Last updated on 03/07/21
Welcome and thank you for your trust. Please find below the General Terms and Conditions of Sale applicable to the https://my-shower-curtain.com/ website. Please note that HF PERSPECTIVE provides its customers and users of its website with a customer service department which can be contacted in the following ways
By e-mail to the following address: email@example.com
By mail at the following address: 10 Rue de Penthièvre, 75008 Paris, France.
Article 1. DEFINITIONS
Capitalized terms refer to the following definitions:
“Company” refers to HF PERSPECTIVE, whose registered office is located at 10 Rue de Penthièvre, registered in the Trade and Companies Register under number 84981010600021 and whose intra-community VAT number is FR88849810106.
The “Site” refers to the Internet site(s) accessible via the link https://my-shower-curtain.com/ and to all sites published by the Company to present and sell its Products.
User” refers to any person browsing the Site.
Product” refers to any type of material product sold online on the Site, including Accessories and apparel.
“Order” refers to any purchase of a Product by the Customer from the Company through the Site.
“Customer” refers to the natural or legal person, professional or otherwise, who purchases a Product from the Company on the Site.
“Identifiers” refers to the user name and password provided by the Company to the Client to enable it to access, through the Site, its personal space.
Partner” refers to any professional partner with whom the Company has a business relationship or to whom the Company may have recourse in connection with the sale of a Product and to whom the Customer may be referred in connection with his Order.
Article 2. FIELD OF APPLICATION
2.1. Subject matter. These GTC govern the sale of any Product to a User on the Site, including the conditions of use of the Site made available by the Company.
2.2 Capacity. Any use of the Site to place an Order implies acceptance of and compliance with all the terms of these GTC. The Customer declares to be of legal age and to have the capacity to contract according to the legislation of his country, or declares to represent, by virtue of a valid mandate, the person for whom he places the Order.
2.3. Access to the GTC. The GTC are accessible at all times on the Site and prevail, if applicable, over any other version, previous or future. They take effect as of the date of their update indicated at the top of these Conditions. The GCS apply to the exclusion of all other conditions, and in particular those applicable to sales through other channels of distribution and marketing of the Products.
2.4. Acceptance of the GTC. The Customer declares to have read the GCS and to have accepted them before placing an Order, which implies unreserved acceptance of these general conditions of sale.
By accepting, the Customer acknowledges that, before placing any Order, he/she has received sufficient information and advice from the Company on the website, enabling him/her to ensure that the content of the Order is suitable for his/her needs. These GTC constitute the entirety of the rights and obligations of the parties within the framework of their contractual relationship.
In the absence of proof to the contrary, the data recorded by the Site shall constitute proof of all facts, acceptance and transactions.
2.5. Scope of application of the GTC. The Customer may at any time request a copy of the version of the GTC applicable to its Order. No specific condition, at the Customer’s initiative, may be added to and/or substituted for these conditions. The Company reserves the right to stipulate special conditions for the sale of certain Products, special offers, special warranties, etc., which are provided to the Customer prior to the Order. The fact that the Company, at any given time and for any reason whatsoever, does not avail itself of a breach by the Customer of any of the obligations contained herein, shall not be construed as a waiver of such obligation for the future.
Article 3. PRODUCT CHARACTERISTICS
The Customer may refer to the presentation of the Product on the Site, which is summarized on the Order page and in the confirmation e-mail. The Customer is expressly advised that any Product offer is subject to change. Only the Product described in the Order is due to the Customer.
The Products covered by the GTC are described and presented as accurately as possible. However, the Company shall not be liable for any errors or omissions in this presentation unless such errors or omissions constitute a substantial part of the Product in question. The Product purchased by the Customer is supplied in the version current at the date of purchase.
Article 4. ORDERING
4.1. Majority. The Customer guarantees to the Company that he/she is of legal age and that he/she has the necessary authorization to use the means of payment chosen by him/her when validating the Order.
4.2 Ordering on the Site. After selecting the Product he/she wishes to purchase on the Site, the User is directed to an order page where he/she fills in his/her personal data (surname, first name, e-mail address, postal address, telephone number) and, where applicable, all the information and data necessary and accurate to enable the delivery of the Product and the invoicing of the Order. The User selects the payment method (single or multiple payment, payment method) according to the possibilities offered by the Company.
