Terms and conditions

Preamble

The purpose of these general terms and conditions of sale (hereinafter the “General Terms and Conditions of Sale”) is to define the rules applicable to the sale of Amniotic designer products (hereinafter the “Products”) on the amniotic.studio website (hereinafter the “Site”),

Between :

LAB.G, a simplified joint stock company with capital of 10,000 euros, headquartered at 30 boulevard de la République – 87200 St-Junien, registered in the Limoges Trade and Companies Register under number 908 329 865.

and :

Any non-trading natural person of legal age, having the legal capacity to contract, exclusively domiciled in the countries supplied by the Site (hereinafter the “Customer”) making a purchase of Products on the Site.

The Customer and Amniotic are collectively referred to as the “Parties” and individually referred to as the “Party”.

Any order for a Product offered on the Site implies the Customer’s full acceptance of the General Terms and Conditions of Sale in force at the time the order is placed.

Amniotic reserves the right to modify the General Terms and Conditions of Sale at any time by publishing a new version on the Site.

Article 1. Object

The General Terms and Conditions of Sale define the terms of sale of Products by Amniotic to the Customer, as well as the rights and obligations of the Parties arising from the online sale of Products offered on the Site.

Product descriptions on the French version of the Site are available in French only. Similarly, the General Terms and Conditions of Sale on the French version of the Site are drawn up in French only.

Article 2. Products

2.1. Product description

The Products offered for sale by Amniotic are those appearing on the Site on the day of consultation by the Customer within the limits of available stocks, it being specified that the photographs illustrating the Products are not contractual.

Each Product is the subject of a description sheet which, in addition to the photograph, contains the price, available sizes and colors, composition and special features.

2.2. Possible unavailability of products

In the event that a Product is unavailable, Amniotic will inform the Customer as soon as possible by e-mail of the delivery of a partial order or the cancellation of the order.

This information will be provided when the order is placed or following validation of the order prior to delivery. The customer will then have 48 working hours (excluding weekends and public holidays) to request the cancellation of the order or its dispatch under special conditions (partial delivery), by contacting Customer Services by e-mail at contact@amniotic.studio.

After this period of 48 hours, and if no request from the Customer has been sent to Amniotic, the partial order will be dispatched for delivery to the Customer.

If the Customer’s bank account has already been debited at the time of the aforementioned information to the Customer, Amniotic undertakes to reimburse the Customer as soon as possible for the price of the unavailable product(s) to the bank account debited at the time of the order.

In the event that the Customer requests the cancellation of the entire order, Amniotic undertakes to reimburse the Customer for the sums paid within thirty (30) days at the latest after their deduction.

Amniotic reserves the right to modify or discontinue the products offered on the Site at any time. Such modifications shall not apply to orders accepted by Amniotic prior to the entry into force of such modifications.

2.3. Price

Prices are given in euros.

The prices applied are those communicated on the Site and confirmed to the Customer when the order is validated.

Article 3. Ordering

Browsing the various pages of the Site in no way commits the Customer to an order.

3.1. Ordering

The Customer completes the order by completing the following 5 steps:

Step 1: While browsing the Site, customers wishing to place an order can do so simply by clicking on the “Buy” icon next to each product displayed. Choose model, color, size, quantity and click on “Buy” again.

Step 2: As soon as this operation has been completed, the customer will see the number of items in their basket displayed on the “Your basket” sign. The Customer can then continue his visit or click on the “Your basket” icon to see his basket displayed on the screen, showing all the elements of the order and in particular the total amount including the nature of the Products ordered and their quantity. The customer may return to this order, complete it, modify it or cancel it as long as it has not been validated. If the Customer wishes to select other Product(s), he/she simply clicks on “Continue shopping”, ensuring that the Product(s) he/she has just selected remain in the “Your basket” section. The Customer is hereby informed that at any time during the order process, i.e. until actual payment has been made in accordance with the conditions set out in article 3.3 below, he/she has the option of going back over the order, completing it, modifying it or cancelling it, until it has been definitively validated.

