Terms and Conditions of Sale

 

 

General terms and conditions of sale for the website La Boutique du Bracelet

applicable from 18/03/2024

ARTICLE 1. PARTIES

These general terms and conditions apply between SHOPADVENTURE, SAS, share capital: 2000 €, registered with the RCS of Limoges in France on 19/10/2021, under number 904295003, registered office: 1 avenue d'Ester, 87069 Limoges Cedex 3, FR, email: contact@laboutiquedubracelet.fr, EU VAT number: FR904295003, hereinafter referred to as “the Publisher”; and any individual or legal entity, whether private or public, registered on the Site to purchase a Product, hereinafter referred to as “the Customer”.

ARTICLE 2. DEFINITIONS

“Customer”: 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, videos, diagrams, structures, databases, or software.

“Publisher”: SHOPADVENTURE, SAS, acting in its capacity as publisher of the Site.

“User”: any individual or legal entity, whether private or public, connecting to the Site.

“Product”: any type of goods sold on the Site by the Publisher to Customers.

“Site”: website accessible at the URL La Boutique du Bracelet, as well as any related sub-sites, mirror sites, portals, and URL variations.

ARTICLE 3. SCOPE OF APPLICATION

The Website is freely and openly accessible to all Users. Browsing the Website implies acceptance by any User of these general terms and conditions. Simply connecting to the Website, by any means, constitutes full and complete acceptance of these terms. When registering on the Website, this acceptance is confirmed by checking the corresponding box. The User acknowledges having fully read and accepted them without restriction.

Checking the above box is deemed to have the same value as a handwritten signature. The User acknowledges the evidential value of the Publisher's automatic recording systems, unless proven otherwise.

These general terms and conditions apply to the relationship between the parties to the exclusion of all other terms, in particular those of the Customer or the User.

Acceptance requires the necessary legal capacity, or authorization from the legal representative if applicable.

ARTICLE 4. PURPOSE OF THE WEBSITE

The purpose of the Website is to sell Products to Customers.

ARTICLE 5. ORDER STEPS

5.1 – Order

Users select one or more Products and add them to their cart. Availability is indicated on each product page. Once the selection is complete, they can access the cart.

5.2 – Validation by the User

The cart summarizes the Products and their total price. The User may modify their order before confirmation, then log in or register.

5.3 – Payment

After entering or verifying the details, the Customer is redirected to a secure payment interface displaying the statement "order with payment obligation".

5.4 – Confirmation by the Publisher

Once payment is received, the Publisher acknowledges receipt by email within 24 hours and sends an order summary.

ARTICLE 6. PRICES – PAYMENT

6.1 – Prices

The applicable prices are those displayed on the Website on the day of the order, in euros including VAT, excluding delivery charges. They may be changed at any time but do not apply retroactively.

6.2 – Payment Terms

The Customer pays via PayPal, Stripe, Google Pay, Bancontact, Klarna, Shopify Payment. The Publisher never has access to banking data.

6.3 – Invoicing

An electronic invoice is sent after each payment. The Customer accepts this method of communication.

6.4 – Payment Default

Any amount not paid by the due date will automatically incur penalties calculated at three times the legal interest rate, as well as a fixed compensation of €40 for collection costs.

6.5 – Retention of Title

Products remain the property of the Publisher until full payment is received.

6.6 – Delivery

Products are shipped within 48 business hours after payment is received and delivered no later than 30 days after the order, unless otherwise stated. Shipping methods: Colissimo, Mondial Relay, or any carrier offered at checkout. Fees are indicated before confirmation. Risk is transferred to the Customer upon physical delivery of the package. In case of delay, the Customer may, after a formal notice remains unanswered for 14 days, terminate the contract and receive a refund.

ARTICLE 7. CUSTOMER SERVICE

Customer service is available from Monday to Friday from 09:00 to 17:00: phone +33 5 18 27 00 12, email contact@laboutiquedubracelet.fr, or by mail to the address indicated in Article 1. Response within 2 business days.

ARTICLE 8. PERSONAL ACCOUNT

8.1 – Creation

Creating a personal account is required to place an order. The User chooses a confidential password and undertakes to keep their information up to date.

8.2 – Content

The personal account allows you to track your orders. Its pages can be freely printed but are not admissible as evidence in court.

8.3 – Deletion

The Publisher may delete any account that violates the Terms and Conditions or has been inactive for more than one year.

ARTICLE 9. PERSONAL DATA

The processing of data is described in the Privacy Policy available on the Website and summarized below.

9.1 – Identity of the Data Controller

The responsible party is the Publisher.

9.2 – Data Protection Officer

Etienne Deshoulières – 121 boulevard de Sébastopol 75002 Paris – contact@deshoulieres-avocats.com – 01 77 62 82 03.

9.3. Data collected

9.3.1. Data collected from clients

As part of its contractual relationships, the Publisher may 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 clients

The data collected during the contractual relationship is subject to automated processing for the following purposes:

• Initiate legal proceedings;
• Verify the identity of Clients;

9.3.3. Legal bases for processing

The legal basis for the data collected is a contractual relationship.

