Legal notice

Definitions

Customer: any professional or natural person with legal capacity within the meaning of Articles 1123 et seq. of the French Civil Code, or legal entity, who visits the Website covered by these general terms and conditions.

Services and Provisions: OPALYS LLC makes available to Customers:

Content: all elements constituting the information on the Website, including text, images and videos.

Customer information: hereinafter referred to as “Information”, meaning all personal data that may be held by Bentivana for the management of your account, customer relationship management, and analysis and statistical purposes.

Bentivana is the trading name of OPALYS LLC

User: an Internet user connecting to and using the aforementioned website.

Personal information: “Information which, in any form whatsoever, directly or indirectly, enables the identification of the natural persons to whom it applies” (Article 4 of French Law No. 78-17 of 6 January 1978).

The terms “personal data”, “data subject”, “processor” and “sensitive data” have the meanings defined in the General Data Protection Regulation (GDPR: No. 2016-679)

1. Presentation of the website.

Under Article 6 of French Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, users of the website bentivana.com are informed of the identity of the various parties involved in its creation and maintenance:

Website publisher
The website bentivana.com is published by OPALYS LLC

Legal form: LLC

Address: 30 N Gould St Ste N, Sheridan, WY, 82801-6317, US

Publication manager: OPALYS LLC — info@bentivana.com - +33 7 56 99 68 25

Hosting provider: Shopify International Limited (an Irish company and Shopify's main establishment for GDPR purposes) and its parent company Shopify Inc., 151 O'Connor Street, Ground Floor, Ottawa, Ontario, K2P 2L8, Canada — tel.: +1 888-746-7439.

2. General terms of use of the website and the services offered.

The Website is a work protected by the provisions of the French Intellectual Property Code and applicable international regulations. The Customer may not in any way reuse, transfer or exploit for their own account all or part of the Website's elements or works.

Use of the website bentivana.com implies full and unconditional acceptance of the general terms of use described below. These terms of use may be amended or supplemented at any time; users of the website bentivana.com are therefore invited to consult them regularly.

This website is normally accessible to users at all times. However, Bentivana may decide to interrupt access for technical maintenance and will endeavour to inform users in advance of the dates and times of the work. The website bentivana.com is updated regularly by OPALYS LLC, the publication manager. Likewise, the legal notice may be amended at any time: it nevertheless remains binding on the user, who is invited to refer to it as often as possible in order to remain informed.

3. Description of the services provided.

The purpose of the website bentivana.com is to provide information about all of Bentivana's activities. Bentivana endeavours to provide information on the website bentivana.com that is as accurate as possible. However, it cannot be held liable for omissions, inaccuracies or failures to update information, whether caused by itself or by third-party partners who provide it with this information.

All information on the website bentivana.com is provided for guidance and is subject to change. Furthermore, the information on the website bentivana.com is not exhaustive. It is provided subject to changes made since it was published online.

4. Contractual limitations concerning technical data.

The website uses JavaScript technology. The website cannot be held liable for material damage associated with its use. In addition, website users undertake to access the website using recent equipment that is free from viruses and an up-to-date, latest-generation browser. The website bentivana.com and the data may be hosted and processed on infrastructure located outside the European Union, particularly in Canada and the United States. These transfers are governed by the European Commission's adequacy decision concerning Canada and, where applicable, by the standard contractual clauses (SCCs) adopted by the European Commission, in accordance with the GDPR (No. 2016-679).

The aim is to provide a service that ensures the highest possible level of accessibility. The hosting provider ensures continuity of service 24 hours a day, every day of the year. It nevertheless reserves the right to interrupt the hosting service for the shortest possible periods, particularly for maintenance, improvements to its infrastructure, infrastructure failures or where the Services and Provisions generate traffic considered abnormal.

Bentivana and the hosting provider cannot be held liable in the event of a malfunction of the Internet network, telephone lines, or computer and telephony equipment, particularly due to network congestion preventing access to the server.

5. Intellectual property and infringement.

Bentivana holds the rights to use all elements accessible on the website, including text, images, graphics, logos, videos, icons and sounds. Any reproduction, representation, modification, publication or adaptation of all or part of the website's elements, by any means or process, is prohibited without prior written authorisation from Bentivana.

Any unauthorised exploitation of the website or any of its elements will be considered an infringement and prosecuted in accordance with Articles L.335-2 et seq. of the French Intellectual Property Code.

6. Limitations of liability.

Bentivana acts as the website publisher. Bentivana is responsible for the quality and accuracy of the content it publishes.

Bentivana cannot be held liable for direct or indirect damage caused to the user's equipment when accessing the website bentivana.com, resulting either from the use of equipment that does not meet the specifications stated in section 4, or from the occurrence of a bug or incompatibility.

Bentivana also cannot be held liable for indirect damage (such as loss of business or loss of opportunity) arising from use of the website bentivana.com. Interactive areas (the ability to ask questions in the contact area) are available to users. Bentivana reserves the right to remove, without prior formal notice, any content posted in this area that contravenes legislation applicable in France, particularly provisions relating to data protection. Where applicable, Bentivana also reserves the right to hold the user civilly and/or criminally liable, particularly for racist, abusive, defamatory or pornographic messages, regardless of the medium used (text, photographs, etc.).

Personal data and cookies

The processing of your personal data and the use of cookies are described in detail in our privacy policy, which is accessible on the website at any time. The data controller is OPALYS LLC (Bentivana), which can be contacted at info@bentivana.com.

10. Governing law and jurisdiction.

Any dispute relating to use of the website bentivana.com is governed by French law. The French courts have jurisdiction, without prejudice to the consumer's right to bring proceedings, at their choice, before the courts of their place of residence.