GeneralTerms and Conditions of Sale of Luminis Films

The present general terms and conditions of sale (hereinafter referred to as the "GTC") are proposed by JAM DIFUS (hereinafter referred to as the "Company"), a one-person limited liability company, whose registered office is located at 587 rue Pierre Poivre, ZAC de la Tuilerie, 01330 Villars-les-dombes, France, registered in the Registre du Commerce et des Sociétés under number 483 495 339 and represented by Mr Michel Labalme in his Labalme in his capacity as manager.

The Company's intra-community VAT identification number is FR 21483495339.

The Company owns and publishes the following website (hereinafter referred to as the "Site"):

https://www.luminis-films.com

The Site is hosted by SQUARK, a limited liability company (SARL) with a capital of €10,000.00, whose registered office is located at 5 PASSAGE DE L'INDUSTRIE 92130 ISSY-LES-MOULINEAUX, registered in the Nanterre B under number 808 483 796.

The director of the publication is Michel Labalme.

The present General Terms and Conditions of Sale define the legal framework of the relationship between the Company and its clients (hereinafter referred to as the "Clients"). The Company and the Client are also hereinafter jointly referred to as the referred to jointly as the "Parties" and individually as a "Party".

Prior to any use of the Site, the Client must ensure that he/she has the technical and computer resources to use the Site and to order the products offered by the Company via the Site, and that their the Site, and that their browser allows secure access to the Site. The Client must also ensure that the The Client must also ensure that the computer configuration of its hardware/equipment is in good condition and does not contain any virus.

It is possible to contact the Company at the address indicated at the top of this document, or via the contact form made available to contact form made available to Clients on the Site under the heading "Contact".

ARTICLE 1: APPLICATION AND ENFORCEABILITY OF THE GCV

The Company's business is the sale of custom-made blinds, films and adhesive coatings as well as tinted window kits (hereinafter referred to as "the Products"). tinted window kits (hereinafter referred to as "the Products").

The purpose of the General Terms and Conditions of Sale is to define all the conditions under which the Company markets its Products as offered for sale on its Site to Clients. They therefore apply to to any order of Products placed on the Site by the Client (hereinafter referred to as the "Order").

The Customer declares that he/she has read and accepted these GTC before placing his/her order.

The validation of the Order therefore implies acceptance of these GTC. These are regularly updated. updated on a regular basis, the applicable GTC are those in force on the Site on the date the Order is placed. Order. The Customer shall be kept informed of any changes to the GTC by any means.

Any condition to the contrary imposed by the Client shall therefore, in the absence of express acceptance, be unenforceable the Company, regardless of when it may have been brought to its attention.

The fact that the Company does not take advantage of any provision of these GTCs at a given time shall not be interpreted as a waiver of the right to take advantage of any provision at a later date. shall not be construed as a waiver of the right to invoke any provision of these GTC at a later date. provision of the said GTC.

The Company reserves the right to adapt or modify these GTC at any time. In the event of modification, the GTC in force on the date of the Order shall apply to each Order. A unless the amendments are due to legal or administrative obligations, the Client shall be given reasonable shall be given reasonable notice before the updated GTC are applied.

The latest available version of the GTC shall prevail over any other version of these GTC.

ARTICLE 2: ORDERING PRODUCTS ON THE SITE

The Products offered for sale are described and presented as accurately as possible.

The Company reserves the right to correct the content of the Site, in particular to adapt to changes in the of the Site and of the Company's activity by making new Products available or by removing or modifying modification of existing Products.

The Customer selects the Product(s) he/she wishes to purchase, and can access the Order summary at any time. summary of their Order.

The Order summary lists the Product(s) selected by the Customer, the specifications specified by the Customer in the case of customised specifications specified by the Customer in the event that the Products are made to measure, as well as any costs that may be added to the price of the Order.

