THE GENERAL TERMS AND CONDITIONS OF USE OF TUBESCA-COMABI.COM

Date of the latest update of the GTCU : 02/02/2023

The website’s legal notice can be consulted by clicking here.

ARTICLE 1 – PRESENTATION OF THE WEBSITE AND GENERAL PROVISIONS

1.1. These General Terms and Conditions are agreed between the company TUBESCA COMABI, SAS with a share capital of 6393200,00 euros, registered at the RCS in BOURG EN BRESSE under number B 422 481 838 and located at 976 RTE DE ST BERNARD 01600 TREVOUX, and the Users of the website https://www.tubesca-comabi.com, hereinafter referred to as the “Website”, hereinafter referred to as the “Users”, Tubesca-Comabi and the Users being hereinafter referred to as the “Party(ies)”.

The Users are defined as professionals. A professional is defined as “any natural or legal person, public or private, who is acting for purposes relating to his commercial, industrial, craft, liberal or agricultural activity, including when acting on behalf of another professional”.

1.2. The purpose of the Website is:

– to present the manufacturer’s product ranges, providing rich content

– to enable Users to create their personal account and to have access to certain features; a dedicated sales contact, certificates, e-learning, etc.

– to provide a directory of partner resellers offering the manufacturer’s products for sale

The Website does not allow any products or services to be ordered or paid online.

Tubesca-Comabi shall provide assistance by telephone on +33 (0) 4 74 00 90 90. Users may also contact Tubesca Comabi by email at communication@tubesca-comabi.com

1.3. The following general terms and conditions govern the terms of use of the Website and its functionalities by the Users.

Browsing the Website implies full and unreserved acceptance by Users of the rules set out below.

The following general terms and conditions cancel and replace the previous terms and conditions in force. Tubesca-Comabi shall reserve the right to adapt, modify or update these general terms and conditions of use at any time. In any event, the general terms and conditions that apply are those in force on the day of browsing the Website.

Should one of the Parties fail to invoke one of the present terms and conditions at a given time, such failure shall not be considered as a waiver of the right to do so at a later date. The cancellation of a clause of these general terms and conditions shall not affect the validity of the general terms and conditions as a whole.

ARTICLE 2 – CREATION OF A PERSONNAL ACCOUNT

2.1. Users must log in to their personal account or create one in order to benefit from the various features of the Website.

When creating a personal account, Users shall provide complete and accurate information. Users agree to update this information immediately in the event of a change.

Users are responsible for the information entered at the time of registration and for any modification of their personal account. Tubesca-Comabi cannot be held responsible for any malfunctions caused by errors made by the Users.

2.3. The Users’ login and password are placed under their exclusive responsibility, and the Users undertake to keep them secret and not to disclose them in any form whatsoever. If the Users’ password is lost, misappropriated or used in an illegal manner, the Users must implement the password recovery procedure provided on the Website.

The Users shall be deemed to have accessed the Website and used its functionalities from their own personal account.

ARTICLE 3 – DESCRIPTION OF THE WEBSITE’S FUNCTIONALITIES

3.1. Presentation of the manufacturer’s product range

The Website presents the manufacturer’s range of height access and work at height products.

Tubesca-Comabi shall endeavour to ensure the accuracy and updating of the information published on this Website and shall reserve the right to modify it at any time and without prior notice.

Any Users wishing to purchase products and/or services presented on the Website is invited to contact Tubesca-Comabi using the contact form or by email communication@tubesca-comabi.com to obtain information on the availability of the products and/or services concerned, as well as the contractual conditions and prices that shall apply to them.

3.2 Directory of resellers

The Website contains a directory of partner resellers offering products manufactured by TUBESCA COMABI.

The User is informed that there is no automatic transfer of their information to the resellers.

It is the User’s responsibility to contact one of the resellers listed to make an appointment with them or to obtain prices of the products.

3.3. Information request

TUBESCA COMABI provides the User with a contact section in which they can ask questions about its products and services and request quotations.

