ARTICLE 1 – FRANCE OBJETS TROUVES SERVICE
1.1 FRANCE OBJETS TROUVES is a service provided by the company ATLANTIS, SAS with a capital of €39,000, registered with the Grenoble Trade and Companies Register under number 815409990, whose head office is located at 9 chemin du Vieux Chêne 38240 Meylan.
1.2 ATLANTIS offers Internet users a service for distributing and consulting information on lost objects, a service for distributing and consulting information on found objects and a service for connecting Losers and Inventors.
ARTICLE 2 – DEFINITIONS
2.1 "France Objets Trouvés Database" means the database designed and operated by ATLANTIS and listing, in a structured and organized manner, all information relating to Lost Objects and declarations of loss disseminated by Partners via their personalized management as well as by Users via their access accounts to the France Objets Trouvés Site.
2.2 "CGU" refers to these General Conditions of Use.
2.3 "Partner" means any legal person governed by public or private law who may post advertisements on the Site relating to Lost Objects under a contract concluded with ATLANTIS, such as administrative territorial authorities, operators of public places or tourist sites, transport companies etc.
2.4 " Personal identifiers " means the identifier and password entered by Users when registering on the Site.
2.5 " User Interface " means the interface intended for Users allowing, on the one hand, to consult the France Objets Trouvés Database online, and on the other hand, to disseminate declarations of loss and/or announcements relating to found objects. For the dissemination of declarations of loss and/or announcements relating to Lost Objects, access to the interface is secured by an identifier/password system.
2.6 " Inventor " means the person who found a lost item.
2.7 " Object found " designates, in accordance with article 717 of the Civil Code, any lost thing which the master does not represent, in particular all objects found on earth and those which have been buried involuntarily.
2.8 " Loser " means the person who has lost an item.
2.9 "France Objets Trouvés Site" or "Site" refers to the France Objets Trouvés public website located at the URL address "franceobjetstrouves.fr", at URL addresses dedicated to Partners in the format "partner.franceobjectstrouvés.fr" or at any other address that would be added or substituted.
2.10 " User " means any natural person who consults the France Objets Trouvés Database, disseminates declarations of loss or announcements relating to Lost Objects or uses the France Objets Trouvés Site.
ARTICLE 3 – PURPOSE AND ACCEPTANCE OF THE T&Cs
3.1 The purpose of these T&Cs is to define the conditions under which the User agrees to use the France Objets Trouvés Site.
3.2 TO USE THE FRANCE OBJECTS FOUND SITE, EACH USER MUST READ AND ACCEPT, WITHOUT RESERVE, THESE TOS THROUGH A MANDATORY VALIDATION MECHANISM BY CHECK BOX DURING REGISTRATION.
ARTICLE 4 – DURATION
4.1 These T&Cs are in effect as of December 1, 2013 and remain applicable for the entire duration of use of the France Objets Trouvés Site.
4.2 ATLANTIS reserves the right to adapt and modify these T&Cs, it being specified that the applicable T&Cs are those in force on the day of use of the France Lost and Found Site by the User. Any modification of the T&Cs will be published on the France Objets Trouvés Site.
ARTICLE 5 – DESCRIPTION OF THE SERVICE
5.1 ATLANTIS makes the User Interface available to Users for the purpose of enabling them to post declarations of loss and announcements relating to Lost Objects. As such, Users benefit from a non-exclusive and non-commercial right to use the User Interface and, more generally, the France Objets Trouvés Site.
5.2 ATLANTIS also allows Users to consult the France Objets Trouvés Database, under the conditions defined by ATLANTIS, with the aim of enabling them to find lost objects.
ARTICLE 6 – ACCESS TO THE SERVICE
6.1 The France Objets Trouvés Site is accessible to any User with Internet access. All costs relating to access to the France Objets Trouvés Site, whether material, software or Internet access costs, are exclusively the responsibility of the User. He remains solely responsible for the proper functioning of his computer equipment as well as his access to the Internet.
6.2 ATLANTIS reserves the right to refuse access to all or part of the France Objets Trouvés Site, unilaterally and without prior notification, to any User who does not comply with these T&Cs.
ARTICLE 7 – REGISTRATION
7.1 In order to post loss declarations or announcements relating to lost objects on the France Objets Trouvés Site, the User must first register by creating an online account. Registration requires that the User has chosen Personal Identifiers.
