General conditions of use
Date of last update: 22/06/2023
The purpose of these general terms and conditions of use (hereinafter referred to as the "GCU") is to provide a legal framework for the terms and conditions under which Milky Hour (hereinafter referred to as the "Publisher") makes the https://www.milkyhour.fr website (hereinafter referred to as the "Site") available to the user (hereinafter referred to as the "User") and to define the terms and conditions under which the User may access and use the Site.
These GCU are accessible on the site under the "GCU" section.
Access to and use of the Site are subject to acceptance and compliance with the GCU.
Any registration or use of the Site implies acceptance without any reservation or restriction of these GCU by the User.
The Publisher reserves the right to unilaterally modify the content of the Site and these GCU at any time.
Article 1: Legal notices
The edition of the Site is provided by the company Milky Hour, a limited liability company with a capital of 1000 euros, registered with the RCS of Blois under the number 901421271, whose head office is located at 29 rue Jules Ferry 41310 Saint Amand Longpré, France .
Email address: hello@milkyhour.fr
The Director of publication is: Élisabeth Mathes
Intra-community VAT number: FR49901421271
The host of the Site is the company OVH, whose head office is located at 2 rue Kellermann 59100 ROUBAIX, FRANCE
ARTICLE 2: Access to the site
The purpose of the Site is to present and sell the Publisher's products.
The Site allows the User to purchase one or more products marketed by the Publisher.
It is accessible free of charge anywhere to any User with Internet access. All costs incurred by the User to access the service (hardware, software, Internet connection, etc.) are his responsibility.
The creation of a personal space is an essential prerequisite for any order to be placed by the User on the Site. To this end, the User will be asked to provide a certain personal information.
By agreeing to create his personal space, the User undertakes to provide sincere and accurate information concerning his marital status and contact details, in particular his email address.
To access the services, the User must then identify himself using his username and password.
The User makes sure to keep his password secret. Any disclosure of the password, in whatever form, is prohibited. The User assumes the risks related to the use of his username and password.
The Publisher cannot be held responsible for unauthorized access to a User's account.
Any regularly registered member user may also request unsubscription by sending an email to the Publisher at the email address provided in ARTICLE 1 or using the contact form. This will be effective within a reasonable time.
The Publisher reserves the right to delete the account of any User who has contravened these GCU, in particular when the User has knowingly provided erroneous information when registering or any account that has been inactive for at least one year. The excluded User will not be able to claim any compensation as a result.
The Publisher makes its best efforts to make the Site permanently accessible, subject to maintenance operations on the Site or the servers on which it is hosted.
The Publisher may at any time suspend or limit access to the Site in order to carry out updates, modifications to its content or any other action it deems necessary.
As the Publisher is subject to an obligation of means with regard to access and navigation on the Site, he cannot be held responsible in the event of malfunctions or unavailability of the Site for any reason whatsoever and the User shall not may claim any compensation.
For any question, request for information or complaint, the User has can contact the Publisher by electronic mail at the email address provided in ARTICLE 1.
ARTICLE 3: Data collection
The Publisher processes the User's personal data with the utmost vigilance and confidentiality.
For more information on the management of his personal data, the User is invited to consult the Publisher's Privacy Policy on the Site under the heading "Privacy Policy".
This Privacy Policy is an integral part of the GCU. Acceptance of these GCU therefore implies acceptance of the Privacy Policy.
ARTICLE 4: Intellectual property
The trademarks, logos, signs and all the content of the Site (texts, images, sound, etc.) are protected by the French Intellectual Property Code and more particularly by copyright.
The Milky Hour brand is a registered trademark. Any representation and/or reproduction and/or partial or total exploitation of this brand, of any nature whatsoever, is totally prohibited.
The User must seek the prior authorization of the Publisher for any reproduction, publication, copy of the various contents. It undertakes to use the content of the Site in a strictly private context, any use for commercial and advertising purposes is strictly prohibited.
Any total or partial representation of this Site by any means whatsoever, without the express written authorization of the Publisher would constitute an infringement punishable by article L 335-2 and following of the French Intellectual Property Code.
It is recalled, in accordance with article L122-5 of the French Intellectual Property Code, that the User who reproduces, copies or publishes the protected content must cite the author and his source.
ARTICLE 5: Liability
The sources of the information disseminated on the Site are deemed reliable but the Publisher does not guarantee that it is free from defects, errors or omissions.
The information provided is presented for information and general purposes without contractual value.
Despite regular updates, the Publisher cannot be held responsible for the modification of the administrative and legal provisions occurring after publication. Similarly, the Publisher cannot be held responsible for the use and interpretation of the information disseminated on the Site.
It is recalled that the secrecy of correspondence is not guaranteed on the Internet network and that it is up to each Internet user to take all appropriate measures to protect their own data and/or software from contamination by possible viruses circulating on the Internet.
The Publisher cannot be held responsible for any viruses that could infect the User's computer or any computer equipment, following use, access or download from the Site.
The Publisher cannot be held liable in the event of force majeure as defined by the regulations.
ARTICLE 6: Hypertext links
Hypertext links may be present on the Site. The User is informed that by clicking on these links, he will leave the Site.
The hypertext links established in the direction of other sites from the Site cannot, under any circumstances, engage the responsibility of the Publisher of this Site, in particular if the visit, by the User, of one of these sites, caused him harm.
The creation of hypertext links to the Site is subject to the prior agreement of the Publisher.
ARTICLE 7: Cookies
When consulting this Site, cookies (login cookies) are placed on your computer, tablet or smartphone. The Publisher can, in particular by using cookies, make the content or information present on its Site more relevant and adapt it to the User's personal needs. Under no circumstances can the Publisher identify a user by a cookie. In practice, the Publisher uses cookies to track audience measurements. The cookies used by the Publisher on this Site are therefore functional, technical and audience measurement cookies.
The User can accept or refuse cookies from the cookie information banner or manage cookie settings using the “Cookie management” menu at the bottom of the page. For more information on cookies, the User can consult the CNIL website.
ARTICLE 8: Independence of clauses
If one of the provisions of these GCU were cancelled, this nullity would not entail the nullity of the other provisions which will remain in force between the parties.
ARTICLE 9: Applicable law and competent jurisdiction
The GCU are subject to French law.
In the event of a dispute and the impossibility of reaching an amicable solution, any dispute will be brought before the Commercial Court of Blois.
For any question relating to the application of these GCU, the User can contact the publisher at the contact details listed in ARTICLE 1.