Legal notice

I. LEGAL NOTICES

Publishing company: SEKAYA, a simplified joint-stock company (SAS) with a capital of 1 000 € whose registered office is located at 38 Cours Albert 1^er – 75008 PARIS, registered with the Paris Trade and Companies Register under number 889 278 057 and whose intra-community VAT number is FR 18 889 278 057 (hereinafter referred to as " SEKAYA ".

E-mail : sav@muscintime.com

Publishing Director: Karim Gharet
Editorial manager: SEKAYA Marketing Department

The website was created by the agency Start.&Brand.

The site is hosted by Shopify Inc., whose head office is located at 126 York St. Ottawa, ON K1N 5T5, Canada.

II. GENERAL TERMS OF USE

ARTICLE 1. PURPOSE OF THE SITE

The Site www.muscintime.fr (hereinafter referred to as the " Site ") is an e-commerce site that offers to any person browsing the Site (hereinafter the " User ") the sale of dermo-cosmetic products and accessories under the brand name " INTIMATE MUSIC » (hereinafter referred to as the « Products ".

These general terms and conditions of use (hereinafter referred to as " Terms of Use " specify the conditions of use of the Site and are deemed accepted without reservation by the User upon accessing the Site.

The User and SEKAYA are hereinafter referred to collectively as " Parts or individually Part "

ARTICLE 2. SITE OPERATION

The Site is normally accessible 24 hours a day, 7 days a week except in cases of force majeure or events beyond SEKAYA's control.

Furthermore, the Site's operation may be temporarily degraded or interrupted, in whole or in part, for all or some Users, due to, in particular, maintenance, updates, or technical improvements, without prior notice. As SEKAYA makes no commitment regarding the Site's performance, SEKAYA cannot be held liable.

SEKAYA cannot be held liable for any failure, inability to access, or malfunction of the Site attributable to unsuitable equipment, malfunctions of the User's internet service provider, or malfunctions of the internet network. The same applies to any other reasons beyond SEKAYA's control.

Furthermore, the User acknowledges that the characteristics and limitations of the internet network do not allow for a guarantee of the complete security, availability, and integrity of data transmissions. Consequently, SEKAYA does not guarantee that the Site will operate without interruption or error.

Finally, since the internet is accessible to everyone and, in particular, to malicious individuals, the User acknowledges that SEKAYA cannot guarantee the absolute confidentiality of correspondence exchanged through the means made available to it on the Site.

ARTICLE 3.USER OBLIGATIONS AND WARRANTIES

By accessing the Site, the User agrees to and guarantees the following:

• access and use the Site in good faith, reasonably and in a manner that does not contravene these Terms of Use;
• never use mechanisms or software other than those provided by SEKAYA intended to i) affect or attempt to affect the proper functioning of the Site ii) or extract, modify, consult, even in cache or temporary memory, or for personal purposes, all or part of the Site;
• never access and/or use the Site for unlawful purposes and/or with the intention of damaging the reputation and/or image of SEKAYA and/or that of Users, or more generally, violate any of the rights of SEKAYA and/or third parties, including those of Users, and in particular intellectual property rights;
• not to market access to the Site directly or indirectly;
• not to reuse or exploit all or part of the Site, in particular for commercial and/or collective and/or personal purposes in any form and/or medium whatsoever that has not been authorized by SEKAYA;
• not to reproduce, represent all or part of the Site for personal purposes outside of the legal exceptions provided for, in particular, by the Intellectual Property Code, or for direct or indirect commercialization, in particular to third parties.
• not to limit access to and use of the Site;
• do not modify, including in buffer or temporary memory, any mention or element of the Site;
• ensure that the use of the Site does not affect or compromise the stability, security and quality of the Site, networks, bandwidth or infrastructure of SEKAYA, for other Users and/or third parties;
• not to contravene the provisions of articles 323-1 to 323-7 of the Penal Code which punish piracy practices.

In the event of non-compliance with any of these obligations, without this list being exhaustive, the User is informed that SEKAYA will be entitled to refuse or unilaterally suspend, without prior notice, access to all or part of the Site.

ARTICLE 4. LIMITATION OF LIABILITY

The User is solely responsible for their use of the Site.

SEKAYA strives to keep the Site's content up to date as much as possible.

SEKAYA cannot guarantee the accuracy and completeness of the information relating to the Products presented on the Site. It recommends that Users refer to the specific characteristics of the Products listed in each Product description.

