The “PIM DAM” platform is an online service provided by TECHNIMA HOLDING, a simplified joint-stock company (Société par Actions Simplifiée) with a share capital of €1,487,500.00, whose registered office is located at Zone Industrielle, 5 rue Ampère – 16440 NERSAC, France, registered under number 301 895 116 with the Angoulême Trade and Companies Register (RCS), VAT number FR46301895116 (hereinafter “TECHNIMA” or “the Company”), a European leader in the manufacture and packaging of marking paints and aerosol touch-up paints.
Through the website “www.my-technima.com” (hereinafter the “Website”), TECHNIMA provides the PIM DAM Platform (hereinafter the “Service” or the “PIM DAM Platform”), enabling professionals belonging to the TECHNIMA reseller network, located in France or abroad (hereinafter the “Professionals” or individually the “Professional”), after creating an individual account (hereinafter the “Account”), to access the catalog of products marketed by TECHNIMA (hereinafter the “Products”), including product references, and to download materials such as photographs and videos enabling Professionals to integrate them into their own e-commerce websites, catalogs, or other commercial materials for the purpose of reselling the Products.
To use the Service, the Professional must accept these Terms and Conditions of Use (hereinafter the “Terms” or “T&Cs”) without restriction or reservation. Acceptance is confirmed by clicking a validation button when creating an Account on the Website or during any update of the Service.
It is specified that no sale of Products may be completed through the Service, as the PIM DAM Platform does not include any online payment solution or remote ordering functionality.
TECHNIMA reserves the right to amend these T&Cs at any time. Any amendment shall become effective upon acceptance by the Professional.
No tolerance regarding the application of any provision of these T&Cs, regardless of its duration or frequency, shall be interpreted as a modification, novation, or waiver of the right to rely on all provisions herein.
Should one or more provisions of these T&Cs be held invalid or declared as such pursuant to a law, regulation, or final decision of a competent court, the remaining provisions shall remain in full force and effect.
1. Purpose
These T&Cs define the conditions under which TECHNIMA makes available to Professionals, free of charge and as part of the Service, an online catalog of the Products it markets, together with access to a range of materials including photos, videos, product sheets, visuals, files, and similar content (hereinafter the “Materials”), in order to enable Professionals to obtain the information necessary regarding Product characteristics, instructions for use, and translations into various languages for marketing purposes.
2. Description of the Service
The Service mainly consists of three tools, namely “Exports,” “Products,” and “Launch Packs” (hereinafter the “Tools” or individually a “Tool”), accessible to Professionals after creating an Account.
The “Exports” Tool allows users to download and consult the catalog of Products manufactured by TECHNIMA, including product references, visuals, technical characteristics, dimensions, and specifications where applicable.
The “Products” Tool allows users to download various types of Materials related to the Products.
The “Launch Packs” Tool allows users to download visuals useful for the commercialization of the Products by Professionals, including pictograms, icons, pack shots, and similar content.
The Tools and Materials remain the sole and exclusive property of TECHNIMA.
3. Access to the Service
In addition to accepting these T&Cs, access to the Service is subject to the creation of an Account by the Professional.
To create an Account, the Professional must provide information enabling identification, including in particular the full name of the legal representative, company identity, company name, company registration number, registered office address, email address, telephone number, and fax number.
The Professional undertakes to provide only accurate information and to inform TECHNIMA without delay of any changes by updating the relevant information directly within the Account.
It is specified that the creation of an Account is an integral part of the Service. Consequently, without an Account, the Professional will not be able to access the Service.
Only one Account per Professional is permitted for access to the Service; any duplicate account will be immediately deleted.
To access the Service, the Professional shall use the username and password created when opening the Account. The username and password are under the sole responsibility of the Professional.
The Professional undertakes to take all necessary measures to ensure that such credentials are not disclosed to third parties or used by unauthorized persons. The Professional is responsible for maintaining the confidentiality of the username and password and shall bear responsibility for any harmful consequences resulting from their loss or misuse.
In the event of loss, theft, or fraudulent use of the username and/or password, the Professional undertakes to immediately notify TECHNIMA by email via the Account login page. After verification of the Account holder’s identity, TECHNIMA will send a link enabling modification of the username and password to the Professional’s email address.
In the event of a breach of any obligation set out in this Article 3 “Access to the Service,” TECHNIMA reserves the right to temporarily or permanently interrupt the Professional’s access to the Service by suspending or terminating these T&Cs under the conditions set out in Article 8 “Termination – Suspension.”
