General terms of use of the Evoluti3D application

Date of the general terms of use: 18/09/2017

The purpose of these general terms of use (hereinafter “GTU”) is to establish the rules for the use of the Evoluti3D store application (hereinafter “Application”) supplied by WM88 (hereinafter “WM88”) at physical points of sale.

By installing/accessing the Application as a User, you agree unconditionally and without reservation to all of the GTU set out hereinafter. If you do not wish to agree to these GTU, please do not access the Application. All use of the Application must be in accordance with these GTU.

These general terms of use can be accessed by all users in the Application when creating the customer account by clicking on the “General Terms of Use” link.

The provisions of these general terms of use may be amended at any time in order to adapt them to changes in the service or technical, legal and judicial developments. Users shall be notified by email of amendments made to the GTU.

Article 1: Purpose of the Application

The purpose of the Evoluti3D Application is to enable you to design kitchens, at a physical place of sale, solely on the basis of the model kitchens created by WM88.

Each User can create a kitchen design plan which must be registered under a name for each of its customers. 

Each plan created through the Application is solely intended for the sale to a customer of a kitchen supplied and produced by WM88. 

The use of the Evoluti3D Application at a place of sale is conditional upon the mandatory physical presence of WM88 products at this same place of sale. 

Article 2: Access to the Application

To access and use this Application, the Application must be downloaded through the link sent by WM88. The Username and password shall also be sent by WM88.

Article 3: Content of the Application and Information published in the Evoluti3D application

The purpose of the Application is to design kitchens in 3D on the basis of the WM88 catalogue. The Application therefore contains all of the items necessary to develop a kitchen.

WM88 makes every effort to ensure that all information provided in the Evoluti3D Application is accurate and up to date, but cannot guarantee that the information that it contains is exhaustive and free from any errors. WM88 reserves the right to correct or alter the contents of this Application or have them altered at any time and without notice. Photos, images and descriptions of products which are published in this Application are non-contractual. As part of its efforts to constantly improve the quality of its products, WM88 reserves the right to alter the characteristics of models of kitchens and domestic appliances which are presented in this Application.
Documents which arise out of the Evoluti3D application are non-contractual.

3.1 Prices appearing in the Application

In accordance with legal provisions, it is the responsibility of each User to freely set the sale prices of the kitchen furniture and domestic appliances appearing in the Application and communicate them to WM88 so that the latter can incorporate them into the Application.

In the absence of any information from the User, the prices inclusive of all taxes that are shown in the Application shall correspond to the public sale prices recommended by WM88. 

The prices corresponding to the public sale prices recommended by WM88 may be modified at any time without notice.

The prices VAT included in this Application are managed by each User.

The prices VAT included in this Application are indicative and have no contractual value.

Article 4: Licence for use

WM88 grants the User a personal right to use the Application and its content which is non-exclusive, revocable, non-assignable, non-transferable and free of charge, solely for the purposes of its commercial activity as a seller of kitchens through the use of the Application, to the exclusion of all other purposes.

Article 5: Obligations of the User:

The User explicitly undertakes:

  • To use the Application in accordance with these GTU;
  • To register each kitchen design plan under a project name. If the plan is changed, the changes must be incorporated into this same plan and must not be registered as a new plan;
  • not to use software or processes intended to copy the content of the Application without prior written authorisation;
  • not to undertake any adaptation, alteration, translation, transcription, arrangement, compilation, decompilation, assembly, disassembly or transcoding of all or part of the Application and/or the content;
  • not to export the Application or merge all or part of the Application with other computer programs;
  • to refrain explicitly from using software or devices which may disrupt the proper operation of the Application;
  • not to extract or reuse, including for private purposes, without prior written authorisation from WM88, a substantial or insubstantial part of the content of the databases and archives created by the Application;
  • not to implement systems which may pirate the Application and/or the content in whole or in part, or which may breach these GTU;
  • to inform WM88 immediately upon becoming aware of an act of piracy and in particular any illicit or non-contractual use of the Application and/or the content, regardless of the method of distribution;
  • not to sell, rent, sub-licence or distribute in any way whatsoever the Application and/or content to third parties.