3.4. Chatbot

The TUBESCA COMABI website has a chat tool to help the User navigate the website and which they can use to ask any question they may have. This chatbot is available during the company’s opening hours. Monday – Friday, 08:00-12:00/14:00-17:00.

3.5 E-learning

The “distributor” customer account of the TUBESCA COMABI website provides direct access to the manufacturer’s dedicated e-learning platform. This platform is used for self-training/providing information about all the ranges and products.

ARTICLE 4 – ACCESS TO THE WEBSITE AND USE OF ITS FEATURES

4.1. The Website can be reached via the following address : « https://www.tubesca-comabi.com/ ».

The browsing of the Website by Users is carried out under the Users’ responsibility. Under these conditions, Users shall browse the Website and use the services in accordance with their purpose and in compliance with these general terms and conditions, without infringing public order, good morals or the rights of third parties.

In this context, Users shall be responsible for providing the computer and communication resources required to use the Website and for acquiring the knowledge required to use the Internet and access the Website. Users shall bear the connection and equipment costs associated with access to the Internet and use of the Website, in accordance with the terms and conditions set by their access providers and/or electronic communications operators.

Users shall be responsible for the computer security of their equipment and, in particular, for any loss of data and security flaws that may result from a virus or hacking. Users hereby declare that they are aware of these risks and accept that Tubesca-Comabi cannot be held responsible for any such malfunctions.

Users are prohibited from:

• Accessing or attempting to access the Website by any means other than those made available by Tubesca-Comabi.
• Sharing, with a third party, any login details (users’ name and password), a third party being any person other than the Users to whom the e-mail address is assigned.
• To disturb, slow down or block access to the networks allowing access to the Website.
• To monitor, scan or test the vulnerability of the Website, of its host or of its network or to violate the security or authentication measures.

4.2. Given the free access to the Website and its functionalities, Users hereby acknowledge that the Website and its functionalities are provided as it is and are accessible without any guarantee of conformity, availability, performance, compatibility or regularity.

TUBESCA-COMABI shall endeavour to make the functionalities accessible 24 hours a day, 7 days a week, except in the event of force majeure or an event beyond the control of TUBESCA-COMABI and subject to maintenance periods, possible breakdowns, technical hazards linked to the nature of the Internet network or acts of malicious intent or any damage to TUBESCA-COMABI’s hardware or software.

TUBESCA-COMABI shall in no case be held responsible for any interruption in functionality, whatever the cause, duration or frequency.

Users acknowledge that the transmission speed of information does not depend on TUBESCA-COMABI, but on the inherent characteristics of electronic communication networks and the technical characteristics of the Users’ connection method.

TUBESCA-COMABI shall not be held responsible for the use made of the Website and its functionalities by the Users and for any damage that may result for the Users or third parties.

In particular, TUBESCA-COMABI shall not be held responsible for the information provided by the Users for the creation and management of their personal account.

4.3. The Website and its functionalities are made available to Users by TUBESCA-COMABI free of charge and for an indefinite period.

TUBESCA-COMABI shall reserve the right to modify the characteristics of the Website and its functionalities, in particular according to technical or commercial developments. It shall retain full discretion in carrying out any updates.

Given the free access to the Website and the use of its functionalities, TUBESCA-COMABI shall be entitled to suspend access and/or terminate access to all or part of the features provided to Users, without prior notice or compensation, as of right.

However, should the Users fail to comply with the GTCU or, more generally, in the event of any violation of the regulations in force, TUBESCA-COMABI may automatically terminate, without prior notice or compensation, all or part of the features provided to the Users. TUBESCA-COMABI may terminate the contract without prejudice to any damages to which it may be entitled as a result of such failures.

ARTICLE 5 – LIABILITY

5.1 As TUBESCA-COMABI does not interfere in the possible relationship between Users and the partner resellers, it shall not assume any liability relating to the contract that may have been concluded between them.

In particular, TUBESCA-COMABI shall not be held liable for any claims relating to the quality or conformity of the products or services sold or provided by a partner reseller.

Users are invited to contact the partner reseller to whom they have purchased the products or to whom they have entrusted the performance of the services in question.

