Terms of Sales

General Terms and Conditions of Sale of the Website clementdorel.com

applicable from 30/07/2023

ARTICLE 1. PARTIES

The present general conditions apply between SHOPADVENTURE SAS, share capital: 2000 €, registered with the RCS of 904295003 in France on 18/10/2021, under the number 904295003, registered office: 1 AVENUE D'ESTER, 87069 LIMOGES CEDEX 3, FR, phone: +33518270003, email: contact@clementdorel.com, VAT number: FR79904295003, hereinafter referred to as "the Publisher" and any person, natural or legal, private or public law, registered on the Site to purchase a Product, hereinafter referred to as "the Client".

ARTICLE 2. DEFINITIONS

" Client ": any individual or legal entity, whether private or public, registered on the Site.

Site Content: elements of any kind published on the Site, whether protected by intellectual property rights or not, such as texts, images, designs, presentations, videos, diagrams, structures, databases, or software.

« The Publisher » : Clément Dorel, SAS acting in his capacity as publisher of the Site.

"Internet user": any individual or legal entity, whether private or public, connecting to the Site.

« Product »: any goods sold on the Site by the Publisher to the Clients.

« Site » : website accessible at the URL clementdorel.com, as well as the sub-sites, mirror sites, portals, and related URL variations.

ARTICLE 3. SCOPE OF APPLICATION

The Site is freely accessible and free to all Internet users. Browsing the Site implies acceptance by all Internet users of these general conditions. The mere connection to the Site, by any means whatsoever, including through a robot or a browser, will constitute 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 acknowledges having fully taken note of this and accepts it without restriction.

Checking the above box will be deemed to have the same value as a handwritten signature by the User. The User acknowledges the evidential value of the automatic recording systems of the Publisher and, unless he provides contrary evidence, he waives the right to contest them in the event of a dispute.

These general conditions apply to the relationships between the parties to the exclusion of all other conditions, particularly those of the Internet user.

'The acceptance of these general conditions implies that the Internet users have the necessary legal capacity for this, or failing that, that they have the authorization of a guardian or curator if they are incapacitated, of their legal representative if they are minors, or that they hold a mandate if they are acting on behalf of a legal entity.'

ARTICLE 4. OBJECT OF THE SITE

The Site aims to sell Products to Customers.

ARTICLE 5. ORDER STEPS

5.1. Order

In order to place an order, Internet users will be able to select one or more Products and add them to their cart. The availability of the Products is indicated on the Site, in the description sheet of each item. When their order is complete, they will be able to access their cart by clicking on the button provided for this purpose.

5.2. Validation of the order by the Internet user

By consulting their cart, Internet users will have the ability to check the quantity as well as the nature of the Products they have chosen and will be able to verify their unit price, as well as their total price. They will have the option to remove one or more Products from their cart.

If their order is satisfactory, Internet users will be able to validate it. They will then access a form where they can either enter their login credentials if they already have them, or register on the Site by completing the registration form with their personal information.

5.3. Payment by the Client

As soon as they are connected or after they have perfectly completed the registration form, Customers will be invited to check or modify their delivery and billing information, and then will be invited to make their payment by being redirected to the secure payment interface featuring the mention "order with payment obligation" or any similar wording.

5.4. Confirmation of the order by the Publisher

"Once the payment is actually received by the Publisher, the latter commits to acknowledge receipt to the Client electronically, within a maximum period of 24 hours. Within the same timeframe, the Publisher commits to send the Client a summary email of the order and to confirm its processing, including all relevant information."

ARTICLE 6. PRICE - PAYMENT

6.1. Price

The applicable prices are those displayed on the Site on the day of the order. These prices may be changed at any time by the Publisher. The displayed prices are only valid on the day of the order and do not take effect for the future.

The prices indicated on the Site are understood in euros, all taxes included, excluding delivery charges.

6.2. Payment method

The Client can make their payment via Paypal, Stripe, Shopify Payment.

In the context of credit card payments, the Publisher has no access to any data related to the Client's payment methods. The payment is made directly between the Client and the banking institution.

In the case of payment by mandate, check, or bank transfer, the delivery times only begin to run from the date of receipt of payment by the Publisher.

