1. Legal notices
The https://www.ush-tools.com web site is published by USH Germany GmbH, with a capital of 25 000€. registered at the Commercial register of the district court of Siegen under the number HRB 10176 and with its registered offices at,
USH Germany GmbH
Glück – auf – Str 36
Director of publication: M. François DEFOUGERES, General Manager.
This site was developed by Publigo, 35 rue de Bordes 71500 LOUHANS.
The site is hosted by OVH, 2 rue Kellermann BP 80157 59053 ROUBAIX Cedex 1.
This site is exempted from declarations to the French data privacy protection body (Commission Nationale de l’Informatique et des Libertés – CNIL) under decision n°2006-138 of May 9th 2006 deciding on the exemption from declarations for processing for informational or external communication purposes.
2. General terms and conditions of use
In this document, the following terms will have the following meanings:
‘Site’ or ‘service’: the web site https://www.ush-tools.com and all its pages.
‘Publisher’: USH, in charge of the site’s publishing and content.
‘User’: Internet users visiting the site and using its services.
Purpose of the site and definition of the parties
The purpose of this site is defined as being a “showcase web site”.
Access to the site is free of charge to all internet users. The acquisition of goods or services, the creation of a member area, or more generally browsing the site implies the acceptance by the internet user of these entire general terms and conditions, and by the same process, acknowledges having full knowledge of them. This acceptance by the internet user will consist in checking the checkbox corresponding to the sentence accepting these general terms and conditions stating, for example, “I hereby certify having read and accepted all the general terms and conditions of this site. “. The act of checking this checkbox will be considered to have the same value as the internet user’s hand-written signature. Internet users acknowledge the status as proof of this site’s publisher’s automatic recording systems and, unless able to give proof to the contrary, renounces to contest this in the event of a dispute. The acceptance of these general terms and conditions implies that the internet users have the required legal capacity to do so.
Users registered on the site (members) will be able to connect to it using their identifiers (email address defined when they registered and password), and by using systems such as third party connect buttons on social media. Users are fully liable for the protection of the passwords they choose. The use of complex passwords is encouraged. If a password is forgotten, members have the possibility of generating a new one. Passwords are the guarantee of the confidentiality of the data in the “my account” section and users therefore undertake not to transfer passwords or communicate them to third parties. Failing this, the site publisher cannot be held liable for unauthorised actions on users’ accounts.
The creation of a personal area is an essential first step prior to any purchase orders or contributions to this site by members. To this end, members will be invited to provide a certain number of personal details. Members undertake to supply accurate information.
The purpose of data collection is to create “member accounts”. If the data contained in the member account section were to be deleted due to a technical failure or a case of force majeure, the web site and its publisher cannot be held liable as this data does not constitute proof but only has an informational value. The member account pages can be printed by the account holders in question, but do not constitute proof, they are only used for information purposes to effectively manage the service or member contributions.
The publisher reserves the exclusive right to delete the accounts of any members who are in breach of these general terms and conditions (especially, but not limited to, the case of members deliberately providing incorrect details when registering and creating their personal areas) or accounts that have not been active for at least one year. This deletion will not be considered damaging to excluded members who will not be able to claim any compensation as a result. This exclusion does not exclude the option by the publisher of taking legal proceedings against members if the facts justify it.
Exemption of the publisher’s liability in the framework of the performance of this contract
If access to the site is impossible due to technical or any other reasons, users may not claim to have suffered damage and will not be entitled to compensation of any kind.
The hypertext links on this site may redirect to other web sites and the publisher of this site cannot be held liable if the content of those sites is in breach of applicable legislation. Similarly, the publisher of this site cannot be held liable if visiting this site or any of these other sites results in them suffering damage.
Intellectual property rights covering material published on this site
All the elements on this site are the property of the publisher or a third party agent, or are used by the publisher of this site with their owner’s permission. Any copies of logos, text content, images or videos, (but not limited to this list), are strictly prohibited and are considered to be an infringement. Any members guilty of infringement may have their accounts deleted without notice and without this deletion being considered damaging, without prejudice to any future legal proceedings taken against them at the initiative of the publisher of this site or its agents. This site uses elements (images, photographs, content) of which the credits belong to the private individuals or legal entities featured in the “Credits” section.
Limitation of liability
The publisher of this site is only bound by a duty of means. It cannot be held liable for damage resulting from the use of the Internet network such as loss of data, intrusion, viruses, interruption of service, or other. Users explicitly acknowledge using the site at their own risks and perils and under their sole liability.
The site provides internet users with indicative information which may include imperfections, errors, omissions, inaccurate information and other types of ambiguities. In all cases, the Publisher cannot be held liable:
– for any direct or indirect damage, especially in matters of loss of profits, shortfalls, loss of clients, loss of data that may result from use of the site, or the impossibility of using the site;
– for malfunctions, unavailable access, incorrect use, incorrect user computer configuration, or the use of uncommon browsers by the user;
– for the content of advertising and other links or external sources that can be accessed by users from the site.
Web site access
The site’s publisher cannot be held liable for the technical unavailability of the connection, whether caused by a case of force majeure, maintenance operations, update operations, site modifications, work by the hosting company, internal or external industrial action, network failure, power failure or the incorrect configuration or use of users’ computers.
All users are free to close their accounts and remove their data from the site. To do this, members must send the publisher an email indicating their wish to close their account. It will not be possible to recover any data following the closure.
These general terms and conditions are governed by French law. They may be modified by the site publisher or its agents at all times. The general terms and conditions applicable to users are those applicable on the date they accepted them. The publisher naturally undertakes to keep all previous general terms and conditions and to send them to any users that make the request.