Step 3: Once the selection of Products has been completed, the Customer may order them by clicking on the “Your basket” icon to view his/her basket and then on “Order”. A new web page will then open, inviting the Customer to provide his contact details by filling in the form provided. In particular, he/she undertakes to provide an address to which delivery can be made during working hours from Monday to Saturday, as well as his/her surname(s) and first name(s). Once the form has been fully completed, an order summary will appear on the screen, containing all the information relating to the order, in particular the nature, quantity and price of the Products, the total amount (including shipping costs) of the order, the Customer’s contact details, the delivery address and the billing address.

Step 4: Once the Customer has checked the status of his/her order, he/she will be invited to click on the “Next” button in order to validate his/her order. It is at this stage that the customer must choose the most suitable carrier. By clicking on the “Next” button, the Customer must first read the General Terms and Conditions of Sale, and then tick a box opposite the message “I have read the General Terms and Conditions of Sale and accept them unreservedly”.

Step 5: Once the General Terms and Conditions of Sale have been accepted, the customer must click on the means of payment he is interested in, and thus accept the conditions of article 3.3 below. A Caisse d’Epargne web page dedicated to payment of the order will open. The Customer will then access the secure payment screen of Amniotic’s partner as specified in article 3.3 below. Payment is made online by credit card only. Customers must enter their credit card number, its validity date and the 3 numbers of the visual cryptogram on the back of their card. If payment is accepted, the Customer will be redirected to an order confirmation screen on the Site. If payment fails, the Customer will have up to 3 attempts to re-enter his/her bank details. After the 3rd refusal, the Customer will be redirected to a screen on the Site indicating that payment has been refused. The Customer will then be invited to contact Amniotic’s customer service department to find out the reasons for this and together find a solution to finalize the Customer’s order. The data recorded by Amniotic constitutes proof of all transactions between Amniotic and the Customer.

3.2. Order confirmation

As soon as the Customer’s payment has been accepted, the Customer will receive an e-mail confirming the order, and summarizing all the items ordered, the billing and delivery address, and the delivery date.

The validation of the order by the Customer and the order confirmation sent to the Customer by e-mail by Amniotic following acceptance of payment constitute the conclusion of a sales contract between the Parties and acceptance of the General Terms and Conditions of Sale.

Customers who have placed an order may print their invoice by logging on to the Site in the order tracking area provided for this purpose.

Amniotic reserves the right not to validate the order in case of :

• abnormal or abusive claims,
• abnormal orders in relation to quantities ordered,
• abnormal or abusive exchanges and returns,
• existing dispute(s) with the Customer.

The Amniotic Site’s customer service department is available to answer any questions the Customer may have regarding the order. Customer service is available by e-mail contact@amniotic.studio, and by telephone +33 (0)7 85 62 10 72, Monday to Friday, 10am to 12pm and 2pm to 5pm.

3.3. Payment

The price of Products purchased is payable in cash, in full, on the day the order is placed by the Customer. Payment is made online by credit card (Carte Bleue, Visa, Eurocard/Mastercard) when the Customer confirms the order.

Authorization to debit the card is requested when the order is validated on the Site, except in the event of server unavailability. Amniotic reserves the right to issue a new direct debit authorization request if the first request is unsuccessful due to server unavailability.

In the event of non-payment, incorrect address or any other problem with the Customer’s account, Amniotic reserves the right to block the Customer’s order until the problem has been resolved.

Amniotic retains ownership of the Product(s) ordered until full payment of the price and all accessories, including shipping costs.

In the event of fraudulent use of a credit card on the Site, the Customer is invited to contact Amniotic by e-mail contact@amniotic.studio and by telephone on +33 (0)7 85 62 10 72 from Monday to Friday, 10am to 12pm and 2pm to 5pm.

Transactions carried out on the Site are secured by the Payplug payment system. All information exchanged to process payment is encrypted using SSL (Secure Socket Layer) protocol. This data cannot be detected, intercepted or used by third parties. At no time are the customer’s financial data transmitted on Amniotic’s computer system.

Payplug verifies that the connection with the customer’s browser is secure before sending the payment form to the banking institution carrying out the financial transaction. As Payplug is a technical service provider, it does not handle any disputes relating to orders, which are handled directly by Amniotic as specified above or, where applicable, by the Customer’s bank.

Pay your order in 3 or 4 instalments by credit card from €150 up to €3000 with Oney Bank.

