Terms of Service

General Terms of Use 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. 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 6. PERSONAL SPACE

6.1. 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.

6.2. 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.

6.3. Suppression 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 7. PERSONAL DATA

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

7.1. Identity of the data controller

The person responsible for the collection and processing of data on the Site is the Publisher.

7.2. 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"

7.3. Collected Data

7.3.1. 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.

7.3.2. Purposes of the collection of personal data

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

execute the contractual commitments;
contact the Clients;
avoid any illicit or illegal activity;
enforce the general terms and conditions;
initiate legal proceedings;
verify the identity of Clients;

7.3.3. Legal bases for processing

The collected data is based on a contractual relationship.

7.3.4. Recipients of the data

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

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

7.3.5. Retention period of 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.

7.3.6. 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.

7.3.7. 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.

7.4. 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.

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

The Publisher's Clients have the option to access the personal data that concerns them.

Due to the obligation of security and confidentiality in the processing of personal data that falls to 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.

7.4.2. 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 if applicable.

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 request that the death of their loved one be taken into account and/or that the necessary updates be made.

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

7.4.3. 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.

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 transferable, open, and readable format.

7.4.5. 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 may only be retained and no longer used by the Publisher.

7.4.6. Response Times

The Publisher agrees to respond to any request for access, rectification, opposition, or any other additional request for information within a reasonable time frame not exceeding 1 month from the receipt of the request.

7.4.7. 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.

7.5. Transfer of collected data

7.5.1. 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

7.5.2. 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.

7.5.3. 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 8. INTELLECTUAL PROPERTY

8.1. 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.

8.2. Contractual Protection of Site 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.

8.3. Protection of General Conditions

The general conditions of the Site, drafted 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 result in legal action for parasitism.

ARTICLE 9. FINAL STIPULATIONS

9.1. Applicable law

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

9.2. 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.

9.3. 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/

9.4. 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.

9.5. 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."

9.6. 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/.

9.7. Languages of these general conditions

These general conditions are offered in French.

9.8. 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.