7.2 To create an account, the User must provide the information requested on the registration form. As such, the User declares to provide accurate, complete and current information and undertakes to notify any modification of this information, whenever necessary, each time a loss report or announcement relating to a found object.
7.3 After registration, the User may publish on the France Objets Trouvés Site declarations of loss, descriptions and/or images of lost objects as well as advertisements and/or images relating to Lost Objects.
7.4 Registration does not guarantee that the lost item will be found. ATLANTIS cannot in any way be held responsible with regard to the User for a refusal of registration or for the fact that the lost objects have not been found following the publication of the declarations of loss on the Site.
ARTICLE 8 – PRICE AND PAYMENT
8.1 The dissemination on the Site of declarations of loss and announcements relating to Lost Objects is free of charge.
8.2 The remuneration of ATLANTIS on the objects held by the lost property service of a Partner is, where applicable, specified to Users on the France Objets Trouvés Site. In the absence of compensation from ATLANTIS, if the object sought is held by the lost and found service of a Partner, the User concerned will have to pay, where applicable, any fees applied by the Partner.
8.3 To be put in contact with the Inventor, the Loser must pay the costs of connection, the amounts of which are available here . These rates are subject to change. Unless otherwise stated, all prices are quoted in euros.
8.4 The payment of the linking fees is prior to the linking. In the event that the France Objets Trouvés Site indicates a match result, the Loser may have full access to the ad (including any photo(s) of the object(s), possible free additional description of the 'Inventor). If, following this verification, the Loser confirms that he has identified the lost object as his, he will be liable for the connection costs, prior to the connection.
8.5 The User must pay all applicable fees resulting from the use of the France Objets Trouvés Site on time and by means of a valid method of payment. Late payment interest at the legal rate in France will apply where applicable.
8.6 The methods of payment accepted are: bank card (CB, Visa and Mastercard on the bank payment interface, secured by an encryption certificate) and bank transfers paid into the ATLANTIS account.
ARTICLE 9 – OBLIGATIONS OF USERS
9.1 The User agrees to use the France Objets Trouvés Site in compliance with these T&Cs and applicable laws. Consequently, he agrees in particular not to hinder or distort the operation of the France Objets Trouvés Site, to affect all or part of its elements, or to access it fraudulently.
9.2 The User undertakes to ensure the confidentiality of his Personal Identifiers and must ensure that these will not be disclosed to third parties. The User is responsible for all acts performed from his account. If the User believes that there has been a security breach of his Personal Identifiers, such as disclosure, theft or unauthorized use, he must immediately inform ATLANTIS by email at the following address: info [ atobase] franceobjetstrouves [point] fr. The User will make sure to disconnect from his account at the end of each use of the Service, in particular if the connection is made from a public or shared computer.
9.3 The User guarantees that the elements of his account or the objects distributed on the France Objets Trouvés Site from his account do not infringe the rights of third parties and are not contrary to the law and regulations in force. In the event of non-compliance with these commitments, ATLANTIS reserves the right to take any appropriate action, including removing the prohibited content and deleting the User's account.
9.4 The User guarantees the legality of the content that he distributes on the France Objets Trouvés Site via his account. The User must immediately notify any illegal content or behavior through the online form . ATLANTIS acts as the host of content posted online by Users and Partners and, in this capacity, will act promptly to remove any manifestly illegal content of which it becomes aware. Users are also reminded that the fact, for any person, of presenting to the hosts a content or an activity as being illicit in order to obtain its withdrawal or to stop its distribution, when he knows this inaccurate information, is punishable by one year's imprisonment and a fine of 15,000 euros.
9.5 More generally, the User assumes full and entire responsibility and the consequences of all the actions he performs on the France Objets Trouvés Site.
9.6 The User declares to be aware that the registration on the France Objets Trouvés Site and the dissemination of advertisements relating to Lost Objects does not exempt him from carrying out the mandatory legal and regulatory formalities applicable in terms of Lost Objects.
9.7 The User declares to be aware that the fact for an Inventor to fraudulently appropriate a found object constitutes theft punishable by a maximum penalty of 3 years' imprisonment and a fine of €45,000.
9.8 The User undertakes to have actually lost an object. Only users who have lost an item or their families and loved ones are authorized to submit a lost item announcement. This excludes legal or natural persons mandated or not by the user.
ARTICLE 10 – OBLIGATIONS OF ATLANTIS
10.1 ATLANTIS undertakes to implement the appropriate human and material resources to operate the France Objets Trouvés Site, so as to ensure continuity of access to the service. As such, ATLANTIS is only bound by an obligation of means.
