GENERAL TERMS AND CONDITIONS OF USE
BOONE COMENOR METALIMPEX
FOREWORD
BOONE COMENOR METALIMPEX, a simplified joint stock company with a share capital of 864,993 euros, registered in the Lille Trade and Companies Register under number B 316 917 392, whose registered office is located at 45 rue Pasteur – 59520 Marquette-lez-Lille, in the person of its legal representative duly authorised to act for the purposes of this document (hereinafter referred to as the OPERATOR), produces and operates the Internet platform accessible at the following address: https://metalimpexgroup.com/ (hereinafter the
WEBSITE). The OPERATOR publishes and operates the WEBSITE which presents the services of the “BCM DIGITAL PLATFORM” offer and enables the USER to view the data shared by BCM. The “BCM DIGITAL PLATFORM” offer is a set of services that enable the viewing of activity and revenue data from the subjects in question, providing market index monitoring and access to the catalogue of materials offered by BCM, as well as a contact channel. These General Terms and Conditions of Use govern the use, by any USER, of the WEBSITE and the associated
features. These GTCs can be viewed and downloaded at the following URL address:
https://metalimpexgroup.com/cgu/
ANY USE OF THE WEBSITE FOR ANY PURPOSE WHATSOEVER IMPLIES THE USER’S UNRESERVED ACCEPTANCE OF THESE GENERAL TERMS AND CONDITIONS OF USE (GTCs).
1. DEFINITIONS
The terms mentioned below have the following meaning in these General Terms and Conditions of Use (hereinafter
“GTCs”): “CONTRACT” or “GENERAL TERMS AND CONDITIONS OF USE” or “GTCs”: means these Contractual Terms and Conditions and their appendices, made available on the WEBSITE to govern the use of the WEBSITE by any USER. “WEBSITE”: refers to the Internet WEBSITE https://www.metalimpexgroup.com/.
The WEBSITE includes all the web pages, electronic elements and features offered to USERS. “USER”: means any legal entity accessing and browsing the WEBSITE.
2. PURPOSE
2.1. Purpose of the PLATFORM
The purpose of the WEBSITE is to allow USERS to:
– Find out about all the services offered by the “BCM DIGITAL PLATFORM”;
– View the activity and revenue data from the materials in question,
– Follow the market indexes for those materials,
– Access the catalogue of materials offered by BCM,
– Contact the “BCM DIGITAL PLATFORM” staff;
2.2. Purpose of the GTCs
The purpose of these GTCs, concluded between the OPERATOR on the one hand, and the USER on the other hand (hereinafter collectively referred to as “the PARTIES”), is to set out the contractual provisions relating to the respective rights and obligations of the PARTIES within the context of the use of the WEBSITE.
3. ACCEPTANCE OF THE GTCS
The use of the features of the WEBSITE and the associated features implies acceptance of these GTCs. For this reason, the USER undertakes to read these GTCs carefully when accessing the WEBSITE and is invited to download and print them, and keep a copy.
4. TECHNICAL SPECIFICATIONS
By using the WEBSITE, the USER acknowledges that he/she has the necessary means and skills to use the WEBSITE. The equipment required to access and use the WEBSITE is at the USER’s expense, as are the telecommunications costs incurred by their use.
5. ROLE OF THE OPERATOR
The OPERATOR publishes and operates the WEBSITE, which presents all the services of the “BCM DIGITAL
PLATFORM” offering and enables the USER to view the supplied data, via appropriate dashboards and graphs on the areas of activity, turnover and market indexes for the materials.
6. FEATURES PROVIDED ON THE WEBSITE
6.1. Features available to all USERS
Any USER may access the WEBSITE once access has been granted by “BCM DIGITAL PLATFORM” staff.
6.1.1. Home page
From the WEBSITE’s home page, the USER has access to a dashboard presenting indicators of material volumes and revenue, for the selected scope of entities and types of contracts (services and/or recycling).
6.1.2. Statistics page
All USERS of the WEBSITE may view the statistics concerning the scope of their company entities and types of
contracts (services and/or recycling) for data on material volumes, turnover, and materials indexes.
6.1.3. BCM Catalogue Page
All USERS of the WEBSITE may consult the list and characteristics of the materials offered by BCM.
6.1.4. Contact form
Any USER of the WEBSITE may send a message to the OPERATOR via the “Contact Us” form.
7. OBLIGATIONS
7.1. USER Obligations
When using the WEBSITE, each USER undertakes not to undermine public order and to comply with the laws and
regulations in force, and to respect the rights of third parties and the provisions of these GTCs.