After choosing the payment method, the Customer validates his/her Order by ticking the box validation of the GTC, then enters his/her bank details and validates the Order. The words The words " Order with payment obligation " or a similar unambiguous wording shall appear next to the next to the Order validation icon to ensure that the Customer explicitly acknowledges his/her obligation to pay for the Order. the Customer's obligation to pay for the Order.

The Customer also acknowledges that he/she has been informed that no changes to the Order may be made following the final validation of the Order by the Customer.

Once the GTC have been accepted and the Order validated, with the obligation to pay, the contract is validly concluded between the Company and the Client and is irrevocably binding on both parties. validly concluded between the Company and the Client and is irrevocably binding on them. The Company shall then The Company shall then send the Client an Order confirmation by e-mail, which shall include the details of the Order summary.

After validating the delivery and billing details, the Customer shall proceed to pay for the Order in accordance with the terms and conditions specified in article 7 of these GTC. Order in accordance with the terms and conditions set out in article 7 of these GTC.

Some Orders must be checked by the Company's verification department in the context of the Company's the Company's compliance with the regulations in force. In this respect, the Company reserves the right to request additional information from the Client when placing the Order. The Company also also reserves the right to cancel the Client's Order in the event that the Client refuses to provide the requested supporting documents, failure to receive the requested supporting documents or receipt of documents deemed to be receipt of proofs that are deemed to be non-compliant.

Some Orders may be subject to a quotation. In the absence of a quotation sent to the Client, the the provisions of these GTC shall express the entirety of the agreement between the Parties.

ARTICLE 3: CREATION OF A CUSTOMER ACCOUNT

Access to and registration on the Site are free. However, before placing an Order, the Customer must first create an account (hereinafter referred to as the "Account"). Order, the Customer must first create an account (hereinafter referred to as the "Account").

The Client must therefore provide the following information when registering:

Full name ;
E-mail address;
Postal address;
The telephone number ;
Password.

In order to validate his registration, the Customer must click on the box " I consent to the processing of my personal data personal data to validate and send my order ".

Once this information has been entered, the Customer will receive an e-mail confirming his or her registration.

Once the registration has been completed, the Client may connect to his Account with his identifier and password that he has previously chosen. and password that he/she will have chosen beforehand.

The login and password are strictly personal. The Client undertakes to keep them secret and not to disclose them to anyone. The Company declines all responsibility in the event of loss or misuse of this information. misuse of this information.

In the event that the Client becomes aware that this information has been stolen by a third party, it undertakes to by a third party, it undertakes to modify it without delay and to inform the Company. The Client also undertakes to to disconnect at the end of each session.

Each Client may only hold one Account. The Client is prohibited from using a false identity or the the identity of another person. In the event that such a case is discovered by the Company, the Account will be deleted without notice or compensation and any legal action may be taken against it by the Company. the Company.

The Client undertakes to provide accurate and truthful personal information and to update it systematically, either through their profile or by notifying the Company, in order to systematically update it, via their profile or by notifying the Company, in order to guarantee its relevance and to ensure its relevance and accuracy throughout the use of the Site. The Client undertakes not to not create or use, under his own identity or that of a third party, Accounts other than the one initially created.

ARTICLE 4: PRICES - TERMS OF PAYMENT OF THE ORDER

4.1 The prices are mentioned on the Site in the descriptions of the various Products available, in euros, excluding and/or including all taxes.

As long as the Products and their prices are visible on the Site, the Products are considered as available.

In the event of unavailability of an ordered Product, the Customer is informed by e-mail. He may at any time withdraw from the contract and obtain a refund of the sums paid.

The total amount of the Order is indicated in the Order summary, before the Customer accepts these GTC, validates their Order, enters and validates their delivery and, where applicable, billing details and and, if applicable, billing details, and proceed with payment. This total amount is indicated with all taxes taxes included.

The Order is only validated within the limits of available stocks. In the event that the Product ordered is unavailable, the ordered, the Company shall immediately inform the Client and may offer the Client a Product of equivalent quality quality and price. If the Client refuses, the Company shall reimburse the sums paid for the Order within If the Client refuses, the Company shall refund the sums paid for the Order within thirty (30) days of the Order being placed.

