This website www.mysaba.eu (hereinafter the « Site ») is owned and operated by Talisman Brands, Inc. d/b/a Established. (“Established.”), a company incorporated under the laws of Delaware, United States of America, and registered office at 1013 Centre Road, Suite 403-B, City of Wilmington, County of New Castle, State of Delaware 19805, United States of America (hereinafter “Established.”).
The Site is a showcase site intended to present the brand SABA, its history, its values, the products of the brand, to inform visitors about current or future events, to offer newsletters. The Site does not constitute an ecommerce site and does not offer any associated functionality that directly or indirectly allows the sale of the product (s) on the Site.
The Site also hosts dedicated webpages for SABA brand licensees, who distribute in their respective country/(ies) products under the trademark SABA (“Licensees” as defined in Article 1 below). These dedicated webpages are identified as such and are published by the Licensees themselves under their full responsibility in accordance with the provisions of Article 7.2 below.
The SABA brand is available in a wide range of products marketed in more than fifty countries, such as television, audio-video equipment, small and large appliances, health and well-being (“Products” as defined below).
The information available on the Site does not constitute an official source for the technical, scientific or organizational regulations and standards applicable to SABA Products. These contents have been developed solely for the purpose of presenting and promoting the SABA brand.
ARTICLE N ° 1.DEFINITIONS
Capitalized terms in this document have the following meanings:
Established. Designates Talisman Brand Inc. as identified in the preamble.
Contents Refers to any element, data, application, software, interface, database, work or component of any kind and of any kind such as text, visuals, images, sounds, videos, photos, illustrations, drawings, icons, creations computer graphics or infographic, audio and / or video animations of the Site.
Intellectual Property Rights
Intellectual Property Rights means all rights and / or titles of intellectual property within the meaning of the French Intellectual Property Code, and in particular patents, patent applications, trademarks, trademark registrations, logos, domain names, designs and models, rights copyright, rights related to copyright, sui generis right of the producer of databases.
Licensee Webpages Refers to the webpages of the Site dedicated to a Licensee, the content of which is published by the Licensee under his responsibility, on which the Licensee may present the Products he markets as well as the events in which he participates, promotions and news.
Confidential Information Refers to all information and / or data of any nature (including technical, commercial, legal, strategic or financial), presented as confidential at the time of their communication by a Party and transmitted via the Site to the other Part.
Licensees Refers to the manufacturers and / or distributors of the Products, having a SABA brand operating license. Licensees are third-party companies that are independent of Established..
Parties Designate Established. and the Visitor.
Country Refers to the countries in which the Products are marketed and from which the Licensees are established.
Providers Refers to the third party provider (s) for the development, hosting and / or maintenance of the Site.
Products Refers to the products presented on the Site and marketed by the Licensees under the SABA brand.
Site Refers to this accessible website www.mysaba.eu
Licensee Website Refers to the external website of the Licensee edited and hosted by the Licensee, under its own brand, accessible via a hypertext link present on the Licensee Webpages and / or on the Site.
SABA Designates the eponymous brand of consumer and home electronics products owned by Technicolor and managed by Established., registered and / or registered as a word mark and / or semi-figurative throughout the world.
Visitors Refers to the persons who consult and / or use the Site and its services.
ARTICLE N ° 2. OBJECT OF TERMS AND CONDITIONS
The purpose of these Terms and Conditions is to define the terms and conditions under which Established. makes available to any Visitor, the Site, the Contents, as well as its service offering around the SABA brand. The Terms and Conditions apply to any Visitor. Continued navigation by the Visitor on the Site implies acceptance of these Terms and Conditions.
ARTICLE N ° 3. FUNCTIONALITIES
The Site does not offer SABA Products for sale and does not offer e-commerce activity.
The Site offers content and services in the following categories, subject to change:
Présentation de la marque SABA et de ses actualités ;
• Presentation of the SABA brand and its news;
• The universe of SABA Products;
• Licensee Webpages;
• The redirection and after-sales service support; and
• The newsletter and the contact page.
A search engine is also available to Visitors to access different parts of the Site.
Established. may offer visitors from the Site access to other services posted on other websites and / or platforms. Visitors who continue to browse these websites and / or platforms are informed that these services are not covered by the Terms and Conditions and obey the distinct contractual conditions of their publisher.