6.3. Billing

The Publisher will send or make available to the Client an invoice electronically after each payment. The Client expressly agrees to receive invoices electronically.

6.4. Default of payment

The agreed payment dates cannot be delayed for any reason whatsoever, including in the event of a dispute.

Any amount not paid by the due date will automatically incur late penalties calculated at a rate equal to 3 times the legal interest rate, without the need for formal notice, without this penalty affecting the enforceability of the principal amounts due.

Furthermore, any delay in payment will result in the billing of collection fees to the defaulting Client in the amount of 40 euros, the immediate enforceability of all sums remaining due regardless of the agreed deadlines, increased by a penalty of 20% of the amount as a penalty clause, as well as the possibility of unilaterally terminating the contract to the detriment of the Client. This clause is part of the provisions of Article 1152 of the Civil Code allowing the judge to reduce the indemnity if the judge deems 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 customer service of the Site is accessible from Monday to Friday from 09:00 to 17:00 at the following non-premium rate phone number: 0518270003, by email at: contact@clementdorel.com or by postal mail to the address indicated in Article 1 of these general conditions. In the latter two cases, the Publisher commits to providing a response within 2 working days.

ARTICLE 8. PERSONAL SPACE

8.1. Creation of the personal space

Creating a personal space is an essential prerequisite for any order placed by an Internet user on the Site. To this end, the Internet user will be invited to provide a certain number 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 the said information will result in the inability to create the personal space and, incidentally, the validation of the order.

When creating the personal space, the Internet user is invited to choose a password. This password serves as a guarantee of the confidentiality of the information contained in the personal space. 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 an Internet user's personal space.

The Client agrees to regularly verify the data concerning them and to make the necessary updates and modifications online from their personal space.

8.2. Content of the personal space

The personal space allows the Client to view and track all their orders placed on the Site.

The pages related to personal spaces can be freely printed by the account holder in question, but do not constitute admissible evidence in a court. They are only for informational purposes intended to ensure effective management of orders by the Client.

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

8.3. Deletion of personal space

The Publisher reserves the right to delete the account of any Client who violates these general conditions, particularly when the Client provides inaccurate, incomplete, misleading, or fraudulent information, as well as when a Client's personal space has remained inactive for at least one year. Such deletion shall not constitute a fault of the Publisher or a damage to the excluded Client, who shall not be entitled to any compensation as a result.

This exclusion is without prejudice to the possibility for the Publisher to initiate legal proceedings against the Client when the facts justify it.

ARTICLE 9. PERSONAL DATA

As part of its service, the Publisher will be required to process personal data of its Clients.

9.1. Identity of the data controller

The person responsible for the collection and processing of 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, contact@deshoulieres-avocats.com, 01 77 62 82 03, www.deshoulieres-avocats.com"always taking care to create a hyperlink on the URL of our site"

9.3. Collected Data

9.3.1. Data collected from customers

As part of its contractual relationships, the Publisher may be required to collect and process information from its Clients, namely: Email, First and Last Name, Phone, Address, State, Province, Postal Code, City.

9.3.2. Data collected from customers

The data collected during the contractual relationship is subject to automated processing aimed at:

Initiate legal proceedings;
Verify the identity of Clients;

9.3.3. Legal bases for processing

The collected data is based on a contractual relationship.

9.3.4. Recipients of the data

The collected data can only be accessed by the Publisher to the extent strictly necessary for the execution of contractual commitments.

"This data, whether in individual or aggregated form, is never made freely viewable by a third party."

9.3.5. Retention period for personal data

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

After the retention period has expired, the Publisher agrees to permanently delete the data of the concerned individuals without keeping a copy.

9.3.6. Security and confidentiality of personal data

Personal data is stored under secure conditions, according to 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.

9.3.7. Data Minimization

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

The Publisher guides its Clients to provide strictly necessary personal data for the execution of contractual commitments.

The Publisher commits to retaining and processing 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.

9.4. Respect for rights

The Publisher's Clients have the following rights regarding their personal data, which they can exercise by writing to the Publisher's postal address or by filling out the online contact form.

