Legal disclaimer and General Conditions of Use

LEGAL DISCLAIMER AND GENERAL CONDITIONS OF USE

 

        I.            Legal disclaimer

 

a.       Site Editor

 

You are currently connected to the FBD INTERNATIONAL JSC site, available at the address https://www.fbd-group.com.

 

This Site is published by FBD INTERNATIONAL JSC, with capital of EUR 500.000, registered in the Bobigny Trade and Companies Register under number 410 917 439 with SIRET number 410 917 439 00060.

 

Headquarters: Roissy Pole le Dome, Aeroport CDG 5 rue de la Haye, 93290 Tremblay en France, PO Box 10 990 F-95733 Roissy Ch. De Gaulle Cedex.

Email address: contact@fbdgroup.fr

 

Telephone: 01.49.38.95.40 

Herinafter « The Editor ".

 

b.       Publication Director and Editor

 

Publication director : Loïc Paitel (President)

Editor: B2B Marketing Communication Editor

 

c.       Site hosting and maintenance

 

The Site is hosted and maintained by Smile Hosting – Joint Stock Company with capital of 814 314.88 euros, registered in the Nanterre TRade and Companies Register under number 378 615 363 -BP 50779 – 20 rue des Jardins 92600 Asnières-sur-Seine. Tel +33 0141 401100.

 

 

      II.            Crédits

 

The current version of the Site was designed and developed by Smile.

 

    III.            General Conditions of Use

 

1.       Préambule

 

The present General Conditions of Use (hereinafter « GCU ») have the purpose of defining the conditions of access and use for websites and mobile applications and different services offered herewith (hereinafter the « Site ») edited by FBD INTERNATIONAL.

 

Access and use of the Site is subject to compliance with these GCU by each user browsing all or part of the Site (hereinafter the "User") who shall fully agree to respect these terms for as long as they use the aforementioned Site.

 

In case of disagreement with the present GCU, the User must stop using the Site immediately.

 

 

2.       Accès au Site

 

The User may access the Site freely and without charge, without registering or creating an account. Charges for access and use of the telecommunications network are to be borne by the User.

 

Some pages of the site contain PDF documents. You will need to use the Acrobat Reader program to read these documents.

 

The User declares to hold the required competencies and resources to access and use the Site; the User accepts in particular to have checked the computer equipment used to connect to the Site (computer, smartphone etc.)    is not infected with any viruses and is in a proper functioning state.

 

The Site is accessible on a 24/7 basis except in the case of onset of an event of force majeure, or any other event beyond our control, in particular those related to technical difficulties. In addition, for reasons of maintenance, FBD INTERNATIONAL may interrupt access to the Site, for which it will endeavour to notify Users in advance

 

FBD INTERNATIONAL cannot guarantee constant, error-free functioning of the Site.

FBD International is not liable for an obligation of means concerning function and continuity of the service and will not be held responsible for results concerning inaccessibility of the Site and is not in any case responsible for interruptions or their resulting consequences.

 

FBD INTERNATIONAL reserves the right to suspend, interrupt, or limit access to al or part of the site without prior warning, in particular for update operations.

 

The User is informed that FBD International may cease or modify the characteristics of services offered on the Site at any moment and without prior warning, without the User being able to make any complaint and/or claim any compensation whatsoever.

 

FBD International may not be held responsible for any harm resulting from use of the Site, whatever the cause.

 

In addition, FBD International accepts no responsibility:

 

-     For any interruption to the service which is accidental or due to circumstances beyond our control;

-     For the occurrence of bugs or technical incompatibilites with the User's equipment;

-     For any damage resulting from fraudulent intrusion by a third party coming from the modification of available information;

-     For any damage that may be caused to the User's equipment, following their access to the present Site and its services, as well as following the use or download of one of its components.

 

 

3.       Intellectual property

 

Site content, its general structure and presentation along with texts, photographs, animated or still images, logos, graphics and/or any other constituent element are covered by intellectual property rights held by FBD INTERNATIONAL.

