General conditions of sale
General conditions of sale for the La Boutique du Bracelet website
applicable from 03/18/2024
ARTICLE 1. PARTIES
These general conditions are applicable between SHOPADVENTURE , SAS , share capital: € 2,000 , registered with the RCS of Limoges in France on 10/19/2021 , under number 904295003 , head office: 1 avenue d'Ester, 87069 Limoges Cedex 3, FR , email: contact@laboutiquedubracelet.fr , intra-community VAT number: FR904295003 , hereinafter “the Publisher”; and any person, natural or legal, private or public law, registered on the Site to purchase a Product, hereinafter “the Customer”.
ARTICLE 2. DEFINITIONS
“Client” : any person, natural or legal, private or public, registered on the Site.
“Site Content” : elements of any nature published on the Site, whether or not protected by intellectual property rights, such as texts, images, designs, videos, diagrams, structures, databases or software.
“Publisher” : SHOPADVENTURE , SAS , in its capacity as publisher of the Site.
“Internet user” : any person, natural or legal, private or public, connecting to the Site.
“Product” : goods of any kind sold on the Site by the Publisher to Customers.
“Site” : website accessible at the URL La Boutique du Bracelet , as well as the sub-sites, mirror sites, portals and URL variations relating thereto.
ARTICLE 3. SCOPE OF APPLICATION
The Site is freely accessible to all Internet users. Browsing the Site implies acceptance by all Internet users of these general conditions. Simply connecting to the Site, by any means whatsoever, implies full and complete acceptance of these conditions. When registering on the Site, this acceptance is confirmed by checking the corresponding box. The Internet 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 Internet user acknowledges the evidentiary value of the Publisher's automatic recording systems, unless proven otherwise.
These general conditions apply to the relations between the parties to the exclusion of all other conditions, in particular those of the Client or the Internet user.
Acceptance assumes the required legal capacity, or the authorization of the legal representative where applicable.
ARTICLE 4. PURPOSE OF THE SITE
The purpose of the Site is to sell Products to Customers.
ARTICLE 5. ORDER STEPS
5.1 – Order
Internet users select one or more products and add them to their shopping cart. Availability is indicated on each item's page. Once the selection is complete, they can access the shopping cart.
5.2 – Validation by the Internet User
The shopping cart summarizes the Products and their total price. The Internet user can modify their order before validation, then identify themselves or register.
5.3 – Payment
After entering or verifying the contact details, the Customer is redirected to a secure payment interface displaying the words “order with payment obligation”.
5.4 – Confirmation by the Publisher
Once payment has been received, the Publisher will acknowledge receipt by email within 24 hours and send a summary of the order.
ARTICLE 6. PRICE – PAYMENT
6.1 – Prices
The applicable prices are those displayed on the Site on the day of the order, in euros including tax, excluding delivery costs. They may be modified 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 – Billing
An electronic invoice is sent after each payment. The Customer accepts this method of communication.
6.4 – Default of payment
Any amount not paid on the due date automatically results in penalties calculated at three times the legal rate, as well as a fixed compensation of €40 for recovery costs.
6.5 – Retention of title
The Products remain the property of the Publisher until full payment.
6.6 – Delivery
Products are shipped within 48 business hours after payment and delivered no later than 30 days after ordering, unless otherwise stated. Methods: Colissimo, Mondial Relay or any carrier proposed when ordering. Costs are indicated before validation. The risk is transferred to the Customer upon physical delivery of the package. In the event of delay, the Customer may, after formal notice remaining without effect for 14 days, terminate the contract and be reimbursed.
ARTICLE 7. CUSTOMER SERVICE
Customer service is available Monday to Friday from 9:00 a.m. to 5:00 p.m .: telephone +33 5 18 27 00 12 , email contact@laboutiquedubracelet.fr , or postal mail to the address indicated in article 1. Response within 2 working days .
ARTICLE 8. PERSONAL SPACE
8.1 – Creation
Creating a personal space is required to place an order. The Internet user chooses a confidential password and agrees to keep their data up to date.
8.2 – Content
The personal space allows you to track orders. Its pages are freely printable but not legally binding.
8.3 – Deletion
The Publisher may delete any account that violates the T&Cs or has been inactive for more than one year.
