TERMS OF SERVICE
Date Effective: September 17, 2021
ABOUT US AND ACCEPTANCE
Digital realities (SASU), a Simplified joint stock company based in 45 Avenue de la République, 75011 Paris, France and their affiliates and/or branches if any, provides a specialized e-commerce platform for the purchase and rent of topography and land surveying equipment (collectively, the “Service”), on the website https://digitalrealities.fr/ (the “Website”), (also, “us”, “we”, “our”, “Digital Realities”).
The Website and the Service are provided to you subject to these Terms of Service which shall form in addition to the Privacy and the Cookies Policy the general terms and conditions of the Website (collectively the “Terms” or “Terms of Service”).
For the purpose of the Terms and whenever the context so requires, the terms “User”, “you” and “your” shall refer to any person who opens an Account (as defined in Section 1 below) or visits the Website or uses the Service in any manner whatsoever or any other person browsing the Website, posting comments or any content or responding to any advertisements or content on the Website. These Terms of Service apply to all users of the Website including without limitation users who are browsers, customers, merchants and/or contributors of content.
By accessing, browsing or using the Website, you agree to comply with these Terms which shall constitute the only agreement between you and us while using the Website and our Service.
By using and/or accessing the Website or the Service, you certify that you have read, understood, and agreed to all of our terms and conditions. If you do not agree, please do not use and/or access the Website or Service.
Any new features or tools which are added to the current store shall also be subject to these Terms. You understand and agree that you are solely responsible for reviewing these Terms from time to time. These Terms may be updated by us at any time at our sole discretion. However, we may not notify you every time we do so. You are responsible for reviewing them from time to time. Your continued use of, or access to the Website following the posting of any changes constitutes your acceptance of those changes or updates. Should you object to any term or condition of these Terms, any guideline, or any subsequent changes thereto or become unhappy with Digital Realities or the Service in any way, your only choice is to immediately discontinue use of the Website.
Table des matières
SECTION 1 – CREATING AN ACCOUNT
- to access and use the Service, you must create an account on the Website (“Account”) providing your full legal name, current address, phone number, valid email address, and any other required information. We may reject your account request or cancel an existing account for any reason in our sole discretion. You must be: (i) at least 18 years of age, or (ii) at least of the age of majority in the jurisdiction in which you reside and from which you use the Service to open an account.
- When you create an account with us, you must provide us information that is accurate, complete, and current at all times. You agree to promptly update your Account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. Failure to do so constitutes a breach of the Terms, which may also result in immediate termination of your Account on our Website.
- You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
- You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account.
- You are responsible for maintaining the confidentiality of your Account. This includes your username, your password, in addition to any other related account information. You also agree to be held responsible for all activities that occur under your Account.
- You acknowledge that we will use the email address you provided when opening an Account or as updated from time to time by you as the primary means of communication with you. You are responsible for the security of your password. We cannot and will not be responsible for any loss or damage resulting from your failure to maintain the security of your Account and password.
- You are responsible for all activities and content such as photos, images, videos, graphics, written content, audio files, codes, information or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in link to your Account.
- You must read, accept and consent to all terms contained or expressly referred to in these Terms of Service including the Privacy and cookies Policy before you create an Account of use our Service.
- A breach or violation of any term in the Terms of Service, as determined in our sole discretion, may result in the immediate termination of your Services and your Account on the Website.
SECTION 2 – DESCRIPTION OF SERVICES
We act as an online e-commerce platform to allow our users who comply with these Terms to purchase or rent products and equipment related to topography and land surveying as listed on the Website.
You hereby acknowledge and agree that your use of the Website shall be strictly limited to purchase or rent products or instruments or equipment listed on the Website and exclusively through the Website.
- Purchase or Rent of Products
If you wish to purchase or rent any product or equipment or instrument made available through the Service (“Your Purchase” or “Your Rent”), you may be asked to supply certain information relevant to your Purchase or Rent including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. Credit card information is always encrypted during transfer over networks.
You represent and warrant that:
- you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase or Rent; and that
- the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases or Rents.
After you submit your order, we shall wait for your payment. Once the payment is accepted, we shall process the order. (For payment procedure, please see section 6 below).
In case you submit your order but delay the payment, another interested user can still purchase the same product or instrument.
All orders are subject to availability of stock.
We reserve the right to refuse any order you place with us whether it is a Purchase or a Rent. We may, in our sole discretion, limit or cancel quantities purchased or rented per person, per household or per order. These restrictions may include orders placed by or under the same customer Account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
We reserve the right to refuse or cancel your order at any time for others reasons including but not limited to: product availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
All and any quotations made by Digital Realities are without obligation.