 

Any representation, imitation or reproduction, in whole or in part, of all or part of the Site by any means whatsoever, for any purpose whatsoever without our express prior written consent constitutes a breach of contract of the present General Conditions of Use and constitutes an infringement prohibited by French legislation and international treaties relating to the protection of intellectual property and/or a fraudulent extraction of data set out in Article 323-3 of the Criminal Code.

 

For all information or request for reproduction or use of content from the Site (text, photo, artwork, or illustration), whatever the format, the User must send a prior request by email to the address contact@fbdgroup.fr en indicating "Demande d’autorisation de reproduction/Request for reproduction authorisation" in the "Subject" line of this email and wait for a positive response before carrying out the request.

 

The dissemination of information or elements of this Site for private and non-commercial use is however permitted on the condition that the information or elements are not modified and that this dissemination remains up to date.

 

Logos and brands

 

The " FBD "," IXINA ", " CUISINE PLUS ", " CUISINES REFERENCES " and " VANDEN BORRE KITCHEN " names and logos given on the Site are trademark names and are brands protected by national and international law. In addition, the Site contains a certain number of brands which belong to third parties (for example those of our suppliers); these are also protected by national and international law.

 

 

4.       Information published on the Site

 

a.       General presentation

 

The Site may propose the following content and services (subject to change):

 

·         Presentation of brands belonging to the FBD INTERNATIONAL Group ;

·         A presentation of services offerd by the Group's brands ;

·         A newsletter;

·         A" Career " space which can offer job proposals within different companies of the Group ;

·         Presentation of our latest news ;

·         Contact forms to join the group as a partner or employee.

 

b.       Responsibility

 

Information provided on the Site is for informational purposes only and FBD INTERNATIONAL cannot be guaranteed for exactness, precision, comprehensiveness and being up to date.

 

FBD INTERNATIONAL shall do everything in its power to ensure data provided on the Site is accurate and up to date. However, mdespite the care and diligence which FBD INTERNATIONAL is taken during the collection and update of this information, FBD INTERNATIONAL cannot guarantee that this information is complete, correct, exact, exhaustive or free of errors.

The user is invited to check all information given on the Site and to notifyFBD INTERNATIONAL of any potential error, omission or inaccuracy via the form available under the Contact heading of the Site.

 

Moreover, FBD INTERNATIONAL reserves the right to correct or modify Site content at any moment and without prior warning.

 

Photos, images and product descriptions published on the Site are not binding.

 

FBD INTERNATIONAL disclaims all liability relating to the information available on the Site and use that may be made of the information contained on the Site or which is obtained in response to a question asked via the Site.

 

In any case, FBD INTERNATIONAL may be held responsible for damage of any type, whether direct or indirect, that may occur during the access and use of the Site.

 

c.       User Obligations

 

The user is invited to check all information given on the Site and to notifyFBD INTERNATIONAL of any potential error, omission or inaccuracy via the form available under the Contact Us heading of the Site.

 

The User agrees to use the Website and the services which it offers in strict compliance with the GCU, including by forbidding any malicious and/or harmful use of the Site, refraining from any bulk requests or messages via the "Newsletter" and "Contact Us" headings which may have the effect of disturbing, slowing down or disrupting the function of the Site.

 

 

5.        Protection of personal data

 

In order to ensure the privacy of our Users, FBD INTERNATIONAL undertakes to ensure that the collection and processing of personal data taking place within the framework of this Site is carried out in accordance with applicable data protection regulations, more specifically Law No 78-17 relating to data processing, files and freedoms, entitled the "Data Protection Act" and General Data Protection Regulation no 2016/679 or« GDPR » (hereinafter collectively referred to as the " Regulation ").

 

Information of a personal nature collected within the framework of access to the Site is subject to digital processing within our responsibility, as Editor of the Site, for the purposes of managing recruitment online (whether relating to staff or partners), commercial prospection and targeted advertising, and the improvement of services, in particular through analysis of your statistics and browsing patterns on the Site.

 

Processing is based entirely on your consent, which you can withdraw at any moment.

