General terms and conditions of sale
1. Scope of application
The General Terms and Conditions of Sale and Use below govern the conditions of Subscription to the glob.art website proposed on the "Subscriptions" space of the website and are opposable to all Subscribers. These terms and conditions govern the rights and obligations of Subscribers and glob.art. They represent the entire agreement between the Subscriber and glob.art. Certain Services of the Site may however require additional and specific Particular Conditions. These Special Conditions complete the present general conditions. Glob.art offers a Subscription Service to a premium economic and financial information flow, i.e. real time access to all the confidential economic and financial analyses of glob.art in French. The fact of subscribing to a Subscription, in accordance with the conditions defined below, implies the Subscriber's full, complete and unreserved acceptance of these general terms of sale and use to the exclusion of all others. In case of non-compliance with the terms of these general conditions, glob.art reserves the right to take any measure to preserve its interests and in particular to ensure the execution of these conditions. Glob.art can then sue the Subscriber for civil and/or criminal liability. Furthermore glob.art reserves the right to terminate the Subscription immediately, without formality and by right, in case of violation of one of the clauses stated below. Any condition to the contrary not accepted by glob.art cannot be invoked against it. The fact that glob.art does not take advantage of one of the present general conditions does not mean that glob.art renounces the right to take advantage of it later.
2. Validation and duration of the Subscriptions
The validation of the order by the Customer implies full and unconditional acceptance of these general conditions. To validate his order, the Customer must click on the button "VALIDATE" at the end of the order. An Acknowledgement of Receipt will be sent by return to the e-mail address given in the Order Form, indicating the exact amount invoiced and the terms of delivery of the order. This Acknowledgement of Receipt constitutes acceptance of the order and validates the transaction. The Customer recognises that the data recorded on the Site constitutes the proof of the transaction (type of Subscription and date) and the data recorded by the payment system described below, the proof of the financial transaction. Glob.art reserves the right to suspend and/or refuse any order from a Customer with whom glob.art is in dispute, for whatever reason, without the latter being able to claim any compensation. Subscription requests received by glob.art are examined one by one by a member of staff of the Site before being put in place, to ensure that there are no "duplicates". Glob.art can at this moment ask for any additional information that it deems useful to ensure the accuracy and completeness of the personal data collected. The setting up of a Subscription is then carried out by glob.art as soon as possible, the new Subscriber will then receive his or her access code, and the effective setting up of the accesses taking into account the technical requirements. The acceptance of cookies is essential for any purchase or subscription on the Site. Subscriptions are taken out for the duration specified in the chosen offer.
3. Prices and payment conditions
The Services offered by glob.art are not free and are payable in one go at the time of registration to the Service by the Customer. The prices in force are those displayed on the Site on the day the order is registered, glob.art reserves the right to modify them at any time. They are indicated in Euros, including all taxes and shipping costs. All orders are payable in Euros. The Customer agrees to pay the full price and the charges relating to the Subscription subscribed to, including taxes, at the time of registration on the Site. The Customer is solely responsible for the actual payment of the Subscription taken out. Any promotional offers are only valid for the duration of the offer in question. Current promotions cannot be combined with each other. They cannot be exchanged for their monetary value or refunded in part or in full. After the specified period, the discount will be definitively lost. Only one method of payment is offered: - payment by bank card via a secure payment server (Cartes Bleues of the GIE bancaire) Carte Bleue, Visa, MasterCard); Online payment by credit card is ensured by the secure PayBox solution, which integrates an encryption process in SSL mode (Secure Socket Layer). The transactions and information concerning the Subscriber are always confirmed. It is advisable to print the confirmation form and keep it. This form also contains all the contact details needed to contact the Site in the event of a problem. Whatever the type of Subscription subscribed to, the user alone is responsible for the payment by credit card of the proposed Service. Glob.art is not responsible for payment problems linked to the malfunctioning of the e-commerce service.
4. Refunds
The Customer has a period of 7 (seven) days from the date of registration of the order to cancel it and be reimbursed. Refunds will be made within 30 (thirty) days after receipt of the request. The reimbursement will be made at glob.art's choice by cheque or bank transfer.
5. Delivery
The Products are directly accessible online on the browser to the Customer after validation. The Content and Services of the different Subscriptions offered by glob.art are only accessible during the duration of the Subscription. Glob.art reserves the right to interrupt access to the Subscription Service in the event of non-payment, after a formal notice to do so has remained without effect for 15 (fifteen) consecutive days.
