Terms of service
General conditions of use of the website
< span style = "font-weight: 400;" data-mce-style = "font-weight: 400;" data-mce-fragment = "1"> applicable from 06/10/2021
ARTICLE 1. PARTIES
These general conditions are applicable between La Fabrique & amp; Co ', SAS, share capital: € 4,300, registered with the RCS of Albi in France on 12/01/2021, under number 892 797 580, head office: rouffiac, le catas, 81170 MOUZIEYS PANENS, France, telephone: +33631435741 , E-mail : firstname.lastname@example.org, VAT not applicable, article 293B of the CGI, hereinafter "the Publisher" and any person, natural or legal, of private or public law, registered on the Site to buy a Product, here- after "the Client".
ARTICLE 2. DEFINITIONS
" Client ": any person, natural or legal, of private or public law, registered on the Site.
" Site Contents" < span style = "font-weight: 400;" data-mce-fragment = "1" data-mce-style = "font-weight: 400;">: 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. & nbsp;
" Editor ": The Factory & amp; Co ’, 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.< p data-mce-fragment = "1"> " Site ": website accessible at the URL www.maisoncoquelicot-store.com, as well as the sub-sites, mirror sites , portals and related URL variations.
ARTICLE 3. SCOPE < / b>
The Site is free and open 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 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 and accepted them without restriction. & nbsp; p>
Checking 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 recognizes the evidential value of the Publisher's automatic registration 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. & Nbsp;
Acceptance of these general conditions assumes that Internet users have the necessary legal capacity 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 that they hold a mandate if they are acting on behalf of a legal person.
ARTICLE 4. PURPOSE OF THE SITE b >
The purpose of the Site is to sell Products to Customers.
ARTICLE 5. CUSTOMER SERVICE
Site customer service is accessible from the site's contact page: www.maisoncoquelicot- store . com / pages / contact & nbsp; or by email to email@example.com or by post to the address indicated at article 1 of these general conditions.
ARTICLE 6. PERSONAL SPACE h3>
6.1. CREATION OF 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 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. & Nbsp;
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 area. 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 the personal space of an Internet user.
The Customer undertakes to carry out a regular verification of the data concerning him and to proceed online, from his personal space , to the necessary updates and modifications.
6.2. CONTENTS OF PERSONAL SPACE
The personal space allows the Customer to consult and follow all his orders made on the Site. p>
The pages relating to personal spaces are freely printable by the holder of the account in question, but do not constitute proof admissible by a court. They have only an informative character intended to ensure an efficient management of its orders by the Customer.
The Publisher undertakes to securely store all contractual elements whose retention is required by law or regulation in effect.
6.3. DELETE 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, false or fraudulent information, 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 Editor 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, of taking legal action against the against the Client, when the facts have justified it.
ARTICLE 7. PERSONAL DATA < / b>
As part of its service, the Publisher will be required to process the personal data of its Customers. span>
7.1. IDENTITY OF THE DATA CONTROLLER
The person responsible for the collection and the data processed on the Site is the Editor.< h4 data-mce-fragment = "1"> 7.2. IDENTITY OF THE DATA PROTECTION OFFICER
The data protection officer is: Etienne Deshoulières, 121 boulevard de Sébastopol 75002 Paris, firstname.lastname@example.org , 01 77 62 82 03, www.deshoulieres-avocats.com "always taking care to create a hyperlink on the URL of our site< h4 data-mce-fragment = "1"> 7.3. DATA COLLECTED
7.3.1. 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, Name and first name, Telephone, Address, state, province, postal code, city, Contract history.
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 terms and conditions;
- initiate legal proceedings;
- verify the identity of Clients;
7.3.3. LEGAL BASIS OF THE PROCESSING
The data collected has a contractual relationship as a legal basis.
7.3.4. RECIPIENTS OF DATA
The data collected can only be viewed by the Publisher within the limits strictly necessary for the execution of contractual commitments. span >
These data, whether in individual or aggregated form, are never made freely viewable by a third party natural person.
7.3.5. PERIOD OF RETENTION OF PERSONAL DATA
The personal data collected are kept for the duration of the contractual relationship, and for the time during which the responsibility Editor can be engaged. & nbsp;
After the retention period, the Editor undertakes to permanently delete the data from data subjects without keeping a copy.
7.3.6. SECURITY AND CONFIDENTIALITY OF PERSONAL DATA LES
Personal data is stored in secure conditions, using 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 can also collect and process any data voluntarily transmitted by its Clients.
The Publisher directs its Customers to provide personal data strictly necessary for the performance of contractual commitments. & nbsp;
The Publisher undertakes to keep and process only the data strictly necessary for its professional activities, and will delete any data received not useful for its activities as soon as possible.
7.4. RESPECT OF RIGHTS
The Publisher's Clients have the following rights regarding their personal data, which they can exercise by writing to the address post of the Editor & nbsp; or by filling out the online contact form.
