1. Application
1.1. By using and accessing this Site, software tools, applications and any other related Emotion Funéraire services, you agree to be bound by the terms of our Privacy and Cookie Policy, by the Conditions specific to certain products and by the T&Cs which follow (the “Funeral Emotion Conditions”), and by any other conditions (including, but not limited to, those indicated above), policies, indications, restrictions or additional rules which may be published in connection with certain portions or services of this Site (“Additional Terms”). All such Additional Terms are incorporated by reference into the agreement between Emotion Funéraire and you as a customer at the time you access, use or accept the relevant section, service or function. elsewhere the applicability of these Conditions. The Funeral Emotion Terms and any Additional Terms to which you have agreed constitute the entire agreement between us with respect to its subject matter and supersede all prior agreements, representations and understandings.
1.2. If you are using this Site on behalf of a company, organization or other entity of any nature, you represent and warrant that you are authorized to agree to these Funeral Emotion Terms on its behalf and to bind such company, organization or entity to these Terms.
1.3. The Conditions of Emotion Funéraire govern any offer relating to an Emotion Funéraire product or service on our Site, as well as any transaction, order or agreement made through our Site.
1.4. The applicability of the conditions of use of the client or a third party on behalf of the client is expressly excluded, and said conditions of use do not apply even if Emotion Funéraire has not expressly rejected them.
1.5. Emotion Funéraire reserves the right to modify this Site and these Conditions of Emotion Funéraire at any time without prior notice. We advise you to re-read the Conditions of Emotion Funéraire each time you access this Site.
2. Your account
Before you can place an order online or use certain services or features offered on this Site, you must create an Emotion Funéaire account. We provide you with a single authentication function. Please read the “Your Account” section in the Account Terms and Conditions.
3. Conditions of sale
All of our offers and promotions are made without obligation and are conditional on availability and confirmation of the order. Any contract between you and Emotion Funéraire is conditional on our acceptance of the order and will only come into force when you receive order confirmation by email.
4. Limited-use media
4.1. This Site contains graphics, photographs, images, document layouts, models, artwork, text, visual elements, illustrations, logos, audio materials, videos, music, fonts, blog posts, software tools, trademarks, service marks, media content owned by other users through embedded feeds from social networks, images and footage from providers of libraries and other information (“Content”). This Site and all its Content are protected by the intellectual property of Emotion Funéraire or parties who have given Emotion Funéraire a license of use. All rights to this Site and its Content are reserved worldwide.
4.2. It is strictly prohibited to sell, license, rent, modify, retain, copy, reproduce, distribute, publish or use any part of the Content, except as expressly authorized in these Funeral Conditions.
4.3. Emotion Funéraire reserves the right to add, delete or modify any part of the Content at any time without prior notice. Any modification of the Content, by You or by Emotion Funéraire, remains the property of Emotion Funéraire and/or its licensors.
4.4. The graphics tools and services provided on this Site use various graphics elements, including product models, images, fonts, color schemes, visual elements, illustrations, logos, photos and graphic effects. Emotion Funéraire reserves the right to use these graphic elements and make them available to third parties in the future. By creating and/or integrating a graphic design into one or more products, you do not obtain any rights or possibility of claim.n on individual graphic elements. Other Emotion Funéraire customers may use the graphics tools and services to create Graphics (defined herein to include graphics and/or logos) featuring combinations of graphic elements similar or identical to yours, and Emotion Funéraire does not guarantee that your Graphics will not resemble other Graphics designed and used by third parties. If you create a Graphic which is a derivative work based on or incorporating graphic elements and/or other Content, all rights relating to these graphic elements or Content will continue to belong to Emotion Funéraire or its licensors license.
4.5. Emotion Funéraire makes no warranty that the Graphics designed using the graphics tools and services and the Content do not infringe any trademark or other third party rights or are not the subject of a claim for such violation. Consulting an attorney regarding the legal availability of a Graphic for your particular use and its non-infringement of third party rights is your sole responsibility. You are also solely responsible for determining whether a license or other additional rights are necessary in connection with the intended use of your Graphic and for obtaining such additional rights.
5. Use of the Site and its Content
5.1. You have permission to access this Site and its Content and use them for the purposes of preparing, evaluating and ordering products or services solely by Emotion Funéraire (hereinafter referred to as the “Products”). No further downloading or retention, use, publication or distribution of any part of the Content is authorized or permitted. The Products you have obtained from Emotion Funéraire do not authorize you to use any part of the Content, except for the finished Products provided to you by Emotion Funéraire.
5.2. You agree to use this Site responsibly, in accordance with these Funeral Emotion Terms and your local laws and regulations, including import and export regulations.