4. Obligations of Professionals Regarding Use of the Service and Materials
The Professional undertakes to comply with all applicable laws governing commercial activities, including registration obligations, accounting obligations, and tax and social declaration requirements related to its business activity.
The Professional warrants that it does not in any way violate applicable laws, regulations, or standards, and that it does not infringe any third-party rights in connection with its activities.
In particular, the Professional shall refrain from selling any product constituting counterfeit goods within the meaning of the French Intellectual Property Code or otherwise infringing the rights of TECHNIMA or any company belonging to its group within the meaning of Article 233-3 of the French Commercial Code.
The Professional is solely responsible for the resale of the Products. In particular, the Professional shall refrain from offering the Products for sale, including but not limited to: on websites promoting hatred or violence or discrimination based on religion, nationality, political orientation, etc.; websites related to medicines or drugs of any kind; or websites related to weapons and/or ammunition.
The Professional is responsible for the descriptions, visuals, information sheets, and similar content associated with the Product offers displayed in its point of sale or on its website, and for ensuring their compliance with the Materials.
In the event of a breach of this Article 4 “Obligations of Professionals Regarding Use of the Service and/or Materials,” TECHNIMA reserves the right to temporarily or permanently interrupt the Professional’s access to the Service by suspending or terminating these T&Cs under the conditions set out in Article 8 “Termination – Suspension.”
5. Intellectual Property
All Tools, Materials, trademarks, and distinctive signs (hereinafter the “Trademarks and Distinctive Signs”), and more generally all files made available to the Professional via the Service or simply present on it, remain the sole and exclusive property of TECHNIMA.
TECHNIMA is the owner and sole holder of all intellectual property rights relating to its Trademarks and Distinctive Signs, the Service, its content, the Tools, and all Materials made available to the Professional.
TECHNIMA grants the Professional only a temporary and limited right to use such Materials, Trademarks, Distinctive Signs, and other visuals, and to reproduce and distribute them identically, solely in strict compliance with these T&Cs and exclusively for the resale of the Products in the Professional’s point of sale or on its own website, in accordance with applicable standards and regulations.
Any modification whatsoever to the Materials reproduced or distributed by the Professional must be subject to TECHNIMA’s prior express written approval.
No modification whatsoever, even minor, may be made by the Professional to the Trademarks and Distinctive Signs owned by TECHNIMA and used for the resale of the Products in the Professional’s point of sale or on its website.
Furthermore, the Professional shall refrain from registering with any authority, or more generally exploiting, any trademark or other sign protectable under copyright or industrial property law that is identical, similar, or derived from any Trademark or Distinctive Sign belonging to TECHNIMA or any company within its group.
It is expressly stated that all software programs, coding, and software used or created for the operation of the Service (whether source code and/or object code) remain the exclusive property of TECHNIMA, and no intellectual property rights are granted to the Professional.
The Professional guarantees compliance by its employees and collaborators with these T&Cs, particularly Article 5 “Intellectual Property,” and shall be liable under Articles L.122-4 and L.335-2 et seq. of the French Intellectual Property Code in the event of exploitation, reproduction, communication, or distribution of any Materials, Trademarks, Distinctive Signs, visuals, or other files belonging to TECHNIMA in violation of these T&Cs.
Pursuant to the moral right of authorship provided for in Article L.121-1 of the French Intellectual Property Code, and within the framework of the right of use granted herein, the Professional undertakes to preserve all authorship notices affixed by TECHNIMA to any Materials, Trademarks, Distinctive Signs, visuals, or other files.
TECHNIMA reserves the right to notify any website operator or publisher on whose website the Products are offered for sale of any request for removal of any Materials, Trademarks, Distinctive Signs, visuals, or other files infringing its rights, not compliant with the content made available via the Service, or following notification by a third party alleging unlawful content or infringement of rights, or more generally in the event of a breach of these T&Cs.
TECHNIMA also reserves the right to initiate any legal proceedings against the Professional to stop any infringement of its rights relating to its Materials, Trademarks, Distinctive Signs, visuals, or other files, without prejudice to any claim for damages.
6. Manufacture of Private Label Products
In connection with the manufacture and packaging of private label Products (hereinafter the “Private Label Products”), the Professional guarantees to TECHNIMA that it holds all necessary rights, particularly intellectual property rights, relating to any trademarks, photographs, or visuals affixed at its request to the Private Label Products.
The Professional guarantees that it does not violate any applicable laws, regulations, or standards, nor infringe any third-party rights in connection with the manufacture of such Private Label Products.
In particular, the Professional shall refrain from selling any Product constituting counterfeit goods within the meaning of the French Intellectual Property Code or any Product whose commercialization is regulated under specific legislative or regulatory provisions.
