General Terms Of Use

The Website is published by LUBEXCEL, hereinafter referred to as the "Publisher", whose legal information appears in the Legal Notice.

The development and graphics are provided by the company GROUPE DUBREUIL SERVICES (company registration number 815 202 940 00012) for the Website, and BEAPP for the Mobile Application where applicable, hereinafter respectively identified as the ‘Developer’.

The Website is hosted by OVH, hereinafter referred to as the ‘Host’.

Access to the Website, and where applicable its Mobile application, and use of its content is subject to the terms of use described below. By accessing and browsing the Site, and where applicable the Mobile application, visitors accept the following stipulations without reservation:

1. Definitions

"Mobile application": Software installed on an individual, portable terminal, providing access to the Internet and, more often than not, to the telephone network, and enabling the installation and execution of third-party applications, isolated by the operating system which limits its functionalities via a system of permissions.

"Personal account": Refers, where the Publisher has chosen to allow this functionality on its Website, to both the User's identification process enabling him to access an area of the Website, and this area itself, grouping together the information that the User exchanges with the Publisher and the functionalities dedicated to identified Users.

"Developer": Refers to the legal entity responsible for the design and graphics of the Website, or where applicable the Mobile Application, and other computer programming at the Publisher's request.

"Publisher": Refers to the legal entity responsible for the content published on the Website, and on the Mobile Application where applicable.

"Host": Refers to the technical service provider who provides a server and possibly an interface on which the content of the Website is stored, as well as the personal data collected from Users via the various contact forms of all kinds available on the Website.

"Website": Refers to the Website accessible via the domain name.

"User": Refers to any legal entity or natural person of legal age who accesses the content of the Website, the Mobile application where applicable and their functionalities.

2. Acceptance of the general terms of use

2.1 Use of the Website, and where applicable the Mobile application, and any contribution to its content are subject to full and unreserved acceptance of and compliance with these General Terms of Use (hereinafter referred to as the "TOU").

2.2 Consequently, the User acknowledges that they have read all the TOU and accepts them unreservedly.

3. Validity and modification of the TOU

3.1 If any of the provisions of these TOU are declared null and void by virtue of a legislative or regulatory provision in force and/or a court decision having the force of res judicata, the other provisions will remain valid and applicable.

3.2 The Publisher reserves the right to modify the TOU, the Website, or where applicable the Mobile application, and their content at any time and without prior notice, in particular to comply with changes in legislation and regulations, but also to adapt to changes in the Website by providing new features or removing or modifying existing features.

4. Browsing the Website

4.1 The Website is open to all Users. Where applicable, the Website allows the User to identify him/herself and to keep a history of his/her preferences, orders and exchanges with the Publisher, by means of a personal account specific to the User. The creation of a personal account in accordance with the general terms and conditions adopted by the Publisher and applicable to the User is then necessary to carry out transactions of all kinds on the Website.

4.2 The Publisher allows access to the Website 24 hours a day, 7 days a week, within the limits of the technical means at its disposal, in particular by the Host.

4.3 Where applicable, the Website allows the User to access the catalogue of products and services offered by the Publisher.

4.5 The Publisher may:

Suspend, limit or interrupt access to all or part of the Website in order to update or modify its content or take any other action it deems necessary;
Delete any information that could disrupt its operation or that contravenes national or international laws.

4.6 The preceding provisions also apply to the Publisher's Mobile application, where applicable.

5. Personal data

The User acknowledges having read the Publisher's Personal Data Protection Policy, which is available here.

The User acknowledges having read the cookies policy specific to the Website, or the Mobile application where applicable, and implemented by the Publisher, which is available by clicking here.

If the User is a consumer, they are expressly reminded that they may exercise their right to register on the Bloctel do-not-call list, in accordance with Article L.223-2 of the French Consumer Code.

6. Responsibilities

6.1 The Publisher is responsible for the content it publishes. However, the information communicated on the Website, or on the Mobile application where applicable, is provided for information purposes only and is not contractually binding, and the Publisher may not be held liable for any inaccuracies in the information published. It may be modified or updated without notice. The Publisher also reserves the right, at any time and without notice, to make improvements and/or changes to the Website.

6.2 The Publisher may not be held liable for:

Damage of any kind, whether direct or indirect, resulting from the use of the Website, the Mobile application or, as the case may be, and in particular any operating loss, financial or commercial loss, loss of programmes and/or data in particular in the User's information system, linked in particular but not exhaustively to technical, IT or compatibility failures of the Website or the Mobile application with hardware or software.
Damage of any kind, direct or indirect, resulting from the content and/or use and/or access by the User of the Website, or the Mobile application where applicable.
Omissions and/or errors that may be contained on the Website or the Mobile application, as the case may be.
Illegal content or activities that may be present on the Website, or on the Mobile application where applicable, without the User having been duly aware of them within the meaning of Law no. 2004-575 of 21 June 2004 on confidence in the digital economy.