6. Access to the Service
The Customer accesses the Service from his microcomputer connected to a telecommunications network allowing access to the Site. The acquisition of this equipment, its maintenance as well as the operating costs are the exclusive responsibility of the Customer, glob.art having no obligation whatsoever in this respect. The Subscription does not include the cost of the telephone call or the cost of the Internet access provider. When registering, the Customer chooses a personal and confidential access code for his or her own use only, enabling him or her to connect to the Site. The Customer is solely responsible for the use of this password. In the event of unauthorised use, all resulting costs shall be borne by the Customer. In case of forgetting the access code, the customer should contact glob.art's Customer Service who will send him the necessary elements by email. The customer uses the services of glob.art at his own risk. glob.art can in no way guarantee that the services offered will not be interrupted. Glob.art's obligation to supply is limited to an obligation of means. Glob.art cannot be held responsible if the conditions of access to the website cannot be satisfied in case of force majeure beyond the control of the website, interruption in the telephone services and/or malfunction of the computer tool used by the Client. Glob.art also reserves the right to interrupt access to its service for maintenance and/or improvement work.
7. Customer Service
For any information, question or advice, the Customer Service of glob.art can be contacted at the following address Glob'Art - Customer Service - 4 rue Boule 75011 PARIS or by email at contact@glob.art . All this information is available on the "contact us" page of the Site.
8. Limitation of Liability
All information and data published on the Site are provided for information purposes only. The provision of this data should not be considered, in any way whatsoever, as specific advice or as an aid to decision-making for the purpose of carrying out a transaction or making an investment decision. The photographs and texts reproduced and illustrating the Products presented are not contractual. Consequently, the Site cannot be held responsible for any error in one of these photographs or texts. Neither glob.art nor any of its partners can be held responsible for any damage, direct or indirect, consequential, special, incidental, dissuasive that may result from errors, omissions or delays in the transmission of said information, loss of information or problems with electronic payments. Glob.art cannot be held responsible for the non-execution of the contract concluded, in case of unavailability of the Product, force majeure, malfunctioning, especially of telecommunications. Glob.art will not be held responsible for any indirect damage, operating loss, loss of profit, loss of opportunity, damage or costs. In application of article 1124 of the Civil Code, non-emancipated minors are incapable of contracting. Consequently, glob.art cannot be held responsible in the event of the collection of nominative data relating to a minor without their knowledge.
9. Declaration and Responsibility and obligations of the Subscriber
The Subscriber certifies that he is at least 18 years old. He undertakes to keep his identifiers strictly confidential and personal. The Customer undertakes to provide glob.art with true, exact and complete information when registering on the Site and to keep it up to date without delay. The Customer acknowledges that in case of incompleteness, inaccuracy or expiry of the information collected at the time of registration glob.art can suspend his access to the Site without notification or reimbursement. The Subscriber is solely responsible for the use of his personal identifier. Thus any connection to the Service, made using the Subscriber's identifier, will be deemed to have been made by the Subscriber himself. Glob.art reminds you that the information intended for the Customer must not be disclosed to third parties. The Customer will be held responsible for any unauthorised use of this confidential information which he/she has caused. The Subscriber informs glob.art without delay in case of suspicion of unauthorised use of his account. It is the responsibility of the Subscriber to take all appropriate measures to protect all his data and software from contamination by viruses as well as from attempts to intrude into his computer system by third parties via the Service. The Customer undertakes to use the information obtained via glob.art only for lawful purposes, in accordance with the legislation in force and the Intellectual Property Code in particular and to respect the general conditions stated here or any other indication given within the framework of the of these general conditions. The Subscriber is authorised to use the Service for personal use. It is forbidden to use this online Service for professional, commercial or promotional purposes. The Client recognises that he is responsible for any violation - by him or a third party user of the Services to which he has personally subscribed on the Site - of the present general conditions, of the regulations in force and/or of the rights of intellectual property, of privacy and/or of any other infringement of a right of a third party, whatever it may be. Consequently, the Customer will indemnify glob.art, its directors, employees, suppliers, vendors and service providers for the claims arising from the above mentioned violations, the possible costs of legal proceedings (costs and irreducible expenses in particular) or out of court.
10. Intellectual property
All information made available on the Site (texts, comments, works, illustrations and images reproduced in particular), all trademarks reproduced on the Site, all programs and/or technologies provided in connection with the Site and, more generally, all or part of the Site itself are reserved under copyright and/or intellectual property law for the entire world. The present general conditions do not entail the transfer of any of these intellectual property rights to the benefit of any Customer. Consequently, the only use permitted is for private use, subject to different, even more restrictive provisions of the Intellectual Property Code. It is forbidden for the Customer to reproduce and/or use the brands and logos present on the Site. The Customer is also prohibited from copying, modifying, translating, reproducing, distributing, selling, publishing, exploiting in any other way and distributing in another format in electronic or other form all or part of the information (even partially) present on the Site. Finally, he/she shall refrain from distributing within his/her company or to any third party whatsoever a review and/or a press panorama incorporating all or part of the information present on the Site. The reproduction of one or more of the Contents and Services present on the Site, in their entirety or not, is subject to reproduction rights. Violation of these mandatory provisions subjects the offender, and any person responsible, to the criminal and civil penalties provided for by law.