Orders places through the Website are biding. Cancellations will only be effective if given.
- Specific terms for Rent
In addition to the provisions of section 2.1 above, you must comply with the following terms if you wish to rent a producer instrument or equipment t made available through the Service.
- All equipment and products made available through the Website can be rented on a daily or weekly or monthly basis up to a maximum Rent Period of /6/ months (“Rented Equipment”). The Rent Period is calculated in calendar days. Equipment and listed products may be made available to you after [•]pm the day before the Rent Period commences and must be returned by [•]pm the day after the Rent Period.
- All liabilities and responsibilities for the product or equipment by you as set out in these Terms commence from whichever is earlier of the time the equipment or product is made available to you or leaves Digital Realities’ premises and is terminated at the end of the agreed Rent Period or when the equipment or product is returned there whichever is the later.
- It is your responsibility to obtain such receipt for the return of Rented Equipment from Digital Realities, which will represent sole evidence of the return of Rented Equipment from Digital Realities, which will represent sole evidence of the return of Rented Equipment to us but without prejudice to any of your outstanding obligations which under the provisions of these conditions continue notwithstanding the return of the Rented Equipment to the us.
- The Rent Period will be deemed to continue until such times as any damaged equipment is repaired, or any equipment that is lost, stolen, or damaged beyond repair is replaced; provided that the amount of any additional Rent charge payable as a direct result of theft, accidental loss or damage to equipment shall not exceed the total value of the equipment on a new for old basis plus 20%.
Care of Rented Equipment
- You must keep Rented Equipment in your custody during the Rent Period and must ensure that you use it in a skillful manner by persons having the appropriate qualifications and experience and who are familiar with the type of the Rented Equipment.
- At all timed you shall undertake to use and maintain the Rented Equipment strictly in accordance with the manufacturer’s or distributor’s instructions and to comply with all safety instructions and regulations relating thereto.
- You must protect Rented Equipment from the elements and take all reasonable precautions for its safety.
- Under no circumstances may you alter, add to, modify, adapt or misuse Rented Equipment or affix to install thereon or insert therein any accessory equipment, software or device incompatible with its proper use.
Damage Or Loss To Rented Equipment
- Throughout the Rented Period it shall be your absolute responsibility to ensure the safe keeping of the Rented Equipment. You shall be liable to us for all loss of or damage to the Rented Equipment howsoever caused whilst in your possession.
- All damage or loss should be notified to us immediately (as soon as possible) following which the Rented Equipment must be returned to us for repair or replacement. If – on inspection by us- no fault is found with the returned items, you will be liable for any additional costs incurred in supplying any replacement items.
- You shall not carry out or attempt to carry out any repairs to damaged equipment without the prior our written authority, and shall otherwise make no attempt to examine diagnose repair or remove the outer casing (if any) of the Rented Equipment.
- In case of Damage or Loss of the Rented Equipment, the Rent Period shall be extended according to the provisions of paragraph 4 in this section 2.3 related to the “Rent Period”.
By renting equipment and products through the Website, you agree to book an insurance with us, that covers the risks of loss and damage that might occur to the Rented Equipment during the Rent Period whether such damage or loss is caused by you or not. This Insurance will be subject to a separate fee in addition to the price of the Rent.
- Delivery & Collection
- It is your responsibility to collect the purchased or rented equipment or products through the Service in the location specified by us and notified to you following your order confirmation. In such instances, you are responsible for all acts or omissions of your agents, employees, sub-contracts or any other person who acts on your behalf under these Terms, if applicable.
- You can opt for delivery services that will be subject to additional delivery charged of per order.
- Where equipment or product is delivered or collected by you, such delivery or collection is at your risk and expense and you shall be liable for physical loss and damage and delay to the equipment or product from the time the equipment leaves our premises until it is returned to our premises whether or not the equipment is being delivered is being delivered to you or collected by you or any of your directors, servants or agents or representatives.
- Cancellation & Cancellation Fee
For any Purchase or Rental order cancelled or curtailed within 24 twenty-four hours of the delivery or collection date or the date when the Rented Period was due to start, as the case may be, you shall be liable to pay a cancellation fee not exceeding the full purchase price or the full rental charge under these Terms.
SECTION 3 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Website.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
You understand that your content (not including credit card information), may be transferred unencrypted and involve:
- transmissions over various networks; and
- changes to conform and adapt to technical requirements of connecting networks or devices.
