General conditions of sale of the website https://misaparis.com
ARTICLE 1. PARTIES
These general conditions are applicable between MisaParis Make-up, EIRL, share capital: 500,000, registered with the RCS of Paris in France on 04/11/2019, under number 853 108 058, registered office: 37 RU DES MATHURINS, France, phone: +33677733253, email: 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 purchase a Product, hereinafter the Customer.nt ».
ARTICLE 2. DEFINITIONS
« Client: any person, natural or legal, under 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 Publisher: MisaParis Make-up, EIRL 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 https://misaparis.com, as well as the related sub-sites, mirror sites, portals and URL variations..
ARTICLE 3. SCOPE
The Site is open and free 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 recognizes by the same fact to have taken full knowledge of them and to accept them without restriction.
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 challenge 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.
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 unable to do so. , of their legal representative if they are minors, or that they hold a mandate if they act on behalf of a legal person.
ARTICLE 4. PURPOSE OF THE SITE
The purpose of the Site is to sell Products to Customers.
ARTICLE 5. ORDER STEPS
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. Confirmation of the order by the Internet user
By consulting their basket, Internet users will be able to verify the number and the nature of the Products they have chosen and will be able to verify 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 one, or register on the Site by completing the registration form using their personal information.
5.3. Payment by the Client
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 including the mention order with payment obligation or any similar formula.e.
5.4. Confirmation of the order by the Publisher
Once payment has actually been received by the Publisher, the latter undertakes to acknowledge receipt to the Customer electronically, within a maximum period of 24 hours. Within the same period, the Publisher undertakes to send the Customer an email summary of the order and confirming the processing, including 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 can be changed 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 in euros, all taxes included, excluding delivery costs.
6.2. Method of payment
The Customer can pay by credit card. Credit card payments are made through secure transactions provided by stripe
In the context of payments by bank card, the Publisher has no access to any data relating to the Customer's means of payment. Payment is made directly into the hands of the banking establishment.
In the event of payment by money order, check or bank transfer, delivery times do not begin to run until 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 sum not paid on the due date will give rise, as of right 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 prejudices the exigibility 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, increased by an indemnity of 20% of the amount as a penalty clause, as well as the possibility of unilaterally terminating the contract to the fault of the Customer. This clause falls within the framework of the provisions of Article 1152 of the Civil Code allowing the judge to reduce the compensation if the judge considers it 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 to Friday from 9 a.m. to 7 p.m. at the following non-surcharged telephone number: WhatsApps), by email at email@example.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 a response within 2 working days.
The Site's customer service is accessible from the site's contact page: www.misapris. u by email at firstname.lastname@example.org
ARTICLE 8. PERSONAL SPACE
8.1. 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.
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 therefore refrains 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 agrees to carry out a regular verification of the data concerning him and to proceed online, from his personal space, with the necessary updates and modifications.
8.2. Content of 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 do not constitute admissible evidence by a court. They are for informational purposes only, intended to ensure efficient management of their orders by the Customer.
The Publisher undertakes to securely store all contractual elements whose retention is required by law or regulations in force.
8.3. Removal 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, false or fraudulent information, as well as when a Client's personal space has remained inactive. for at least a year. Said deletion will not be liable to constitute 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 9. PERSONAL DATA
As part of its service, the Publisher will be required to process the personal data of its Customers.
9.1. Identity of the controller
The person responsible for the collection and the data processed 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, email@example.com, 01 77 62 82 03, www.deshoulieres-avocats.com "always taking care to create a hypertext link on our website URL
9.3. Data collected
9.3.1. Data collected from customers
As part of its contractual relations, the Publisher may need to collect and process information from its Customers.
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 basis for processing
The data collected has a contractual relationship as a legal basis.
9.3.4. Data recipients
The data collected can only be viewed by the Publisher within the limits strictly necessary for the execution of contractual commitments.
This data, whether in individual or aggregated form, is never made freely viewable by a third natural person.
9.3.5. Retention period of personal data
The personal data collected is 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.
9.3.6. Security and confidentiality of personal data
Personal data is kept 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.
9.3.7. Data minimization
The Publisher can also collect and process any data voluntarily transmitted by its Customers.
The Publisher guides 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 Customers have the following rights regarding 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 of information, access and communication of data
The Publisher's Customers have the option 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 Customers provide proof of their identity, in particular by producing a scan of their valid identity document (in the event of a request using the dedicated electronic form) or a signed photocopy of their valid identity document (in the event of a written request), both accompanied by the mention I certify on the honor that the copy of this identity document corresponds to the original. Done at, followed by their signature.ure.