6. Restrictions on Use
6.1. Without limitation, no part of the content may be used:
a) to sublicense, resell, rent, lease, loan, assign, give or otherwise transfer or distribute the rights granted to you under these Funeral Emotion Terms;
b) in such a way as to transmit or obtain exclusive rights to all or part of the Content;
(c) for illegal or discriminatory use or purposes;
d) for any use that we deem, in our sole discretion, pornographic, offensive, threatening, abusive, constituting harassment, tortious, defamatory, obscene, harmful, indecent, libelous, invasive, defamatory, hateful, inciting or promoting hatred, harassment or discrimination against others based solely on race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, illness or immigration status, or otherwise inappropriate;
e) to create, commission, publish and/or distribute any Graphics, Product or other type of information that we determine, in our sole discretion, contains content in violation of point d) of Section 6.1. above or which, in our sole discretion, is materially false, inaccurate or misleading in a manner that could mislead or confuse others about important circumstances, events or matters;
f) to violate any person's right of privacy or right of publicity;
g) to infringe any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity;
h) to cause or permit a Graphic to appear on more than 500,000 Printed Products or to be incorporated into a television broadcast, video or other digital production if the audience forecast is greater than 500,000 views/viewers in total ;
i) for any use that could reasonably be interpreted as an endorsement of any political, economic, conspiratorial movement or party or based on other opinions on the part of Emotion Funéraire, the creator of the Content or the people or establishments appearing in the Content ( if applicable);
j) in a way that places any person depicted in the Product in a bad light or that they may find offensive (for example, use of pornography or adult content; tobacco advertisements; entertainment club advertisements for adults or similar placesires, including prostitution, escort services or the like, whether legal or not; political support) or in a manner that suggests mental or physical illness or deficiency; Or
k) that in any way, whether intentionally or unintentionally, violates applicable local, national and international laws, rules and regulations.
6.2. For the avoidance of doubt, no Content, in whole or in part, may be used alone as a trademark or service mark. You agree and acknowledge that any trademark or service mark rights you may have in your Product or Graphic arise from your original combination of the Content with other visual graphics provided or created by you and are limited to that combination. You agree and acknowledge that others may use similar portions of the Content for similar goods and services.
6.3. Emotion Funéraire reserves the right, in its sole discretion, to refuse the content you provide or to refuse to process or fulfill an order, at any time and for any reason. Emotion Funéraire further reserves the right, in its sole discretion, to temporarily or permanently suspend and/or terminate its service to you and/or your account(s) at any time and for any reason, including , but not limited to, your violation of the Funeral Emotion Terms and/or Additional Terms, your use of the Site and/or our products and services for inappropriate purposes or your participation in unwanted activities, in each case as determined by Emotion Funéraire in its sole discretion. These measures are entirely at the discretion of Emotion Funéraire and no correspondence will be exchanged. You agree that Emotion Funéraire has no liability of any kind to you or to any third party following such refusals, suspensions or terminations.
6.4. By placing an order on this Site, you represent and warrant that you have all necessary authority, permissions and rights to place the order and that you authorize Emotion Funéraire to manufacture the Products on your behalf. So that Emotion Funéraire can honor your order or offer you the products requested, you authorize us to copy, modify, distribute, use and vectorize any content downloaded by you, as well as to create derivative works from it. In addition, you declare and guarantee that you have the rights allowing you to authorize Emotion Funéraire to copy, modify, distribute, use and vectorize any content downloaded by you, as well as to create derivative works from it, so that we may fulfill your order or provide you with the requested marketing products or services.
6.5. You agree that you are responsible for protecting your password and controlling access to your registered account. You agree to be responsible for all orders placed or other actions taken through your registered account.
7. Delivery, Title and Risk
7.1. Funeral Emotion will deliver the Products to the address specified in the Order Confirmation, provided that all applicable payments have been received in full by their appropriate due date. They will be packaged using standard Emotion funeral methods and shipped in accordance with the delivery option chosen by the customer. Any time frame indicated is an estimate.
7.2. Customer agrees that the risk of loss and title for all Printed Product passes to you upon our delivery to our carrier.
