Terms of Use

These Terms and Conditions of Use and any references made herein to other contractual terms are intended to define the terms of access and use of the website Eshop.xanlite.com (hereinafter, the “Site”) by anyone visiting the Site, whether to obtain information or to make an online purchase (hereinafter, the “User” or “you”). Online purchases are also subject to our Terms and Conditions of Sale, which are freely accessible on our site.

The following Terms of Use govern your access to this Site and your use thereof. Special conditions may also apply to certain content, data or information contained on the Site (the “Content”) and to certain content, data, material or information that you may upload, submit and/or publish on the Site (the “User Content”) or to transactions agreed via the Site. These special terms may supplement these Terms of Use or, and only where expressly stated as such, may replace them.

1. Legal notices

The Site is published by:
YANTEC SAS
with a capital of 801,720 euros
Registered office: 45, avenue Victor Hugo, Bâtiment 264, Aile Nord, Aubervilliers (93300), France, registered with the trade and companies register (RCS) of Pontoise under number 390 995 462, VAT number FR27 390 995 462 Tel.: + 33 (0)1 34 07 14 14 - Email address: contact@yantec.fr

Marketing and site management

SILO DIGITAL

6 rue Robert Grenet
94220 CHARENTON
FRANCE

Tel.: +33 (0)9 72 55 36 60
Email: contact@silo-digital.com
Website: www.silo-digital.com

Site hosting

OVH

SAS with a capital of €10,000,000, RCS Roubaix – Tourcoing 424 761 419 00045, APE Code 6202A, VAT No.: FR 22 424 761 419
Registered office: 2 rue Kellermann - 59100 Roubaix - France.
Publishing Director: Octave KLABA

2. Acceptance of the Terms of Use

Browsing the Site implies the acceptance of and compliance with these Terms of Use. By accessing or using the Site, you agree to be legally bound by the Terms of Use and all conditions referenced herein or on the Site.

3. Changes to the Terms of Use - Interruption of Access to the Site

Yantec reserves the right to make changes to these Terms of Use at any time. The revised Terms and Conditions become applicable as soon as they are published on the Site. By continuing to access the Site or to Use it after such publication, you will be considered to have accepted these changes. We advise you to consult the applicable terms regularly.
Yantec reserves the right to make changes to or update the Site at any time, or to make changes to or update its Content without warning. Yantec reserves the right to limit, refuse or withdraw a particular person’s access to the Site or to part of the Site with immediate effect, without warning, at any time, for a legitimate reason.
Access to the Site may be interrupted without warning in a situation of force majeure, in the event of technical problems outside our control and for the purposes of Site update and maintenance operations.

4. Confidentiality Policy - Personal Data

Personal data provided by the User or collected through the Site will only be used in accordance with Yantec’s confidentiality policy, which is displayed on the Site and supplements these Terms of Use.
The necessary declarations have been made to the CNIL (French Data Protection Authority) concerning the automated processing of personal and named information by Yantec. This information is processed in compliance with the legal and regulatory provisions.
Under Law 78-17 of 6 January 1978 on Data Protection, all Users have the right to access, amend or challenge personal information held about them, and they may exercise this right via Yantec.

5. Cookies

When browsing the Site, information about the User’s browsing history on the Site may be saved in files called "Cookies", installed on the User’s terminal.
The Cookies are used on the Site to identify the services and sections that the User has visited and, more generally, their behaviour in terms of visits. This information can be used to personalise the services and content that appear on the Site and facilitate the User’s navigation of the Site. However, it cannot be used to identify the User.
Cookies are also required in order for certain services to perform properly and to measure Site traffic.
As a User, you are informed of the existence of Cookies by a banner as soon as you arrive at the Site’s homepage. By continuing to browse the Site, you agree to the installation of these Cookies on your terminal.
You may disable the use of “Cookies” at any time by adjusting the connection settings of your Internet browser. You are informed that, if you do so, certain features of our Site may not work.
Each browser has its own configuration for managing Cookies and options. Your browser’s help menu should describe the procedure for changing your settings regarding Cookies.

[- For Internet Explorer: open the Tools menu, then select Internet options – Click on the Privacy tab and choose the desired level.
- For Firefox: open the Preferences menu, then select Options – Click on the Privacy tab then under History select the desired options
- For Chrome: open the setup menu and select Settings – Click on Advanced settings, then on Content Settings, then select the desired options
- For Safari: select Preferences – Click on Privacy and then on Details, then selected the desired options
- For Opera: open the Tools menu, then select Preferences, click on the Privacy and Security tab, then under the Cookies section click on Manage cookies and select the desired options]

You are also informed that in accordance with Article 5 of CNIL Decision No. 2013-378 of 5 December 2013 adopting a recommendation on Cookies and other tracking technologies described in Article 32-II of the Law of 6 January 1978, the duration of validity of your consent to the installation of Cookies is limited to 13 months and requires a further indication of consent in order to be extended.

