ARTICLE 1 – Object

The present General Terms of Use (hereinafter referred to as « GTU ») are intended to apply exclusively between the company MA PERGOLA SOLAIRE (MPS), the owner of the Website, and any Internet user wishing to access the Website and/or use the Services (hereafter the« User »). The GTU are supplemented by the MPS Privacy Charter, as defined below, which forms an integral part of these GTU.

Use of the Website and/or the Services is subject to acceptance of these GTU. When accessing the Website, the User must click on ” I accept the General Conditions of Use “. The acceptance of the GTU is complete and forms an indivisible whole and the User cannot choose to have only part of the GTU applied or to formulate reservations. Acceptance of the GTC automatically implies acceptance of the Privacy and Confidentiality Charter.

ARTICLE 2 – Legal notices

The Website is published by MA PERGOLA SOLAIRE – MPS, a simplified joint stock company with a capital of 23,500 euros, whose main office is located at VILLAGE ZERO 207 rue de Pressensé VILLEURBANNE (69100) France and registered with the Trade and Companies Register under number 914 982 152 R.C.S. PARIS (“MA PERGOLA SOLAIRE”). Intra-community VAT number: FR19914982152.

The Director of the publication is Mrs Magali CHARUEL.

The Website host is OVH, a simplified joint stock company with a capital of 10,069,020 euros, whose registered office is located at 2 rue Kellermann – 59100 Roubaix – France and registered with the Trade and Companies Register under number 424 761 419 R.C.S. LILLE METROPOLE.

ARTICLE 3 – Definitions of terms

The terms in these GTUs have the meanings specified in the following definitions:

« Article »		any article of these GTU
« GTU »		has the meaning given to it in Article 1 hereof
« Privacy and Confidentiality Charter »		document accessible at the URL “https://mapergolasolaire.com/politique-de-confidentialite/” which describes the processing of Personal Data and the cookie policy of MPS. The Privacy and Confidentiality Charter forms an integral part of these GTU.
« Content(s) »		has the meaning given in Article 9
« Personal Data »		any information relating to an identified or identifiable natural person (hereinafter referred to as “data subject”); an “identifiable natural person” is one who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, or to one or more factors specific to his or her physical, physiological, genetic, mental, economic, cultural or social identity
« MPS »		has the meaning given to it in Article 2 hereof
« Services »		has the meaning given to it in Article 4 hereof
« Website »		means the MPS website accessible at the address ” https://mapergolasolaire.com/”.
« User »		has the meaning given to it in Article 1 hereof

For the purposes of these GTU, the plural form of a term or expression defined in the singular (and vice versa) shall have the same meaning as given in the relevant definition.

ARTICLE 4 – Access to Services

The Website allows the User free access to the following services:

• Technical and commercial documentation on the pergolas and solar shelters marketed by MPS ;
• Presentation of projects of pergolas, carports and solar shelters ;
• Request for quotation ;
• Request for a call-back ;
• Online conversation with « MaPergolaSolaire »
• Request for contact with MPS.

(The « Services »).

The Website is accessible free of charge at any location to any User with Internet access. All costs incurred by the User in accessing the Website (computer hardware, software, Internet connection, etc.) are at the User’s expense.

Access to the Website and/or Services may be interrupted, suspended or modified at any time without notice for maintenance or any other reason.

The User may contact the Website by e-mail at the following address « marketing@mapergolasolaire.com ».

ARTICLE 5 – Description of the “Request a Quote” Service

Any User accessing the “Request a Quote” service has the option of filling in a quote request form in order to receive a commercial offer for the pergolas, carports and solar shelters presented on the Website.

ARTICLE 6 – Description of the “Request to be called back” Service

Any User accessing the “Request to be called back” Service has the option to fill in their details in a form in order to be called back by MPS.

ARTICLE 7 – Description of the “Online conversation with “MaPergolaSolaire” Service

Any User accessing the “Online Conversation with “MaPergolaSolaire” Service has the right to (i) discuss online with a “MaPergolaSolaire.com” advisor connected or (ii) submit a question and email address for the attention of an advisor for the purpose of being contacted later.

ARTICLE 8 – Description of the “Contact Us” Service

ARTICLE 8 – Description of the “Contact Us” Service.

ARTICLE 9 – Intellectual Property

the Website and all of its contents, in particular and without this list being exhaustive: trademarks, logos, graphic charts, etc. (hereinafter the « Contents ») are the property of MPS and are protected by the legislation relating to intellectual property currently in force in France.

In this respect, only the use of the Contents for private use is authorised. Use of the Content for commercial purposes is strictly prohibited.

The User must request prior and express authorisation from MPS for any reproduction, publication or copy of the various Contents.

ARTICLE 10 – Personal Data

MPS invites the User to consult its Privacy Charter for full information on the processing of Users’ Personal Data by MPS and its policy on the use of cookies.

ARTICLE 11: Warranties and liability

11.1 User warranties

By accessing the Website, the User declares and guarantees in particular:

• Acknowledge that the Website is accessible to him/her on an “as is” and “as available” basis without any warranty of any kind from MPS ;
• To undertake not to claim any compensation following the interruption, suspension or modification of the Website ;
• Take sole responsibility for the use of the Website and the Services ;
• Undertake not to access and/or use the Services for illegal purposes and/or with the aim of damaging the reputation and image of MPS and, more generally, not to infringe the rights, in particular intellectual property rights, of MPS and/or third parties ;
• Not to re-use all or part of the Site in particular for commercial and/or collective and/or personal purposes in a form and/or media not authorised by MPS.

11.2 Limitation of liability

MPS accepts no responsibility for the quality and suitability of the Services for any particular purpose, for unexpected interruptions to the Website, or for any bugs or viruses in the Website.

In any event, MPS shall not be liable:

• in the event of force majeure within the meaning of Article 1218 of the Civil Code ;
• in the event of use of the Services by a User under conditions that do not comply with the terms of these GTU ;
• within the limits of applicable law, for any consequential damages, including but not limited to loss of profits, margins, customers, data, or more generally any other loss of intangible property, loss of image, loss of reputation, even if MPS has been advised of the potential for such damages, which may arise from the use of or inability to use the Services;
• any malfunction of any kind relating to any interruption, suspension or malfunction of the Site, any occurrence of bugs or virus of the Website, any damage resulting from fraudulent use by a third party leading to a modification of the information made available on the Website, to the User’s Internet connection and more generally to the Services.

ARTICLE 12 – Modification of the GTU

MPS reserves the right to modify this GTU at any time, in particular due to the evolution of the functionalities offered by the Website and/or the Services.

Any new version of the GTU will be notified in advance on the home page of the Site and must be accepted by the User under the same conditions as those set out in the second paragraph of Article 1 of these GTU.

ARTICLE 13 – Partial disability

In the event that one or more provisions of this GTU are considered invalid, deemed unwritten or declared as such in application of a law or regulation, the other provisions shall retain their full force and scope and shall remain fully applicable, unless the invalid provision(s) is (are) of a substantial nature and its (their) disappearance would jeopardise the contractual balance of the GTU.

ARTICLE 14: Applicable law and jurisdiction

GTU are subject to French law.

In the absence of prior amicable resolution, any dispute relating to the validity, interpretation, performance, termination or cessation of these GTUs shall be submitted exclusively to the jurisdiction of the courts of Paris.

Last update of the General Terms of Use as of 26/07/22