Apart from the reimbursement of the price of the unavailable product, the seller shall not be liable to pay any compensation for cancellation, unless the non-performance of the contract is attributable to him personally. compensation, unless he is personally responsible for the non-performance of the contract.

Orders for Products on the Site are payable in Euros. Payment must be made in full on the day the Order is placed by the Client on the day the Order is placed, by credit card, cheque or bank transfer, unless special conditions of sale are conditions of sale expressly accepted by the Client and the Company. No Product shall be delivered until payment has been made in full.

In the case of payment by cheque, it must be issued by a bank domiciled in France. France. Any Order paid by cheque or bank transfer will only be processed on receipt of the payment.

In case of payment by credit card, the Site uses the security system Paypal, Paybox, and e transaction, service providers specialised in the security of online payments. These systems guarantee to the Customer the total confidentiality of his banking information. The bank transaction by credit card, carried out between the Customer and one of the secure systems is therefore entirely encrypted and protected. The The Client's bank details are not stored electronically by the Company.

4.2 The Client warrants to the Company that it has the necessary authorisations to use the method of payment payment method when placing the Order.

Communications, Order forms and invoices are archived on a reliable and durable medium. reliable and durable medium. They may be produced as proof of the contract, if necessary.

The Company reserves the right to suspend or cancel any execution and/or delivery of an Order, regardless of its nature and level of execution, in the event of non-payment or failure to deliver. Order, regardless of its nature and level of execution, in the event of non-payment or partial payment of any sum partial payment of any sum due by the Client to the Company, in the event of a payment incident or in the event of fraud or attempted fraud relating to the use of the Web Site and the payment of an Order.

ARTICLE 5: WITHDRAWAL

In accordance with Article L.221-18 of the Consumer Code, the consumer Customer has a period of fourteen (14) days from the receipt of the Product to exercise his right of withdrawal. fourteen (14) days from the date of receipt of the Product to exercise his right of withdrawal, in order to obtain a refund of the Products purchased, without having to justify themselves or pay any penalties.

The Consumer Customer is defined as any natural person acting for purposes that do not fall within the scope of his commercial, industrial, craft or liberal activity. within the framework of his commercial, industrial, craft or liberal activity.

In accordance with Article L.221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts for the supply of goods made to the contracts for the supply of goods made to the consumer's specifications or clearly or clearly personalised. Consequently, products cut to size by the linear metre and/or to the exact to the exact dimensions at the request of the customer shall not be subject to the right of withdrawal.

The Products offered by the Company shall not be returned or exchanged if they have been unsealed by the Client or if they have been custom-made for the Client, except in the event of an error. Client or when they have been custom-made for the Client, except in case of an error attributable to the attributable to the Company, in particular in the event of delivery of Products that do not correspond to the Client's Order. the Client's Order.

To exercise the right of withdrawal, the Client must notify the Company before returning the product(s):

name, address and, where available, telephone number and e-mail address;
and his decision to withdraw by means of an unambiguous statement expressing his wish to withdraw.

A withdrawal form is available to the Customer here.

Returns must be made to the Company or to a person designated by it, in their original condition and complete (packaging, accessories...). and complete (packaging, accessories, etc.) so that they can be put back on the market in new condition, accompanied by the purchase invoice. Damaged, soiled or incomplete Products are not accepted. It is reminded that the Customer's responsibility, in the event of retraction after use of the Product(s), is committed to for the depreciation of the goods resulting from handling other than that required. According to According to the European Commission, these manipulations are those that a consumer can carry out in a shop, for goods that are shop, for the goods offered for sale there.

If the right of withdrawal is exercised within the above-mentioned period, only the price of the Product(s) purchased and the delivery costs will be refunded. delivery costs are reimbursed; the return costs remain the responsibility of the Client. The Company will will proceed with the refund using the same means of payment as the one used for the initial transaction (unless the Client expressly agrees to use another means of payment and insofar as the the refund does not incur any costs for the Client).

