1. Purpose

LBDC Organisation (hereinafter “Les Bornées” or “the Publisher”), a simplified joint stock company registered with the Nanterre Trade and Companies Registry under registration number 839 338 514 and headquartered at Jardinerie Coworking, 5 rue de l’Industrie, 74000 Annecy, France, publishes and manages the https://lesbornees.com website (hereinafter “the Site”).

These General Terms and Conditions of Use (hereinafter referred to as the “GTCU”) define and govern the terms and conditions for accessing and browsing the Site and determine the respective rights and obligations of any person using the Site (hereinafter referred to as the “User”) and of the Publisher in connection with the use of the Site.

The Site is accessible:
– Via the Internet at https://lesbornees.com;

By browsing and/or creating an account on the Site, the User undertakes to comply with these GCU, which are directly applicable to him/her for the duration of use of the Site.

2. Conditions of access to the Site

The User may choose to browse the Site :

• – without creating a user account;
• – or by creating a user account in order to place Orders and have access to Les Bornées Services and Products.

2.1. Enregistrement sur le Site

To create an account on the Site, the User can enter his e-mail address to receive a password.

The User then receives an e-mail confirming the creation of his User account, with an automatically generated password.

You can change your password by clicking on the link provided.

2.2. Conditions liées à l’Utilisateur

Access to the Site’s functionalities is reserved for persons of legal age, i.e. at least 18 years of age. If a minor wishes to register on the Site, his or her legal guardian(s) must supervise the minor’s use of the Site.

The Publisher reserves the right to request proof of age, particularly if you use online ordering services.

3. Site content

The Site allows you to subscribe to various subscriptions and packages offering access to Les Bornées training programs, events and experiences (hereinafter referred to as “Services”).

LBDC Organisation is a sports event organization agency that works with the LES BORNEES association to create sports experiences.

Users may order Les Bornées products (hereinafter the “Products”).

These Les Bornées products are :

• – Gift cards with a minimum value of five (5) euros;
• – Long-sleeved jerseys;
• – Short-sleeved jerseys;
• – Shorts;
• – Trifunctions;
• – Accessories.

A full description of these Products is available on the Website.
The purchase of Products and Services is subject to the conditions stipulated in the General Terms and Conditions of Sale (hereinafter “GTCS”).

4. Site management

For the proper management of the Site, the Publisher may at any time :

• – Suspend, interrupt or limit access to all or part of the Site;
• – Delete any information that could disrupt its operation or contravene national and international laws;
• – Suspend the Site in order to carry out updates.

5. Rights and obligations of the User

Accessibility: The User may use the Service twenty-four hours a day, seven days a week, (24 hours a day, 7 days a week) including Sundays and public holidays, except during periods of maintenance decided by Les Bornées. Les Bornées does not guarantee the permanent and continuous availability of the Site.

Registration: The User undertakes to provide accurate, complete and up-to-date information. The User undertakes to rectify any inaccurate data. Les Bornées shall not be held liable in the event of damage or defects due to incorrect information provided by the User.

Unauthorized use of account: The User undertakes to immediately notify Les Bornées of any unauthorized use of his/her login, password and account by contacting dedicated support at support@lesbornees.com.

The User is solely responsible for maintaining the confidentiality of his/her personal account access codes. Les Bornées declines all responsibility in the event of use of the Site by a person other than the User or a person authorized by the User, who has access to the User’s login and password. Therefore, any action carried out from the User’s account will be deemed to have been carried out by the User and may incur the User’s liability. The User shall be liable for any loss, damage or expense incurred by Les Bornées or by a third party in the event of use of his/her account by a third party.

If the User has any connection whatsoever with the fraudulent use of a User account, the User’s account will be deleted.

Prohibited use : The User must not use his or her account in any way that is illegal or prohibited by these GCU. The User is prohibited from:

• – Multiple accounts;
• – Post degrading, offensive or defamatory comments on Les Bornées Products and Services and on social media in general;
• – Usurp the identity of another person or entity in a manner that misleads or is intended to mislead, confuse or deceive others;
• – Fraudulently accessing or remaining on the Site, hindering or altering the operation of the Site, in particular by introducing viruses or any other program likely to cause damage and/or undermine the Site’s data;
• – Use the Site for illicit, illegal, malicious or discriminatory purposes;
• – Collect information about other Users, or harm other Users, directly or indirectly.

