Legal Terms

Bariatrix Europe

You are currently on the official “Bariatrix Europe ©” website. For any information related to its operation or use, you can write to its administrator by mail at the following address:

Bariatrix Europe SAS

Simplified joint stock company with share capital of 397,020.00 euros

Whose head office is located at 240 Rue Claude Chappe, 07500 Guilherand-Granges

Registered with the Aubenas RCS under number 385 394 069

Hereinafter "Bariatrix Europe ©"

Accessing and browsing the site implies unreserved acceptance of the general conditions of use and all applicable laws. Bariatrix Europe © warns that it will enforce its intellectual property rights by all legal means at its disposal, including through legal proceedings. The information contained on the site is not contractual. They are subject to change without notice.

Website hosting

Wix Online Platform Limited

1 Grant's Row,

Dublin 2 D02HX96, Ireland

Phone: Please click here .

https://fr.wix.com

Terms of Service

The purpose of these general conditions of use (hereinafter “T & Cs ”) is to define the terms and conditions of use of the “www.bariatrixeurope.com” Site ". Access and use of the site imply the unconditional acceptance of the T & Cs by the User.

1. Definitions

"Site" means the site " www.bariatrixeurope.com », Edited by Bariatrix Europe ©, giving access to Elements. The Site includes the Content, software, programs, tools (programming, navigation, etc.), databases, operating systems, documentation and all other elements that compose it, updates and new versions that may be made to the Site by Bariatrix Europe ©.

"Content" means, without this list being exhaustive, the structure of the Site, the editorial content, the drawings, the illustrations, the images, the photographs, the graphic charters, the brands, the logos, the acronyms, the company names, audiovisual works, multimedia works, visual content, audio and sound content, as well as any other content present within the Site.

“Elements” designate the various functionalities and information elements offered on the Site.

"User" means a natural or legal person browsing the Site for their own needs.

"Cookie (s)" means a small file, which does not allow the identification of the user, but which records information relating to the navigation of a computer on a site. The data thus obtained are intended to facilitate subsequent navigation on the site, and are also intended to allow various measures of attendance.

"Hypertext link" means an element placed in the content of a page of the Site and which, by clicking on it, allows access to other content on the same Site (internal link) or to a different website (external link).

2. Purpose of the site

The purpose of the Site is to provide information on all of the company's activities and in particular to:

Discover the Bariatrix Europe © group,
Learn about the products and services offered by Bariatrix Europe ©,
Contact the sales department of Bariatrix Europe ©,

This list is not exhaustive and can be modified at any time by Bariatrix Europe © without any liability being incurred in this regard.

It is understood that Bariatrix Europe © reserves the right to modify, at any time and without notice, the information appearing on the Site, in particular that relating to the technical characteristics and equipment of the models presented.

3. License to use the site

Bariatrix Europe © grants the User a personal right to use the Site, the Content and its Elements, which is non-exclusive, revocable, non-assignable, non-transferable and free.

The User does not acquire any other right on the Site, the Content and / or the Elements other than those conferred by the present ones.

4. User obligations

The User undertakes to use the Site in accordance with national and international regulations.

In particular, he undertakes to:

Familiarize yourself with these CGU and comply with them,
Not to reproduce, even temporarily and / or partially, the Site and / or its Content, by any means and in any form,
Not to use software or processes intended to copy the Content and / or likely to disrupt the proper functioning of the Site,
Not to carry out any adaptation, modification, translation, transcription, compilation, decompilation, assembly, disassembly of all or part of the Site, the Elements and / or the Content,
Not to export the Site and / or merge it with other computer programs,
AT inform Bariatrix Europe © if it becomes aware of an act of piracy and / or illegal or non-contractual use of the Site and / or its Content,
Do not carry out any manipulation and / or introduce any virus or malicious code, likely to cause computer and / or functional breakdowns likely to affect the proper functioning of the Site or of all Elements accessible through the Site.
Hinder the proper functioning of the Site by any means whatsoever,
Do not use the Site to display, download or transmit any content contrary to good morals and public order (such as, without this list being exhaustive, any content of a racial, political, religious, pornographic or sexual nature)

The User being solely responsible for the use of the Site, he acknowledges that Bariatrix Europe © cannot be held responsible for direct or indirect damage, and in particular material damage, immaterial damage, loss of data or program, financial damage, resulting from access or use of the Site, or due, in particular, to the interruption, suspension or modification of the Site or one of its Elements.

In the event of violation of any of the aforementioned restrictions, Bariatrix Europe © reserves the right, at its discretion and without prior notification, to suspend the processing of its request and to draw all the legal consequences thereof.

5. Responsibilities

Within the limits of applicable laws and regulations, Bariatrix Europe © , assumes no responsibility for the use of the Site by the User and gives no warranty, express or implied, with regard to the speed or performance of the Site. In particular, access to the Site may be temporarily and periodically suspended for technical reasons; if necessary, the technical teams will do their best to resolve the problem as quickly as possible.

Bariatrix Europe © reserving the right to modify, at any time and without notice, the information appearing on the Site, the responsibility of Bariatrix Europe © cannot be sought on this account.

