Terms of service
General conditions of use of the website boutique.azur-confort.com
applicable from 24/06/2021
ARTICLE 1. PARTIES
These general conditions are applicable between AZUR CONFORT , SAS , share capital: 187800 €, registered in the RCS of GRENOBLE in France le 02/04/2002 , under the number 441394699 , head office: ZI Chartreuse Guiers - 38380 ENTRE DEUX GUIERS , France , phone: +33476660791 , email: firstname.lastname@example.org , intra-community VAT number: FR55441394699 , hereinafter "the Publisher" and any person, natural or legal, under private or public law, registered on the Site to purchase a Product, hereinafter "the Customer".
ARTICLE 2. DEFINITIONS
" Client ": any person, natural or legal, of private or public law, registered on the Site.
" Site Content " : elements of any kind published on the Site, whether or not protected by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.
" The Editor " : AZUR CONFORT , SAS taken in its capacity as publisher of the Site.
" Internet user " : any person, natural or legal, under private or public law, connecting to the Site.
" Product ": goods of any kind sold on the Site by the Publisher to Customers.
" Site ": website accessible at the URL boutique.azur-confort.com , as well as sub-sites, mirror sites, portals and related URL variations.
ARTICLE 3. SCOPE
The Site is free and open access to all Internet users. Browsing the Site implies acceptance by all Internet users of these general conditions. The simple connection to the Site, by any means whatsoever, in particular by the intermediary of a robot or a browser, will imply full acceptance of these general conditions. When registering on the Site, this acceptance will be confirmed by checking the corresponding box.
By the same token, the Internet user acknowledges having read them fully and accepting them without restriction.
Checking the aforementioned box will be deemed to have the same value as a handwritten signature from the Internet user. The Internet user recognizes the value of proof of the Publisher's automatic recording systems and, except for him to provide 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.
The acceptance of these general conditions supposes on the part of the Internet users that they enjoy of the legal capacity necessary for this, or failing that they have the authorization of a tutor or curator if they are incapable, of their legal representative if they are minors, or even if they are holders of a mandate if they act on behalf of a legal person.
ARTICLE 4. PURPOSE OF THE SITE
The purpose of the Site is the sale of Products to Customers.
ARTICLE 5. CUSTOMER SERVICE
Customer service for the Site is accessible by email at email@example.com or by post to 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 essential 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 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 space personal, the Internet user is invited to choose a password. This password guarantees the confidentiality of the information contained in the personal area. The Internet user is therefore prohibited from transmitting or communicating 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 Client undertakes to carry out a regular verification of the data concerning him and to carry out the necessary updates and modifications online, from their personal space.
6.2. Content of the personal space
The personal space allows the Customer to consult and follow all his orders made on the Site.
Pages relating to personal spaces are freely printable by the account holder in question, but do not constitute admissible evidence by a court. They are only informative in nature intended to ensure efficient management of their orders by the Customer.
The Publisher undertakes to keep in a secure manner all the contractual elements whose conservation is required by applicable law or regulation.
6.3. Deletion of personal space
The Publisher reserves the right to delete the account of any Client who contravenes these general conditions, in particular when the Client provides inaccurate, incomplete or false information. or fraudulent, as well as when a Client's personal space has been inactive for at least one year. Said deletion will not be liable to constitute a fault on the part of the Publisher or damage to the excluded Customer, who will not be able to claim any compensation for this fact.
This exclusion is without prejudice to the possibility, for The Publisher, to take legal action against the Client, when the facts have justified it.
ARTICLE 7. PERSONAL DATA
As part of its service, the Publisher will be required to process the personal data of its Customers.
7.1. Identity of the data controller
The person responsible for data collection and processing on the Site is the Publisher.
7.2. Identity of the Data Protection Officer
7.3. Data collected
7.3.1. Data collected from customers
As part of its contractual relations, the Publisher may need to collect and process information from its Customers, namely: Email, Name and first name, Address, state, province, postal code, city .
7.3.2. Purposes of the collection of personal data
The data collected during the contractual relationship is subject to automated processing for the purpose of:
- fulfill contractual commitments;
- contact Customers;
- avoid any illicit or illegal activity;
- enforce the general conditions;
- initiate legal proceedings;
- verify the identity of Customers;
7.3.3. Legal bases for processing
The data collected has a contractual relationship as a legal basis.
7.3.4. Recipients of the data
The data collected can only be viewed by the Publisher within the limits strictly necessary for the execution of contractual commitments.
