General terms and conditions of sale
General conditions of use of the site www.CarAvenue.com
All Users must be aware of these General Conditions of Use (hereinafter referred to as "CGV") which define the rules for using this website. The simple use of this website implies full acceptance of the GTC. These T & Cs are without prejudice to the general conditions of sale which they supplement.
Article 1 - Legal information
This website is published by Garage CAR AVENUE SARL, whose registered office is located at 10A rue de l'Alzette, L-3396 Roeser, Grand Duchy of Luxembourg, registered in the Trade and Companies Register under number B155.477 , Telephone: +352 263 659 27 or +33 6 33 47 68 20 (hereinafter referred to as "CAR Avenue").
This website is hosted by Gandi.
Article 2 - Definitions
In the CGV, words or expressions starting with a capital letter have the following meaning:
Site: this website, in particular accessible at the following address: www.CarAvenue.com.
User: The User is any person visiting one or more pages of the Site or one of the services offered on the Site.
User Content: The term "User Content" designates the data transmitted by the User in the various sections of the Site.
Article 3 - Purpose
The CGV govern the access and the use of the Site.
Any access and / or use of the site www.CarAvenue.com, including sending an email to CAR Avenue by means of a "mailto" type link available on the Site, implies acceptance and respect of all the terms of these GTC and their unconditional acceptance. They therefore constitute a contract between CAR Avenue and the User.
In the event that the User does not wish to accept all or part of these general conditions, he is asked to renounce any use of the Service.
CAR Avenue reserves the right to modify the GTCS at any time by publishing a new version of these on the Site. These changes will come into force as soon as they are posted on the Site and will therefore be enforceable against any Internet user from that moment.
CAR Avenue advises anyone visiting the Site to save or print the GTC, without however modifying them.
Article 4 - Warning and non-liability
The information contained on the Site is exclusively of a general nature and does not relate to the specific situation of a natural or legal person.
They are not necessarily complete, exhaustive, exact or up to date. They sometimes refer to external sites over which CAR Avenue has no control and for which it declines all responsibility.
CAR Avenue is only bound by a simple obligation of means concerning the information it makes available to people who access the Site.
Even though CAR Avenue has taken all steps to ensure the reliability of the information contained on the Site, it will endeavor to correct the errors which will be reported to it and cannot incur any responsibility for errors, omissions, or for the results which could be obtained by the use of this information.
Consequently, the User who becomes aware of information on the Site is responsible for any use that could be made of it. He is responsible in particular for verifying or having verified, by any lawyer of his choice, whether the information thus collected is suitable for his personal situation.
CAR Avenue wishes to limit as much as possible the inconveniences caused by technical errors. However, some data or information present on the Site may not have been created or structured in error-free files or formats, so that CAR Avenue cannot guarantee that the service will not be interrupted or otherwise affected by such. problems.
CAR Avenue declines all responsibility for problems of this type which may result from the use of this site or any other external site to which it refers.
This disclaimer is not intended to limit CAR Avenue's liability in a manner contrary to the requirements of applicable national law or to exclude its liability in cases where it cannot be.
Article 5 - Contact requests
The User can contact CAR Avenue, using the various forms on the Site.
The purpose of these contact requests is:
- a request for information,
- a subscription request to a newsletter produced by CAR Avenue,
- an appointment request,
- a vehicle test request.
CAR Avenue will use its best efforts to respond to any contact request made by a User. However, CAR Avenue does not undertake in any case to provide a response or to acknowledge receipt of the User's request.
CAR Avenue will use its best efforts to respond to any contact request made by a User. However, CAR Avenue does not undertake in any case to provide a response or to acknowledge receipt of the User's request.
CAR Avenue does not make a commitment to the User to send it one or more newsletters on a regular basis.
Article 6 - Protection of personal data
The User is informed that his registration on the Site gives rise, for CAR Avenue, to the collection and automated processing of personal data concerning him, the use of which is subject to the provisions of the law of 2 August 2002 relating the protection of individuals with regard to the processing of personal data, as amended.
6.1 - Purposes
Personal data concerning the User is collected in order to:
To allow CAR Avenue to respond to user requests;
The data will also be used to produce anonymous statistics regarding the use of the site.
6.2 - Type of data collected
The types of data collected are:
For information and assistance purposes: emails stored in the functional mailboxes to which questions are addressed may contain, in addition to the email address of the sender, the name and surname of the sender, his address, his number phone.