9.3.4. Data recipients

The data collected can only be accessed by the Publisher, and only to the extent strictly necessary for fulfilling contractual obligations.

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

9.3.5. Retention period of personal data

The personal data collected is retained for the duration of the contractual relationship, and for as long as the Publisher may be held liable.

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

9.3.6. Security and confidentiality of personal data

Personal data is stored under secure conditions, using current technological 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 only the personal data strictly necessary for the fulfillment of contractual obligations.

The Publisher undertakes to retain 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

Clients of the Publisher have the following rights regarding their personal data, which they may 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

Clients of the Publisher have the option to access the personal data concerning them.

Due to the obligation of security and confidentiality in the processing of personal data incumbent upon the Publisher, requests will only be processed if Clients provide proof of their identity, in particular by submitting a scan of their valid identification document (in the case of a request via the dedicated electronic form) or a signed photocopy of their valid identification document (in the case of a written request), both accompanied by the statement "I hereby certify that this copy of my identification document is a true copy of the original. Made in ... on ...", followed by their signature.

To assist them in their process, Clients will find here a sample letter prepared by the CNIL.

9.4.2. Right to rectification, erasure, and right to be forgotten

Clients of the Publisher have the option to request the correction, update, restriction, or deletion of their personal data, which may, where applicable, be inaccurate, incorrect, incomplete, or outdated.

Clients of the Publisher may also define general and specific instructions regarding the fate of their personal data after their death. Where applicable, the heirs of a deceased person may request that the death of their relative be taken into account and/or that the necessary updates be made.

To assist them in their process, Clients will find here a sample letter prepared by the CNIL.

9.4.3. Right to object to data processing

Clients of the Publisher have the option to object to the processing of their personal data.

To assist them in their process, Clients will find here a sample letter prepared 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 restricted. In this case, their data may only be stored and no longer used by the Publisher.

9.4.6. Response times

The Publisher undertakes to respond to any request for access, rectification, or objection, or any other additional information request, within a reasonable period not exceeding 1 month from 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 may file a complaint or request with the competent authority. In France, the competent authority is the CNIL, to which they may 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 providers may be located outside the European Union.

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

The Publisher uses the following subcontractors:

 

Partner	Quality	Destination country	Processing completed	Guarantees
OVH	Subcontractor	France	Website hosting.	https://ovhcloud.com/legal/privacy-policy
Google Contacts	Sub-processor and Co-processor	USA (Privacy Shield)	Contact management service.	https://policies.google.com/privacy
Twitter Ads	Sub-processor and Co-Manager	USA (Privacy Shield)	Carrying out prospecting operations.	https://twitter.com/fr/privacy

 

 

9.5.2. Transfer upon request or court order

Clients also agree that the Publisher may disclose the data collected to any person, upon request by a government 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, asset sale, financing transaction, liquidation or bankruptcy, or in an acquisition of all or part of its business by another company, Clients agree that the data collected may be transferred by the Publisher to that company and that this company may process the 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 Publisher's obligations

The Publisher undertakes to exercise the necessary care and diligence in providing quality Products in accordance with the specifications of these General Terms and Conditions. The Publisher is only bound by an obligation of means regarding the services covered by these terms.

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 terms and conditions, any impediment, limitation, or disruption of the Service due to fire, epidemic, explosion, earthquake, bandwidth fluctuations, failure attributable to the access provider, transmission network failure, collapse of installations, unlawful or fraudulent use of passwords, codes, or references provided to the Client, hacking, a security breach attributable to the Site 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 shall be considered as a force majeure event enforceable against the Client. In such circumstances, the Publisher shall be released from the performance of its obligations to the extent of such impediment, limitation, or disruption.

10.2.2. Customer 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 Customer or their representatives, failure to follow the advice provided by the Publisher on its Site, any disclosure or unlawful use of the password, codes, and references of the Customer, as well as providing incorrect information or failing to update such information in their personal account, will be considered a fault attributable to the Customer. The use of any technical process, such as robots or automated queries, that would contravene the letter or spirit of these general terms and conditions of sale, will also be considered a fault of the Customer.

10.3. Technical Issues - Hyperlinks

In the event of inability to access the Site due to technical problems of any kind, the Customer cannot claim any damage and will not be entitled to any compensation. The unavailability, even prolonged and without any time limitation, of one or more online services does not constitute a loss for Customers and cannot in any way give rise to the granting of damages by the Publisher.

The hyperlinks present on the Site may redirect to other websites. The Publisher cannot be held liable if the content of these sites violates applicable laws. Likewise, the Publisher cannot be held liable if visiting one of these sites causes harm to the User.

Given the current state of technology, the display 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 can under no circumstances be attributed to the Publisher, who cannot be held liable for this in any way.