ARTICLE 9. PERSONAL DATA
The processing of data is described in the Privacy Policy accessible on the Site and summarized below.
9.1 – Identity of the person responsible
The person responsible 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 customers
As part of its contractual relations, the Publisher may be required to collect and process information from its Customers, namely: Email, First and last name, Telephone, 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 for the purpose of:
- Initiate legal proceedings;
- Verify the identity of Customers;
9.3.3. Legal bases for processing
The data collected has a contractual relationship as its legal basis.
9.3.4. Recipients of the data
The data collected can only be consulted 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-party natural person.
9.3.5. Duration of storage of personal data
The personal data collected is kept for the duration of the contractual relationship, and for the time during which the Publisher's liability may be incurred.
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, using current technical means, in compliance with the provisions of the General Data Protection Regulation and current national legislation.
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 Customers.
The Publisher directs its Clients to provide personal data strictly necessary for the execution of contractual commitments.
The Publisher undertakes to only retain and process 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 to information, access and communication of data
The Publisher's Customers have the possibility of accessing personal data concerning them.
Due to the Publisher's obligation of security and confidentiality in the processing of personal data, 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 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 words "I certify on my honor that the copy of this identity document is a true copy of the original. Done at ... on ...", followed by their signature.
To help them in their process, Customers 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 Customers have the possibility of requesting the rectification, updating, blocking or even 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 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 help them in their process, Customers will find here a letter template 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 here a letter template 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 Publisher limit the processing of their personal data. This means that their data will only be retained and will no longer be used by the Publisher.
9.4.6. Response times
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 respecting 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 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 Customers' data. These service providers may be located outside the European Union.
The Publisher has previously ensured that its service providers have implemented adequate guarantees and that they comply with strict conditions regarding confidentiality, use and protection of data, for example via the US Privacy Shield.
The Publisher uses the following subcontractors:
| Partner | Quality | Destination country | Treatment carried out | Guarantees |
| OVH | Subcontractor | France | Website hosting. | https://ovhcloud.com/legal/privacy-policy |
| Google Contacts | Subcontractor and Co-contractor | USA (Privacy Shield) | Contact management service. | https://policies.google.com/privacy |
| Twitter Ads | Subcontractor and Co-Manager | USA (Privacy Shield) | Carrying out operations relating to prospecting. | https://twitter.com/fr/privacy |
9.5.2. Transfer upon requisition or court decision
Customers also consent to the Publisher communicating the collected data to any person, upon request from a state authority or upon court decision.
9.5.3. Transfer in the context of a merger or acquisition
If the Publisher is involved in a merger, sale of assets, financing transaction, liquidation or bankruptcy or in an acquisition of all or part of its business by another company, Customers consent to the data collected being transmitted by the Publisher to this company and to this company carrying out the processing of personal data referred to in these General Conditions of Service in place of the Publisher.
ARTICLE 10. PUBLISHER'S LIABILITY
10.1. Nature of the Publisher's obligations
The Publisher undertakes to take the necessary care and diligence to provide 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 General Conditions.
10.2. Force majeure - Customer fault
The Publisher shall not be 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, failure of transmission networks, collapse of installations, illicit or fraudulent use of passwords, codes or references provided to the Customer, computer hacking, a security breach attributable to the Site host or developers, flood, 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 against the Customer. In such circumstances, the Publisher will be excused from the performance of its obligations to the extent of this impediment, limitation or disruption.
10.2.2. Customer fault
Within the meaning of these General Conditions, any misuse of the Service, fault, negligence, omission or failure on the part of the Customer or its agents, failure to comply with the advice given by the Publisher on its Site, any illicit disclosure or use of the Customer's password, codes and references, as well as the provision of erroneous information or the failure to update such information in the Customer's personal space, shall be considered a fault of the Customer against the latter. The implementation of any technical process, such as robots or automatic requests, the implementation of which contravenes the letter or spirit of these general conditions of sale shall also be considered a fault of the Customer.
10.3. Technical problems - Hyperlinks
In the event of inability to access the Site due to technical problems of any kind, the Customer may not claim damages and may not claim any compensation. The unavailability, even prolonged and without any time limit, of one or more online services, cannot constitute a prejudice for Customers and cannot in any way give rise to the granting of damages by the Publisher.
