Terms of use

IMPORTANT :
IT IS EXPRESSLY AGREED THAT ANY USE OF THE SITE WWW.BODYFRIEND.FR AND ANY ACCESS TO ANY OF ITS CONTENT IN ANY REASON WHATSOEVER IMPLIES THE UNRESERVED ACCEPTANCE AND COMPLIANCE, BY THE USER, WITH THESE GENERAL CONDITIONS OF USE. THE USER CONSEQUENTLY DECLARES HAVING READ AND AWARE OF THE GENERAL CONDITIONS OF USE.
IN THE EVENT OF RESERVATIONS OR DISPUTE ON ALL OR PART OF THE PROVISIONS OF THESE GENERAL CONDITIONS OF USE, THE USER ACKNOWLEDGES THAT HE WILL NO LONGER HAVE THE RIGHT TO ACCESS THE SITE, HIS USER ACCOUNT AND MORE GENERALLY THE CONTENTS OF THE SITE.

ARTICLE 1. DEFINITIONS

For the purposes of these general conditions of use, the following terms have the definition set out below, other terms may also be defined in these general conditions of use.

«Terms of Service" or "GTCU“: designate all the stipulations provided for herein, the purpose of which is to define the terms and rules for accessing and using the Site, as well as the information contained therein.

«User account“: designates a space reserved for the registered User, accessible after registration on the Site via a Connection Identification and allowing him to access certain content present on the Site.

«Cookies)": designates a text file that may be saved, subject to the User's choices, in a dedicated space on the hard disk of the User's Terminal, when consulting an online service using its navigation software. A Cookie file allows its issuer to identify the Terminal in which it is registered, during the period of validity or registration of the Cookie.

«Personal data)“: designates, within the framework of the policy on the use of Cookies, the data which relate to the User alone at a given moment, independently of the Terminal which he uses.

«Login ID»: refers to a confidential identifier (in the form of an email address) and password allowing access to the User Account and certain content present on the Site.

«Navigation Information(s)" or "Navigate»: refers to the information relating to the connection of a Terminal to an electronic communication service at a given time. The Company (and/or authorized service providers and agents) may process Browsing Information, even if it does not necessarily know which Terminal the User is using, nor who the User is at a given time.

This Navigation Information concerns, in particular:

  • the Internet Protocol (IP) address of the Terminal connected to the Internet;
  • the date and time of connection of a Terminal to an electronic communication service;
  • the URL (/internet address) of the Internet page from which the Terminal accesses an electronic communication service (“referrer”);
  • the type of operating system used by the Terminal (Windows, MacOs, Linux, Unix, BeOS, etc.);
  • the type and version of the Navigation software used by a Terminal (Internet Explorer, Safari, Firefox, Chrome, Opera, etc.);
  • the language of use of the Navigation software used by the Terminal;
  • the identifier and content of a Cookie file stored by the Company (and/or authorized service providers and agents) in the

«Company»: designates Bodyfriend Europe, a simplified joint stock company with capital of €10.800.000,00 whose head office is located at 91, rue du Faubourg Saint Honoré, 75008 Paris, registered in the Paris Trade and Companies Register under number d unique identification 845 191 923, represented by its president, Mr. Changjoo Kim.

«Website»: refers to the website www.bodyfriend.fr from which the Company offers products for sale, in particular massage chairs.

«Terminal(s)“: designates the material equipment (computer, tablet, smartphone, telephone, etc.) that the User uses to consult or see displayed a site, an application, advertising content, etc.

«User(s)»: refers to any user of the Site.

ARTICLE 2: OBJECT

These Terms govern the terms of use of the Site by any User.

It is also specified that any order placed on the Site is governed by the Company's applicable general conditions of sale and accessible via the link below: https://www.bodyfriend.fr/conditions- general-use/

ARTICLE 3. USE OF THE SITE

Access to the Site is via the Internet.

To use the Site, you must be at least 18 years old, be legally capable of contracting and using this Site in accordance with these Terms.

Certain sections of the Site are only accessible by User identification, requiring the prior creation of a User Account with a Connection Identification.

The Company confirms, by e-mail addressed to the e-mail address that the User will have communicated, the creation of the User Account.

It is recalled that the Login Identification is strictly confidential and personal. The User undertakes in this respect to take all the necessary measures to ensure their confidentiality and not to disclose the Connection Identification to third parties.

In the event that the User notices an abnormal or fraudulent use of his Connection Identification, he must notify the Company as soon as possible.

The Company reserves the right to modify, correct or delete content or to temporarily interrupt the Site, in particular for maintenance purposes, at any time and without notice.

ARTICLE 4. OBLIGATIONS OF USERS

When using the Site, the User undertakes to comply with the laws and regulations in force, to respect the rights of third parties and the provisions of these T&Cs.