11. Links
Glob.art or a third party can establish a link with other sites or sources. Glob.art has no means to control these sites and sources and does not guarantee the availability of such sites and external sources. Glob.art is not responsible for the content of these sites or sources and excludes all responsibility and guarantee for this content. The links are mostly made automatically and because of their number cannot be checked by the glob.art staff in any way. If there is a link on the pages of the glob.art websites to an external page in which illegal content has been published by a third party, glob.art will delete the link to this page after having been informed about the content.
12. Confidential information
Glob.art respects the privacy of its users and clients and strictly complies with the laws in force on the protection of privacy and individual freedom. Glob.art commits itself to the fact that all personal information about the Client contained in the Registration Form will be considered as confidential information. Glob.art commits itself to the fact that the personal information of the Customer will only be used for transactional purposes and, if necessary, for prospecting for Products and Services of the Site or of third party companies, partners of glob.art. In accordance with the French law on information technology and freedom of 6 January 1978, the Customer has the right to access, rectify and oppose personal data concerning him/her. The customer has the possibility to exercise this right online by going to his Account on the Site or by writing to the Customer Service, by email or post. The customer acknowledges that, unless he/she notifies glob.art to the contrary, his/her details can be kept by glob.art and used for canvassing purposes for other services and/or products offered by glob.art. Furthermore, glob.art certifies that its files and its automated processing of personal data have been declared to the CNIL in accordance with the law on information technology and freedom of 6 January 1978. Glob.art reserves the right to inform its Customers by e-mail about the evolution of its own Services or commercial offers. However, the Customer has the possibility to refuse to receive promotional messages from the Site and/or from third party companies partnering with Glob.art when registering by clicking on the corresponding button to deactivate it or, once registered or subscribed, by modifying his personal information online in the subscriber area. Notwithstanding the foregoing, glob.art may disclose aggregate statistics and general demographic information about the Customer and his or her activities that do not identify or refer to glob.art's Products or Website or otherwise use or refer to a glob.art brand, trade name or logo. Glob.art also uses this information when it is necessary for the realisation of the Services offered by glob.art. The Client acknowledges that this information will be processed automatically.
13. Applicable texts – Jurisdiction
The present contract is subject to French law. The language of this contract is French. In the event of a dispute, the French courts shall have exclusive jurisdiction.
14. Autonomy of the clauses of the contract
In the event that any of the provisions hereof are deemed inapplicable under the applicable law, the parties agree to renegotiate them in good faith in order to preserve the economic position from which they benefit as close as possible to that mentioned under the provision rendered inapplicable. If the parties are unable to replace such provision in a mutually acceptable and enforceable manner, such provision shall be excluded herefrom and the remainder of the terms and conditions shall be construed as if such provision were excluded and shall remain enforceable.
15. Modification of the general conditions of sale
Glob.art reserves the right to adapt or modify these general terms and conditions at any time. The new general sales conditions will, if necessary, be brought to the attention of the Customer by online modification and will only be applicable to sales made after the modification.
16. Definitions
Subscriber or Customer: refers to a registered user who has subscribed to one of the Subscription offers proposed by glob.art. Subscription: refers to any subscription by a Client/Subscriber for a price and duration determined in the chosen offer to all or part of the Products or Services made available on the Site or in the form of various services not linked to the Site to Subscribers. A Subscription is inseparable from a unique Access Code to which are attached rights of access and use to certain parts of the Site for the duration of the Subscription. If the Subscriber is a legal entity, the Access Code must be assigned to one or more natural persons designated as authorised by the Subscriber. Acknowledgement of receipt: refers to the email sent to the Subscriber by glob.art summarising the essential elements of the Subscription contract and, to this end, including certain elements of the Registration Form. Access Code: refers to the Subscriber's identifier and connection password chosen by the Customer at the time of registration, enabling him/her to identify himself/herself and connect to the various Services provided on the Site and to which he/she has subscribed. Account: refers to the space made available to the Subscriber on the Site, allowing him/her to access, after having identified him/herself by his/her Access Codes, the Services to which he/she has subscribed, his/her contract and any invoices. Content: refers to all the information and publications accessible on the Site and in particular the general structure, texts, images (animated or not), videos, sounds, hypertext links of which the Site is composed; the distinctive signs, brands and logos constituting its graphic charter; and the associated databases as well as their contents, including in particular: textual or numerical data, graphs, tables, photos, videos, presentations, hypertext links. Registration or order form: refers to the form allowing the Subscriber to register on the Site. Product or Service: refers to any Product or Service made available to Subscribers on the Site or in the form of various services not linked to the Site and characterised by a price. A Product is inseparable from the Access Code, to which are attached rights of access and use to certain parts of the Site for the duration of the Subscription. Signature or Acceptance: refers to the Subscriber's acceptance of these terms and conditions by validating online by clicking on the validation button on the Registration Form.
Site: refers to all the content, Products and Services offered by glob.art on the site accessible at www.glob.art Glob.art: refers to the SASU with a capital of 1000 Euros, whose registered office is located at 4, rue Boule 75011 PARIS, registered in the Paris Trade and Companies Register under number 908 755 531.