Only the recipients of this data, our internal services and authorized providers will process your data as part of the operations necessary for fulfilment of the purposes referred to above. We commit to never give your personal details to third parties without your agreement.

 

Information is held for three years from the last contact between you and FBD INTERNATIONAL or its subsidiaries.

 

In accordance with the Regulation, you have the right to access, rectify, delete and, if there is a legitimate reason for opposing the processing of your personal data, also a right to the limitation and portability of your data under the conditions stipulated in the Regulation.

 

You also have the right to define guidelines regarding what happens to your data following your death as well as the right to file a complaint with CNIL (The French National Commission on Informatics and Liberty).

 

You can exercise your rights by sending an email to gdpr@fbdgroup.fr or by regular post. Any request to exercise rights must be accompanied by proof of identity and be sent to the details given in our legal notices.

 

 

6.       External links

 

FBD INTERNATIONAL may refer to other resources present on the Internet via links on the Site for your information.

 

FBD INTERNATIONAL may not be held responsible for these links. As a matter of fact, sites which are directly or indirectly linked to the Site via such links are outside of its control.

 

FBD INTERNATIONAL assumes no responsibility in relation to information published on these sites and links provided in this manner and gives no guarantee regarding the content of these sites.

 

FBD INTERNATIONAL shall endeavour, in the case of disagreement or request by the owner of a site mentioned, to delete the link within the shortest possible time frame. These requests must be sent by email to the address contact@fbdgroup.fr with the text "request to remove a link" in the "subject" field of the email.

 

In relation to linked sites, FBD INTERNATIONAL may authorize the creation of a link to the Site, where the essence of the Site is respected, which excludes sites disseminating information and/or content of an illegal nature and/or in particular a controversial, political, religious, pornographic, or xenophobic character or one which may generally affect the sensitivity of users.

 

Users creating such links to the Site are bound to request authorisation via email at the address contact@fbdgroup.fr with the subject line as "web links/liens hypertexte" for the email.

FBD INTERNATIONAL accepts no responsability in relation to information contained on sites linked to ours via a hypertext link or any other means.

 

7.       Sécurité

 

FBD INTERNATIONAL shall endeavour to take all necessary precautions to preserve the security of data, in particular to prevent it from becoming distorted, damaged or communicated to unauthorized persons.

 

However, FBD INTERNATIONAL cannot and will not guarantee that servers hosting the Site are free of viruses and that files accessible for download on this Site or any other third party site are free of viruses or errors in functioning.

 

In addition, the User declares that they are fully aware that due to the characteristics and limitations of the Internet, the data circulating on this network is not protected against any form of intrusion, including that by hacking, and that it is therefore impossible to guarantee the absolute security of data transmitted on the network.

 

It is expressly stated that the Internet is not a secure network. Under these conditions, it is the responsibility of the User to implement, under their own responsibility, all reasonable means for the purpose of preserving the confidentiality of information transmitted over the Internet. FBD INTERNATIONAL recommends Users to handle their personal information with great care, as well as to take necessary and appropriate measures to protect their data, software and equipment, in particular against any intrusion by a third party as well as against any infection by possible viruses circulating on the Internet.

 

In any case, neither FBD INTERNATIONAL nor any of its subcontractors may be held responsible for any damage that may occur during the access and use of the Site.

 

 

8.       Use of cookies and statistical tools

 

a.       Our cookies

 

FBD INTERNATIONAL uses cookies to optimise your use of the Site.

 

A cookie is a small text file which does not allow the User to be identified, but which records information relating to computer browsing on the Site.

 

The cookies that FBD INTERNATIONAL uses do not contain any data of a personal nature, only an anonymous identification number and information relating to the browsing of the computer concerned on the Site (pages viewed, date and time of the viewing etc.).

 

These are mainly session cookies which enable the authentication and connection by the User to the Site as well as the conservation of browsing elements during a session. These cookies  are essential for the User's browsing and for site accessibility. They may be disabled or blocked. However, in this instance, some features of the Site may not function as expected.