4.3. Verification of information. The Customer is solely responsible for the accuracy of the information provided and guarantees the Company against any false identity. The Client shall not hold the Company liable for any failure resulting from the inaccuracy or falsity of the information provided at the time of the order, which will be used for the delivery of the Product. The Customer must ensure that he/she will be able to receive the package at the address indicated, according to the delivery times indicated at the time of the Order.
4.5. Payment obligation. Any Order received by the Company shall be considered firm and definitive, implying full acceptance of these GCS under the conditions set forth herein, as well as the obligation to pay for the Products ordered.
4.6. Electronic signature The provision of the Customer’s bank details online and the final validation of the order shall constitute proof of the Customer’s agreement and shall constitute :
The sums due under the Order shall be payable;
Signature and express acceptance of all operations carried out.
4.7. Validation of the Order. After having read and accepted the GCS by ticking the box provided for this purpose, the Customer is directed to a summary page of his order, where he provides his bank details before validating his payment. It is the Customer’s responsibility to check the summary information of his order and to correct it if necessary, before validating the payment of his order. This second click definitively confirms the Customer’s order.
4.8. Confirmation of the order. The Customer will receive an email confirming and summarizing his Order as soon as the payment has been validated by the Company or its payment service provider. Customer must have a functional electronic mailbox to send and receive orders. If he does not do so, he will not be able to receive the written confirmation of his Order at the email address he has provided, nor will he be able to receive the email with the summary of his Order.
4.9. Proof of Transaction. Computer records, kept in the Company’s computer systems under reasonable security conditions, shall be considered as proof of communications, Orders and payments made between the parties. Order forms and invoices shall be filed on a reliable and durable medium that can be presented as evidence.
Article 5. PRICING CONDITIONS
5.1. Applicable prices. The Product ordered is sold at the prices in force on the Site at the time the Company registers the Customer’s Order.
For sales within the European Union, prices are indicated in Euros and include the VAT applicable on the day of the order. Any change in the applicable VAT rate will be automatically reflected in the price of the Products. Unless otherwise stated, the prices indicated on the Site are inclusive of all taxes.
In the case of international sales from countries outside the European Union, as indicated at the time of sale
for orders with a value of more than 150 euros: all customs duties and various taxes payable shall be borne by the Customer and shall be the sole responsibility of the Customer. It is the responsibility of the professional Customer to carry out any useful verification and to comply with its tax obligations. The Company shall not assume any liability in this respect, the Customer being solely responsible.
for orders with a value of less than 150 euros :
Prices are indicated in euros and include VAT. The latter will be invoiced and charged by the Company. Any change in the applicable VAT rate will be automatically reflected in the price of the Products. Unless otherwise stated, the prices indicated on the Site are inclusive of all taxes.
5.2 Payability of Amounts. Validation of the Order shall make all sums due in connection therewith payable. By validating the Order, the Customer authorizes the Company (or its Partners, payment service providers) to send instructions to its bank to debit the amount from the bank account whose details have been provided by the Customer, in accordance with the possible due dates indicated in the Order summary.
5.3. Method of payment. To pay for the Order, the Customer may choose among all the payment methods made available by the Company and listed on the Site (in particular: Paypal, Stripe).
The Customer chooses the direct debit method with the payment systems and services offered, which are secure services provided by third parties to the Company subject to their own contractual conditions over which the Company has no control – in particular, by way of example, for Stripe (https://stripe.com/payment-terms/legal), Paypal (https://www.paypal.com/fr/webapps/mpp/ua/legalhub-full?locale.x=fr_FR). In this case, payment is made by SEPA direct debit or from the bank card details provided, depending on the payment method offered by the payment service provider and the Customer’s choice. The Company reserves the right to use the payment service providers of its choice and to change them at any time.
5.4. Debit authorization. By providing his or her bank details when placing the Order, the Customer authorizes the Company to debit his or her account for the amount of the price indicated on the Site for the relevant Product.
5.5. Payment facilities. If the Company offers the Client the possibility of paying a fixed price in full in several installments, this is not a payment without obligation or a monthly subscription, but a payment schedule for the price of the Product. The total price corresponding to the sum of the installments is due, regardless of the number of scheduled payments and the price of the Product. The last payment date fixed is never more than three months after the order and the charges are negligible. Payment in instalments or any other payment facility may also be provided for the continuous or sequential supply of goods of the same nature, whereby the Customer pays for them in instalments for the duration of the supply.
