Part I - INTRODUCTION
I. Purpose, acceptance and modification of the Terms of Services
This WEBSITE is provided and made available by Company STARPASSTORE.
These Terms of Services govern the access and use of the SITE and are intended to define the terms and conditions of use.
By using the SITE, the USER accepts all the terms contained in these Terms of Services without reservation as USER. If the USER disagrees with all or part of the Terms of Services, no use of the SITE may be made by the SITE.
The Terms of Services are subject to change at any time by the STARPASSTORE COMPANY due to the evolving nature of the SITE, which may be subject to change. It is therefore necessary that the USER refers before any navigation to the latest version of the Terms of Services accessible at any time on the SITE. The last updated version, will be available to all and permanently accessible by clicking on the link "Terms of Services".
If the USER wishes to subscribe to the SERVICES, he will be required to accept the general conditions of sale of goods and services which are specific according to the status of the CLIENT (MEMBER, SELLER, MERCHANT, or BUYER) by checking a box and a copy of which will be communicated to him prior to the subscription of the SERVICES.
The general conditions of sale of goods and services are available by clicking on the link "General Conditions of Sale of Goods and Services Provision ".
STARPASSTORE COMPANY and the USER undertake to comply with these Terms of Services.
In these General Conditions of Use, the words or expressions written in upper case will have the following meaning:
-The "PURCHASER" means the CUSTOMER, legal entity or natural person with full legal capacity to be able to engage under the present and purchase PRODUCTS on the STORE directly from STARPASSTORE. Prior to any purchase, the BUYER must create an ACCOUNT or connect to his ACCOUNT on the SITE.
-The "SHOP" means the e-commerce space available on the WEBSITE making available PRODUCTS sold or distributed by the MERCHANTS or the STARPASSTORE COMPANY.
-The "CUSTOMER" means any person contracting with the STARPASSTORE COMPANY as a MEMBER, USER, BUYER, SELLER or MERCHANT.
-The "Terms of Services" means the general conditions of use, as periodically modified by the STARPASSTORE COMPANY and which apply to any use of the SITE by USERS.
-The "Terms" refers to the general conditions of sale of goods and services, as periodically modified by the STARPASSTORE COMPANY and which apply to any purchase of DIGITAL PRODUCTS or SERVICES by any CLIENT on the SITE.
-The "STARPASSTORE CODE" means an eight-character CODE that can be used on the SITE. STARPASSTORE CODES can be purchased directly from the SHOP.
-The "STARPASSTORE ACCOUNT" or "ACCOUNT" means the interface dedicated to the use of strictly personal and nominative SERVICES for each CLIENT. Any legal representative of a minor, aged 12 years minimum and having been authorized, can also access the interface and is responsible for its use by the minor. It also gives access to other SERVICES.
-The "IMPAYES" means any amount that the CUSTOMER owes to the STARPASSTORE COMPANY because of a premium rate call made to a telephone operator, call that is not paid by the CLIENT from the telephone operator.
-The "MERCHANT" means the CUSTOMER, legal entity or physical entity, with full legal capacity to engage under the present and having an online sales activity of PRODUCTS on the SHOP.
-The "MEMBER" means the CUSTOMER, legal entity or physical entity, having the full capacity to engage under the present and using the SERVICES.
-The "PRODUCTS" or "DIGITAL PRODUCTS" refers to the digital products and services offered on the SITE SHOP.
-The "SERVICES" means, thanks to the provision of the SITE to CLIENTS by Company STARPASSTORE, including:
Part II - GENERAL PROVISIONS
Access to the SITE and use of the SERVICES
The SITE is accessible free of charge to any USER who has access to the internet. All costs related to access to the SITE whether material costs, software or Internet access are the sole responsibility of the USER.
Prior to the confirmation of his subscription to one or more SERVICE (S), the USER must carefully read the Terms of Services and, where applicable, the Terms and Conditions applicable to the SERVICE (S) he wishes to use.
The USER guarantees the STARPASSTORE COMPANY against any unlawful, non-compliant and / or unauthorized use of the information accessible via the SITE.