Except for public order measures, any disputes that may arise in the framework of these general terms and conditions may be subject to review by the site publisher with a view to settlement out of court, before any legal proceedings are commenced. It is explicitly stated that requests for settlement out of court do not suspend deadlines opened to commence legal proceedings. Unless other public order related measures exist to the contrary, all legal action relating to the performance of this contract must be subjected to the courts under the jurisdiction of the Court of Appeal the legal proceedings were registered with.
If one of the terms of these general terms and conditions were to be declared invalid by the courts, this invalidity will not cause the other terms to be invalid, and these will continue to apply.
A “Cookie” is used to identify site users, to customise their use of the site, and to speed up the display of the site’s pages by means of saving a data file on users’ computers. The site is mainly likely to use “Cookies” to 1) obtain browsing statistics in order to improve the user experience, and 2) to allow access to member accounts and to content not available without a connection.
Users acknowledge having being informed of this practice and authorise the site publisher to use it. The publisher undertakes never to communicate the content of these “Cookies” to third parties unless required to do so by law. Users may refuse the use of “Cookies” or configure their browsers to be notified before any “Cookies” are accepted. To do this, users must configure their browsers:
– For Internet Explorer: http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies
– For Safari: https://support.apple.com/fr-fr/ht1677
– For Google Chrome: https://support.google.com/chrome/answer/95647?hl=fr&hlrm=en&safe=on
– For Firefox: https://support.mozilla.org/fr/kb/activer-desactiver-cookies
– For Opera: http://help.opera.com/Windows/10.20/fr/cookies.html
Framework of terms and conditions
If the terms of one of the General terms and conditions is pronounced to be illegal, void or inapplicable for any other reason, this term will be considered separable from the General terms and conditions and will not have an impact on the validity of the remaining terms. These terms and conditions describe the entire agreement between users and the web site. They replace all previous or parallel written or oral agreements. The General terms and conditions are not transferable or by users and cannot be sub-licensed by them.
A printed version of the Terms and conditions and all notices in electronic format may be requested in legal or administrative proceedings relative to the general terms and conditions. The parties agree that all correspondence relative to these Terms and conditions of use must be written in French.
All notices concerning these general terms and conditions, the legal notices or personal data charter must be given in writing and hand delivered, delivered by registered or certified mail, by the Post Office or any other nationally recognised mail delivery service allowing its services to be regularly tracked, to the postal address or email address indicated in the above Legal notices, indicating your surname, first name, contact details and the subject of the notice.
All complaints concerning the use of the web site, the service, or any other related service, the site pages on possible social media or the general terms and conditions, legal notices, or personal data charter, must be made within 365 days following the date on which the event subject of the complaint occurred, independently of any law or legal rule to the contrary. In the event that such a complaint was not registered within the 365 following days, such a complaint will be permanently excluded from legal proceedings.
It is possible that within the web site and the proposed services there may be a restricted number of inaccuracies or errors, or information that is not compliant with the general terms and conditions, the legal notices or the personal data charter. Furthermore, it is possible that unauthorised modifications may be made to the site or connected services (social media, etc.) by third parties. We take all measures to correct this type of situation.
If such a situation were to fail to come to our attention, please contact us at the postal address or electronic address indicated in the Legal Notices above with, if possible, a description of the error and its location (URL), and sufficient information for us to be able to contact you. For copyright-related questions, please refer to the intellectual property section.
3. Personal data use charter
Introduction and role of the charter
The purpose of this charter is to inform you of the web site’s undertakings with regards to the respect of your privacy and the protection of your personal data collected and processed when you use the service.
By registering on the web site, you undertake to supply us with accurate personal details. The communication of false information is contrary to the general terms and conditions featured on the site.
At all times, you may send a request to the publisher to find out which of your personal data they have collected, you can refuse the processing of this data, and have it changed or deleted by contacting the director of publication at the address indicated in the Legal notices above.
Data collected on the web site
The data collected and then processed by the site is the data you voluntarily communicate by filling in the various forms on the web site. For some content-related operations, you may be led to communicate personal data to third party partners using their own services, more specifically when making payments. We will not have access to this data, as its collection and processing is governed by these third parties’ own terms and conditions. We invite you to read these terms and conditions before supplying your personal data in this context.
Your IP address (identification assigned to your computer on Internet) will be collected automatically. You are hereby informed that the service may be brought to use an automatic tracking service (Cookie) which you may oppose by changing the relevant settings for your web browser, as explained in the general terms and conditions for this site.
The site user contact details will be saved in the Cookie in compliance with the terms of the French January 6th 1978 Data Privacy Act. In compliance with this legislation, users have a right of access, removal and modification or correction of the data they have provided. To do this, they must make the request to the electronic address indicated in the Legal notices above.
The collection of personal member data by the publisher of this site is currently being declared to the French personal data protection authority (Commission Nationale de l’Informatique et des Libertés – CNIL).
Purpose of the collected data
The data identified as being mandatory on the site forms is required to be able to benefit from the corresponding site features, and more specifically the operations on the content proposed on the site. The data collected automatically by our service may be used for statistical purposes covering the visits to its site pages.
Recipients and use of collected data
Your personal data collected by us is processed for the purposes of operations on service content.
You may receive emails from our service, especially in the framework of newsletters. You can request to no longer receive emails by contacting us at the electronic address indicated in the Legal Notices above, or by using the specific link featured in all emails sent to you.
You are hereby informed that your data may be communicated via the application of laws, regulations or under the terms of a decision of a regulatory or judicial authority, or if this becomes necessary for the Publisher to protect its rights and interests.
Data retention period
Data is stored by the site hosting company of which the contact details feature in the site Legal Notices, and is kept for the period strictly necessary for the performance of the above-mentioned purposes. Beyond this period, the data will only be kept for statistical purposes and will not be otherwise used in any way.
© Ush – All rights reserved – June 21st 2016