General terms of use of the website

Version as of 26/02/2025

IT IS EXPRESSLY AGREED THAT ANY USE OF THE WEBSITE WWW.GOUTALPARIS.COM AND ANY ACCESS TO ANY OF ITS CONTENT, UNDER ANY CIRCUMSTANCES, IMPLIES THE UNCONDITIONAL ACCEPTANCE AND COMPLIANCE BY THE USER WITH THESE GENERAL TERMS OF USE. THE USER HEREBY ACKNOWLEDGES HAVING READ AND TAKEN NOTE OF THESE GENERAL TERMS OF USE.

IN THE EVENT OF ANY OBJECTIONS OR DISPUTES REGARDING ANY PART OF THE PROVISIONS OF THESE GENERAL TERMS OF USE, THE USER ACKNOWLEDGES THAT HE/SHE SHALL NO LONGER HAVE THE RIGHT TO ACCESS THE WEBSITE’S CONTENT.

ARTICLE 1. DEFINITIONS

For the purposes of these General Terms of Use and for access to and use of the Website and its content, the following terms have the meanings specified below; other terms may also be defined within these General Terms of Use.

“User Account”: means the customer account created by the User on the Website or by retrieving an account created with a partner or service provider, to access the various services provided by the Company on the Website.

“GTU”: means all the provisions set out herein whose purpose is to define the terms and rules for accessing and using the Website, as well as the information contained therein.

“Content”: includes, without limitation, the structure of the Website, editorial content, images, illustrations, photographs, graphic charters, trademarks, logos, acronyms, company names, audiovisual works, multimedia, visual content, audio content, as well as any other content included on the Website and/or any other elements making up the Website.

“Cookie(s)”: means a text file that may be stored—subject to the User’s choices—in a dedicated area of the User’s device storage when accessing an online service via their web browser. A Cookie allows its issuer to identify the device on which it is stored during the validity period or duration of the Cookie. Each cookie is assigned an anonymous identifier.

“Personal Data”: means any information relating to an identified or identifiable natural person. A person is deemed identifiable if they can be identified, directly or indirectly, in particular by reference to an identification number or one or more specific elements pertaining to their physical, physiological, mental, economic, cultural, or social identity. In the context of the Cookie usage policy, it refers to data related solely to the User at a given moment, regardless of the device used.

“Form”: means the form through which the User provides their information to the Company for the purpose of creating a User Account and/or to be contacted.

“Login Identification”: means a confidential identifier (such as an email address or other) and a password that allow access to the User Account and certain content on the Website.

“Browsing Information” or “Navigation”: means the information relating to a device’s connection to an electronic communication service at a given time. The Company (and/or its authorized service providers and agents) may process Browsing Information, even if it does not necessarily know which device the User is using or who the User is at a given moment.

This Browsing Information includes, in particular:

– The IP (Internet Protocol) address of the device connected to the Internet;
– The date and time of the connection of a device to an electronic communication service;
– The URL (Internet address) of the referring page (“referrer”) of the device accessing an electronic communication service;
– The type of operating system used by the device (Windows, MacOS, Linux, Unix, BeOS, etc.);
– The type and version of the browser software used by the device (Internet Explorer, Safari, Firefox, Chrome, Opera, etc.);
– The language setting of the browser used by the device;
– The identifier and the content of a Cookie stored by the Company (and/or its authorized service providers and agents) on the device.

“Website”: means the website accessible at https://www.goutalparis.com from which the Company promotes and provides various services to the User, information on stores and points of sale, as well as online product purchases, which is governed by the general terms of sale accessible here: [to be completed with the link to the general terms of sale].

“Company”: means AmorePacific Europe, a simplified joint-stock company with a share capital of €63,050.00, whose registered office is located at 49, Avenue des Champs Élysées, 75008 Paris, France, with the unique identification number 379 384 225 RCS Paris.

“Device(s)”: means the hardware (computer, tablet, smartphone, phone, etc.) that the User uses to consult and access the Website.

