1. Presentation of the company.
Menguy’s, a limited company with a board of directors and a capital of €40,000, registered at the Registry of Trade and Companies of Toulouse under the number 333 821 692, having its registered office located at 13-15, rue Jean Monnet Saint Parc D’Activités du Casse II, BP 14246, 31240 L’Union – France, is the owner of the www.menguys.fr website.
The phone number is +33 5 62 48 54 00
PRODUCTION LA PRADE : FR210008_01VHOV
MENGUY’S : FR209870_01CJTB
BARNIER PRODUCTION : FR211901_01MOIL
2. Presentation of the website.
Under Article 6 of Law No. 2004-575 of 21 June 2004 for confidence in the digital economy, it is hereby specified to users of the www.menguys.fr website the identity of the various parties involved in its implementation and monitoring:
Owner : Menguy’s
Creator : Cartoon Design
Publication manager : MENGUY’S SAS
Webmaster : Iwego
Host : OVH 2 rue Kellermann – 59100 Roubaix – France
This website is normally accessible to users at all times.
However, Menguy’s may deny access to the Website to Users who abuse its content and/or breach any of the terms contained therein.
MENGUY’S SAS may, however, decide to interrupt the website for technical maintenance purposes and will make every effort to notify users in advance of the dates and times of the intervention.
The www.menguys.fr website is regularly updated by MENGUY’S SAS. Similarly, the legal information may be modified at any time: it is nevertheless binding on the user who is invited to refer to it as often as possible in order to take note thereof.
MENGUY’S SAS endeavours to provide information on the www.menguys.fr website that is as accurate as possible. However, it cannot be held responsible for omissions, inaccuracies and shortcomings in the updating, whether they are of its own making or that of third-party partners who provide it with this information.
All information indicated on the website www.menguys.fr is given as an indication, and is likely to change over time. Furthermore, the information on the www.menguys.fr website is not exhaustive. It is provided subject to any changes that have been made since it was put online.
4. Access and use
Access to our site is free of charge, with the exception of the connection fee charged by the User’s internet service provider.
The user undertakes to make responsible use of the Website as well as of the information to which they have access while browsing the Website, as well as any subsequent use that may be made of it.
The user has a legal obligation to use the Website responsibly.
The Users are entirely responsible for the use that they make of the information to which they have access while browsing the Website, as well as any subsequent use that may be made of it.
The user undertakes to use the Website and the applications posted on it in accordance with the law, these general terms and conditions of use, the instructions, warnings received, as well as generally accepted moral, ethical and public order standards.
The User undertakes to use the Website only for lawful and legitimate purposes, which do not violate the laws in force or the legitimate rights of Menguy’s or third parties, and/or which could cause direct or indirect losses.
In accordance with the foregoing, the content shall include, but not be limited to: texts , photographs, graphics, images, technologies, software, links and other audiovisual or sound content, in addition to its graphics and source codes (hereinafter the “Content”), in compliance with the Law, these Terms and Conditions, other notices, rules of use and instructions brought to the attention of the User, as well as generally accepted moral, ethical and public order standards and, in particular, you agree not to reproduce, copy, paste, distribute, make available or in any other way publicly disclose, transform, modify the Content, except if the User has the consent of the owner of the corresponding rights or if the law allows it and/or, if applicable, by using the buttons enabled by Menguy’s for social media.
Furthermore, the User may not in any way whatsoever remove, manipulate or modify the copyrights and other identifiers of Menguy’s exclusive rights or any other technical resources established to recognize its brand.
The purpose of the Menguy’s website is to provide information about the company’s activities.
The User undertakes, by way of non-restrictive example, not to divulge, disseminate or make available to third parties any information, data, content, messages, graphic displays, drawings, sound and/or image files, photographs, recordings, software and, in general, any category of material belonging to this Website, as well as to refrain from carrying out actions which :
- Incites or encourages criminal, slanderous and violent acts, or in general, which are contrary to the law and generally accepted ethical, moral and public order standards;
- Are false, equivocal, exaggerated or intemperate and could lead to misinterpretations of the purpose or intentions or objectives of the disclosing party;
- Are protected by intellectual or industrial property rights held by third parties, without the User having requested prior permission from the necessary holders to make use of these rights;
- Constitute, where appropriate, illegal, misleading or unfair advertising and, in general, constitute unfair competition, or violate the legal provisions on the protection of personal data;
- Contain viruses or any other physical or electronic components that could damage or prevent the network, computer system, hardware or software of Menguy’s from functioning properly.
5. Contractual limitations on technical data.
The website cannot be held responsible for material losses related to the use of the Website. In addition, the user of the website undertakes to access the website using recent hardware, free of viruses and with a latest-generation updated browser.
6. Intellectual property and counterfeiting.
Menguy’s is the owner of the intellectual property rights and/or holds the rights of use on all the elements accessible on the site, in particular the texts, images, graphics, logo, icons, sounds and software.
The User is informed that all these rights are protected by French and international laws in force concerning intellectual and industrial property.
Any total or partial reproduction of the Website, regardless of the means or process used, or any of its contents is strictly forbidden, except with the express written consent of Menguy’s.