 

Other cookies enable storage of the User's preferences and the settings chosen, as well as  previously viewed pages which are also stored during site viewing. Activation of these cookies is not strictly necessary for functioning of the Site, but enables browsing performance to be improved.

 

These cookies are used with the main aim of improving the personalised service given to the User. Data obtained in this way is used to facilitate browsing on the Site.

 

b.       Statistics and audience measurement

 

In order to adapt the Site, its content and services to meet User expectations, FBD INTERNATIONAL uses the audience measuring service "Google Analytics". These cookies used within the framework of this service enable analysis of the behaviours of those using the site, in particular the number of visits, the number of page views as well as the activity of Users of the Site and the frequency of their return.

 

The data generated by cookies concerning the use of the Site (including the IP address) are transmitted and stored by Google on servers which may be situated in the United States.

 

Google will use this information for the purposes of evaluating the use of the Site, creating reports concerning the Site's activity and providing other services relating to activity on the Site and the use of the Internet.

Google may disclose such data to third parties in the case of a legal obligation or where such third parties process data on Google's behalf, including but not limited to the Editor of this Site. Google will not cross-reference your IP address with any other data held by Google.

 

The User may reject the use of Google Analytics by clicking on the following link: https://tools.google.com/dlpage/gaoptout?hl=fr

 

c.       Third-Party cookies

 

When you access the Site, one or more cookies from third parties may be placed on your computer. These third party cookies have the aim of identifying your areas of interest via products viewed or purchased on the Site and to collect browsing data to personalise advertising shown to you outside of the Site

 

This is the case with sharing content on social networks (e.g. Facebook via integration with the site using the "share" button coming from these social networks. This can result from the use of cookies by these social networks.

 

FBD INTERNATIONAL informs you that it has no access to and no control over third-party cookies.

 

FBD INTERNATIONAL informs you that you can refuse third-party cookies.

 

Broadly speaking, FBD INTERNATIONAL informs you that you can withdraw your consent to the use of cookies issued by the Site or by third-party sites at any time, either for all cookies, or for certain categories only.

 

Users can easily retract their consent via the following means available to them:

 

– for Mozilla Firefox: delete and manage cookies

1.            Click on the Firefox button on top of the Firefox window.

2.            Select the Privacy icon.

3.            Click on Storage Settings: use personalised history settings.

4.            Deselect Accept Cookies.

 

– for Microsoft Internet Explorer: delete and manage cookies

1.            Go to Tools > Internet Options.

2.            Click on the Confidentiality tab.

3.            Click on the Advanced button and check the "Ignore automatic cookie management" box.

 

– for Chrome: delete and manage cookies

1.            Click on the Menu item in the Chrome menu.

2.            Select Settings.

3.            Click on Show Advanced Settings

4.            In the "Confidentiality" section, click on Content Settings.

5.            choose your preference in the « Cookies » section.

 

In relation to third-party cookies, you can also remove them from the sites of the companies they originate from.

 

In addition, it is possible to unsubscribe (i) from all advertising networks and (ii) from advertising by clicking on the following link : http://www.youronlinechoices.com/fr/foire-aux-questions/

Consent collected by FBD INTERNATIONAL from Internet users for the usage of cookies has a validity period of thirteen (13) months from their activation and may be extended by a new instance of consent from the User.

 

9.       Applicable law

 

The present GCU are subject to French law in their entirety and the competent courts in this matter are French courts.

 

In the case of dispute arising from the interpretation or execution the present GCU, where the User is contracted as a trader, express jurisdiction is assigned to the courts at Bobigny, notwithstanding multiple defendants, a claim for guarantee or for main proceedings. This provision does not apply in the case of a dispute with a non-trader, for which the legal rules of competence shall apply.

 

In case of dispute, whatever the reason, you shall contact FBD INTERNATIONAL prior to any legal action for the purpose of finding an amicable solution.

 

 

10.   Modification of GCU

 

FBD INTERNATIONAL reserves the right to modify the present GCU at its full discretion and without prior warning. In this case the new version of the GCU shall be published immediately on the site and any browsing counting from the publication of the aforementioned new version of the GCU shall be fully subject to it.