Terms of service
Terms of use of the website lespierresdanna.com
applicable from 07/07/2022
ARTICLE 1. PARTIES
These general conditions are applicable between Les pierres d'Anna, SAS, share capital: 30000 €, registered with the RCS of Versailles in France on 07/07/2020, under the number 884 930 504, head office: 20 rue de Provence, 78000 VERSAILLES, FR, telephone: +33685268830, email: lespierresdanna@gmail.com, VAT number: FR76884930504, hereinafter "the Publisher" and any natural or legal person, private or public law, registered on the Site to purchase a Product, hereinafter "the Customer".
ARTICLE 2. DEFINITIONS
"Customer": any natural or legal person, user: another translation
of private or public law, registered on the Site.
"Site Content": elements of any nature published on the Site, protected or not by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.
"The Publisher": Les pierres d'Anna, SAS in its capacity as publisher of the Site.
"Internet user": any natural or legal person, private or public law, connecting to the Site.
"Product": good of any nature sold on the Site by the Publisher to Customers.
"Site": website accessible at the URL lespierresdanna.com, as well as sub-sites, mirror sites, portals and URL variations related thereto.
ARTICLE 3. SCOPE OF APPLICATION
The Site is freely accessible to any Internet user. Browsing the Site implies acceptance by any Internet user of these general conditions. The simple connection to the Site, by any means whatsoever, including through a robot or browser, will entail full and complete acceptance of these general conditions. When registering on the Site, this acceptance will be confirmed by ticking the corresponding box.
The Internet user acknowledges that he/she has fully read and accepts them without restriction.
Ticking the aforementioned box will be deemed to have the same value as a handwritten signature on the part of the Internet user. The Internet user acknowledges the probative value of the Publisher's automatic registration systems and, unless he/she provides proof to the contrary, waives the right to challenge them in the event of a dispute.
These general conditions apply to relations between the parties to the exclusion of all other conditions, and in particular those of the Internet user.
Acceptance of these general conditions implies that Internet users have the necessary legal capacity to do so, or failing that, that they have the authorization of a guardian or curator if they are incapacitated, of their legal representative if they are minors, or that they hold a mandate if they are acting on behalf of a legal person.
ARTICLE 4. PURPOSE OF THE SITE
The purpose of the Site is to sell Products to Customers.
ARTICLE 5. CUSTOMER SERVICE
The customer service of the Site is accessible from the contact page of the site or by email at contact@lespierresdanna.com or by postal mail at the address indicated in article 1 of these general conditions.
ARTICLE 6. PERSONAL SPACE
6.1. Creation of the personal space
The creation of a personal space is a prerequisite for any order from an Internet user on the Site. To this end, the Internet user will be asked to provide a certain amount of personal information. Some of this information is deemed essential for the creation of the personal space. Refusal by an Internet user to provide said information will have the effect of preventing the creation of the personal space as well as, incidentally, the validation of the order.
When creating the personal space, the Internet user is invited to choose a password. This password guarantees the confidentiality of the information contained in the personal space. The Internet user is therefore prohibited from transmitting or communicating it to a third party. Otherwise, the Publisher cannot be held responsible for unauthorized access to an Internet user's personal space.
The Customer undertakes to carry out regular checks on the data concerning him/her and to proceed online, from his/her personal space, with the necessary updates and modifications.
6.2. Content of the personal space
The personal space allows the Customer to consult and follow all his/her orders placed on the Site.
The pages relating to personal spaces are freely printable by the account holder concerned but do not constitute admissible evidence before a court. They are for informational purposes only, intended to ensure efficient management of orders by the Customer.
The Publisher undertakes to securely store all contractual elements whose retention is required by law or current regulations.
6.3. Deletion of the personal space
The Publisher reserves the right to delete the account of any Customer who contravenes these general conditions, in particular when the Customer provides inaccurate, incomplete, misleading or fraudulent information, as well as when the personal space of a Customer has remained inactive for at least one year. Such deletion shall not constitute a fault on the part of the Publisher or damage to the excluded Customer, who may not claim any compensation as a result.