Article 6: Intellectual property

WM 88 declares that the Evoluti3D Application is the property of a third party who has granted it lawful rights to use, operate and distribute it and that it is protected by the copyright. The User undertakes not to interfere with this right of ownership directly or indirectly, or through third parties with whom it is associated. The model kitchens offered in this Application are the exclusive property of WM88. Except where otherwise stipulated in these GTU, all rights, titles and associated interests which relate:

  1. to filed and non-filed trademarks, service marks and logos;

  2. to patents, patent applications and ideas, inventions and/or improvements which are patentable;

  3. to trade secrets, exclusive information and know-how;

  4. to corresponding divisions, continuations, reissues, renewals and extensions which currently exist or may be filed, issued or acquired;

  5. to registered and unregistered copyrights including, in particular, forms, images, audio-visual presentations, texts and software;

  6. (f) to any other intellectual property or property right in relation to WM88; are wholly owned by WM88 and you agree not to claim any interest in the ownership of such intellectual property rights of WM88.

You acknowledge that no intellectual property rights of WM88 are transferred to you and that no express or implied rights are granted to you other than the rights that are granted expressly under the terms of these GTU.
It is clearly agreed and understood that you are not authorised, under any circumstances whatsoever, to create a work derived from the Application or a work based on one or more previous versions of a work which has been provided to you by WM88.
It is forbidden to remove, alter or move any trademark or business name, logo, captions, symbols or marks in the Application. 
The User shall therefore refrain from reproducing, representing, adapting and exploiting the Application and its content.

Article 7: Personal data

The information that is collected in the Application is recorded in a computerised file by WM88. Only internal departments of WM88, the User and the publisher of the software can access data which you record. 
It shall be kept for at least 1 year. WM88 undertakes not to transfer information belonging to its customers in any way whatsoever (sale, exchange, loaning, renting, gifting) under any circumstances.
In accordance with the “Data Processing and Freedoms” law of 6 January 1978 as amended, you have a right to access personal data which relates to you. 
You also have a right to correct and a right to remove personal data relating to you which is inaccurate, incomplete, ambiguous or out of date, or whose collection, use, communication or storage is prohibited.
You may also object to the processing of your data.
You can exercise these rights, subject to proof of your identity, by sending a request by post to the following address: 2, place de la Gare 88170 CHATENOIS, France.

Article 8: Liability

WM88 reserves the right to stop providing the Evoluti3D application without notice if the number of registered projects does not tally with the finished products billed by WM88. 
WM88 cannot be held liable:

  • for information which is available in this Application and the use that may be made of information which is contained in this Application or obtained in response to a question put to WM88;
  • for direct or indirect damage of any kind arising out of the use of this Application or in relation to it.
  • If the User is unable to use or access the Application, for any reason whatsoever;
  • In the event of improper use of the Application and/or an incident related to the use of the Application
  • In the event of loss of data, customers or revenue, whether or not this was foreseeable;

Under no circumstances shall WM88 or its subcontractors be held liable for direct or indirect damage of any kind etc. in relation to the Application, even if WM88 was notified in advance of the possibility of such damage.

Article 9: Termination

9.1 In the event of non-compliance with the GTU by the User, WM88 reserves the right to terminate the use of the Evoluti3D Application. For any other reason, either party may terminate these GTU subject to three months’ notice after sending a recorded-delivery letter. 
9.2 If the business relationship ends for any reason whatsoever, the User must cease all use of the Application.
At the time of termination, the rights and licence that you have been granted under these GTU shall be terminated and you must cease all use of the Application.

Article 10: Assignment

The contract is entered into on a strictly personal basis.
Consequently, it cannot be assigned or transferred by the User, even in the event of assignment of assets or shares or a change of direct or indirect control over its company, without the prior written agreement of WM88. If agreement cannot be reached, the contract can be terminated automatically and without notice by WM88.

Article 11: Legal notice / Contact

The Application is supplied by WM88 – 2, Place de la Gare, 88170 CHATENOIS, France. Simplified joint-stock company with share capital in the amount of €1,000,000, SIREN number 529 641 862, Intra-community VAT number FR26529641862.
Any questions about the Application must be sent to:
evoluti3D@wm88.fr
• +33 3 29 94 64 38

Publication Director: Mr Wilfrid TANTER

Article 12: Applicable law - Court with jurisdiction

These GTU are subject to French law.
The Application is governed by Law no. 2004-2005 of 21 June 2004 for confidence in the digital economy, article L. 335-2 of the Intellectual Property Code and the “Data Processing and Freedoms” law of 6 January 1978 as amended in 2004.
Any disputes over the performance or interpretation of these General Terms of Use shall be referred to the Commercial Court of Epinal.

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