Welcome to www.onmysofa.com. Access to this site is governed by these general terms and conditions of use (hereinafter the "GCU").
Article 1. DEFINITIONS
In these T&Cs, all of the following capitalised terms have the meanings set out below and shall be understood in both the singular and plural:
Sofa Club Subscription: a subscription taken out by the Customer allowing him to benefit from the Services made available to him for a fixed monthly fee;
Customer: any person acting for purposes that do not fall within the scope of his or her commercial, industrial, artisanal, liberal or agricultural activity who connects to the Site to purchase a Product and/or subscribe to a Sofa Club subscription;
Order: Order by a Customer of a Product offered for sale on the Site and/or of the Sofa Club Subscription;
Data: Any element (information, texts, photographs, messages, etc.) collected by the User and implemented by him/her within the Site, and the Services if applicable, through his/her use;
Personal data: Refers to any information relating to an identified or identifiable natural or legal person; an "identifiable natural or legal person" is one who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, or to one or more factors specific to his or her physical, physiological, genetic, mental, economic, cultural or social identity;
Functionality: Each element implemented, accessible and usable within the Site and Services through their use;
Means of Access: Methods and/or functions by which a User may access the Site and/or one or more Services where applicable in order to use them for his or her own purposes;
Operator: Company which operates the various electronic telecommunications networks necessary for access to and use of the Site and the Services, where applicable;
Parties: Parties who have accepted and agreed to the TOS and the obligations contained therein;
Products: Goods offered for sale on the Site;
Services: All the services of the Sofa Club Subscription made available to the Customer by Clickbuster LTD and accessible via the Means of Access;
Site: the website https://www.onmysofa.com/ from Clickbuster LTD ;
Clickbuster LTD: Clickbuster LTD, whose registered office is at 63-66 Hatton Garden, 5th Floor, Suite 23, EC1N 8LE, London, United Kingdom, a company registered in England under number: 13014667, represented by MD Al Amin, in his capacity as Director ,
Third Parties: Refers to natural or legal persons who are not related by common ownership or control to Clickbuster LTD or other individuals not related to Clickbuster LTD and/or the Client.
User or "You": any person who acts for purposes that do not fall within the scope of his or her commercial, industrial, craft, liberal or agricultural activity using or having access to the Site.
Article 2. PURPOSE OF THE GTCU
The purpose of these GTC is to define the terms and conditions of use of the Site.
For any information request or contact, the User is invited to contact Clickbuster LTD at the following address: 09 71 07 88 60 (Monday to Friday from 9am to 6pm) or by email: firstname.lastname@example.org
Article 3. ACCEPTANCE OF THE GGU
By accessing and using the Site, the User declares that he/she has read the GTC and accepts them without reservation.
Article 4. MODIFICATION OF THE GCVS
These TOS may be modified at any time by Clickbuster LTD. The TOS applicable to the user are those in force on the day of his use of the Site.
Article 5. ACCESS TO THE SITE
Access to and use of the Site is for strictly personal use only. You undertake not to use this Site and the information or data contained therein for commercial, political or advertising purposes or for any form of commercial solicitation, in particular the sending of unsolicited e-mails.
Simply accessing the Site and placing Orders does not require an access code or identifiers.
The Site is accessible and usable twenty-four hours a day (24 hours a day) and seven days a week (7 days a week) provided that you have a computer terminal capable of connecting to the Internet and an Internet access.
The Site is accessible free of charge to anyone with Internet access. All costs related to its access, whether hardware, software or internet access, are exclusively at your expense.
We reserve the right to deny access to the Site to any user who does not comply with these TOU.
We use all reasonable means at our disposal to ensure quality access to the Site.
Furthermore, we cannot be held responsible for any network or server malfunction or any other event beyond our reasonable control that prevents or impairs access to the Site.
We reserve the right to interrupt, temporarily suspend or modify access to all or part of the Site without notice, in order to carry out maintenance, updates or for any other legitimate reason, without the interruption giving rise to any obligation or compensation.
Article 6. CONDITIONS AND TERMS OF THE SUBSCRIPTION Sofa Club
The terms and conditions under which the User may subscribe and unsubscribe to the Sofa Club Subscription are set out in the general terms and conditions of sale available here : https://www.onmysofa.com/conditions-generales-de-vente/
Article 7. RESPONSIBILITIES
Clickbuster LTD, as publisher, shall not be liable for any failure, breakdown, difficulty or interruption in the operation of the network or servers or any other event beyond the reasonable control of Clickbuster LTD, which prevents access to the Site or any of its features.
You are solely responsible for your equipment used to connect to the Site, the proper functioning of your computer equipment and your access to the Internet. You must take all appropriate measures to protect your equipment and your own data, in particular from viral attacks via the Internet. You are also solely responsible for the sites and data you consult.
