Terms of Service
HOLDHAM (hereinafter “ HAMELIN ”) welcomes you to its website dayvia.com (hereinafter the “ Site ”).
In order to provide you with the best browsing experience possible, HAMELIN has drafted these General Terms and Conditions of Use (hereinafter the “ GTU ”), which inform you about the content of the Site and the terms of its use.
The T&Cs are concluded between the company HOLDHAM, RCS Caen n° 552 132 961, and the persons wishing to consult the Site (hereinafter the " Users ").
HOLDHAM and the Users will hereinafter be collectively referred to as the “Parties”.
The use of the Site and the services offered is governed by these T&Cs, supplemented by the “Personal Data” Policy and the “Cookies” Policy. The purchase of the products referenced on the Site is governed by the “General Conditions of Sale”.
Consequently, any User wishing to use the Site, visit its various pages and benefit from the services must first read and accept the T&Cs in their entirety. In any case, the fact of consulting the Site implies the User's full and unreserved acceptance of the rules set out below.
The fact that one of the Parties does not take advantage at a given time of one of these conditions cannot be interpreted as a waiver to take advantage of them later.
The cancellation of a clause of the T&Cs will not affect the validity of the T&Cs as a whole.
The User may at any time consult the most recent version of these T&Cs at the following address: https://DAYVIA.com/pages/mentions-legales
- LEGAL NOTICE
The DAYVIA.com Site is produced and edited by: HOLDHAM - SA
RCS of Caen n° 552 132 961 with a share capital of €2,800,000 whose registered office is located at 1 RUE DU CAMPUS, 14200 HEROUVILLE SAINT CLAIR.
Director of publication: Mr ERIC JOAN
The Site is hosted by Shopify International Limited. Private company limited by shares, incorporated in Ireland under registration number 560279, whose registered office is at 2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland.
Contact: firstname.lastname@example.org .
- SITE LOGIN / NAVIGATION
To use the Site, the User connects to the Site at DAYVIA.com .
Access to the Site and its various pages is not subject to the creation of a user account.
- WEBSITE PRESENTATION
The purpose of the Site is to present and offer for online sale the products marketed by HAMELIN under the “DAYVIA ” brand (hereinafter together “ Products ”).
The Site may also disseminate information concerning the activities of HAMELIN and its brands.
In addition, the Site may disseminate information relating to promotional operations and offers subscription to a newsletter. It also allows the User who so wishes to publish opinions concerning the Products.
The Site offers a contact form that any User can complete if they need to contact HAMELIN.
HAMELIN strives to provide clear, accurate and up-to-date information, particularly concerning the characteristics of its products. However, HAMELIN cannot guarantee the exact updating of this information. In order to best fulfill this objective, the User may report any erroneous or inaccurate information that he has found by sending an email to the following address: revision.my-DAYVIA@hamelinbrands.com.
- WEBSITE CONTENT
- 1 Website
The Site and any software used in connection with it may contain confidential information as well as data protected by intellectual property rights. Thus, unless otherwise stated, the intellectual property rights on the web pages and on any data of any kind contained in the Site and each of the elements making up the Site (images, illustrations, sounds, texts, graphic elements, etc.), including software, databases and newsletters are the exclusive property of HAMELIN and/or any company in the group to which HAMELIN belongs (hereinafter the “ Content ”) or of third parties who have granted HAMELIN a right of use. The User is not granted any license or any right other than that of consulting the Site.
The reproduction of all or part of the Content is only authorized for the exclusive purposes of information for personal and private use, any reproduction and any use of copies made for other purposes in any way whatsoever and in any form whatsoever being expressly prohibited. It is also prohibited to copy, modify, create a derivative work, assemble, decompile (except as provided by law), sell, assign, sublicense or transfer in any way whatsoever any right relating to the Content. . It is also prohibited to modify all or part of the Content and in particular the software or to use modified versions of the software with a view in particular to accessing the Site by any means other than the interface which is provided to Internet users for this purpose.
The use of all or part of the Content without written authorization from HAMELIN, in particular for commercial purposes, is prohibited under penalty of criminal and/or civil proceedings.