7.4.1. RIGHT OF INFORMATION, ACCESS AND DATA COMMUNICATION
The Publisher's Clients have the possibility of accessing personal data concerning them. p >
Due to the obligation of security and confidentiality in the processing of personal data which is 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 request by 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 document identity matches the original. Done at… on… ”followed by their signature.
To help them in their process, Customers will find here a mail template developed by the Cnil.
7.4.2. RIGHT OF CORRECTION, DELETION AND RIGHT TO FORGET OF DATA
The Publisher's Clients have the possibility of requesting the rectification, the update, the locking or even the deletion of their personal data which may prove to be inaccurate, erroneous, incomplete or obsolete.
The Publisher's Clients may also define general and specific guidelines relating to the fate of personal data after their death. If applicable, the heirs of a deceased person may require taking the death of their loved one into consideration and / or making the necessary updates.
To help them in their process, Customers will find & nbsp; here a mail template developed by the Cnil.
7.4.3. RIGHT OF OBJECTION TO DATA PROCESSING
The Publisher's Clients have the possibility to object to the processing of their personal data. & nbsp; span >
To help them in their process, Customers will find & nbsp; here a mail template developed by the Cnil.
7.4.4. RIGHT TO DATA PORTABILITY
The Publisher's Clients have the right to receive the personal data they have provided to the Publisher in a format transferable, open and readable. & nbsp;
7.4.5. RIGHT TO LIMITATION OF PROCESSING
Publisher's Clients have the right to request that the processing of their personal data by the Publisher be restricted. Thus, their data can only be kept and no longer used by the Editor.
7.4.6. RESPONSE TIME
The Publisher undertakes to respond to any request for access, rectification or opposition or any other additional request information within a reasonable period of time, which may not exceed 1 month from receipt of the request.
7.4.7. COMPLAINT WITH THE COMPETENT AUTHORITY
If the Publisher's Customers consider that the Publisher is not respecting its obligations with regard to 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 send a request here .
7.5. TRANSFER OF COLLECTED DATA & nbsp;
7.5.1. TRANSFER TO PARTNERS
The Publisher uses authorized service providers to facilitate the collection and processing of its Customers' data. These providers may be located outside the European Union.
The Publisher has previously ensured the implementation by its providers of adequate guarantees and compliance with strict conditions in matters of confidentiality, use and data protection, for example via the US Privacy Shield.
The Editor uses the following subcontractors:
|< p data-mce-fragment = "1"> Quality||< p data-mce-fragment = "1"> Destination country|| |
|< p data-mce-fragment = "1"> Processor and Co-processor|| |
|< p data-mce-fragment = "1"> Storage of contact listings, sending messages by email or SMS, conservation and analysis of email deliverability data. span>|| |
Processor and Co-processor
USA (Privacy Shield)
Development of commercial statistics in order to generate reports on Internet user interactions.td >
| tr > |
7.5.2. TRANSFER ON REQUISITION OR COURT DECISION
Customers also agree that the Publisher communicates the data collected to any person, upon request from a state authority or by court order. & nbsp;
7.5.3. TRANSFER UNDER A MERGER OR ACQUISITION
If the Publisher is involved in a merger, sale of assets, financing operation, 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 Editor.
ARTICLE 8. INTELLECTUAL PROPERTY & nbsp; b>
8.1. LEGAL PROTECTION OF SITE CONTENT
The Contents of the Site are likely 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 of 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 law. intellectual property, 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. span>
8.3. PROTECTION OF TERMS AND CONDITIONS
The general conditions of the Site, written by Deshoulières Avocats Associés ( www.deshoulier es-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. & nbsp;
9.2. CHANGES TO THESE GENERAL CONDITIONS
These general conditions may 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 area implying acceptance, where applicable, of the new general conditions. & Nbsp; p>
Pursuant to ordinance No. 2015-1033 of August 20, 2015, all disputes that may arise in the context of the 'execution of these general conditions and whose solution cannot be found beforehand amicably between the parties must be submitted to Medicys: www.medicys.fr .
In addition, the Customer is informed of the existence of the online dispute resolution platform, accessible at the address Following URL: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show span>
Any dispute relating to or in connection with this contract will be settled by arbitration in accordance with the rules of the Digital Institute of Arbitration and Mediation: www.fast-arbitre.com < / span> . p>
< span style = "font-weight: 400;" data-mce-fragment = "1" data-mce-style = "font-weight: 400;"> The invalidity of one of the clauses of this contract will not result in 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 by a valid stipulation corresponding to the spirit and the 'subject hereof.
The absence of exercise by the Publisher of the rights which are hereby recognized may in no case be interpreted as a waiver of the assertion of said rights.
9.6. PHONE DEAL
The Customer is informed that he has the possibility of subscribing to the list of opposition to canvassing at the address http://www.bloctel.gouv.fr/ . & nbsp;
9.7. LANGUAGES OF THESE GENERAL CONDITIONS
These general conditions are offered in French and in English translation.
9.8. ABUSIVE CLAUSES
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.