General conditions of sale
General conditions of sale of the website boudoir-nimois.com
applicable from 07/02/2023
ARTICLE 1. PARTIES
These general conditions are applicable between Boudoir Nimes , Self-employed , registered with the RCS of nimes in France , under number Nimes A 881 195 176 , head office: 52 Rue Bachalas, 30000 Nimes, FR , telephone: +33625680338 , email: herry.mewen+3@gmail.com , intra-community VAT number: FR17881195176 , hereinafter “the Publisher” and any person, natural or legal, private or public law, registered on the Site to purchase a Product, hereinafter “the Customer”.
ARTICLE 2. DEFINITIONS
" “ Client ”: any person, natural or legal, private or public, registered on the Site.
“ Contents of the Site” : elements of any nature published on the Site, protected or not by an intellectual property right, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.
" The Publisher ": Boudoir Nimes , Self-employed taken in its capacity as publisher of the Site.
“ Internet user ”: any person, natural or legal, private or public, connecting to the Site.
“ Product ”: goods of any kind sold on the Site by the Publisher to Customers.
“ Site ”: website accessible at the URL boudoir-nimois.com , as well as the sub-sites, mirror sites, portals and URL variations related thereto.
ARTICLE 3. SCOPE OF APPLICATION
The Site is freely accessible and free of charge to any Internet user. Browsing the Site implies acceptance by any Internet user of these general conditions. Simply connecting to the Site, by any means whatsoever, in particular via a robot or a browser, will imply full and complete acceptance of these general conditions. When registering on the Site, this acceptance will be confirmed by checking the corresponding box.
The Internet user thereby acknowledges having fully understood them and accepts them without restriction.
Checking the above box will be deemed to have the same value as a handwritten signature from the Internet User. The Internet User acknowledges the evidentiary value of the Publisher's automatic recording systems and, unless he provides proof to the contrary, he waives the right to contest them in the event of a dispute.
These general conditions are applicable to the relations between the parties to the exclusion of all other conditions, and in particular those of the Internet user.
Acceptance of these general conditions assumes that Internet users have the legal capacity necessary for this, or failing that, that they have the authorization of a guardian or curator if they are incapable, of their legal representative if they are minors, or that they hold a mandate if they are acting on behalf of a legal entity.
ARTICLE 4. PURPOSE OF THE SITE
The purpose of the Site is the sale of Products to Customers.
ARTICLE 5. ORDER STEPS
5.1. Order
In order to place an order, Internet users may select one or more Products and add them to their basket. The availability of the Products is indicated on the Site, in the description sheet for each item. When their order is complete, they can access their basket by clicking on the button provided for this purpose.
5.2. Validation of the order by the Internet user
By consulting their basket, Internet users will have the ability to check the number and nature of the Products they have chosen and will be able to check their unit price, as well as their overall price. They will have the option of removing one or more Products from their basket.
If their order is satisfactory, Internet users will be able to validate it. They will then access a form on which they can either enter their login details if they already have them, or register on the Site by completing the registration form using their personal information.
5.3. Payment by the Customer
Once they are connected or after they have fully completed the registration form, Customers will be invited to check or modify their delivery and billing details, then will be invited to make their payment by being redirected for this purpose to the secure payment interface containing the words "order with payment obligation" or any similar formula.
5.4. Confirmation of the order by the Publisher
Once the payment has actually been received by the Publisher, the latter undertakes to acknowledge receipt to the Customer electronically, within a maximum period of 24 hours. Within the same period, the Publisher undertakes to send the Customer an email summarizing the order and confirming its processing, including all the information relating thereto.
ARTICLE 6. PRICE - PAYMENT
6.1. Price
The applicable prices are those displayed on the Site on the day of the order. These prices may be modified at any time by the Publisher. The prices displayed are only valid on the day of the order and do not have effect for the future.
The prices indicated on the Site are understood to be in euros, all taxes included, excluding delivery costs.
6.2. Payment method
The Customer can make payment by Paypal, Stripe .
In the context of payments by bank card, the Publisher does not have access to any data relating to the Customer's means of payment. Payment is made directly to the banking establishment.
In the event of payment by money order, check or bank transfer, delivery times only begin to run from the date of receipt of payment by the Publisher.
6.3. Billing
The Publisher will send or make available to the Customer an invoice electronically after each payment. The Customer expressly agrees to receive invoices electronically.