Without prejudice to the other rights that the STARPASSTORE COMPANY holds under these Terms of Services, if the USER does not comply with these Terms of Services in any way, the COMPANY STARPASSTORE will take any measures it deems appropriate for deal with this violation, including suspending access to the SITE, prohibiting access to the SITE, blocking access to the SITE to computers using the IP address of the USER, contact Internet Service Providers for their request to block access to the SITE and / or initiate legal proceedings against the USER concerned.
The USER must not use the SITE in a way that causes or risks causing damage to the SITE or limiting the availability or accessibility of the SITE; or in any manner that is unlawful, unlawful, fraudulent or harmful, or in connection with an unlawful, unlawful, fraudulent or harmful purpose or activity.
The USER must not use the SITE to copy, store, host, transmit, send, use, publish or distribute content that consists of (or is related to) spyware, computer virus, Trojan, worm , keylogger, rootkit or any other malicious software.
The USER must not carry out any systematic or automatic data collection activity (including but not limited to: scraping, data mining, data extraction and data recovery) on or in connection with the SITE without the express written consent of SOCIETE STARPASSTORE.
The USER must not use the SITE to transmit or send unsolicited commercial communications.
The USER must not use the WEBSITE for purposes related to marketing without the express written consent of Company STARPASSTORE.
ARTICLE 1. OPEN A STARPASSTORE ACCOUNT
To open a STARPASSTORE ACCOUNT, the USER must:
• be at least 18 years of age and have full legal capacity or be the legal representative of a minor aged at least 12 years, having authorized the use of the ACCOUNT by the minor under his responsibility;
• pass all required verification checks and validation of identity and security; and
• be a resident of a country in which the STARPASSTORE COMPANY provides its service.
ARTICLE 2. CASE OF THE MINOR USER
The USER as a minor is required to provide STARPASSTORE COMPANY with its valid date of birth in the form at the time of registration on the SITE. The legal representative of the minor must validate the verification checks and validation of identity and security required.
The legal representative of the minor USER agrees to indemnify the SOCIETE STARPASSTORE against any action that may result from the consequences of the use of the ACCOUNT by the minor USER.
The holder of an ACCOUNT expressly declares that the STARPASSTORE COMPANY is liable for any action that may result from the consequences of using the ACCOUNT by a person who does not have the legal capacity to use the SERVICES or who has not obtained the required authorizations.
ARTICLE 3. IDENTIFICATION AND VERIFICATION OF IDENTITY
ARTICLE 3.1. MAJOR USER
The major USER who has opened an ACCOUNT must provide the STARPASSTORE COMPANY with the following scanned documents:
• a valid two-sided color ID;
• proof of residence of less than 3 months;
• any other additional document deemed necessary by the STARPASSTORE COMPANY in case of doubt about the identity of the ACCOUNT holder.
The STARPASSTORE COMPANY reserves the right to request additional documents under the terms and conditions when the USER subscribes or uses the SERVICES.
ARTICLE 3.2. MINOR USER
The legal representative of a minor USER of 12 years minimum having authorized the use of an ACCOUNT by the minor, and bearing the responsibility for the use of this ACCOUNT by the minor, will be brought within the framework of the checks of ACCOUNT to transmit the following scanned documents:
• Two-sided color ID of the current legal representative;
• A valid color ID of the minor;
• Mandate of the legal representative duly authorizing the use of the ACCOUNT by the minor, dated and signed;
• Any other additional document deemed necessary by the STARPASSTORE COMPANY in case of doubt as to the identity of the ACCOUNT holder allowing, in particular, to justify the relationship.
Any minor who wishes to use the SITE must request the prior authorization of the legal representative who takes charge of the acts of the minor. Otherwise, the minor is in violation of these Terms of Services and the legislation in force.
ARTICLE 4. OPERATION OF THE STARPASSTORE ACCOUNT
The USER is responsible for all transactions recorded on his ACCOUNT.
The STARPASSTORE COMPANY can not be held responsible for the loss of the password of the USER.
No power of attorney may be given by the USER to a third party to use and manage an ACCOUNT.
All information and documents that the USER provides in connection with the use of the ACCOUNT must be accurate and valid. The USER guarantees not to use or misuse the ACCOUNT for fraudulent purposes against the STARPASSTORE COMPANY, its affiliates, partners, other MEMBERS, USERS or third parties and guarantees not to engage in other illegal activities. (including, without limitation, the sale of products, content or services prohibited by law).
