PART 1 / PLATFORM ZATFITS
1. Identity of the provider
The website www.manera.com is edited and operated by F-ONE, a simplified joint stock company (“société par actions simplifiée”), whose capital amounts to 45.000 €, registered at the Montpelier Trade and Companies Register under number 380 726 687 and whose registered headquarters are located 170, Route de la Foire, ZAC d’activités de la Méditerranée, 34470 Pérols, France.
- Phone: +33 4 67 99 51 16
- Mail: contact@f-onekites.com
2. Definitions
User: any person who uses the Internet Website that can be accessed at the following URL address www.manera.com
Provider: F-ONE identified here above
Service: the virtual size simulator
Site: the internet website that may accessed at the following address: www.manera.com
3. Purpose
These General Terms and Conditions of Use (hereafter “GTCU”) aim at setting the conditions for the use of the Site and Service.
The service supplied on the Site is a free service that allows users to be guided in their choice of the size of the MANERA products for a subsequent purchase via the use of a virtual size simulator.
This tool was designed in partnership with ZATFITS.
4. Terms of use of the Service
The Site and the Service are for consumers only, for their personal needs, or professional athletes for their personal needs.
4.1 Purpose Limitation
The Service is to be used exclusively in order to obtain a MANERA size for the current collection and to virtually try on MANERA products. Consequently, the Service cannot be used to enter morphological data for later purchases of products of third-party brands or a MANERA product from a catalogue other than the current one.
4.2 Creation of a client account
Use of the Service requires the prior creation of a client account. When registering on the Site, the User will provide the requested information (name, surname, email and password, measurements: neck size, hip circumference, bust and chest size, full height: from head to toes). The user shall be responsible for the information provided during registration, notably those relating to his/her identity.
The creation of the account can only be validated and the account activated when the User has expressly accepted the GTCU and acknowledged having read them.
The Provider may suspend access to the Site and Service in case of improper use as per the GTCU, abusive use or any use that could be prejudicial to the image of F-ONE and/or MANERA.
5. Provider’s Liability
Size recommendations are provided for information purposes only. In no event will the Provider be held liable for a size that would not fit the User, it being understood that the result notably depends on the accuracy of the measurements provided, the period between the date the size simulator was used and the actual purchase date, the conditions under which the measurements were taken by the User and the characteristics specific to some products, it being understood that virtual fitting does not replace an actual fitting (see the list of retailers: http://www.f-onekites.com/Locator).
Consequently, the size given at the end of the simulation cannot be considered by the User as a guarantee that the MARENA products purchased will fit. The Provider may thus not be held liable on any ground, notably if, for instance, the Service was used for the purchase of goods that cannot be returned to and/or reimbursed by the seller, whether professional or occasional.
6. Modification, suspension, discontinuance, malfunction of the Service
The Provider may, at its sole discretion and at any time, suspend, discontinue or modify the Service, notably for maintenance reasons, in case of a technical problem or for any other reason.
7. Hyperlinks
Hyperlinks to other websites or online social networks may appear on the Site. Their content is broadcasted and maintained by independent third-parties, with no links with the Provider. As a consequence, the Provider cannot be held liable, notably with regards to the information spread on these sites and networks.
8. Intellectual property
Any text, commentary, illustration, photo, image or any other element appearing on the Site www.manera.com belongs fully to F-ONE its partners. Thus, any reproduction, representation, modification or use of any of these elements is forbidden and qualifies as a counterfeit the counterfeiter may be held civilly and criminally liable for.
9. Personal data protection
Users are made aware that F-ONE collects and implements personal data, through its websites, in order to assist the users in choosing the right size of MANERA products, in the context of a subsequent purchase, via the use of a virtual size simulator, the creation of a client account and by carrying out client management as well as commercial prospection operations and sending newsletter.
F-ONE undertakes to comply with all current applicable personal data protection and privacy rules with regards to the Users and to ensure the confidentiality of such data.
User data is necessary to the achievement of the aforementioned purposes, failing which the User will not be able to use the virtual size simulator.
User data is provided/made available to:
- The authorized staff within F-ONE in order to achieve the aforementioned purposes;
- The service providers acting for and on behalf of F-ONE and according to its instructions (notably ZATFITS, the application’s developer and AMAZON, the company hosting the website)
User data is kept for three years starting from the end of the relationship with the user or from the last contact from said user, after which it is erased.
Each user has the right to consult, correct, modify or erase the data and to give instructions as to what will happen to the data after he/she dies. The user may require that such data be modified, complemented, clarified, updated or erased when wrong, incomplete, ambiguous or out-of-date. The user may also, for legitimate reasons, object to the use of his/her data.
In order to exercise such right, the User may send his/her request to the following address: F-ONE: 170, Route de la Foire, ZAC d’activités de la Méditerranée, 34470 Pérols, France or send an email at: contact@f-onekites.com.
PART 2 / MANERA WEBSITE
10. Newsletter
Depending on the choices made when creating the user account or on the static data collection forms, the user will receive commercial information and/or newsletters about F-ONE and its partners. Should the user no longer want to receive such information/newsletters, he/she can always send a letter to that effect at the following address: 170, Route de la Foire, ZAC d’activités de la Méditerranée, 34470 Pérols, France or by clinking on the hyperlink provided for this purpose in every communication received.
11. Cookies
The website uses cookies. A cookie is a small file stored on your computer.
Technical cookies are used in order to save settings and smoothen user navigation on our website.
Cookies may also be used for audience measurement purposes (creation of statistics on traffic patterns and, more generally, assessment of the use of the internet websites, notably via Google Analytics, a web analysis service edited by Google) or for targeted advertisement, insofar as the user has given prior consent to such use.
In order to object to the use of these cookies, the user may change the cookie settings via its browser. Most browsers are set by default and accept cookies. The user can, should he/she want to, configure his/her browser so that it systematically rejects all cookies, accepts or refuses on a case-by-case basis the cookies prior to their installation. The user may also regularly delete the cookies from the terminal via the browser. Each browser configuration is different.
Generally, the user may deactivate the use of cookies by selecting the proper setting on his/her browser (such settings are usually available in the “options” or “preferences” tab). It is specified that a complete deactivation of the cookies might prevent the user from using or accessing some of the Sites’ features.
The user must not forget to configure all his/her browsers on each of his/her IT sets (tablet, smartphone, computer, etc.).
More specifically, regarding the audience measurement system Google Analytics, the data generated by the user’s use of the website (including the IP address) will be transmitted to and stored by Google Analytics on Google servers. The user may object to the use of cookies by Google Analytics by using the opposition process described at the following address: http://www.cnil.fr/vos-obligations/sites-web-cookies-et-autres-traceurs/outils-et-codes-sources/la-mesure-daudience/.
12. Applicable law – Dispute Resolution
These GTCU are governed by French law.
In case of a dispute, the parties will, before initiating any legal proceedings, and promptly seek an amicable settlement. The User will contact the client service using the details set out in the “Identity of the Provider” article.
The European Commission has launched a dispute resolution platform available at: http://ec.europa.eu/consumers/odr/, which aims at collecting customers’ complaints in order to transfer them to the appropriate national mediators.
If no amicable settlement is reached, any dispute arising out of the present relationship between the User and the Provider will be submitted before the competent courts.