The Professional grants TECHNIMA a right of use over the trademarks or other visuals for which it requests reproduction and distribution in connection with subcontracted manufacturing of the Private Label Products.
The Professional shall indemnify and hold TECHNIMA harmless against any action, claim, demand, eviction, infringement action, unfair competition or parasitism claim, and more generally against any disturbance, claim, or eviction affecting the enjoyment of all or part of the rights by any person claiming intellectual property rights over all or part of the trademarks, distinctive signs, or other elements affixed to the Private Label Products. The Professional shall bear all costs, fees, damages, and liabilities that TECHNIMA may incur or be ordered to pay on any of the aforementioned grounds, without prejudice to any claim for damages brought by TECHNIMA against the Professional.
7. Term
The Service is reserved for Professionals belonging to the TECHNIMA reseller network.
These T&Cs are concluded for the duration of the contract in force between TECHNIMA and each Professional.
8. Termination – Suspension
8.1 Termination
Any breach by the Professional of the obligations set out in Article 3 “Access to the Service,” Article 4 “Obligations of Professionals Regarding Use of the Service and Materials,” Article 5 “Intellectual Property,” or Article 6 “Manufacture of Private Label Products” may result in termination of these T&Cs at TECHNIMA’s initiative.
Such termination shall automatically take effect, without retroactive effect, eight (8) clear days after receipt of a formal notice to perform sent to the Professional by registered letter with acknowledgment of receipt referring to this clause, if such notice remains ineffective, without prejudice to any claim for damages.
Furthermore, termination shall occur automatically, without prior notice, by simple registered letter with acknowledgment of receipt at TECHNIMA’s initiative, and without prejudice to any claim for damages, in the event of:
- identification or reporting of unfair or misleading commercial practices, including publication of incomplete, inaccurate, false, or misleading information about the Products;
- identification or reporting of criminal offenses, including fraud or counterfeiting;
- misleading, disparaging, or unfair communication toward other Professionals belonging to the TECHNIMA reseller network;
- infringement of third-party rights;
- voluntary dissolution of the Professional’s company, cessation of business activity, prohibition or incapacity affecting the company manager or operator;
- the Professional leaving the TECHNIMA reseller network for any reason whatsoever;
- termination for any reason whatsoever of the agreement concluded between TECHNIMA and the Professional.
8.2 Suspension of Access to the Service
TECHNIMA reserves the right to automatically suspend access to the Service in the event of a breach of any obligation set out in these T&Cs.
Such suspension shall automatically take effect from the date the email notification of suspension is sent.
9. Personal Data
In accordance with applicable legislation and regulations relating to the processing of personal data, in particular French Law No. 2018-493 of 20 June 2018 on personal data protection and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR), TECHNIMA collects and processes personal data strictly necessary for Account management, access to and operation of the Service, and the terms of use thereof. For more information, please consult the Privacy Policy.
10. Cookies and Other Technologies
The Professional is informed and expressly accepts that, in accordance with applicable legal provisions, the Service uses technical devices (cookies or other technologies) which, during an internet connection, allow the Professional, via a web service, either automatically or, where applicable, at TECHNIMA’s initiative, to send information to TECHNIMA regarding the identification of the Professional user (IP address, authentication data, etc.).
For more information, the Professional may consult the Cookies Policy.
11. Warranty – Liability
The accessibility and content of the Service made available to Professionals constitute an obligation of means on the part of TECHNIMA. Certain functionalities or content of the Service may evolve or be removed. TECHNIMA cannot guarantee the availability of the entire Service and its content, nor their perfect suitability to the Professionals’ needs. The Service is provided “as is.”
TECHNIMA’s liability toward the Professional may only be engaged for events directly attributable to TECHNIMA. TECHNIMA shall not be liable for indirect damages, including loss of opportunity to sell Products or loss of profit resulting from unavailability of the Service, or in the event of force majeure as defined in Article 1218 of the French Civil Code. TECHNIMA shall not be liable for improper use of the Service by the Professional.
12. Governing Law – Language – Disputes
These T&Cs are governed exclusively by French law.
Only the French version of these T&Cs shall be binding between the parties in the event of a dispute, even where translations exist, such translations being provided solely for convenience and having no legal effect.
By express agreement, any dispute relating to the formation, validity, interpretation, and/or performance of these T&Cs shall fall within the exclusive jurisdiction of the Commercial Court of Angoulême (France). This clause applies even in the event of summary proceedings, emergency proceedings, third-party claims, multiple defendants, or warranty claims, notwithstanding any jurisdiction clauses appearing in other documents.