Any payment facility provided at the time of the Order does not constitute credit or micro-credit. Where payment in instalments is offered, the first instalment shall be payable on the day of the Order and subsequent instalments with an interval between each payment specified in the Order summary (unless otherwise stated, one month between each payment). In this case, the Customer guarantees the validity of the bank details provided until the last scheduled payment date. The Company reserves the right to refuse an Order with payment in several installments if the bank card expires before the last scheduled payment or in the event that the secure payment service provider objects.
5.6. Special offers and discount vouchers. The Company reserves the right to propose introductory offers, promotional offers or price reductions for a limited time on its Products and to revise its offers and prices on the Site at any time, under the conditions provided by law. The applicable prices are those in force at the time of the Customer’s order, who may not take advantage of other prices, prior or subsequent to his order. Discount vouchers may be subject to special conditions and, in any case, are strictly personal to the beneficiary and can only be used once.
5.7. Payment incident – Fraud. The Company reserves the right to suspend the processing of the Order and any delivery in the event of refusal of authorization of payment by bank card by the officially accredited bodies or in the event of non-payment. In particular, the Company reserves the right to refuse an order from a Customer who has not paid all or part of a previous Order or with whom there is an ongoing payment dispute.
The Company may contact the Customer to request additional documents in order to execute the payment of the Order. The Company may rely on the information provided by the Order analysis system. Delivery of the requested documents is necessary for the Company to confirm the Order. To combat credit card fraud, the Company may perform a visual check of the means of payment before delivering the Product. In the event of fraudulent use of the Customer’s bank card, the Customer is invited to contact the Company as soon as it is discovered, without prejudice to the steps to be taken by the Customer with its bank.
5.8. Non-payment or late payment. In the event of non-payment or late payment by the consumer or the professional Client, the interest and penalties provided for by law shall apply.
Article 6. DELIVERY
6.1. Availability of stock. The Products are offered for sale and delivered within the limits of available stock. In the event that a Product ordered is not available, the Company shall immediately inform the Customer and may offer a Product of equivalent quality and price or, failing this, proceed to reimburse the Order if the Customer is a consumer. Apart from the reimbursement of the price of the unavailable Product, the Company shall not be obliged to pay any compensation for cancellation, unless the breach of contract is attributable to it personally.
6.2. Carrier. Deliveries are made by an independent carrier to the address indicated by the Customer at the time of the Order and to which the carrier has easy access.
For sales requiring it, the carrier is authorized to represent the Customer for the collection and payment of VAT and customs duties.
6.3. Retention of title and transfer of risk. The Company remains the owner of the Products sold until full payment of the price and the Customer undertakes, until ownership is transferred to it, to take all useful precautions for the proper preservation of the Products. Except in the event that full payment of the price has not been received at the time of the Order, ownership of the Product is transferred to the Customer at the time of delivery. Any risk of loss or damage to a Product transfers to the Customer at the time the Customer or a third party designated by the Customer (e.g., a pick-up point, caretaker, etc.), other than the carrier proposed by the Company, takes physical possession of the Product. In any case, when the Client entrusts the delivery of the Product to a carrier other than the carrier proposed by the Company, the risk of loss or damage to the Product is transferred to the Client at the time of delivery to the carrier.
6.4. Delivery time. Unless otherwise stated on the Site at the time of the Order and/or on the Order page and unless a longer period is permitted by law, the Company undertakes to deliver any Product within 30 days of receipt of the Order. The delivery times indicated at the time of the Order may be longer and may vary due to postal service delivery contingencies and any unforeseeable events beyond the Company’s or the carrier’s control (e.g. a strike).
6.5. Late Delivery. If the Product ordered is not delivered on the date or at the end of the period mentioned in the Order Form or provided for in the GTC, the Customer may, after unsuccessfully requesting the Company to fulfil its delivery obligation within a reasonable additional period, terminate the agreement by registered letter with acknowledgement of receipt or in writing on another durable medium. The agreement shall be deemed terminated upon receipt by the Company of the letter or writing informing it of such termination, unless the Company has complied in the meantime. If the agreement is terminated in these circumstances, the Company shall refund to the Client all sums paid, at the latest within fourteen days from the date of termination of the agreement.
Except as otherwise provided by law, and except as otherwise provided herein, exceeding the delivery time shall not give rise to damages of any kind. The Company reserves the right to pass on the Customer’s complaint to the carrier in charge of the delivery, which may, if necessary, ask the Customer for further information about the reported delay.