To help them in their process, Customers will find a letter template here developed by the Cnil.
9.4.2. Right of rectification, deletion and right to be forgotten
The Publisher's Customers have the option of requesting the rectification, updating, blocking or even erasure of their personal data, which may prove to be inaccurate, erroneous, incomplete or obsolete if necessary.
The Publisher's Customers can also define general and specific guidelines relating to the fate of personal data after their death. Where applicable, the heirs of a deceased person may require the death of their relative to be taken into account and / or the necessary updates to be made.
To help them in their process, Customers will find a letter template here developed by the Cnil.
9.4.3. Right to object to data processing
The Publisher's Customers have the option of objecting to the processing of their personal data.
To help them in their process, Customers will find a letter template here developed by the Cnil.
9.4.4. 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.
9.4.5. 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 restricted. 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 Customers consider that the Publisher is not complying with its obligations with regard to their personal data, they can submit a complaint or 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 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 of confidentiality, use and data protection, for example via the US Privacy Shield.
The Publisher uses the following subcontractors:
none none none none none
9.5.2. Transfer on requisition or court order
Customers also consent to the Publisher communicating the data collected to any person, upon request from a state authority or by court order.
9.5.3. Transfer as part of 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 Clients agree that the data collected are transmitted by the Publisher to this company and that this company carries out the processing of personal data referred to in these General Terms of Service instead of the Publisher.ARTICLE 10. RESPONSIBILITY OF THE PUBLISHER
10.1. Nature of the Publisher's obligations
The Publisher undertakes to take the care and diligence necessary to provide quality Products in accordance with the specifications of these General Conditions. The Publisher is only liable for an obligation of means concerning the services covered by this document.
10.2. Force majeure - Customer's fault
The Publisher will 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 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 band. pass-through, breach attributable to the access provider, failure of transmission networks, collapse of facilities, illicit or fraudulent use of passwords, codes or references provided to the Customer, computer hacking, a breach security attributable to the host of the Site or to the developers, flood, blackout, war, embargo, law, injunction, request or requirement of any government, requisition, strike, boycott, or other circumstances beyond the reasonable control of The Editor. In such circumstances, the Publisher will be released from the performance of its obligations within the limits of this impediment, limitation or inconvenience.
10.2.2. Client 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 disclosure or illicit use of the password, codes and references of the Customer, as well as the provision of erroneous information or the lack of updating of such information in its personal space. The implementation of any technical process, such as robots, or automatic requests, the implementation of which would violate the letter or the spirit of these general conditions of sale will also be considered as a fault of the Customer.
10.3. Technical problems - Hypertext links
In the event that it is impossible to access the Site, due to technical problems of all kinds, the Customer may not claim any damage and may not claim any compensation. The unavailability, even prolonged and without any limitative duration, of one or more online services, cannot constitute a prejudice for the Customers and cannot give rise in any way to the award 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 laws in force. Likewise, 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, in particular in terms of colors or shapes, may vary significantly from one computer station to another or may differ from reality depending on the quality of the graphics accessories and the screen or according to the resolution of the display. These variations and differences cannot under any circumstances be attributed to the Publisher, who cannot under any circumstances be held liable as a result.
10.4. Damages payable by the Publisher
In the absence of contrary legal or regulatory provisions, 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 can in no way be held responsible for indirect 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. Likewise and within the same limits, the amount of damages payable by 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 can in no way be held responsible 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 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.
11.2. Contractual protection of Site Content
The Internet user undertakes contractually with the Publisher not to use, reproduce or represent, in any way whatsoever, the Content 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. Amendments 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 space entailing acceptance, if applicable, of the new general conditions.
By virtue of the ordinance n2015-1033 of August 20, 2015, all disputes which could arise within the framework of the execution of these general conditions and for which the solution could not be found beforehand amicably between the parties must be submitted..
In addition, the Client 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 .showw
Since January 1, 2016, mediation is compulsory for everyone. Thus, any professional selling to individuals is required to provide 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).
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 by a valid stipulation corresponding to the spirit and the object hereof.
12.5. No waiver
The absence of exercise by the Publisher of the rights recognized to it by these presents may in no case be interpreted as a waiver of the assertion of said rights.
12.6. Telephone canvassing
The Customer is informed that he has the possibility of registering on the list of opposition to canvassing by telephone 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.