These data, which whether in individual or aggregated form, are never made freely viewable by a third natural person.
7.3.5. Retention period for personal data
The personal data collected are kept for the duration of the contractual relationship, and for the time during which the Publisher may be held liable.
After the retention period, the Publisher undertakes to permanently delete the data of the persons concerned without keeping a copy.
7.3 .6. Security and confidentiality of personal data
Personal data is kept in 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 premises of the Publisher is also secure.
7.3.7. Data minimization
The Publisher can also collect and process any data voluntarily transmitted by its Customers.
The Publisher directs its Customers to provide data of a personal nature strictly necessary for the execution of contractual commitments.
The Publisher undertakes to keep and process only the data strictly necessary for its professional activities, and will delete any data received that is not useful to its activities as soon as possible.
7.4. Respect for rights
The Clients of the Publisher have the following rights concerning their personal data, which they can exercise by writing to the postal address of the Publisher or by sending an email to firstname.lastname@example.org.
7.4.1. 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 the 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 written request ), both accompanied by the words "I certify on my honor that the copy of this identity document conforms to the original. Done at ... on ...", followed by their signature.
To help them in their process, Customers will find here a mail model developed by the Cnil.
7.4.2. Right of rectification, deletion and right to be forgotten of the data
The Clients of the Publisher have the possibility of requesting the rectification, the update, the blocking or the erasure of their personal data which may turn out to be inaccurate, erroneous, incomplete or obsolete.
The Publisher's Customers can also define general and specific directives relating to the fate of the data to personal character 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 the necessary updates made.
To help them in their process, Customers will find here a mail model developed by the CNIL.
7.4.3. Right to object to data processing
The Publisher's Customers have the possibility to oppose the processing of their personal data.
To help them in their process, Customers will find here a mail model developed by the CNIL.
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 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 kept and no longer used by the Publisher.
7.4.6. Response times
The Publisher undertakes to respond to any request for access, rectification or opposition or any other request for additional information within a reasonable period of time that may not exceed 1 month from receipt of the request.
7.4.7. Complaint to the competent authority
If the Publisher's Clients consider that the Publisher is not respecting its obligations with regard to their personal data, they may send a complaint or request to the competent authority. In France, the competent authority is the Cnil to which they can send a request here .
7.5. Transfer of collected data
7.5.1. Transfer on requisition or judicial decision
The Customers also agree that the Publisher communicates the data collected to any person, on request of a state authority or on judicial decision.
7.5.2. Transfer as part 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 activity by another company, the Customers agree that the data collected be transmitted by the Publisher to this company and that this company carries out the processing of personal data 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
Site Content is liable to 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 his successors or assigns constitutes a violation of Books I and III of the Intellectual Property Code and will be liable to to give rise to legal proceedings for infringement.
8.2. Contractual protection of Site Content
The Internet user undertakes contractually with regard to the Publisher not to use, reproduce or represent, in any way whatsoever, the Content of the Site, whether or not they are protected by intellectual property rights, for a 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.
8.3. Protection of general conditions
The general conditions of the Site, drawn up by the 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 proceedings for parasitism.
ARTICLE 9. FINAL STIPULATIONS
9.1. Applicable law
These general conditions are subject to the application of French law.
9.2. Modifications of these general conditions
These general conditions can be modified at any time by the Publisher. The general conditions applicable to the Customer are those in force on the day of his order or of his connection to this Site, any new connection to the personal space entailing acceptance, if applicable, of the new general conditions.
By virtue of ordinance n ° 2015-1033 of August 20, 2015, all disputes that may arise in the context of the execution of these general conditions and for which the solution is not may have been found beforehand 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 URL address next: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show"
Since January 1, 2016, mediation is compulsory for everyone. Thus, any professional selling to individuals is required to communicate the contact details of a competent Mediator in the event of a dispute, regardless of whether he is selling remotely or in a physical store (Source: FEVAD).
Public services site https://www.defenseurdesdroits.fr
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 the object hereof.
The absence of exercise by the Publisher of the rights which are recognized to him by the present can in no case be interpreted as a waiver to assert said rights. < /p>
9.6. Telephone canvassing
The Customer is informed that he has the possibility of registering on the list of opposition to telephone canvassing at the address http://www.bloctel.gouv.fr/ .
9.7 . Languages of these general conditions
These general conditions are offered in French.
9.8. Unfair terms
The stipulations of these general conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning unfair terms in contracts concluded between a professional and a consumer.