6.6. Place of delivery. The Products are delivered to the delivery address provided by the Customer when placing the Order. The Customer may not change the delivery address once the Order has been placed. The Company may provide for delivery by direct delivery to the delivery address or to a collection point. In the event of an epidemic or any other health risk, the package may be left in front of the building where the delivery is to be made (non-contact delivery). Any unexpired proof of identity may be requested prior to delivery of the Product. Within fifteen days of the notice of availability (notice of passage, notice of availability at a collection point, etc.), the Customer must collect the Product ordered. If the Product is not collected within the period and under the conditions indicated, the Order will be cancelled and the transport costs will be borne by the Customer.
6.7 Condition of the Product. When the Product is delivered to the address indicated by the Client at the time of the Order by a carrier, it is the Client’s responsibility to check the condition of the Product delivered in the presence of the delivery person and, in the event of damage or incomplete delivery, to express his reservations on the delivery note or on the transport receipt, and possibly to refuse delivery of the Product directly to the delivery person.
Article 7. RIGHT OF WITHDRAWAL
7.1. Time limit. The Customer has the right to withdraw without giving any reason within fourteen days, for all or part of the Products ordered. This period is counted in calendar days and runs from the day following receipt of the Product by the Customer or any third party authorized to deliver it, at the address indicated or at a collection point. In the case of an Order of several Products delivered separately or in the case of an Order of a Product composed of several lots or pieces whose delivery is staggered over a defined period of time, the period shall be counted from the receipt of the last Product or lot/piece. If the period expires on a Saturday, Sunday or holiday, it shall be extended until the expiration of the last hour of the following working day.
7.2. Method of exercise. To exercise the right of withdrawal, the Client must notify its decision to withdraw from the contract by an unequivocal statement by mail to the address HF PERSPECTIVE, 10 Rue de Penthièvre Paris 75008. The Client may use the model withdrawal form reproduced below in a box, but it is not obligatory. The burden of proof of the exercise of the right of withdrawal rests with the Customer.
7.3. Return of the product. The Customer must return or return the Product for which it has withdrawn to the Company no later than fourteen days after sending its decision to withdraw. This deadline is deemed to have been met if the goods are returned before the expiry of the fourteen-day period in accordance with the return conditions provided for. The cost of returning the Products shall be borne by the Customer. The conditions for returning the Products are specified in the article “CONDITIONS FOR RETURNING THE PRODUCTS” to which the Customer should refer.
7.4. Refunds. In the event of withdrawal by the Customer, the Company shall reimburse the price of the Product within fourteen days from the day following receipt of the Customer’s decision to withdraw. The Company shall carry out the refund using the same means of payment as that used by the Client for the initial transaction, unless the Client expressly accepts a different means; in any case, this refund shall not entail any cost for the Client. The Company may defer reimbursement until the Product is received, or until the Customer has provided proof of shipment of the Product, whichever occurs first.
MODEL WITHDRAWAL FORM
Please complete and return this form only if you wish to withdraw from the contract.
To the attention of HF PERSPECTIVA :
I/we () hereby notify you () of my/our () withdrawal from the contract of sale of the product () listed below:
Ordered in (*) :
Name of consumer(s) :
Address of consumer(s) :
Signature of the consumer(s) (only if this form is notified on paper) :
(*) Delete as appropriate.
ATTENTION, THIS RIGHT OF WITHDRAWAL CANNOT BE EXERCISED UNDER CERTAIN CONDITIONS IN THE CASE OF :
● When the Client is a professional,
● Supply of goods or services whose price depends on financial market fluctuations beyond the professional’s control and which may occur during the withdrawal period;
● Supply of goods made to the consumer’s specifications or clearly personalized;
● Supply of goods that may deteriorate or expire rapidly;
● Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
● Supply of goods which, after delivery and by their nature, are inseparably mixed with other items;
● the supply of alcoholic beverages whose delivery is postponed beyond thirty days and whose value agreed upon conclusion of the contract depends on market fluctuations beyond the trader’s control;
● Maintenance or repair work carried out urgently at the consumer’s home and expressly requested by the consumer, within the limits of spare parts and work strictly necessary to meet the emergency;
● Supply of audio or video recordings or computer programs when they have been unsealed by the consumer after delivery;
● Supply of a newspaper, periodical or magazine, except for subscription contracts to such publications;
● Goods purchased after a public auction.