The refund will be made within fourteen (14) days of receipt of the returned Product by the Customer. returned by the Customer.

ARTICLE 6 : DELIVERY OF PRODUCTS

6.1 The Products offered on the Site may be delivered to Metropolitan France only, unless otherwise specified on a quotation or special conditions. only, unless otherwise specified on a quotation or special conditions.

All information relating to delivery costs is available directly on the Site.

Postal delivery charges are set by the various carriers and therefore vary accordingly. The total amount due by the Customer for delivery costs appears at the time of the Order summary, before payment. Order summary, before payment.

In accordance with Article L.216-4 of the Consumer Code, any risk of loss or damage to the goods is transferred to the consumer at the time he/she physically takes delivery of the goods. of loss or damage to the goods is transferred to the consumer at the moment he takes physical possession of the Products.

The Company undertakes to deliver the Products within a period not exceeding thirty (30) working days from the date of the Order. The Client shall be informed by email, when the Order is ready, of the delivery of the Product(s). The Product(s) ordered shall be delivered to the address indicated by the by the Customer when placing the Order in accordance with the conditions specified in the "Product Order" section of these GTC.

6.2 The Customer shall be informed by e-mail of the dispatch of his/her Order. If, within eight (8) days of the Company sending the the Company has sent the Order, the Client has not received the Products ordered, he/she may contact the contact the Company's Customer Service Department, whose contact details are available on the Web Site. In the event of lost, the Client undertakes to send the Company, within twenty (20) days of the date of dispatch of the sending the Order, to send the Company a copy of their National Identity Card and a declaration on their honour a declaration on their honour that they have not received the Order).

If the documentation is not sent within the aforementioned period, the Customer shall not be entitled to any return or refund of the Order. be returned or reimbursed for the Order.

6.3 The Customer must ensure that the information provided in the article "Ordering Products" and mentioned in the confirmation email is correct, and that it remains correct until the order is placed. and mentioned in the confirmation email referred to are correct, and that they remain so until complete receipt of the receipt of the Product(s) ordered. The Client therefore undertakes to inform the Company of any change in billing and/or delivery details that may occur between the Order and the delivery, by The Client therefore undertakes to inform the Company of any change in billing and/or delivery details that may occur between the Order and the delivery, by sending an email to the Customer Service email address without delay. A If the Client fails to do so, in the event of a delay and/or error in delivery, the Client may not hold the the Company, and the Company's Customer Service will contact the Client for a second delivery at the Client's expense. delivery at the Client's expense.

Furthermore, it is the direct responsibility of the Client to verify, upon delivery, the perfect condition of the condition of the Products. If this is not the case, they must directly express their express and precise/detailed reservations on the detailed reservations on the carrier's delivery slip in the presence of the carrier and inform the Company as soon as possible. as soon as possible.

In the event of a defect in the Product ordered, the Client undertakes to photograph all defects in the Product before any installation or removal of the protective film and to communicate the photos to the Company as soon as as soon as possible.

The Company shall also not be liable if the non-receipt of the Products is due to a third party outside its intervention or in case of theft. intervention or in case of theft.

The Customer undertakes to be present at the delivery address at the time of delivery of the Products.

If the Order is returned due to the Client's absence, the Company's customer service will contact the Client for a second delivery at the Client's expense. will contact the Client for a second delivery at the Client's expense.

If the Client returns the Order without notifying the Company, the return of the Order will be refused by the Company. refused by the Company. No refund will be made for the Order. The cost of the second delivery The cost of the second delivery shall be borne by the Client.

The Customer may track the status of his or her Order via the Web site, or via the carrier's Web site if applicable, using the tracking number provided in the Order confirmation e-mail. from the tracking number provided in the Order confirmation e-mail.

ARTICLE 7: RETENTION OF TITLE

The Products are sold under reservation of ownership until full payment has been made. Payment is understood to mean payment of the price of the Products and the costs related to the sale and interest. Thus, in the event of non-payment the Customer shall, at his own expense and risk, return the unpaid Products eight (8) days after the formal notice by registered letter with acknowledgement of receipt that has remained unsuccessful.

