Terms of Sales
General conditions of sale of the website nicetyfem.myshopify.com
applicable from 20/11/2022
ARTICLE 1. PARTIES
These general conditions are applicable between NICETYfem , EI , registered in the RCS of LYONS in France THE 10/01/2019 , under the number 848262267 , registered office: 16 RUE DE L'EGLISE, 69930 ST LAURENT DE CHAMOUSSET, FR , telephone: +33667081799 , email: email@example.com , VAT not applicable, article 293B of the CGI, hereinafter "the Publisher" and any person, natural or legal, under private or public law, registered on the Site to buy a Product, hereinafter after “the Client”.
ARTICLE 2. DEFINITIONS
" Client ”: any person, natural or legal, under private or public law, registered on the Site.
" Contents of the Site" : 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 ”: NICETYfem , IS 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 ”: property of any kind sold on the Site by the Publisher to Customers.
“ Site ”: website accessible at the URL nicetyfem.myshopify.com and related subsites, mirror sites, portals and URL variations.
ARTICLE 3. SCOPE
The Site is open and free to all Internet users. Browsing on the Site implies acceptance by any Internet user of these general conditions. The simple connection to the Site, by any means whatsoever, in particular via a robot or a browser, will imply full acceptance of these general conditions. When registering on the Site, this acceptance will be confirmed by ticking the corresponding box.
The Internet user acknowledges by the same fact that he has read them fully and accepts them without restriction.
Ticking 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 proof value 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 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 on the part of Internet users that they have the necessary legal capacity for this, or failing that, that they have the authorization of a guardian or curator if they are unable , 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 Customers.
ARTICLE 5. STAGES OF THE ORDER
In order to place an order, Internet users can select one or more Products and add them to their basket. The availability of the Products is indicated on the Site, in the description of 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 be able 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 be able to remove one or more Products from their basket.
If their order suits them, Internet users can 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 with their personal information.
5.3. Payment by the Customer
As soon as 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. on the secure payment interface with the words "order with obligation to pay" 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 Client electronically, within a maximum period of 24 hours. Within the same period, the Publisher undertakes to send the Customer an e-mail summarizing the order and confirming the processing, containing all the information relating thereto.
ARTICLE 6. PRICE - PAYMENT
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 have no 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 pay by To fill in [paymentGateways] .
In the context of credit card payments, the Publisher has no access to any data relating to the Client's means of payment. Payment is made directly to the bank.
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.
The Publisher will send or make available to the Client an invoice electronically after each payment. The Customer expressly agrees to receive invoices electronically.
6.4. Default of payment
The agreed payment dates may not 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 affects the payment of the sums due in principal.
In addition, any delay in payment will result in the invoicing of the defaulting Customer of recovery costs in the amount of 40 euros, the immediate payment of all sums remaining due regardless of the agreed deadlines, plus an indemnity of 20% of the amount as a penalty clause, as well as the possibility of terminating the contract unilaterally at the fault of 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 that it is 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 SATURDAY of 08:00 has 6:00 p.m. at the following non-surcharged telephone number: 0667081799 , by e-mail to: NICETYFEM@GMAIL.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 an answer under 48 hours .
ARTICLE 8. PERSONAL SPACE
8.1. 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 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 is therefore prohibited from transmitting it 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 regularly check the data concerning him and to proceed online, from his personal space, to the necessary updates and modifications.
8.2. Content of the personal space
The personal space allows the Customer to consult and follow all his orders made on the Site.
The pages relating to personal spaces are freely printable by the account holder in question, but in no way constitute evidence admissible by a court. They have only an informative character intended to ensure an effective management of its orders by the Customer.
The Publisher undertakes to securely store all contractual elements whose storage is required by law or the regulations in force.
8.3. Deletion of 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, misleading or fraudulent information, as well as when the personal space of a Customer has remained inactive. for at least a year. Said deletion will not be likely 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 undertake legal proceedings against the Client, when the facts have justified it.
ARTICLE 9. PERSONAL DATA
As part of its service, the Publisher will be required to process the personal data of its Clients.
9.1. Identity of the controller
The person responsible for collecting and processing 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, firstname.lastname@example.org , 01 77 62 82 03, www.deshoulieres-avocats.com " always taking care to create a hypertext link 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 Clients, namely: Email, First and last name, Telephone, Address, state, province, postal code, city, Banking data, Contract history .
9.3.2. Data collected from customers
The data collected during the contractual relationship is 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 the legal basis of a contractual relationship.
9.3.4. Data recipients
The data collected can only be consulted by the Publisher within the limits strictly necessary for the performance 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 retention of personal data
The personal data collected is kept for the duration of the contractual relationship, and for the time during which the responsibility of the Publisher may be engaged.
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, according to current technical means, in compliance with the provisions of the General Data Protection Regulations and the national legislation in force.
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 Clients.
The Publisher directs its Customers to provide personal data strictly necessary for the performance 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 for its activities as soon as possible.
9.4. Respect for rights
The Publisher's Clients have the following rights concerning 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 Clients have the possibility of accessing the 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 (if requested using the dedicated electronic form) or a signed photocopy of their valid identity document (if requested in writing), 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 approach, Customers will find here a letter template developed by the CNIL.
