General Conditions of Use of the Website glambymajha.com
applicable from 27/04/2022
Article 1. Parties
These general conditions are applicable between Glam by Majha, Sas, share capital: 10000 €, recorded at the RCS of PARIS in France the 02/12/2021, under the number 908703838, the head office : 59 rue de Ponthieu Bureau 562, 75008 Paris, fr, E-mail : firstname.lastname@example.org, Intra-community VAT number : FR52908703838, hereinafter "the Publisher" and any person, physical or moral, of private or public law, registered on the site to buy a product, below "the customer".
Article 2. DEFINITIONS
« Customer»: Any person, physical or legal, of private or public law, registered on the site.
« Site content " : elements of any kind published on the site, or not protected by an intellectual property right, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.
« The Publisher » : Glam by Majha, Sas taken as a site editor.
« Internet user »: Any person, physics or legal, of private or public law, connecting to the site.
« Product ": Well of all kinds sold on the site by the Publisher to customers.
« Site": URL accessible website glambymajha.com, as well as sub-sites, mirror sites, gates and variations in related URLs.
Article 3. Field of application
The site is free and free access to any internet user. Navigation on the site supposes the acceptance by any internet user of these general conditions. The simple connection to the site, by any means whatsoever, in particular through a robot or a browser, will take 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 in the same fact having fully learned and accepting 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 evidence of the editor's automatic recording systems and, except for him to provide contrary, he renounces to challenge them in the event of a dispute.
These general conditions are applicable to relations between the parties to the exclusion of all other conditions, and in particular those of the Internet user.
Acceptance of these general conditions supposes on the part of Internet users that they enjoy the legal capacity necessary for this, or failing that they have the authorization of a tutor or a curator if they are incapable , of their legal representative if they are minor, or even they hold a mandate if they act on behalf of a legal person.
Article 4. Site object
The purpose of the site is the sale of products to customers.
ARTICLE 5. Customer service
The site's customer service is accessible from the site contact page: email@example.com or by email at firstname.lastname@example.org or by post to the address indicated in article 1 of these general conditions.
Article 6. Personal space
6.1. Creation of personal space
The creation of a personal space is an essential prerequisite for any order of a user on the site. To this end, the user will be invited to provide a certain number of personal information. Some of this information is deemed to be essential for the creation of personal space. The refusal by a surfer 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 constitutes the guarantee of the confidentiality of the information contained in the personal space. The user therefore refrains from transmitting it or communicating it to a third party. Otherwise, the Publisher cannot be held responsible for unauthorized access to the personal space of a user.
The Customer undertakes to proceed with a regular verification of data which concerns him and to proceed online, from his personal space, to the updates and modifications necessary.
6.2. Personal space contents
The personal space allows the customer to consult and follow all his orders placed on the site.
The pages relating to personal spaces are freely printable by the account holder in question, but do not constitute eligible proof by a court. They have only an informative nature intended to ensure effective management of its orders by the customer.
The Publisher undertakes to keep all the contractual elements in a secure manner whose conservation is required by the law or the regulations in force.
6.3. Deletion of personal space
The Publisher reserves the right to delete the account of any customer who contravenes these general conditions, especially when the customer provides inaccurate, incomplete, false or fraudulent information, as well as when the personal space of a client has been inactive For at least a year. The said deletion will not be likely to constitute a fault of the Publisher or damage to the excluded customer, who will not be able to claim any compensation.
This exclusion is without prejudice to the possibility, for the Publisher, to undertake legal proceedings against the customer, when the facts have justified.
Article 7. Personal data
As part of his service, the Publisher will have to process personal data from his customers.
7.1. Identity of the controller
The manager of the collection and data processed on the site is the Publisher.
7.2. Identity of the data protection delegate
The data protection delegate 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 the URL of our site
7.3. Data collected
7.3.1. Data collected from customers
As part of his contractual relationships, the Publisher may have to collect and process information from his customers, namely: Email, name and first name, telephone, address, state, province, postal code, city.
7.3.2. Purposes of collecting personal data
The data collected during the contractual relationship is subject to automated processing having the purpose of:
- execute contractual commitments;
- Contact customers;
- avoid any illegal or illegal activity;
- enforce the general conditions;
- initiate legal proceedings;
- Check the identity of customers;
7.3.3. Legal bases of treatment
The data collected has a legal basis a contractual relationship.
7.3.4. Data recipients
The data collected can be viewed only by the Publisher within the limits strictly necessary for the execution of contractual commitments.
These data, whether in individual or aggregated form, is never freely visualized by a third -party natural person.
7.3.5. Personal data retention period
The personal data collected is kept during the time of the contractual relationship, and during the time during which the responsibility of the Publisher can be engaged.
After the retention period, the Publisher undertakes to permanently delete the data of the persons concerned without keeping a copy.
7.3.6. Safety and confidentiality of personal data
Personal data is kept under secure conditions, according to the current means of the technique, in compliance with the provisions of the General Data Protection Regulations and the national legislation in force.
Access to the Publisher's premises is also secure.
7.3.7. Data minimization
The Publisher can also collect and process any data voluntarily transmitted by its customers.
The Publisher directs its customers so that it provides personal data strictly necessary for the execution 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 not useful to its activities as soon as possible.