10.2 ATLANTIS undertakes to provide hosting for the information contained in the France Objets Trouvés Database and acts as such only as a technical service provider.
ARTICLE 11 – CONCORDANCE RESULT
11.1 After reading the advertisements published on the France Objets Trouvés Site, the User who thinks he is the owner of a referenced property fills out a concordance sheet (in order to verify the concordance between the characteristics of the advertisement published and the declaration of loss).
11.2 The matching result is in principle a mathematical formula managed by the computer system. In case the mathematical formula does not give a clear result, a manual matching result can be performed by ATLANTIS.
ARTICLE 12: RETURN OF ITEMS
12.1 In the event that the France Objets Trouvés Site indicates a match result between data entered by a Partner and data entered by a User, the contact details of the lost and found department in which the object is held are communicated to the User in order to that he can make contact or go there. Only the Partner concerned may decide to return the object in question and the terms of such return.
12.2 In the event that the France Objets Trouvés Site indicates a match result between data entered by different Users, the return of the object is organized directly between the Loser and the Inventor.
ARTICLE 13 – SUSPENSION/CANCELLATION OF A USER
13.1 When a User is likely to contravene these T&Cs or, more broadly, the laws and regulations in force, ATLANTIS reserves the right to temporarily suspend the account for the purpose of verifying the compliance of its practices. When a User contravenes these T&Cs or, more broadly, the laws and regulations in force, ATLANTIS reserves the right to permanently remove the User by deleting his personal account and prohibiting him from registering again, without prejudice to any legal action by ATLANTIS against said User.
ARTICLE 14 – LIMITATIONS OF LIABILITY
14.1 ATLANTIS is a technical service provider that manages an IT and software infrastructure made available to Partners and Users. Consequently, ATLANTIS is neither an agent, nor agent, nor representative of the Partners or the Users.
14.2 ATLANTIS provides in principle a simple role of technical service provider with regard to Users by delivering information storage services of any kind disseminated by Users. ATLANTIS may also access the content of Users as part of the service provided to Users. In this context, ATLANTIS cannot be held liable for the activities or information stored at the request of Users if it was not effectively aware of their manifestly illicit nature or of facts and circumstances giving rise to this character or if, as soon as ATLANTIS became aware of it, it acted promptly to remove this data or to make access to it impossible.
14.3 ATLANTIS cannot, under any circumstances, be held responsible for the result of the match between an Object found and a declaration of loss . ATLANTIS has no power to control the accuracy of the description of items found or declared lost, such control being entirely the responsibility of the Partner and/or Users.
14.4 ATLANTIS does not in any way guarantee the condition of the objects distributed on the France Objets Trouvés Site and does not exercise any control over the quality, safety or legality of the objects listed, the veracity or accuracy of the content or announcements of the Users.
14.5 ATLANTIS in no way guarantees the return of an object found to the Loser. The restitution is organized between the Inventor or the Partner and the Loser.
14.6 ATLANTIS in no way guarantees the integrity of the objects and their components. For devices containing data storage spaces and/or software, ATLANTIS provides no guarantee on the condition of the data or software contained in the returned objects, on the conditions of access and the proper functioning of these elements.
14.7 In the event of difficulties altering the operation of the France Objets Trouvés Site, ATLANTIS undertakes to make every effort to restore the continuity of the operation of the said site. However, given the complexity of the technical chain implemented, ATLANTIS cannot guarantee full continuity of operation and access to the France Objets Trouvés Site.
14.8 Use of the France Objets Trouvés Site is not covered by a specific service guarantee. In the event of a malfunction, ATLANTIS reserves the right to temporarily suspend access to its services for technical or maintenance reasons without these operations giving rise to any compensation. ATLANTIS undertakes to make its best efforts to limit this type of interruption.
14.9 In no event shall ATLANTIS be liable for (1) damage resulting in whole or in part from a breach by the User of its own obligations, (2) damage resulting from non-compliant use of the France Objets Trouvés Site. under the conditions defined in these T&Cs or, (3) indirect or unforeseeable damages that may result from the use or operation of all or part of the France Objets Trouvés Site.