Hyperlinks on the Site may lead to other websites. The Publisher shall not be held liable if the content of these sites contravenes current legislation. Similarly, the Publisher shall not be held liable if the User's visit to one of these sites causes 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 workstation to another or differ from reality depending on the quality of the graphic accessories and the screen or depending on the display resolution. These variations and differences may in no case be attributed to the Publisher, who may in no case be held liable for this.
10.4. Damages payable by the Publisher
In the absence of any 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 may under no circumstances be held liable for indirect damages such as, in particular, loss of data, commercial damages, loss of orders, damage to brand image, commercial disruption and loss of profits or customers. Similarly 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 contents of the Site
The Contents of the Site are published for informational purposes only, without any guarantee of accuracy. The Publisher cannot under any circumstances be held liable for any omission, inaccuracy or any error contained in this information which would be the cause of direct or indirect damage caused to the Internet user.
ARTICLE 11. INTELLECTUAL PROPERTY
11.1. Legal protection of the Site Contents
The Contents of the Site may 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 may give rise to legal proceedings for counterfeiting.
11.2. Contractual protection of the Site Contents
The Internet user contractually undertakes with respect 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 any purpose other than that of 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. RIGHT OF WITHDRAWAL
12.1 – Principle
The Consumer Customer has a period of 14 days from receipt of the Product to exercise his right of withdrawal without having to justify his decision.
12.2 – Notification
To exercise this right, the Client may use the standard form in Appendix 1 or send any unambiguous declaration to the Publisher (contact details in Article 1).
12.3 – Return of Products
The Customer returns or restores the Products no later than 14 days after notifying their decision. The return costs are at their expense, unless otherwise indicated.
12.4 – Reimbursement
The Publisher will reimburse payments received no later than 14 days from the recovery of the Products or proof of their dispatch, whichever is the earliest, 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 which cannot be returned for hygiene reasons, unsealed audio/video recordings or computer software, newspapers or periodicals, digital content not provided on a physical medium after execution with prior agreement, etc. (Art. L221-28 C. conso.).
ARTICLE 13. LEGAL GUARANTEES
13.1 – Guarantee of conformity
The Product benefits from the two-year legal guarantee of conformity provided for in articles L217-3 to L217-20 C. consumption. The Customer may demand compliance, free of charge, by repair or replacement. If these solutions are impossible, he may obtain a price reduction or termination of the contract.
13.2 – Guarantee of hidden defects
In accordance with Articles 1641 et seq. of the Civil Code, the Customer may act within two years of discovering the defect and choose between cancellation of the sale or reduction of the price.
13.3 – Implementation methods
For any request, the Customer contacts customer service (contact details in article 7).
ARTICLE 14. ARCHIVING OF THE CONTRACT & PROOF
When the order is for an amount greater than €120, the Publisher retains the contract for ten years and guarantees access to it to the Customer upon simple written request. The Publisher's computerized records will be considered as proof of communications and orders.
ARTICLE 15. FINAL STIPULATIONS
15.1 – Applicable law
These T&Cs are subject to French law.
15.2 – Modifications
The Publisher may modify these T&Cs at any time. The applicable T&Cs are those in effect on the day of the order.
15.3 – Disputes & Mediation
In the event of a dispute, the Customer must send a written complaint to the Publisher. In the absence of an amicable agreement, the Customer may use 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 one clause does not affect the validity of the others.
15.5 – Non-waiver
The fact that the Publisher does not assert a breach does not constitute a waiver.
15.6 – Telephone canvassing – Bloctel
In accordance with Article L223-2 of the Consumer Code, the Customer may register free of charge on the “Bloctel” telephone canvassing opt-out list (www.bloctel.gouv.fr). If the Customer is registered, the Publisher undertakes not to use their number except in the case of legal exceptions.
15.7 – Language
These T&Cs are offered in French.
15.8 – Abusive clauses
The provisions apply subject to the mandatory provisions relating to unfair clauses.
APPENDIX 1 – WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract.)
For 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 below:
- Ordered on (*) / received on (*):
- Name of consumer(s):
- Address of consumer(s):
- Signature of the consumer(s) (only if this form is notified on paper):
- Date :
(*) Delete as appropriate.