Users can send an email to SEKAYA directly at the address sav@muscintime.com if they have any further questions or require additional information.

In the event of a clear error, particularly regarding the characteristics of a Product and its representation, the User agrees to notify SEKAYA of the error by email to the following address: sav@muscintime.com.

ARTICLE 5. DATA PROCESSING AND FREEDOM OF INFORMATION

5.1. Protection of personal data

Within the framework of the contractual relationship, SEKAYA is required to collect and process Personal Data concerning the Customer, necessary in particular for the management of orders, payment, delivery of products and after-sales service.

These processing operations are carried out in accordance with applicable regulations regarding the protection of personal data and the provisions of SEKAYA's Privacy Policy, which is accessible at any time on the Website: https://muscintime.fr/policies/privacy-policy.  

This Privacy Charter describes in detail the Data Controller, the Purposes of the Processing, their legal bases, the Recipients of Personal Data, the retention periods, as well as the rights available to the Client under the General Data Protection Regulation (GDPR) and the Data Protection Act.

The Client is invited to consult this Privacy Policy to obtain complete information on the Processing of their Personal Data and on the methods of exercising their rights (access, rectification, erasure, objection, limitation, portability, withdrawal of consent and post-mortem directives).

For any questions relating to his Personal Data or to exercise his rights, the Client can contact SEKAYA according to the procedures indicated in the said Charter.

5.2. Use of "cookies"

In order to improve the browsing experience and to offer services tailored to the interests of its Customers, SEKAYA uses cookies and other trackers.

The operating procedures of these tools, the purposes pursued, the retention periods as well as the means made available to the user to accept, refuse or configure these cookies are detailed in the Site's Cookie Policy.

The user is invited to consult this Cookie Policy at any time by clicking on the following link: https://muscintime.fr/policies/privacy-policy. 

Use of the Site implies acceptance of the terms of use of cookies as defined in said Policy.

ARTICLE 6. INTELLECTUAL PROPERTY

SEKAYA holds all intellectual property rights and/or exploitation rights, in particular under copyright, database rights and trademark law, relating to the Site, its content and all its constituent elements.

The Site, as well as the software, database structures, texts, information, analyses, images, photographs, graphics, logos, sounds, trademarks or any other data contained on the Site remain the exclusive property of SEKAYA or, where applicable, of their respective owners with whom SEKAYA has entered into usage agreements.

They may not be reproduced, used or displayed in any way without the express written permission of SEKAYA, under penalty of legal action.

SEKAYA grants the User a non-exclusive, personal, and non-transferable right to use the Site and the original intellectual works and data it contains. This right consists of (i) the right to view the original intellectual works and data contained on the Site online and (ii) the right to reproduce them by printing and/or saving them. This right of use is limited to strictly private use.

Any other use of the Site, and in particular commercial use, by the User is prohibited without the express written authorization of SEKAYA.

The User is prohibited, in particular, but not limited to, reproducing and/or representing for any use other than private, downloading, selling, distributing, broadcasting, translating, adapting, exploiting, disseminating and communicating in whole or in part in any form whatsoever, for commercial or non-commercial purposes, any original work of the mind or data contained on the Site.

Furthermore, the domain name of the Site " muscintime.fr belongs to SEKAYA.

ARTICLE 7. HYPERLINKS

Any hyperlink to the Site, regardless of the type of link, must be authorized in advance by SEKAYA, either in writing or electronically. This authorization may be revoked at any time at SEKAYA's sole discretion. SEKAYA reserves the right to (i) request the removal of any link to the Site that has not been, or is no longer, authorized and (ii) claim damages for any resulting harm.

The Site may include hyperlinks to other websites or internet resources external to the Site.

On the day of their creation, SEKAYA ensured, as far as possible, that these websites and other internet resources did not contain content that violated French law.

However, since SEKAYA cannot continuously monitor these external sites and resources, it cannot ensure that these sites and resources remain permanently compliant with legal requirements.

Consequently, SEKAYA cannot be held responsible for the provision of these external sites and resources except insofar as the page or internet resource to which a hyperlink was created contained content that violated French law at the time of its creation.

SEKAYA therefore cannot be held liable for the content, advertisements, products, and services available on or from these external sites or resources offered after the creation of the hyperlink on its Site. It is expressly agreed that the User bears the burden of proving that the said hyperlink was created after the dissemination of this content, advertisements, products, or services.