Oney Bank offers its partners’ retail customers a financing solution called “3x 4x Oney”.

This personalized financing system allows customers to pay for products and/or services ranging from €100 to €3,000 in 3 or 4 credit card instalments.

This financing can be offered to the customer with or without fees, according to the choice specified by the partner in his sales process, and under the following terms and conditions:

Conditions: This offer is reserved for private individuals (over 18 years of age) residing in France and holding a Visa or MasterCard bank card with a validity date longer than the chosen financing period. Systematic authorization cards such as Electron, Maestro, Nickel, etc., as well as e-cards, Indigo and American Express are not accepted.

How to subscribe: Once you have completed your order, simply click on the “3x 4x Oney payment by credit card” button. You will then be redirected to our partner’s 3x 4x Oney web page, where you will find a detailed summary of your order and your personalized financing application, which you must then validate.
Enter your personal details or, if you have a 3x 4x Oney account, log in using the login details linked to your 3x 4x Oney account. You have read the general terms and conditions of payment in instalments to which you wish to subscribe, which are provided to you in PDF format so that you can read, print and save them before accepting them.
You acknowledge that the “double click” associated with the checkbox on the acknowledgement of the general terms and conditions constitutes consent to contract and irrevocable and unreserved acceptance of the product’s general terms and conditions.

In the absence of proof to the contrary, the data recorded by Oney Bank constitutes proof of all transactions between you and Oney Bank.

If you ask to benefit from a financing solution offered by Oney Bank, the information relating to your order will be transmitted to Oney Bank, which will use it to study your request for the granting, management and collection of credit.

Oney Bank reserves the right to accept or refuse your request for 3x 4x Oney financing. You have 14 days to cancel your loan.

How does it work? Payment in 3 or 4 instalments by credit card allows you to pay for your order on our merchant site in the following way:

• a mandatory deposit, debited on the day of confirmation of shipment of your order;
• two or three monthly instalments, each corresponding to a third or a quarter of the order, debited 30 and 60 days later for 3 times and 30, 60 and 90 days later for 4 times, which include, in the case of 3x 4x with charges, charges corresponding to 1.45% of the total amount of the order for a 3 times and 2.2% for a 4 times (within the limit of 15€ maximum for a 3 times payment and 30€ maximum for a 4 times).

In the case of no-cost financing offered by the Partner, you will not be charged any additional fees on top of the purchase price.

To better understand how 3x 4x Oney works, here are a few examples:

Examples of 3x 4x Oney by credit card, with fees, from €100 of purchase and up to €3000:

• Example for payment in 3 instalments: For a purchase of €150, a deposit of €52.18, then 2 monthly instalments of €50. 2-month loan at a fixed APR of 19.31%. Cost of financing: €2.18 up to a maximum of €15.
• Example for payment in 4 instalments: For a purchase of €400, a deposit of €108.80, then 3 monthly instalments of €100. 3-month loan at a fixed APR of 19.61%. Cost of financing: €8.80 up to a maximum of €30.

Oney Bank – SA au capital de 51 286 585 € – Siège social : 34 avenue de Flandre 59170 CROIX – RCS Lille Métropole 546 380 197 – n° Orias : 07 023 261 – www.orias.fr – Correspondence: CS 60006 – 59 895 Lille Cedex 9 – France www.oney.fr

3.4. Order archiving

The order confirmation is recorded on Amniotic’s registers, which are themselves kept on a reliable and durable medium. The Customer accepts that the order confirmation is considered as proof of the contractual relations between the Parties.

Article 4. Delivery and acceptance

4.1. Terms of delivery

Once the order has been prepared, it will be sent to the postal address provided by the Customer when placing an order on the Site.

Customers can track the progress of their delivery on the Site, by clicking on the “Your Account” icon and entering the e-mail address and password they provided when placing their order.

If the Products are delivered by post, in the event of the Customer’s absence, the Products will be deposited at the post office responsible for the delivery address given by the Customer. In this case, the letter carrier will leave a notice in the Customer’s letterbox allowing the Customer to collect the parcel during the post office’s working hours within a fortnight.

