Terms of service
Last Update Date: 23/10/2021
1. Definitions
In these General Terms of Use, the following terms starting with a capital letter shall mean:
- **ToU**: Abbreviation for "Terms of Use," applicable to anyone using the Site.
- **ToS**: Abbreviation for "Terms of Service," applicable to anyone placing an order on this Site.
- **Client**: An individual or legal entity placing an order on this Site, following the ToS available on the Site at https://www.musubrand.com, and these ToU. For individual Clients, they must guarantee that they are of legal age, i.e., 18 years or older, and have the capacity to contract.
- **Bearer**: An individual for whom the Product(s) is/are ordered. The Bearer and the Client are typically the same person. When the Bearer is not the Client, the Client is deemed to place the order for the Bearer from their Client account and assumes all responsibilities in accordance with the ToS and ToU.
- **Product**: A product offered and distributed by MUSU, specifically sunglasses under the MUSU brand.
- **Customer Service**: A service provided to Clients and Users of the Site to address their inquiries. The contact information and operating hours for Customer Service are indicated on the Site.
- **Site**: In the context of these ToU, the Site is developed by Webflow and accessible at the address https://webflow.com/.
- **User**: Any person who accesses the Site or is a Client. The User is subject to these General Terms of Use and agrees to abide by them.
**3. Purpose**
These General Terms of Use (hereinafter referred to as "ToU") aim to define the terms and conditions under which the User commits to using the Site and the various functionalities offered therein.
**4. Application of ToU:**
Only these ToU are applicable to Users of the Site. Furthermore, the applicable ToU are those in force on the date of use of the Site by the User.
The User declares that they have read and accepted the ToU applicable at the time of using the Site, especially before placing an order, without reservation. A downloadable version of the ToU is available at the end of these ToU, and it is the User's responsibility to download the current version and keep it as of the date of site consultation.
These ToU may be modified at any time by MUSU, without its liability being incurred in this regard. Therefore, every User is invited to consult them regularly. In this regard, the User can find out the date of the last update at the beginning of the ToU.
The nullity of one of the clauses in these ToU is not capable of canceling the ToU themselves.
**5. Entering Information**
To place an order, the User does not need to create an account.
The User undertakes to ensure that the provided contact details and identification data are accurate. It is the User's responsibility to keep this information up to date and to update it in case of any changes. The User is solely responsible for any consequences resulting from errors or the lack of updating their data.
The User is informed that all actions recorded on the Site and MUSU's servers based on the information provided are attributed to them automatically under these ToU, with all legal consequences.
**6. Personal Data and Cookies**
The User must verify the accuracy, truthfulness, and timeliness of the information and data they provide to MUSU when placing an order. They are solely responsible for complying with these requirements.
In accordance with the regulations concerning personal data protection and recommended best practices in this regard, MUSU has drafted a "Personal Data and Cookies Policy" that specifically addresses these aspects.
The User is invited to consult it by clicking on the following link: https://www.musubrand.com/privacy-policy.
**7. Social Networks:**
Regarding comments and reviews left on social networks (Facebook, Instagram, etc.) by Users about MUSU's Products or Site, MUSU indicates that it has no control over such data and the networks provided by third parties. Consequently, MUSU disclaims all responsibility in this matter.
**8. Liability - Limits - Exclusions**
MUSU provides no warranty and disclaims all liability in case of inability to access the Site or difficulties related to its use, due to technical problems or for any other reason. MUSU will ensure that these technical problems are resolved as soon as possible, but the Client cannot claim damages and, therefore, cannot claim any compensation.
MUSU makes its best efforts to ensure that the photos of sunglasses presented and the information provided are an exact representation of the Products. However, the Client is informed and accepts that depending on the computer tools or digital processes they use to view these photos, slight variations in shade or shape may appear.
The Client acknowledges that the technical descriptive information of the Products published on the Site is provided by the suppliers from whom MUSU sources its products.
THE USER IS SOLELY RESPONSIBLE FOR ALL ACTIONS AND DATA THAT THEY COMMUNICATE AND/OR MANAGE FROM THE SITE, AS WELL AS FOR ANY CONSEQUENCES THAT MAY ARISE, REGARDLESS OF THE HARM SUFFERED.