To obtain HAMELIN's written authorization to use all or part of the Content, the User may contact HAMELIN's Marketing department at the following address: email@example.com
- 2 Brands
All trademarks or logos appearing on the Site are the property either of HAMELIN, or of a company in the group to which HAMELIN belongs, or of its service providers, partners or suppliers. Any use, in any manner whatsoever, of these trademarks and/or logos and/or any other Content is subject to the express authorization of HAMELIN or the holder of the intellectual property rights concerned.
Users of the Site are prohibited from making any use of the "DAYVIA" trademarks (whether word marks or semi-figurative marks) and more generally from infringing the intellectual property rights of HAMELIN and/or any company of the group to which HAMELIN belongs.
- 3 Hyperlinks
HAMELIN reserves the right to request the deletion of any link to the Site which has not been, or is no longer, authorized and which would harm it and/or any company in the group to which HAMELIN belongs.
- ONLINE PRODUCT OFFER
The User can order Products from HAMELIN online on the Site.
The online sale of Products is governed by the General Conditions of Sale that the User must accept before any order.
The order of Products online on the Site by the User is subject to the prior creation of a user account.
- CREATE AN ACCOUNT
The User can create a user account, either when placing his order, or by clicking on "My account", at any time during his navigation.
The account is created by filling in the fields of the corresponding form. The User who creates an account agrees to complete the form in good faith, to provide accurate information and not to use a false identity. The User can modify the information he has entered at any time in the "my account" section.
The creation of the account requires the creation of a password: the User agrees to keep the password confidential and acknowledges that HAMELIN cannot be held liable in the event of disclosure whether or not caused by an act of negligence on his part.
In the event that the User forgets his password, he can enter his login email address provided at the time of registration and click on "forgotten password". An email will then be automatically sent to him with a new password. He can also reset his password at any time in the “my account” section.
In the event that the User no longer uses his account for an uninterrupted period of three years, HAMELIN may consider his account to be inactive. Consequently, HAMELIN will send an email to the User, informing him of the new status of his account. If the User does not respond within the period indicated in the email, HAMELIN may then proceed to delete his account.
HAMELIN may organize contests on the Site.
To participate, the User must complete the contest form and accept the conditions of the applicable contest rules, prior to participation.
- HAMELIN NEWSLETTER
The User has the possibility of registering free of charge via the Site for a newsletter allowing him to receive information relating to the Products and the promotional offers made on the Site if the User has previously consented to receive these offers by email.
If the User wishes to benefit from this newsletter, he is invited to subscribe to it by completing the corresponding form or by checking the box provided for this purpose when he creates a user account.
- PUBLICATION OF NOTICES
The User has the possibility of rating the Products that he has purchased via the Site, as well as leaving a notice concerning them.
In this context, the User is invited to complete the form made available to him for this purpose on each product page. He is informed that he cannot modify his opinion after he has posted it.
The publication of a notice by a User does not give rise to any compensation for the benefit of the latter.
- 1 Rules of good conduct
The User is solely responsible for the opinions he wishes to post on the Site and undertakes not to post opinions:
- containing e-mail addresses, URLs, telephone numbers, postal addresses or other information (surname, first name, etc.) that would identify the User or any other person;
- including critical comments on reviews or on the Site;
- infringing the rights of third parties, particularly in terms of intellectual property rights or privacy;
- containing violent, abusive, defamatory or racist remarks, offending good morals, or otherwise legally reprehensible;
- containing a virus, or any programs of any kind whatsoever, likely to cause damage to the Site, to users of the Site or to their property.
- integrating hypertext links pointing to sites that do not comply with the legislation in force or that are likely to harm the interests or image of HAMELIN or any other company in the group to which it belongs;
- publishing unsolicited messages of an advertising nature (eg SPAMS).
- content contrary to these T&Cs.
The User also agrees to post authentic reviews.
All notices may be read by moderators after they have been posted on the Site, in particular in order to verify that the notices comply with these rules. HAMELIN reserves the right to remove any notice from the Site, in particular if it violates the stipulations set out in these T&Cs and/or damages HAMELIN's brand image.
