Terms of sale

 

ARTICLE 7. CUSTOMER SERVICE

The Site's customer service is available Monday to Friday from 08:30 to 16:30 at the following non-premium telephone number: 04 93 39 46 46, by email at: info@leshop17.com or by post at the address given in Article 1 of these general terms and conditions. In these last two cases, the Publisher undertakes to respond within 4 business days.

 

ARTICLE 8. PERSONAL ACCOUNT

Creation of the personal account

The creation of a personal account is a prerequisite for any order placed by an Internet User on the Site. To this end, the Internet User will be asked to provide certain personal information. Some of this information is deemed essential for the creation of the personal account. An Internet User's refusal to provide such information will prevent the creation of the personal account and, incidentally, the validation of the order.

When creating the personal account, the Internet User is asked to choose a password. This password guarantees the confidentiality of the information contained in the personal account. The Internet User therefore undertakes not to disclose or communicate it to any third party. Failing this, the Publisher cannot be held liable for unauthorized access to an Internet User's personal account.

The Customer undertakes to regularly check their own data and to make the necessary updates and changes online from their personal account

Content of the personal account

The personal account allows the Customer to view and track all their orders placed on the Site.

Pages relating to personal accounts may be freely printed by the holder of the account in question, but do not in any way constitute admissible evidence before a court. They are for informational purposes only, intended to enable the Customer to manage their orders efficiently.

The Publisher undertakes to securely retain all contractual elements whose retention is required by applicable law or regulations.

Deletion of the personal account

The Publisher reserves the right to delete the account of any Customer who breaches these general terms and conditions, in particular where the Customer provides inaccurate, incomplete, misleading or fraudulent information, as well as where a Customer's personal account 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 shall not be entitled to any compensation as a result.

This exclusion is without prejudice to the Publisher's ability to take legal action against the Customer, where the facts justify it.

 

ARTICLE 9. PERSONAL DATA

In the course of providing its services, the Publisher will process personal data belonging to its Customers.

Identity of the data controller

The party responsible for the collection and processing of data on the Site is the Publisher.

Data collected from customers

In connection with its contractual relationships, the Publisher may collect and process the following information from its Customers: Email, First and last name, Telephone, Address, state, province, postal code, city, Order history.

Legal bases for processing

The legal basis for the data collected is a contractual relationship.

Data recipients

The data collected may only be consulted by the Publisher, strictly to the extent necessary for the performance of its contractual commitments. This data, whether in individual or aggregated form, is never made freely visible to any third-party natural person.

Personal data retention period

The personal data collected is retained for the duration of the contractual relationship, and for as long as the Publisher's liability may be engaged.

Once the retention period has elapsed, the Publisher undertakes to permanently delete the data of the persons concerned without keeping a copy.

Security and confidentiality of personal data

Personal data is retained under secure conditions, using current technical means, in compliance with the provisions of the General Data Protection Regulation and applicable national legislation.

Access to the Publisher's premises is also secured.

Data minimization

The Publisher may also collect and process any data voluntarily provided by its Customers.

The Publisher directs its Customers to provide only personal data that is strictly necessary for the performance of contractual commitments.

The Publisher undertakes to retain and process only the data strictly necessary for its business activities, and will delete any data received that is not useful for its activities as soon as possible.

Respect for rights

The Publisher's Customers have the following rights regarding their personal data, which they may exercise by writing to the Publisher's postal address or by completing the online contact form.

Right to information, access and communication of data

The Publisher's Customers may access the personal data concerning them.

Due to the security and confidentiality obligations incumbent on the Publisher in the processing of personal data, requests will only be processed if Customers provide proof of their identity, in particular by submitting a scan of a valid proof of identity (in the case of a request via the dedicated electronic form) or a signed photocopy of a valid proof of identity (in the case of a request made in writing), both accompanied by the statement "I hereby certify that this copy of my identity document is a true copy of the original. Done at … on …", followed by their signature.

To assist them in this process, Customers will find here a model letter drafted by the CNIL.

Right to rectification, erasure and the right to be forgotten

The Publisher's Customers may request the rectification, updating, restriction or erasure of their personal data where it is inaccurate, erroneous, incomplete or outdated.

The Publisher's Customers may also set out general and specific directives regarding the fate of their personal data after their death. Where applicable, the heirs of a deceased person may require that their relative's death be taken into account and/or that the necessary updates be made.

To assist them in this process, Customers will find here a model letter drafted by the CNIL.

Right to object to processing

The Publisher's Customers may object to the processing of their personal data.

To assist them in this process, Customers will find here a model letter drafted by the CNIL.

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.

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 restricted. In such cases, their data may only be retained and no longer used by the Publisher.

Response times

The Publisher undertakes to respond to any request for access, rectification or objection, or any other additional request for information, within a reasonable period not exceeding 1 month from receipt of the request.

Complaints to the competent authority

If the Publisher's Customers consider that the Publisher is not fulfilling its obligations with regard to their personal data, they may lodge a complaint or request with the competent authority. In France, the competent authority is the CNIL, to which they may submit a request here.

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 satisfied itself in advance that its service providers implement adequate safeguards and comply with strict conditions regarding the confidentiality, use and protection of data, for example via the U.S. Privacy Shield.

The Publisher uses the following subcontractors: Google Analytics, Instagram.

Transfer pursuant to a request or court order

Customers also consent to the Publisher disclosing the data collected to any person, pursuant to a request from a government authority or a court order.