ARTICLE 3.1.SABA BRAND AND ITS NEWS
The Site offers information on the history of the SABA brand and its legacy in SABA Products. Visitors can learn about the values of the brand, its history since its creation in 1883 until today, and discover a series of advertisements and promotional posters dating from different periods of the brand. The use of these advertisements and posters is subject to the conditions indicated in the article “Intellectual Property” herein.
The Site also provides more general information about Established. and the Licensees, which may be freely accessed by all Visitors to the Site. These contents are not adapted according to the Visitors and relate only to the values and universe of the brand. They may include group announcements as well as Established.’s events and charities.
As part of these services, Established. publishes an online magazine on part of the Site, under the title “SABA MAG”, and publishes press releases and press contacts on the Site.
ARTICLE 3.2. THE UNIVERSE OF SABA PRODUCTS
The Website provides Visitors with information services on the SABA Brand Products, allowing them to access SABA Products, as appropriate, through the various categories, ranges and sub-ranges of the SABA Products, up to the Product Data Sheets themselves, when these data sheet are proposed by the Licensees.
The product information sheets (including, if applicable, the operating instructions and / or installation drivers) are offered by the Licensees on their Licensee Webpages under their sole responsibility. According to the policy of the Licensee, the latter may also put on line the declarations of conformity of SABA Brand Products listing the Community standards complied with by the Products.
Exceptionally, Established. may offer on the Site advertisements advertising promotional offers relating to the Products. These advertisements are formally identified as promotions and do not lead to the realization of targeted prospecting actions or to the conclusion of online sales contracts on the Site.
ARTICLE 3.3.LICENSEE WEBPAGES
Established. hosts on its Site dedicated Licensee Webpages, made available to Licensees under their control and responsibility, to allow them to upload their own content and information, including a detailed presentation of the Products they market, the identity of their distributors (“where to buy”), their current and future news and events in the Countries in which the Licensees are established.
The Licensees may thus offer, the provision of advice and tips for better use of the Products, as well as several services to which the Visitor accesses if necessary by visiting the External Website of the Licensee. Among the services offered by Licensees are (i) the registration of Products, (ii) the registration of newsletters specific to the Licensee or (iii) the posting of exceptional promotional offers.
i. The registration of SABA brand products acquired by visitors in store or on the Internet is used to facilitate their support in the context of a possible use of after-sales service. The terms and conditions of registration are described by the Licensee on its Licensee Webpages and / or on its Licensee Website.
i. The registration to one or more newsletter (s) of the Licensee follows the editorial policy of the Licensee on its own Licensee Website. If the existence of the newsletter (s) can be mentioned from the Licensee Webpages, the Visitor must compulsorily leave the Site and go to the Licensee Website to register for one or the other of them, according to the conditions and under the exclusive responsibility of the Licensee.
i. The proposal of ad hoc promotional offers on their products. Any Visitor who intends to benefit from the offer must go to the Licensee website, either to obtain the benefit of the discount or promotion proposed, or to conduct acts of electronic commerce, or for any other promotional action and / or prospecting, under the conditions and under the exclusive responsibility of the Licensee.
Established. does not control or participate in the provision of the services identified above. Its role is limited to that of hosting the Licensee Webpages under the conditions of the article “Liability” below.
ARTICLE 3.4.REDIRECTION AND AFTER-SALES SERVICE SUPPORT
The Site allows Visitors to access a portal for the purpose of identifying the responsible Licensee corresponding to the Product and the Visitor’s Country, in order to redirect the Visitor to the corresponding Licensee Webpages and/ or Licensee Website. Visitors have access to the after-sales service information posted by Licensees on their Licensee Webpages and/ or Licensee Website.
Licensees, where applicable, set up their after-sales service procedures on their Licensee Webpages and / or on their Licensee Websites, under their sole control and responsibility. Established. does not control or participate in the provision of these services on these websites.
Visitors may use the redirection and after-sales service support, in particular via the Site’s internal search engine, in order to access the download of the notices and drivers otherwise made available on the Site. Their download is subject to these Terms and Conditions, including the dedicated article “Intellectual Property” below.