9.4.2. Right of rectification, deletion and right to be forgotten
The Publisher's Customers have the possibility of requesting the rectification, updating, blocking 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 directives relating to the fate of personal data after their death. If necessary, the heirs of a deceased person may demand that the death of their loved one be taken into account and/or that the necessary updates be made.
To help them in their approach, Customers will find here a letter template developed by the CNIL.
9.4.3. Right to object to data processing
The Publisher's Clients have the possibility of opposing the processing of their personal data.
To help them in their approach, Customers will find here a letter template developed by the CNIL.
9.4.4. Right to data portability
The Publisher's Clients have the right to receive the personal data they have provided to the Publisher in a transferable, open and readable format.
9.4.5. Right to restriction of processing
The Publisher's Clients 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.
9.4.6. Reply duration
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 Clients 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 .
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 the implementation by its service providers of adequate guarantees and compliance with strict conditions in terms of confidentiality, use and data protection, for example via the US Privacy Shield.
The Publisher uses the following subcontractors:
|Treatment carried out
9.5.2. Transfer on requisition or judicial decision
Customers also consent to the Publisher communicating the data collected to any person, upon requisition by a state authority or by judicial decision.
9.5.3. Transfer as part of a merger or acquisition
If the Publisher is involved in a merger, a sale of assets, a financing transaction, a liquidation or bankruptcy or in an acquisition of all or part of its activity by another company, the Clients agree that the data collected are transmitted by the Publisher to this company and that this company operates the processing of personal data referred to in these General Conditions of Service instead of the Publisher.
ARTICLE 10. RESPONSIBILITY OF THE EDITOR
10.1. Nature of the Publisher's obligations
The Publisher undertakes to take the necessary care and diligence to supply 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 presents.
10.2. Force majeure - Customer's fault
The Publisher shall not be held liable in the event of force majeure or fault on the part of the Client, as defined in this article:
10.2.1. force majeure
Within the meaning of these general conditions, will be considered as a case of force majeure opposable to the Customer any impediment, limitation or disturbance of the Service due to fire, epidemic, explosion, earthquake, fluctuations in the bandwidth, 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 fault security attributable to the host of the Site or to the developers, flood, power failure, war, embargo, law, injunction, request or requirement of any government, requisition, strike, boycott, or other circumstances beyond the Publisher's reasonable control. In such circumstances, the Publisher will be exempted from performing its obligations within the limits of this impediment, this limitation or this disturbance.
10.2.2. Client's fault
Within the meaning of these General Conditions, will be considered as a fault of the Customer opposable to the latter any misuse of the Service, fault, negligence, omission or failure on his part or that of his employees, non-compliance with 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 incorrect information or the failure to update such information in its personal space. Will also be considered as a fault of the Customer the implementation of any technical process, such as robots, or automatic requests, the implementation of which would contravene the letter or the spirit of these general conditions of sale.
10.3. Technical issues - Hyperlinks
In the event of impossibility of access to the Site, due to technical problems of any kind, the Customer cannot claim damages and cannot 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 from The Editor.
The hypertext links on the Site may refer to other websites. The Publisher cannot be held liable if the content of these sites contravenes the legislation in force. Similarly, the Publisher cannot be held liable if the visit by the Internet user to one of these sites causes him 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 station to another or differ from reality depending on the quality of the graphic accessories and the screen or according to the resolution of the display. These variations and differences cannot in any case be imputed to the Publisher who cannot in any case be held liable for this fact.
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 cannot under any circumstances be held liable for consequential damages such as, in particular, loss of data, commercial damage, loss of orders, damage to the brand image, commercial disturbances and loss of profits or of customers. Similarly and within the same limits, the amount of damages charged to the Publisher may not in any event exceed the price of the Product ordered.
10.5. Hypertext links and content of the Site
The Contents of the Site are published for information only, without guarantee of accuracy. The Publisher cannot under any circumstances be held liable for any omission, inaccuracy or any error contained in this information and which would be the cause of direct or indirect damage caused to the Internet user.
ARTICLE 11. INTELLECTUAL PROPERTY
11.1. 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 its successors or assigns constitutes a violation of Books I and III of the Intellectual Property Code and will be liable give rise to legal proceedings for infringement.
11.2. 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 Contents of the Site, whether or not they are protected by an intellectual property right, 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.
ARTICLE 12. FINAL STIPULATIONS
12.1. Applicable right
These general conditions are subject to the application of French law.
12.2. Changes to these Terms and 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 his connection to this Site, any new connection to the personal space entailing acceptance, where applicable, of the new general conditions.
Under Ordinance No. 2015-1033 of August 20, 2015, any disputes that may arise in the context of the execution of these general conditions and whose solution could not be found beforehand amicably between the parties will have to 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 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 sells remotely or in a physical store (Source: FEVAD).
FNAE / http://cnpm-mediation-consumption.eu o
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 of these presents.
The lack of exercise by the Publisher of the rights which are recognized to him by the present can in no way be interpreted as a renunciation to assert the said rights.
12.6. 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/.
12.7. Languages of these general conditions
These general conditions are offered in French.
12.8. 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.