Transfer in connection with a merger or acquisition

Should the Publisher be involved in a merger, an asset sale, a financing transaction, a liquidation or bankruptcy, or in the acquisition of all or part of its business by another
company, Customers consent to the data collected being transferred by the Publisher to that company and to that company carrying out the personal data processing referred to in these General Terms of Service in place of the Publisher.

 

 

ARTICLE 10. LIABILITY OF THE PUBLISHER

Nature of the Publisher's obligations

The Publisher undertakes to apply the care and diligence necessary to supply Products of a quality consistent with the specifications of these General Terms and Conditions. The Publisher is only bound by a best-efforts obligation with regard to the services covered herein.

Force majeure – Customer fault

The Publisher shall not be held liable in the event of force majeure or fault on the part of the Customer, as defined in this article:

Force majeure

For the purposes of these general terms and conditions, any hindrance, limitation or disruption of the Service resulting from fire,
epidemic, explosion, earthquake, bandwidth fluctuations, failure attributable to the internet service provider, failure of transmission networks,
collapse of facilities, unlawful or fraudulent use of passwords, codes or references provided to the Customer, computer hacking, a security breach attributable to the Site's host or to the developers, flooding, power outage, war, embargo, law, injunction, request or requirement of any government, requisition, strike, boycott, or other circumstances beyond the Publisher's reasonable control, shall be considered a case of force majeure that may be invoked against the Customer. Under such circumstances, the Publisher shall be relieved of the performance of its obligations to the extent of such hindrance, limitation or disruption.

Customer fault

For the purposes 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 follow the advice given by the Publisher on its Site, any unlawful disclosure or use of the Customer's password, codes and references, as well as the provision of erroneous information or the failure to update such information in the Customer's personal account, shall be considered a fault of the Customer that may be invoked against the Customer. The use of any technical process, such as robots or automated requests, the implementation of which would contravene the letter or spirit of these general terms and conditions of sale, shall likewise be considered a fault of the Customer.

Technical issues – Hyperlinks

In the event that access to the Site becomes impossible due to technical problems of any kind, the Customer may not claim damage and shall not be entitled to any compensation. The unavailability, even prolonged and without any time limit, of one or more online services cannot constitute damage to Customers and cannot under any circumstances give rise to the award of damages by the Publisher.

Hyperlinks present on the Site may lead to other websites. The Publisher cannot be held liable if the content of these sites contravenes applicable legislation. Likewise, the Publisher cannot be held liable if an Internet User's visit to one of these sites causes them harm.

Given the current state of technology, the rendering of representations of Products offered for sale on this Site, particularly in terms of colors or shapes, may vary significantly from one computer to another or differ from reality depending on the quality of the graphics hardware and screen or the display resolution. Under no circumstances may such variations and differences be attributed to the Publisher, who cannot in any way be held liable as a result.

Damages payable by the Publisher

Unless otherwise provided by law or regulation, the Publisher's liability is limited to the direct, personal and certain harm suffered by the Customer and related to the failure in question. The Publisher may under no circumstances be held liable for indirect damages such as, in particular, data loss, business losses, lost orders, harm to brand image, business disruption and loss of profits or customers. Likewise and within the same limits, the amount of damages payable by the Publisher may in no event exceed the price of the Product ordered.

Hyperlinks and Site Content

Site Content is published for informational purposes only, without guarantee of accuracy. The Publisher cannot under any circumstances be held liable for any omission, inaccuracy or error
contained in this information which might cause direct or indirect harm to the Internet User.

 

 

ARTICLE 11. INTELLECTUAL PROPERTY

Legal protection of Site Content

Site Content may be protected by copyright and database rights. Any representation, reproduction, translation, adaptation or transformation, in whole or in part, carried out unlawfully and without the consent of the Publisher or its successors in title or assigns constitutes a violation of Books I and III of the French Intellectual Property Code and may give rise to legal proceedings for infringement.

Contractual protection of Site Content

The Internet User contractually undertakes to the Publisher not to use, reproduce or represent, in any manner whatsoever, Site Content, whether or not protected by
an intellectual property right, for any purpose other than reading it via a robot or a browser. This prohibition does not apply to indexing robots whose sole purpose is to scan the Site's content for indexing purposes.

 

 

ARTICLE 12. FINAL PROVISIONS

Applicable law

These general terms and conditions are governed by French law.

Amendments to these general terms and conditions

These general terms and conditions may be amended 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 account entailing acceptance, where applicable, of the new general terms and conditions.

Disputes

Pursuant to Ordinance No. 2015-1033 of August 20, 2015, any disputes that may arise in connection with the performance of these general terms and conditions, and for which a solution could not be found amicably between the parties beforehand, 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 has been mandatory for all. Accordingly, any professional selling to consumers 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).

CMAP / www.cmap.fr

Entirety

The invalidity of one of the clauses of this contract shall not result in 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, insofar as possible, replace the invalidated provision with a valid provision corresponding to the spirit and purpose hereof.

Non-waiver

The Publisher's failure to exercise any of the rights granted to it herein shall under no circumstances be construed as a waiver of its right to assert such rights.

Telephone canvassing

The Customer is informed that they have the option of registering on the telephone canvassing opt-out list at http://www.bloctel.gouv.fr/.

Language of these general terms and conditions

These general terms and conditions are provided in French.

Unfair terms

The provisions of these general terms and conditions apply subject to compliance with the mandatory provisions of the French Consumer Code concerning unfair terms in
contracts concluded between a professional and a consumer.