Terms of Use
General terms and conditions of use of the website almaclosetparis.fr
applicable from 09/13/2022
ARTICLE 1. PARTIES
These general conditions are applicable between ALMA CLOSET PARIS, Sole proprietorship, registered with the NANTERRE Trade and Companies Register in France, under number Nanterre 919651125 , registered office: 32 rue des azalees , 92230 Gennevilliers, FR, hereinafter "the Editor" and any person, natural or legal, private or public, registered on the Site to purchase a Product, hereinafter "the Client".
ARTICLE 2. DEFINITIONS
" Client ": any person, natural or legal, private or public, registered on the Site.
" Site Content ": elements of any kind 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 Editor ": ALMA CLOSET PARIS , Sole proprietorship in its capacity as editor 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 Editor to Clients.
" Site ": website accessible at the URL almaclosetparis.fr, as well as its sub-sites, mirror sites, portals and related URL variations.
ARTICLE 3. SCOPE OF APPLICATION
The Site is freely accessible to all Internet users. Browsing the Site implies the acceptance by any Internet user of these general conditions. Simple connection to the Site, by any means whatsoever, in particular via a robot or a browser, implies 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 having fully understood them and accepts them without restriction.
Ticking the aforementioned box will be deemed to have the same value as a handwritten signature by the Internet user. The Internet user acknowledges the probative value of the Editor's automatic registration systems and, unless proven otherwise, 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.
The 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 power of attorney 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 Clients.
ARTICLE 5. CUSTOMER SERVICE
The Site's customer service can be accessed from the contact page of the site or by email atservice-client@almaclosetparis.fror by postal mail at the address indicated in Article 1 of these general conditions.
ARTICLE 6. PERSONAL SPACE
6.1. Creation of personal space
The creation of a personal space is an indispensable prerequisite for any order placed 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 such information will prevent the creation of the personal space and, 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 therefore undertakes not to transmit or communicate it to a third party. Otherwise, the Editor cannot be held responsible for unauthorized access to an Internet user's personal space.
The Client undertakes to regularly check the data concerning him/her and to update and modify it online, from his/her personal space.
6.2. Content of the personal space
The personal space allows the Client to view and track all their orders placed on the Site.
Pages relating to personal spaces can be freely printed by the account holder in question, but do not constitute admissible proof in a court of law. They are for informational purposes only, intended to ensure efficient management of the Client's orders.
The Editor undertakes to securely keep all contractual elements whose retention is required by law or current regulations.
6.3. Deletion of personal space
The Editor reserves the right to delete the account of any Client who violates these general conditions, particularly when the Client provides inaccurate, incomplete, misleading or fraudulent information, as well as when a Client's personal space has remained inactive for at least one year. Such deletion shall not constitute a fault on the part of the Editor or damage to the excluded Client, who may not claim any compensation as a result.
This exclusion is without prejudice to the Editor's possibility of initiating legal proceedings against the Client when the facts have justified it.
ARTICLE 7. PERSONAL DATA
As part of its service, the Editor will be required to process the personal data of its Clients.
7.1. Identity of the data controller
The controller for the collection and processing of data on the Site is the Editor.
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 to our site's URL
7.3. Collected data
7.3.1. Data collected from customers
As part of its contractual relations, the Editor may collect and process information from its Clients, namely: Email, First and last name, Phone, Address, state, province, zip code, city.
7.3.2. Purposes of personal data collection
The data collected during the contractual relationship are subject to automated processing for the purpose of:
- executing contractual commitments;
- contacting Clients;
- preventing any illicit or illegal activity;
- enforcing the general conditions;
- initiating legal proceedings;
- verifying the identity of Clients;
7.3.3. Legal basis for processing
The legal basis for the collected data is a contractual relationship.
7.3.4. Recipients of the data
The collected data is only accessible by the Editor within the limits strictly necessary for the execution of contractual commitments.
This data, whether individually or in aggregate form, is never freely viewable by a third natural person.
7.3.5. Personal data retention period
The personal data collected is stored for the duration of the contractual relationship, and for the period during which the Editor's liability may be incurred.
After the retention period, the Editor undertakes to definitively delete the data of the individuals concerned without keeping a copy.
7.3.6. Security and confidentiality of personal data
Personal data is stored securely, using current technical means, in compliance with the provisions of the General Data Protection Regulation and current national legislation.
Access to the Editor's premises is also secured.
7.3.7. Data minimization
The Editor may also collect and process any data voluntarily transmitted by its Clients.
The Editor guides its Clients to provide personal data strictly necessary for the performance of contractual commitments.
The Editor undertakes to store 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.
7.4. Respect for rights
The Editor's Clients have the following rights regarding their personal data, which they can exercise by writing to the Editor's postal address or by filling out the online contact form.
7.4.1. Right to information, access and communication of data
The Editor's Clients have the possibility to access their personal data.