Deletion: The User may delete his account by contacting the support department at the following address: support@lesbornees.com

6. Responsibility of Les Bornées

Principle: Les Bornées shall not be liable for any loss, damage, accident, liability or expense arising from the User’s negligence or breach of the GCU, or from any third party.

Les Bornées shall not be held liable for any interruption of access to the Site and the consequences thereof for the User.

Limitation of liability: Les Bornées cannot be held liable in the event of :

• (i) failure by the User to provide a valid e-mail address ;
• (ii) improper or illicit use of the Site by the User;
• (iii) inaccuracy of information on the Site originating from third parties or from links to other Internet sites.
• (iv) accident, physical or material damage during meetings between members or participants. Every person taking part in an event is required to have up-to-the-minute third-party insurance, and we strongly recommend that you also take out complementary insurance for your practice, either through a club license, or via a complementary insurance policy as offered in our store.

Les Bornées makes no warranties of any kind, express or implied, including, but not limited to, warranties as to the integrity, accuracy, timeliness, non-infringement, availability, reliability or completeness of the information, Products or Services appearing on the Site, or their suitability for the User’s intended use.

Any claim filed by a User against the Publisher must be made within 6 months of the occurrence of the event that is the subject of the claim.

7. Hyperlinks

Les Bornées ensures that the Site does not contain any hypertext links providing direct or indirect access to sites or pages of sites with illegal content, and will take all necessary steps to remove such links without delay. However, Les Bornées cannot be held liable beyond this obligation.

8. Processing of personal data and cookies

When using the Site and creating a personal account, Les Bornées may collect, receive, access and process personal data. In this respect, Les Bornées is a data controller within the meaning of the French Data Protection Act.

To find out more about Les Bornées’ practices regarding the collection, use and communication of personal data, as well as the provisions relating to the exercise of rights, Users are invited to consult the Privacy Policy and the Cookies Policy.

If you have any questions, please contact Les Bornées by e-mail: donneespersonnelles@lesbornees.com.

9. Intellectual property

All trademarks, photographs, texts, comments, illustrations, images (animated or not), video sequences, sounds, contractual documents, editorial and informative text as well as all computer applications that may be used to operate the Les Bornées site and, more generally, all elements reproduced or used on the site are protected by current intellectual property laws.

They are the full, entire and exclusive property of Les Bornées or its partners.

Les Bornées grants the User a simple, personal, non-transferable, non-exclusive right to use the Site for his or her own needs only. The User is not authorized to reproduce, represent, modify, translate and/or adapt, in whole or in part, whether in exchange for payment or free of charge, the Site and each of its components, nor to reproduce and/or represent such translations, adaptations and modifications, whether in whole or in part, whether in exchange for payment or free of charge, without the prior written consent of Les Bornées.

The fact that the Publisher does not initiate proceedings as soon as it becomes aware of such unauthorized use does not imply acceptance of said use and waiver of prosecution.

10. General

Modifications: The Publisher reserves the right to modify and update the General Terms of Use without prior notice. In order to be informed of any such modifications, Les Bornées advises the User to reread the GCU on a regular basis. Use of the Site will be subject to the GTCU in force at the time of use.

Invalidity: If one or more stipulations of these GCU are held to be invalid or declared as such in application of a law, regulation or following a final decision of a competent court, the other stipulations will retain their full force and scope.

11. Applicable law and jurisdiction

Applicable law: These GCU, as well as any dispute concerning their formation, execution and interpretation, are governed by French law.

Prior conciliation: In the event of a complaint, claim, dispute or disagreement, the User may contact support@lesbornees.com. The User and Les Bornées will endeavor to

In the absence of agreement or in the event of failure to find an amicable solution to the complaint, claim, dispute or disagreement within a reasonable period of time, THE LITIGATION WILL BE SUBMITTED TO THE COMPETENT COURTS OF ANNECY.

ANNECY.
Version dated August 28, 2024.