Access and use of the Site are at the User's own risk. It is their responsibility to take all appropriate measures to protect their own data and / or software stored on their telephone and computer equipment against any attack.

In any event, Bariatrix Europe © will be released from any liability:

In the event of non-compliance by the User with these CGU;
In the event of a malfunction of the Site due to a cause, voluntary or involuntary, which is attributable to the User or which is attributable to a third party or to a malicious act, software, smartphone / tablet, an interface or any other product or supply of the User;
In the event of a malfunction and / or failure of the User's computer network and / or communication, whatever the cause.

Bariatrix Europe © does not guarantee that the Site is free from any error or anomaly, nor that it may be subject to attacks or attacks, in particular by viruses, which may cause malfunctions, interruptions, breakdowns or loss of data or information.

6. Intellectual and industrial property

The Site and its Content are protected by intellectual and / or industrial property rights.

The photographs, texts, images, animated sequences with or without sound, as well as all works integrated into the Site are the property of Bariatrix Europe © or of third parties having assigned their rights to Bariatrix Europe © or authorized Bariatrix Europe © to use them.

The presentation and the content presented is a work protected by copyright and articles L511-1 et seq. Of the Intellectual Property Code relating to the protection of registered models.

Reproductions, on paper or computer media of the Content are authorized, provided that they are strictly reserved for personal use excluding any use for advertising and / or commercial and / or information purposes and that they comply with the provisions of article L122-5 of the Intellectual Property Code.

With the exception of the above provision, the reproduction, imitation, use or affixing, by any process whatsoever and on any medium whatsoever, of all or part of the Content without having obtained the right The prior authorization of Bariatrix Europe © or of the holder (s) of the related rights constitutes an infringement offense punishable by four years' imprisonment and a fine of € 400,000.

7. Hypertext links and cookies

Sites outside the Bariatrix Europe © Site having a hypertext link to this Site are not under the control of Bariatrix Europe ©, which therefore declines any responsibility for their content. The user is solely responsible for their use. The creation of hypertext links to the Bariatrix Europe © site is subject to the prior agreement of Bariatrix Europe ©.

For any request, you can send a message via the site and its contact form.

Browsing the Site may cause the installation of Cookie (s) on the user's computer. Refusing to install a cookie may make it impossible to access certain services. The user can however configure his computer as follows , to refuse the installation of Cookies.

8. Management of personal data

The protection of personal data in France results from the following texts:

Law n ° 78-87 of January 6, 1978 relating to data processing, files and freedoms;
Law n ° 2004-801 of August 6, 2004 relating to the protection of individuals with regard to the processing of personal data;
Article 226-13 of the Penal Code ;
European Directive of October 24, 1995 .

When using the Site, some of the following data may be collected:

URL of the links through which the user accessed the Site;
User access provider;
The user's Internet Protocol (IP) address.

In any case Bariatrix Europe © only collects personal information about the user for the needs of certain services offered by the Site. The user provides this information with full knowledge of the facts, in particular when entering it himself.

In accordance with the provisions of articles 38 and following of the law 78-17 of January 6, 1978 relating to data processing, files and freedoms, any user has a right of access, rectification and opposition to personal data. concerning him, by making his written and signed request, accompanied by a copy of the identity document with signature of the holder of the document, specifying the address to which the response must be sent.

No personal information of the user of the Site is published without the knowledge of the user, exchanged, transferred, assigned or sold on any medium whatsoever to third parties.

The databases are protected by the provisions of the law of July 1, 1998 transposing directive 96/9 of March 11, 1996 on the legal protection of databases.

9. Applicable law

The Site and these CGU are subject to French law.

Any dispute that may arise concerning the interpretation and / or execution of these CGU must be the subject of an attempt to settle amicably.

In the absence of an amicable settlement, the dispute will be submitted to the courts within the jurisdiction of the Court of Appeal of Paris to which the parties attribute exclusive jurisdiction, notwithstanding the plurality of defendants or claims for compensation from third parties.

10. Update of the Terms and Conditions (T & Cs)

Bariatrix Europe © reserves the right to modify and update these CGU without notice, at any time and without prior information to Users.

If necessary, the modifications and updates will be binding on the User as soon as they are published on the Site, it being up to the User to consult the CGU in force at each connection to the Site.

11. Miscellaneous provisions

No waiver

The fact, for one of the parties, of not invoking a clause of these CGU cannot be interpreted as a temporary or definitive waiver of the benefit of the provision in question which will remain in force.

Nullity of a clause

If one or more stipulations of these T & Cs is declared invalid, void or unwritten on the Site of the regulations in force, of a change or following a final decision by a competent court, the other stipulations will retain their full validity. force and scope, the parties agreeing as soon as possible to put in place a valid replacement provision of an equivalent scope as close as possible to the spirit hereof.

Force Majeure

Expressly considered as force majeure, in addition to those usually retained by the case law of French courts, bad weather, governmental and legal restrictions and modifications, computer failures and blocking of telecommunications, failure of Bariatrix Europe © servers. and any other case beyond the express will of Bariatrix Europe ©.