ARTICLE 3.5. SABA NEWSLETTER & CONTACT FORM
ARTICLE N ° 4. TERMS AND CONDITIONS OF USE OF THE SITE
Visitors have free and free-of-charge access to the Site, without registration or creation of account. The costs of access and use of the telecommunication network are nevertheless to be borne by them.
ARTICLE 4.1. MINIMUM CONFIGURATIONS
In order to access the functions optimally, it is recommended to use the following browsers:
• Internet Explorer versions greater than 11.0;
• Microsoft Internet Edge version greater than 12.0;
• Mozilla Firefox versions greater than 30.0;
• Apple Safari versions greater than 6.0;
• Google Chrome versions greater than 28.0.1500;
• Android Browser version greater than 4.0 or
• Opera versions greater than 34.0.
Visitors must ensure that they have the hardware, software, interoperability programs, configurations and other elements allowing sufficient connection to the Internet and access to the Site, under their sole responsibility.
ARTICLE 4.2. LINKS TO OTHER SITES
Established. offers on the Site hypertext links to third party sites, including but not limited to the Licensee websites. These links are based on the interest of the content offered by these sites, at the time the links were created. However, since these third-party sites are inherently independent of Established., they may change without notice and Established. cannot guarantee the durability of the content accessed by these links over time.
Consequently, Established. cannot be held responsible for the contents accessible from the links, and declines all editorial responsibility in this respect. Any Visitor viewing a link on the Site and leading to content that appears outdated or inappropriate is encouraged to report it via the contact page. Established. assumes no responsibility for the information published on these sites and the hypertext links provided do not imply any guarantee regarding the content of these sites.
Similarly, if a Visitor uses the sharing of the Site’s content on social networks, Established. is not liable for the Visitor’s personal data processing on these networks nor for the use of the website that can be made of sharing by other users of the network. The Visitor is obliged not to accompany this sharing of false, discriminating or disparaging information.
ARTICLE 4.3. AVAILABILITY OF THE SITE
Established. makes the Site available to Visitors, subject to technical hazards and applicable maintenance periods. Visitors are informed of any access interruptions that may result. Consequently, Established. cannot guarantee permanent accessibility to the Site and cannot be held responsible for any slowdowns or downtime. Access to the Site is provided as part of an obligation of means.
Visitors recognize that they are aware of the technical characteristics and the risks related to loading times, consultation or other transactions carried out on the Internet, the very constitution of the network preventing to know the flow of the recipient, the path taken by the data or the rate of availability bandwidth. Visitors also acknowledge that they are aware of the potential for security and privacy breaches of data and content sent and received over the Internet.
ARTICLE N ° 5. PROTECTION OF PERSONAL DATA
The supply of certain services of the Site by Established. implies the collection by it, the reproduction on its systems, the treatment, the consultation, the visualization, the loading and other processing of personal data, in particular relating to the Visitors. Established. is responsible for processing and uses Providers for the purposes of their accommodation.
Established. does not carry out any transfer of personal data outside the French territory, and does not communicate personal data to third parties.
ARTICLE 5.1.RESPECT OF APPLICABLE LEGISLATION IN THE PROTECTION OF PERSONAL DATA
Established. undertakes to respect the French law relating to the protection of personal data and privacy, including by transposition of the European Directive CE / 95/46 and in application of the French law n ° 78- 17 of January 6, 1978 “Informatique & Libertés”, as well as in accordance with the European Regulation n ° 2016-679 of April 27, 2016 relating to the protection of individuals with regard to the processing of personal data and to the free circulation of these data.
ARTICLE 5.2. SECURITY AND CONFIDENTIALITY OF PERSONAL DATA TREATMENT
Established., its staff and its Providers shall take all necessary measures to preserve and enforce the integrity and confidentiality of visitors’ personal data in connection with the provision of services on the Site, and in particular to make accessible and access to personal data only to Established. personnel and its duly authorized and authorized Service Providers due to their functions and quality, within the strict limits of what is necessary for the performance of their duties.
Established. and its Service Providers undertake to implement any security system in compliance with the standards in force, to ensure the confidentiality and security of personal data against the risk of intrusion, leakage, misappropriation or corruption.
