General terms and conditions of use
1. PURPOSE
The purpose of the present general terms and conditions of use (known as “GTCU”) is to provide a legal framework for the terms and conditions of provision of the site and services by pi-motion.fr and to define the conditions of access and use of the services by the User.
These GTCU are accessible on the site under the heading “GTCU”.
The GTCU must be accepted by any User wishing to access the site. They constitute the contract between the site and the User. Access to the site by the User signifies acceptance of these GTCU. The User now undertakes to respect these conditions.
2. LEGAL NOTICE
The PI Motion website is published by the company PI Motion (the “seller”) with a capital of 23,500 euros, whose head office is located at Domaine Croix Marie, 26 Avenue du Lac, 78121 Crespières (e-mail: info@pi-motion.com).
Intracommunity VAT number: FR64528985799
The Director of the publication is the company PI Motion.
3. DEFINITIONS
Applicable Regulations: means all applicable European Union directives and regulations governing the use and/or processing of personal data, including but not limited to the GDPR and any associated national laws. “EEA” means the European Economic Area. “GDPR” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC (General Data Protection Regulation);
Anomaly: any condition that deviates from expectations based on the requirements of specifications, design documents, user documents, standards etc., or someone’s perceptions or experiences. Anomalies may be found during, but not limited to, reviews, testing, analysis, compilation, or use of software products;
Client: means a natural or legal person who has entered into a Contract with PI MOTION for the purpose of accessing the Services and using the Software;
Contract: means the GTCU, the quotation and its possible annexes and the order form;
Editor: the editor is the one who, by his active role, is supposed to have knowledge and control of the content published on his site;
Failure: a deviation of the component or system from the expected deliverable, service or result; inability of a system or component to perform a required function within the specified limits;
Personal Data: means Personal Data, as defined by the French law n°78-17 of 6 January 1978 called “Informatique et Libertés”, in its latest version, which can identify, directly or indirectly, a Citizen, and the European Parliament Regulation n° 2016/679, called General Data Protection Regulation (GDPR);
Processing: any operation or set of operations carried out or not by means of automated processes and applied to personal data or sets of data, such as collection, recording, organization, structuring, conservation, adaptation or modification, extraction, consultation, use, communication by transmission, dissemination or any other form of making available, reconciliation, deletion or destruction
Products and/or Services: all products (materials) and services that can be purchased or subscribed to;
User: means a natural person having access to the Software;
Website: the site with the following address pi-motion.fr and all its pages.
4. WEBSITE
4.1. Access and navigation
We take all reasonable and necessary steps to ensure the proper functioning, security and accessibility of our Website. However, we cannot offer any guarantee of absolute operability and our actions must therefore be considered as being covered by an obligation of means.
Any use of the Website is always at the User’s own risk. Therefore, we are not responsible for any damage that may result from possible failure, interruptions, defects or harmful elements on the Website.
Consequently, PI Motion declines all responsibility, in particular:
-
- In case of interruption of pi-motion.fr (and/or other linked sites) for any reason whatsoever;
-
- In the event of momentary impossibility of access to pi-motion.fr (and/or other linked sites) due to technical problems, whatever the origin and source;
-
- In case of direct or indirect damage caused by the use of pi-motion.fr (and/or other linked sites);
-
- In the event of abnormal use of pi-motion.fr (and/or other linked sites), the user of these sites is solely responsible for any damage caused to third parties and the consequences of any claims or actions that may result. The user also waives any recourse against PI Motion in the event of legal action being taken by a third party against him/her as a result of the use and/or operation of the site.
PI Motion does not guarantee that the Services are free of defects or errors that can be corrected, or that the solution will function without interruption or malfunction, or that it is compatible with hardware or configurations other than those expressly approved by PI Motion.
The site is accessible free of charge at any location to any User with Internet access. All costs incurred by the User in accessing the service (hardware, software, Internet connection, etc.) are at the User’s expense.
We reserve the right to restrict access to the website or to interrupt its operation at any time, without obligation to give prior notice.
4.2. Content
PI Motion largely determines the content of the Website and takes great care with the information on the Website. We take all possible steps to keep our Website as complete, accurate and up-to-date as possible, even when the information on it is provided by third parties. We reserve the right to change, supplement or delete the Website and its contents at any time without liability.
PI Motion cannot offer an absolute guarantee for the quality of the information on the Website. It is therefore possible that this information may not always be complete, accurate, sufficiently precise or up-to-date. Consequently, PI Motion cannot be held liable for any direct or indirect damage that the User may suffer as a result of the information on the Website.
If any of the contents of the Website violate the law or the rights of third parties, or are unethical, we ask you to inform us as soon as possible by e-mail so that we can take appropriate action.
5. PERSONAL DATA
Personal data relating to buyers may be processed automatically, in accordance with the amended Act No. 78-17 of 6 January 1978 on Data Processing, Data Files and Individual Liberties (hereinafter referred to as the “Data Protection Act”) and the European Parliament Regulation No. 2016/679, the so-called General Data Protection Regulation (GDPR).
When the buyer makes a contact request on the PI Motion website via the form, mandatory fields marked with an * must be filled in. PI Motion collects the buyer’s personal details, surname, first name, address and telephone number.
The personal data provided by the user in the course of a contact or information request shall only be processed by PI Motion with a view to responding to the user’s request. The User’s personal data will not be passed on to third parties without the User’s consent.
If the user refuses to provide certain essential data, PI Motion may not be able to process the request.
5.1. Disclosure to third parties
Personal data shall only be passed on to the staff responsible for processing the request. The data may be passed on to persons outside PI Motion if this is necessary for the processing of the user’s request.
