General conditions of use
- LEGAL NOTICE
Information about the publisher:
This site www.astorecompany.com (“Site”) is published by ACCOR, a public limited company with EUR 870,366,459 of capital which is registered in the Register of Commerce and Companies of Nanterre under number 602 036 444 and has its headquarters at 82, rue Henri Farman, 92130 ISSY-LES-MOULINEAUX, France, intra-Community VAT number FR 93 602 036 444 (hereinafter “Accor”).
Contact email address: ServiceClients.AchatsFrance@accor.com
Telephone: +33 1 61 61 60 60
The Director of Publishing of this Site is Sébastien Bazin.
Information about the host: The Site is hosted by AWS – via Smile OPS : 20 rue des Jardins 92600 Asnières-sur-Seine
Hereinafter, the terms below shall have the following meanings:
“Directory of Suppliers”: means the directory listing the Suppliers, which, for each Supplier, states the Supplier’s contact details, the means of contacting it and the Products and/or Services offered by this Supplier, among other things.
“Client”: means any User, whether an individual or a corporation, acting in the context of his/her/its professional activity (commercial, industrial, crafts, freelance professional or agricultural) who/which has (i) entered into a Standard-Form Contract with Accor and (ii) created a Professional Account on the Site.
“Personal Account”: means the secure personal space of a Client which can be accessed by means of personal login details (login and password).
“Standard-Form Contract”: means the contract entered into between Accor and a User to enable the User to become a Client and create a Personal Account.
“Product and/or Service Record” means the summarised record created by ACCOR which contains the details and characteristics of the Product and/or Service (product code, delivery, name of supplier, price, quantity, packaging, etc.).
“Supplier” means any corporation which offers, among other things, the Products and/or Services that are presented on the Site for sale as part of its professional, commercial or industrial activity and which has signed a listing contract with ACCOR.
“Product” means the product offered by a Supplier and selected by ACCOR.
“Service” means the service offered by a Supplier and selected by ACCOR.
- SCOPE AND PURPOSE
Access to the Site and its use are governed by these GTU. The GTU govern the contractual relationship between Accor and any User.
The GTU can be viewed directly on the Site at any time. The User can save and edit these GTU using the standard functionalities of his/her browser or computer.
The User acknowledges that (s)he has read and agreed to these GTU.
Accor is a global leader in augmented hospitality which offers unique and unmatched experiences at nearly 4,800 hotels, hotel complexes and private residences in 100 countries. Through an unparalleled portfolio of brands ranging from luxury to economy, the group has been providing all of its hospitality expertise for more than 50 years.
To meet the procurement needs of the establishments operated under its brands, Accor runs a central listing agency (“Central Listing Agency”) which independent establishments or third-party entities can also decide to join if they wish.
The Site offers to inform the User about the 6 categories of Products and Services offered by Suppliers who are affiliated with the Central Listing Agency:
- Food and Beverages
- IT and Guest Technologies
- Operating Supplies and Equipment
- Furniture, Design and Equipment
- Works and Maintenance
Any User who wishes to do so can contact Accor, as specified in article 4 below, in order to become a Client and, as such:
- access the Directory of Suppliers through his/her Personal Account;
- access, on the site www.astoreshop.com, offers of Suppliers’ Products and/or Services on the commercial terms negotiated by Accor with Suppliers.
- PROCEDURE FOR CREATING A PERSONAL ACCOUNT
To be able to access the Directory of Suppliers and obtain details of Products and Services offered by Suppliers, the User must create a Personal Account. To do this, the User must contact Accor through the contact email address that is available on the Site or by telephone on +33 1 61 61 60 60.
For a Personal Account to be opened, a Standard-Form Contract must be signed by Accor and the User, unless the User is already a client of the Central Listing Agency, in which case Accor shall provide him/her with a login and a password with which to log into his/her Personal Account. Failing this, Accor shall send the Standard-Form Contract to the User by any means, including by email.
Once Accor has received the signed Standard-Form Contract, Accor will send a login and a password enabling the Client to log into his/her Personal Account to the Client at the email address provided by the Client.
The Client acknowledges that the login and the password for the Personal Account are personal and strictly confidential. The Client shall be solely responsible for keeping them and for their use.
In this regard, the Client guarantees to Accor that the information that (s)he shall provide in the registration form or otherwise state to Accor shall be accurate and complete. Accor cannot be held liable if errors or incomplete information have been entered or stated by the Client and if Accor is consequently unable to offer the Client a Personal Account.
As such, the Client:
- undertakes to reserve sole use of them for himself/herself.
- acknowledges that:
- any act carried out on the Site with the login and the password shall be deemed to have been carried out by the Client, and the Client shall be responsible for any consequences if the User’s Login and Password are stolen
- (s)he shall be solely responsible for consequences which may result from communicating his/her Login and Password to third parties
- undertakes to inform Accor immediately if his/her login and/or password is/are used without authorisation, lost or forgotten, and more generally, if (s)he becomes aware of any breaches of the Site’s security.
- PRODUCTS AND SERVICES
5.1 General provisions
Accor does not sell the Products and/or Services that are presented on the Site. The Site merely makes a catalogue of Products and/or Services offered by Suppliers available to Users.
Any Client who wishes to order Products and/or Services from a Supplier must contact the Supplier directly, using the information provided in the Directory of Suppliers among other things.
The Client acknowledges and accepts that the terms of sale, including the arrangements for ordering, billing and payment, delivery of Products and/or Services, guarantees and after-sales service, that are applicable to the Client shall be established by the Supplier. Some of this information shall be available for the Client to view in the Directory of Suppliers.
