1. Definitions

    Publisher”: refers to HORIBA FRANCE SAS, with a capital of 7.075.168 € Euros, whose registered office is located at 14, Boulevard Thomas Gobert - Passage Jobin Yvon - 91120 Palaiseau - France, registered in the Trade and Companies Register (RCS) of Evry under the number 837 150 366, represented by Laurent FULLANA, President of the Company, duly empowered ;

    "User": refers to any Internet user who accesses the Website, acting in his or her own name or on behalf of a legal entity.

    "Website": refers to all the pages and documents online at the following web address:

    https://store.eu.horiba.com/

    2. Conditions of access and use

    By accessing this Website and the information it contains, the User acknowledges having read these general terms and conditions of use and undertakes to comply with them. The Publisher reserves the right to modify all or part of these Terms and Conditions at any time and notably in order to adapt it to the evolutions of the Website.

    The User therefore undertakes to consult these general terms of use regularly. The User is deemed to accept this last version at each new connection to the Website, for any use of the Website for any purpose. The date of the last update of the Terms and Conditions is indicated at the top of this web page.

    The User hereby warrants and confirms that he has the legal capacity to consent to these Terms and Conditions or the authorization of his/her legal representative. If the User does not accept these Terms and Conditions or a later update, the User shall leave the Website immediately.

    3. Technical warning

    The access to the Site is free of charge. However, the equipment necessary for access to and use of the Site as well as all related costs are at User’s expense. The User acknowledges having the means and skills necessary for the use of the Website and especially an Internet connection and the software necessary to navigate on the Site. The User of the Website acknowledges having verified that the computer configuration used does not contain any viruses and is in good working order.

    4. General Warning

    The User is informed that the Website is normally accessible 24 hours a day, 7 days a week, except in cases of force majeure, computer difficulties, difficulties related to the structure of the telecommunications network or technical difficulties. Moreover, the Service, or any feature or part thereof, may not be available in all languages or in all countries. The User acknowledges that he accesses and uses the Website on his own initiative and are responsible for acting in accordance with applicable law.

    For maintenance reasons or for any other reason, HORIBA may interrupt the Website at any time.

    5. Use of the website

    • Obligations of the User

    The User is informed that it is his or her responsibility to take all appropriate measures to protect his or her own data and/or tools.

    The User undertakes to :

    • respect the integrity of the Website and not to divert any functionality of the Site outside the use for which it was designed;
    • refrain from hindering or forcing the operation of the Website and from fraudulently introducing data on the Website;
    • not to use any robot software or any automated process for the consultation of the site, not to prevent the normal use of the site by any user of the site, or to interrupt and/or slow down the normal flow of communications between users;
    • not to upload to the Site, post, email or otherwise transmit any material that contains software viruses or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware;
    • not to attempt to probe, scan or test the vulnerability of the Website, or to breach security or authentication measures without proper authorization;
    • not to disseminate, upload to the Site, display, nor send by email or transmit by any other means, data, information or content of a criminal, defamatory, insulting, vulgar, obscene, offensive, violent or inciting to violence, or of a political, racist, ethnic, religious or xenophobic nature and in general any content that is contrary to the laws and regulations in force or to good morals or that infringes on a person's private life;
    • not to carry out an activity or incite a third party to carry out an illegal activity or any other activity that would infringe the rights of HORIBA, its suppliers, partners, distributors, advertisers or any other person;
    • respect the intellectual property rights relating to the contents provided by HORIBA, as well as the intellectual property rights of third parties if any. Each User is prohibited from reproducing and/or communicating to the public, through the Website, one or more contents without the authorization of the holders of the rights relative to these contents, when this is required;
    • communicate accurate and true information in any contact form and during the use of the Website;
    • comply with the laws in force and respect the rights of third parties, as well as these Terms and Conditions.
    • Limitation of responsibility

    The User hereby acknowledges that HORIBA :