MUSU has the right at any time and at its discretion to delete, modify, or add content to the Site, and its liability cannot be incurred in this regard.
**9. Evidence Agreement**
It is expressly agreed between the User and MUSU that the operations and data, including order-related data, dates affixed by the Site's servers, which are recorded and/or automatically generated by the Site's information system, will be admissible and binding between the User and MUSU, even in the event of a dispute, and will constitute evidence of all operations carried out by the User on the Site.
In this regard, the User acknowledges the probative force of the operations and data recorded and/or generated by the Site's information system.
**10. Final Provisions**
**10.1. Intellectual Property**
No mention or use of distinctive signs, trademarks, trade names, acronyms, logos, designs, photos, or videos appearing on the Site may be made without prior written consent from MUSU. Any reproduction or use not previously and expressly authorized by written correspondence constitutes copyright infringement and is subject to criminal prosecution.
The concept, content, layout, structure, source code, programming, images, photos, animations, audiovisual works, texts, music, data, and all other elements of the Site are the property of MUSU.
Therefore, these elements are protected by intellectual property rights (including copyright, trademarks, etc.). The User acknowledges and accepts that they do not acquire any rights of any kind by visiting the Site and agrees not to infringe on these rights.
**10.2. Subcontracting and Assignment**
MUSU is free to subcontract all or part of the Site.
MUSU can freely, at any time and in any form, assign or transfer the services offered by the Site to any person of its choice without its liability being incurred. The User hereby accepts such assignment or transfer in advance.
**10.3. Applicable Law**
The contractual relations between the User and MUSU are exclusively subject to French law, regardless of where the User accesses the Site.
**10.4. Jurisdiction**
In the event of
a dispute, the User is encouraged to first resort to a consumer mediator: https://www.alpesmaritimes-mediation.fr.
Any dispute related to the application, execution, or interpretation of the contract or the consultation of the Site will be, by express agreement, brought before the competent court within the jurisdiction of the Court of Appeal of Aix, including in cases of summary proceedings, multiple defendants, and warranty claims. This is an exclusive jurisdiction.
1. Definitions
In these General Terms of Use, the following terms starting with a capital letter shall mean:
- **ToU**: Abbreviation for "Terms of Use," applicable to anyone using the Site.
- **ToS**: Abbreviation for "Terms of Service," applicable to anyone placing an order on this Site.
- **Client**: An individual or legal entity placing an order on this Site, following the ToS available on the Site at https://www.musubrand.com, and these ToU. For individual Clients, they must guarantee that they are of legal age, i.e., 18 years or older, and have the capacity to contract.
- **Bearer**: An individual for whom the Product(s) is/are ordered. The Bearer and the Client are typically the same person. When the Bearer is not the Client, the Client is deemed to place the order for the Bearer from their Client account and assumes all responsibilities in accordance with the ToS and ToU.
- **Product**: A product offered and distributed by MUSU, specifically sunglasses under the MUSU brand.
- **Customer Service**: A service provided to Clients and Users of the Site to address their inquiries. The contact information and operating hours for Customer Service are indicated on the Site.
- **Site**: In the context of these ToU, the Site is developed by Webflow and accessible at the address https://webflow.com/.
- **User**: Any person who accesses the Site or is a Client. The User is subject to these General Terms of Use and agrees to abide by them.
**3. Purpose**
These General Terms of Use (hereinafter referred to as "ToU") aim to define the terms and conditions under which the User commits to using the Site and the various functionalities offered therein.
**4. Application of ToU:**
Only these ToU are applicable to Users of the Site. Furthermore, the applicable ToU are those in force on the date of use of the Site by the User.
The User declares that they have read and accepted the ToU applicable at the time of using the Site, especially before placing an order, without reservation. A downloadable version of the ToU is available at the end of these ToU, and it is the User's responsibility to download the current version and keep it as of the date of site consultation.
These ToU may be modified at any time by MUSU, without its liability being incurred in this regard. Therefore, every User is invited to consult them regularly. In this regard, the User can find out the date of the last update at the beginning of the ToU.
The nullity of one of the clauses in these ToU is not capable of canceling the ToU themselves.
