Terms of service
General conditions of use of the website www.maisonmonstre.com
applicable from 07/03/2021
ARTICLE 1. PARTIES
These general conditions are applicable between Adeline Schwab, SASU, share capital: 100 €, registered with the RCS of Paris in France the 20/02/2001, under the number 847 947 389, the head office : 4 Rue Pierre Picard, France, phone : +33664154885, E-mail : firstname.lastname@example.org, Intra-community VAT number : FR10847947389, hereinafter "the Publisher" and any person, natural or legal, of private or public law, registered on the Site to purchase a Product, hereinafter "the Customer".
ARTICLE 2. DEFINITIONS
« Customer»: Any person, natural or legal, of private or public law, registered on the Site.
"Site contents » : elements of any kind published on the Site, whether or not protected by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.
"The Editor": Adeline Schwab, SASU taken in its capacity as editor of the Site.
"Internet user»: Any person, natural or legal, of private or public law, connecting to the Site.
"Product": Goods of any kind sold on the Site by the Publisher to Customers.
"Site": Website accessible at URL www.maisonmonstre.com, as well as related sub-sites, mirror sites, portals and URL variations.
ARTICLE 3. SCOPE
The Site is free and open to all Internet users. Browsing the Site implies acceptance by all Internet users of these general conditions. The simple connection to the Site, by any means whatsoever, in particular by the intermediary of a robot or a browser, will imply 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 by the same fact to have taken full knowledge of them and to accept 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 evidential value of the Publisher's automatic registration systems and, except for him to provide proof to the contrary, he waives the right to challenge them in the event of a dispute.
These general conditions are applicable to the relations between the parties to the exclusion of all other conditions, and in particular those of the Internet user.
Acceptance of these general conditions assumes that Internet users have the necessary legal capacity for this, or failing that, that they have the authorization of a tutor or curator if they are unable to do so. , of their legal representative if they are minors, or that they hold a mandate if they act on behalf of a legal person.
ARTICLE 4. PURPOSE OF THE SITE
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's contact page: www.maisonmonstre.com or by email to email@example.com 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 a prerequisite for any order from an Internet user on the Site. To this end, the Internet user will be asked to provide a certain amount of personal information. Some of this information is deemed essential for the creation of personal space. The refusal by an Internet user 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 guarantees the confidentiality of the information contained in the personal area. The Internet user is therefore prohibited from transmitting or communicating it to a third party. Otherwise, the Publisher cannot be held responsible for unauthorized access to the personal space of an Internet user.
The Customer undertakes to carry out a regular verification of the data concerning him and to proceed online, from his personal space, with the necessary updates and modifications.
6.2. Content of personal space
The personal space allows the Customer to consult and follow all his orders made on the Site.
The pages relating to personal spaces are freely printable by the account holder in question, but do not constitute admissible evidence by a court. They are for informational purposes only, intended to ensure efficient management of their orders by the Customer.
The Publisher undertakes to securely store all contractual elements whose retention is required by law or regulations in force.
6.3. Removal of personal space
The Publisher reserves the right to delete the account of any Client who contravenes these general conditions, in particular when the Client provides inaccurate, incomplete, false or fraudulent information, as well as when a Client's personal space has remained inactive. for at least a year. Said deletion will not be liable to constitute a fault on the part of the Publisher or damage to the excluded Customer, who will not be able to claim any compensation for this fact.
This exclusion is without prejudice to the possibility for the Publisher to take legal action against the Client, when the facts have justified it.
ARTICLE 7. PERSONAL DATA
As part of its service, the Publisher will be required to process the personal data of its Customers.
7.1. Identity of the controller
The person responsible for the collection and the data processed 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, firstname.lastname@example.org, 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 its contractual relations, the Publisher may need to collect and process information from its Customers, namely: Email, Name and first name, Address, state, province, postal code, city, Contract history.
7.3.2. Purposes of the collection of personal data
The data collected during the contractual relationship is subject to automated processing for the purpose of:
- fulfill contractual commitments;
- contact Customers;
- avoid any illicit or illegal activity;
- enforce the general conditions;
- initiate legal proceedings;
- verify the identity of Customers;
7.3.3. Legal basis for processing
The data collected has a contractual relationship as a legal basis.
7.3.4. Data recipients
The data collected can only be viewed 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 natural person.
