Terms of sale
General terms and conditions of sale of the website volubilis-paris.com,
applicable from October 4, 2021:
ARTICLE 1. PARTIES
These general terms and conditions apply between VOLUBILIS V.O., SASU, share capital: €1000, registered with the RCS of Paris in France on 03/19/2021, under the number 895 349 314, registered office: 158, rue de Grenelle, 75007 Paris, FR, telephone: +33629472962, email: firstname.lastname@example.org, intra-community VAT number: FR02895349314, hereinafter referred to as "the Publisher," and any individual or legal entity, private or public, registered on the Website to purchase a Product, hereinafter referred to as "the Customer."
ARTICLE 2. DEFINITIONS
- "Customer": any individual or legal entity, private or public, registered on the Website.
- "Website Content": elements of any nature published on the Website, protected or not by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases, or software.
- "Publisher": VOLUBILIS V.O., SASU, acting as the publisher of the Website.
- "User": any individual or legal entity, private or public, connecting to the Website.
- "Product": any type of goods sold on the Website by the Publisher to Customers.
- "Website": the website accessible at the URL volubilis-paris.com, as well as its sub-sites, mirror sites, portals, and related URL variations.
ARTICLE 3. SCOPE OF APPLICATION
The Website is freely and freely accessible to any User. By browsing the Website, every User agrees to comply with these general terms and conditions. Merely connecting to the Website, through any means, including robots or browsers, implies full and unconditional acceptance of these general terms and conditions. When registering on the Website, this acceptance will be confirmed by checking the corresponding box.
By checking the aforementioned box, the User acknowledges having fully read and accepted these general terms and conditions without restriction.
The act of checking the box will be deemed equivalent to a handwritten signature by the User. Unless proven otherwise, the User waives the right to contest the probative value of the Publisher's automatic recording systems in the event of a dispute.
These general terms and conditions apply to the relationships between the parties, to the exclusion of any other conditions, including those of the User.
The acceptance of these general terms and conditions implies that Users have the necessary legal capacity, or that they have the authorization of a guardian or curator if they are incapable, their legal representative if they are minors, or that they act on behalf of a legal entity.
ARTICLE 4. PURPOSE OF THE WEBSITE
The purpose of the Website is to sell Products to Customers.
ARTICLE 5. ORDER PROCESS
To place an order, Users can select one or more Products and add them to their cart. The availability of Products is indicated on the Website, in the description of each item. Once their order is complete, they can access their cart by clicking on the designated button.
5.2. Order Validation by the User
By reviewing their cart, Users have the option to check the quantity and nature of the chosen Products, as well as their unit price and total price. They can also remove one or more Products from their cart.
If the order is satisfactory, Users can validate it. They will then be directed to a form where they can either enter their login credentials if they already have an account, or register on the Website by completing the registration form with their personal information.
5.3. Payment by the Customer
Once they are logged in or have completed the registration form, Customers will be prompted to verify or modify their delivery and billing details. They will then be directed to proceed with the payment by being redirected to a secure payment interface displaying the mention "order with payment obligation" or a similar statement.
5.4. Order Confirmation by the Publisher
Once the payment has been received by the Publisher, the latter undertakes to acknowledge receipt to the Customer electronically within a maximum of 24 hours. Within the same timeframe, the Publisher will send a summary email to the Customer confirming the order and its processing, including all relevant information.
ARTICLE 6. PRICE - PAYMENT
The applicable prices are those displayed on the Website on the day of the order. These prices may be modified at any time by the Publisher. The prices displayed are only valid on the day of the order and do not have future effect.
The prices indicated on the Website are in euros, including all taxes, excluding delivery charges.
6.2. Payment Method
The Customer can make payment through Stripe, Paypal.
In the case of payments by credit card, the Publisher has no access to any data concerning the Customer's payment methods. The payment is made directly to the banking institution.
In the case of payment by money order, check, or bank transfer, the delivery time will start from the date of receipt of payment by the Publisher.
The Publisher will send or make an electronic invoice available to the Customer after each payment. The Customer expressly agrees to receive invoices electronically.
6.4. Default of Payment
The agreed payment dates cannot be delayed for any reason, including in the event of a dispute.
Any amount unpaid by the due date will automatically and without formal notice incur late payment penalties calculated at a rate equal to 3 times the legal interest rate, without prejudice to the enforceability of the principal sums due.
Furthermore, any delay in payment will result in the defaulting Customer being billed for collection costs in the amount of 40 euros, immediate enforceability of all outstanding amounts regardless of the agreed deadlines, plus an indemnity of 20% of the amount as a penalty clause, as well as the possibility of unilaterally terminating the contract to the detriment of the Customer. This provision is in accordance with the provisions of Article 1152 of the Civil Code, which allows the judge to reduce the indemnity if deemed excessive.
6.5. Reservation of Ownership
The Products sold remain the property of the Publisher until full payment of their price, in accordance with this reservation of ownership clause.
ARTICLE 7. CUSTOMER SERVICE
The customer service of the Website can be contacted by email at: email@example.com or by postal mail at the address indicated in Article 1 of these general conditions. In both cases, the Publisher undertakes to respond within 3 working days.