This Article 5 “Protection of Personal Data” will survive the termination of the Terms and Conditions for any reason whatsoever.
Established. declines all responsibility for any website, different and external to the Site, including the Licensee Websites. Visitors and any natural person concerned are invited to refer to the privacy policies of these third-party sites in particular to learn how to exercise their rights of access, rectification, opposition and deletion.
ARTICLE 5.3. COLLECTION AND PROCESSING OF PERSONAL DATA
Established. proposes to export a comparison between the characteristics of different SABA Brand Products by indicating an e-mail address. This e-mail address may be considered as personal data, especially if it includes the identity of the natural person who uses it. As a result, Established. has implemented strict usage limits: the email address is deleted immediately after sending the email containing the comparison.
ARTICLE 5.4. SHARING ON SOCIAL NETWORKS
Established. et ses partenaires utilisent des cookies sur le Site pour faciliter la navigation du Visiteur et analyser l’utilisation du Site par le Visiteur.
ARTICLE N ° 6. INTELLECTUAL PROPERTY
Established. is and remains the owner of all Intellectual Property Rights relating to the Content and the Site or declares to have the necessary authorizations of the beneficiaries to the exploitation of the elements belonging to third parties. The Terms and Conditions may not be construed as assigning or transferring any Intellectual Property Rights to Visitors or any third party.
The Visitor agrees:
• to do nothing that may infringe Established.’s Intellectual Property Rights;
• to refrain from challenging any of these Rights in any way.
With respect to the use by the Visitor of the Site, of the Content and the Services offered on the Site, Established. grants the Visitor a personal, non-exclusive, non-transferable and non-transferable right to access the Site, to navigate the Site and use the services offered on the Site in strict compliance with the Terms and Conditions, for the duration of their visit and for Europe. The Visitor undertakes in particular to use the Site and the Content in a manner consistent with their destination.
ARTICLE 6.1. LIMITATION OF USE
In accordance with Article L. 122-5 of the Code of Intellectual Property, the reproduction of an element of the Site for personal purposes and for strictly private use is authorized, which expressly excludes any reuse for commercial purposes and any transmission to any third party. The Visitor is informed that any unauthorized use of all or part of the Site is liable to prosecution, and prohibits any communication to third parties or any re-use for purposes other than its training.
With regard more particularly to the trademarks, logos, visuals and other distinctive signs present on the Site, whether they belong to Established. to its Partners or to the Licensees, the Visitor is prohibited from using them, to reproduce, to alter, to redistribute, disseminate or otherwise make available to the public, or associates, other products or services.
Visitors are prohibited from making any temporary or permanent reproduction of all or part of the Site, by any means whatsoever. In addition, any dissemination, distribution, direct or indirect provision of all or part of the Site for the benefit of a third party or the public, free of charge or onerous, as well as any translation, adaptation, arrangement or modification of the Site is prohibited, in particular with a view to creating a similar service. Similarly, the extraction or reuse of a qualitatively or quantitatively substantial part of the databases used by the Site is prohibited.
ARTICLE 6.2. DOWNLOADS
The downloading of the vintage posters and / or advertisements of the SABA brand, as well as, if applicable, the downloading of the instructions for use of the Products and / or the installation drivers are subject to the following conditions of use: Visitor has a personal, non-exclusive, free, non-assignable and non-transferable right to use the vintage posters, advertisements, Product Usage notices and / or installation drivers for strictly personal and non-commercial purposes within the country of download, in the format in which they are downloaded, in a private setting and limited to the family circle, for the duration of the intellectual property rights applicable to vintage posters, advertisements, Product Usage notices and / or installation drivers in the country of download.
The use of these elements is the sole responsibility of the Visitor, who recognizes and expressly accepts the risks, excluding any correction, update or new version. The Visitor who makes the download undertakes not to modify the elements and refrains from decompiling or proceeding to a reverse engineering of the installation drivers, except contrary mention, written and express.
The Visitor can not propose these elements to third parties, or transfer the right thus granted to him. Any other use is expressly prohibited, especially in application of the limitations of use of this article “Intellectual property”.