Clickbuster LTD shall not be liable for any legal action taken against you as a result of your use of the Site or any service accessible via the Internet and/or your failure to comply with these TOU.
Clickbuster LTD is not responsible for any damage caused to you, third parties and/or your equipment as a result of your connection to or use of the Site.
Article 8. INTELLECTUAL PROPERTY
The trademarks, photographs, texts, comments, illustrations, images (animated or not), video sequences, sounds as well as all the computer applications which could be used to operate this Site and, more generally, all the elements reproduced or used on the Site, are protected by the laws in force with regard to intellectual property.
They are the full and complete property of Clickbuster LTD or its partners. Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of these elements, including computer applications, without the prior written consent of Clickbuster LTD, is strictly prohibited.
Clickbuster LTD's failure to take action upon becoming aware of such unauthorized use does not constitute acceptance of such use or a waiver of such action.
Subject to the foregoing, in the event that the User transmits to Clickbuster LTD or uploads to the Site any content, including but not limited to photographs, text, videos, illustrations (hereinafter the "Content"), the User grants Clickbuster LTD a non-exclusive, transferable, sub-licensable, worldwide, royalty-free license to all such Content as it is published on the Site, and a license to all intellectual property rights pertaining to the Content, The User grants Clickbuster LTD the non-exclusive, transferable, sub-licensable, worldwide right to use the Content as it is published on the Site, as well as a license to all intellectual property rights pertaining to the Content, for the entire legal duration of its intellectual property rights and for the entire world.
The rights thus granted include the right to reproduce, represent, distribute, adapt and modify all or part of the Content by any process, in any form and on any medium, for commercial or non-commercial purposes, including advertising.
Article 9. HYPERLINKS
Any information accessible via a link to other sites that Clickbuster LTD does not edit is not under the control of Clickbuster LTD, which declines all responsibility for their content. Clickbuster LTD is not responsible for any links on the Site that direct you to other Internet sites and/or provide access to information available on those sites.
The establishment by you of any hypertext links to all or part of the Site is strictly prohibited, except with the prior written consent of Clickbuster LTD, which may be obtained by sending an e-mail to the following address: email@example.com
Clickbuster LTD is free to refuse such permission without having to justify its decision in any way. Should Clickbuster LTD grant such permission, it is in any event only temporary and may be withdrawn at any time, without any obligation on the part of Clickbuster LTD to justify its decision.
Article 10. OTHER POLICIES
Please note that the use of this Site and our business relationship are also governed by a number of other policies:
Cancellation Policy, detailing the conditions governing the cancellation of Orders on our Site: https://www.onmysofa.com/conditions-generales-de-vente/
Article 11. SECURITY
The Site is subject to an SSL encryption process.
The payment data is exchanged in encrypted mode using a protocol defined by the approved payment service provider involved in the banking transactions carried out on the Site.
Article 12. USER'S COMMITMENTS
The User declares that the information provided to Clickbuster LTD is true and accurate. Any inaccuracy in the statements made by the User may give rise to liability.
The use of the Site is reserved for persons of legal age and capacity. The user therefore guarantees that he/she is of age and has legal capacity.
The Customer undertakes not to use the Site for any commercial or resale purposes.
Article 13. FORCE MAJEURE
The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, is due to a case of force majeure, within the meaning of Article 1218 of the Civil Code.
Article 14. LANGUAGE
These GTC are written in French. They are also available in English. In case of difficulty, the French version shall prevail over the English version.
Article 15. APPLICABLE LAW
These GTUs are governed by French law.
Article 16. COMPLAINTS AND AMICABLE SETTLEMENT OF DISPUTES
In order to settle disputes, we invite the User to first send us a written complaint:
by email to firstname.lastname@example.org, or
by post to Clickbuster LTD Address: 85 Great Portland Street, London, UK, W1W 7LT.
In accordance with articles L 611-1 et seq. of the French Consumer Code, any dispute or litigation known as a consumer dispute may be settled amicably by mediation with a consumer mediator.
The mediator chosen by the professional, LMConso, is currently awaiting validation of his accreditation by the CECMC (Commission d'évaluation et de contrôle de la médiation de la consommation). The contact details of the mediator will be updated as soon as he is registered on the list of consumer mediators established in accordance with Article L. 615-1 of the Consumer Code. Consumers who do not wish to wait for the listing of the mediator may refer the matter to a court conciliator: https://www.service-public.fr/particuliers/vosdroits/F1736
The Customer is also informed that in accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. The platform is available at the following address: http://ec.europa.eu/consumers/odr/.
You may, at your own expense, be assisted by a lawyer.
Article 17. COMPETENT JURISDICTION
All disputes to which these GCU could give rise, concerning both their validity, interpretation, execution, resolution, their consequences and their consequences, and which would not have been the subject of an amicable settlement, will be submitted to the competent court under the conditions of common law.