1. Application and enforceability of the General Conditions of Use
Any use of the Poclain websites (hereinafter referred to as the “website”) shall be subject to these General Conditions of Use (hereinafter referred to as the “GCU”) that the user accepts the validity of the GCU in their current version by commencing use.
These GCU may be modified or supplemented at any time by Poclain Hydraulics Industrie SAS. All modifications and additions to these GCU shall take effect upon publication on the website.
Poclain Hydraulics Industrie SAS’s failure to enforce any provision of these GCU or to exercise any right or to prosecute any default, shall neither be considered a waiver of that provision or right nor bar prosecution of that default.
2. Legal Notice
1.2 Publisher (hereinafter "the publisher" or "Poclain Hydraulics Industrie SAS"):
POCLAIN HYDRAULICS INDUSTRIE SAS, a simplified joint stock company with a capital of 12,980,000 euros, whose registered office is located at Route de Compiègne, 60410 Verberie, RCS Compiègne, SIREN number 414 781 823, Value added tax identification number FR 90 414781823, represented by Laurent Bataille, in his capacity as Chairman.
E-mail address: webmaster(at)poclain(dot)com
Director of the publication: Laurent Bataille
SMILE SAS, a simplified joint stock company with a capital of 814 314,88 euros, whose registered office is located at 163 Quai du docteur Dervaux, 92600 Asnières-sur-Seine, RCS de Nanterre, SIREN number 378 615 363 represented by Jérôme Rideau in his capacity as Director SMILE Paris.
1.4 Host Website Information:
ECRITEL S.A.S.U. with a capital of €2,325,000, whose registered office is located at 84 rue Villeneuve 92110 Clichy, RCS Nanterre B 332 484 021 RCS, SIREN number 332484021 represented by Audrey LOUAIL, in her capacity as Chairman.
E-mail address: contact(at)ecritel(dot)net
3. Access to the website
Access to the website is intended for professional users. To this end, the publisher reserves the right to make certain data mandatory in the website's contact form. During the collection, the compulsory data are indicated by an asterisk, the others being optional.
4. Content of the website
The website offers a general presentation of the POCLAIN Group range of products and services. The information provided on the website (texts, graphics, plans, photographs, etc.) is of a purely general nature and is provided by way of indication only.
The POCLAIN group applies a permanent development policy to its products and services and thus reserves the right to change the information given on this website, including the technical specifications and ranges presented, without notice and without incurring any liability thereby.
Information on the website is provided “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRIGMENT.
The said information may also contain technical inaccuracies or typographical errors. Amendments to correct them will be made periodically and be included in the updates.
5. Intellectual property rights: reproduction and use of information
Taken together, the presentation and content of the website constitute a work of intellectual property belonging to Poclain Hydraulics Industrie SAS which is protected by the relevant laws.
The product models that appear on the website, and likewise the drawings, photographs, texts, plans, graphics, animated or still images, sounds and all other documents posted on it are subject to industrial and/or intellectual property laws and, as such, are the property of Poclain Hydraulics Industrie SAS.
Any reproduction, representation, use or modification, by whomever on whatever medium, of all or part of the website, or of all or part of its constituent elements, without the prior consent of Poclain Hydraulics Industrie SAS is prohibited and constitutes a copyright infringement.
All trademarks, photographs, texts, comments, illustrations, images (animated or not), video sequences, sounds, as well as all computer applications that may be used to operate the website and, more generally, all elements reproduced or used on the website are protected by current intellectual property laws.
They are the full and complete property of the publisher or its partners or companies in the Poclain group. In particular, the Poclain Hydraulics® and Poclain® trademarks are the property of Poclain Hydraulics SAS.
Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of these elements, including computer applications, without the prior written consent of the publisher, is strictly prohibited. The fact that the publisher does not initiate proceedings as soon as it becomes aware of such unauthorised use does not constitute acceptance of the said use and waiver of proceedings.
6. Software programs available on the websites
Any software program which can be downloaded from the website is the property of Poclain Hydraulics Industrie SAS. The use of any software program downloaded is subject to the provisions of the user license which accompanies, or is included in, the program (hereinafter referred to as “the License”). Except as otherwise provided in the License, the software program may only be downloaded by machine manufacturers and distributors who have purchased the license for the relevant program. Any reproduction or use of the software program not in accordance with the provisions of the license may result in civil and criminal penalties.
7. Website management
For the proper management of the website, the publisher may at any time:
- suspend, interrupt or limit access to all or part of the website, reserve access to the website, or to certain parts of the website, to a specific category of Internet user
- delete any information that may disrupt the operation of the website or that contravenes national or international laws or the rules of Netiquette
- suspend the website to update it.
8. Limitation of liability
The information provided on the website is of a purely general and informative nature and is given for information purposes only. Despite the care applied to its presentation and accuracy, Poclain Hydraulics Industrie SAS cannot guarantee the accuracy and exhaustiveness of the information provided.
Consequently, neither Poclain Hydraulics Industrie SAS, nor the subsidiaries of the Poclain group shall be held responsible for the any inaccuracy or omission in any item of information presented on the website.
Under no circumstances shall Poclain Hydraulics Industrie SAS be held liable for any direct or indirect damages resulting from the access or use of the website or, on the contrary, from its inaccessibility. The publisher shall not be held liable in the event of a failure, breakdown, difficulty or interruption in operation, preventing access to the website or to one of its functions.
You are entirely responsible for the equipment you use to connect to the website. You must take all appropriate measures to protect your equipment and your own data, in particular from viral attacks via the Internet. The publisher shall not be held for any damages caused to you, to third parties and/or to your equipment because of your connection to or use of the website and you agree to waive any claim against the publisher resulting from your connection to or use of the website.
You, as the user, are also solely liable for the websites and data you consult.
In addition, the publisher shall not be held liable in the event of legal proceedings against you:
due to the use of the website or any service accessible via the Internet.
as a result of your failure to comply with these GCU.
If the publisher should be the subject of amicable or legal proceedings because of your use of the website, it may have recourse against you to obtain compensation for all damages, sums, convictions and costs that may arise from these proceedings.
The creation of a hypertext link to the website shall require the prior written consent of Poclain Hydraulics Industrie SAS, which may be obtained by sending an e-mail to the following address: webmaster(at)poclain(dot)com
The publisher is free to refuse this authorisation without having to justify its decision in any way whatsoever. In the event that the publisher grants its authorisation, this authorisation is in any case only temporary and may be withdrawn at any time, without any obligation on the part of the publisher to justify its decision.
In any case, any link must be withdrawn on simple request from the publisher.
Any information accessible via a hypertext link to other websites is not under the control of the publisher who declines any liability as regards their content and use.
10. Protection of personal data
Poclain Hydraulics Industrie SAS respects your privacy and is committed to protecting the personal data you provide as user.
Poclain Hydraulics Industrie SAS invites the user to consult on the website the Data Protection Notice, which contains all information relating to the use of personal data as well as the notice about cookies.
11. Photographs and representation of products
The photographs of products, accompanying their description, are not contractual and do not engage the editor.
12. Applicable law and jurisdiction
The present conditions of use of the website are governed by French law and are subject to the jurisdiction of the Court of Compiègne (Tribunal de commerce de Compiègne), France, subject to a specific attribution of jurisdiction arising from a specific legal or regulatory text.
13. Contact us
For any question, information on the products presented on the website, or concerning the website itself, you can send a message at the following address: webmaster(at)poclain(dot)com
14. Photographers credits
The photographs provided on the website are tagged with the name of their authors and where applicable with the name of the copyright holder.