6.3 - Data controller
Data will in principle only be processed by CAR Avenue staff. Anxious indeed to always better meet the expectations of Site Users, it is possible that CAR Avenue shares certain information with its technical service providers. Users' personal data will not be transmitted to any other third party.
The person in charge of data management can be contacted:
By email to rgpd@caravenue.com
By phone at +352 263 659 27
6.4 - Data retention
These data are only kept and used for the detailed purposes above. They are kept for the duration necessary for the purposes for which they are collected and processed.
Any contact request will give rise to the retention of the User's email address for the purpose of sending them, by email, periodic newsletters. The User who no longer wishes to receive CAR Avenue's newsletters by e-mail, may oppose it by clicking on the link provided for this purpose, present in each newsletter.
CAR Avenue will not disclose personal data to third parties for direct marketing purposes.
Mandatory fields on the forms are marked as such with an asterisk.
6.5 - Cookies policy
CAR Avenue uses "cookie" technology, which statistically processes data, and provides detailed information regarding the number of people who have accessed the Site, how to access the Site, and the number of times they went to the Site.
CAR Avenue installs a cookie on the User's computer. A cookie does not allow CAR Avenue to identify the User. In general, it records information relating to the navigation of the User's computer on the Site (the pages consulted, the date and time of the consultation, etc.) that CAR Avenue can read during subsequent visits. . In this case, it contains the information that the User has provided. The duration of storage of this information in the User's computer is [1 year].
The User can oppose the registration of "cookies" by configuring their navigation software.
6.6 - Security
Respect for privacy and the protection of personal information that the User transmits to CAR Avenue are essential and CAR Avenue strives to secure them by using all the means at its disposal. As such, CAR Avenue implements its best efforts to ensure the protection of data relating to its Users and ensures, in this area, a degree of security in accordance with standards and customs in force.
Article 7 - Intellectual property
The Site, its content (not otherwise attributed) and all the elements constituting it are creations for which CAR Avenue is the holder of all the intellectual property rights and / or has obtained exploitation rights, in particular under copyright, design law, database law, trademark law.
CAR Avenue is a registered trademark. Any use of this mark is prohibited without the prior written consent of its owner.
The Site, as well as the software, database structures, texts, information, analyzes, images, photographs, graphics, logos, sounds or any other data contained on the Site remain the exclusive property of CAR Avenue or, where applicable, of their respective owners with whom CAR Avenue has concluded user agreements.
They may in no case be reproduced, used or represented without the express written authorization of CAR Avenue, under penalty of legal proceedings. In order to obtain this authorization, the Site webmaster should be contacted at the following address: rgpd@caravenue.com.
CAR Avenue grants the User a non-exclusive and non-transferable right to use the Site as well as original spirit works and data contained on the Site. The right thus conceded consists of (i) a right to consult online the original works of mind and data contained on the Site and (ii) a right of reproduction consisting in printing and / or saving these works of the 'original spirit and data consulted. This right of use is only intended for strictly private use. All other rights are expressly reserved by CAR Avenue.
Any other use of the Site, and in particular commercial, on the part of the User is prohibited without the express written consent of CAR Avenue.
The User notably refrains, in a non-exhaustive manner, for a use other than private, from reproducing and / or representing, downloading, selling, distributing, broadcasting, translating, adapting, exploiting, distributing, diffusing and communicating fully or partially under whatever form it is, on a commercial basis or not, any work of the original spirit or data contained on the Site.
Article 8 - Hypertext links
Any hypertext link to the Site, regardless of the type of link, is not authorized. It must be the subject of a prior communication / authorization from CAR Avenue. In order to obtain this authorization, the Site webmaster should be contacted at the following address: rgpd@caravenue.com
The Site may include hypertext links to other sites.
On the day of their creation, CAR Avenue made sure, as far as possible, that these websites and other internet sources did not contain content that contravenes European laws.
CAR Avenue can not be held responsible for the provision of these sites and external sources except to the extent that the page or internet source to which a hypertext link was created contained content violating European laws at the time of its creation.
CAR Avenue cannot therefore bear any responsibility for the content, advertising, products and services available on or from these sites or external sources offered after the creation of the hypertext link on its Site. By express agreement, it is up to the User to provide proof of the fact that said hypertext link was created after the dissemination of this content, advertising, products or services.