If the Products are delivered by carrier, in the event of the Customer’s absence, the carrier will leave a delivery notice in the Customer’s letterbox. The customer must then contact the carrier to arrange a new delivery date. It is nevertheless specified that if the Customer does not contact the carrier again, the latter will carry out two new delivery tests, the date and time of which will be determined at the carrier’s discretion.

If the chosen transport solution is Colissimo, the parcel will be kept by the Post Office for a period of ten (10) days after the first presentation.

If So Colissimo is chosen, the nearest post office will hold the parcel for the customer for 15 consecutive days, or 10 working days if the parcel is delivered directly to the post office.

In the event that the Customer should receive a damaged package or a package with a certain amount of damage that has marred the Product ordered, the Customer is invited to inform Amniotic as soon as possible in accordance with the conditions set out in article 4.4.

4.2. Deadlines

The Products purchased will be sent by the usual postal services or carriers who undertake to deliver the packages within the following average times:

• Standard: 2 to 5 working days from dispatch;
• Sundays and public holidays are not considered working days.

In any event, and in accordance with the provisions of article L. 121-20-3 of the French Consumer Code, the order will be executed within a maximum period of thirty (30) days from the day following that on which the Customer validated his/her order, subject to full payment of the price. If the order has not been delivered by the end of this period, the Customer will have the option of cancelling his/her order under the conditions set out in article 4.3 below. The sums paid by the Customer will then be refunded, to the exclusion of any other compensation.

4.3. Late delivery

If the maximum delivery time of thirty (30) days is exceeded and the Product(s) ordered have not yet been dispatched, the Customer may exercise his/her right to cancel the order by sending an e-mail to Amniotic’s Customer Service at the following address contact@amniotic.studio or send a registered letter with acknowledgement of receipt to the following address

SHOWROOM Agnelle for the attention of Amniotic 17 rue Duphot, 75001 Paris

As soon as the right to cancel has been exercised, Amniotic will make a refund, to the bank account debited at the time of the order, as soon as possible, to the exclusion of any other compensation.

In the event of partial delivery, delivery may be made in instalments, and this right will only apply to the undelivered balance of the order.

Any delay in delivery must be reported as soon as possible by the Customer by e-mail to contact@amniotic.studio, so that Amniotic can make inquiries with the postal services or the carrier. The customer must be informed that the duration of a survey is random, and that Amniotic has no control over its execution. If, during this investigation, the parcel is found, it will be immediately redirected to the place of delivery designated on the Site by the Customer.

Nevertheless, if at the end of this investigation it is confirmed that the package containing the Product(s) has been lost, Amniotic will, at its own expense, reship the Product(s) to the Customer or, in the event of definitive unavailability, reimburse the Customer, to the bank account debited at the time of the order, for the sums received in accordance with the terms of these General Terms and Conditions of Sale.

4.4. Reception

Each delivery is deemed to have been made when the Product(s) is (are) made available to the Customer by the carrier, as evidenced by the control system used by the carrier.

The transfer of the risks of loss and deterioration of the Products takes place after delivery and receipt of the Products by the Customer.

It is the Customer’s responsibility to verify immediately upon receipt of the Product(s) the conformity and integrity of the Product(s) shipped.

In the event of delay, breakage or shortage, the Customer must express complete and precise reservations on the delivery note. In any event, the customer may only take recourse against the carrier, to whom he must express his reservations. In accordance with article L.133-3 of the French Commercial Code, any reservations must be confirmed by registered letter to the carrier within three (3) days of receipt.

Any such reservations must also be notified to Amniotic’s Customer Service Department within the same time limit and in the same form at the following address: contact@amniotic.studio.

A copy of the claim addressed to the carrier must be enclosed.
Any claim formulated after this deadline or without respecting the required form will be rejected and Amniotic will be released from any responsibility.

Article 5. Right of withdrawal

In accordance with the provisions of article L.221-18 of the French Consumer Code, and notwithstanding any provisions contained herein, the Customer has a cooling-off period of fourteen (14) working days, from the date of delivery of the Products, to return, at his/her own expense, the Product(s) ordered which do not satisfy him/her.

For any return of Product(s) in the context of exercising the right of withdrawal, the procedure must be followed in full:

The customer must first go to his personal space in the online store and fill in the “Return of goods” form for the order concerned, not forgetting to tick the product(s) to be returned and to specify the reason(s) for the return.