Due to the obligation of security and confidentiality in the processing of personal data incumbent on the Editor, requests will only be processed if Clients provide proof of their identity, in particular by producing a scan of their valid identity document (in the case of a request via the dedicated electronic form) or a signed photocopy of their valid identity document (in the case of a written request), both accompanied by the statement "I certify on my honor that the copy of this identity document is identical to the original. Done at... on...", followed by their signature.
To assist them in their process, Clients will find here a letter template prepared by the CNIL.
7.4.2. Right to rectification, deletion and right to be forgotten data
The Editor's Clients have the possibility to request the rectification, update, blocking or even erasure of their personal data which may be inaccurate, erroneous, incomplete or obsolete.
The Editor's Clients can also define general and specific guidelines regarding the fate of personal data after their death. If applicable, the heirs of a deceased person can demand that the death of their loved one be taken into consideration and/or that the necessary updates be made.
To assist them in their process, Clients will find here a letter template prepared by the CNIL.
7.4.3. Right to object to data processing
The Editor's Clients have the possibility to object to the processing of their personal data.
To assist them in their process, Clients will find here a letter template prepared by the CNIL.
7.4.4. Right to data portability
The Editor's Clients have the right to receive the personal data they have provided to the Editor in a transferable, open and readable format.
7.4.5. Right to restriction of processing
The Editor's Clients have the right to request that the processing of their personal data by the Editor be restricted. Thus, their data can only be stored and no longer used by the Editor.
7.4.6. Response times
The Editor undertakes to respond to any request for access, rectification or opposition or any other additional request for information within a reasonable period not exceeding 1 month from the date of receipt of the request.
7.4.7. Complaint to the competent authority
If the Editor's Clients consider that the Editor is not complying with its obligations regarding their personal data, they can address a complaint or a request to the competent authority. In France, the competent authority is the CNIL to which they can address a request here.
7.5. Transfer of collected data
7.5.1. Transfer to partners
The Editor uses authorized service providers to facilitate the collection and processing of its Clients' data. These service providers may be located outside the European Union.
The Editor has previously ensured that its service providers implement adequate guarantees and comply with strict conditions regarding confidentiality, use and data protection, for example via the US Privacy Shield.
The Editor uses the following subcontractors:
| Partner | Quality | Recipient country | Processing performed | Guarantees |
7.5.2. Transfer upon requisition or judicial decision
Clients also agree that the Editor may communicate the collected data to any person, upon requisition from a state authority or by judicial decision.
7.5.3. Transfer in the event of a merger or acquisition
If the Editor is involved in a merger, asset sale, financing operation, liquidation or bankruptcy, or in an acquisition of all or part of its business by another company, Clients agree that the collected data may be transferred by the Editor to this company and that this company will process the personal data referred to in these General Terms of Service in place of the Editor.
ARTICLE 8. INTELLECTUAL PROPERTY
8.1. Legal protection of Site Content
The Site Content 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 Editor or its assigns or beneficiaries constitutes a violation of Books I and III of the Intellectual Property Code and may give rise to legal action for infringement.
8.2. Contractual protection of Site Content
The Internet user contractually undertakes with the Editor not to use, reproduce or represent, in any manner whatsoever, the Content of the Site, whether or not protected by an intellectual property right, for any purpose other than for 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.
8.3. Protection of general terms and conditions
The general terms and conditions of the Site, drafted by the law firm Deshoulières Avocats Associés (www.deshoulieres-avocats.com), are protected by commercial law. Any reproduction, in whole or in part, made without the consent of Deshoulières Avocats Associés may give rise to legal action for parasitism.
ARTICLE 9. FINAL PROVISIONS
9.1. Applicable law
These general conditions are subject to the application of French law.
9.2. 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 their order or their connection to this Site, any new connection to the personal area implying acceptance, if applicable, of the new general terms and conditions.
9.3. Disputes
In accordance with Ordinance n°2015-1033 of August 20, 2015, all disputes that may arise in connection with the execution of these general terms and conditions and for which a solution could not be found amicably between the parties beforehand must be submitted.
Furthermore, 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 everyone. Thus, any professional selling to individuals is required to provide the contact details of a competent Mediator in case of dispute, regardless of whether they sell remotely or in a physical store (Source: FEVAD).
Ventes-paris-shop@hotmail.com / Ventes-paris-shop@hotmail.com
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 shall, as far as possible, replace the annulled stipulation with a valid stipulation corresponding to the spirit and purpose of these presents.
9.5. Non-waiver
The Publisher's failure to exercise the rights recognized to them by these presents cannot in any case be interpreted as a waiver of the right to assert said rights.
9.6. Telephone solicitation
The Customer is informed that they have the possibility to register on the list of opposition to telephone solicitation at the address http://www.bloctel.gouv.fr/.
9.7. Language of these general terms and conditions
These general terms and conditions are offered in French.
9.8. Abusive clauses
The stipulations 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.