The User therefore recognizes that CAR Avenue cannot be held responsible for any damage or loss, proven or alleged, consecutive to or in connection with the use or the fact of having read the content, advertisements, products or services available. on these external sites or sources.
If as part of a search conducted on the Site, the result thereof led a User to point to sites, pages or forums whose title and / or content constitute an offense under French law, account given in particular of the fact that CAR Avenue cannot control the content of these external sites and sources, the User must interrupt his consultation of the site concerned except to incur the sanctions provided for by French law or to answer legal actions brought against him .
Finally, if, in spite of our efforts, one of the hypertext links on the Site pointed to a site or an internet source whose content was or appeared not to comply with the requirements of the law to a User, the latter undertakes to immediately contact CAR Avenue: rgpd@caravenue.com to communicate the address of the pages of the site in question. CAR Avenue then undertakes to study the said site and to inform the User of the action it intends to take, within a reasonable time. The User undertakes not to institute legal proceedings against CAR Avenue before having received a response from him. The User also undertakes to institute legal proceedings against CAR Avenue only in the event of his refusal to delete the said link.
Article 9 - Liability
CAR Avenue is only partially responsible for the content of the pages it publishes.
CAR Avenue can in no way be held responsible for any damage that may occur on the User's computer system and / or for the loss of data resulting from the use of the Site by the User.
CAR Avenue cannot be held responsible for facts other than those relating to the editing of the Site.
CAR Avenue does not guarantee the availability or performance of the Site. The User cannot seek responsibility for CAR Avenue on the grounds of a lost profit, loss of chance or turnover. CAR Avenue's liability can only be sought for proven fault and for direct and foreseeable damage, exclusively caused by CAR Avenue's failure to fulfill its obligations.
CAR Avenue cannot be held responsible for the non-functioning, impossibility of access or malfunctions of the Site attributable to unsuitable equipment, malfunctions of the services of the access provider of Users, to those of the internet network. It will be the same for all other reasons outside CAR Avenue.
In addition, the User acknowledges that the characteristics and constraints of the internet network do not guarantee the availability and proper functioning of the Site. Consequently, CAR Avenue does not guarantee that the Site will operate without interruption or error. As such, it is specified that:
- the Site is accessible 24 hours a day, 7 days a week except in cases of force majeure or events beyond the control of CAR Avenue,
- CAR Avenue may have to interrupt access to all or part of the Site, to all or part of the Users, temporarily for maintenance reasons aimed at the proper functioning of the Site, without notice and without this interruption being able to give entitlement any compensation for the User.
The User waives seeking CAR Avenue's responsibility for these service interruptions or operational disruptions.
The internet being accessible to all and, in particular, to malicious people, Users recognize that CAR Avenue cannot guarantee the secrecy of correspondence exchanged by the means made available to Users.
The User declares to be well informed of the intrinsic characteristics of the internet and in particular
the fact (i) that the transmission of data on the Internet only benefits from a relative reliability, these circulating on heterogeneous networks, with various characteristics and capacities, which are sometimes saturated at certain times of the day and of likely to affect download times or accessibility to data, and (ii) that the internet is an open network and, therefore, the information it conveys is not protected against the risk of misappropriation, intrusion into his system, hacking of data, programs and files from his system, contamination by computer viruses, and (iii) that it is his responsibility to take all appropriate measures to protect the data, files or programs stored in his system against contamination by viruses as attempts to intrude into his system.
ANGLAIS
FRANÇAIS
ARABE
1339/5000
Article 10 - Partial invalidity
If one or more stipulations of the GTC are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, they will be deemed unwritten and the others stipulations will remain in force.
Article 11 - Titles
In case of difficulty of interpretation between any of the titles appearing at the head of the clauses and any of the clauses or between several titles, the titles will be declared non-existent.
Article 12 - Language of the Contract
Only the French language version of the GTC is authentic between the parties and may be produced in court.
Article 13 - Applicable law
The GTCS are subject to European law.
Article 14 - Assignment of jurisdiction
In the event of a dispute between the parties arising from the formation, interpretation, execution and / or termination of the contract, and after an attempt to find an amicable solution, express jurisdiction is attributed to the French courts, notwithstanding plurality of defendants or call in guarantee, even for emergency procedures or conservatory procedures or summary proceedings or by request.
Article 15 - Photo Credits
Manufacturer websites and image banks.
These General Terms and Conditions were updated on October 18th, 2018.