The Amniotic team will examine the case of the return, and will inform the Customer whether or not his Product(s) return is accepted.

In the event of acceptance: The Customer must then send the product(s) concerned and attach the return label, which can be printed out in his personal space, under the heading “Product returns”.

No returns will be accepted:

• without the return label,
• if the Product is not in perfect condition and in its original packaging,
• to an address other than this one:
  SHOWROOM Agnelle for the attention of Amniotic 17 rue Duphot, 75001 Paris

The Customer acknowledges that any Product returned which has obviously been used for a prolonged period of time, not necessary for the sole purpose of testing the Product, or in a condition which does not allow it to be resold, shall not give rise to the application of the present provisions.

Amniotic undertakes to reimburse the Customer, to the bank account debited at the time of the order, within a maximum of thirty (30) days, subject to compliance with the aforementioned conditions. The return of Products will give rise to a refund equal to the total amount paid by the Customer, i.e. the purchase price of the Product and delivery costs (excluding return costs).

Article 6. Product conformity and warranties

The Product(s) are subject to the warranty conditions stipulated by French law, i.e. :

Article L. 211-4 of the French Consumer Code : “The seller is obliged to deliver goods that conform to the contract and is liable for any lack of conformity at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when the latter has been made his responsibility by the contract or has been carried out under his responsibility”..

Article L. 211-5 of the French Consumer Code: “To conform to the contract, the goods must :

1° Be fit for the use ordinarily expected of similar goods and, where applicable :

• correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model,
• have the qualities that a purchaser may legitimately expect, having regard to the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling;”.

2° Or have the characteristics defined by mutual agreement between the parties, or be suitable for any special use sought by the buyer, brought to the seller’s attention and accepted by the latter”.

Article L. 211-12 of the French Consumer Code: “Any action resulting from a lack of conformity must be brought within two years of delivery of the goods”.

Article 1641 of the French Civil Code: “The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them”.

Article 1648, paragraph 1 of the French Civil Code: “The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect”.

The General Terms and Conditions of Sale shall not have the object or effect of depriving consumers in the European Union of the mandatory legal provisions laid down by the legislation of their own country. If any provision of these terms and conditions should be contrary to any mandatory rule of law from which the Customer may benefit under its national legislation, such provision shall not be applicable to such Customer, all other provisions remaining otherwise valid.

Article 7. Receipt of order – Complaints – Return of products

The Customer is obliged to check the conformity of the Products received in fulfilment of his order at the time of delivery.

Any anomaly noted on delivery such as :

• Damaged products,
• Missing products,
• Products not in conformity with the order,

Must be notified within 15 working days of receipt of the order to the following address:

• Mail: contact@amniotic.studio
• Tel: +33 (0)7 85 62 10 72

Products must be returned in their original packaging with a copy of the invoice to the following address:

SHOWROOM Agnelle for the attention of Amniotic 17 rue Duphot, 75001 Paris

Amniotic does not accept parcels sent postage due.

All risks and perils associated with the return of the Product(s) are borne by the Customer. Upon receipt of the allegedly non-conforming Product(s), Amniotic will check the Product(s) as soon as possible. If the non-conformity of the Product(s) is confirmed, Amniotic will then proceed with the reimbursement, to the bank account debited at the time of the order, of the non-conforming Product(s) within thirty (30) days after receipt of the non-conforming Product(s).

The Customer may also, instead of requesting a refund of the Product, subject to the availability of Products in stock, request Amniotic to deliver a Product identical to the one ordered, or a Product of equivalent quality and price.

Article 8. Responsibility

Amniotic has only an obligation of means, for all stages of access to the Site, for the order process, for delivery and for subsequent services if applicable.

Amniotic may not be held liable for any inconvenience or damage inherent in the use of the Internet, in particular a break in service, external intrusion or the presence of a computer virus.

However, in the event that the Customer encounters a difficulty when consulting the website, ordering or delivering Products, Amniotic undertakes to do everything in its power to enable the Customer to contact Amniotic in order to explain his/her complaints and needs.

Without limiting the foregoing, Amniotic’s liability hereunder shall not exceed an amount equal to the sums paid or payable on the order giving rise to such liability, regardless of the cause or form of action involved.

