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WIN’UP SURGICAL (the «Company») offers a no-purchase online product presentation to users (the «Users») of the website www.winupsurgical.com (the «Website»). These Terms and Conditions of use (the «Terms of Use») are intended to define the terms and conditions under which the Company makes the Website (and its visible, not for online sale products) available to the Users, and the manner in which the User/s accesses the Website and uses its services.
Any connection to the Website is subject to compliance with these Terms and Conditions.
Please read these Terms and Conditions carefully. By completing the contact form on our Website, you agree to abide by these Terms of Use. If you do not agree to these Terms of Use, you must not complete the contact form on our Website or use its services. The registration and on the Website and its use imply full acceptance of these Terms of Use by the User. By clicking on the «send» button at the bottom of the contact form, the User acknowledges that they are fully informed and bound by all the articles of the Terms and Conditions.
This Website, accessible from the URL www.winupsurgical.com is published by WIN’UP SURGICAL SAS with a capital of 2,000€, whose head office is located at 374b Avenue de Limoges – 79000 – NIORT – FRANCE, registered under the number 823 925 466 with the Register of Commerce and Companies of Niort, the Intra-community VAT number is: FR 03 828 925 466.
The Company benefits from a professional liability insurance from ALLIANZ situated at 374 Avenue de Limoges – 79000 – NIORT – FRANCE, +33 (0) 5 49 24 82 00, covering the international market (excluding the United States and Canada), under the contract number 44681648.
Director of the publication of the Website : Gilles PIZOT
Conception and realization of the Website:
Manuel BALLAND
Hosting:
OVH – SAS with a capital of 10,069,020€
RCS Lille Métropole 424 761 419 00045 – APE Code 26 20Z – VAT Number: FR 22 424 761 419
Registered Office: 2 rue Kellermann – 59100 – ROUBAIX – FRANCE
Customer relations contact information:
From France: +33 (0) 5 49 35 31 23 (cost of a local call from a landline).
Our advisors are at your disposal Monday to Friday from 9:00 to 12:00 and from 14:00 to 17:00.
Postal Address:
WIN’UP SURGICAL SAS
Customer Relations Service
374 b Avenue de Limoges
79000 NIORT
Email address: contact@winupsurgical.com
3.1: Access to the Website
The Company endeavors to provide access to the Website, 24 hours a day, 7 days a week, except in case of force majeure or an event beyond its control, and subject to any breakdowns or maintenance required for the functionality of the Website and its services.
Therefore, the Company cannot guarantee availability of the Website and/or its services, reliability of transmissions, and performance in terms of response time and quality. No technical assistance is provided to the User by electronic or telephone means. The Company is not responsible in case of impossibility to access the Website and/or use of the services.
In addition, the Company may interrupt the Website, or part of the services at any time and without prior notice, without any right to compensation. The User acknowledges and agrees that the Company cannot be held responsible for interruptions, and any consequences that may arise for the User or any third party.
The Company assures to use its best efforts to ensure the operation of its Website in the best conditions.
In any event, the Company cannot be held liable for any use of the Website by a User who does not comply with these terms, and particularly in the case of violation by the User of the stipulations of Article 1 and 3.2 below.
3.2: Terms of subscription of a contact form
It is possible to submit customer details on the Website exclusively: health establishment, manufacturers and health professionals.
In the event of a registration of a professional on the Website, he will be asked to provide the following information: First and last name, postal address, job title, email address, and telephone number/s.
The general structure of the Website as well as the texts, graphics, images, sounds and videos composing it, are the property of the Company.
It is specified that the creations relating to the general structure of the Site (the “Graphic Chart”) and the brands, logos, domain names, graphics, trailers, musical works, photographs, software applications, animations, texts, sales descriptions, and the elements, whether they are visual and / or audio coming from the Website (the “Contents”) are protected by the legislation on the intellectual property currently in force in France, and globally. The Company holds all the rights relating thereto.
Any representation and/or reproduction, and/or partial or total exploitation of the Graphic Chart and/or the Contents and services offered by the Website by any means whatsoever, without the prior written authorization of the Company is strictly prohibited and would be susceptible to constitute an infringement within the meaning of articles L 335-2, and following of the Code of the intellectual property and engages the criminal and civil liability of the User based on the counterfeit.
As such, and in accordance with the provisions of the Code of Intellectual Property, only the use of the Graphic Chart and Website Content for private use is authorized. For this purpose, Users are only allowed to represent the Site on the screen of their personal computer, print the pages of the Website for their personal use, and temporarily reproduce the files that constitute it in the cache memory of this computer, only to facilitate the consultation of the Website.
Subject to the provisions of the preceding paragraph, Users are not authorized to reproduce, represent, modify, translate and/or adapt, partially or totally, for a fee or free of charge, the Website and each of the elements that compose it, and reproduce and/or represent such translations, adaptations and modifications, in whole or in part, whether in return for payment or free of charge, without the prior written consent of the Company.