Consequently, Accor cannot be deemed to be a party to purchase contracts entered into between the Client and Suppliers. Accor cannot be regarded at any time as the Client’s supplier, and the Client shall be solely responsible for fulfilling his/her undertakings to Suppliers.
- HYPERTEXT LINKS
Creating a hypertext link to the Site without Accor’s prior, explicit and written authorisation is prohibited. Requests must be made to the Site’s director of publishing.
The Site may offer links to other websites. Since Accor has no control over such third-party websites, Accor gives no undertakings as to the availability and content of these sites, and declines any liability for content, advertisements, products, services or any other material available on or from such external sites or sources.
Accor also declines any liability for proven or alleged damage or losses resulting from or in relation to the use of, or with reliance on, content, goods or services available on such third-party websites.
- GUARANTEE – LIABILITY
The Site and Accor Content are provided on an “as is” basis and subject to availability.
Accor does not guarantee that the Site or Accor Content shall be free of errors or accessible without interruption. ACCOR undertakes, as part of a best-efforts obligation, (i) to provide access to the offered Site 24 hours a day, and 7 days a week, subject to (a) force majeure; (b) availability of the Internet; (c) temporary suspensions of the Site for technical reasons related to updates of the Site, its maintenance or any other technical cause; and (ii) to act with due care and competently and make its best efforts to rectify any malfunction which is brought to its knowledge.
ACCOR may thus be obliged to suspend access to the Site in whole or in part for a short time, including for technical maintenance reasons, without this resulting in any liability for ACCOR.
The User acknowledges and accepts that ACCOR cannot be held liable for any inconvenience or damage associated with use of the Internet, including but not limited to:
- faulty sending and/or receiving of any data and/or information on the Internet;
- failure of any receiving equipment or communication lines;
- any malfunctioning of the Internet which prevents the Site from working properly.
Under no circumstances can ACCOR be held responsible for:
- indirect damage such as, but not limited to, loss of profits, loss of customers, loss of opportunity, etc.;
- damage resulting from misuse or use which is not in accordance with these GTU of the Site and/or Accor Content (as this term is defined in article 8 herein);
- damage resulting from acts attributable to the User, any other User or any third party.
The information on the Site must not be regarded as recommendations to use Products and/or Services. ACCOR gives no express or implied guarantees and accepts no liability in relation to the use of this information. The User is solely responsible for the use of such information. ACCOR cannot be liable for any damage whatsoever, either direct or indirect, which results from information contained in this Site.
ACCOR cannot be held liable if one or more Product(s) and/or Service(s) is/are withdrawn from the catalogue of a Supplier for any reason, or if a Product and/or Service is/are not available from a Supplier.
- INTELLECTUAL PROPERTY
The User acknowledges that the Site and its content, including but not limited to all text, graphics, images, logos, names, trademarks, designations, sound, photographs, videos, drawings, data, software or other materials available on the Site (hereinafter “Accor Content”), are protected by intellectual property law and are the exclusive property of Accor or are licensed to Accor.
Subject to compliance with these GTU, ACCOR grants the User, for the duration of the GTU and worldwide, a free, personal, non-exclusive and non-transferable right to access and use the Site and Accor Content for the sole purposes of viewing the Site and/or information for personal use.
Notwithstanding the foregoing, Users are strictly forbidden to:
- copy, reproduce, represent, broadcast, distribute or publish, permanently or temporarily, all or part of the Site and/or Accor Content by any means and on any medium, whether known or unknown at present;
- create works derived from the Site and/or Accor Content;
- alter, translate, adapt or arrange all or part of the Site and/or Accor Content;
- disassemble, decompile or reverse engineer the Site and/or Accor Content;
- distribute, transmit, disseminate, sell, rent, grant or use all or part of the Site and/or Accor Content in any way whatsoever without Accor’s prior, explicit and written agreement.
Under no circumstances may the Site and/or Accor Content be wholly or partially altered, reproduced, represented, distributed, displayed, offered for sale or incorporated into a derived or other work, on any medium whatsoever. In general, the Site and Accor Content can only be used while browsing the Site.
The use of all or part of the Site and/or Accor Content, including by downloading, reproduction, transmission or representation, for purposes other than those specified in these GTU is strictly prohibited.
To find out more about the photographs used on the Site, the User can read the “Photo Credits” section.
- PERSONAL DATA
The User is informed that Accor processes personal data and is invited to read the Confidentiality Policy which is available here.
The Site is available in English and French. If there are any contradictions between the French version of the Site and any other translated version, the French version of the Site shall prevail.
If one or more provisions of these GTU is/are deemed to be invalid or declared as such pursuant to a law or regulation or as a result of a final decision taken by a court with jurisdiction, the other provisions shall retain all of their force and scope.
The GTU shall apply for as long as the Site is online.
Accor reserves the right to amend, supplement and/or update these GTU at any time. The new GTU shall take effect from the date on which they are placed online on the Site and shall be deemed to have been accepted unreservedly by any User who browses the Site after they have been placed online. The applicable GTU shall be those that are in force on the day when the Site is browsed.
It shall therefore be the User’s responsibility to refer regularly to the latest version of the GTU, which shall be available on the Site at all times.
- LEGGE APPLICABILE E CONTROVERSIE
These GTU are subject to French law.
In the event of any complaints or disputes over the application, interpretation or performance of these GTU, the parties undertake to seek an amicable settlement of the dispute concerned prior to any legal action or recourse to mediation. If no amicable settlement is reached, the French courts shall have sole jurisdiction.