Terms and conditions of use

1 Introduction

The "Focal Powered by Naim", "Focal" and "Naim" websites (hereinafter referred to as the "Sites") are published by Vervent Audio Group (hereinafter referred to collectively as the "Group", "we", "us" and "our"), a société par actions simplifiée (simplified joint stock company), registered under number 801 358 235 in the Saint-Etienne Trade and Companies Register, with its registered office at 108 rue de l'Avenir, 42350 La Talaudière.

Use of the Sites is subject to these general conditions of use (hereinafter referred to as the "Conditions of Use"). By using the Sites, you acknowledge that you have read, understood and accepted without reservation the Terms of Use, as well as the Personal Data Protection Policy and the Cookies Policy.

The Terms of Use, the Privacy Policy and the Cookie Policy may be updated at any time, at our sole discretion, particularly in the event of technical, legal or jurisprudential developments. You are bound by the versions in force at the time you use the Sites. We advise you to keep yourself regularly informed of any changes. Your continued use of the Sites following the posting of changes will mean that you accept those changes.

You can check the current version of the Terms of Use, the Personal Data Protection Policy and the Cookie Policy at any time by visiting the "Terms of Use", "Personal Data Protection Policy" and "Cookie Policy" sections, respectively, at the bottom of the Sites.

2 Intellectual property

All content on the Sites and, in particular, computer code, designs, texts, artistic elements, audio, video, graphics, images, music, user interfaces, works of authorship of any kind, data trademarks, logos, patents, designs and models, domain names, signs, trade names, company names, copyrightsor other elements without this list being exhaustive (hereinafter collectively referred to as the "Content") which are displayed, generated, provided or made available via the Sites are the exclusive property of the Group or its subsidiaries.

Except as expressly provided in the Terms of Use, you may not copy, reproduce, republish, upload, publish, publicly display, encode, translate, transmit or distribute in whole or in part by any means, including "mirroring", to any other computer, server, website or medium for publication or distribution, or for any commercial enterprise whatsoever, without the prior written consent of the Group or its subsidiaries.

You may use information on the products of the Group's subsidiaries, such as product sheets, user manuals, quick start guides and any other documents that we make available on the Sites for downloading, provided that: (i) you do not remove any copyright notices from copies of such documents, (ii) you use such information for your own personal, non-commercial use and you do not copy or post such information on any networked computer or broadcast it in any media whatsoever, and (iii) you do not make any modifications to such information.

You may not remove any copyright, trademark or other proprietary rights notices from the Sites or any Content contained therein. You may make a single copy of the web pages published on the Sites for your private, personal and non-commercial use, provided that any copy of such web pages retains all copyright and other proprietary notices contained therein.

3 Use of the Sites

Access to the Sites

Any use of the Sites by a minor is carried out under the sole responsibility of the minor's legal guardian(s). The Group shall not be held liable for any damage caused by the use of the Sites by a minor.

Purpose of the Sites

The Websites allow you to explore the Focal and Naim product catalog, the pages concerning our partnerships, the playlists that we make available to you, to create a personal account, to register your Focal and Naim products in order to obtain the corresponding warranty certificate, to access the Store Locator or to keep yourself informed by consulting the news pages on the Group and the Focal and Naim brands or by subscribing to our newsletter.

Creating an account

To create an account (hereinafter referred to as the "Account"), you must :

- Provide your last name, first name, e-mail address and country of residence;

- Accept the Privacy Policy and Terms of Use;

- Be of legal age in the country where the Sites are used;

The creation of an Account implies the provision of an identifier and the choice of a personal and confidential password. You undertake not to divulge your password to third parties and to take all necessary precautions to prevent third parties from gaining access to it. You agree to notify the Group immediately of any loss or misuse of your password and to change your login details immediately. In such a case, you authorize the Group to take any appropriate action (for example, resetting the password or suspending access to the Account). Failing this, and without proof to the contrary, any connection or transmission of orders or data made using the password will be deemed to have originated from the user and will be under his or her exclusive responsibility. In such a situation, the Group may not be held liable for any disclosure or usurpation of the user's password, or for any consequences that may arise therefrom.

