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GENERAL TERMS AND CONDITIONS OF USE
Dated 1 January 2019
Foreword

France Excellence SARL markets the Kesling brand of perfumery and beauty products in France and abroad. It also publishes the Website www.kesling.paris and offers sales to non-professional, and therefore private, Customers. Access to and use of the Website is subject to these General Terms and Conditions of Use, including the Legal Notices set out below, as well as applicable laws and/or regulations.

1. Legal information

The Website www.kesling.paris is published by France Excellence SARL, with a capital of €135,000, registered in the Paris Trade and Companies Register under number B 348 534 553, whose registered office is at 20 rue Labelonye 78400 Chatou France. VAT NUMBER EN 28 348 534 553. Contact: +33 (0) 1 30 15 40 40 / contact@kesling.paris.

The editing director of the Website is Mr Bashar NASRI and the company France Excellence SARL. Contact: +33 (0) 1 30 15 40 40 / contact@kesling.paris

The www.kesling.paris Website is hosted by: OVH SAS, whose registered office is located at 2 rue Kellermann - 59100 Roubaix - France, registered in the Trade and Companies Register of Lille Métropole under number 424 761 419 00045.

2. Definitions of the terms

"General Conditions of Use" and "GCU" refer to these general terms and conditions of use, applicable to Users of the Website. "Website" refers to Kesling' e-commerce website, accessible by Internet connection at the following addresses: www.kesling.paris ; www.kesling.fr ; www.keslingparfum.com.

"User(s)" refers specifically to the Internet user(s) who browse, view and use the Website, including Customers.

"Customer(s)" refers specifically to the user(s) purchasing a Product for personal use on the Website as the final consumer.

"Kesling" or "the Editor" collectively refer to the Kesling brand and the company France Excellence.

"Products" refers to the perfumery and beauty products of the Kesling brand as well as any other perfumery and beauty products offered for sale on the Website.

3. Acceptance of the GCU

The connection to, use of and access to this Website by a User imply the User’s full and unreserved acceptance of and compliance with all the provisions of these GCU.

The Publisher reserves the right to modify the Website, its content and these GCU at any time and without notice, including to develop the Website by making new functionalities available or by deleting or modifying existing functionalities.

It is therefore recommended that the User refer before any navigation to the latest version of the GTCs which is accessible at all times on the Website. In the event of disagreement with the GCU, the User may not use the Website.

4. Access and Navigation

The Website is in principle accessible to users 24/7, unless access is interrupted, whether scheduled or not, for maintenance purposes or in cases of force majeure. If it is not possible to access Website, the Publisher undertakes to do its utmost to restore access. The Publisher shall not be held liable for any damage of any kind resulting from the unavailability of the Website. Connection to and navigation on the Website imply the User’s unreserved acceptance of these GCU, irrespective of the technical means of access and the terminals used.

Any equipment used to access the Website (computer, telephone, tablet, software, telecommunication device, etc.) is the sole responsibility of the User, as are any telecommunications costs incurred.

These GCU apply to any version or extension of the Website on existing or future social and/or community networks.

5. Website management

In order to manage the Website, the Publisher may at any time:

● Suspend, interrupt or limit access to all or part of the Website, or reserve access to the Website, or to certain parts of the Website, to a specific category of Users.

● Delete any information that may disrupt its operations or contravene national or international laws.

● Suspend the Website or part of the Website in order to carry out updates or any action deemed necessary for the smooth functioning of the Website.

6. Responsibilities

The Publisher is only responsible for the content it has edited itself.

The Publisher is not responsible:

● for technical issues, computer problems or failures, or the compatibility of the Website with any hardware or software;

● for direct or indirect, material or immaterial, foreseeable or unforeseeable damage resulting from the use of or difficulties in using the Website or its services;

● for any intrinsic characteristics of the Internet, in particular those relating to the unreliable and insecure nature of the information circulating on it; In addition, the Website cannot guarantee the accuracy, completeness and timeliness of the information provided.

The User is responsible:

● for the protection of his/her equipment and data;

● for his/her use of the Website or its services;

● for his/her compliance with the letter or spirit of these GCU.

7. Intellectual Property

The Website and all the elements that make up it, such as the domain name, any trademark, logo, software, tree structure, database, graphic charter, design, illustration, animation, image, text, are protected by intellectual property rights.

Kesling is the exclusive owner of the intellectual property rights relating to the Website and all the elements that go to make it up, with the exception of photographs, videos and other media from partners and suppliers themselves. Any unauthorized, complete or partial copy, reproduction, representation, adaptation, alteration, modification, distribution, extraction or reuse, repeated or systematic, including for private purposes, of all or part of the Website, by any means whatsoever, constitutes an infringement. The reproduction of all or part of this site on any medium whatsoever is strictly prohibited without the express permission of the Publisher. No license or right other than that of consulting the Website is granted to any person with respect to intellectual property rights. The reproduction of documents on the Website is authorized for information purposes only, for personal and private use. Any reproduction or use of copies made for other purposes is expressly prohibited if not expressly authorized by Kesling.

Access to the Website does not constitute recognition of a right and, in general, does not confer any intellectual property right relating to any element of the Website, which remains the exclusive property of Kesling.

The User is prohibited from entering data on the Website that would modify or be likely to modify its content or appearance.

8. Hypertext links

The Website may contain hypertext links to other websites over which the Publisher has no control. Despite the prior and regular checks carried out by the Publisher, it declines all responsibility for the content that may be found on these other websites.

The Publisher does not authorise the publishing of hypertext links to the pages or documents on its Website, and reserves the right to have a hypertext link to its Website deleted at any time.

9. Privacy Policy & Cookies

The User is invited to consult the privacy policy, including the cookie policy applicable to the Website here.

10. Evolution and Duration of the GCU

The Website reserves the right to modify the clauses stipulated in these GCU at any time.

The duration of these GCU is indefinite. The GCU take effect from the moment the User starts to use the service.

11. Applicable law and competent jurisdiction

These GCU and the related use are subject to French substantive law.

These GCU are written in French. In the event that they are translated into one or more foreign languages, the French text alone shall prevail in the event of a dispute.

Any dispute which may arise during their validity, interpretation or execution and which has not been settled amicably by the parties hereto shall be submitted to the courts at the Seller's registered office, notwithstanding the plurality of defendants, or a warranty claim, even for urgent or protective proceedings, in particular by way of summary proceedings or petition, unless otherwise provided or expressly agreed by the parties.

For any report of illegal content or activities, the User may contact the Publisher at the following address: contact@kesling.paris, or by registered mail with acknowledgement of receipt sent to the Publisher at the address specified in Article 1 of these GCU.