6.4. Default of payment
Agreed payment dates cannot be delayed for any reason whatsoever, including in the event of a dispute.
Any amount not paid on the due date will give rise, automatically and without formal notice, to the application of late payment penalties calculated on the basis of a rate equal to 3 times the legal interest rate, without this penalty affecting the due date of the amounts due in principal.
In addition, any late payment will result in the defaulting Customer being billed for recovery costs of 40 euros, all amounts remaining due becoming due immediately regardless of the agreed deadlines, plus compensation of 20% of the amount as a penalty clause, as well as the possibility of terminating the contract unilaterally due to the Customer. This clause is part of the provisions of Article 1152 of the Civil Code, allowing the judge to reduce the compensation if the judge considers it to be excessive.
6.5. Retention of title
The Products sold remain the property of the Publisher until full payment of their price, in accordance with this retention of title clause.
ARTICLE 7. CUSTOMER SERVICE
The Site's customer service is accessible from Monday At Friday of 09:00 has 12:00 to the following non-premium rate telephone number: 0757823292 , by email to: service-client@boudoir-nimois.com or by post to the address indicated in article 1 of these general conditions. In these last two cases, the Publisher undertakes to provide a response within 1 working days .
ARTICLE 8. PERSONAL SPACE
8.1. Creation of personal space
The creation of a personal space is an essential prerequisite for any order by 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. The 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 asked to choose a password. This password constitutes the guarantee of the confidentiality of the information contained in the personal space. The Internet user therefore agrees not to transmit it or communicate it to a third party. Failing this, the Publisher cannot be held responsible for unauthorized access to the personal space of an Internet user.
The Customer undertakes to regularly check the data concerning him/her and to make any necessary updates and modifications online, from his/her personal space.
8.2. Content of the personal space
The personal space allows the Customer to consult and track all of their orders placed on the Site.
The pages relating to personal spaces are freely printable by the holder of the account in question, but do not constitute evidence admissible by a court. They are only informative in nature and are 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 regulations in force.
8.3. Deletion of personal space
The Publisher reserves the right to delete the account of any Customer who violates these general terms and conditions, in particular when the Customer provides inaccurate, incomplete, false or fraudulent information, as well as when a Customer's personal space has remained inactive for at least one year. Said deletion will not be likely to constitute a fault of the Publisher or damage for the excluded Customer, who will not be able to claim any compensation for this reason.
This exclusion is without prejudice to the possibility for the Publisher to take legal action against the Client, when the facts justify it.
ARTICLE 9. PERSONAL DATA
As part of its service, the Publisher will be required to process personal data of its Customers.
9.1. Identity of the data controller
The person responsible for the collection and processing of data on the Site is the Publisher.
9.2. 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 taking care to create a hyperlink on the URL of our site
9.3. Data collected
9.3.1. Data collected from customers
As part of its contractual relations, the Publisher may be required to collect and process information from its Customers, namely: Email, First and Last Name, Phone, Address, State, Province, Zip Code, City .
9.3.2. Data collected from customers
The data collected during the contractual relationship are subject to automated processing for the purpose of:
- Initiate legal proceedings;
- Verify the identity of Customers;
9.3.3. Legal bases for processing
The data collected has a contractual relationship as its legal basis.
9.3.4. Data recipients
The data collected can only be viewed by the Publisher within the limits strictly necessary for the execution of contractual commitments.
This data, whether in individual or aggregated form, is never made freely viewable by a third party natural person.
9.3.5. Duration of storage of personal data
The personal data collected is kept for the duration of the contractual relationship, and for the time during which the Publisher's liability may be incurred.
After the retention period, the Publisher undertakes to permanently delete the data of the persons concerned without keeping a copy.
9.3.6. Security and confidentiality of personal data
Personal data is stored in secure conditions, using current technical means, in compliance with the provisions of the General Data Protection Regulation and current national legislation.
Access to the Publisher's premises is also secure.
9.3.7. Data minimization
The Publisher may also collect and process any data voluntarily transmitted by its Customers.
The Publisher directs its Customers to provide personal data strictly necessary for the execution of contractual commitments.
The Publisher undertakes to retain and process only data strictly necessary for its professional activities, and will delete any data received that is not useful for its activities as soon as possible.