Each User has the obligation to:

  • Provide accurate, sincere, up-to-date and complete information when creating a User Account;
  • Immediately update the information provided when creating a User Account if it changes;
  • Not to divert the purpose of the Site to commit crimes, misdemeanors or contraventions punishable by law;
  • Not to use the information present on the Site directly or indirectly for commercial purposes;
  • Not to use the information present on the Site for their use by a competing site or by another site such as comparator sites;
  • Do not disparage the Site;
  • Do not attempt to divert Internet users to another site or a competitor; and more generally
  • Use the Site in accordance with the purpose described herein

The Company reserves the right, at any time and at its sole discretion, to suspend or terminate access to the Site for one or more Users and to take all measures against them, if the Company considers that this or these Users do not respect the TOS.

ARTICLE 5. ENTRY INTO FORCE – DURATION

These Terms are concluded for an indefinite period from the first access to the Site and for as long as they are applicable under the conditions specified in Article 6 below.

ARTICLE 6. MODIFICATION OF THE GENERAL CONDITIONS OF USE

The Company may modify these T&Cs at any time.

The new T&Cs will come into force on the date of their publication on the Site subject to having informed the User of their posting.

The continued use of the Site by the User thus informed, after the date of publication of the modified T&Cs, will be deemed to have been made by consenting to the new version of the T&Cs.

ARTICLE 7. PERSONAL DATA

The Company would like to recall its commitment to apply the obligations of the amended law 78-17 of January 6, 1978 relating to data processing, files and freedoms, the provisions of EU regulation 2016/679 of May 25, 2018 on the protection of data (hereinafter, the "GDPR") as well as the ethical principles which result therefrom with regard to the personal information that the User may be required to communicate to him in the context of his Navigation on the Site.

The privacy policy, present at the following address, details the procedures applicable to the collection and processing of Users' personal data on the Site: https://www.bodyfriend.fr/politique-de- privacy/.

SECTION 8. COOKIES

During the consultation of the Site, the technical data likely to be recorded, in respect of the access or the use of the Site are the Internet Protocol (IP) address of the User and the information relating to the configuration ( type of machine, browser, etc.) and navigation (date, time, pages viewed, occurrence of errors, etc.) of the User.

This latest information may be stored, through your browser software, in short text files (cookies), subject to the User's choice, in a dedicated space on the Company's disk and/or its partners process this data. techniques in a completely anonymous way, not linking them to any information allowing the user to be identified and, do not transmit them to third parties.

Each cookie is assigned an anonymous identifier. The cookie file allows its issuer to identify the terminal in which it is registered during the period of validity or registration of the cookie concerned.

8.1 Purpose of cookies issued on the Site

Cookies, depending on their category, are used for the following purposes:

  • Essentially technical cookies

A first category of cookies are those that are strictly necessary for the use of the Site. They are essential for browsing the Site while taking advantage of all its features (support for the user's operating system, display, etc.). They make it possible to adapt certain functionalities and the presentation of the Site to the browser and the equipment of the Users. These are essentially technical cookies that do not identify the User as an individual.

  • Audience measurement cookies

Another category of cookies are those that allow performance measurement. These cookies make it possible to establish statistics and volumes of visits and use of the various services of the Site. Their purpose is to enable the Company to improve the comfort of Users. These cookies do not identify the User as an individual.

Some audience measurement cookies allow the Company to measure visits to certain spaces dedicated to its partners and to analyze these visits, namely:

  • Youtube (Google, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA): monitoring and analysis tool for the videos offered on the Site;
  • MailChimp (The Rocket Science Group, LLC, 675 Ponce de Leon Ave NE, Suite 5000, Atlanta, GA 30308 USA);
  • Google Analytics (Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA) to analyze traffic and actions performed on the Site;
  • Google Adwords (Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA) to analyze traffic and actions performed on the Site;
  • Cloudflare (101 Townsend St, San Francisco, CA 94107, USA) to improve the security of the Site;
  • Hubspot (25 First Street, 2nd Floor, Cambridge, MA 02141, United States).

These first two categories of cookies are only used for the purposes of establishing usage statistics, preventing errors, preventing damage and counterfeiting of the Site or improving the conditions of access or use of the Site.

  • Functionality cookies

A third category of cookies relates to functionality. They make it possible to simplify the navigation of the User. Indeed, they make it possible to save some of the choices made by Users (language, User name, country, information relating to a form entered previously, etc.).

  • Cookies from social networks

Another category of cookies comes from social networks: these cookies, from third parties, allow the user to share the content of the Site with other people. This is the case for example of the application buttons

"Share" or "Like", from social networks like "Facebook", "Instagram", "Twitter", "LinkedIn".

