Legal notice

Legal information and General Terms and Conditions of Use

I. LEGAL INFORMATION

SVR USA, Inc., a corporation organized under the laws of the State of Delaware, having its registered office at 251 Little Falls Drive, Wilmington, Delaware 19808, registered with the Delaware Division of Corporations under file number 10384474 (hereinafter referred to as "LABORATOIRES SVR").

Phone number: + 212-583-4926

Editorial manager : SVR Marketing Department

The site was designed by the Blackswan agency (https://www.blackswan.paris/)

The site is hosted by: Shopify Inc

II. GENERAL TERMS AND CONDITIONS OF USE

ARTICLE 1. PURPOSE OF THE SITE

The Site www.us.svr.com (hereinafter referred to as the "Site") is an e-commerce Site which offers anyone browsing the Site (hereinafter referred to as the "User") the sale of cosmetic products, food supplements and medical devices sold under the SVR brand (hereinafter referred to as the "Products").

These general conditions of use (hereinafter referred to as the "GTC") set out the conditions of use of the Site and are deemed to have been accepted without reservation by the User upon accessing the Site.

The User and LABORATOIRES SVR are hereinafter referred to together as the "Parties" or individually as the "Party".

ARTICLE 2. SITE OPERATION

The Site is normally accessible 24 hours a day, 7 days a week, except in cases of force majeure or events beyond the control of LABORATOIRES SVR.

In addition, the operation of the Site may be temporarily impaired or interrupted, in whole or in part and for all or some of the Users, in particular for reasons of maintenance, updating or technical improvement, without prior notice. As LABORATOIRES SVR makes no commitment regarding the performance of the Site, LABORATOIRES SVR shall not be held liable. LABORATOIRES SVR shall not be held liable for any failure of the Site to function, any inability to access it, or any malfunctions attributable to unsuitable equipment, malfunctions in the User's internet service provider's services, or those of the internet network. The same shall apply for any other reasons beyond LABORATOIRES SVR's control.

Furthermore, the User acknowledges that the characteristics and constraints of the Internet network make it impossible to guarantee the total security, availability and integrity of data transmissions. Consequently, LABORATOIRES SVR does not guarantee that the Site will function without interruption or error.

Finally, as the internet is accessible to all, including, in particular, malicious individuals, the User acknowledges that LABORATOIRES SVR cannot guarantee the absolute secrecy of any correspondence exchanged via the means made available on the Site.

ARTICLE 3. USER OBLIGATIONS AND GUARANTEES

By accessing the Site, the User undertakes and guarantees the following:

to access and use the Site in good faith, reasonably and in a manner that does not contravene these GTC;
never to use mechanisms or software other than those provided by LABORATOIRES SVR to i)affect or attempt to affect the proper operation of the Site or ii) extract, modify, or view, even in a cache or temporarily, or for personal purposes, all or part of the Site;
never to access and/or use the Site for illicit purposes and/or with the intention of damaging the reputation and/or image of LABORATOIRES SVR and/or that of Users, or more generally, violate any of the rights of LABORATOIRES SVR and/or third parties, including those of Users, and in particular intellectual property rights;
not to commercialise access to the Site, either directly or indirectly;
not to re use or exploit all or part of the Site, in particular for commercial and/or collective and/or personal purposes in any form and/or medium whatsoever which has not been authorised by LABORATOIRES SVR
not to reproduce or represent all or part of the Site for personal purposes outside the legal exceptions provided for, in particular, by the Intellectual Property Code, or with a view to direct or indirect marketing, in particular to third parties.
not to restrict access to and use of the Site;
not to modify, including in the cache or temporary memory, any text or element of the Site;
to ensure that use of the Site does not affect or compromise the stability, security and quality of the Site, networks, bandwidth or LABORATOIRES SVR infrastructures, for other Users and/or third parties;
- not to contravene the provisions of articles 323 1 to 323 7 of the French Penal Code concerning piracy.

In the event of non compliance with any of these obligations, without this list being exhaustive, the User is hereby informed that LABORATOIRES SVR shall be entitled to unilaterally refuse or suspend access to all or part of the Site without prior notice.

ARTICLE 4. LIMITATION OF LIABILITY

Users are solely responsible for their use of the Site.

LABORATOIRES SVR makes every effort to keep the content of the Site up to date.

LABORATOIRES SVR cannot guarantee the accuracy or completeness of the information relating to the Products presented on the Site. It recommends that Users refer to the specific characteristics of the Products set out in each Product description.

Users may email LABORATOIRES SVR directly at hello@svr.com if they have any further questions or require additional information.