In this case, the sale shall be cancelled by operation of law on the day of the request for return. Despite the application of this retention of title clause, the Customer shall bear the risks from the date of delivery/collection of the delivery/collection of the Products.

The professional customer may nevertheless resell or process these goods in the normal course of business. normal operation of its business. In the event of resale, the Professional Client hereby assigns to the Company all claims arising to its benefit from the resale to the third party purchaser.

ARTICLE 8: CUSTOMER SERVICE

For any request for information, clarification or complaint, the Customer must contact, in priority, the priority, the Site's Customer Service Department, in order to allow the latter to try to find a solution to the to try to find a solution to the problem.

Customer Service is available Monday to Friday from 8am to 6pm using the following using the following contact details:

Telephone: 00 33 472 41 06 60
or 24/7 using the contact form available by clicking here

ARTICLE 9: LEGAL AND COMMERCIAL GUARANTEES

All Products offered by the Company are subject to the legal guarantee of conformity provided by law, and law, and in particular articles L.217-4 and following of the Consumer Code, and to the guarantee for hidden defects articles 1641 and 1648, first paragraph, of the Civil Code.

Article L.217- 4 of the Consumer Code states: " The seller is obliged to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He is also liable for of conformity resulting from the packaging, the assembly instructions or the installation when the installation when the latter has been put at his expense by the contract or has been carried out under his responsibility". responsibility ".

Article L.217-5 of the Consumer Code states: " To be in conformity with the contract, the goods must
1° Be fit for the purpose usually expected of similar goods and, where applicable :
- correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model ;
- have the qualities that a purchaser may legitimately expect, having regard to the public statements made by the seller, the producer or his representative, in particular in advertising or on labelling;
2° Or have the characteristics defined by mutual agreement between the parties or be fit for any special purpose sought by the buyer, brought to the attention of the seller and accepted by the latter .

Article L.217-12 of the Consumer Code states: " The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.

Article 1641 of the Civil Code states: " The seller is bound by the warranty for hidden defects of the thing sold which render it unfit for the use for which it was intended, or which so diminish use that the buyer would not have acquired it, or would have given only a lower price for it, if he had known.

Article 1648 of the Civil Code, first paragraph, states: " The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.

If a Customer considers that they have received a Product that they consider to be defective or non-conforming, they must :

Indicate the defect or non-conformity on the delivery note in the presence of the delivery person.
Contact the Company within forty-eight (48) working hours of receiving the Order, using the contact form available on the Site under the heading "Contact". of the Order, via the contact form available on the Site under the heading "Contact", or by registered post with acknowledgement of receipt to the address at the top of this document, specifying the defect or non-conformity of the goods. specifying the defect or non-conformity in question.

anomalies observed. The Client must allow the Company every facility to proceed with the observation of these defects or non-conformities and to remedy them if necessary. It shall refrain from intervening itself or have a third party intervene for this purpose.

If the defects and/or anomalies are confirmed by the Company, the Company will then send the Client instructions on how to proceed instructions on how to proceed after having taken note of the complaint thus formulated and, if necessary and, if necessary, will replace or repair the Product for which the Company has been of conformity, or the defectiveness of the Product.

In the event that it is impossible to exchange the Product, the Company shall be obliged to reimburse the Client within fourteen (14) days of receipt of the Product. fourteen (14) days following receipt of the Product. The refund will be made at the Company's proposal by the Company by crediting the Client's bank account, the Client being able to opt for another method of reimbursement the proposed method of reimbursement.

Exclusion of warranty

The guarantee runs from the date specified on the invoice.

The warranty does not cover faults caused by :

Use of the Products not in accordance with the user and installation manual provided with the Products;
Poor maintenance of the Products;
Improper storage or warehousing of the Product;
Corrosion, abrasion, lack of maintenance, misuse, freezing, or any other cause external to the Product.