The brand “WIN’UP SURGICAL” is a trademark protected by the Company. Any representation, and/or reproduction, and/or partial or total exploitation of this mark, of any nature whatsoever, is totally prohibited.
The photographs and iconographies reproduced on the Site are the property of the Company which has acquired the economic rights.
The Website may contain hypertext links to other websites. Links to these other resources make you leave the Website.
The websites of third parties, their content and/or the documents accessible from the hypertext links published on the Website are the sole responsibility of their author(s) and cannot engage the responsibility of the Company.
Any hypertext link to the Website and particularly the use of techniques such as framing, deep-linking, in-line linking, or any other deep linking technique is strictly prohibited, except with the prior written consent of the Website’s Publishing Director.
The information and/or documents appearing on the Website and/or accessible through the Website come from sources considered to be reliable. However, this information and/or documents may contain technical inaccuracies and typographical errors. The Company reserves the right to correct them as soon as these errors are brought to its attention.
It is strongly recommended to check the accuracy and relevance of the information and/or documents made available on the Website.The information and/or documents available on the Website may be modified at any time, and may have been updated. They may have even been updated between the time of their download, and the moment when the User reads it.
The use of the information and/or documents available on the Website is under the sole and full responsibility of the User, who assumes all the consequences that may result from it, without the Company being able to be sought as such, and without appeal against the latter.The Company cannot be held liable for any damage whatsoever resulting from the interpretation or use of the information and/or documents available on the Website.
The Products presented on the Website are not extensive.The characteristics of the Products are not available on the Website and the photographs presented on the Website are not contractual and cannot bind the Company towards the Users.
There may be a difference in the perception of sizes, shapes and colors between the photographs displayed of the Products, due to the passage from one computer to another and this cannot engage the responsibility of the Company.
The Company reserves the right to modify, at any time and without notice, these Terms of Use in order to adapt them to changes on the Website and/or its operation.
The User declares to accept the characteristics and the limits of the Internet, and recognizes that the Company assumes no responsibility for the services accessible by the Internet and does not exercise any control in any form whatsoever, of the nature and the characteristics of the Internet data that could pass through its host.
The User acknowledges that the data circulating on the Internet is not protected particularly against potential diversions. The presence of the logo of the Company establishes a simple presumption of validity. The communication of any information deemed sensitive or confidential by the User is at his own risk.
The User acknowledges that data circulating on the Internet may be regulated in terms of use or protected by a right of ownership.
The User is solely responsible for the use of the data he consults, queries, and transfers on the Internet and more precisely, each User is solely responsible for the use he makes of the information provided from the Website and the Company cannot in any event be held liable for any direct or indirect damage resulting from the use of this information by the User.
The User acknowledges that the Company has no means of control over the content of the services accessible on the Internet.
The Website is reserved for the private use of each User.
In accordance with the Data Protection Act of January 6, 1978, the Company has made a simplified declaration and a commitment of compliance with said declaration to the CNIL.
The Company accepts not to disclose information provided by the Users on the Website to third parties, with the exception of any partners of the Company responsible for the execution, processing, management, and payment of orders made on the Website. This data is confidential. It will only be used to reinforce and personalize the communication notably by letters/electronic mails of information, as well as within the framework of the personalization of the Website according to the notable preferences of the Users, to which the Users will be able to oppose by sending an email to the following address: contact@winupsurgical.com
Each User may exercise his right of access to the file, and his right to rectify or delete information concerning him by sending his request (indicating e-mail address, surname, first name, postal address) to the following address:
Address:
WIN’UP SURGICAL SAS
Customer Relations Service
374 b, avenue de Limoges
79000 NIORT
Email address: contact@winupsurgical.com
In case of transfer of files in the event of a transfer of activity to a third party to which the User cannot in any case object, the Company shall inform the Users in advance.
The Website uses cookies, intended to store navigation information during the consultation. A cookie does not identify the User; on the other hand, it records information relating to the navigation of the computer on the Website (pages consulted, the date and time of the consultation, etc.) that can be read during subsequent visits.
The User may oppose the registration of “cookies” by configuring the settings of his browser in accordance with the documentation provided with the software.
The data transmitted by the User is collected and processed by the Company through the Website may be assigned or rented, free of charge or onerous, to third parties.
ALL DISPUTES TO WHICH MAY ARISE FROM THESE TERMS AND CONDITIONS OF USE, REGARDING THEIR VALIDITY, INTERPRETATION, ENFORCEMENT, TERMINATION, CONSEQUENCES AND ACTION, AND THAT COULD NOT BE SOLVED BETWEEN THE COMPANY AND THE USER WILL BE SUBMITTED TO THE COMPETENT COURTS UNDER THE TERMS OF COMMON LAW.
Given the global nature of the Internet, we inform you that you must comply with all applicable rules in the country where you reside.
COVID-19
During this current health crisis, Win'Up Surgical has changed its priorities in order to propose a range of face masks and protective medical equipment