ARTICLE 15 – INTELLECTUAL PROPERTY RIGHTS
15.1 The France Objets Trouvés Site is protected by the intellectual property rights belonging to ATLANTIS and or its third-party partners. ATLANTIS is notably the owner of the sui generis right of the databases on the France Objets Trouvés Database. "France Objets Trouvés" is a trademark registered with the INPI under number 3883105. Any reproduction, representation, extraction, reuse in whole or in part of the France Objets Trouvés Site is prohibited, except with prior authorization obtained from ATLANTIS and/or from his partners. Any unauthorized use of said protected objects is likely to constitute an infringement that may engage the civil and criminal liability of its author.
15.2 The user license granted to Users is limited solely to Use for private purposes and to consultation of the France Objets Trouvés Database for the sole purposes provided for in these T&Cs. In particular, no extraction of data from the France Objets Trouvés Database, nor any reuse for commercial purposes of all or part of the France Objets Trouvés Site is authorized without the prior written consent of ATLANTIS.
15.3 The signs that appear on the France Objets Trouvés Site are the property of ATLANTIS, or its Partners. Any use of said signs is prohibited without prior authorization from ATLANTIS or its Partners.
ARTICLE 16 – SITE ACCESS LICENSE
16.1 The license granted to the User is limited to access and use of the France Objets Trouvés Site for personal use.
16.2 The content of the France Objets Trouvés Site may not be modified, copied, distributed, framed, reproduced, downloaded, displayed, published, transmitted or sold in any form or by any means whatsoever, in whole or in part, without the written agreement prior to ATLANTIS.
16.3 Any use of the France Objets Trouvés Site other than that provided for herein, or in contravention of applicable law or the rights of third parties is strictly prohibited and will result in the User's removal and liability in accordance with applicable laws and provisions.
ARTICLE 17 – CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA
17.1 ATLANTIS ensures the confidentiality of the personal data entrusted to it in compliance with the legal and regulatory provisions in force. The information collected by ATLANTIS is subject to computer processing intended to enable the management of the service accessible via the France Objets Trouvés website. Said processing has been declared to the CNIL under no. 1652142.
17.3 ATLANTIS does not have access to the User's password or credit card number.
17.4 All payments in connection with the France Objets Trouvés Platform are encrypted using the Secure Socket Layer (SSL) protocol.
ARTICLE 18 – APPLICABLE LAW AND COMPETENT JURISDICTION
18.1 These Terms are subject to French law.
18.2 Unless there are mandatory provisions to the contrary, any dispute relating to the validity, interpretation or execution of these T&Cs falls within the jurisdiction of the courts of Grenoble, notwithstanding multiple defendants or warranty claims, even for emergency procedures or precautionary proceedings, in summary proceedings or by request.
18.3 In the event of a dispute arising during the interpretation or execution of these T&Cs, the electronic data stored on the France Objets Trouvés Site shall constitute proof, until proven otherwise, of the use of the services. This electronic data therefore constitutes admissible, valid and enforceable evidence against Users under the same conditions and with the same probative force as any document which would be drawn up, received or kept on paper.
ARTICLE 19 – SEVERABILITY OF CLAUSES
19.1 The nullity, lapse, lack of binding force or unenforceability of any of the stipulations of these T&Cs does not entail the nullity, lapse, lack of binding force or unenforceability of the other stipulations. which will retain all their effects.
19.2 The fact that ATLANTIS does not avail itself at a given time of one of the clauses hereof cannot constitute a waiver to avail itself of these same clauses at a later date.
ARTICLE 20 – SHIPPING
The expeditions respond to the CGVs which can be consulted here .
ARTICLE 21 – Terms of publication and processing of online reviews
The procedures for publishing and processing online reviews can be viewed here .
ARTICLE 22 – LEGAL NOTICES
22.1 This site, accessible from the URL address https://www.franceobjetstrouves.fr/ is published by SAS ATLANTIS (hereinafter "FRANCE OBJECTS TROUVES"). It is the property of ATLANTIS, (SAS) with a share capital of 39,000 euros, registered in the Grenoble Trade and Companies Register under number 815409990 and whose intra-community VAT number is: FR77815409990
22.2 The publication director of this site is Mr Alain FRANCIOSA, as manager of SAS ATLANTIS.
22.3 Contact details:
Address: 9 chemin du Vieux Chêne, 38240, Meylan, France
22.4 Site hosting:
Address: 114 rue ambroise croizat, 93200, Saint-denis
Telephone: 01 48 17 65 00
22.5 The graphic design of the website is developed by ATLANTIS SAS.