Amniotic cannot be held responsible for the non-fulfilment of its obligations, if this non-fulfilment has been caused by a case of force majeure.

Article 9. Legal information and clauses

9.1. Information technology and civil liberties

The personal information collected in the context of distance selling is mandatory, as this information is required for the processing and delivery of orders and for the preparation of invoices. This information is strictly confidential. It will only be used by Amniotic or its subcontractors, who are subject to the same obligations, to process orders. Failure to provide this information will result in automatic rejection of the order.

In accordance with the French Data Protection Act no. 78-17 of January 6, 1978, the processing of personal data collected on the Site has been declared to the French Data Protection Authority (Commission Nationale de l’Informatique et des Libertés). The Customer has the right to access, modify, rectify and delete personal information collected by Amniotic.

To exercise this right, the Customer may, at his option, send an e-mail to Amniotic Customer Service at the following address: contact@amniotic.studio

Amniotic undertakes not to resell the Customer’s contact details to third parties without the Customer’s prior consent.

The Customer may receive information e-mails from Amniotic regarding Amniotic’s products and activities. The Customer retains the right to refuse such communication after the fact, either by not giving his consent at the time of validation of the order, or by expressing his refusal by e-mail to contact@amniotic.studio or by post to the following address:

SHOWROOM Agnelle for the attention of Amniotic 19 rue Duphot, 75001 Paris

9.2. Force majeure

Neither Party may be held liable for the total or partial non-performance of its obligations, if such non-performance is due to an act of God or the occurrence of an event constituting force majeure, such as, but not limited to, flood, fire, storm, shortage of raw materials, transport strike, partial or total strike, or lock-out. The Party affected by such events shall inform the other Party as soon as possible and at the latest within five (5) working days of the occurrence of such event.

The Parties agree that they shall consult each other as soon as possible in order to determine together how the order will be carried out during the period of force majeure.

If the case of force majeure lasts for more than one (1) month, Amniotic may not honour the order, and Amniotic shall reimburse the Customer for any sums paid by the Customer for the order in question.

9.3. No partial validation

If one or more stipulations of these General Terms and Conditions of Sale are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations will retain all their force and scope.

9.4. No waiver

The fact that one of the Parties has not required the application of any clause of these General Terms and Conditions of Sale, whether permanently or temporarily, shall in no way be considered as a waiver of that Party’s rights arising from the said clause.

9.5. Title

In the event of difficulty of interpretation between any of the titles of the articles and chapters and any of the clauses, the titles shall be deemed not to exist.

9.6. Entire contract

These General Terms and Conditions of Sale and the order confirmation sent to the Customer form a contractual whole and constitute the entire contractual relationship between the Parties.

Pursuant to articles 1316 et seq. of the French Civil Code, and, where applicable, article L.110-3 of the French Commercial Code, the information provided by the Website is deemed authentic between the Parties. Elements such as the time of receipt or transmission, as well as the quality of the data received, will be deemed authentic by priority as they appear on Amniotic’s information systems, or as authenticated by Amniotic’s computerized procedures, unless the Customer provides written proof to the contrary. The scope of proof of the information provided by Amniotic’s computer systems is that accorded to an original in the sense of a written paper document, signed by hand.

9.7. Applicable law – Disputes

The law applicable to these General Terms and Conditions of Sale and related orders is French law, to the exclusion of the Vienna Convention on Contracts for the International Sale of Goods.

Any dispute arising out of or in connection with the validity, interpretation or performance of these terms and conditions, which is not settled amicably by the Parties, shall be submitted to the French courts under the conditions of ordinary law.

Article 10. Legal information

10.1. Website owner and publisher

The Website is published by Amniotic :

Amniotic – LAB G
Simplified joint-stock company with capital of 10,000 euros
30 boulevard de la République – 87200 St-Junien
SIRET 908 329 865 00012 APE-NAF code: 4791B
Tel: +33 (0)7 85 62 10 72

10.2. Publishing Director

The Publishing and Editorial Director of the Website is Isabelle Guyon, founder of Amniotic.

10.3. Website hosting and maintenance

Hosting is provided by Infomaniak, whose address is 26 avenue de la Praille – 1227 Geneva, Switzerland.