In the event of an obvious error, particularly concerning the characteristics of a Product and its representation, the User undertakes to notify LABORATOIRES SVR of the error by email at hello@svr.com.

ARTICLE 5. INFORMATION TECHNOLOGY AND CIVIL LIBERTIES

5.1 Protection of personal data

As part of the contractual relationship, LABORATOIRES SVR is required to collect and process Personal Data concerning the Customer, necessary in particular for order management, payment, product delivery and after-sales service.

This Processing shall be carried out in accordance with the regulations applicable to the protection of personal data and the provisions of LABORATOIRES SVR's Privacy Policy, which may be accessed at any time on the Site: https://fr.svr.com/pages/charte-vp.

This Privacy Policy provides a detailed description of the Data Controller, the Purposes of the Processing, the legal bases for the Processing, the Recipients of the Personal Data, the retention periods, as well as the rights available to the Customer under the General Data Protection Regulation (GDPR) and the French Data Protection Act.

Customers are invited to consult this Privacy Policy for full information on the Processing of their Personal Data and on how to exercise their rights (access, rectification, erasure, objection, restriction, portability, withdrawal of consent and post-mortem instructions).

For any questions relating to their Personal Data or to exercise their rights, Customers may contact LABORATOIRES SVR in accordance with the procedures set out in the said Policy.

5.2 Use of cookies

In order to improve the browsing experience and offer services tailored to its Customers' areas of interest, LABORATOIRES SVR uses cookies and other tracking tools.

How these tools work, the purposes for which they are used, their retention periods, and the options available to the user to accept, refuse or configure these cookies are detailed in the Site's Cookie Policy.

Users are invited to consult this Cookies Policy at any time by clicking on the following link: https://us.svr.com/pagesprivacy-policy

Use of the Site implies acceptance of the terms and conditions for the use of cookies as defined in the said Policy.

ARTICLE 6. INTELLECTUAL PROPERTY

LABORATOIRES SVR is the owner of all intellectual property rights and/or exploitation rights, in particular copyright, database rights and trademark rights, relating to the Site, its content and all its constituent parts.

The Site, as well as the software, database structures, texts, information, analyses, images, photographs, graphics, logos, sounds, trademarks or any other data contained on the Site remain the exclusive property of LABORATOIRES SVR or, where applicable, of their respective owners with whom LABORATOIRES SVR has entered into usage agreements.

They may under no circumstances be reproduced, used or displayed without the express written authorisation of LABORATOIRES SVR, on pain of legal proceedings.

LABORATOIRES SVR grants the Usera non-exclusive, personal and non-transferable right to use the Site and the original intellectual works and data it contains. The right thus granted consists of (i) a right to view online the original intellectual works and data contained on the Site and (ii) a right of reproduction consisting of printing and/or saving these original intellectual works and data viewed. This right of use is for strictly private use only.

Any other use of the Site, in particular commercial use, by the User is prohibited without the express written authorisation of LABORATOIRES SVR.

In particular, but without limitation, the User shall refrain from reproducing and/or representing for any use other than private use, downloading, selling, distributing, broadcasting, translating, adapting, exploiting, distributing, disseminating and communicating, in whole or in part, in any form whatsoever, whether for commercial or non-commercial purposes, any original intellectual work or data contained on the Site.

In addition, the Site's domain name "svr.com" belongs to LABORATOIRES SVR.

ARTICLE 7. HYPERTEXT LINKS

Any hypertext link to the Site, regardless of the type of link, must be authorised in advance by LABORATOIRES SVR, either on paper or electronically. Such authorisation may be revoked at any time at LABORATOIRES SVR's sole discretion. LABORATOIRES SVR reserves the right to (i) request the removal of any link to the Site that has not been, or is no longer, authorised and (ii) claim damages as compensation for any loss suffered as a result.

The Site may include hypertext links to other websites or internet resources external to the Site.

At the time of their creation, LABORATOIRES SVR has ensured, as far as possible, that these websites and other Internet resources do not contain any content that contravenes French law.

However, insofar as LABORATOIRES SVR cannot constantly monitor these external sites and resources, it cannot ensure that these sites and resources always comply with legal requirements.

Consequently, LABORATOIRES SVR shall not be held liable for the provision of these external sites and resources unless the web page or resource to which a hyperlink was created contained content that contravened French law at the time of its creation.

LABORATOIRES SVR therefore accepts no liability for the content, advertisements, products and services available on or via these external sites or resources offered after the creation of the hyperlink on its Site. By express agreement, it is the User's responsibility to provide evidence that the said hyperlink was created after the publication of such content, advertisements, products or services.