“User(s)”: means any person or legal entity wishing to access the Website and the services provided by the Company.

ARTICLE 2. PURPOSE

These GTU govern the terms and conditions of access and use of the Website by any User, as well as the rights and obligations of the parties.

These GTU are solely intended to inform the User about the conditions for accessing and using the Website, to promote it, and to inform Users about the services provided by the Company.

Any other services provided by the Company through the Website are subscribed to by the User under separate general terms of sale accessible here: [to be completed with the link to the general terms of sale].

ARTICLE 3. ACCESS AND USE OF THE WEBSITE

The Website is freely accessible online via the Internet.

To do so, the User must have a device capable of accessing Internet content and an Internet connection. The User is solely responsible for possessing such access means and the associated costs, which will be billed directly by the relevant operators.

Consequently, the Company cannot be held liable for any damages that may be incurred during a visit to the Website due to the User’s technical environment, including their computers, software, network equipment, and any other hardware used to access or use the service and/or the information.

Similarly, the Company cannot be held responsible in the event of interruptions in network access to the Website, total or partial unavailability of the Website (resulting notably from the telecommunications operator, transmission errors, or security issues in transmissions, failures of the reception hardware, or the User’s telephone line).

In order to use the Website, a natural person User must be at least 18 years old (or the legal age of majority in their country of residence) and legally capable of contracting and using the Website in accordance with these GTU, either on their own behalf or on behalf of a legal entity.

To access certain services, the User must create a User Account and complete the Form with a Login Identification.

It is reminded that the Login Identification is strictly personal and confidential. By registering, the User undertakes to provide truthful and accurate information regarding their personal details, including their email address.

Any User with a User Account may also request to unsubscribe by visiting the dedicated page on their personal space. This unsubscription will then take effect within a reasonable time.

If the User notices any abnormal or fraudulent use of their Login Identification, they must notify the Company as soon as possible.

The Company reserves the right to modify, correct, or delete content or to temporarily suspend the Website, notably for maintenance purposes, at any time without notice and without compensation.

ARTICLE 4. USER OBLIGATIONS

When using the Website, the User agrees to comply with applicable laws and regulations, to respect third-party rights, and to adhere to these GTU.

Each User is required to:

– Provide accurate, truthful, current, and complete information when creating a User Account;
– Update without delay any information provided at the time of creating a User Account if such information changes;
– Not use the Website to commit crimes, offenses, or infractions punishable by law;
– Not use the Website’s information directly or indirectly for commercial purposes;
– Not reproduce, permanently or temporarily, all or part of the Website by any means or in any form;
– Not use the Website’s information for a competing website, company, or services, or for comparison websites;
– Not disparage the Website, the Company, and/or its products and services;
– Not attempt to divert internet users to another site or competitor;
– Not adapt, modify, translate, transcribe, arrange, compile, decompile, disassemble, transcode, or reverse-engineer all or part of the Website and/or its Content;
– Not export the Website, nor integrate all or part of the Website into other computer programs;
– Not make short citations, analyses, or reproductions for press reviews or any other use explicitly permitted by law within the limits and conditions established by law and, among other things, subject to mentioning the names of the authors and publishers;
– Not use software or devices likely to disrupt the proper functioning of the Website;
– Not hack, or use any device or system likely to hack the Website and/or the Content or to violate these GTU;
– Inform the Company as soon as the User becomes aware of any hacking activity and, in particular, any illegal or unauthorized use of the Website and/or its Content, regardless of how it was disclosed;
– Not sell, rent, sublicense, distribute, or make the Website and/or its Content available to third parties in any way;
– Use the Website and its Content in accordance with the purpose described in these GTU.

Consequently, the Company cannot be held responsible for any misuse of the Website by the User.

The Company reserves the right, at any time and at its sole discretion, to suspend or delete access to the Website for one or more Users and to take any measures against them if it considers that such User(s) are not complying with these GTU.