ARTICLE N ° 7. RESPONSIBILITY
ARTICLE 7.1. ESTABLISHED. IS THE SITE PUBLISHER
Established. undertakes to make the Site available and to provide accurate information in the context of an obligation of means. Visitors use the Site at their own risk. Established. cannot be held liable for any occasional or insubstantial errors that may occur on the Site. Established. invites any Visitor who notices an error to report it to Established. via the “Report a page” page.
ARTICLE 7.2. LIMITATION OF THE SITE
The Visitor undertakes not to make the Site and the Contents a use contrary to the applicable law, in particular the right of electronic communications, nor to contribute to such a use.
Subject to the applicable regulatory provisions, Established. cannot be held liable for any indirect damages of the Visitor and / or any third party, including any loss of data, loss of opportunity, loss of profit, cost increase, action or claim initiated by a third party, absence or weak response to a commercial prospection, without such list being limitative. Subject to applicable regulatory provisions, and in the absence of gross, willful or intentional misconduct of Established., Established.’s liability, for all causes, is limited –(i) to the amount of the price of the SABA Brand Product concerned or –(ii) if the Product is not in question, at XX euros.
Established. is not an official body or a public law person. For any administrative information relating to the Products, Visitors are invited to refer exclusively to the information given on the official websites of the public administrations concerned.
Established. reserves the right to discontinue access to the Site and the Licensee Websites and / or to remove the disputed content of its servers or those of its Service Providers, without notice or compensation to the Visitors, notwithstanding the option for Established. to continue the compensation for its possible damages.
ARTICLE N ° 8. CONFIDENTIALITY
The consultation of the Site is not covered by an obligation of confidentiality, but the possible exchanges with the Established. teams, in particular following the use of the contact page, can constitute Confidential Information.
In this event, each of the Parties undertakes to– (i) keep confidential all Confidential Information it receives from the other Party, and in particular– (ii) not to divulge the Confidential Information of the other Party to any third party, other than the persons needing to know them for the execution of these Terms; and –(iii) use the Confidential Information of the other Party only for the purpose of exercising its rights and fulfilling its obligations under these Terms and Conditions.
The obligations of the Parties with respect to Confidential Information shall remain in effect during the entire period of consultation of the Site and as long after its completion, that the information concerned shall remain confidential to the Party disclosing it.
Established. is committed to ensuring compliance by its subcontractors with the security and confidentiality conditions of the Confidential Information hosted, and ensures the implementation of physical and logical security measures, and necessary access restrictions, as part of an obligation of means.
ARTICLE N ° 9. MISCELLANEOUS
ARTICLE 9.1. PARTNERSHIPS
Established. may propose to Visitors on the Site to consult or participate in promotional or charitable activities of third parties. Established. declines any responsibility in the organization and the conduct of these actions of third parties, nor in the contents that the third parties can choose to make available to the Visitors. Within the limits of the applicable law, Established. excludes all responsibility and guarantee for all damages that may result from the consultation or participation of Visitors in the actions and programs of these third parties. Established.t does not represent and is not represented by these third parties, and any statement, commitment, statement or promise made by any third party is binding only on that third party, without incurring the liability of Established. in any manner whatsoever.
ARTICLE 9.3. OTHER
In case of force majeure, the obligations of Established. relating to the Site will be suspended during the duration of this cause. Expressly, are considered as cases of force majeure those usually retained by the jurisprudence of the French courts and tribunals, as well as cases of fraudulent introduction on the computer system and / or hacking data of Established..
ARTICLE 9.3. OTHER
The Terms and Conditions express the entirety of the obligations and the agreement between the Parties and replace all other agreements, written or oral, concerning their object.
In case of nullity of a stipulation of the Terms and Conditions, the other stipulations will remain in force. The Parties will then agree to adopt a new stipulation that will replace the relevant provision.
The fact that one of the Parties does not require the application of any clause of the Terms and Conditions can in no way be considered as a waiver of the rights it holds in the Terms and Conditions.
Established. reserves the right to assign all or part of its obligations to any third party of its choice. In addition, the Terms and Conditions do not include any exclusivity, Established. remains free to make any service of Established. available to any third party, directly or indirectly, without restriction.
Established. elects domicile at its address in these Terms and Conditions.