6.3 The Publisher shall not incur any liability whatsoever if, in the event of force majeure or events beyond its control or justified necessity, it is forced to modify, suspend or delete the Website, or the Mobile application where applicable.

6.4 The Publisher accepts no liability for any dissatisfaction on the part of the User with regard to the content of the Website or the Mobile application, as the case may be, or their operation.

6.5 The Publisher shall not be held liable for any malfunction of the Internet network preventing the proper operation of the Website or the Mobile application, as the case may be, in particular due to acts of external malice.

6.6 The Publisher makes every effort to provide Users with available and verified information and/or tools, but may not be held liable for errors (in particular display errors on the Website or on the Mobile application, where applicable, or errors in e-mails sent), a lack of availability of information and/or the presence of viruses on the Website, on the Mobile application where applicable, or on the websites to which the Website redirects, any malfunction of the Internet network preventing the proper operation of the Website (in particular due to external malicious acts); interruptions, delays in data transmission, failures of the telephone line, servers, Internet access providers, telephone operators, computer equipment, software, etc; the loss of any electronic mail and, more generally, the loss of any data, the consequences of any virus, computer bug, anomaly, technical failure, any damage caused to a User's terminal, any technical, hardware or software failure of any kind, which prevents or limits the possibility of using the Website or the Mobile application, as the case may be, or which damages a User's system.

6.7 The use of the Website, or the Mobile application where applicable, implies a loyal attitude on the part of the User, in compliance with the TOU, at the risk of being held liable.

The User of the Website, or of the Mobile application where applicable, is liable for damages of any kind, whether material or immaterial, direct or indirect, caused to any third party, including the Publisher, as a result of the use or illicit exploitation of the Website itself and/or of one of its elements, or, as the case may be, the Mobile application itself and/or any of its components, regardless of the cause and location of such damage, and guarantees the Publisher against the consequences of any claims or actions to which it may be subject as a result.

Users of the Website waive their right to take any action against the Publisher in the event of legal proceedings being brought against them by a third party as a result of the illicit use and/or exploitation of the Website, and/or the Mobile application where applicable.

6.8 It is the User's responsibility to ensure in advance that their computer environment is compatible with the technical characteristics of the Website, or the Mobile application where applicable. The User must have the required configuration to access all of the functionalities of the Website, or the Mobile application where applicable, which is the sole responsibility of the User and does not incur the Publisher's liability under any circumstances.

6.9 Users are responsible for taking all appropriate measures to protect their own data and/or software stored on their equipment against any attack.

Where applicable, if the User has a personal account, he must ensure the confidentiality of the information enabling him to identify himself. In the event of loss or theft of this information, the User must refer to the provisions specific to the features of the Personal account, detailed in these TOU.

6.10 Use of the Website, or the Mobile Application where applicable, implies knowledge and acceptance of the characteristics and limitations of the Internet, the lack of protection of certain data against possible misappropriation or piracy and the risks of contamination by any viruses circulating on the network.

The User declares and acknowledges that he/she is aware of the characteristics, risks and constraints of the Internet and in particular that the transmission of data and information on the Internet is only relatively technically reliable, as it circulates on heterogeneous networks with diverse characteristics and technical capacities that disrupt access or make it impossible at certain times. Users acknowledge that the Website, or the Mobile application where applicable, may be subject to intrusion by unauthorised third parties and that information circulating on the Internet (personal data or otherwise) is only relatively protected against possible misappropriation (free access) and against possible viruses, even if the Publisher implements all necessary and useful means to preserve the security of the data entrusted to it and to comply with good security practices issued by the competent authorities.

Any attempt by a User or any other person to deliberately damage the Website, or the Mobile application where applicable, constitutes an infringement of civil and criminal law and the Publisher reserves the right to prosecute any act of this nature.

7. Intellectual property

7.1 The User is informed that all elements of the Website, and where applicable of the Mobile application, its structure, the services offered on it, their content, the information presented on it, the illustrations, photographs, images, sounds and videos, their organisation, the databases and the software tools used on it are protected under copyright, trademark law and intellectual property rights by the intellectual property legislation currently in force.