ARTICLE 5. EFFECTIVE DATE – DURATION

These GTU are concluded for an indefinite period from the first access to the Website and for as long as they are applicable under the conditions specified in Article 6 below.

ARTICLE 6. AMENDMENTS TO THE GENERAL TERMS OF USE

The Company may revise these GTU at any time.

The revised GTU, bearing the modifications, will be published online. They will be considered fully accepted by all Users accessing the Website after their publication. The Company therefore invites all Users to review the GTU periodically.

The continued use of the Website by the User after being informed of the publication date of the modified GTU shall be deemed as acceptance of the new version of the GTU.

ARTICLE 7. PERSONAL DATA

The Company applies the obligations of the amended Law 78-17 of 6 January 1978 relating to data processing, files, and freedoms, the provisions of EU Regulation 2016/679 of 25 May 2018 on data protection (hereinafter, the “GDPR”), as well as the ethical principles that follow regarding the personal information that the User may provide during their use of the Website.

The privacy policy detailing the procedures applicable to the collection and processing of Users’ Personal Data on the Website is accessible here: [to be completed with the link to the privacy policy].

ARTICLE 8. COOKIES

When consulting the Website, in order to enhance the User’s experience, technical data that may be recorded in relation to accessing or using the Website include the User’s Internet Protocol (IP) address and information relating to the configuration (type of device, browser, etc.) and the Navigation (date, time, pages visited, occurrence of errors, etc.) of the User.

This information may be stored, via the User’s browser, in small text files (Cookies), subject to the User’s choices, in a dedicated storage area of the Company’s and/or its partners’ equipment, which process this technical data completely anonymously, without linking it to any information that could identify the User, and is not transmitted to any third party.

Each cookie is assigned an anonymous identifier. The cookie file allows its issuer to identify the device in which it is stored during the validity period or duration of the respective cookie.

No Personal Data is collected or linked to the anonymous user identifier, and the User may oppose the use of such cookies by sending an email to the following address: [to be completed].

The User can configure their browser to be informed when a Cookie is about to be activated. This allows the User to reject the cookie or to request that the browser delete the Cookie at the end of their visit to the Website. The Company’s online store accessible via the Website cannot be used if cookies are refused by the User.

8.1 Purposes of Cookies Placed on the Website

Depending on their category, Cookies are used for the following purposes according to the terms of Axeptio, the Company’s partner:

Essential Technical Cookies
A first category of Cookies is strictly necessary for using the Website. They are indispensable for navigating the Website while enjoying all its functionalities (support of the User’s operating system, display, etc.). They allow adaptation of certain features and the presentation of the Website to the User’s browser and device. These are essentially technical cookies that do not identify the User as an individual.

Performance and Audience Measurement Cookies
These Cookies allow the Company to determine the number of visits and traffic sources, in order to measure and improve the Website’s performance. They also help to identify the most/least visited pages and assess how visitors navigate the Website. All information collected by these Cookies is aggregated and therefore anonymized. If the User does not accept these Cookies, the Company will not be informed of the User’s visit to the Website.

These Cookies are used solely for statistical purposes, error prevention, prevention of unauthorized access and counterfeiting of the Website, or to improve access or use conditions.

Functionality Cookies
Another category of Cookies concerns functionality. They simplify the User’s navigation by saving some of the User’s choices (language, User’s name, country, information related to a previously filled-in form, etc.).

If these Cookies are not accepted by the User, some or all of these services provided by the Company may not function properly.

Targeted Advertising Cookies
These Cookies may be set on the Website by the Company’s advertising partners. They may be used by these companies to build a profile of the User’s interests and to offer him/her relevant advertisements on other websites. They do not directly store Personal Data, but are based on the unique identification of the User’s browser and device. If the User does not allow these Cookies, the advertising will be less targeted.

These Cookies enable the User to receive advertising content targeted to his/her interests. These Cookies are placed by the Company’s partners.

The Company does not manage the Cookies of its partners and has no control over them.

