Mentions légales

Publishing Director

ADOVA Group Website Publisher The www.simmons.fr website is the property of FR Bedding SAS (simplified joint stock company) with a registered capital of 1,000 euros Head office: 45 rue du Cardinal Lemoine, 75005 Paris, France Trade and company register (RCS) PARIS 820 274 041 Website Publishing Director: Charles-Henri Déon

Website hosting

NEXYLAN, SAS (simplified joint stock company) with a registered capital of 150,000 euros, registered with the Lille Métropole Trade and company register (RCS) under number 517 884 722, headquartered at 274 ter avenue de la Marne — 59700 MARCQ-EN-BAROEUL, FRANCE

Website access

Access to the Website is open to all users, natural persons, non-professionals, 24/7, except in the event of force majeure and subject to maintenance operations of the Website or issues related to the structure of the communication networks.

The use of the Website is completely free. However, users are fully liable for the equipment (computer, telephone, software, telecommunications, etc.) they use to access the Website as well as for Internet connection costs.

Users are personally responsible for the know-how required to use the Internet and to access the Website. To access specific services provided on the Website, users must enter a username and password of at least 6 alphanumeric characters. These access codes allow users to access their personal space. Users are responsible for the use of their access codes, which they undertake not to disclose to any third parties. In the event of loss and/or fraudulent use of access codes by a third party, the user concerned undertakes to inform the Publisher as quickly as possible. In any event, the Publisher cannot be held liable for any use by third parties of the elements displayed in personal spaces of the Website or for any damage resulting from a fraudulent intrusion by a third party causing modification of the information made available therein.

Compliance with Legislation and Public Order

It is forbidden for any user to use the Website and/or its content to disseminate the content contrary to public order and morality and to any legislative or regulatory provision in force. In particular, users are prohibited from publishing, as regards the Website:

• any information infringing the personality rights of third parties, or of an abusive, defamatory, racist or xenophobic nature, or damaging to the honour or reputation of others, or inciting discrimination or racial hatred, or threatening a person or group of persons, or of a pornographic or paedophile nature;

• any information of a violent nature, or which glorifies war crimes, or which is abusive or rude; - any information that infringes legislation on intellectual property rights;

• any information of a commercial or advertising nature (except with the prior, explicit written consent of the Publisher);

• any information infringing the legislation on personal data protection.

Personal data

Specific Website elements may require users to register beforehand. In such a case, personal data will be requested from users, including first name and last name, postal address and email address. Users are, moreover, informed that during visits to the Website, cookies may be automatically stored on their browsing software. A cookie is a block of data that does not identify the user individually; however, it records information relating to browsing (the pages visited, the date and time of the visits, etc.) that can be read during subsequent visits. For example, cookies make access to the Website easier by eliminating the need for users to enter their logon credentials every time they visit the Website. The use of cookies also enables the Publisher to assess the traffic and improve the use of their Website. Users declare they have been informed of this and permit the Publisher to use it. Users can, if so desired, disable cookies by editing their preferences in their browser. Moreover, the information collected may be subject to data processing for the purpose of data management for commercial purposes (customer relations, prospecting, order processing, etc.). This processing has been declared to the CNIL (French Data Protection Authority) under the simplified standard No.48 (deliberation No.2005-112 of 7 June 2005). Pursuant to Articles 32 et al of the French Data Protection Act (Loi Informatique et Libertés), (Act No.78-17 of 6 January 1978 amended by Act 2004-801 of 6 August 2004 on data protection), users have the right to access, modify and delete their data. These rights may be exercised by contacting the Publisher.


Liability

The Publisher will strive to implement any means required to ensure the Website remains accessible to users. However, the Publisher can in no way be held liable in the event that one or several users are unable to log onto the Website as a result of a technical failure, a bug or any other issue related in particular to network congestion. As such, the Publisher cannot be held liable in the event that users are unable to use the Website, in whole or in part, for any reason whatsoever, in particular during periods when the information is being updated and/or the programmes required for the Website to work correctly are being improved or Website features extended.

The Publisher also disclaims any liability in the event of interruption or malfunction of the Internet network. The Publisher, moreover, reserves the right to cease operating the Website at any time and without notice.

Transfer rates and the response times of information transmitted between the Internet network and the Website platform are not guaranteed by the Publisher. Information transmission speed is not dependent on the access services provided by the Publisher, but on characteristics inherent to online networks relating to the technical means for absorbing the traffic generated. The Publisher reminds users of the characteristics and limits of the Internet network and cannot be held liable for any consequences related to users logging onto this network via the Website.

More specifically, the Publisher cannot be held liable for any material or immaterial damage caused to users, to their computer equipment or the data stored within, or for consequences that may result from this on their activity.

The Publisher cannot be held liable for hypertext links to other resources on the Website or on the Internet network or for the contamination of computer equipment or the spread of a virus or other computer infections. The Publisher cannot be held liable for the content of these third-party websites or the content to which these third-party websites redirect. Moreover, the Publisher cannot be held liable for the content, products, advertising or any other element or service published on these websites.

Affiliated and non-affiliated websites are subject to their own terms and conditions of use and data protection. As such, the Publisher cannot be held liable for any proven or alleged damage or loss resulting from or in connection with the use of or reliance on any content, goods or services available on such sites. Users are solely responsible for their use of the Website and any risks that may result from this use.

Intellectual property

The creation, layout and content of the Website are the exclusive property of the Publisher. All data, texts, information, images, photos and any other content disseminated on the Website are subject to protection under the French Intellectual Property Act, which may give rise to civil and criminal penalties.

Consequently, the user cannot in any case reproduce, represent, copy, adapt, alter, modify, download or broadcast all or part of the content of the Website or introduce content that would infringe the data contained on the Website.

In particular, any total or partial representation of the content of the Website by any means whatsoever, including reproduction of the HTML code, without the prior, explicit written consent of the Publisher is prohibited and would constitutes an infringement punishable by law.

More specifically, any total or partial reproduction of the trademarks or logos of the Publisher, or its partners, sourced from the elements of the Website, without the prior explicit written consent of the Publisher or the owner of the logo or the relevant trademark is prohibited by law..