Each USER is obliged:
– To act in good faith towards the OPERATOR, other USERS and third parties;
– To be honest and sincere in the information provided to the OPERATOR when requesting contact or a
quote;
– To use the WEBSITE in accordance with its purpose as described in these GTCs;
– Not to subvert the purpose of the WEBSITE to commit crimes, offences or contraventions punishable by
the Penal Code or any other law;
– To respect the privacy of third parties and the confidentiality of interactions;
– Not to seek to cause harm to the automated data processing systems implemented on the WEBSITE in
the sense of Articles 323-1 et seq. of the French Penal Code;
– Not to use the WEBSITE to send unsolicited mass messages (advertising or other);
– Not to disseminate data that would diminish, disorganise, slow down or interrupt the normal functioning of
the WEBSITE.
In compliance with the legal and regulatory provisions in force, and in accordance with the law of 29 July 1981 on
freedom of the press, the USER undertakes not to disseminate any message or information that:
– constitutes wrongful denigration of the OPERATOR;
– is contrary to public order and morality;
– is offensive, defamatory, racist, xenophobic, revisionist or damaging to the honour or reputation of others;
– incites discrimination or hatred of a person or group of persons on the grounds of their origin or their
membership or non-membership of a particular ethnic group, nation, race or religion; is threatening towards a person or group of persons;
– is of a paedophile nature;
– constitutes an incitement to commit an offence, a crime or an act of terrorism, or advocates war crimes or
crimes against humanity;
– constitutes an incitement to suicide;
– enables third parties to obtain, whether directly or indirectly, pirated software, software serial numbers,
software that facilitates acts of piracy and intrusion into computer and telecommunications systems,
viruses and other logic bombs and, in general, any software or other tool enabling the rights of others and
the security of persons and property to be infringed.
7.2. Obligations of the OPERATOR
7.2.1. Hosting - Availability
The OPERATOR undertakes to do everything in its power to make the WEBSITE and its features accessible 24
hours a day, 7 days a week, except in the event of force majeure or an event beyond the OPERATOR’s control,
and subject to any breakdowns or maintenance operations necessary for the proper functioning of the WEBSITE. However, the OPERATOR shall not be held liable for any disruptions, interruptions or anomalies that are not of its making and that affect data flows via the Internet network and more generally via the communication network, regardless of the extent and duration thereof.
It is furthermore specified that the OPERATOR reserves the right to temporarily interrupt access to the WEBSITE for maintenance reasons, for making improvements and installing new features, for auditing the site’s correct
operation, or in the event of malfunction or threat of malfunction.
The OPERATOR shall not be held liable, or considered to have failed to comply with these provisions, for any delay or non-performance in cases where the cause of the delay or non-performance is linked to a case of force majeure as defined by case law for the French courts and tribunals.
8. INTELLECTUAL PROPERTY
8.1. Ownership of intellectual property rights related to the OPERATOR
The USER acknowledges the intellectual property rights of the OPERATOR to the WEBSITE, its components and the contents thereof and waives the right to contest these rights in any form whatsoever. The trademarks, written copy, logos, slogans, graphics, photographs, animations, videos, software solutions, databases and software components of the WEBSITE belong to the OPERATOR and may not therefore be reproduced, used or represented without prior express authorisation, under penalty of legal proceedings. Any representation or reproduction, in whole or in part, of the WEBSITE, of the data contained therein, and of the contents accessible therein, by any process whatsoever, without the prior express authorisation of the OPERATOR, is prohibited and may result in legal proceedings. Specifically, the OPERATOR expressly prohibits:
– Any form of “scraping” or similar techniques;
Extraction, via permanent or temporary transfer, of all or a qualitatively or quantitatively substantial part of
the contents of a database to another medium, by any means and in any form whatsoever;
– The repeated and systematic extraction or reuse of qualitatively or quantitatively insubstantial parts of the
content of the WEBSITE’s database;
– Reuse of database content by making all, or a qualitatively or quantitatively substantial part, of the content
of the database available to the public, in whatever form.
Acceptance of these GTCs implies recognition by USERS of the OPERATOR’s intellectual property rights and the
commitment to respect them.