ARTICLE 5. ACCOUNT SUSPENSION
A suspension of the ACCOUNT occurs in the following cases:
- when, after checking the USER's client file to verify the consistency of the data declared, the typology of the traffic and the updating of the personal data, the COMPANY STARPASSTORE finds or has reason to suspect that the information communicated is false or inaccurate;
- in the event of a diversion of the service, contrary to the Terms of Services;
- in the event of misuse of a legal or regulatory obligation;
- in the event of abnormal or illegal operations carried out on the ACCOUNT of the USER;
- under the conditions specified in the applicable Terms Of Services.
The USER of the ACCOUNT is notified of the suspension on his email address validated on the ACCOUNT; this notification includes a deadline in which the USER concerned is asked to provide the contrary evidence or documents necessary to regularize his situation.
The STARPASSTORE COMPANY may conduct an audit of the ACCOUNT in cases of suspension of the ACCOUNT.
ARTICLE 6. TERMINATION
In the event of a breach of these Terms of Services by the USER, the STARPASSTORE COMPANY reserves the right to terminate the contract to use the SITE with the USER.
If the USER refuses the modification of the Terms of Services under the conditions of article 16 of these Terms of Services, the contract of use of the SITE is also terminated automatically.
ARTICLE 7. CLOSURE OF AN ACCOUNT
ARTICLE 7.1. THE CLOSURE OF AN ACCOUNT AT THE STARPASSTORE COMPANY'S INITIATIVE
The closing of an ACCOUNT by the STARPASSTORE COMPANY will take place automatically following the termination of the user contract with the USER pursuant to article 6.
The closure of the ACCOUNT will not give rise to any compensation from STARPASSTORE COMPANY.
ARTICLE 7.2. CLOSING AN ACCOUNT AT THE USER'S INITIATIVE
The USER is free to close his ACCOUNT, at any time and without reason, by following the instructions in his STARPASSTORE space.
With regard to the ACCOUNT belonging to the minor USER, only the legal representative can close the MINOR'S ACCOUNT.
ARTICLE 8. MANAGEMENT OF A DORMANT / INACTIVE ACCOUNT
If the USER has not used the ACCOUNT for a period of twelve (12) consecutive months, the ACCOUNT is considered dormant.
The STARPASSTORE COMPANY notifies the titular USER and in the absence of a response by the latter within the deadline indicated in the notification, the ACCOUNT will be applied the monthly management fees available here.
ARTICLE 9. PROTECTION OF USER DATA
The USER is informed and expressly agrees to the processing of data, including personal data, concerning him for the purposes and conditions indicated in this article.
The USER may view the SITE without disclosing personally identifiable information such as names, e-mail addresses, postal addresses, IP addresses, telephone numbers, dates of birth, genres. However in order to create an ACCOUNT, the USER will be asked to communicate certain personal data including his pseudonym and his email.
In application of European and national legislation (law of 6 January 1978 relating to data, files and freedoms, the protection of personal data and professional secrecy), Company STARPASSTORE ensures the security and confidentiality of the personal data of USERS thus collected.
Personal data is processed by the STARPASSTORE COMPANY in order to improve the customer experience by making it more convenient and efficient. Without limiting the generality of the foregoing, the personal data communicated may serve the purpose of:
- the management of the ACCOUNT,
- Prospecting, sending out information tickets and carrying out commercial activities, statistical and heritage studies,
- The sale of the database of telephone information or emails from customers.
The USER has the right to access and rectify information concerning him and may oppose the use of his personal data for promotional purposes by writing to the head office of SOCIETE STARPASSTORE.
ARTICLE 10. COOKIES MANAGEMENT POLICY
A Cookie is a data file containing an identifier that can be stored by a web browser on a computer. The cookie makes it possible to connect a computer to the information stored by the Company STARPASSTORE in its database.
These Cookies can be used by the web servers to identify the USER who returns to the SITE.
The STARPASSTORE COMPANY only uses session cookies to meet the following objectives:
• increase the usability of the SITE,
• prevention of fraud and increase of security on the SITE.
They are not used for:
• trace the USER for navigation on the SITE,
• the management of the "basket (s)" on the SITE,
• administer the SITE,
• customize the SITE for each USER.