Notwithstanding articles 1641 et seq. of the French Civil Code, in its relations with professional Customers of a speciality similar to that of the Company, the Company shall not be held liable for the Products due to for hidden defects in the item sold that make it unfit for its intended use.

ARTICLE 10: OBLIGATIONS OF THE CLIENT

The Customer undertakes to comply with the terms of these GTC.

The Customer undertakes to use the Site in accordance with the laws and regulations in force.

Accordingly, the Client assumes full responsibility for the accuracy, integrity and legality, reliability and timeliness of the information provided to the Company in the context of these these GTC.

The Client acknowledges that the Company may not be held liable in the event that in the event that the information transmitted does not prove to be free of rights or infringes the rights of a the rights of a third party. The Client guarantees the Company in this respect to take responsibility for any condemnation, costs and fees charged or borne by the Company to defend itself as a result of the Client's failure to of the Client.

The Customer agrees that he/she will use the Site only for his/her personal use, in accordance with these GTC. In this respect, the Customer agrees to refrain from :

Use the Site in any manner that is unlawful, for any purpose that is unlawful, or in any manner that is inconsistent with these Terms and Conditions;
Sell, copy, reproduce, rent, lease, loan, distribute, transfer or sublicense all or part of the content on the Site or decompile, reverse engineer, disassemble, modify, display in human-readable form, attempt to discover any source code or use any software any software enabling or comprising all or part of the Site;
Attempting to gain unauthorized access to the Site's computer system or engaging in any activity that disrupts, diminishes the quality of or interferes with the performance or deteriorates the functionality of the Site;
Misuse of the Site by deliberately introducing viruses or other malicious programs and attempting to gain unauthorised access to the Site;
Infringe the Company's intellectual property rights and/or resell or attempt to resell the Products to third parties;
To denigrate the Site, the Products and the Company on social networks and any other means of communication.

The Customer undertakes to respect the laws and regulations in force and not to infringe the rights of third parties or public order. rights of third parties or public order.

Accordingly, the Client assumes full responsibility for the accuracy, integrity and legality, reliability and timeliness of the information provided to the Company in the context of these these GTC.

If, for any reason, the Company considers that the Client is in breach of these T&Cs, the Company Company may at any time, and at its sole discretion, terminate the Client's access to the Site and take any and take all measures, including civil and criminal legal action, against the Client.

ARTICLE 11: DUTY TO INFORM OF THE PARTIES

The Parties undertake always to behave towards each other as serious partners, and in good faith and in particular to report without delay any difficulty they may encounter in the context within the framework of these GTC.

Under these conditions, the Company undertakes to respond without delay to any request for information from the Client.

The Client undertakes, throughout the duration of these GTC, to regularly inform the Company of any information that may contribute to the proper fulfilment of the purpose of the GTCs and of which it may become aware during the execution of the same. The information communicated by the Client to the Company must be accurate, exhaustive and up-to-date.

ARTICLE 12: LIABILITY

The Company shall take all appropriate measures to ensure that the Client is supplied with quality Products under optimum conditions. conditions, of quality Products. However, the Company shall not be held liable under any circumstances for for any non-performance or poor performance of all or part of the services provided for in the contract, which is attributable either to the Client, or to the unforeseeable and insurmountable act of a third party outside the contract, or to a case of force majeure. More generally, if the Company's liability is engaged it may not under any circumstances agree to compensate the Client for indirect damage or damage whose existence and/or the existence and/or quantum of which are not established by evidence.

The Site may contain links to other sites not edited or controlled by the Company, which shall not be held be held responsible for the operation, content or any element present or obtained through these sites. through these sites.

The provision of such links or reference to any information, articles or products provided by a third party cannot and should not be construed as an express or implied endorsement by the Company of any such information, articles or products. third party, cannot and must not be interpreted as an express or tacit endorsement by the Company of these sites and of such sites and materials or their contents.

The Company is not responsible for the availability of such websites and cannot control the content of such websites or endorse the advertising, products and other information on such websites.