Apart from this, the User therefore acknowledges that LABORATOIRES SVR cannot be held liable for any proven or alleged damage or loss arising from or in connection with the use of, or having become aware of, the content, advertisements, products or services available on these external sites or resources.

If, as a result of a search carried out on the Site, a User is directed to sites, pages or forums whose title and/or content constitute an infringement of French law, particularly in view of the fact that LABORATOIRES SVR has no control over the content of these sites and external sources, they must cease viewing the site in question, failing which they may incur the penalties provided for by French law or face legal proceedings brought against them.

Finally, if, despite LABORATOIRES SVR's efforts, any of the hypertext links on the Site directs a User to a website or internet resource whose content is or appears to be non-compliant with the requirements of French law, the User undertakes to contact the publication director immediately to provide the address of the pages of the site in question. LABORATOIRES SVR then undertakes to examine the said website and to inform the User of the action it intends to take within a reasonable timeframe. The User undertakes not to bring legal proceedings against LABORATOIRES SVR before receiving a response from it within a reasonable period of time. The User also undertakes not to bring legal proceedings against LABORATOIRES SVR unless the latter refuses to remove the link in question.

ARTICLE 8. GENERAL PROVISIONS

8.1 Support - Complaints

For any information, queries or complaints of a technical nature, the User is invited to send an email to: hello@svr.com.

8.2 Correspondence - Proof

The User expressly acknowledges that the entry of any username and password, or any personal information when placing an order as a guest, constitutes proof of their identity and signifies their consent to all operations carried out on the Website following their identification.

The User must ensure that their email address remains valid throughout the period of their registration on the Website, failing which they may no longer be able to access it, particularly in the event of losing their password.

A User's account is strictly personal and may not be transferred, by any means whatsoever, to a third party, even free of charge.

The User expressly accepts that LABORATOIRES SVR's automatic recording systems shall be deemed to constitute proof of:

the use of their username and password, and the dates and times of such use,
the content saved by the User in their "Account" space,
the nature, substance, date and time of all correspondence with LABORATOIRES SVR staff conducted via the Site or the tools offered on the Site,
and, more generally, all information exchanged via the Site between LABORATOIRES SVR and the User.

LABORATOIRES SVR shall not be held liable for any loss or damage the User may suffer as a result of a third party using their login details and password. In the event of loss, misappropriation or fraudulent use of all or part of their login and password, the User must immediately notify LABORATOIRES SVR. The User remains liable for any use made of their username and password prior to notifying LABORATOIRES SVR and before LABORATOIRES SV R has been able to change them within a reasonable timeframe. In the event that a User discloses or uses their username in a manner contrary to its intended purpose, LABORATOIRES SVR reserves the right to terminate the contract and remove access to their personal account area as well as any files saved, without prior notice or compensation. LABORATOIRES SVR may also take legal action to obtain compensation for any damages it may suffer as a result of such disclosure or use.

These provisions are expressly considered to be of the essence between the parties.

8.3 GTC in full

These GTC express the entirety of the obligations of LABORATOIRES SVR and the User in relation to their subject matter.

The fact that one of the Parties does not invoke the other Party's failure to comply with any of the obligations set out herein shall not be interpreted subsequently as a waiver of that obligation.

8.4 Partial invalidity

In the event that one or more provisions of these GTC are considered null and void, deemed unwritten or declared as such in application of a law, regulation or following a decision of a competent court with final authority, the other provisions will retain all their force and scope and will remain fully applicable, unless the invalid provision(s) were of a substantial nature and their removal would undermine the contractual balance.

8.5 Amendment of the GTC

LABORATOIRES SVR reserves the right to modify these GTC at any time and without prior notice, in particular to take account of any legal, jurisprudential and/or technical developments. All changes will come into force as soon as they are implemented and will apply to all Users.

In any event, the fact that a User continues to use the Site after having been informed of any amendment to the GTC implies acceptance of the modifications of these GTC by the User.

8.6 Securities

In the event of any difficulty of interpretation between any of the headings mentioned in these clauses and any of these clauses, such headings shall be declared non-existent.

8.7 Applicable law and settlement of disputes

The relationship between LABORATOIRES SVR and the User shall be governed by French law, without prejudice to the right of any User residing outside French territory to invoke mandatory provisions of their national law.

In the event of a dispute relating to these GTC, their interpretation and consequences or any addendum or modification thereof, the Customer shall meet with LABORATOIRES SVR in order to attempt to reach an amicable solution.

In the absence of an amicable settlement, any dispute or litigation relating to the existence, interpretation or performance of these GTC shall be referred to the competent courts, in particular those of the Customer's place of residence.