In accordance with regulations on personal data, you have the right to rectify and delete any personal data you have communicated to the Group. If you believe that any information in our possession concerning you is inaccurate or incomplete, or if you wish to have this information deleted, you may request rectification or deletion at any time by e-mail: [email protected] or by post to the following address: Vervent Audio Group, Service Communication, BP 374, 108, rue de l'Avenir 42350 La Talaudière Cedex, for the attention of the Webmaster.

Once you have created your Account, you will have a personal space for which you are solely responsible.

You undertake to use the Sites in accordance with the Terms of Use and, more generally, in compliance with current legislation, public order and accepted standards of behaviour. You agree not to transmit through the Sites or by any other means that may affect the proper functioning of the Sites any unsolicited advertising or material ("spamming"), or any content containing computer viruses.

Finally, the Group reserves the right to take legal action against any person who fails to comply with the provisions of articles 323-1 to 323-8 of the French Penal Code or any article replacing them, and in particular who fraudulently accesses all or part of an automated data processing system in the areas and services of the Sites.

Newsletter registration

The Sites allow you to subscribe to the Focal and/or Naim newsletter. To do so, you must :

- Provide the e-mail address to which you wish to receive the newsletter;

- Tick the box corresponding to the newsletter(s) (Focal and/or Naim) to which you wish to subscribe;

- Accept the Personal Data Protection Policy and the Cookies Policy.

Contact forms

The Sites allow you to contact us via various forms. These forms enable you to contact a distributor, a Focal powered by Naim point of sale or any other type of retailer, our press agencies, various internal departments of Focal and/or Naim (for example: after-sales service, communications department, sales department, etc.).

4 Links

The Sites may include links to other websites or Internet sources operated by third parties not affiliated with the Group. These sites or sources are not under our control, and we cannot be held responsible for the availability of these external sites and sources, nor can we be held responsible for the content, advertising, products, services or any other material available on or from these external sites or sources. Furthermore, we cannot be held liable for any damage or loss, whether actual or alleged, arising from or in connection with the use of or reliance on the content, goods or services available on such external sites or sources.

5 Limitation of liability

The Sites are provided "as is"; the Group disclaims all warranties with respect to the Sites.

In no event will the Group be liable to any party for any damages whatsoever, whether consequential or non-consequential, arising out of the use or inability to use the Sites.

We also disclaim all liability:

- For any inaccuracies or omissions in the information available on the Sites;

- For any temporary or long-term unavailability of the Sites and associated services;

- Malicious programs (in particular computer viruses or bugs);

- For any inappropriate use of the Sites or Contents;

- For any damage resulting from fraudulent intrusion by a third party leading to modification of the information made available on the Sites.

This limitation of liability applies to the fullest extent permitted by law.

6 Warranty

To the fullest extent permitted by law, we expressly exclude all warranties of any kind, including but not limited to any implied warranties of merchantability, fitness for a particular purpose or non-infringement.

7 General provisions

The illegality, invalidity or unenforceability of any of the obligations or provisions of the Terms of Use shall not affect the legality, validity or enforceability of the remaining provisions. The waiver by the Group or its affiliates of any breach of any provision of the Terms of Use shall not be construed as a waiver of any other or subsequent breach.

The Terms of Use constitute the entire agreement between you and the Group and its subsidiaries concerning the use of the Sites. They supersede and extinguish all prior agreements, proposed agreements, understandings, undertakings or collateral agreements of any nature whatsoever, whether oral or written, between the parties with respect to such subject matter.

8 Applicable law and jurisdiction

The Terms of Use shall be governed by and construed in accordance with the laws of France, excluding its conflict of laws rules.

In the event of any dispute, controversy or claim arising out of or in connection with the Terms of Use, including but not limited to the validity, invalidity, breach or termination thereof, you may have recourse to a conventional mediation procedure or any other alternative dispute resolution procedure.

Any dispute concerning the validity, interpretation or execution of the Policy shall be submitted to the exclusive jurisdiction of the competent courts.

9 Contact

If you have any questions or complaints about the Terms of Use, you can contact us by :

- e-mail: [email protected].

- by post: Vervent Audio Group, Service Communication, BP 374, 108, rue de l'Avenir 42350 La Talaudière Cedex.