6. Registration – Account Creation

In order to access certain pages of the Website or to use certain features, you will need to create an account, as per the procedure described below. Creation of an account is free. When you create your account, you have to choose a unique user name or “identifier” and a password; you also have to provide a unique, valid, current and verifiable email address. We will send you a confirmation email with your registration information. If the transmission of this information fails for any reasons whatsoever, your access to the domains, features or characteristics of the Site requiring an account to have been created may be refused or your use thereof may be discontinued. You should update the information you have provided in order to keep your account accurate and up-to-date. You are solely responsible for keeping your password secret.
We reserve the right to change your user name, to delete content that you have submitted to the Site or even to reject or cancel your registration if you choose a user name that appears objectively obscene, indecent, abusive or inappropriate. You are also solely responsible for restricting access to your computer(s). You assume sole liability for all activity relating to your account, your user name and/or your password.

7. Undertakings of the User as contributor

The User undertakes to ensure that any Content it submits to the Site is appropriate, constructive and relevant and does not contain any element that could be illegal or unfit for publication, such as elements that (1) may be defamatory or abusive to another person or entity, (2) may cause harm to persons or damage to property, or defame or harass a person or organisation, (3) may violate the legal rights of a person (including the right to privacy or image rights), (4) are pornographic, obscene, blasphemous, vulgar, indecent or threatening, (5) are inadmissible including from a cultural or ethnic perspective, or (6) suggest or encourage illegal activity. The User also undertakes to ensure no viruses are contained in the Content they submit to the Site. In addition, the User undertakes not to send chain letters, pyramid schemes, surveys or solicitations via the Site and not to forge headers or manipulate identifiers or other data in order to conceal the origin of any Content and/or User Content transmitted by the Site or to use any artifice in relation to its presence on the Site. In general, the User undertakes not to engage in any malicious or fraudulent use of the Site and not to saturate the Site.
The User warrants that any Content they may submit to the Site does not violate any exclusive right belonging to a third party, including but not limited to copyrights, trademarks, patents and other intellectual property rights, or any obligation of confidentiality.
The User warrants that any ideas, presentations, data, information or other Content that it submits to the Site, and which are not protected by intellectual property rights, may be used by any other User without financial consideration or mention of the source.
As needed, the User hereby grants to Yantec a non-exclusive, royalty-free, irrevocable and worldwide licence to use, reproduce, prepare derivative works from, distribute, perform or display in public, transmit and publish the User Content provided by you, either on the Site or on any other Yantec site, or in Yantec’s marketing or public relations material, via any media, with the option to transfer the benefit of this licence, including by sub-licensing it or selling it.

You are solely liable for your own User Content and the consequences of its display, presentation and/or publication. Yantec may review and check the User Content before and/or after publishing it but is not obligated to do so. However, you acknowledge that we cannot check or review all User Content. Yantec shall not and may not in any way be considered liable for the accuracy, completeness, quality or validity of User Content posted by third parties on the Site.
Yantec does not endorse any User Content or any opinion, recommendation or advice expressed herein and Yantec expressly disclaims all liability with respect to the User Content.
Yantec reserves the right, at any time, to delete messages or any other User Content that is clearly inappropriate in nature or that clearly violates these Terms of Use, and to do so without the User’s prior authorisation.

8. Limitation of Liability

ALL INFORMATION (INCLUDING TEXT, IMAGES, GRAPHIC ELEMENTS, LINKS AND OTHER MATERIAL) APPEARING ON THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE EXTENT PERMITTED BY LAW, YANTEC AND ITS SUBSIDIARIES GIVE NO WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLICIT, WITH REGARDS TO THE CONTENT OF THE SITE OR TO THE USER CONTENT APPEARING ON THE SITE. Neither Yantec nor its subsidiaries guarantee (i) that the Site will meet the User’s requirements, (ii) that the Site will be usable without interruption, at the right time, or will be secure or error-free, or (iii) that the information displayed on the Site will be accurate, complete or reliable.
In addition, Yantec may not be held liable for interruptions or omissions caused by the dysfunction of Internet, network or hosting services and does not guarantee that the Site, the services that make the Site available, or the electronic communications sent by Yantec are free of viruses or other harmful elements.

It is up to the User to ensure that their Internet connection is secure in order to protect their equipment, data and software from intrusions. Any download made from the Site is done at the User’s own risk and the latter remains solely liable for damage caused to their computer system or loss of data that may result from the download. The User is solely liable for any damage that may result from the Content it provides on the Site or any violation of these Terms of Use. In the event of a claim or legal proceedings arising from a message or any other User Content, Yantec reserves the right to disclose the identity of the User to the relevant authorities, as well as any other information that Yantec may have about the User. UNDER NO CIRCUMSTANCES IS YANTEC LIABLE FOR CONSEQUENTIAL DAMAGE (including loss of data) RESULTING FROM ACCESS TO THE SITE, ITS CONTENT OR THE USER CONTENT, EXCEPT TO THE EXTENT THAT IT IS PROVEN THAT THE DAMAGE RESULTS DIRECTLY AND SOLELY FROM INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE ON THE PART OF YANTEC. In the event that the User, particularly when due to their geographical location, is imperatively subject to a legal system that does not permit any of the aforementioned exclusions or limitations of liability or guarantee, these exclusions or limitations will only be discounted to the extent prescribed by the imperative rules applicable to the User, and the discounting thereof shall be limited to the fullest extent permitted by said applicable law, with the disclaimers and limitations stipulated here retaining their effect to the greatest extent possible.