7.3.5. Retention period of personal data
The personal data collected is kept for the duration of the contractual relationship, and for the time during which the Publisher may be held liable.
After the retention period, the Publisher undertakes to permanently delete the data of the persons concerned without keeping a copy.
7.3.6. Security and confidentiality of personal data
Personal data is kept in secure conditions, using current technical means, in compliance with the provisions of the General Data Protection Regulation 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 guides its Customers to provide personal data strictly necessary for the performance 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 that is not useful for its activities as soon as possible.
7.4. 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.
7.4.1. Right of information, access and communication of data
The Publisher's Customers have the possibility to access personal data concerning them.
Due to the obligation of security and confidentiality in the processing of personal data incumbent on 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 document (in the event of a request using the dedicated electronic form) or a signed photocopy of their valid identity document (in the event of a written request), both accompanied by the words "I certify on the honor that the copy of this identity document corresponds to the original. Done at… on… ”, followed by their signature.
To help them in their process, Customers will findherea mail model developed by the CNIL.
7.4.2. Right of rectification, deletion and right to be forgotten
The Publisher's Customers have the option of requesting the rectification, updating, blocking or even erasure of their personal data, which may prove to be inaccurate, erroneous, incomplete or obsolete, if applicable.
The Publisher's Customers can also define general and specific guidelines relating to the fate of personal data after their death. Where applicable, the heirs of a deceased person may require the death of their relative to be taken into account and / or the necessary updates to be made.
To help them in their process, Customers will find herea mail model developed by the CNIL.
7.4.3. 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 herea mail model developed by the CNIL.
7.4.4. 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.
7.4.5. Right to restriction of processing
The Publisher's Customers have the right to request that the processing of their personal data by the Publisher be restricted. 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 period of time which may not exceed 1 month from receipt of the request.
7.4.7. Complaint to the competent authority
If the Publisher's Customers consider that the Publisher is not complying with 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 send a requesthere.
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 Customers' data. These providers may be located outside the European Union.
The Publisher has previously ensured the implementation by its providers of adequate guarantees and compliance with strict conditions in terms of confidentiality, use and data protection, for example via the US Privacy Shield.
The Publisher uses the following subcontractors:
Country of destination
7.5.2. Transfer on requisition or court order
Customers also consent to the Publisher communicating the data collected to any person, upon request from a state authority or by court order.
7.5.3. Transfer as part of a merger or acquisition
If the Publisher is involved in a merger, sale of assets, financing operation, liquidation or bankruptcy or in an acquisition of all or part of its activity by another company, the Clients agree that the data collected are transmitted by the Publisher to this company and that this company carries out the processing of personal data referred to in these General Terms of Service instead of the Publisher.
ARTICLE 8. INTELLECTUAL PROPERTY
8.1. Legal protection of Site Content
The Contents of the Site are liable to 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 of his successors or assigns constitutes a violation of Books I and III of the Intellectual Property Code and will be liable to to give rise to legal proceedings for infringement.
8.2. Contractual protection of Site Content
The Internet user undertakes contractually with regard to the Publisher not to use, reproduce or represent, in any way whatsoever, the Content of the Site, whether or not they are protected by an intellectual property right, for a purpose other than that of their reading 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, drawn up 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 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. Amendments to these general conditions
These general conditions may be modified at any time by The Publisher. The general conditions applicable to the Customer are those in force on the day of his order or of his connection to this Site, any new connection to the personal space entailing acceptance, if applicable, of the new general conditions.
By virtue of 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 for which the solution could not be found beforehand amicably between the parties must be submitted to Medicys:www.medicys.fr.
In addition, the Customer is informed of the existence of the online dispute resolution platform, accessible at the following URL address: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
Any dispute relating to or in connection with this contract will be settled by arbitration in accordance with the regulations of the Digital Arbitration and Mediation Institute: www.fast-arbitre.com.
The nullity of one of the clauses of this contract will not entail the nullity of the other clauses of the contract or of the contract as a whole, which will retain their full effect and scope. In such a case, the parties must, as far as possible, replace the canceled stipulation by a valid stipulation corresponding to the spirit and the object of the present.
9.5. No waiver
The absence of exercise by the Publisher of the rights recognized to it by these presents may in no case be interpreted as a waiver of the assertion of 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. Unfair terms
The stipulations of these general conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning unfair terms in contracts concluded between a professional and a consumer.