Article 8. GUARANTEES
8.1. Conditions. It is recalled that the legal warranties of conformity and hidden defects are provided hereunder for the benefit of consumer or non-professional Customers and presuppose normal use of the Products in accordance with standard practice. These warranties apply in addition to any commercial warranty. It is advisable to check the product at the time of delivery and, if the Product delivered is not in conformity (product error, defective, damaged or incomplete product), to issue written reservations no later than three (3) days following this delivery, without prejudice to the withdrawal period of fourteen (14) days. In case of non-conformity or defect of the Product, the Customer shall return the defective Product to the Company. In all cases, the legal deadlines shall apply.
8.2. Warranty of conformity. The guarantee of conformity is a legal guarantee that applies irrespective of any commercial commitment. The Customer has a period of two years from delivery of the Product to act in application of the legal guarantee of conformity. In this case, the Customer chooses between repair or replacement of the Product. However, if this choice involves a cost clearly disproportionate to the other possible method, taking into account the value of the goods or the extent of the defect, the Customer’s choice may be rejected.
8.3. Warranty against hidden defects. The warranty against hidden defects is a legal warranty that applies outside any commercial commitment. The Customer may also decide to apply the warranty against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code. In this case, the Customer may request the cancellation of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code. In all cases, the item in question shall be subject to analysis directly by the manufacturer, either the Company or a third party.
8.4. Legal provisions. By accepting the GTC, the Customer certifies that it is aware of the following legal provisions:
Article L. 217-4 of the French Consumer Code: “The Seller delivers a good in conformity with the contract and is liable for defects of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation, when the latter has been carried out under his responsibility in the contract or under his responsibility.
Article L. 217-5 of the Consumer Code “The goods are in conformity with the contract:
1° If it is fit for the use usually expected of a similar good and, where appropriate :
if it corresponds to the description given by the seller and has the qualities which the seller presented to the buyer in the form of a sample or model ;
whether it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or his representative, especially in advertising or labeling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, made known to the seller and accepted by the latter.
Article L. 217-12 of the Consumer Code: “The action resulting from the lack of conformity is time-barred in two years from the delivery of the good”.
Article L. 217-16 of the Consumer Code: “When the buyer requests from the seller, during the course of the commercial warranty granted to him at the time of purchase or repair of a movable good, a repair covered by the warranty, a period of immobilization of at least seven days shall be added to the duration of the warranty that remained to run.
This period shall be computed from the date of the buyer’s request for intervention or from the time when the article in question is made available for repair, if this is subsequent to the request for intervention.
Article 1641 of the Civil Code: “The seller is bound by the guarantee for hidden defects of the thing sold which render it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lower price for it, if he had known them.”
Article 1648 of the Civil Code: “The action arising from redhibitory vices must be exercised by the buyer within two years following the discovery of the vice.
In the case provided for in Article 1642-1, the action must be exercised, under penalty of foreclosure, within one year from the date on which the seller can be released from the defects or apparent lack of conformity.”
Article 9. CONDITIONS OF RETURN.
9.1. Address. The products must be returned to the following address: 10 Rue de Penthièvre 75008, Paris in the name of “HF PERSPECTIVE”. The Customer must enclose in the return package a copy of the Order confirmation letter in A4 format or a handwritten document indicating the Order number and the amount paid at the time of the Order, as well as the withdrawal form or any other unequivocal statement on the exercise of the right of withdrawal, a legal guarantee or, if applicable, a commercial guarantee, justifying the return of the Product.
9.2 Status. The Customer may return the Product in its original packaging or in other packaging, provided that it takes all precautions to ensure that the Product is packed and protected as much as possible in its original packaging so that it does not suffer any damage during transport. Any Product that is damaged in relation to the state in which it was shipped, incomplete, or whose packaging has been damaged, may not be returned, exchanged or refunded to the Customer. In particular, any Product that is damaged or shows signs of wear and/or new odors cannot be returned, even on the basis of the right of withdrawal.
9.3. Return costs. The cost of returning the goods shall be borne by the Customer, even in the case of exercising the right of withdrawal.
9.4. Refunds. Upon receipt of the Product, the Company will refund the full price of the Product returned, excluding shipping costs (unless otherwise stated in the GCS, or where the law provides for such refund). In the case of an Order of several Products and the return of only a part of the Order, the reimbursement of the shipping costs will be made pro rata to the number of Products ordered and returned according to the conditions set forth. Unless otherwise provided by law, only Products that (i) are returned with their original packaging and labels and (ii) have not been used or worn (in the case of textiles) will be reimbursed. In the event of a return that does not comply with the legal and/or commercial conditions provided for, no refund shall be given and the Customer shall remain the owner of the returned product, which may be collected directly from the Company, or which shall be returned to the Customer at its expense within a maximum period of one month following notification of the Company’s refusal of the refund.