If personal data is passed on to a third party, the latter shall be obliged to apply the same confidentiality conditions as PI Motion.
5.2. Communication to authorities on the basis of legal obligations
Personal data may be disclosed on the basis of legal obligations pursuant to a law, regulation or decision of a competent regulatory or judicial authority. In general, PI Motion undertakes to comply with all legal rules that may prevent, limit or regulate the dissemination of information or data and in particular to comply with the RGPD and the law of 20 June 2018 on the protection of personal data.
5.3. Prior information for the disclosure of personal data to third parties in the event of a merger / takeover
In the event that PI Motion takes part in a merger, acquisition or any other form of asset transfer, PI Motion undertakes to guarantee the confidentiality of personal data and to inform you before they are transferred or subjected to new confidentiality rules.
5.4. Transfer of personal data abroad
PI Motion undertakes not to transfer the personal data of its users outside the European Union.
5.5. Purpose of use of collected customer data
Customer data is used in particular to carry out customer management operations relating to:
-
- contracts, orders, deliveries, invoices, accounting and in particular the management of customer accounts, a loyalty program within a legal entity or entities;
-
- customer relationship management such as satisfaction surveys, complaints management and after-sales service;
-
- the selection of customers to carry out studies, surveys and product tests;
-
- the management of requests for access, rectification and opposition rights;
-
- he management of people’s opinions on products, services or content.
Users have the right to access and rectify data concerning them by contacting PI Motion (supportpip@pi-motion.com or by post: Domaine Croix Marie; 26 avenue du Lac; 78121 Crespières).
6. STORAGE OF DATA
Technical data is kept for the time strictly necessary to achieve the purposes referred to above.
Personal data that is subject to processing shall not be kept beyond the time necessary to fulfil the obligations defined at the time of the conclusion of the contract or the predefined duration of the contractual relationship.
7. INTELLECTUAL PROPERTY
7.1. Use
The structure of the Website, as well as the texts, graphics, images, photographs, sounds, videos, databases, computer applications, etc. that make up the Website or that are accessible via the Website are the property of PI Motion, authorized by the owner or Creative Commons and then protected as such by the laws in force with regard to intellectual property.
Any representation, reproduction, adaptation or exploitation of the content, trademarks and services, in whole or in part, without the prior, express and written authorization of PI Motion, is strictly prohibited, with the exception of elements expressly designated as free of rights on the Website.
The user of the Website is granted a limited right to access, use and display the Website and its contents. This right is granted on an exclusive, non-transferable basis and may only be used for personal and non-commercial purposes. Except with prior written consent, the User is not authorised to modify, reproduce, translate, distribute, sell or communicate to the public, in whole or in part, the protected elements.
The User is prohibited from introducing data to the Website that would modify or be likely to modify its content or appearance.
7.2. Citation
Unless otherwise stated in writing, the Client agrees that its logo may be used on any commercial means belonging to PI Motion.
Unless otherwise stated in writing, the client also agrees that PI Motion may quote anonymously the nature of the services and the results obtained, as well as the context of the client, with the exception of any confidential information.
8. HYPERTEXT LINKS
8.1. Links from the pi-motion.fr website
The site pi-motion.fr may contain hypertext links to sites operated by third parties. These links are provided for information purposes only. PI Motion has no control over these sites and accepts no responsibility for access, content or use of these sites, nor for any damage that may result from consulting the information on these sites. The decision to activate these links is the full responsibility of the Internet user.
8.2. Links to the pi-motion.fr website
No hypertext link may be created to the pi-motion.fr website without the express prior consent of PI Motion.
If an Internet user or a legal entity wishes to create a hypertext link from its site to the PI Motion site, it must first contact PI Motion (info@pi-motion.com or PI Motion, Domaine Croix Marie, 26 Avenue du Lac, 78121 Crespières). PI Motion reserves the right to decide whether or not to give its consent.
9. COOKIES
The User is informed that during his visits to the site, a cookie may be automatically installed on his browser. Cookies are small files temporarily stored on the hard disk of the User’s computer by your browser and which are necessary for the use of the pi-motion.fr website.
Cookies do not contain any personal information and cannot be used to identify anyone. A cookie contains a unique, randomly generated and therefore anonymous identifier. Some cookies expire at the end of the User’s visit, others remain.
The information contained in the cookies is used to improve the pi-motion.fr website.
By browsing the site, the User accepts them. However, the User must give his/her consent to the use of certain cookies. If the User does not accept them, he/she is informed that certain functions or pages may be refused. The User may deactivate these cookies by using the settings in his/her browser software.
9.1. Cookie retention period
The maximum storage period for cookies is 13 months after they are first placed in the User’s browser, as is the duration of the validity of the User’s consent to the use of these cookies. The lifetime of the cookies is not extended with each visit. The User’s consent must therefore be renewed at the end of this period.
9.2. Purpose of cookies
Cookies may be used for statistical purposes, in particular to optimize the services rendered to the User, based on the processing of information concerning the frequency of access, the personalization of pages as well as the operations carried out and the information consulted.
10. GENERAL PROVISIONS
PI-Motion reserves the right to change these terms of use at any time. In this case, the conditions applicable will be those in force at the date of use of the Website by the user. These GTCU can be consulted on the PI Motion website at the following address: https://pi-motion.fr .
11. APPLICABLE LAW AND JURISDICTION
These conditions are governed by French law.
These general and special conditions are subject to French law, which determines the applicable law on a case-by-case basis. In the absence of any mandatory provision to the contrary or in the presence of a choice in the determination of the applicable law, French law will be applied.