Similarly, copying, reproducing, adapting, modifying, distributing, marketing, publicly disclosing and/or committing other acts that involve a violation of the French and international laws in force, beyond the normal use of the content of this website, is strictly forbidden, except with the express written consent of Menguy’s.
In general, any unauthorised use of the website or of any of the elements that it contains will be considered to constitute a copyright infringement and will be prosecuted in accordance with the provisions of Articles L.335-2 et seq of the French Intellectual Property Code.
7. Limitations of liability.
Menguy’s cannot be held liable for any direct or indirect losses caused to the user’s equipment when accessing the www.menguys.fr website, and resulting either from the use of equipment that does not meet the specifications indicated in point 4, or from the appearance of a bug or an incompatibility.
Menguy’s cannot be held liable for any indirect losses (such as loss of market or loss of opportunity) resulting from the use of the www.menguys.fr website.
Interactive spaces (option to ask questions in the contact space or at the email address menguys(a)menguys.fr) are available to Users.
Menguy’s reserves the right to delete, without prior notice, any content posted in this space that would contravene the legislation applicable in France, in particular the provisions relating to data protection. If need be, Menguy’s also reserves the option to engage the civil and/or criminal liability of the user, in particular in case of message of a racist, abusive, defamatory or pornographic nature, regardless of the medium used (text, photograph, etc.).
Similarly, Menguy’s cannot firmly guarantee that :
- Access to the web pages and/or linked websites will be uninterrupted and/or error-free.
- The content or software accessed by Users from the website and/or web pages do not contain any errors, computer viruses or other features that may damage their computer systems, electronic documents or files stored on their computer systems or any other damage.
8. Personal data management.
In France, personal data is protected by law no. 78-87 of 6 January 1978, law no. 2004-801 of 6 August 2004, Article L. 226-13 of the French Penal Code and the European Directive of 24 October 1995.
At the time of the use of the www.menguys.fr website, the following may be collected – the URL of the links via the intermediary of which the user reached the www.menguys.fr website, the user’s Internet service provider and the user’s Internet protocol (IP) address.
In any event, www.menguys.fr only collects personal information relating to the user for the requirements of certain services offered by the www.menguys.fr website. The user provides this information with full knowledge of the facts, particularly when he/she enters it himself/herself. The user of the website www.menguys.fr is then informed whether there is an obligation or not to provide this information.
In accordance with the provisions of Article 38 et seq of law 78-17 of 6 January 1978 relating to data processing, data files and personal freedoms, any user has a right of access, rectification and opposition to the personal data relating to him/her, by submitting his/her written and signed request, accompanied by a copy of the identity document bearing the signature of the document holder, specifying the address to which the response must be sent.
No personal information belonging to the user of the www.menguys.fr website shall be published, exchanged, transferred, assigned or sold to any third party on any medium whatsoever without the user’s knowledge. Only the occurrence of a takeover of MENGUY’S SAS and its rights would permit the transfer of the aforementioned information to the potential purchaser, who would be in turn be bound by the same obligation concerning the retention and modification of the data with respect to the user of the www.menguys.fr website
The databases are protected by the provisions of the law of 1 July 1998 transposing EU directive 96/9 of 11 March 1996 on the legal protection of databases.
10. Hypertext links and cookies.
The www.menguys.fr website contains a certain number of hyperlinks to other sites, inserted with the authorization of MENGUY’S SAS. However, MENGUY’S SAS does not have the ability to check the content of the sites thus visited, and consequently will not assume any liability in this regard.
Refusal to install a cookie may make it impossible to access certain services. However, the user can configure his/her computer in the following way, to refuse the installation of cookies:
In Internet Explorer – tool tab (pictogram in the shape of a cog at the top right) / internet options. Click on Privacy and choose Block all cookies. Press Ok.
In Firefox – at the top of the browser window, click on the Firefox button, then go to the Options tab. Click on the Privacy tab. Set the Retention Rules to: Use custom settings for history. Finally, uncheck it to disable cookies.
In Safari – click on the menu icon (symbolized by a cog) at the top right of the browser. Select Settings. Click on Show Advanced Settings. In the “Privacy” section, click on Content Settings. In the “Cookies” section, you can block cookies.
In Chrome – Click on the menu icon (symbolized by three horizontal lines) at the top right of the browser. Select Settings. Click on Show Advanced Settings. In the “Privacy” section, click on preferences. In the “Privacy” tab, you can block cookies.
10. Applicable law and jurisdiction.
Any dispute in connection with the use of the www.menguys.fr website is subject to French law. The competent Courts of Toulouse shall have exclusive jurisdiction.
11. The main laws involved.
Law no. 78-17 of 6 January 1978, as amended by law no. 2004-801 of 6 August 2004, on information technology, data files and personal freedoms.
Law no. 2004-575 of 21 June 2004 concerning confidence in the digital economy.
User: Internet user connecting, using the above-mentioned website.
Website : www.menguys.fr
Personal information: “Information that allows, in any form whatsoever, directly or otherwise, the identification of the individuals to whom it applies” (Article 4 of law no. 78-17 of 6 January 1978).