    • Cannot be held liable for any damage that may be suffered, during a visit to the Website, by the User's technical environment and in particular, his computers, software, network equipment (modems, telephones, etc.) and any other equipment used to access or use the service and/or information;
    • Cannot be held liable in the event of misuse of the Website by the User;
    • Can in no way be held responsible for the reliability of data transmission, access times, possible access restrictions on the Internet network or the networks connected to it;
    • Cannot be held liable in the event of interruption of the networks accessing the Website, total or partial unavailability of the Website resulting in particular from the telecommunications operator, in the event of transmission errors or problems related to the User's telephone line or in the event of impossibility of access to the Website due to the use of a browser or a version of a browser that is not compatible with the Website.
    • Cannot be held liable for the information published on external websites. Links to third party websites are provided for information purposes only and no guarantee is given as to their content.
    • Cannot under any circumstances be held liable for any damage that may occur, whatever the causes, origins, nature or consequences, in the event of (1) the unavailability of the network, (2) total or partial temporary unavailability of access to the Website for technical maintenance operations or updating of published information; (3) an external intrusion; (4) a loss of data; (5) a service interruption; (6) virus attacks or (7) abnormal or illicit use of the Website; nor for any direct or indirect damage suffered by the User resulting from the use of the Internet or for any other problem beyond the control of HORIBA.
    • Cannot be held liable for data that is transferred to third parties on the User's initiative. Any transfer of information from the Site to an existing or future social network, in particular, and without the list being exhaustive, Facebook, Twitter, LinkedIn, Viadeo or Xing by the User is done under the responsibility of the User.
    • Is not bound by a general duty of supervision. HORIBA’s general obligation for these Terms and Conditions is an obligation of means. HORIBA undertakes, within the framework defined by the present Terms and Conditions, to implement all means to ensure continuity of access and use of the Website and regular updating of the information accessible on the Site, in accordance with the state of the art.

    The User acknowledges that the Internet and telecom networks have technical specificities that make it impossible to guarantee uninterrupted continuity of access to the Site and the response time of the Website. Furthermore, the User accepts that the use of the Website requires HORIBA or its partners to intervene within the framework of maintenance operations, particularly corrective and evolutionary. In this respect, the Website may be subject to service interruptions. Finally, the User acknowledges that they are obliged to protect their own data, computer systems and/or software from contamination by possible viruses and that HORIBA cannot be held responsible in this respect.

    6. Personal data and cookies

    Issues related to personal data (collection, processing, rights of access and rectification...) and cookie policy are addressed in the HORIBA Privacy Policy.

    7. Intellectual Property Rights

    The Website must be considered as an indissociable whole. The Website and all the elements appearing on it (information, data, texts, sounds, videos, images, drawings, graphics, software, distinctive signs, logos, trademarks...) are the exclusive property of HORIBA or its partners, and protected as such by intellectual property law and/or by any other exclusive right of which HORIBA or its partners are the holder(s).

    All of these elements are subject to the provisions of the French Intellectual Property Code and, as such, are protected against any use  unauthorized by law and/or the present terms of use.

    In particular, it is strictly forbidden to use, reproduce or represent all or part of the elements of the Website and/or the name "HORIBA FRANCE SAS" and/or its logo, alone or associated, for any purpose whatsoever, and in particular for advertising purposes, without the prior written consent of HORIBA.

    The fact of downloading an element from the Website onto his computer does not confer on the User any property rights on this element. It is expressly forbidden (1) the permanent, temporary or punctual extraction of all or a qualitatively or quantitatively substantial part of the content of the databases linked to the Site; (2) the reuse, by making available to the public, of all or a qualitatively or quantitatively substantial part of the content of the databases linked to the Site.

    8. Reporting abuse or illegal content

    The User may report any behavior or content on the Website that is manifestly illicit or contrary to the abovementioned rules, by describing it, as well as its location on the Website, in the most precise manner possible, by immediately sending an email with acknowledgement of receipt to HORIBA at the following address services-store.eu@horiba.com. The User is informed that any abusive report may itself be punished.

    9. Electronic signature and evidence agreement

    The validation by the User of forms with tick boxes constitutes an electronic signature which has, between HORIBA and the User, the same value as a handwritten signature.

    The computerized registers, stored in HORIBA’s computer systems under reasonable security conditions, will be considered to be made on a reliable and durable medium that can be produced as proof of communications between HORIBA and the User.

    10. Miscellaneous

    In the event that one of the clauses of these Terms and Conditions is found to be invalid due to a change in legislation, regulation or a court decision, in no way it shall affect the validity and compliance with the other clauses of the Terms and Conditions.

    In the event of a dispute or claim from the User, HORIBA or a third party, only the latest version of the Terms and Conditions will prevail between the parties, whatever the date of the incriminated facts.

    The fact of not applying or enforcing all or part of these Terms and Conditions is not considered to be an acceptance of the violation, non-performance or any subsequent failure to apply the said provision(s) and shall not be considered as a waiver of the right to apply the said provision(s) in the future.

    11. Applicable law and competent jurisdiction

    UNLESS EXPRESSLY STIPULATED AS A MATTER OF PUBLIC POLICY, THESE TERMS AND CONDITIONS OF USE ARE GOVERNED BY AND THEREFORE SUBJECT TO FRENCH LAW. IN THE EVENT OF A DISPUTE OVER THEIR IMPLEMENTATION, EXECUTION OR INTERPRETATION, AND IN THE ABSENCE OF A SETTLEMENT AGREEMENT BETWEEN THE PARTIES, THE COMPETENT COURTS ARE THE COURTS WITH JURISDICTION OVER THE HEAD OFFICE OF HORIBA.