ARTICLE 11. INTELLECTUAL PROPERTY
ARTICLE 11.1. COPYRIGHT
All content and materials present on the SITE, such as the general structure, texts, images animated or not, the script, the technical applications are the exclusive property of SOCIETE STARPASSTORE and its partners, and are protected by the French legislation and international law on copyright and intellectual property. Any reproduction, representation by any process whatsoever, total or partial of the SITE or any of its elements in whole or in part, without the express and prior authorization of SOCIETE STARPASSTORE or its partners, is strictly prohibited under penalty of prosecution court.
Technical applications and other technical processes of the STARPASSTORE COMPANY including any file, image, video or other individual work incorporated in or generated by technical applications and other technical processes, as well as data accompanying technical applications and other technical processes and, where applicable, their documentation is recognized by the USER as a work of the mind, which it and its staff members undertake to consider as such, by refraining from copying, reproducing , to translate them into any other language or language, to adapt them, to distribute them for free or for a fee, or to add to them any object that does not conform to their specifications. The STARPASSTORE COMPANY does not transfer to the USER the title of ownership of technical applications and other technical processes.
ARTICLE 11.2. BRANDS
"STARPASSTORE" and associated logos, as well as "STARPASSTORE" and, more broadly, all commercial texts are trademarks registered with the National Institute of Intellectual Property and the property of the STARPASSTORE GROUP. Any use, whatever the brand names and logos of the WEBSITE including, but not limited to, the aforementioned trademarks and trade names held by the STARPASSTORE GROUP as well as trademarks of third parties is prohibited without the authorization of the rights holders.
No part of these Terms of Services shall be construed as implicitly granting, or otherwise, any license or right to use any mark displayed on the SITE without the prior permission of the specific right holder for each use. The marks may not be used to denigrate the STARPASSTORE COMPANY, its affiliates or the third party in question, the SERVICES on the SITE or third parties, or in any other way that may adversely affect the image or reputation of the marks. The use of any brand as part of a link to or from any website is prohibited without the prior written consent of SOCIETE STARPASSTORE. Any value or benefit generated by the use of any brand will belong to the STARPASSTORE GROUP.
ARTICLE 12. PROTEST PROCEDURE
If the USER encounters a problem, contact STARPASSTORE COMPANY's customer service department by email at email@example.com, indicating in the "complaint" object and explaining the facts so that the STARPASSTORE COMPANY can process the complaint. problem and find a solution as soon as possible.
ARTICLE 13. LIMITATION OF LIABILITY
In no event shall STARPASSTORE COMPANY, its subsidiaries, affiliates, branches, officers, agents or subcontractors be liable to the USER or any third party for indirect, special, non-material, punitive, exemplary or incidental damages. whether as a result of negligence, willful misconduct, wrongdoing or loss of data or loss of earnings, failure to realize expected revenues or savings, loss of profits or any economic or pecuniary loss.
Company STARPASSTORE declines any responsibility for failures of third parties involved in the execution of SERVICES and transactions: payment system operators, telecommunications operators, postal services, SELLERS, MERCHANTS, etc.
The STARPASSTORE COMPANY excludes all liability for PRODUCTS, CONTENT AND DIGITAL SERVICES sold by SELLERS AND MERCHANTS.
Any dispute relating to PRODUCTS, CONTENT AND DIGITAL SERVICES must be settled directly with the SELLER or the MERCHANT in question.
ARTICLE 14. FORCE MAJEURE
The USER accepts that the STARPASSTORE COMPANY can not guarantee: the external elements, hacking / theft of ACCOUNT, internet network and / or telecommunication operators and / or partners of the STARPASSTORE COMPANY or any other external cause that the STARPASSTORE COMPANY can not control .
The use of the ACCOUNT requiring the use of the Internet, the USER acknowledges having knowledge that it may be interrupted for reasons external to the STARPASSTORE COMPANY, such as interruption of communication, network failure, abandonment of the current transaction by the USER.
The STARPASSTORE COMPANY can not be held responsible for any delay or failure or disruption of the use of the SITE resulting directly or indirectly from acts of nature or causes beyond its control, including but not limited to limiting, internet failures, computer equipment, telecommunications or, blackouts, strikes, riots, insurrections, civil unrest, terrorism, war, government actions, decisions of courts or national or foreign courts.
