1. Website presentation
Pursuant to Article 6 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, users of the www.benkei.eu website are informed of the identity of the various parties involved in its creation and monitoring:
Owner: Benkei – Le Capitole, 97 cours Gambetta, 69003 Lyon
Creator: comete.com
Person responsible for content publication: Luc Ragon.
The person responsible for content publication is a natural person or a legal entity.
Webmaster: comete.com – contact@comete.com
Website host: OVH – 2 rue Kellermann – 59100 Roubaix – France
2. General terms of use of the website and services offered
Use of the www.benkei.eu website implies full acceptance of the general conditions of use set out below. These conditions of use may be amended or supplemented at any time, and users of the www.benkei.eu website are therefore advised to consult them regularly.
This site is normally accessible to users at all times. Benkei may, however, decide to interrupt the site for technical maintenance purposes, in which case it will endeavour to inform users of the dates and times of the intervention in advance.
The www.benkei.eu website is updated regularly. Similarly, the legal notices may be modified at any time: they are nevertheless binding on the user, who is invited to refer to them as often as possible in order to read them.
3. Description of services provided
The purpose of the www.benkei.eu website is to provide information concerning all of the company’s activities.
Benkei endeavours to provide information on the www.benkei.eu website that is as accurate as possible. However, Benkei cannot be held responsible for any omissions, inaccuracies or failures to update the information, whether caused by Benkei or by third-party partners providing the information.
All information provided on the www.benkei.eu website is given for information purposes only and is subject to change. Furthermore, the information on the www.benkei.eu website is not exhaustive. It is given subject to modifications having been made since it was put on line.
4. Contractual limitations on technical data
The website uses JavaScript technology.
The website cannot be held responsible for any material damage linked to the use of the site. In addition, users of the site commit to access the site using recent, virus-free equipment and with an up-to-date, latest-generation browser.
5. Intellectual property and counterfeiting
Benkei is the owner of the intellectual property rights or holds the rights of use on all the elements accessible on the site, in particular the texts, images, graphics, logos, icons, sounds and software.
Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, whatever the means or the process used, is forbidden, except with the prior written authorization of : Benkei.
Any unauthorized use of the site or of any of the elements it contains will be considered as constituting an infringement and will be prosecuted in accordance with the provisions of articles L.335-2 et seq. of the French Intellectual Property Code.
6. Limitation of liability
Benkei may not be held liable for direct or indirect damage caused to the user’s equipment when accessing the www.benkei.eu site, 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 incompatibility.
Benkei may also not be held liable for indirect damage (such as loss of market or loss of opportunity) resulting from the use of the www.benkei.eu website.
Interactive website sections (possibility to ask questions in the contact section) are available to users. Benkei reserves the right to delete, without prior notice, any content posted in this area that contravenes the legislation applicable in France, in particular the provisions relating to data protection. Where applicable, Benkei also reserves the right to hold the user civilly and/or criminally liable, particularly in the event of messages of a racist, insulting, defamatory or pornographic nature, whatever the medium used (text, photographs, etc.).
7. Management of personal data
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 Criminal Code and the European Directive of 24 October 1995.
When using the www.benkei.eu site, the following information may be collected: the URL of the links through which the user accessed the www.benkei.eu site, the user’s access provider, the user’s Internet protocol (IP) address.
Benkei only collects personal information relating to the user for the purposes of certain services offered by the www.benkei.eu website. Users provide this information with full knowledge of the facts, particularly when they enter it themselves. Users of the www.benkei.eu website are then informed whether or not they are required to provide this information.
In accordance with the provisions of Articles 38 et seq. of Law 78-17 of 6 January 1978 on Data Processing, Data Files and Individual Liberties, all users have the right to access, rectify and object to any personal data concerning them, by making a written and signed request, accompanied by a copy of the identity document bearing the signature of the holder of the document, and specifying the address to which the reply is to be sent.
No personal information of the user of the www.benkei.eu site is published without the user’s knowledge, exchanged, transferred or sold on any medium whatsoever to third parties. Only the assumption of the repurchase of Benkei and its rights would allow the transmission of the aforementioned information to the possible purchaser who would be in turn held of the same obligation of conservation and modification of the data with respect to the user of the www.benkei.eu site.
The site has not been declared to the CNIL as it does not collect personal information.
Databases are protected by the provisions of the Law of 1 July 1998 transposing Directive 96/9 of 11 March 1996 on the legal protection of databases.
8. Hypertext links and cookies
The www.benkei.eu site contains a number of hypertext links to other sites, set up with the authorization of Benkei. However, Benkei is not in a position to check the content of sites visited this way, and consequently takes no liability in this respect.
Browsing the www.benkei.eu website may result in the installation of cookie(s) on the user’s computer. A cookie is a small file which does not allow the user to be identified, but which records information relating to the browsing of a computer on a site. The data obtained in this way is intended to facilitate subsequent browsing of the site and is also used to measure visitor numbers.
Refusal to install a cookie may make it impossible to access certain services. However, users can configure their computer as follows to refuse the installation of cookies:
In Internet Explorer: Tools tab (wheel-shaped icon at the top right) / Internet options. Click on Confidentiality and choose Block all cookies. Confirm with 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 personalized settings for history. Finally, uncheck it to deactivate cookies.
In Safari: Click on the menu icon (symbolized by a cog) in the top right-hand corner of the browser. Select Settings. Click on Show advanced settings. In the “Confidentiality” 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) in the top right-hand corner of the browser. Select Settings. Click on Show advanced settings. In the “Confidentiality” section, click on preferences. In the “Confidentiality” tab, you can block cookies.
9. Applicable law and jurisdiction
Any dispute relating to the use of the www.benkei.eu website is subject to French law. The competent courts of Paris have exclusive jurisdiction.
10. The main laws concerned
Law no. 78-87 of 6 January 1978, as amended by Law no. 2004-801 of 6 August 2004 on data processing, data files and individual liberties.
Law no. 2004-575 of 21 June 2004 on confidence in the digital economy.
11. Glossary
User: Internet user connecting to and using the above-mentioned site.
Personal information: “information which enables, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom it applies” (article 4 of law no. 78-17 of 6 January 1978).