This exclusion is without prejudice to the possibility for the Publisher to undertake judicial proceedings against the Customer, where the facts warrant it.
ARTICLE 7. PERSONAL DATA
In the context of its provision, the Publisher will be required to process personal data of its Customers.
7.1. Identity of the data controller
The controller of the collection and data processed on the Site is the Publisher.
7.2. Identity of the Data Protection Officer
The data protection officer is: Etienne Deshoulières, 121 boulevard de Sébastopol 75002 Paris, contact@deshoulieres-avocats.com, 01 77 62 82 03, www.deshoulieres-avocats.com" always making sure to create a hyperlink on the URL of our site
7.3. Data collected
7.3.1. Data collected from customers
In the context of its contractual relations, the Publisher may be required to collect and process information from its Customers, namely: Email, First and last name, Telephone, Address, state, province, postal code, city, Contract history.
7.3.2. Purposes of personal data collection
The data collected during the contractual relationship is subject to automated processing for the purpose of:
- execute contractual commitments;
- contact Customers;
- prevent any illicit or illegal activity;
- enforce the general conditions;
- initiate legal proceedings;
- verify the identity of Customers;
7.3.3. Legal basis for processing
The collected data have a contractual relationship as their legal basis.
7.3.4. Recipients of the data
The collected data can be consulted only by the Publisher within the strict limits necessary for the execution of the contractual commitments.
These data, whether in individual or aggregated form, are never made freely viewable by a third party.
7.3.5. Duration of personal data retention
Personal data collected is retained for the duration of the contractual relationship, and for the time during which the Publisher's liability may be engaged.
Once the retention period has expired, the Publisher undertakes to permanently delete the data of the persons concerned without retaining a copy.
7.3.6. Security and confidentiality of personal data
Personal data is stored under secure conditions, according to current technical means, in compliance with the provisions of the General Data Protection Regulation and the national legislation in force.
Access to the Publisher's premises is also secure.
7.3.7. Data minimization
The Publisher may also collect and process any data voluntarily transmitted by its Customers.
The Publisher undertakes to keep and process only the data strictly necessary for its professional activities and to delete any data received that is not useful for its activities as soon as possible.
7.4. Respect of rights
The Publisher's Customers have the following rights concerning their personal data, which they can exercise by writing to the Publisher's postal address or by filling in the online contact form.
7.4.1. Right to information, access and communication of data
The Publisher's Customers have the possibility to access personal data concerning them.
Due to the obligation of security and confidentiality in the processing of personal data incumbent on the Publisher, requests will only be processed if the Customers provide proof of their identity, in particular by producing a scan of their valid identity document (in case of request by the dedicated electronic form) or a signed photocopy of their valid identity document (in case of request sent by mail), both accompanied by the mention "I certify on my honor that the copy of this identity document is in conformity with the original. Done at ... on ...", followed by their signature.
To help them in their approach, the Customers will find here a model letter developed by the Cnil.
7.4.2. Right to rectification, deletion and right to forget data
The Publisher's Customers have the possibility to request the rectification, updating, blocking or deletion of their personal data which may prove, where applicable, inaccurate, erroneous, incomplete or obsolete.
The Publisher's Customers can also define general and specific directives concerning the fate of personal data after their death. In this case, the heirs of a deceased person may demand that the death of their relative be taken into consideration and/or that the necessary updates be made.
7.4.3. Right to object to data processing
The Publisher's Customers have the possibility to object to the processing of their personal data.
7.4.4. Right to Data Portability
The Publisher's Customers have the right to receive the personal data they have provided to the Publisher in a transferable, open, and readable format.
7.4.5. Right to Limit Processing
The Publisher's Customers have the right to request that the processing of their personal data by the Publisher be limited. Thus, their data can only be stored and no longer used by the Publisher.
