TOS

Terms of Service

Last update: November 8, 2022
URBAN CUISINE , a simplified joint-stock company with a capital of 14,917.90 euros, whose registered office is located at 28, Boulevard du Colombier – 35000 Rennes, registered under number 844 971 127 RCS Rennes (“ URBAN CUISINE ”), carries out a design, manufacture and maintenance of urban vegetable gardens and the production and distribution of aromatic plants, clods of crops and growing accessories, as well as the publishing, development and operation of internet and mobile sites, allowing the sale of these products. The online sales service offered on the Site is managed by URBAN CUISINE whose contact details are as follows: Telephone: {—} (non-surcharged call) – contact@urbancuisine.io – Intracommunity VAT number FR 74844971127.

These general terms and conditions of use (the “ GTU ”) as well as the Data Protection and Legal Notices form a contract and govern the relationship between URBAN CUISINE and the Users using the online sales service accessible on the Site. The description of the Products and Subscription offers as well as the terms of Order and payment are described in the General Terms and Conditions of Sale (the " GTC ").

Terms beginning with a capital letter and not defined in these T&Cs have the meaning given to them in the T&Cs or Data Protection.

Definitions

“ User Account ”: refers to the individual account that the User has the option of creating when registering on the Site.

“ URBAN CUISINE Elements ”: designates all the elements belonging to URBAN CUISINE, objects of intellectual property rights and/or other(s) and in particular: company names, logos, distinctive signs, photos, Site, blogs, articles and content , hypertext links, Instagram, Facebook and LinkedIn profiles, services, database, photographic, textual or sound visuals.

“ Data Protection ”: refers to the policy of URBAN CUISINE relating to the processing and protection of personal data, confidentiality and cookies.

“ Site ”: designates the website www.urbancuisine.io as well as the URBAN CUISINE mobile application

“ User ”: means any person (natural or legal) browsing the Site, whether or not they have created an individual account.

  1. Acceptance of the T&Cs

    URBAN CUISINE puts on sale on the Site for the attention of Users, its own Products and Subscriptions. This online sales service is offered by URBAN CUISINE to the User, subject to their unconditional acceptance of these T&Cs.

    The User declares and acknowledges having read all the terms of these T&Cs. In addition, connection to any of the services offered on the Site implies unreserved acceptance by the User of these T&Cs.

    By accessing the Site or using it in any way whatsoever, the User agrees to be bound by these Terms. If he does not accept all or part of the T&Cs, the User is invited not to browse the Site and not to use the Site.
  1. Access and Use of the Site
  • Technical prerequisites
    In order to access the Site, it is necessary to have access to the Internet, any corresponding costs being borne by the User. The User must also have all necessary equipment, and in particular a terminal, or any other connection tool, in order to ensure this connection to the Internet network.

    The Site is configured for conventional browsers or operating systems. The compatibility of the Site with another type of configuration cannot be guaranteed.
  • Access to the Site
    URBAN CUISINE undertakes to make its best efforts to ensure that access to and operation of the Site are guaranteed 24 hours a day, 7 days a week without interruption. However, URBAN CUISINE does not guarantee that the operation and use of the Site will be continuous and free from any malfunction.

    URBAN CUISINE reserves the right to suspend, delete or modify all or part of the Site or the services offered on the Site without notice. URBAN CUISINE also reserves the right to suspend access to the Site, to all or part of the Users, for maintenance, in the event of an emergency (cyberattack, etc.) or for any other reason, and this at any time.

Access to Products and Subscription offers is reserved for regularly registered Users.

  • Creation and use of a User Account
The Site allows the User to create a User Account. To create a User Account, the User can click on the "Create an account" feature and then enter a valid e-mail address, a password and any other information necessary to create the User Account.

    In any event, the information collected by URBAN CUISINE for the creation of a User Account is processed in accordance with Data Protection.

    The User may, at any time, modify his preferences by adjusting the parameters of his User Account.