9. Content/Third-party Software

Yantec is not in any way liable for the content of any site belonging to a third party to which the Site may refer through a hyperlink, whether this hyperlink is provided by the Site, a User or any other person. Any link on our Site towards another site does not in any way constitute approval of content, and no guarantee is given with regards to the accuracy or relevance of the content of any site to which the Site may lead, Yantec disclaiming any liability in this regard. Any software made available for downloading elements from the Site or through it is licensed under the terms of the applicable licence agreement. Except where stipulated otherwise in the applicable licence agreement, the software is only made available to the User in their capacity as end user and any other copy, reproduction or redistribution of the software is prohibited. WHERE RELEVANT, THE WARRANTIES RELATING TO SOFTWARE APPLY ONLY AS EXPRESSLY STATED IN THE APPLICABLE LICENCE AGREEMENT. YANTEC HEREBY EXPRESSLY DENIES ANY OTHER DECLARATION OR WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLICIT, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT WITH REGARDS TO THE SOFTWARE.

10. Intellectual Property - Confidentiality

The copyright and all other intellectual property rights over the Content provided by Yantec, the Site operating and publication software, data collection on the Site and the order, sequence and availability of the Site all belong to Yantec SAS. All rights over the Content not expressly agreed herein are reserved. XanLite is a registered trademark of Yantec SAS. The use and registration of the name XanLite are exclusively reserved by our company. You may not register or use a company name, legal name, trading name, domain name or any other name, indication or description including the name XanLite, a name similar to it or even any name composed of a part of the name XanLite, or that includes any other registered trademark belonging to Yantec SAS.

11. Status of information displayed on the Site with regards to intellectual property rights

The Site is essentially public. You are therefore warned that if you display an invention as part of your User Content, this is likely to constitute “publication” of this invention under patent laws, and as such you cannot hold Yantec liable for loss of patentability due to lack of novelty. You acknowledge that any User Content displayed and/or explained on the Site may form the subject of patents, copyrights, trademarks and other intellectual property rights belonging to Yantec. If you plan to use ideas, proposals, suggestions or solutions or any User Content displayed on the Site and originating from another User, you are responsible for seeking the appropriate release of intellectual property rights before undertaking any related business activities.

12. Indemnity and Discharge

You undertake to indemnify Yantec and all its directors, managers, employees, shareholders, legal representatives and agents, and their respective successors and beneficiaries and to compensate them for damages, liabilities, debts and costs (including lawyers’ fees, professional fees and reasonable litigation fees) that may result from the posting, content or transmission of a message, data, material or any other User Content that you display on the Site, or from any violation of these Terms of Use by you. In the event of a claim or legal proceedings arising from a message or any other User Content, Yantec reserves the right to disclose the identity of the User involved, as well as any other information that Yantec may have about them. If you have a dispute with one or more users, you discharge Yantec and all its directors, managers, employees, shareholders, legal representatives, agents and their respective successors and beneficiaries from any claims, demands or actions for damages (actual or consequential) of any type or kind, known or unknown, resulting from this dispute or related thereto in any way whatsoever.

13. Closure of the Site

Yantec reserves the right to close the Site or part thereof at any time, temporarily or definitively, for any reason whatsoever without notice or authorisation. Consequently, Yantec may not be held responsible for not storing or deleting any Content and/or User Content present on the Site. The definitive closure of the Site will always be done subject to the completion of orders in progress placed via the Site by Users.

14. Applicable Law and Settlement of Disputes

These Terms of Use are subject to French law. You accept the non-exclusive jurisdiction of the Paris courts for all disputes, claims or actions resulting from or in the context of these Terms of Use or your use of this Site or relating thereto, including disputes concerning the existence or validity of these Terms of Use, on the condition that you agree to refer these disputes, claims or actions exclusively to the Paris courts. However, you are reminded that consumers domiciled in a Member State of the European Union have the option to refer to the court local to their domicile, in accordance with Article 16 of Regulation 44/2001.

15. Final Provisions

If any provision of these Terms of Use is judged invalid or non-applicable, the invalid or non-applicable provision will be replaced by the valid or applicable provision that corresponds most closely to the intention of the original provision, and all other provisions will remain applicable.

16. No Waiver

Yantec’s failure to enforce any of these Terms of Use does not constitute a waiver of any of Yantec’s rights under these Terms of Use in relation to anyone’s past or future actions. Only an express, written waiver, signed by an authorised representative of Yantec, will be legally binding.

TCU, Version dated 1 November 2015