ARTICLE 8. PERSONAL ACCOUNT
8.1. Creation of the personal account
The creation of a personal account is a necessary prerequisite for any order placed by an Internet user on the Website. For this purpose, the Internet user will be prompted to provide a certain amount of personal information. Some of this information is deemed essential for the creation of the personal account. The refusal by an Internet user to provide such information will prevent the creation of the personal account and, incidentally, the validation of the order.
During the creation of the personal account, the Internet user will be prompted to choose a password. This password ensures the confidentiality of the information contained in the personal account. The Internet user is therefore prohibited from transmitting or communicating it to a third party. In the event of non-compliance, the Publisher cannot be held responsible for unauthorized access to an Internet user's personal account.
The Customer undertakes to regularly verify the data concerning them and to make any necessary updates and modifications online from their personal account.
8.2. Content of the personal account
The personal account allows the Customer to consult and track all their orders placed on the Website.
The pages related to personal accounts can be freely printed by the account holder in question but do not constitute admissible evidence in court. They are only for informational purposes to ensure effective management of the Customer's orders.
The Publisher undertakes to securely store all contractual elements that must be retained in accordance with applicable laws and regulations.
8.3. Deletion of the personal account
The Publisher reserves the right to delete the account of any Customer who violates these general conditions, particularly when the Customer provides inaccurate, incomplete, false, or fraudulent information, as well as when a Customer's personal account has remained inactive for at least one year. Such deletion shall not constitute a fault on the part of the Publisher or a loss for the excluded Customer, 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 Customer when the circumstances warrant.
ARTICLE 9. PERSONAL DATA
As part of its service, the Publisher will process personal data of its Customers.
9.1. Identity of the data controller
The data controller responsible for the collection and processing of data on the Website is the Publisher.
9.2. 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 ensuring to create a hyperlink to our website's URL).
9.3. Data collected
9.3.1. Data collected from customers
In the context of their contractual relationship, the Publisher may collect and process information from its Customers, including: Email, First and Last Name, Phone Number, Address, State/Province, Postal Code, City, Bank Details, Contract History.
9.3.2. Data collected during the contractual relationship
The data collected during the contractual relationship will be subject to automated processing for the following purposes:
Initiating legal proceedings; Verifying the identity of Customers.
9.3.3. Legal basis for the processing
The data collected have a legal basis in the contractual relationship.
9.3.4. Recipients of the data
The collected data can only be accessed by the Publisher to the extent strictly necessary for the performance of the contractual obligations.
These data, whether individually or aggregated, are never freely accessible by any third party.
9.3.5. Duration of personal data storage
9.4. Respect of rights
Customers of the Publisher 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.
9.4.1. Right to information, access, and communication of data
Customers of the Publisher have the possibility to access the 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, including by providing a scan of their valid identification document (in the case of a request through 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 declare under oath that the copy of this identification document is true to the original. Done in... on..." followed by their signature.
To assist them in their process, Customers can find a template letter developed by the CNIL (French data protection authority) here.
(Note: The text above mentions the CNIL as a reference but does not provide a specific link or model letter. You can replace the placeholder with an appropriate link to a model letter provided by the CNIL or relevant data protection authority in your jurisdiction.)
9.4.2. Right to rectification, erasure, and right to be forgotten of data
Customers of the Publisher have the possibility to request the rectification, updating, blocking, or erasure of their personal data, which may be inaccurate, incorrect, incomplete, or outdated.
Customers of the Publisher can also define general and specific directives regarding the fate of their personal data after their death. If applicable, the heirs of a deceased person can demand that the death of their loved one be taken into consideration and/or that necessary updates be made.
To assist them in their process, Customers can find a template letter developed by the CNIL (French data protection authority).
9.4.3. Right to object to data processing
Customers of the Publisher have the possibility to object to the processing of their personal data.
To assist them in their process, Customers can find a template letter developed by the CNIL (French data protection authority).
9.4.4. Right to data portability
Customers of the Publisher 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 limitation of processing
Customers of the Publisher have the right to request that the processing of their personal data by the Publisher be limited. As a result, their data can only be retained and no longer used by the Publisher.
9.4.6. Response time
The Publisher undertakes to respond to any request for access, rectification, objection, or any other additional request for information within a reasonable period not exceeding 1 month from the receipt of the request.
9.4.7. Complaint to the competent authority
If Customers of the Publisher 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 (French data protection authority), 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 data from its Customers. These service providers may be located outside the European Union.
The Publisher has previously ensured that its service providers have implemented adequate safeguards and comply with strict conditions regarding confidentiality, use, and data protection, for example, through the US Privacy Shield.
The Publisher uses the following subcontractors:
Google Analytics, Subcontractor and Joint Controller, Destination : USA (Privacy Shiedl),
Objective and purpose : Generation of commercial statistics to generate reports on user interactions.
Guarantees : https://policies.google.com/privacy
9.5.2. Transfer upon requisition or judicial decision Clients also consent to the Publisher disclosing the collected data to any person upon requisition by a state authority or a judicial 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 operation, liquidation or bankruptcy, or the acquisition of all or part of its business by another company, Clients consent to the collected data 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 and Conditions of Service on behalf of the Publisher.