Social Network Cookies
Another category of Cookies comes from social networks: these Cookies, issued by third parties, allow the User to share the Website’s content with others. This is the case, for example, of the Website’s “Share” or “Like” buttons for social networks such as Facebook, Instagram, Twitter, LinkedIn, Snapchat, and TikTok.

The Company draws the User’s attention to the identification that such a button allows. Indeed, the social network providing this type of button on the Website may be able to identify the User through that button, even if the User does not click on it during their visit. Some cookies allow the respective social network to track the User’s navigation on the Website as long as the User’s account on that social network is active on their device during the visit.

The Company has no control over the process used by social networks to collect information regarding the User’s navigation on the Website and associate it with any Personal Data they hold. The User is advised to review the privacy policies of these social networks to understand the purposes for which they may use the navigation information, including advertising.

These privacy policies should enable the User to exercise their choices with these social networks, including by configuring their user accounts for each of these networks.

8.2 The User’s Choices Regarding Cookies

The User can, at any time, configure their browser to modify their cookie preferences via the cookie manager accessible here: [to be completed with the link to the cookie manager].

8.2.1 Consent to Cookies
The placement of a Cookie on a device is essentially subject to the User’s will, which can be expressed and modified at any time and free of charge through the options offered by their browser or via the cookie manager accessible here: [to be completed with the link to the cookie manager].

If the User has accepted the placement of Cookies on their device via their browser, the Cookies included on the pages and content they view may be temporarily stored in a dedicated area of that device. They will be readable only by their issuer.

The validity period for the User’s consent to the placement of Cookies is thirteen (13) months. At the end of this period, the User’s consent will be requested again.

8.2.2 Refusal of Cookies
If the User refuses the placement of Cookies on their device, or if the User deletes those already stored, they will no longer be able to benefit from a number of functionalities that are nevertheless necessary to navigate certain areas of the Website.

For example, if the User attempts to access content or services that require identification.

Similarly, if the Company—or its service providers—cannot technically recognize the type of browser used by the User’s device, its language and display settings, or the country from which the device appears connected to the Internet.

In such cases, the Company declines any responsibility for the degraded performance of its services resulting from the inability to store or access the Cookies necessary for their operation that the User has refused or deleted.

8.2.3 How to Adjust Cookie Settings Based on Your Browser

Cookie management settings depend on the User’s browser.

For example, the User can oppose the storage of Cookies by configuring their browser as follows:

For Internet Explorer:
– Go to Tools > Internet Options.
– Click on the Privacy tab, and under Settings, select Advanced.
– Choose to allow, block, or be prompted for both first-party and third-party cookies.
For more details:
https://support.microsoft.com/fr-fr/windows/supprimer-et-g%C3%A9rer-les-cookies-168dab11-0753-043d-7c16-ede5947fc64d

For Firefox:
– At the top of the Firefox window, click the shield icon on the left in the address bar.
– Select Protection Settings.
– Choose the desired tracking protection setting.
For more details:
https://support.mozilla.org/fr/kb/empecher-sites-web-stocker-cookies-donnees-site-firefox

For Chrome:
– Click the wrench icon in the browser toolbar.
– Select Settings.
– Click on Advanced settings.
– In the “Privacy and security” section, click on “Cookies and other site data.”
– Choose the desired option.
For more details:
https://support.google.com/chrome/answer/95647?hl=fr&co=GENIE.Platform%3DDesktop

For Safari:
– Go to Settings, then Preferences.
– Click on the Privacy tab.
– In the “Block cookies” section, check the desired option.
For more details:
https://support.apple.com/fr-afri/guide/safari/sfri11471/16.0/mac/11.0

For Opera:
– Go to Settings > Preferences.
– Click on the Advanced tab and then on “Privacy & security.”
– In the “Cookies” section, select the desired option.
For more details:
http://help.opera.com/Windows/10.20/fr/cookies.html

ARTICLE 9. LIMITATION OF LIABILITY

Users access and use the Website and its Content at their own risk.

The Website and its Content are provided “as is” and “as available” without any warranty from the Company.