Article 10. ACCESS TO THE SITE
10.1. Access to the Site. The Site is accessible free of charge to any person with Internet access. All costs related to accessing the Site, whether hardware, software or Internet access costs, are borne exclusively by the User. The Company shall not be liable for any material damage related to the use of the Site. In addition, the User undertakes to access the Site using recent equipment, free of viruses and with an updated browser of the latest generation. The User is solely responsible for the proper functioning of his or her computer equipment and Internet access.
10.2. Maintenance. The Site may be subject to maintenance operations. To this end, the Company reserves the right to interrupt, temporarily suspend or modify without notice access to all or part of the Site in order to ensure its maintenance (in particular by means of updates) or for any other reason, without the interruption giving rise to any obligation or compensation.
10.3 Contractual liability. The Company uses all reasonable means at its disposal to ensure continuous and quality access to the Site, but is not obliged to achieve this. In particular, the Company cannot be held liable for any network or server malfunction or any other event beyond its reasonable control that prevents access to the Site.
10.4 Registration on the Site. The Company may provide for a registration procedure on the Site in order to access a user space. The identifiers that allow any User registered on the Site to access his or her account and order information. Any login identifier provided by the Company to the User is strictly personal, individual, confidential and non-transferable. The User shall be responsible for any unauthorized, fraudulent or abusive use of his/her login IDs. The User is invited to contact the Company if he/she has not received or has lost his/her access data in order to have them returned to him/her.
10.5. Loss of access data. The User must inform the Company without delay of the loss or theft of his or her access data. In case of proven violation of the conditions of access to the Site, the Company reserves the right to suspend access to the Site, without compensation, notice or prior information. The subsequent provision of the Identifiers exempts the Company from any liability towards the User, who may not hold the Company responsible for the unavailability of the Site.
Article 11. PROTECTION OF PERSONAL DATA
The Company respects the privacy of its users and customers. It undertakes that the collection and automated processing of your data for the purpose of providing and improving the Site, commercial prospecting, management of Orders, contracts and delivery of Products, carried out from the Site, comply with the General Data Protection Regulation (RGPD) and the French Data Protection Act in its latest version.
The information requested in the forms available on the Site marked with an asterisk is mandatory and necessary for the management of requests, and failure to respond in a mandatory field will make it impossible for the Company to process Users’ requests.
The personal data of individuals will not be retained beyond the period strictly necessary to pursue the purposes indicated. Certain data allowing to prove a right or to establish a contract may be subject to an interim archiving policy for a period corresponding to the statute of limitations and execution of judicial or administrative actions that may arise.
All Users are informed and accept that the Site may include technical devices that allow tracking of use (connected user account, IP address, type of application used, various logs of connection and use of the user account, etc.) and are likely to be used in the context of the fight against counterfeiting, and/or to identify and/or prevent any unlawful or non-compliant use of the Site.
In accordance with the French Data Protection Act and the GDPR, any person concerned by the processing carried out by the Company has, in accordance with the conditions of the applicable law, a right of access, rectification, limitation of processing, opposition to processing, portability and deletion of their data, as well as a right not to be subject to automated decision-making, including profiling. Where applicable, the data subject also has the right to withdraw his or her consent at any time.
Any request to exercise this right can be sent by email to firstname.lastname@example.org. Any person concerned by a processing operation has the right to lodge a complaint with the National Commission for Data Processing and Individual Liberties.
Article 12. PARTNER SITES – HYPERTEXT LINKS
The User may access, via the hypertext links present on the Site, the sites of the Partners or third parties, which are not subject to the present GCS. The User is therefore invited to take note of the general terms and conditions of use or sale, as well as the privacy policies or any other legal information applicable to these third-party sites.
The User is informed that the Site may require access to other sites, designed and managed under the responsibility of third parties. The Company has no control over the content of these sites and declines all responsibility for their content and for the use made by any third party of the information contained therein. This clause applies to all partner content.
If a third-party site directs its users to the Site, the Company reserves the right to request the removal of the hypertext link pointing to the Site if it considers that this link does not respect its rights and legitimate interests.
Article 13. FORCE MAJEURE OR FORTUITOUS EVENT
The performance of the Company’s obligations under this Agreement shall be suspended in the event of an act of God or force majeure preventing its performance. Such suspension may relate to all or part of the Order. In this case, the Company shall notify the Customer of the occurrence of such event as soon as possible and the estimated duration of the suspension. Only a definitive impediment may give rise to a refund. If the definitive impediment is partial, only a partial refund will be granted.