7.3. The customer is required to carefully and immediately inspect all Products upon arrival, and to promptly report any defects, non-conformities or damages by means of the proof of delivery document or acceptance slip when the Products have been been shipped as part of a POD (proof of delivery) or similar service. A description of the claimed defect, breach or damage must be provided in writing at the time of delivery and signed by or on behalf of the customer. If such proof service was not included in the chosen delivery method, the customer will be deemed to have inspected the Products as soon as reasonably practicable after delivery. The customer must contact Emotion Funéraire customer service in writing (including by e-mail) or by telephone to report any defects, non-conformities or damage within 14 days of receipt of the Products. If the customer does not inform Funeral Emotion in a timely manner after receipt as indicated in this article, this will result in a voiding of the Product warranty. In the event that the order was placed by a consumer, that is to say a natural person who purchased the Product for a
use not linked to a commercial, entrepreneurial or professional activity, the aforementioned information period is extended to two months and will begin to run on the day on which the declared damages or defects are discovered or should reasonably be discovered when the order has been inspected in time useful upon receipt.
8. Right of withdrawal
8.1. If you purchase one of these products as a consumer, you can exercise your right of withdrawal in relation to the sales contract within 14 days of receipt of your order, without you having to provide a reason. If this period ends on a Saturday, Sunday or public holiday, it is extended until the next business day. To exercise this right of withdrawal in relation only to the products mentioned above for which it is applicable, please send us a letter or use the Contact Us page, indicating your name, postal address, telephone number, e-mail address. email, your order number and the products you wish to return
We will contact you after receiving your request to determine whether the right of withdrawal applies to you as a consumer and to the products in question. We will also inform you of how we want you to return the products. Please note that you will be responsible for choosing the shipping method and carrier. All returns are entirely at your own risk and expense. Once we have received the products intact and in their original packaging, Emotion funeral will reimburse you quickly (at the latest 30 days following the date on which you exercised your right) the purchase price paid for the returned products, at the latest. excluding original shipping charges and any associated return fees.
8.2. Certain products ordered from Emotion funeral are personalized by the customer, and the customer cannot therefore exercise his right of withdrawal. If you purchase one of these products as a consumer, you cannot exercise your right of withdrawal in relation to the sales contract within 14 days of receipt of your order.
If you purchase one of the following products as a consumer, you cannot exercise your right of withdrawal in relation to the sales contract within 14 days of receipt of your order:
- Granite plaque with personalization
- Altuglas plates with personalization
- Urns with personalization
- Vases with personalization
- Jardiniere with personalization
- Porcelain medallion
9. Compensation
You agree to indemnify Emotion funeral and all parties to whom Emotion funeral has granted licenses for part of the Content, as well as their directors, officers and employees, in relation to all claims, liabilities, damages, costs and expenses, including including reasonable legal fees and disbursements arising from, or relating to, (i) your violation of these Funeral Emotion Terms, (ii) any suit, claim or demand arising from, or relating to, any text, photograph, image , a graphic or other material that was not part of the Standard Content of the Site and that you uploaded or provided to Emotion funeral, or otherwise incorporated into the products. With respect to clause (ii), you acknowledge that we have the right to conduct the defense of any such suit, claim or demand.
10. Exclusion of warranty
10.1. THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-PROFIT -COUNTERFEIT. YOU ACKNOWLEDGE THAT THE OPERATION OF THE SITE MAY NOT BE CONTINUOUS OR ERROR-FREE. ALTHOUGH WE MAKE REASONABLE EFFORTS TO DISPLAY PRODUCT ATTRIBUTES ACCURATELY, WE DO NOT WARRANT THAT PRODUCT DESCRIPTIONS ARE ACCURATE, RELIABLE OR ERROR-FREE. REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR ON THE SITE. SUCH REFERENCES AND LINKS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
10.2. Please note that we cannot be held responsible for the following: spelling, grammar or punctuation errors caused by the customer, poor quality or low resolution of uploaded images, graphic design errors which are the responsibility of the customer during the creation of the Product or Graphic, errors in the selection of options by the customer, such as finish, quantity or type of product, as well as products damaged after delivery to the customer. Please preview your graphics carefully and correct any errors before placing your order. Emotion Funérairet does not verify the documents created by its clients.
before processing them.
10.3. Notwithstanding the foregoing, Emotion funéaire will have no obligation under consumer warranties or guarantees, if the declared defects, non-conformities or damages prove to have arisen as a result of misuse, misuse other than that described in the applicable manual or operating instructions, from negligence, incorrect installation or accident, or as a result of improper repair, alteration, modification , improper storage, transport or handling or if the usability is only slightly impaired.