    • Confidentiality of User Account identifiers
    The User is solely responsible for maintaining the confidentiality of his User Account, his password and any actions that may be carried out under the identification of the User Account and/or with his password. In the event of loss or theft of his password, the User may replace it by using the "Forgotten password" function.

    If the User suspects that a third party has accessed his User Account or used the Site through his User Account without his authorization, he must immediately inform URBAN CUISINE so that URBAN CUISINE can suspend the User Account and that the User can create a new one.
      • Closure of the User Account
      The User has the option of closing his User Account at any time. To do this, he must send his request to close his User Account by e-mail to: contact@urbancuisine.io

      URBAN CUISINE will endeavor to process any request to close a User Account within a reasonable time.
        • User Obligations – Prohibited Actions
        The User undertakes to use the Site in accordance with these T&Cs and the law in force. In particular, the User undertakes not to carry out the actions prohibited below.
          The User agrees not to:
          • use the Site or its contents for illegal, illegitimate or fraudulent purposes;
          • use, monitor, extract or copy the architecture, content or data of the Site or the actions of Users on the Site using any robot, spider, scraper, spyware , a keystroke logger or any other automatic program or device or manual process, for any purpose;
          • violate any robot exclusion file restrictions on the Site or circumvent any measures intended to prevent or limit access to the Site;
          • take any action that imposes, or may impose, an unreasonable or excessive load on the Site infrastructure;
          • establish an invisible link leading to the Site for any reason;
          • "frame", "mirror" or incorporate any part of the Site into another site; And
          • attempt to modify, translate, adapt, revise, decompile, disassemble, reverse assemble any software program used by URBAN CUISINE in connection with the Site or its services.
          The User is informed that all the laws and regulations in force are applicable on the Internet. On the occasion of any use of the Site, the User undertakes both with regard to URBAN CUISINE and other Users and in general to any third party, to:

          • provide accurate, up-to-date, true, complete data;
          • not to usurp, in whole or in part, the identity, title or quality of a third party;
          • respect access management and in particular not hide their true identity by logging in under the personal settings of another User;
          • respect the provisions relating to intellectual property described below;
          • notify URBAN CUISINE of all logical and technical malfunctions that it may observe and all anomalies that it may discover, such as in particular unauthorized intrusions into its User Account;
          • ensure that any file transmitted or saved on the Site does not contain any virus or malicious program.
          • Penalty for non-compliance with the T&Cs by the User

          In the event of non-performance or non-compliance, total or partial, by the User with one of the obligations or stipulations provided for in these T&Cs or in the event of performance by the User of one or more prohibited actions provided for by these T&Cs, or for any other reasonable reason URBAN CUISINE may modify, suspend, limit or remove access to all or part of the Site service, and in particular deactivate the User Account, without notice and without the User being able to claim any compensation whatsoever, and without prejudice to the compensation that URBAN CUISINE could claim elsewhere in court.

          Without prejudice to the suspension, limitation or deletion of access operated by URBAN CUISINE, URBAN CUISINE will also be entitled to claim compensation to compensate for the damage suffered.
            1. Privacy

              URBAN CUISINE has set up Data Protection in order to best protect the personal data of Users. Click here to view our current Privacy Policy which applies to use of the Site.
            1. Intellectual property
            • Ownership of rights


            All rights, economic and moral, of intellectual property relating to the URBAN CUISINE Elements, as well as the infrastructure used to provide this content and this information belong to URBAN CUISINE, subject to any economic right that may belong to a third party and for which URBAN CUISINE has obtained the assignment of rights or the necessary authorizations.

            The rights granted to the User with a view to using the Site and the services provided by URBAN CUISINE do not imply any assignment or authorization to operate or use any of the URBAN CUISINE Elements.

            • Respect for intellectual property rights

            The User undertakes not to submit, copy, resell, republish, or, in general, make available in any form whatsoever any content available on the Site, to another natural or legal person, from any country.