Under the conditions provided for by law, the Customer expressly accepts that it cannot invoke a case of force majeure to postpone payment (of an invoice, for example) for a Product or to refuse delivery of an Order placed.
Force majeure or fortuitous event are considered, in addition to those usually recognized by the jurisprudence of the courts and tribunals and without this list being limitative, strikes or labor disputes internal or external to the Company, natural disasters, fires, interruption of telecommunications, epidemics and pandemics, interruption of power supply, interruption of communications or transport of any kind or any other circumstance beyond the reasonable control of the Company.
The Company shall not be liable for any difficulties encountered by the User or the Client in accessing the Site due to technical or software failure or any other cause beyond its control. The Client acknowledges that he/she is aware of the technical risks inherent in the Internet and the mobile telephone network and the malfunctions that may occur. Consequently, the Company shall not be held liable for the unavailability, slowdown or failure of the Internet network or of any IT solution, except in the event of proven negligence on its part.
Article 14. INTELLECTUAL PROPERTY
The Company or its Partners own all intellectual property rights relating to the Site and the Products. Intellectual property rights relate in particular, but not exclusively, to all content, text, images, videos, graphics, logos, icons, sounds and software appearing on the Site and/or the Products.
Access to the Site and/or the purchase of a Product does not confer any right on the User or the Customer to the intellectual property rights relating to the Site and the Products. The User may not, under any circumstances, reproduce, represent, modify, transmit, publish, adapt, on any support, by any means, or exploit in any way whatsoever, all or part of the Site or the Products in violation of the rights of the holders of intellectual property rights on the latter.
Any exploitation not previously authorized by the Company or its Partners, in any capacity whatsoever, of all or part of the Site or the Products may be subject to any appropriate action, in particular an interruption of access to the Site or an action for infringement.
All distinctive signs used by the Company are protected by law and any use not authorized by the Company may result in legal action.
Infringement of the intellectual property of the Company or its Partners will be analyzed as a serious fault of the User or Customer causing damage to the Company, which reserves the right, in this case, to claim damages.
Article 15. REFERRALS AND COMMUNICATION WITH CUSTOMER
15.1 Customer Referral. The Client may be requested by the Company to be named as a purchaser of a Product. With the Client’s consent, the Company may be authorized to mention the Client’s name, the opinion it has given the Company on the Product and an objective description of the nature of the Product sold to it in its lists of references and proposals to its prospects and clients, in particular on the Website, for promotional and advertising purposes, in interviews with third parties, in communications to its personnel, in internal management planning documents and where required by legal, regulatory or accounting provisions.
15.2. Authorization to operate. When the Client sends written material, videos and/or photographs to the Company to give its opinion or testimony about the Product supplied by the Company, and where appropriate, makes comments or posts concerning the Company (for example, on its social networks), to which its identifier and profile picture are attached, then the Client authorizes the Company to exploit this content for the promotion of its business activities. The content may be protected by image rights and/or copyright, and in this case, the Customer grants the Company the possibility to adapt it (in the form) and reproduce it on any support, in particular by presenting it as a commercial reference and/or as an advertisement. For example, the Company may take screenshots of posts on social networks relating to it or to the Product delivered to the Customer, and reproduce them on the Site as a notice.
The Customer acknowledges that it is fully entitled to its rights and cannot claim any remuneration for the exploitation of the rights mentioned in this paragraph. These rights are granted for the lifetime of the Client concerned, plus 70 years, and for the whole world. The Company reserves the right to submit to the Client any other request for authorization for the taking of photographs and assignment of rights, for all cases not provided for herein or on an ad hoc basis.
15.3. Events. The provisions of the preceding paragraph also apply to videos and photographs taken on the occasion of any type of event (public, reserved to customers, etc.) organized or co-organized by the Company. Images may be recorded and published by the Company, including on social networks. If the Customer does not wish to appear in any publication of the images, he/she will be asked to stand at the back of the room, not to participate in group photos, not to signal the photographer / cameraman in whose field he/she could be placed.
Article 16. CHANGE OF GENERAL CONDITIONS
The Company reserves the right to modify the terms, conditions and mentions of the GTC at any time and without notice in order to adapt them to the evolution of the Site or the evolution of its offers. The applicable conditions are those accepted by the Customer and sent to the Customer in the case of distance selling by any means of communication on a durable medium.