**5. Entering Information**
To place an order, the User does not need to create an account.
The User undertakes to ensure that the provided contact details and identification data are accurate. It is the User's responsibility to keep this information up to date and to update it in case of any changes. The User is solely responsible for any consequences resulting from errors or the lack of updating their data.
The User is informed that all actions recorded on the Site and MUSU's servers based on the information provided are attributed to them automatically under these ToU, with all legal consequences.
**6. Personal Data and Cookies**
The User must verify the accuracy, truthfulness, and timeliness of the information and data they provide to MUSU when placing an order. They are solely responsible for complying with these requirements.
In accordance with the regulations concerning personal data protection and recommended best practices in this regard, MUSU has drafted a "Personal Data and Cookies Policy" that specifically addresses these aspects.
The User is invited to consult it by clicking on the following link: https://www.musubrand.com/privacy-policy.
**7. Social Networks:**
Regarding comments and reviews left on social networks (Facebook, Instagram, etc.) by Users about MUSU's Products or Site, MUSU indicates that it has no control over such data and the networks provided by third parties. Consequently, MUSU disclaims all responsibility in this matter.
**8. Liability - Limits - Exclusions**
MUSU provides no warranty and disclaims all liability in case of inability to access the Site or difficulties related to its use, due to technical problems or for any other reason. MUSU will ensure that these technical problems are resolved as soon as possible, but the Client cannot claim damages and, therefore, cannot claim any compensation.
MUSU makes its best efforts to ensure that the photos of sunglasses presented and the information provided are an exact representation of the Products. However, the Client is informed and accepts that depending on the computer tools or digital processes they use to view these photos, slight variations in shade or shape may appear.
The Client acknowledges that the technical descriptive information of the Products published on the Site is provided by the suppliers from whom MUSU sources its products.
THE USER IS SOLELY RESPONSIBLE FOR ALL ACTIONS AND DATA THAT THEY COMMUNICATE AND/OR MANAGE FROM THE SITE, AS WELL AS FOR ANY CONSEQUENCES THAT MAY ARISE, REGARDLESS OF THE HARM SUFFERED.
MUSU has the right at any time and at its discretion to delete, modify, or add content to the Site, and its liability cannot be incurred in this regard.
**9. Evidence Agreement**
It is expressly agreed between the User and MUSU that the operations and data, including order-related data, dates affixed by the Site's servers, which are recorded and/or automatically generated by the Site's information system, will be admissible and binding between the User and MUSU, even in the event of a dispute, and will constitute evidence of all operations carried out by the User on the Site.
In this regard, the User acknowledges the probative force of the operations and data recorded and/or generated by the Site's information system.
**10. Final Provisions**
**10.1. Intellectual Property**
No mention or use of distinctive signs, trademarks, trade names, acronyms, logos, designs, photos, or videos appearing on the Site may be made without prior written consent from MUSU. Any reproduction or use not previously and expressly authorized by written correspondence constitutes copyright infringement and is subject to criminal prosecution.
The concept, content, layout, structure, source code, programming, images, photos, animations, audiovisual works, texts, music, data, and all other elements of the Site are the property of MUSU.
Therefore, these elements are protected by intellectual property rights (including copyright, trademarks, etc.). The User acknowledges and accepts that they do not acquire any rights of any kind by visiting the Site and agrees not to infringe on these rights.
**10.2. Subcontracting and Assignment**
MUSU is free to subcontract all or part of the Site.
MUSU can freely, at any time and in any form, assign or transfer the services offered by the Site to any person of its choice without its liability being incurred. The User hereby accepts such assignment or transfer in advance.
**10.3. Applicable Law**
The contractual relations between the User and MUSU are exclusively subject to French law, regardless of where the User accesses the Site.
**10.4. Jurisdiction**
In the event of
a dispute, the User is encouraged to first resort to a consumer mediator: https://www.alpesmaritimes-mediation.fr.
Any dispute related to the application, execution, or interpretation of the contract or the consultation of the Site will be, by express agreement, brought before the competent court within the jurisdiction of the Court of Appeal of Aix, including in cases of summary proceedings, multiple defendants, and warranty claims. This is an exclusive jurisdiction.