Webmaster and site maintenance: MG Créa’Com

Article 11. Intellectual Property

11.1. Trademarks, logos, trade names, domain names

The trademarks, logos, acronyms, corporate names, trade names, brand names and/or domain names of Amniotic and/or its commercial partners mentioned on the Website constitute distinctive signs that may not be used without the express prior authorization of their owner.

Any use, reproduction, representation, imitation, total or partial modification of these distinctive signs is therefore prohibited and constitutes trademark infringement, in application of the provisions of Book 7 of the French Intellectual Property Code, and engages the tort liability of its author, in application of the provisions of Article 1382 of the French Civil Code.

11.2. Copyright (photographs, images, sounds)

The Website is the full and complete property of Amniotic, owner or licensee of the intellectual property rights attached thereto. The general structure of the website (graphic charter) and its content (texts, slogans, images, photographs, sounds, videos, etc.) are the property of Amniotic or third parties authorized to use them, and are protected by copyright.

Thus, any representation, reproduction, modification, distortion and/or exploitation of all or part of the Website and/or its content, by any process whatsoever and on any medium whatsoever, without the express prior authorization of Amniotic, is prohibited and constitutes copyright infringement, pursuant to the provisions of Book 1 of the French Intellectual Property Code, and renders the User criminally and civilly liable on the grounds of copyright infringement.

11.3. The blog

Any user of the Website (hereinafter the “User”) wishing to use the Website’s Blog must, without restriction or reservation, comply with the provisions hereof.
Any User accessing the Blog may consult the sections of the said service and post comments, provided that they do not fall foul of express penal provisions by posting illegal information and/or data (in particular and without this list being exhaustive: violent, pornographic, racist, anti-Semitic, xenophobic, infringing copyright, neighbouring rights, trademark rights, third party personality rights).

As soon as a User wishes to publish content on the Site, he or she agrees to grant Amniotic this license:

“You hereby grant Amniotic full, unrestricted and unconditional permission to publish any content you send to Amniotic. Accordingly you expressly grant Amniotic a license to the content which includes:

• the right to reproduce the content on any multimedia medium, paper, film, optical disc format, etc., including those for advertising purposes, and in any graphic art form, by any technical process and by any processing method (analogue, digital, etc.) for end-user terminals such as computers, cell phones, digital tablets, etc., in any type of format, and
  in particular the right to store, archive and host the content on the servers used by Amniotic as well as on hard disks, random access memory, cache memory, in all types of formats;
• The right to represent the content by communicating it to the public by any means and on all communication networks, in particular such as the Internet and Amniotic’s websites including its blog, Intranet, Wap, I-Mode, press, airwaves, cable, telematic, and/or digital, downloading etc ;
• The right to adapt the content, in any format and framing, illustrated by any captions, texts and comments (excluding political and pornographic contexts). This right includes the right to retouch or modify the content, in particular for graphic, format, clarity and/or color reasons, which may be imposed by the aforementioned modes of exploitation.
• You agree that the content may be used in a dissociated manner for any occasion, whether promotional or commercial, at Amniotic’s discretion and in particular within the Blog published on the Site.
• You also agree that the content may be used by Amniotic, in particular for the following purposes
  and associated with your pseudonym-blog in its promotional, marketing and advertising operations”.

This license is valid in any language, for the whole world and for the whole duration of the protection granted on the contents to its assignees, according to the French and foreign legislations and the current and future international conventions on the literary and artistic property, including possibly the extensions which could be brought to this duration.

As indicated above, the User agrees not to receive any remuneration for these publications.

THE USER EXPRESSLY CERTIFIES THAT THE CONTENT SENT TO AMNIOTIC IN DIGITAL FORMAT IN USABLE QUALITY IS COMPLETELY FREE OF RIGHTS, BELONGS TO THE USER AND DOES NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, THE PERSONALITY RIGHTS OF ANY THIRD PARTY OR ANY OTHER PROPERTY RIGHTS OF ANY THIRD PARTY.

Furthermore, the User acknowledges that he/she is aware that Amniotic :

• makes no commitment to use or distribute the content in any medium whatsoever, and in particular on the Site’s Blog.
• may withdraw the content of its Site if it considers that it infringes the rights of third parties.
  Amniotic’s partners, that they are in breach of these General Terms and Conditions.
  Use of the Site and the Site’s General Terms and Conditions of Sale.