9.4. Respect for rights
The Publisher's Customers have the following rights regarding their personal data, which they can exercise by writing to the Publisher's postal address or by completing the online contact form.
9.4.1. Right to information, access and communication of data
The Publisher's Customers have the possibility of accessing 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 Customers provide proof of their identity, in particular by producing a scan of their valid identity document (in the event of a request via the dedicated electronic form) or a signed photocopy of their valid identity document (in the event of a request sent in writing), both accompanied by the words "I certify on my honor that the copy of this identity document is a true copy of the original. Done at ... on ...", followed by their signature.
To help them in their approach, Customers will find here is a model letter developed by the CNIL.
9.4.2. Right to rectification, deletion and right to be forgotten of data
The Publisher's Customers have the possibility of requesting the rectification, updating, blocking or even deletion of their personal data which may prove to be inaccurate, erroneous, incomplete or obsolete.
The Publisher's Customers may also define general and specific guidelines regarding the fate of personal data after their death. Where applicable, the heirs of a deceased person may demand that the death of their loved one be taken into consideration and/or that the necessary updates be made.
To help them in their approach, Customers will find here is a model letter developed by the CNIL.
9.4.3. Right to object to data processing
The Publisher's Customers have the possibility of objecting to the processing of their personal data.
To help them in their approach, Customers will find here is a model letter developed by the CNIL.
9.4.4. 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.
9.4.5. Right to restriction of 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 retained and no longer used by the Publisher.
9.4.6. Response times
The Publisher undertakes to respond to any request for access, rectification or opposition or any other additional request for information within a reasonable period of time which may not exceed 1 month from receipt of the request.
9.4.7. Complaint to the competent authority
If the Publisher's Customers consider that the Publisher does not respect its obligations with regard to their personal data, they can send a complaint or a request to the competent authority. In France, the competent authority is the CNIL to which they can send a request here .
9.5. Transfer of collected data
9.5.1. Transfer to partners
The Publisher uses authorized service providers to facilitate the collection and processing of its Customers' data. These service providers may be located outside the European Union.
The Publisher has previously ensured that its service providers have implemented adequate guarantees and that they comply with strict conditions regarding confidentiality, use and protection of data, for example via the US Privacy Shield.
The Publisher uses the following subcontractors:
| Partner | Quality | Destination country | Treatment performed | Guarantees |
9.5.2. Transfer upon requisition or court decision
Customers also consent to the Publisher communicating the data collected to any person, upon request of a state authority or upon court decision.
9.5.3. Transfer in the context of a merger or acquisition
If the Publisher is involved in a merger, sale of assets, financing transaction, liquidation or bankruptcy or in an acquisition of all or part of its business by another company, Customers consent to the data collected being transmitted by the Publisher to this company and to this company carrying out the personal data processing referred to in these General Terms of Service in place of the Publisher.
ARTICLE 10. RESPONSIBILITY OF THE PUBLISHER
10.1. Nature of the Publisher’s obligations
The Publisher undertakes to take the necessary care and diligence to provide quality Products that comply with the specifications of these General Conditions. The Publisher is only liable for an obligation of means concerning the services covered by these General Conditions.
10.2. Force majeure - Customer fault
The Publisher shall not be liable in the event of force majeure or fault of the Client, as defined in this article:
10.2.1. Force majeure
For the purposes of these general terms and conditions, any impediment, limitation or disruption of the Service due to fire, epidemic, explosion, earthquake, bandwidth fluctuations, failure attributable to the access provider, failure of transmission networks, collapse of installations, illicit or fraudulent use of passwords, codes or references provided to the Customer, computer hacking, a security breach attributable to the Site host or developers, flood, power outage, war, embargo, law, injunction, request or requirement of any government, requisition, strike, boycott, or other circumstances beyond the reasonable control of the Publisher will be considered a case of force majeure against the Customer. In such circumstances, the Publisher will be exempted from the performance of its obligations to the extent of this impediment, limitation or disruption.
10.2.2. Customer Fault
Within the meaning of these General Terms and Conditions, any misuse of the Service, fault, negligence, omission or failure on the part of the Customer or its agents, failure to comply with the advice given by the Publisher on its Site, any disclosure or illicit use of the Customer's password, codes and references, as well as the provision of incorrect information or the failure to update such information in the Customer's personal space will be considered a fault of the Customer, which may be enforced against the Customer. The implementation of any technical process, such as robots or automatic requests, the implementation of which would contravene the letter or spirit of these general terms and conditions of sale will also be considered a fault of the Customer.