Note that in the event of hacking or theft of an ACCOUNT, the USER is invited to immediately contact STARPASSTORE customer service. The STARPASSTORE COMPANY will close its ACCOUNT so that the fraudster can not act on his ACCOUNT.
However, as the aforementioned causes are external to Company STARPASSTORE, the latter can not be responsible for the consequences of these events (especially in case of hacking or theft of ACCOUNT). Company STARPASSTORE reminds the USER to be vigilant about their login credentials, to change their password regularly, and to protect their devices from viruses (such as keylogger or Trojan).
ARTICLE 15. OTHER
The opening date of an ACCOUNT, which is concomitant with the acceptance of these Terms of Services, constitutes by mutual agreement the date of conclusion of the contract of use of the SITE concluded for an indefinite period between the COMPANY STARPASSTORE and the USER, provided that the USER has fulfilled the obligations incumbent upon him, as described in these Terms of Services.
The USER may not in any case assign or transfer the contract of use of the SITE that binds it to the STARPASSTORE COMPANY or any of its rights and obligations hereunder.
The USER expressly agrees that the notifications to be made under these Terms of Services shall be made by e-mail related to his ACCOUNT.
In the event of the death of the USER, the ACCOUNT will be blocked and no operation carried out after the date on which the STARPASSTORE COMPANY has been informed of the death of the USER will be able to intervene until presentation of any proof by the heirs or their representative .
The communications between the STARPASSTORE COMPANY and the USER are in French or English.
The notifications addressed to the USER are considered to be validly transmitted, when they are sent to the email address given by the USER.
The notifications addressed to the STARPASSTORE COMPANY are considered to be validly transmitted, when they are addressed to the following coordinates:
Email: customer service of the STARPASSTORE COMPANY
ARTICLE 16. AMENDMENT OF TERMS OF SERVICES
The Terms of Services are searchable, printable and downloadable on the SITE at any time by clicking here.
STARPASSTORE COMPANY reserves the right to modify at any time, without notice, the present Terms of Services according to the requirements imposed by the cost, the functioning of the services, the evolution of the techniques of treatment of the objects and the evolution of legal and regulatory order, as well as in the event of exceptional events and / or changes in the legal and / or economic environment, which would significantly alter the economy of these and the opportunity for any update.
The new Terms of Services so modified will come into effect as soon as the STARPASSTORE COMPANY makes a notification to the USERS. The STARPASSTORE COMPANY also invites USERS to read the Terms of Services in force by consulting the SITE.
If the changes are required by law or regulation, the new provisions in the Terms of Services will apply immediately, without notice.
The new PRODUCTS, DIGITAL CONTENT AND SERVICES, SERVICES or enhancement of features on the SITE do not constitute contractual modifications.
The USER may oppose changes to the Terms of Services at any time during the two (2) month period from their entry into force in writing.
By opposing the new Terms of Services before the expiry of the two (2) month period, the USER terminates the contract with immediate effect. In this case, the provisions of Article 6 shall apply.
These modifications will not give rise to any compensation on any medium whatsoever.
ARTICLE 17. LANGUAGE, APPLICABLE LAW AND COMPETENT COURTS
These Terms of Services are concluded in the English language.
If any provision of these Terms of Services is determined by a court or other competent, illegal and / or unenforceable authority, the remaining provisions will remain in effect. If an illegal and / or unenforceable provision could be lawful or enforceable if part of it were removed, that part will be deemed to be deleted and the rest of the provision will remain in effect. The USER and the STARPASSTORE COMPANY also agree to replace the clause declared void and invalid by a clause that will be as close as possible to its content of the original clause, in particular to maintain the economic balance of the contract.
The contract of use of the SITE concluded between the STARPASSTORE COMPANY and the USER as well as the Terms of Services constitute the whole and the only contract between THE USER and the COMPANY STARPASSTORE.
In the absence of an amicable agreement found in the context of the complaints procedure defined in article 12, any dispute concerning the present Terms of Services will be subject to the jurisdiction of the French courts, except contrary imperative legislative provision and, notwithstanding plurality of defendants , call in guarantee, referred and expertise.