Apart from this case, the User therefore acknowledges that SEKAYA cannot be held responsible for any actual or alleged damages or losses resulting from or related to the use of, or reliance on, the content, advertisements, products or services available on these external sites or resources.

If, during a search conducted on the Site, the result leads a User to sites, pages or forums whose title and/or content constitutes an infringement of French law, given in particular that SEKAYA cannot control the content of these external sites and sources, they must interrupt their consultation of the site concerned unless they incur the penalties provided for by French legislation or are liable to legal action initiated against them.

Finally, if, despite SEKAYA's efforts, one of the hyperlinks on the Site leads to a website or internet resource whose content is or appears to be non-compliant with French law, the User agrees to immediately contact the publication director to provide the URL of the pages in question. SEKAYA then undertakes to review the website and inform the User of its intended course of action within a reasonable timeframe.The User agrees not to initiate legal proceedings against SEKAYA before receiving a response from them within a reasonable timeframe. The User also agrees not to initiate legal proceedings against SEKAYA unless SEKAYA refuses to remove the link in question.

ARTICLE 8. GENERAL PROVISIONS

8.1. Assistance – Complaints

For any information, questions, or technical complaints, the User is invited to send their request by email to: sav@muscintime.com.

8.2. Correspondence – Proof

The User expressly acknowledges that the entry of any username and password, or any personal information in the context of an order as a guest constitutes proof of their identity and signifies their consent to all operations which will be carried out on the Site following their identification.

The User must ensure that their email address remains valid during the period of their registration on the Site, otherwise they may no longer be able to access it, particularly in the event of loss of their password.

A User's account is strictly personal and therefore cannot be transferred, by any means whatsoever, to a third party, even free of charge.

The User expressly agrees that SEKAYA's automatic recording systems shall be considered valid proof:

- the use of their username and password, and the dates and times of that use,

- content saved by the User in their personal space,

- the nature, substance, date and time of all correspondence with SEKAYA staff conducted through the Site or the tools offered on the Site,

- and, more broadly, all information exchanged via the Site between SEKAYA and the User.

SEKAYA shall not be held liable for any harm suffered by the User as a result of a third party's use of their login credentials and password. In the event of loss, misappropriation, or fraudulent use of all or part of their login credentials and password, the User must immediately notify SEKAYA. The User remains responsible for any use made of their login credentials and password before notifying SEKAYA and allowing SEKAYA a reasonable timeframe to change them. Should a User disclose or use their login credentials in a manner contrary to their intended purpose, SEKAYA reserves the right to terminate the contract and delete access to their personal account and saved files, without prior notice or compensation. SEKAYA may also take legal action to obtain compensation for any harm it may suffer as a result of such disclosure or use.

These stipulations are expressly considered to be substantial between the parties.

8.3. Entirety of the Terms and Conditions

These Terms and Conditions express the entirety of the obligations of SEKAYA and the User relating to their subject matter.

The failure of either Party to enforce any of the obligations set forth herein shall not be construed as a waiver of such obligation.

8.4.Partial invalidity

In the event that one or more provisions of these Terms and Conditions are considered null and void, deemed unwritten or declared as such pursuant to a law, regulation or following a decision of a competent court having the authority of res judicata in last resort, the other provisions shall retain their full force and scope and remain fully applicable, unless the invalid provision(s) were of a substantial nature and their disappearance would call into question the contractual balance.

8.5. Modification of the Terms and Conditions 

SEKAYA reserves the right to modify these Terms of Service at any time and without prior notice, particularly to take into account any legal, jurisprudential, and/or technical developments. Therefore, all modifications will take effect immediately upon implementation and will apply to all Users.

In any event, the fact that a User continues to use the Site after being informed of the modification of the Terms and Conditions implies acceptance of the modifications of these Terms and Conditions by the User.

8.6. Titles

In case of difficulties of interpretation between any of the headings mentioned in these clauses and one of these clauses, these headings shall be declared non-existent.

8.7. Applicable Law and Dispute Resolution

The relationship between SEKAYA and the Client is subject to French law without prejudice to the right of the latter, who may be resident outside French territory, to invoke mandatory provisions of his national law.

In the event of a dispute relating to these Terms and Conditions, their interpretation and consequences or any addendum or modification thereof, the Client shall meet with SEKAYA in an attempt to reach an amicable solution.

In the absence of an amicable settlement, any dispute or litigation relating to the existence, interpretation, or execution of these Terms and Conditions shall be subject to the jurisdiction of the competent courts, in particular those of the Client's place of residence.

Version : April 2026