9.4.1. Right to information, access, and communication of data

The Publisher's Clients have the option to access their personal data.

Due to the obligation of security and confidentiality in the processing of personal data that falls on the Publisher, requests will only be processed if Clients provide proof of their identity, notably by submitting a scan of their valid identity document (in the case of a request via the dedicated electronic form) or a signed photocopy of their valid identity document (in the case of a request sent in writing), both accompanied by the statement "I certify on my honor that the copy of this identity document is in accordance with the original. Done in ... on ...", followed by their signature.

To assist them in their process, Clients will find here a letter template developed by the Cnil.

9.4.2. Right to rectification, deletion, and right to be forgotten of data

The Publisher's Clients have the option to request the correction, updating, locking, or deletion of their personal data that may be inaccurate, erroneous, incomplete, or outdated as the case may be.

The Publisher's Clients may also set general and specific guidelines regarding the fate of personal data after their death. Where applicable, the heirs of a deceased person may require consideration of their loved one's death and/or the necessary updates to be made.

To assist them in their process, Clients 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 option to oppose the processing of their personal data.

To assist them in their process, Clients 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 retained and no longer used by the Publisher.

9.4.6. Response times

The Publisher commits to responding to any request for access, rectification, opposition, or any other additional request for information within a reasonable timeframe not exceeding 1 month from the receipt of the request.

9.4.7. Complaint to the competent authority

If the Publisher's Clients believe that the Publisher is not fulfilling its obligations regarding their personal data, they can file a complaint or request with the competent authority. In France, the competent authority is the Cnil, to which they can submit 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 Clients' data. These service providers may be located outside the European Union.

The Publisher has previously ensured that its service providers implement adequate guarantees and comply with strict conditions regarding confidentiality, use, and data protection, for example through the U.S. Privacy Shield.

The Publisher calls upon the following subcontractors:

Partner	Quality	Destination country	Treatment performed	Guarantees
Facebook Ads manager	Subcontractor and Co-contractor	USA (Privacy Shield)	Carrying out operations related to prospecting.	https://www.facebook.com/policy.php
Facebook Analytics	Subcontractor and Co-contractor	USA (Privacy Shield)	Development of commercial statistics in order to generate reports on Internet users' interactions.	https://www.facebook.com/policy.php
Google Analytics	Subcontractor and Co-contractor	USA (Privacy Shield)	Development of commercial statistics in order to generate reports on Internet users' interactions.	https://policies.google.com/privacy
Google Adwords	Subcontractor and Co-contractor	USA (Privacy Shield)	Carrying out operations related to prospecting.	https://policies.google.com/privacy
Facebook	Co-contractor	USA (Privacy Shield)	Management of people's reviews on products, services, or content.	https://www.facebook.com/policy.php

9.5.2. Transfer by requisition or court decision

Clients also consent to the Publisher communicating the collected data to any person, upon request from a state authority or by court order.

9.5.3. Transfer in the context of a merger or acquisition

If the Publisher is involved in a merger, an asset sale, a financing operation, a liquidation or bankruptcy, or in an acquisition of all or part of its business by another company, the Clients consent to the data collected being transferred by the Publisher to that company and for that company to carry out the processing of personal data referred to in these General Terms of Service in place of the Publisher.

ARTICLE 10. LIABILITY OF THE PUBLISHER

10.1. Nature of the obligations of the Publisher

The Publisher undertakes to exercise 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 regarding the services subject to these.

10.2. Force majeure - Fault of the Client

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

10.2.1. Force majeure

For the purposes of these general conditions, any obstruction, limitation, or disruption of the Service due to fire, epidemic, explosion, earthquake, fluctuations in bandwidth, failure attributable to the access provider, failure of transmission networks, collapse of facilities, illegal or fraudulent use of passwords, codes, or references provided to the Client, hacking, a security breach attributable to the Site's host or developers, flooding, power outage, war, embargo, law, injunction, request or requirement of any government, requisition, strike, boycott, or other circumstances beyond the reasonable control of the Publisher will be considered a case of force majeure applicable to the Client. In such circumstances, the Publisher will be exempt from fulfilling its obligations to the extent of such obstruction, limitation, or disruption.

