Legal Notice & General Terms of Use

By browsing on this website www.vivelys.com (the “Website”), the user unconditionally accepts the present general terms of use (the “GTU”). 

The GTU version displayed online while browsing on the Website is the only version enforceable for the entire term of use of the Website and up until its replacement by a new version. 

VIVELYS reserves the right to modify or update the GTU at any time and without any prior notice. It is the user’s sole responsibility to consult it regularly to be informed. 

1) Legal Information 

Editor: This Website was developed and edited by VIVELYS, a company incorporated in France under the form of a simplified joint-stock company (société par actions simplifiée) with a share capital amounting to 2,000,000 Euros, which registered office is located at Domaine du Chapitre, 34750 Villeneuve-Les-Maguelone, France, registered under number 453 312 365 RCS Montpellier (“VIVELYS”).

Editorial manager: Karine HERREWYN, General Manager (Directrice Générale). 

Host: OVH SAS, a company incorporated in France under the form of a simplified joint-stock company (société par actions simplifiée), which registered office is located at 2 rue Kellermann, 59100 Roubaix, France, registered under number 537 407 926 RCS Lille. 

2) Website Content 

The purpose of this Website is to provide general information in relation to VIVELYS and its commercial activities. 

VIVELYS makes its best efforts to ensure the proper functioning and security of this Website as well as the accuracy and updating of the information available. However, VIVELYS cannot guarantee the accuracy, precision, or exhaustiveness of the information available on this Website. It is the user’s sole responsibility to verify such information by other means, including by contacting VIVELYS. 

VIVELYS reserves the right to modify, at its sole discretion, the content of this Website, at any time and without prior notice. 

It is the user sole responsibility to ensure the content of this Website is compliant with its local legislation. VIVELYS cannot be held responsible for any use of this Website not compliant with its local legislation.

3) Intellectual Property

All brands, photographs, texts, comments, illustrations, animated or fixed images, video sequences, sounds as well as all computer applications which may be used to operate this Website and more widely all elements reproduced or used on this Website are protected by the intellectual property legislation in force. They are the full and unconditional property of VIVELYS and/or its partners or, alternatively, VIVELYS possesses the rights to use them on its Website. 

Any reproduction, representation, use or adaptation, in any form whatsoever, of any or part of these elements, including computer applications, are strictly prohibited without VIVELYS’ prior written consent. VIVELYS not bringing legal actions when becoming aware of any unauthorized use shall not imply consent to said use nor waiver of legal action. 

4) Website administration 

For due and proper administration of the Website, VIVELYS may, at any time:

• suspend, interrupt or restrict access to all or part of the Website, reserve access to the Website, or to certain parts of the Website, to a given category of or all users;
• delete any information which hinders proper operation or breaches national or international legislation, or the Netiquette basic rules;
• suspend the Website for update purposes. 

5) Liability 

VIVELYS’ liability shall not be incurred in case of technical failure, breakdown, difficulty or interruption of the service, preventing access to the Website or any of its functions. 

The user is solely responsible for its device used to log on to the Website. The user must take all appropriate measures to protect its material and data, especially from virus attacks. The user of the Website is solely and exclusively liable for all websites and data consulted. 

VIVELYS may not be held liable for: 

• any imprecision, inaccuracy or omission regarding data available on the Website;
• any damage resulting from the modification of the data available on the Website due to a fraudulent intrusion of a third party;
• more generally, for any direct or indirect damage, whatever the causes, origins, nature or consequences, due to anyone’s access to the Website or impossibility to access the Website, as well as the use of the Website and/or to the credit given to any information available either directly or indirectly on the Website. 

VIVELYS may not be held liable in the event of any legal proceedings brought against the user:

• due to the use of the Website or any service available online;
• due to the user non-compliance with any provision of these GTU. 

VIVELYS may not be held liable for any damages caused to the Website users and/or to their material and/or to third parties due to the connection or use of this Website. Any Website user hereby relinquish any legal action against VIVELYS for this purpose. 

In case VIVELYS was the subject of any amicable or legal proceedings due to the user’s use of the Website, VIVELYS may in turn bring action against the user to receive indemnification for all prejudice, amounts, convictions and fees which may result from these proceedings. 

6) Data Protection Policy 

By browsing on this Website, the user unreservedly and expressly accepts the Privacy Policy.  

7) Cookies 

A cookie is a file of data stored by the user’s device while browsing on the Website (ex: connection information, browsing preferences…etc.). This file is automatically used for the user’s next connections on the Website.

The following cookies are used by VIVELYS on the Website: 

• Technical cookies: those cookies are necessary for the Website proper functioning and cannot be disactivated on the VIVELYS systems. The user can configurate its browser to block those cookies or be informed of their existence. However, such configuration may affect the Website proper functioning. This type of cookies does not store any Website user personal data.  

• Tracking marketing: those cookies are used to analyze the traffic on the Website, to maintain a relationship with the user and to provide content and fitting adds. If the Website user does not accept those cookies, the adds on the Website will not be adapted to the user’s browsing habits and VIVELYS will not be able to improve the browsing experience on the Website.   

The information collected by the cookies on the Website user device cannot be kept for more than thirteen (13) months. 

The consent given by the Website user related to the use of cookies on its first visit is valid for thirteen (13) months. However, the Website user can modify its choices at any time in the Cookies section, or by changing the settings on its browser. 

8) Hypertext Links

VIVELYS hereby waives all liability regarding the content of other websites toward which the Website has links. These links are proposed to the Website users as a service. The decision to click on links is exclusively the users. Moreover, it is the Website user's responsibility to take all necessary precautions to avoid any contamination of the Website by one or more viruses. 

9) Photographs and representation of products 

All photographs are non-contractual and not binding on VIVELYS. 

Credits: Samuel Duplaix, Anaka Yoga Photography

10) Applicable law

The present GTU are governed by French Law. Any dispute related to the GTU shall be submitted to the exclusive jurisdiction of the Mont de Marsan, France, courts, except in case of a specific law or rule allocating a different jurisdiction. 

11) Contact 

For any question related to these GTU, please contact VIVELYS using the Contact section.