Modifications to the GCS made by the Company shall not apply to Orders already placed, with the exception of clauses relating to technical developments on the Site, provided that this does not entail an increase in price, nor an alteration in the quality or characteristics to which the non-professional Customer or consumer has committed himself.
The Customer may also be asked to accept the modified GCS and, failing this, the last accepted GCS shall continue to apply until the Product is actually delivered. If it is impossible for the Company to continue the execution of the Contract under the above conditions, the Customer is entitled to request cancellation and reimbursement.
Article 17. LIABILITY
17.1. Liability of Users and Customers
The User or Customer is solely responsible for the interpretations he/she makes of the information provided in the contents of the Products, for the advice he/she deduces or is given and for the adaptations he/she makes for his/her own activities. The use of the information is the sole responsibility and risk of the Customer, who expressly accepts it.
When the Product is delivered with a user manual or any other guide, including by reference to a URL link, the Client undertakes to take it into account and to use the Product in accordance with the recommendations provided.
In the exchange spaces, the Client assumes, as publisher, responsibility for the communication of information to the public and editorial responsibility for all its communication, both physical and online, including but not limited to its site(s), blogs, pages and social media accounts. The Client is solely responsible for the quality, legality and relevance of the data and content it transmits to the public.
17.2. Limitation of Liability to Professional Customers
Regardless of the type of Product ordered by the Professional Customer, the Company’s liability is expressly limited to compensation for direct damages ascertained by the Professional Customer. In no event shall the Company be liable for indirect damages, such as loss of data, files, operating losses, commercial losses, loss of revenue, damage to the Professional Customer’s image and reputation.
Likewise, the Company shall not be liable for direct and indirect damage caused to the User’s equipment when accessing the Site, and resulting either from the use of equipment that does not comply with the conditions provided, or from the occurrence of an error or incompatibility.
IN ANY CASE, THE COMPANY’S LIABILITY IS LIMITED, AS FAR AS PROFESSIONALS ARE CONCERNED, TO THE AMOUNT OF THE PRICE PAID BY THE CUSTOMER, EXCLUDING TAXES, IN EXCHANGE FOR THE SUPPLY OF THE PRODUCT IN THE CONTEXT OF WHICH THE DISPUTE ARISES. IT IS UNDERSTOOD THAT THIS AMOUNT IS THE MAXIMUM THAT COULD BE DEMANDED FROM THE COMPANY BY WAY OF COMPENSATION (DAMAGES) AND PENALTIES, WHATEVER THE ALLEGED CAUSES OF THE DAMAGE AND THE LEGAL GROUNDS USED, UNLESS THE LAW OR JURISPRUDENCE PREVENTS IT.
Article 18. GENERAL
The GCS and all purchase and sale transactions to which they refer are governed by French law. The GCS and the Site are drawn up in French. In the event that they are translated into one or more languages, only the French text shall be deemed authentic in the event of a dispute.
In the event that a clause of the GCS is deemed null and void, inapplicable, unenforceable or without effect, this shall not render the GCS null and void and the validity of the other provisions shall not be affected.
The temporary or permanent non-application of one or more clauses by the Company shall not constitute a waiver of the other clauses of these GTC, which shall continue to have effect.
The Client accepts that the Company may transfer the present contract to its affiliated companies or to a purchaser without its prior consent, insofar as this transfer may not lead to a reduction of the Client’s rights as a consumer.
Article 19. DISPUTES
19.1. Amicable settlement. In the event of a dispute, the Customer shall first contact the Company to try to find an amicable solution.
In case of difficulty in the execution of the Contract, the Customer consumer resident in Europe has the possibility, before taking any legal action, to request recourse to a consumer mediator identifiable on the website https://www.economie.gouv.fr/mediation-conso.
19.3. Disputes between professionals. IN THE EVENT OF A DISPUTE ARISING BETWEEN A PROFESSIONAL CUSTOMER AND THE COMPANY IN CONNECTION WITH THE ORDER, INTERPRETATION, PERFORMANCE AND/OR TERMINATION OF THE CONTRACT, EXCLUSIVE JURISDICTION IS GRANTED TO THE COURTS OF THE JURISDICTION OF THE CITY OF PARIS, WITHOUT PREJUDICE TO PLURALITY OF DEFENDANTS OR THIRD PARTY PROCEEDINGS, INCLUDING FOR EMERGENCY PROCEEDINGS OR INJUNCTIVE PROCEEDINGS BY WAY OF SUMMARY OR PETITION.