The Company draws Users' attention to the identification provided by such a button. Indeed, the social network that provides this type of application buttons is likely to identify the User thanks to this button, even if the User did not click on it when consulting the Site. Indeed, some cookies allow the network

social network concerned to follow the navigation of the User on the Site, as soon as his account with this social network is activated on his terminal during his navigation on the Site.

The Company has no control over the process used by social networks to collect information relating to the User's browsing on the Site and associated with the Personal Data they have. The User is invited to consult the privacy protection policies of these social networks in order to learn about the purposes of use, in particular advertising, of the browsing information that they can collect thanks to these application buttons.

These protection policies must in particular allow the User to exercise their choices with these social networks, in particular by setting up their user accounts for each of these networks.

 

8.2 The User's choices regarding Cookies

The User can, at any time, configure his browser in order to modify his choices in terms of cookies. The configuration of the internet browser is an effective and free means of determining, upstream, the management of cookies.

 

8.2.1 Cookies Agreement

The registration of a Cookie in a Terminal is essentially subject to the will of the User of the Terminal, which the latter can express and modify at any time and free of charge through the choices offered to him by his Navigation software. If the User has accepted in his Navigation software the recording of Cookies in his Terminal, the Cookies integrated into the pages and contents that he will have consulted may be stored temporarily in a dedicated space of the Terminal concerned. They will be readable there only by their issuer.

 

8.2.2 Refusal of Cookies

If the User refuses the registration of Cookies in his Terminal, or if the User deletes those which are registered there, he will no longer be able to benefit from a certain number of functionalities which are nevertheless necessary to navigate in certain areas of the Site. This would be the case if the User tried to access content or services that require the User to identify himself. This would also be the case when the Company—or its service providers—could not recognize, for technical compatibility purposes, the type of browser used by the User's Terminal, its language and display settings or the country from which the relevant Terminal appears to be connected to the Internet.

Where applicable, the Company declines all responsibility for the consequences linked to the degraded operation of its services resulting from the impossibility for it to record or consult the Cookies necessary for their operation and which the User will have refused or deleted.

The period of validity of the consent to the deposit of Cookies is thirteen (13) months. At the end of this period, the user's consent is collected again.

 

8.2.3 How to exercise the choices according to the Browser used by the User?

The settings for managing cookies depend on the User's browser.

As an indication, the User may oppose the registration of Cookies by configuring his browser as follows:

For Internet Explorer:

For Firefox:

For Chrome:

For Safari:

For Opera:

ARTICLE 9. LIMIT OF LIABILITY

The Company cannot under any circumstances be held liable for direct and indirect damages and losses of any nature whatsoever, resulting from any use of the Site by Users.

The Company strives to ensure, to the best of its ability, the accuracy and updating of the information published on the Site, the content of which it reserves the right to correct at any time and without notice.

The Site may contain links to other sites. These websites being published and managed by third parties, and insofar as the Company has no control over the content published on these sites, the User is prohibited from initiating any legal action relating to the content of these sites or their use against the Company.

The Company will not be liable for damages arising from the use or inability to use the Site.

The Company will in no way be liable for malfunctions attributable to software, whether or not these are incorporated into the Site or supplied with it.

ARTICLE 10. INTELLECTUAL PROPERTY

Access to the Site grants Users a personal and non-exclusive right to use the Site.

All the elements present on the Site and the Site itself are protected by copyright, trademark law, designs and models and/or any other intellectual property right.

By elements, we mean in a non-exhaustive way: photographs, images, drawings, illustrations, texts, videos, logos, screensavers, wallpapers, brands, models, software, etc.

These elements belong to the Company or are used with the agreement of their owners.

No license, nor any right other than that of consulting the Site, is granted to anyone with regard to intellectual property rights.

Any reproduction, representation, use, adaptation, modification, incorporation, translation, marketing, partial or complete by any process and on any medium whatsoever (paper, digital, etc.) is prohibited without the prior written authorization of the Company. , under penalty of constituting an offense of infringement of copyright and/or designs and/or trademarks.

ARTICLE 11. FORCE MAJEURE

The Company offers no guarantee as to the uninterrupted operation and/or continuity of the Site in the event of force majeure or fortuitous events as defined by the regulations in force, and by the case law of the French courts.

ARTICLE 12. INDEPENDENCE OF PROVISIONS

If any of the stipulations of these T&Cs were to be declared void with regard to a legislative or regulatory provision in force and/or a court decision having the authority of res judicata, it will be deemed unwritten, but n will in no way affect the validity of the other clauses which will remain fully applicable.

ARTICLE 13. APPLICABLE LAW - JURISDICTION

These conditions are governed by French law.

In the event that a dispute arises from this contractual relationship, and subject to the provisions of public order applicable in matters of jurisdiction, the courts within the jurisdiction of the Paris Court of Appeal shall have sole jurisdiction to hear any dispute. relating to these T&Cs.