10.4. Damages Payable by the Publisher

Unless otherwise provided by law or regulation, the Publisher's liability is limited to the direct, personal, and certain loss suffered by the Customer and related to the failure in question. Under no circumstances shall the Publisher be held liable for indirect damages such as, in particular, loss of data, commercial loss, loss of orders, damage to brand image, business disruption, or loss of profits or customers. Likewise, and within the same limits, the amount of damages and interest charged to the Publisher may in no case exceed the price of the Product ordered.

10.5. Hyperlinks and Site Content

The Site Content is published for information purposes only, without guarantee of accuracy. Under no circumstances can the Publisher be held liable for any omission, inaccuracy, or error contained in this information that may cause direct or indirect damage to the User.

ARTICLE 11. INTELLECTUAL PROPERTY

11.1. Legal Protection of Site Content

The Site 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 successors or assigns constitutes a violation of Books I and III of the Intellectual Property Code and may result in legal proceedings for infringement.

11.2. Contractual Protection of Site Content

The User contractually undertakes to the Publisher not to use, reproduce, or represent, in any way whatsoever, the Site Content, whether or not protected by intellectual property rights, for any purpose other than reading by a robot or browser. This prohibition does not apply to indexing robots whose sole purpose is to scan the Site content for indexing purposes.

ARTICLE 12. RIGHT OF WITHDRAWAL

12.1 – Principle

The consumer Customer has a period of 14 days from receipt of the Product to exercise their right of withdrawal without having to justify their decision.

12.2 – Notification

To exercise this right, the Customer may use the standard form in Appendix 1 or send any unambiguous statement to the Publisher (contact details in Article 1).

12.3 – Return of Products

The Customer must return or send back the Products no later than 14 days after notifying their decision. Return shipping costs are at their expense, unless otherwise indicated.

12.4 – Refund

The Publisher will refund payments received no later than 14 days from the recovery of the Products or proof of their shipment, whichever comes first, using the same means of payment.

12.5 – Exceptions

The right of withdrawal cannot be exercised for: goods made to order or personalized, unsealed goods that cannot be returned for hygiene reasons, unsealed audio/video recordings or computer software, newspapers or periodicals, digital content not supplied on a physical medium after execution with prior agreement, etc. (Art. L221-28 Consumer Code).

ARTICLE 13. LEGAL WARRANTIES

13.1 – Conformity Warranty

The Product benefits from the two-year legal conformity warranty provided for in Articles L217-3 to L217-20 of the Consumer Code. The Customer may require compliance, free of charge, by repair or replacement. If these solutions are impossible, they may obtain a price reduction or cancellation of the contract.

13.2 – Warranty Against Hidden Defects

In accordance with Articles 1641 et seq. of the Civil Code, the Customer may take action within two years of discovering the defect and choose between cancellation of the sale or a price reduction.

13.3 – Implementation Procedures

For any request, the Customer may contact customer service (see contact details in Article 7).

ARTICLE 14. CONTRACT ARCHIVING & EVIDENCE

When the order concerns an amount greater than €120, the Publisher retains the contract for ten years and guarantees the Customer access to it upon simple written request. The Publisher's computerized records will be considered as proof of communications and orders.

ARTICLE 15. FINAL PROVISIONS

15.1 – Governing Law

These Terms and Conditions are governed by French law.

15.2 – Amendments

The Publisher may amend these Terms and Conditions at any time. The applicable Terms and Conditions are those in effect on the date of the order.

15.3 – Disputes & Mediation

In the event of a dispute, the Customer must send a written complaint to the Publisher. If no amicable agreement is reached, they may contact the following mediator free of charge: SAS Médiation Solution – 222 chemin de la Bergerie – 01800 Saint-Jean-de-Niost – Tel. 01 89 47 00 14 – contact@sasmediationsolution-conso.fr – https://sasmediationsolution-conso.fr/. The Customer may also use the European ODR platform: https://ec.europa.eu/consumers/odr/.

15.4 – Entirety

The invalidity of a clause does not affect the validity of the others.

15.5 – No waiver

The fact that the Publisher does not invoke a breach does not constitute a waiver.

15.6 – Telephone solicitation – Bloctel

In accordance with Article L223-2 of the Consumer Code, the Customer may register free of charge on the Bloctel telephone solicitation opt-out list (www.bloctel.gouv.fr). If the Customer is registered, the Publisher undertakes not to use their number except in cases provided by law.

15.7 – Language

These General Terms and Conditions are provided in French.

15.8 – Unfair terms

The provisions apply subject to mandatory regulations regarding unfair terms.

ANNEX 1 – WITHDRAWAL FORM

(Please complete and return this form only if you wish to withdraw from the contract.)

To the attention of: SHOPADVENTURE, 1 avenue d'Ester, 87069 Limoges Cedex 3, FR, email: contact@laboutiquedubracelet.fr

• I/We (*) hereby notify you of my/our (*) withdrawal from the contract for the sale of the goods described below:
• Ordered on (*) / received on (*):
• Name of the consumer(s):
• Address of the consumer(s):
• Signature of the consumer(s) (only if this form is submitted on paper):
• Date:

(*) Strike out the unnecessary mention.