7.2 In addition, the User undertakes to refrain from any temporary or permanent reproduction of the Website or the Mobile application by any means whatsoever, as well as any translation, adaptation, arrangement, decompilation or modification of the Website, in particular with a view to creating a similar service.

The User undertakes not to:

Reproduce, represent, modify, alter or redistribute any element contained in the Website;
Divert or make commercial use of the Website and/or the services offered;
Extract, reuse, store, reproduce, represent or preserve, directly or indirectly, on any medium, by any means and in any form whatsoever, all or a qualitatively or quantitatively substantial part of the Website as well as the repeated and systematic extraction or reuse of qualitatively and quantitatively non-substantial parts when these operations clearly exceed the conditions of normal use of the Website.

You are reminded that any unauthorised use, reproduction or representation of all or part of the Website by any means whatsoever is prohibited and constitutes an infringement punishable under the French Intellectual Property Code.

8. Hypertext links

8.1 Hypertext links from the Website to third-party websites

The hypertext links present on the Website, or if applicable on the Mobile application, do not engage the responsibility of the Publisher.

The Publisher provides no guarantee as to the content, availability or accessibility of third-party sites accessible directly or indirectly via these links. The Publisher may not be held liable for any damage whatsoever resulting from third-party sites directly or indirectly accessible via these links, and in particular from the information, products or services they offer or when the data on these third-party sites does not comply with the regulations in force, or from any use that may be made of these elements.

8.2 Hypertext links from third-party sites to the Website

The Publisher cannot be held liable for any hypertext links on third-party sites that redirect users, directly or indirectly, to the Site.

The creation by any third party of hypertext links redirecting, directly or indirectly, to the Website may only be made with the prior written authorisation of the Publisher, which may be revoked at any time.

8.3 Hypertext links to the professional customer account application space

Where applicable, the Publisher may offer the professional customers of its choice to communicate the information required to access the professional customer account opening service via a hypertext link sent to a professional e-mail address declared by the customer, independent of any personal Account.

The link sent is specific to the establishment of the company of the professional customer to whom it has been sent, and cannot be transferred.

The request to open a professional customer account, which is conditional upon the customer sending truthful information and obligatory documents, does not under any circumstances lead to the opening of the professional customer account, which is subject to the Publisher's assessment after analysis of the information and documents provided.

The information collected is kept for the duration of the account opening and (5) five years after its closure. The Publisher reserves the right to require the information and documents collected to be updated in order to keep the Professional Customer account open.

9. User account

9.1 Personal Account service proposal

Where applicable, the User may create a Personal account.

In addition to the services and functions available to all Users, the Personal account enables Users to reserve a product or service, pre-order or place an order via the Website or, where applicable, the Mobile application, offered by the Publisher.

The Publisher reserves the right to choose, add, modify or delete the products and services it intends to make available to the User via the Personal account.

9.2 User eligibility to open a personal account

The Publisher may reserve the opening of a Personal account to a certain category of User, for example, only consumers, only professionals, or only network affiliates, depending on the products or services it offers online. In this case, the Publisher informs the User of the conditions and information required to open a Personal account, using a data collection form.

The Publisher may choose to make the Personal account available automatically after collecting the necessary information via the data collection form, or defer the decision to open a Personal account to the result of an internal control procedure enabling it to ensure the quality of the User.

9.3 Access to the Personal Account

Access to the Personal Account is subject to the creation of login details, by combining an email address or a customer number with a password.
The Publisher reserves the right to choose the combination of login details offered that is best suited to the Website, or the Mobile Application where applicable.
Where the User eligible to open a personal Account is a consumer, his/her login details are strictly personal to him/her.
Where the User eligible to open a personal Account is a professional, the login details are reserved exclusively for the managers and employees of the professional legal entity, for strictly professional use.

9.4 Updating personal account information

The User's login details are personal and confidential and may only be changed at the User's request.

They may not be communicated to third parties. At the Publisher's request, in order to guarantee a satisfactory level of security, the User's password must be periodically renewed.

In the event of loss or theft of the password making up the login details, the Publisher provides the User with a password renewal procedure available in the login menu. The Publisher reserves the right to make the login menu appear in any form it deems appropriate, for example, without this list being exhaustive: internal link to the site, prompt text, button, icon or pop-up window.

The User must follow each step of the password renewal process, until validating the process by following, where applicable, a reset or confirmation link sent by email, for the password renewal to be recognised by the Website.

In the event of password theft, the User will inform the Publisher.

9.5. On-line quotations and orders

9.5.1 Whether or not the User is identified via a Personal account, the User may consult all the products and services that the Publisher has chosen to present on its Website and, where applicable, its Mobile application.