5.2 TUBESCA-COMABI shall not be held liable if any damage or non-fulfilment results from the misuse of the Website by the Users or from a fault committed by the Users or a third party or due to force majeure.

5.3 Likewise, it is hereby stated that TUBESCA-COMABI shall not be held liable for any temporary or permanent damage caused to the User’s mobile terminal or computer, nor for any loss or damage that may be caused, in particular, as a result of accessing or browsing the Website.

5.4 Data transmission via Internet may lead to the emergence of errors and/or to the fact that the Website may not always be available. Therefore, TUBESCA-COMABI shall not be held responsible as to the availability and interruption of the online service. Users are reminded that they are advised to protect access to their computer tools with a password and to take out any useful insurance in the event of their loss or theft.

5.5 The Website may contain hypertext links to other websites. TUBESCA-COMABI has no control over the accuracy of the information contained therein or its content. Therefore, TUBESCA-COMABI shall not be held liable for any damage resulting from the use of, access to, or inability to use the information or content of other websites.

5.6. Whenever TUBESCA-COMABI’s liability is incurred as a result of a fault on its part, compensation shall only apply to direct, personal and certain damage caused to Users.

In any event, it is hereby noted that TUBESCA-COMABI declines all responsibility for, in particular:

• Damage resulting from a failure by Users to comply with the rules and recommendations of TUBESCA-COMABI resulting in particular from these general terms and conditions;
• Malfunctions, inability to access or poor operating conditions of the Website, in particular due to unsuitable equipment, disruptions linked to the Users’ access provider and/or Internet network congestion and/or any other reason linked to a case of force majeure;
• Malicious acts from third parties.

ARTICLE 7 – PROTECTION OF PERSONAL DATA – COOKIES

7.1. TUBESCA-COMABI shall collect and process the Users’ personal data of the Website who have chosen to create a personal account or to fill in the contact form. The provisions regarding the processing of such data are described in the Website’s Privacy Policy, which Users are invited to read carefully. TUBESCA-COMABI shall collect, process and store personal data in accordance with the principles of the regulations in force and the recommendations of the CNIL.

The individuals concerned have various rights with regard to the collection and processing of their personal data. They may request access, rectification or deletion of their data. Where appropriate, they may also object to or request the processing of such data to be restricted. They also have the right to the portability of their data in order to obtain a copy of their personal data in a structured, usable and machine-readable format, so that it can be transmitted to a third party, if this request is eligible. They also have the right to lodge a complaint with a supervisory authority and may define directives as to the fate of their data in the event of their death, and register them with trusted third parties certified by the CNIL. These rights may be used in accordance with the provisions set out in the Website’s Privacy Policy.

7.2. TUBESCA-COMABI uses cookies (Axeptio module).

ARTICLE 8 – INTELLECTUAL PROPERTY

The full content of the Website is the property of TUBESCA-COMABI or is used by TUBESCA-COMABI with the consent of the holders of the rights involved.

Users acknowledge the exclusive rights of TUBESCA-COMABI, in particular its trademarks, logos and copyrights, and shall refrain from using them in any way whatsoever and shall refrain from infringing them in any way.

Any use, in any manner whatsoever, of these trademarks, logos, copyrights and/or any other intellectual property rights is subject to the express prior consent of TUBESCA-COMABI or of the holder of the relevant rights.

Any reproduction of all or part of the Website, as well as the creation of hypertext links, is prohibited, unless TUBESCA-COMABI gives its express prior consent.

TUBESCA-COMABI shall reserve the right to request the deletion of any link to the Website which has not been, or is no longer, authorized and/or which would be detrimental to it.

ARTICLE 9 – DISPUTES

9.1. These general terms and conditions of use are subject to French legislation.

9.2. The Parties shall endeavour to find an out-of-court settlement for any disputes that may arise between them regarding these terms and conditions.

If no amicable settlement can be reached, any dispute between TUBESCA-COMABI and the User shall be brought before the Court of Bourg en Bresse, to which jurisdiction is explicitly granted in advance, even where there is a third-party appeal or multiple defendants.