It is therefore the User’s responsibility to protect themselves against the hazards of the Internet, and to take all necessary measures to protect their own personal data and/or software stored on their computer or mobile device against possible viruses or any other type of threat.

Each User acknowledges and accepts the characteristics and limitations of the Internet network, including its functional features and technical performance; connection and/or access issues to the Internet or websites; availability and network congestion issues; network failure or saturation issues; delays in data transmission, access to online information, response times needed to display, view, submit a query, or transfer data in any other way; interruption risks; lack of protection of certain data against potential misuse or hacking; the risks of possible virus contamination circulating on the aforementioned networks, etc., for which the Company shall not be held liable.

The Company strives, within its possibilities, to ensure the accuracy and updating of the information disseminated on the Website, and reserves the right to correct the Content at any time without notice.

The Company’s liability shall not be engaged:

– In the event of interruption, loss, delay, or error during data transmission, which is beyond the Company’s control;
– In the event of sending messages and/or data to an incorrect or incomplete address;
– If the Company does not receive data, for whatever reason, or if the data it receives is unreadable or impossible to process;
– If the User, for any reason, cannot access or use the Website and/or its Content;
– In the event of a connection interruption for any reason;
– In the event of malfunctions attributable to software, whether or not such software is incorporated in or provided with the Website;
– In the event of misuse of the Device and/or an incident related to the use of the Device when accessing the Website.

Under no circumstances shall the Company be held liable for any direct or indirect damages or losses of any kind arising from any use of the Website and/or its Content by the Users.

ARTICLE 10. HYPERLINKS TO THE WEBSITE

Websites containing a hyperlink pointing to the Website are not under the Company’s control; therefore, the Company disclaims any responsibility (including editorial responsibility) concerning those sites. To understand the practices of these third-party sites, the User is advised to review their general terms and privacy policies.

The Website contains links to other sites. These websites are published and managed by third parties, and since the Company has no control over the content published on these sites, the User agrees not to initiate any legal action regarding the content of these sites or their use against the Company.

Furthermore, the existence of a link between the Website and a third-party site does not mean that the Company approves the content of that website or, in particular, the use that might be made of it. These links are provided solely for the convenience of Users.

ARTICLE 11. INTELLECTUAL PROPERTY

Access to the Website grants Users a personal, non-exclusive right to use the Website and its Content.

All elements present on the Website and the Website itself are protected by copyright, trademark, design rights, and/or any other intellectual property rights.

By “elements,” it is understood, without limitation, to include: photographs, images, drawings, illustrations, texts, videos, logos, screensavers, wallpapers, trademarks, designs, software, etc.

These elements belong to the Company or are used with the consent of their owners.

Except for viewing or accessing the Website and/or its Content, no other right (license, title, etc.) is granted to anyone with regard to intellectual property rights.

Any reproduction, representation, use, adaptation, modification, incorporation, translation, or partial or complete commercialization by any method and on any medium (paper, digital, etc.) is prohibited without the prior written consent of the Company, under penalty of constituting copyright infringement and/or infringement of design rights and/or trademark infringement, or unfair competition.

ARTICLE 12. FORCE MAJEURE

The Company makes no guarantee as to the uninterrupted operation and/or continuity of the Website in the event of force majeure or fortuitous events as defined by current regulations and by the jurisprudence of French courts.

ARTICLE 13. SEVERABILITY OF PROVISIONS

If any provision of these GTU is declared null or void by any applicable legislative or regulatory provision and/or a court decision with binding authority, it shall be deemed unwritten, without affecting the validity of the other clauses, which shall remain fully applicable.

The parties shall negotiate in good faith a replacement clause that practically achieves the same result.

ARTICLE 14. GOVERNING LAW AND JURISDICTION

These General Terms of Use are governed by French law.

Subject to the public policy provisions applicable to judicial jurisdiction, the courts of the jurisdiction of the Paris Court of Appeal shall have exclusive competence to resolve any disputes arising from these GTU.