ARTICLE 10. PUBLISHER'S LIABILITY 10.1. Nature of the Publisher's obligations The Publisher undertakes to provide Products of quality in accordance with the specifications of these General Terms and Conditions. The Publisher's liability is limited to an obligation of means regarding the services covered by these terms.
10.2. Force majeure - Client's fault The Publisher shall not be liable in the event of force majeure or the Client's fault, as defined in this article:
10.2.1. Force majeure For the purposes of these general terms and conditions, force majeure shall be understood to mean any impediment, limitation, or disruption of the Service due to fire, epidemic, explosion, earthquake, bandwidth fluctuations, failure attributable to the access provider, transmission network failures, facility collapse, illicit or fraudulent use of passwords, codes, or references provided to the Client, hacking, 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. In such circumstances, the Publisher shall be exempt from fulfilling its obligations to the extent of such impediment, limitation, or disruption.
10.2.2. Client's fault For the purposes of these General Terms and Conditions, the Client's fault shall be understood to mean any misuse of the Service, fault, negligence, omission, or failure on the part of the Client or its agents, failure to comply with the advice given by the Publisher on its Site, any unauthorized disclosure or use of the Client's password, codes, and references, as well as the provision of incorrect information or failure to update such information in the Client's personal space. The implementation of any technical process, such as robots or automated queries, which would contravene the letter or spirit of these general terms and conditions of sale, shall also be considered as the Client's fault.
10.3. Technical issues - Hyperlinks In the event of inability to access the Site due to technical problems of any kind, the Client may not claim damages and may not seek any compensation. The unavailability, even if prolonged and without any time limit, of one or more online services cannot constitute a prejudice for the Clients and cannot in any way lead to the granting of damages and interest by the Publisher.
The hyperlinks on the Site may redirect to other websites. The Publisher shall not be held liable if the content of these sites violates applicable laws. Similarly, the Publisher shall not be held liable if the visit to one of these sites causes harm to the Internet user.
Given the current state of technology, the rendering of representations of 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 in no case be attributed to the Publisher, who cannot be held liable for them.
10.4. Damages payable by the Publisher In the absence of contrary legal or regulatory provisions, the liability of the Publisher is limited to direct, personal, and certain damages suffered by the Client and related to the failure in question. The Publisher shall in no event be held liable for indirect damages, such as data loss, business losses, loss of orders, damage to brand image, business disruptions, or loss of profits or customers. Similarly, and within the same limits, the amount of damages payable by the Publisher shall in no case exceed the price of the ordered Product.
10.5. Hyperlinks and Site content The content of the Site is provided for informational purposes only, without any guarantee of accuracy. The Publisher cannot be held liable for any omission, inaccuracy, or error contained in this information that may cause direct or indirect harm to the Internet user.
ARTICLE 11. INTELLECTUAL PROPERTY 11.1. Legal protection of Site content The content of the Site may be protected by copyright and database rights. Any unauthorized representation, reproduction, translation, adaptation, or transformation, in whole or in part, carried out without the consent of the Publisher or its rights holders, constitutes a violation of Books I and III of the Intellectual Property Code and may be subject to legal proceedings for infringement.
11.2. Contractual protection of Site content The Internet user undertakes, on a contractual basis, towards the Publisher not to use, reproduce, or represent the Site content, whether or not protected by intellectual property rights, for any purpose other than reading it with a robot or 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. FINAL PROVISIONS 12.1. Applicable law These general terms and conditions are subject to the application of French law.
12.2. Amendments to these general terms and conditions These general terms and conditions may be modified at any time by the Publisher. The applicable general terms and conditions for the Client are those in effect on the day of their order or connection to the Site, and any new connection to the personal space implies acceptance, if applicable, of the new general terms and conditions.
12.3. Disputes Pursuant to Order No. 2015-1033 of August 20, 2015, any disputes that may arise in the performance of these general terms and conditions and for which a solution could not be found amicably between the parties shall be submitted.
In addition, 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 has been mandatory for everyone. Therefore, any professional selling to individuals is required to provide the contact details of a competent mediator in the event of a dispute, regardless of whether they sell remotely or in a physical store (Source: FEVAD).
Mediation / email@example.com
12.4. Entirety The nullity of any clause in this contract shall not affect the validity of the other clauses of the contract or the contract as a whole, which shall remain in full force and effect. In such a case, the parties shall, to the extent possible, replace the invalidated provision with a valid provision that corresponds to the spirit and purpose of these terms and conditions.
12.5. Non-waiver The failure of the Publisher to exercise the rights granted to it under these terms and conditions shall not be construed as a waiver of such rights.
12.6. Telephone solicitation The Client is informed that they have the option to register on the do-not-call list at the following address: http://www.bloctel.gouv.fr/.
12.7. Languages of these general terms and conditions These general terms and conditions are provided in French.
12.8. Abusive clauses The provisions of these general terms and conditions are subject to compliance with the mandatory provisions of the Consumer Code regarding abusive clauses in contracts concluded between a professional and a consumer.