10.3. Technical problems - Hyperlinks
In the event of inability to access the Site, due to technical problems of any nature, the Customer will not be able to claim damages and will not be able to claim any compensation. The unavailability, even prolonged and without any time limit, of one or more online services, cannot constitute a prejudice for the Customers and cannot in any way give rise to the granting of damages by the Publisher.
The hyperlinks on the Site may refer to other websites. The Publisher shall not be held liable if the content of these sites contravenes current legislation. Similarly, the Publisher shall not be held liable if the Internet user's visit to one of these sites causes harm.
In the current state of the art, the rendering of the representations of the Products offered for sale on this Site, particularly in terms of colors or shapes, may vary significantly from one computer workstation to another or differ from reality depending on the quality of the graphic accessories and the screen or depending on the display resolution. These variations and differences may in no case be attributed to the Publisher, which may in no case be held liable for this.
10.4. Damages payable by the Publisher
In the absence of legal or regulatory provisions to the contrary, the Publisher's liability is limited to the direct, personal and certain damage suffered by the Customer and linked to the failure in question. The Publisher may not under any circumstances be held liable for indirect damages such as, in particular, loss of data, commercial losses, loss of orders, damage to brand image, commercial disruption and loss of profits or customers. Similarly and within the same limits, the amount of damages payable by the Publisher may not in any event exceed the price of the Product ordered.
10.5. Hypertext links and contents of the Site
The Contents of the Site are published for information purposes only, without any guarantee of accuracy. The Publisher may not be held liable under any circumstances for any omission, inaccuracy or error contained in this information that would cause direct or indirect damage to the Internet user.
ARTICLE 11. INTELLECTUAL PROPERTY
11.1. Legal protection of the Site Contents
The Contents of the Site may be protected by copyright and database law. Any representation, reproduction, translation, adaptation or transformation, in whole or in part, carried out illegally and without the consent of the Publisher or its beneficiaries or assigns constitutes a violation of Books I and III of the Intellectual Property Code and may give rise to legal proceedings for counterfeiting.
11.2. Contractual protection of the Site Contents
The Internet User contractually undertakes with respect to the Publisher not to use, reproduce or represent, in any way whatsoever, the Contents of the Site, whether or not they are protected by an intellectual property right, for any purpose other than that of their reading by a robot or a browser. This prohibition does not apply to indexing robots whose sole purpose is to scan the content of the Site for indexing purposes.
ARTICLE 12. FINAL STIPULATIONS
12.1. Applicable law
These general conditions are subject to the application of French law.
12.2. Modifications to these general conditions
These general terms and conditions may be modified at any time by the Publisher. The general terms and conditions applicable to the Customer are those in force on the day of his order or connection to this Site, any new connection to the personal space implying acceptance, where applicable, of the new general terms and conditions.
12.3. Disputes
Pursuant to Order No. 2015-1033 of August 20, 2015, any disputes that may arise in the context of the execution of these general conditions and for which a solution cannot be 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 address: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
Since January 1, 2016, mediation has been mandatory for everyone. Thus, any professional selling to individuals is required to provide the contact details of a competent Mediator in the event of a dispute, regardless of whether they sell remotely or in a physical store (Source: FEVAD).
boudoir nimes / info@boudoir-nimois.com
12.4. Entirety
The invalidity of one of the clauses of this contract shall not entail the invalidity of the other clauses of the contract or of the contract as a whole, which shall retain their full effect and scope. In such a case, the parties shall, as far as possible, replace the cancelled stipulation with a valid stipulation corresponding to the spirit and purpose of these terms.
12.5. Non-waiver
The Publisher's failure to exercise the rights granted to it herein may not under any circumstances be interpreted as a waiver of the right to assert said rights.
12.6. Telephone canvassing
The Customer is informed that he has the possibility of registering on the telephone canvassing opposition list at the address http://www.bloctel.gouv.fr/.
12.7. Languages of these general conditions
These general conditions are offered in French.
12.8. Abusive clauses
The provisions of these general conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning unfair clauses in contracts concluded between a professional and a consumer.