You must not transmit any worms or viruses or any code of a destructive nature.
Certain products or equipment may be available exclusively online through the Website. These products or equipment may have limited quantities and are not subject to return, exchange or refund.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or equipment to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or equipment that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product made on this Website is void where prohibited.
A breach or violation of any of the Terms will result in an immediate termination of your Service.
SECTION 4 – EQUIPMENT, TITLE, RISK & WARRANTY
- We endeavor to ensure that the equipment is sound and in good order and condition at the time of delivery to or collection by you. Any issues relating to any defects, deficiencies or the working of the equipment must be referred to us.
- With respect to the products or equipment purchased through the Website under these Terms, we warrant the following for a Warranty Period of /12/ twelve month as of the day of delivery or collection: (a) the purchased products or equipment shall be free from defects in workmanship and material and shall be new and of the highest quality; (b) you shall receive title to the products and equipment that is free and clear of any liens, encumbrances and any actual or claimed patent, copyright or trademark infringement; (c) the purchased products and equipment shall be safe and fit for the buyer’s intended purposes.
If you experience any defect, failure or non-conformity during the Warranty Period, you shall have the right to take the following actions, at you option: (1) retain the defective product in whole or in part with an appropriate adjustment in the price; (2) require to cure defects in the product within a reasonable period of time, determined by us in our sole discretion; (3) require to repair or replace the defective product in whole or in part at our sole expense, including all delivery costs if applicable.
- If you opt for the Rent of Equipment option, you agree on the following:
- Your signature, or your representative, on the rental agreement will be taken as conclusive evidence that such agreement has been made.
- The Rented Equipment shall remain at all times our absolute property and you shall have no right, title or interest therein save of the adequate use of the Rented Equipment under these Terms.
- You shall not sell or offer to sell, assign, mortgage, pledge, underlet, lend or otherwise deal with the Rented Equipment or any part or parts thereof.
- You shall not take or permit to be taken the Rented Equipment out of France nor use or permit it to be used for any abnormal or hazardous assignments nor take it from the ground other than on a regular scheduled flight by an airline recognized by the IATA without our prior written consent, and we may at our sole discretion vary the terms of the rental.
Without prejudice to other responsibilities under these Terms, you agree at all times to use every means at your disposal to resume our possession of the Rented Equipment whether during the Rent Period or at the end of the Rent Period (if you have lost or relinquished possession of the Rented Equipment).
SECTION 5 – AVAILABILITY, ERRORS AND INACCURACIES
We are constantly updating our offerings of products and equipment on the Website. The products and equipment available on our Website may contain typographical errors, be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Website and in our advertising on other web sites. However, we have no obligation to update, amend or clarify information in the Website or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Website or on any related website, should be taken to indicate that all information in the Website or on any related website has been modified or updated.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, sales promotions, services, transit time and customs charges.
We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
SECTION 6 – CONTENT
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
You represent and warrant that:
- the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and
the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
SECTION 7 – PRICING AND PAYMENTS
- The price of products and equipment is the pricing listed on the Website.
- Prices of products and equipment listed on the Website may be subject to change from time to time upon our sole discretion.
- We do not provide price protection or refunds in case of a price drop or promotional offering.
- In case you opt for the Your Rent Option, you shall pay in addition to the rental price and delivery fee if applicable, an additional administration fees of [•] Euros, acting as a deposit amount in guarantee of the good use of the Rented Equipment during the Renting Period. The amount of the deposit shall be returned to you without interest when the rented Equipment has been returned to us and all charged and other monies due to us under the terms of the Rental Agreement have been paid.
- You agree to pay the price of the chosen product or equipment listed on the Website or as follows:
- the Price of product or equipment as listed on the Website.
- In addition, you agree to pay delivery charges and additional taxes and governmental fees that differ from a country to another.
- Payment for the purchased or rented products or instruments shall be made online upon your order is approved by us, by credit card, bank transfer or any other payment tool we make available to you according to the terms of Section 8 below.
- In case you’re paying by credit card, you will be required to provide our third-party payment processor with valid payment information. You also authorize the third-party payment processor to use the information you entered in order to process your payment. You also agree that your use of these third-party payment processors is subject to their terms and conditions, therefore, we cannot be held responsible or liable for any activity made through a third-party. We are not a party to such transactions and have no control over any element of such transactions, and shall have no liability to any party in connection with such transactions. You use the Service and the Website and more specifically you make your online payment at your own risk.