10.2.2. Client's 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 Client or their representatives, non-compliance with the advice given by the Publisher on its Site, any disclosure or unlawful use of the Client's password, codes, and references, as well as the provision of incorrect information or the failure to update such information in their personal space, will be considered a fault of the Client. The implementation of any technical process, such as robots or automated queries, that contravenes the letter or spirit of these general sales conditions will also be considered a fault of the Client.

10.3. Technical Issues - Hyperlinks

In the event of inability to access the Site due to technical problems of any kind, the Client cannot claim any damages and cannot seek any compensation. The unavailability, even prolonged and without any limiting duration, of one or more online services cannot constitute harm for the Clients and cannot in any way give rise to the granting of damages by the Publisher.

The hyperlinks present on the Site may lead to other websites. The responsibility of the Publisher cannot be engaged if the content of these sites violates the applicable laws. Similarly, the responsibility of the Publisher cannot be engaged if the visit, by the Internet user, to one of these sites causes them harm.

In the current state of technology, the rendering of representations of the 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 graphic accessories and the screen or the display resolution. These variations and differences cannot in any case be attributed to the Publisher, who cannot be held responsible for this.

10.4. Damages payable by the Publisher

In the absence of contrary legal or regulatory provisions, the liability of the Publisher is limited to the direct, personal, and certain damage suffered by the Client and related to the failure in question. The Publisher shall not, under any circumstances, be held liable for indirect damages such as, in particular, data loss, commercial harm, loss of orders, damage to brand image, business disruptions, and loss of profits or customers. Similarly, and within the same limits, the amount of damages and compensation charged to the Publisher shall in any case not exceed the price of the ordered Product.

10.5. Hyperlinks and Site Content

The Site Content is published for informational purposes only, without any guarantee of accuracy. The Publisher cannot be held responsible in any case for any omission, inaccuracy, or any error contained in this information that may result in direct or indirect damage to the Internet user.

ARTICLE 11. INTELLECTUAL PROPERTY

11.1. Legal Protection of Site Content

The Site's Content may be protected by copyright and database rights. Any representation, reproduction, translation, adaptation, or transformation, in whole or in part, carried out illegally and without the consent of the Publisher or its rights holders or successors constitutes a violation of Books I and III of the Intellectual Property Code and may lead to legal action for infringement.

11.2. Contractual protection of the Site's Content

L'Internaute agrees contractually with the Publisher not to use, reproduce, or represent, in any way, the Contents of the Site, whether or not protected by intellectual property rights, for any purpose other than reading them 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 law

These general terms and conditions are subject to the application of French law.

12.2. Modifications of these general conditions

These general conditions may be modified at any time by the Publisher. The general conditions applicable to the Client are those in effect on the day of their order or their connection to this Site, any new connection to the personal space implying acceptance, where applicable, of the new general conditions.

12.3. Disputes

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 for which a solution could not be found amicably between the parties must be submitted.

Furthermore, the Client 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 is mandatory for everyone. Thus, any professional selling to individuals is required to provide the contact details of a competent Mediator in case of a dispute, regardless of whether they sell remotely or in a physical store (Source: FEVAD).

Sas Mediation Solution / https://www.sasmediationsolution-conso.fr/

12.4. Entirety

The nullity of any one of the clauses of this contract shall not result in the nullity of the other clauses of the contract or of the contract as a whole, which shall retain their full effect and scope. In such an event, the parties shall, to the extent possible, replace the annulled stipulation with a valid stipulation corresponding to the spirit and purpose of this agreement.

12.5. Non-waiver

"The absence of exercise by the Publisher of the rights granted to it herein shall in no case be interpreted as a waiver of the right to assert said rights."

12.6. Telemarketing

The Client is informed that they have the option to register on the list of opposition to telephone solicitation at the address http://www.bloctel.gouv.fr/.

12.7. Languages of these general conditions

These general conditions are offered in French.

12.8. Abusive clauses

The stipulations of these general conditions apply subject to compliance with the mandatory provisions of the Consumer Code regarding abusive clauses in contracts concluded between a professional and a consumer.