on the Site, it records financial data relating to the User’s bank account or credit card.
Cookies: cookies are used as part of the use of the Site. The User may disable cookies from their browser settings.

8-4- PURPOSES OF DATA COLLECTION AND PROCESSING

The personal data collected from Users are intended to make the Site Services available, improve them and maintain a secure environment. More specifically, the purposes are as follows:

Allow access to and use of the Site by the User;
Management of the functioning and optimization of the Site;
Organization of the Terms of Use of payment Services;
Verification, identification and authentication of data transmitted by the User;
Implementation of User support;
Prevention and detection of fraud, malware (malicious software) and management of security incidents;
Management of any disputes with Users;
Sending commercial and advertising information, according to the user’s preferences;
Allow the User to receive newsletters.

8-5 - DATA RETENTION PERIOD

The data are retained for as long as the account is active. In the event of account closure, the data are immediately deleted.

8-6 - SHARING DATA WITH THIRD PARTIES

Personal data may be shared with third-party companies in the following cases:

When the User uses payment services, for the implementation of its Services, the Site is in contact with third-party banking and financial companies with which it has entered into contracts;
When the User authorizes a third-party website to access their data;
If required by law, the Site may transmit data in order to respond to claims made against the Site and to comply with administrative and judicial procedures;
If the Site is involved in a merger, acquisition, asset transfer or judicial reorganization procedure, it may be required to transfer or share all or part of its assets, including personal data. In such case, Users would be informed before the personal data are transferred to a third party.

8-7 - SECURITY AND CONFIDENTIALITY

The Site implements organizational, technical, software and physical measures relating to digital security to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the internet is not a completely secure environment and the Site cannot guarantee the complete security of the transmission or storage of information on the internet.

8-8 - IMPLEMENTATION OF USERS’ RIGHTS

Under the regulations applicable to personal data, Users have the following rights:

Update or delete the data concerning them by logging in to their account and configuring the settings of that account;
Delete their account. It should be noted that information shared with other Users, such as publications and reviews, may remain visible to the public on the site, even after deletion of their account;
Exercise their right of access, to know the personal data concerning them;
Request the updating of information, where the personal data held by the Site are inaccurate;
Request the portability of their personal data held by the Site to another site;
Request restriction of or object to the processing of their data by the Site, without the Site being able to refuse, unless it demonstrates the existence of compelling legitimate grounds that may prevail over the interests and rights and freedoms of Users;
Request the deletion of their personal data, in accordance with the laws applicable to data protection;
Organize the fate of their personal data collected and processed after their death in accordance with Law No. 2016-1321 of October 7, 2016;
In the event that the data controller decides not to respond to the User’s request, and the User wishes to challenge this decision, they are entitled to refer the matter to the French Data Protection Authority (CNIL) or any competent judge.

8-9 - DATA CONTROLLER

The data controller for personal data is OCGF Company. It may be contacted for the exercise of the User’s rights, subject to the production of valid proof of identity, by email at the following address: contact@ocgf.fr or at the following postal address:

15 Impasse de la Petite Meilleraie
44840 Les Sorinières
France

8-10 - DATA PROTECTION OFFICER

The following person has been appointed Data Protection Officer: Sébastien Pervis
He can be contacted by email at the following address: sebastien.pervis@ocgf.fr

8-11 - HOSTING OF COLLECTED DATA

The data collected and processed by the site are exclusively hosted and processed in France.
The site www.ocgf-shop.fr is developed and hosted by Net-concept (www.net-concept.fr).

Net Concept
9 rue James Watt
49070 – Beaucouzé – France
SIREN No.: 409 554 219
Tel.: +33 (0)2 41 22 00 26

Management: Fabien Lacamoire
325 Rue Marcel Paul - 44000 Nantes
Telephone: 02 85 52 84 70
net-concept.fr

8-12 - CHANGES TO THIS CLAUSE

The Site reserves the right to make any change to this clause relating to the protection of personal data at any time. If a change is made to this personal data protection clause, the Company undertakes to publish the new version on its Site. The Company will also inform users of the change by email, at least 15 days before the effective date.
If the User does not agree with the terms of the new wording of the personal data protection clause, they may delete their account.

9 - COOKIES

9-1 - DEFINITION

A “cookie” is a small file (less than 4 KB), stored by the site on the User’s hard drive, containing information relating to the User’s browsing habits. These files make it possible to process statistics and traffic information, facilitate browsing and improve the Service for the User’s comfort.

9-2 - USER CONSENT

For the use of “cookie” files involving the storage and analysis of personal data, the User’s consent must necessarily be requested. Accessing and browsing the Site constitutes acceptance by the User of the use of “cookies”.
This consent is considered valid for a maximum period of thirteen (13) months. At the end of this period, the Site will again request the use of “cookie” files on the User’s hard drive (banner on the OCGF site).

9-3 - USER OBJECTION

The User is informed that they may object to the recording of these “cookies” by configuring their browser software.
If the User decides to disable “cookie” files, they may continue browsing the Site. However, any malfunction of the site caused by this action shall not engage the liability of the Site Publisher.

9-4 - DESCRIPTION OF THE “COOKIE” FILES USED

By browsing the site, the User is informed that third-party “cookie” files may be recorded.
The User is informed that these sites have their own privacy policies and Terms and Conditions of Use that may differ from those presented here.
The Site Publisher invites Users to consult the privacy policies of these sites.

10 - DURATION OF THE “TCU”

These “TCU” are concluded for an indefinite period. They take effect with respect to the User from the use of the Service.

11 - INFORMATION – COMPLAINTS

Any clarification relating to the application of these Terms and Conditions of Use, any request for information or complaint relating to the functioning of OCGF Services on the internet must be addressed:

by email to the following address: contact.web@ocgf.fr
by post to the following postal address:

15 Impasse de la Petite Meilleraie
44840 Les Sorinières
France

12 - APPLICABLE LAW

These Terms and Conditions of Use are governed by French law.
Any dispute that may arise between the Company and a User during the performance of these terms shall be subject to an attempt at amicable resolution. Failing this, disputes shall be brought before the competent ordinary courts.
The Commercial Court of Nantes shall have sole jurisdiction, including in summary proceedings, warranty claims or in the event of multiple defendants.
If one or more provisions contained in the Terms and Conditions of Use are declared invalid following a final decision by a competent court or pursuant to a law or regulation, the other provisions of the “TCU” shall retain their full force and effect. The clause declared null or invalid shall be replaced.