- In case you are paying by bank transfer, you agree to pay all the bank transfers fees in addition to the price of your Rent or Purchase and other applicable fees as determined in these Terms as the case may be.
- Refund policy
We do not offer you the possibility to get your money refunded.
SECTION 8 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products and equipment listed on the Website are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 9 – OPTIONAL/ADDITIONAL TOOLS
We may provide you with access to third-party tools including, and not limited to, “Stripe”, “Paypal”, “Facebook”, “Instagram”, “Google” or any other platform over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 10 – THIRD-PARTY LINKS
Our Service may contain links to third-party web sites or services such as, and not limited to, “Stripe”, “Paypal, “Facebook”, “Instagram”, “Google”, that are not owned or controlled by digitalrealities.fr
digitalrealities.fr has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that digitalrealities.fr shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
SECTION 11 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions, or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation
- to maintain any comments in confidence;
- to pay compensation for any comments; or
- to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Website or its content:
- for any unlawful purpose;
- to solicit others to perform or participate in any unlawful acts;
- to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- to submit false or misleading information;
- to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
- to collect or track the personal information of others;
- to spam, phish, pharm, pretext, spider, crawl, or scrape;
- for any obscene or immoral purpose; or
- to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
- We will help you with general advice and service. However, we do not warrant that the equipment is suitable for the particular or any purpose for which it is or may be required, or that you will achieve your intended result by the use of the Purchased or Rented Equipment.
- We shall not be liable under any circumstances whatsoever for losses incurred by you or any third party due to any delay, late delivery, defect or deficiency of or relating to any equipment or ancillaries there to purchased or rented. We will however make every reasonable effort to ensure that faulty equipment is replaced as soon as possible with either the same or similar equipment.
- You will indemnify us, our employees, directors and representatives at all times fully against any and all liabilities, demands, actions, claims or proceedings arising from or in connection with the purchased equipment or Rented Equipment.
- In the event that you shall create, use with or in conjunction to any purchased equipment or Rented Equipment any unique or original material or matter we shall have no liability whatsoever in respect of the loss, damage or imperfection of any such material and you will fully indemnify us in respect of any such claims by a third party.
- We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
- We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable
- We are not responsible for any of your tax obligations or liabilities related to the use of our Service.
- We do not warrant that the quality of any products, services, equipment, information, or other materials purchased or rented or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.
- We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected
- You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
- You expressly agree that your use of, or inability to use, the service is at your sole risk. The Service and all products and equipment delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall digitalrealities.fr, our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products or equipment procured using the Service, or for any other claim related in any way to your use or your inability to use the Service and from the use of any product or equipment rented or purchased through the Website, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some countries, states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such countries, states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold digitalrealities.fr subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – TERMINATION
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Website.
We may terminate or suspend your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your Account, you may simply discontinue using the Service.
If you opt for My Rent Option, you will not be entitled to terminate the rental agreement before the expiry of the Rent Period unless otherwise agreed in writing, or we deem you have breached these Terms. Upon the termination of the Rent Period, you agree to return the Rented Equipment in the same conditions as you received it, fair wear and tear excepted, subject to the retention of the administrative fee. If Rented Equipment are returned late, you will be charged at the single agreed daily rate for each 24 twenty-four hours or part thereof irrespective of any reduction or discount that may have been negotiated on the original rental price. If necessary, we shall utilize your stored card details in order to receive late fees.
SECTION 16 – DISPUTE RESOLUTION
The Terms and the relationship between you and Digital Realities SASU shall be governed and construed in accordance with the laws of European e-commerce Law the laws of France without regards to conflicts of law. Any claim you may have against us must be submitted to the exclusive jurisdiction of the courts of Paris, France.
The failure of Digital Realities SASU to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision. If any provision or provisions of these Terms is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of the Terms shall not in any way be affected or be impaired. These Terms shall inure to the benefit of and be binding upon each party’s successors and assigns
SECTION 17 – WAIVER, SEVRABILITY, AND COMPLETE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms, including all terms and conditions and other documents it incorporates by reference, is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provision of these Terms shall remain in full force and effect.
These Terms and the other policies posted on the Website, including the documents it incorporates by reference, constitute the complete and exclusive understanding and agreement between you and Digital Realities SASU and govern your use of the Service and the Website and your Account, superseding all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral (including, but not limited to, any prior versions of these Terms).
SECTION 18 – ASSIGNMENT
SECTION 19 – CONTACT INFORMATION
The Service is operated and provided by us. If you have any questions about these Terms, please contact us at email@example.com