As a consequence of the foregoing, the User waives all recourse against Amniotic and any company that may replace it.

11.4. Databases

In accordance with the provisions of Article 341-1 of the French Intellectual Property Code, the Website User acknowledges Amniotic’s rights to all or part of the databases accessible on the Website, in its capacity as producer.

Thus, any extraction, use, storage, reproduction, representation or conservation, direct or indirect, partial or total, including in buffer or temporary memory, qualitatively or quantitatively substantial of the content of one or more of Amniotic’s databases, committed by one of the processes mentioned above, is strictly prohibited, including by a medium not authorized by Amniotic.

11.5. Hypertext links

The creation of any hypertext link to all or part of the Website is strictly prohibited without the prior written consent of Amniotic.

Amniotic cannot be held responsible for the content, data, products and information offered by websites to which hypertext links are provided.

In particular, Amniotic declines all responsibility for websites whose data does not comply with the legal and regulatory provisions in force.

Article 12. Confidentiality – Personal data

Amniotic is responsible for processing any personal data that may be collected via the Website.

All personal information transmitted by the User of the Website is subject to the provisions of the French Data Protection Act N°78-17 of January 6, 1978, and to subsequent laws and regulations which govern the processing of personal data.
modified it.

Should the User be required to provide personal data, Amniotic :

• undertakes to use said data only to respond to any requests for information, and
• reserves the right to send new messages to the customer, to propose offers, unless the customer expressly refuses.

Amniotic processes personal data via its website for the following purposes:

1. to compile general statistics on Website traffic,
2. respond to the expectations, questions and needs expressed by Users of its Website,
3. management of Amniotic customers, including prospective customers,
4. contractual relationship management,
5. commercial prospecting or direct marketing of products and services promoted by Amniotic, with the express prior consent of the User(s) concerned.

Amniotic undertakes to take all reasonable care to ensure the security and confidentiality of the personal data of Users of the Website and to ensure that such data is only accessible to authorized Amniotic personnel.

Amniotic also undertakes not to give, sell or rent to third parties the personal data of Website Users, unless required to do so by law, regulation or judicial authority.

E-mails and e-mail addresses sent to Amniotic are only kept for the time required to process them.

In accordance with the provisions of articles 38, 39 and 40 of the French Data Protection Act No. 78-17 of January 6, 1978, as amended by Act No. 2004-801 of August 6, 2004, the User has the right to access, object to, rectify and delete any personal data collected by Amniotic at any time.

To do so, the User may send a simple letter to Amniotic at the address given in article 1.1 of the present Legal Notice.

12.1. Cookies

Amniotic uses cookies on the amniotic.studio website.

Cookies are information relating to the navigation of the computer of visitors and users of the amniotic.studio website. They make it possible to determine the pages consulted, the date and time of consultation, etc. However, at no time will they allow Amniotic to identify Users personally.

This “cookie” is stored on the user’s computer for no longer than one (1) month.

The User is informed, however, that he/she may refuse to accept cookies, in particular by configuring his/her Internet browser.

Article 13. Responsibility

Amniotic informs the User that the sale of Amniotic branded Glove Products offered on the Website is subject to the present General Terms and Conditions of Sale.

In this respect, all photographs and documents illustrating the equipment and products offered on the Website are not contractual and do not engage the responsibility of Amniotic.

Amniotic shall not be held liable for any indirect damage, such as loss of profits, market, or chance, resulting from the use of the Website.

Any information concerning Amniotic, of any nature whatsoever, accessible on the Internet outside this Website, will have been transmitted without the authorization of Amniotic and will therefore not incur its liability.

Amniotic is bound only by a best-efforts obligation concerning the information accessible on the Website, which is not necessarily complete, exhaustive, accurate or up-to-date.

Amniotic therefore declines all responsibility and cannot be held liable for the interpretation of the information contained on the Website, nor for the consequences of its use.

Although every care has been taken to ensure the accuracy of this website, it does not constitute a contractual document and should not be relied upon in any legal proceedings. Amniotic shall not be held liable for any errors, omissions or inability to access the Website.

Access to and use of the Website is the sole responsibility of the User.