9. RESPONSIBILITIES
9.1. General principles
The OPERATOR shall not be held liable under any circumstances:
– in the event of a temporary inability to access the WEBSITE as a result of technical maintenance work or updates to the information published. USERS acknowledge that the OPERATOR shall not be held liable in the event of malfunctions or interruptions in the said transmission networks or in the computer
equipment of the PLATFORM’s USERS;
– in the event of virus attacks;
– in the event of abnormal use or illicit exploitation of the WEBSITE;
– with regard to the content of third-party websites referenced by hyperlinks on the WEBSITE;
– in the event of non-compliance with these GTCs attributable to USERS;
– in the event of delay or non-performance of its obligations in cases where the cause of the delay or nonperformance is linked to force majeure;
– in the event of an external cause not attributable to the OPERATOR;
9. RESPONSIBILITIES
9.1.General principles
The OPERATOR shall not be held liable under any circumstances:
– in the event of a temporary inability to access the WEBSITE as a result of technical maintenance work or updates to the information published. USERS acknowledge that the OPERATOR shall not be held liable in the event of malfunctions or interruptions in the said transmission networks or in the computer
equipment of the PLATFORM’s USERS;
– in the event of virus attacks;
– in the event of abnormal use or illicit exploitation of the WEBSITE;
– with regard to the content of third-party websites referenced by hyperlinks on the WEBSITE;
– in the event of non-compliance with these GTCs attributable to USERS;
– in the event of delay or non-performance of its obligations in cases where the cause of the delay or nonperformance is linked to force majeure;
– in the event of an external cause not attributable to the OPERATOR;
10. ROTECTION OF PERSONAL DATA
Each Party warrants to the other Party that it will comply with its legal and regulatory obligations with regard to its
role in the protection of personal data.
10.1. Regarding the processing operations carried out by the OPERATOR
In the course of operating the WEBSITE, the OPERATOR may collect personal data from USERS.
These data are necessary for managing the WEBSITE and for the contact request and quote request features.
In this respect, the USER is invited to view the OPERATOR’s Privacy Policy, which is available at the following address: https://www.metalimpexgroup.com//cgu/ which will provide further information on the protection of personal data and the processing operations conducted via the WEBSITE. It should be remembered that the USER whose personal data is processed has the right to access, rectify, update, portability and delete information concerning him/her, in accordance with the provisions of Articles 39 and 40 of the amended Data Protection Act, and the provisions of Articles 15, 16 and 17 of the European General Data Protection Regulation (GDPR). In accordance with the provisions of Article 38 of the amended Data Protection Act and the provisions of Article 21 of the GDPR, the USER may also, for legitimate reasons, object to the processing of data concerning him/her, without supplying a reason and without charge.
The USER may exercise these rights at any time:
– Either via the contact form on our website https://www.metalimpexgroup.com/
– Or by sending a letter to the following address:
BOONE COMENOR METALIMPEX – Direction Digital
45 rue Pasteur
59520 Marquette-lez-Lille
In the event of difficulties, the USER may send a request by email to the Data Protection Officer (DPO) of SUEZ RV France, to which BCM is legally attached: privacy.france@suez.com ..
USERS who continue to experience difficulties have the right to lodge a complaint with France’s Commission Nationale de l’Informatique et des Libertés (CNIL) data protection authority. The USER is invited to visit the CNIL website to find out more about his or her rights, accessible at the following address: https://cnil.fr.
To find out about the nature of the cookies and other trackers implemented on the PLATFORM, the USER is invited to view the OPERATOR’s Cookie Management Policy, which can be accessed at the address:
https://metalimpexgroup.com/cookies
11. VALIDITY OF THE GTCS
Should any of the provisions of these GTCs be declared null and void with regard to a legislative or regulatory provision in force and/or a court decision having the force of res judicata, it shall be deemed not to have been written, but will in no way affect the validity of the other clauses, which will remain fully applicable. Such a modification or decision does not authorise USERS to disregard these GTCs.
12. MODIFICATION OF THE GTCS
These GTCs apply to all USERS browsing the WEBSITE.
GTCs JUNE 2020
© BOONE COMENOR METALIMPEX- All rights reserved 2023
BOONE COMENOR METALIMPEX, a simplified joint stock company with a share capital of 864,993 euros, registered in the Lille Trade and Companies
Register under number B 316 917 392, whose registered office is located at 45 rue Pasteur – 59520 Marquette-lez-Lille – FRANCE
The OPERATOR reserves the right to update and modify these GTCs at any time, and in particular to adapt to legislative or regulatory changes.
The GTCs applicable are those in force at the time of the USER’s browsing on the WEBSITE.
13. GENERAL PROVISIONS
No statement or document shall create any obligation not contained in these GTCs unless it is agreed upon by the
PARTIES. The fact that either of the PARTIES has not required the application of any provision of these GTCs, whether this be in a permanent or temporary manner, may not in any event be considered as a waiving of the said provision.
In the event of any difficulty of interpretation between any of the headings at the beginning of the clauses and any of the clauses themselves, the headings shall be declared non-existent.
14. JURISDICTION AND APPLICABLE LAW
THESE TERMS AND CONDITIONS OF USE ARE GOVERNED BY FRENCH LAW. IN THE EVENT OF A DISPUTE, FRENCH COURTS WILL HAVE SOLE JURISDICTION.
In the event of a dispute between the OPERATOR and a USER concerning the interpretation, performance or termination of this agreement, the PARTIES shall endeavour to resolve the dispute amicably.
In the event that mediation fails or is not considered as an option, the dispute which could have resulted in mediation will be referred to the competent court designated above.
Contact 