9.5.2 Where applicable, the Publisher allows the User to request a quote by means of a button available under the product or service offered, directing the User to a path or a form for collecting the data necessary for the Publisher to respond to the User's request. The User must then enter his contact details and click on ‘Send my request’ in order to validate the request for a quotation with the Publisher.

9.5.3 The Publisher may make any order, pre-order or reservation conditional upon login via a Personal account.

Users with a personal account may then reserve, order or pre-order a product or service, depending on the features and products or services that the Publisher has chosen to offer, by saving their choices in the ‘shopping basket’ section of the Website, or of the Mobile application where applicable.

9.5.4 Before validating the shopping basket, the User must ensure that the products or services in the shopping basket are suitable for the use he wishes to make of them. The Publisher is available to answer any questions on this subject, in particular via the contact form available on the Website, or on the Mobile application where applicable.

The User must check his shopping basket, correct the contents if necessary, and validate it. The Publisher confirms that the order has been taken into account by the means it considers most appropriate, by email, by telephone or directly in the User's Personal Space.

9.5.5 Whether or not the User is logged into his/her Personal account, his/her shopping basket, even if not validated, is stored for a reasonable period of time via the use of cookies associated with browsing and/or logging into the Personal account. If the User deletes the cookies from his/her terminal or browser, he/she is informed that he/she risks losing the history of his/her basket.

9.5.6 The Publisher reserves the right to refuse or offer online payment.

Where applicable, the Website does not host any means of online payment. Where one or more means of payment are offered by the Website, this refers to a secure payment platform (PSP).

Whether payment is made via a secure payment platform, via a link to a procedure for opening a customer account with the Publisher, by post or by visiting the Publisher's physical site, an invoice is issued to the Customer User at the latest upon delivery of the product or service ordered or reserved.

9.5.7 For any order, pre-order or reservation of a product or service, validation of the shopping basket by the User implies explicit recognition and unreserved acceptance by the User of the Publisher's general terms and conditions, where applicable to the service concerned:

General terms and conditions of sale, hire, trade-in, service and/or repair ;
General terms and conditions of sale, hire, trade-in, service and/or repair for consumers;
General terms and conditions of sale, hire, trade-in, service and/or repair for professionals.

The general terms and conditions remain available to the User. They may be freely consulted and downloaded from the Website, on the Mobile application where applicable, at the Publisher's premises, when a customer account is opened and/or when any interested party requests information.

The Publisher reserves the right to send the general terms and conditions by email to the User.

In the event of any contradiction between these TOU and the Publisher's other general terms and conditions, the latter shall take precedence over the TOU.

9.6. Deleting a Personal Account

9.6.1 Where applicable, Users may delete their Personal account whenever they wish, by going to the space dedicated to their Personal Account and activating the account deletion option.

When a Personal account is deleted, the data linked to this account is deleted by the Publisher, with the exception of the User's identifier, order history and corresponding invoices. If the User has never placed an order on the Website at the time of deletion of his/her personal account, all data linked to this account will be deleted by the Publisher.

In any event, the User may ask the Publisher to delete his/her account, or make any request or complaint to the Publisher, by referring to article 13 of the Publisher's Personal Data Protection Policy, available here.

9.6.2 Where applicable, the Publisher may delete a User's Personal account in the event of a breach of these TOU or any other general terms and conditions applicable to the User.

In addition, the following behaviour in particular is prohibited, it being understood that this list is not exhaustive:

Any behaviour likely to interrupt, suspend, slow down or prevent access to the Website, or to the Mobile Application where applicable;
Any intrusion or attempted intrusion into the Publisher's systems;
Any misappropriation of the system resources of the Website, or of the Mobile application where applicable;
Any action likely to impose a disproportionate burden on the Publisher's infrastructure;
Any breach of security and authentication measures;
Any action likely to prejudice the financial, commercial or moral rights and interests of the Publisher and those of other Users of the Website, or the Mobile application where applicable;
Any action aimed at monetising, selling, lending or granting all or part of access to the Website, to the Mobile application where applicable, as well as to the information hosted and/or shared thereon.

A User's personal Account may be terminated at any time without notice. The Publisher will inform the User accordingly.

Under no circumstances may the Publisher be held liable for the deletion of a User's Personal account.

10. Applicable law and jurisdiction

These TOU are governed by French law, regardless of where they are used.

In the event of a dispute and in the absence of an amicable agreement, the courts of the jurisdiction of the Publisher's registered office shall have sole jurisdiction.

The original version of these TOU is written in French.

General terms of use published on 14 November 2024