In the present legal notice, the following words and expressions are defined as follows:
- website: the present Website which can be accessed at the address www.mercurart.com corresponding to the domain owned by HEPHAISTOS - Mercur@rt.
- visitor: physical person who connects to the website and views the pages.
- content: all information that can be viewed on the website by a visitor.
- page: this is a computerised document that is often referred to as a “Web page”, containing a part of the content of the website that can be viewed, thanks to a software programme known as a Web browser. The Web page (made up of several files) is a unit of the World Wide Web. It can include text, images, contact forms or any other multimedia and interactive elements.
- URL: Uniform Ressource Locator, corresponds to the Web address of a page: displayed in the address bar of your Web browser.
- Personal information: “information that allows a physical person to be identified in any way, directly or indirectly” (article 4 of law n° 78-17 of the 6th January 1978).
Presentation of the website
Pursuant to article 6 of law n° 2004-575 of 21st June 2004 with regards Confidence in the Digital Economy, users of the website are provided with the names of the various people involved in the creation and monitoring of the website:
- Owner: HEPHAISTOS S.A.S – 124 route du Ranchet, quartier Le Puy - 07200 MERCUER - registered with the Aubenas Trade and Companies register under the number 519 139 281.
- General manager: Jean-Claude MILLET
- Publication manager: Jean-Claude MILLET <firstname.lastname@example.org>
- Webmaster: KAPT, KAPT SAS – 1, rue Marc SEGUIN - 26300 ALIXAN - registered with the Romans-sur-Isère Trade and Companies register under the number 508 334 885.
- Host: Alwaysdata, ALWAYSDATA - 62, rue Tiquetonne - 75002 Paris - registered with the Paris Trade and Companies register under the number 492 893 490.
Intellectual property and fraud
HEPHAISTOS - Mercur@rt is the owner of the intellectual property rights or copyrights for all elements that can be accessed on the website, namely the text, images, graphics, logos, icons, sounds, software programmes, with the exception of elements mentioned in the Credits page.
Any reproduction, representation, modification, publication or adaptation of all or a part of the elements featured on the website, by whatever means, is forbidden, unless prior written authorisation has been issued by HEPHAISTOS - Mercur@rt.
Any unauthorised use of the website or any of the elements it contains shall be considered as fraud and subject to legal proceedings in accordance with the provisions of articles L.335-2 and the following of the Intellectual Property Code.
Limitations of liability
HEPHAISTOS - Mercur@rt cannot be held liable for any direct or indirect damages caused to the visitor’s own equipment while accessing the website, resulting either from the use of material that does not comply with the specifications provided in section “Contractual limitations regarding technical data”, or due to a technical fault or incompatibility.
HEPHAISTOS - Mercur@rt cannot be held liable for indirect damages arising from use of the website.
HEPHAISTOS - Mercur@rt shall endeavour to provide users with information and/or tools that are available and have been verified, but cannot be held liable for any errors or unavailability of certain features of the website. HEPHAISTOS - Mercur@rt shall endeavour to provide information that is up-to-date, as long as the service providers provide such information when annual updates are requested.
Managing personal data
In France, personal data is protected by the Data Protection Act n° 78-87 of the 6th January 1978, law n° 2004-801 of the 6th August 2004, article L. 226-13 of the Penal Code, the European Directive of the 24th October 1995 and EU regulation 2016/679 of the European Parliament and Council of the 27th April 2016.
When using the website, the following data can be collected: the URL of intermediate links used by the visitor to access the website, the user’s service provider, the user’s Internet Protocol (IP) address and the consultation area.
In any event, HEPHAISTOS - Mercur@rt only collects visitor’s personal data if it is required for certain services offered by the website. The visitor knowingly provides this information, especially when the information is entered by the visitor himself. The visitor is informed of the obligation or not to provide this information.
In accordance with the provisions of articles 38 and the following of the Data Protection Act 78-17 of the 6th January 1978, all visitors have the right to access, modify and oppose their own personal data, by sending a written and signed request to do so, accompanied by proof of identity with signature of the holder, and specifying the address to which the response should be sent.
No personal data concerning a visitor to the website is published, exchanged, transferred, or sold to a third party, on any support whatsoever, without the user’s knowledge. Only the purchase of HEPHAISTOS - Mercur@rt and its rights would allow for the transmission of said information to the purchaser in question, who will then be subject to the same obligations with regards the conservation and modification of the website user’s personal data.
Applicable law and jurisdiction
Any dispute related to the use of the website is subject to French law. All litigation shall come under the exclusive jurisdiction of the Tribunal de Commerce of Romans-sur-Isère.
Data Protection Act n° 78-87 of the 6th January 1978, modified by act n° 2004-801 of the 6th August 2004.
Law n° 2004-575 of the 21st June 2004 with regards Confidence in the Digital Economy.