7.4. Respect for rights
The Publisher's customers have the following rights concerning their personal data, which they can exercise by writing to the postal address of the Publisher or by filling out the online contact form.
7.4.1. Right of information, access and communication of data
Publisher's customers have the possibility of accessing personal data concerning them.
Due to the obligation of security and confidentiality in the processing of personal data which is the responsibility of the Publisher, requests will only be processed if customers provide proof of their identity, in particular by the production of a scan of Their valid identity title (in the event of a request by the dedicated electronic form) or a photocopy signed by their valid identity title (in the event of a request addressed in writing), both accompanied by the mention " On the honor that the copy of this identity document conforms to the original. Done to ... ", followed by their signature.
To help them in their approach, customers will findhere A mail model developed by the CNIL.
7.4.2. Right of rectification, deletion and right to be forgotten of data
Publisher's customers have the possibility of requesting rectification, update, locking or deleting of their personal data which may prove if necessary inaccurate, erroneous, incomplete or obsolete.
Publisher's customers can also define general and specific directives relating to the fate of personal data after their death. If necessary, the heirs of a deceased person may require taking into account the death of their loved one and/or to carry out the necessary updates.
To help them in their approach, customers will find here A mail model developed by the CNIL.
7.4.3. Right of opposition to data processing
Publisher's customers have the possibility of opposing their personal data.
To help them in their approach, customers will find here A mail model developed by the CNIL.
7.4.4. Right to data portability
Publisher's customers 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 limit treatment
Publisher's customers have the right to request that processing their personal data by the Publisher is limited. Thus, their data can only be kept and no longer used by the Publisher.
7.4.6. 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 time which cannot exceed 1 month from the receipt of the request.
7.4.7. Complaint with the competent authority
If the Publisher's customers consider that the Publisher does not comply with his obligations with regard to their personal data, they can send a complaint or a request to the competent authority. In France, the competent authority is the CNIL to which they can send a requesthere.
7.5. Transfer of data collected
7.5.1. Transfer to partners
The Publisher has used authorized providers to facilitate the collection and processing of customer data. These providers can be located outside the European Union.
The Publisher has previously ensured the implementation by its providers of adequate guarantees and compliance with strict confidentiality, use and data protection conditions, for example via the Uun privacy shield.
The Publisher calls on the following subcontractors:
|Partner||Quality||Recipient country||Treatment carried out||Guarantees|
7.5.2. Transfer on requisition or judicial decision
Customers also agree that the Publisher communicates the data collected to any person, on the requisition of a state authority or by judicial decision.
7.5.3. Transfer as part of a merger or acquisition
If the Publisher is involved in a merger, a sale of assets, a financing operation, a liquidation or bankruptcy or in an acquisition of all or part of its activity by another company, customers consent to the data collected are transmitted by the Publisher to this company and that this company operates the processing of personal data referred to in these general conditions of service instead of the Publisher.
Article 8. Intellectual Propriete
8.1. Legal protection of site content
Site content may be protected by copyright and database law. Any representation, reproduction, translation, adaptation or transformation, integral or partial, carried out illegally and without the consent of the Publisher or its beneficiaries or beneficiaries constitutes a violation of books I and III of the Intellectual Property Code and will be likely to give rise to legal proceedings for counterfeiting.
8.2. Contractual protection of site content
The Internet user commits contractually towards 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, to another end than that of their reading by a robot or a browser. This prohibition is not applicable to indexing robots having the sole purpose of scaning the content of the site for indexing purposes.
8.3. Protection of General Conditions
The general conditions of the site, written by the Deshoulières Associés law firm (www.deshoulieres-avocats.com), are protected by commercial law. Any reproduction, integral or partial, carried out without the consent of associated lawyers will be likely to give rise to legal proceedings for parasitism.
Article 9. Final stipulations
9.1. Applicable right
These general conditions are subject to the application of French law.
9.2. Changes in these General Conditions
These general conditions can be modified at any time by the Publisher. The general conditions applicable to the Customer are those in force on the day of their order or its connection to this site, any new connection to the personal space taking acceptance if necessary new general conditions.
Under the ordinance n ° 2015-1033 of August 20, 2015, all disputes which could arise within the framework of the execution of these general conditions and whose solution could not have been found prior amicable between the parties will have to be submitted.
In addition, the customer is informed of the existence of the online dispute settlement platform, accessible to the following URL address: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
Since January 1, 2016, mediation has been compulsory for everyone. Thus, any professional selling to individuals, is required to communicate the contact details of a competent mediator in the event of a dispute, it does not matter that he sells remotely or in a physical store (source: Fevad).
firstname.lastname@example.org / email@example.com
The nullity of one of the clauses of this contract will not result in the nullity of the other clauses of the contract or the contract as a whole, which will keep their full effect and carried. In such a hypothesis, the parties will have to replace the stipulation canceled by a valid stipulation corresponding to the spirit and object of the present stipulation.
The absence of an exercise by the Publisher of the Rights recognized by these can in no way be interpreted as a waiver to assert the said rights.
9.6. Telephone canvassing
The customer is informed that he has the possibility of registering on the list of opposition to canvassing 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 imperative provisions of the Consumer Code concerning abusive clauses in contracts concluded between a professional and a consumer.