7.4.6. Response Time
The Publisher undertakes to respond to any request for access, rectification, or opposition or any other additional request for information within a reasonable period, which may not exceed 1 month from the receipt of the request.
7.4.7. Complaint to the Competent Authority
If the Publisher's Customers consider that the Publisher is not respecting its obligations concerning their personal data, they can file a complaint or request with the competent authority. In France, the competent authority is the CNIL, to which they can send a request.
7.5. Transfer of Collected Data
7.5.1. Transfer upon Request or Judicial Decision
Customers also consent to the Publisher communicating the collected data to any person, upon request from a state authority or judicial decision.
7.5.2. Transfer in the Context of a Merger or Acquisition
If the Publisher is involved in a merger, asset sale, financing operation, liquidation or bankruptcy, or acquisition of all or part of its business by another company, Customers consent to the collected data being transmitted by the Publisher to this company and that this company operates the personal data processing referred to in these General Terms and Conditions of Service instead of the Publisher.
ARTICLE 8. INTELLECTUAL PROPERTY
8.1. Legal Protection of Site Content
The Site's content may be protected by copyright and database rights. Any unauthorized representation, reproduction, translation, adaptation, or transformation, in whole or in part, carried out illegally and without the consent of the Publisher or its successors or assigns, constitutes a violation of Books I and III of the Intellectual Property Code and may result in legal proceedings for infringement.
8.2. Contractual Protection of Site Content
The User agrees contractually with the Publisher not to use, reproduce or represent, in any way whatsoever, the Site's content, whether or not protected by intellectual property rights, for any purpose other than their reading by a robot or browser. This prohibition does not apply to indexing robots whose sole purpose is to scan the Site's content for indexing purposes.
8.3. Protection of General Terms and Conditions
The Site's general terms and conditions, drafted by the Deshoulières Avocats Associés firm (www.deshoulieres-avocats.com), are protected by commercial law. Any unauthorized reproduction, in whole or in part, carried out without the consent of Deshoulières Avocats Associés may result in legal proceedings for parasitism.
ARTICLE 9. FINAL PROVISIONS
9.1. Applicable Law
These general terms and conditions are subject to the application of French law.
9.2. Modification of These General Terms and Conditions
These general terms and conditions may be modified at any time by the Publisher. The applicable general terms and conditions for the Customer are those in force on the day of their order or connection to this Site, any new connection to the personal space implying acceptance, where applicable, of the new general terms and conditions.
9.3. Disputes
Pursuant to Ordinance No. 2015-1033 of August 20, 2015, any dispute that may arise in the context of the execution of these general terms and conditions and whose solution has not been found amicably between the parties must be submitted.
In addition, the Customer is informed of the existence of the online dispute resolution platform, accessible at the following URL: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
Since January 1, 2016, mediation is mandatory for all. Thus, any professional selling to individuals is required to communicate the contact details of a competent Mediator in case of dispute, regardless of whether they sell remotely or in a physical store (Source: FEVAD).
9.4. Entirety
The nullity of one of the clauses of this contract will not entail the nullity of the other clauses of the contract or of the contract as a whole, which will retain their full effect and scope. In such a case, the parties must, as far as possible, replace the canceled stipulation with a valid stipulation corresponding to the spirit and purpose of these terms.
9.5. Non-Waiver
The Publisher's failure to exercise the rights recognized by these terms and conditions may in no case be interpreted as a waiver of asserting said rights.
9.6. Telephone Canvassing
The Customer is informed that they have the possibility to register on the list of opposition to telephone canvassing at the address http://www.bloctel.gouv.fr/.
9.7. Languages of These General Terms and Conditions
These general terms and conditions are offered in French and English.
9.8. Abusive Clauses
The provisions of these general terms and conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning abusive clauses in contracts concluded between a professional and a consumer.