If HAMELIN deems it necessary or if it is legally required to do so, it may contact a User who has published a notice.
- 2 Period of publication and retention of notices
Reviews are published automatically after they are sent. They are then kept as long as the product concerned by the opinion remains available for sale, on the Site or in points of sale.
- 3 Permission to Use Reviews
By posting any opinion on the Site, each User authorizes HAMELIN to use its opinion on the Site and to reproduce and communicate its opinion to the public within the framework of HAMELIN's internal or external communication actions. These authorizations are granted free of charge and non-exclusively for the whole world and for the duration of the publication of the notices on the Site.
- CONTACT FORM
The User has the possibility of contacting HAMELIN by means of the contact form made available to him.
By completing the contact form, the User guarantees that the information he provides is accurate.
The User's request will then be forwarded to HAMELIN customer service, which will endeavor to process it as soon as possible.
- THIRD-PARTY SITES
The Site may include hypertext links to other websites offered by third parties (hereinafter “Third Party Sites”).
HAMELIN does not control the accuracy of the information contained therein or its content. It is not required to exercise control over the quality, legality, veracity or accuracy of the information published on the pages to which these hypertext links refer.
Consequently, HAMELIN cannot under any circumstances be held liable for damages resulting from the use of, access to, or inability to use the information or content of Third-Party Sites.
12.1 Access to and operation of the website
Any User of the Site is personally responsible for setting up the IT and communication means allowing access to the Site and the knowledge necessary for the use of the Internet and access to the Site. The User is responsible for the connection and equipment costs related to Internet access and use of the Site, according to the terms and conditions set by its access providers and/or its electronic communications operators.
The User is aware of the risks of misappropriation and contamination by possible viruses circulating on the Internet. HAMELIN cannot be held responsible for such malfunctions or in the event of interruption of Internet communications.
It is recalled that the act of accessing or remaining fraudulently in a computer system, of hindering or distorting the operation of such a system, of fraudulently introducing or modifying data in a computer system constitute offenses punishable criminal penalties.
12.2 Limitation of Liability
HAMELIN strives to ensure the accuracy and updating of the information disseminated on this Site, and reserves the right to modify, at any time and without notice, the content or presentation of this Site. However, it cannot guarantee its completeness or the absence of modification by a third party (intrusion, virus).
HAMELIN cannot be held responsible for any decision taken on the basis of information contained on this Site, nor for the use that may be made of it by third parties and in particular disclaims any liability arising from the transmission of information confidential on the Internet.
HAMELIN cannot be held liable for elements beyond its control and for any damage that may possibly be suffered by the technical environment of any User and in particular, their computers, software, network equipment (modems, telephones, etc.) and any hardware used to access or use the Service and/or Information.
- PERSONAL DATA
HAMELIN collects and processes the personal data of Site Users who choose to complete the contact form, publish a review, subscribe to the newsletter or order Products on the Site.
The personal data collected by HAMELIN is processed in accordance with the legal provisions in force in France.
- MODIFICATION OF THE TOS
HAMELIN reserves the right to modify all or part of the T&Cs at any time in order to adapt them to changes in its operation and/or to changes in legislation.
In any event, the applicable T&Cs are those in force on the day of use of the Site.
HAMELIN invites Users to consult the T&Cs each time they use the Site.
- APPLICABLE LAW / SETTLEMENT OF DISPUTES
The T&Cs are subject to French law.
Any disputes relating to the T&Cs will be submitted to the competent French courts.
In the event of a dispute relating to the purchase of Products via the Site, HAMELIN invites the Consumer User to refer to HAMELIN's general conditions of sale. In this respect, the User having the quality of consumer will have the possibility of seizing the mediator appointed by HAMELIN and whose contact details are indicated in the general conditions of sale.
For any question or complaint relating to the Site, the services, his personal data, the User can contact HAMELIN at the following coordinates:
By post : HAMELIN SAS – DAYVIA E-commerce Department – 17, avenue du parc - 91380 Chilly-Mazarin
By phone : 01 81 86 06 18
By email : firstname.lastname@example.org