11. LIMITATION OF LIABILITY
EMOTION FUNERAIRE, ITS LICENSORS, SUPPLIERS OR SERVICE PROVIDERS AND THEIR RESPECTIVE REPRESENTATIVES, DIRECTORS, EMPLOYEES, OR AGENTS, SHALL IN NO EVENT BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, NI DAMAGES RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT EMOTION FUNERAIRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING THROUGH, OR IN CONNECTION WITH, THE USE OR OPERATION OF THE SITE OR THE PRODUCTS OR SERVICES SOLD THEREIN, OR FOR NON-DELIVERY OF PRODUCTS OR NON-PROVISION OF SERVICES ORDERED FROM VISTAPRINT OR ITS AFFILIATES, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM ERRORS, OMISSIONS, VIRUSES, DELAYS OR SERVICE INTERRUPTIONS. IN NO EVENT SHALL VISTAPRINT BE LIABLE FOR ANY DAMAGES OR CONSEQUENCES RESULTING FROM, OR RELATING TO, YOUR INAPPROPRIATE OR UNAUTHORIZED USE OF THIS SITE, ITS CONTENT, OR OUR PRODUCTS OR SERVICES PROVIDED THEREIN. IF YOU LIVE IN A JURISDICTION WHERE THE LAW DOES NOT PERMIT ANY OF THE ABOVE-MENTIONED EXCLUSIONS OR LIMITATIONS OF LIABILITY OR ANY OF THE ABOVE-MENTIONED EXCLUSIONS OF WARRANTIES, SUCH EXCLUSIONS OR LIMITATIONS WILL NOT APPLY TO YOU, BUT ONLY TO THE EXTENT THEY ARE NOT AUTHORIZED. IN SUCH EVENT, SUCH EXCLUSIONS OR LIMITATIONS WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
12. Comments on the Site
All comments, suggestions, proposals or other feedback (collectively referred to as “Feedback Information”) sent to Emotion funeral in connection with the operation of this Site, including its content or any of the Products we offer and /or provide, must be sent by the sender and received by Emotion funeral in a non-confidential manner. These comments, suggestions and other information will become the exclusive property of Emotion funeral. By submitting this information to Emotion Funeral, you agree to transfer and assign free of charge all of your right, title and interest in such information, including copyright and other intellectual property rights. You authorize Emotion funeral to use this information freely and without restriction.
13. Confidentiality and use of cookies
In Emotion funeral's Privacy and Cookie Policy, we define how we collect, use, disclose, store and protect the information you send to us when you use our Site. This Privacy and Cookie Policy applies to all visits to our Site, to all our services and to all transactions and contracts concluded through our Site.
14. Miscellaneous
You must be at least 18 years old, or have obtained authorization from a parent or legal representative, to use this Site. By using this Site, you represent and warrant that you are at least eighteen years of age or have the authorization to do so. In the event that any provision hereof is found to be unenforceable by a court of competent jurisdiction, such provision shall be deemed modified to the extent necessary to permit the enforceability of the provision as such, or, if such modification shall be deemed not is not satisfactory in the opinion of such court, such unenforceable provision shall be deemed deleted, and the validity and applicability of the remaining provisions shall not be affected thereby.
15. Applicable Law, Jurisdiction and Dispute Resolution
15.1. The party with whom you are contracting and the seller of the products/services offered and sold on this Site is B.A.D, a private limited liability company under French law.
15.2. All matters relating to the protection, infringement or misappropriation of copyrighted materials are governed by the copyright laws of the United States of America. All other matters relating to your access to or use of this Site are governed by the laws of France. You agree that the United Nations Convention on Contracts for the International Sale of Goods does not applythat no sale is governed by these Funeral Emotion Conditions.
15.3. Any legal action or proceeding relating to or resulting from your access to or use of this Site will be brought in Lyon, France. You agree to submit to the jurisdiction of the courts sitting in Lyon, France, and agree that such courts shall have jurisdiction over any such legal action or proceeding. You also agree not to deny the jurisdiction of a court sitting in Lyon, France, in connection with any legal action or proceeding involving Funeral Emotion.
15.4. Some countries provide warranties, such as the implied warranties of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties. To the extent permitted by law, Emotion Funeral, its suppliers and distributors, disclaim all liability for loss of profits, revenue or data, financial losses or indirect, special, consequential, exemplary or punitive damages.
15.5. We recognize that in some countries you may have certain rights as a consumer. If you use the services of the Site or order a Product for personal use, nothing in these terms or in the additional terms limits the legal rights of consumers which cannot be waived by contract.
15.6. The European Commission provides a platform for out-of-court dispute resolution (ODR platform), which is accessible at this address: http://ec.europa.eu/odr. We do not agree to participate in a dispute resolution procedure before the SGC (the Dutch Foundation for Consumer Complaints Commissions).
16. Availability
Our products are offered as long as they are activated (that you can put them in the basket) on the Emotion funeral website and while stocks last. If a product is unavailable after placing your order, we will inform you by email. A similar product will be offered to you and you can accept it or cancel your order, in which case no bank debit will be made.