            • Prohibition of use without authorization

              Consequently, without the prior written authorization of URBAN CUISINE, the User may not proceed with any reproduction, representation, republication, redistribution, adaptation, translation and/or partial or complete transformation, or a transfer to another medium of any element composing or present on the Site.

              The User acknowledges that the use of automated systems or software aimed at extracting data from the Site for commercial purposes ( screen scrapping ) is strictly prohibited.
            • Penalties

              The User acknowledges and acknowledges that non-compliance with the provisions of this article constitutes an act of counterfeiting reprehensible both civilly and criminally.
            1. Limitation of Liability

            Use of the Site is subject to limitations of liability on the part of URBAN CUISINE.

            • Modification of the Site
              All the information contained on the Site may be modified at any time, given the interactivity of the Site, without this incurring the liability of URBAN CUISINE.
            • Use of the Site

              Given the specificities of the Internet network, URBAN CUISINE offers no guarantee of access to the Site or continuity of service, being bound in this respect only by an obligation of means.

              URBAN CUISINE declines all responsibility in the event of difficulty in accessing the Site or for any damage or loss related to the use or inability to use the Site or its content, except as provided by law.

              The User expressly acknowledges that the photos on the Site are not contractual.
            • User responsibility

              Any User who uses the Site acknowledges that he does so under his full and exclusive responsibility. He acknowledges in particular that he is solely responsible for sharing via social networks or by e-mail to third parties, any content of the Site.

              The User acknowledges that any breach of the T&Cs is likely to incur his liability and may in particular lead to the suspension or termination of his User Account as well as the immediate refusal to access all or part of the Site.

              The User is notably responsible for all claims, liabilities, damages, costs and expenses suffered or incurred by URBAN CUISINE, following a breach of these T&Cs.

              In any case, the User expressly acknowledges and agrees to use the Site at his own risk and under his exclusive responsibility.
            • Notification and removal of illegal content

              URBAN CUISINE informs any User that he can notify a complaint or an objection regarding elements or content of the Site.

              If the User considers that elements or content of the Site are illegal and/or infringe the copyright he holds, the User must send a notification to URBAN CUISINE by registered letter with acknowledgment of receipt or by email to contact@urbancuisine.io containing all the supporting elements of ownership of the rights, if applicable.

            Once this procedure has been followed and after verification of the accuracy of the notification, URBAN CUISINE will endeavour, to a reasonable extent and as soon as possible, to remove the illegal content.

            1. Miscellaneous
            • Partial nullity - Dissociation

              In the event that a provision of these general conditions is null, illegal, unenforceable or inapplicable in any way, the validity, legality, enforceability or application of the other provisions of these T & Cs will not be affected in any way. or altered, these other provisions remaining in force and retaining their full effect.

              URBAN CUISINE may, if necessary, draft a new clause in compliance with the law in force applicable to these T&Cs.
            • No Waiver

              Unless otherwise provided for in these T&Cs, no tolerance, inaction, abstention or omission, no delay by URBAN CUISINE to avail itself of one of its rights in accordance with the terms hereof, shall infringe said right, nor shall it imply a waiver for the future to take advantage of such a right. On the contrary, said right will remain in full force.
            • Amendment
              The User is expressly informed that the current version of the T&Cs is the one that is posted on the Site on the date of his access to the Site, which the User acknowledges and accepts without reservation.

              URBAN CUISINE reserves the right to modify the terms and conditions of the T&Cs at any time. The User is therefore advised to consult the T&Cs and to read them each time they visit the Site since they may be modified at any time and to keep a copy. It is therefore up to the User to regularly consult the latest version of the T&Cs posted on the Site. The User is deemed to accept this latest version at each new connection to the Site.

              Changes to the T&Cs are enforceable against the User as soon as they are put online.
            • Jurisdiction

              Any dispute and/or difficulty in the interpretation or execution of these T&Cs will be dealt with by the courts within the jurisdiction of the Rennes Court of Appeal.