It is expressly stipulated that the Company cannot be held responsible in any way whatsoever for the in any way whatsoever, in the event that the Clients' computer equipment or electronic mail rejects, for example due to an anti-spam system, the electronic mail sent by the Company, and in particular including, but not limited to, the copy of the payment receipt, the summary of the Order and the the Order and the shipment follow-up e-mail.

The Company shall not be held liable, either to the Client or to third parties, for indirect or immaterial damage, as defined by or immaterial damage, as defined by the case law and the French courts. The following constitute indirect and/or immaterial damage indirect and/or immaterial damage: loss of profit, increase in overheads, loss of profit or clientele, any loss of profit or clientele, any operating loss, loss of profit or financial loss resulting from these GTC.

The Client is fully aware of the provisions of this article and in particular of the aforementioned guarantees and and limitations of liability, without which the Company would never have contracted. contracted.

ARTICLE 13: INTELLECTUAL PROPERTY

All the elements of the Site and the Site itself are protected by copyright, trademark law, designs and/or any other intellectual property rights. and models and/or all other intellectual property rights. These elements are the exclusive property of the Company. All these rights are reserved for the whole world.

The name, logos, designs, stylized letters, figurative marks, and all signs represented on the Site are and will remain the exclusive property of the Company.

No title or right of any kind in any material or software shall be obtained by downloading or copying elements of the Site. The Customer is expressly prohibited from reproducing (other than for personal, non-commercial use) personal and non-commercial use), publish, edit, transmit, distribute, display, remove, delete, to the Site and the elements and software contained therein, nor to modify them or carry out any work nor sell or participate in any sale in connection with the Site, the materials on the Site or any the Site, the materials on the Site or any software related to the Site.

The Company grants the Client a non-exclusive licence to use the Site. This licence is strictly personal and may not personal and may not be assigned or transferred to any third party whatsoever. The licence is granted for the duration of the use of the Site.

Any use by the Client of the corporate names, trademarks and distinctive signs belonging to the Company is strictly prohibited unless the latter has given its express prior consent.

ARTICLE 14: PERSONAL DATA

The Company undertakes to comply with the applicable regulations on the protection of personal data, and in particular and in particular the obligations arising from the European regulation n° 2016/679 on the protection of personal data (RGPD).

When connecting for the first time, the Customer expressly consents to the processing of his/her personal data personal data within the limits of what is strictly necessary for the proper functioning of the Site and the and the placing of Orders.

The personal information collected in the context of these GTC is mandatory. This information is necessary for the processing and supply of the Products.

The Client acknowledges and agrees that personal data may be transferred or stored outside the country where the outside the country where the Company and/or the Authorised Clients are located, for the purpose of performing the services under these T&Cs.

For Customers located in the European Economic Area ("EEA"), the Customer acknowledges and agrees that agrees that personal data may be transferred or stored outside the EEA for the purpose of performing for the purpose of performing the services under these T&Cs.

The Company will implement all the technical and organisational measures necessary to respect protection of personal data. The Company undertakes to limit the amount of personal data personal data processed from the outset.

The Client must ensure that it has the right to transfer the relevant personal data so that the Company can lawfully use, process and transfer such data on its behalf in accordance with the law. Company can lawfully use, process and transfer such data on its behalf in accordance with the the GTC.

The Customer shall ensure that the relevant third parties have been informed of such use, processing and transfer, and have given their consent, as required by all applicable data protection laws. transfer, and that they have consented to such use, processing and transfer, as required by all applicable data data protection legislation.

The Company collects personal data only in accordance with the terms of these T&Cs and any reasonable and legal instructions given by the Client at any time.

When the Company notes a violation of rights in the context of the processing of personal data, this violation will be notified to the CNIL within a period of no more than seventy-two (72) hours after becoming aware of it.

The Customer will be notified by e-mail of any breach in the processing of the Customer's personal data within one (1) month.

Each Party shall take appropriate technical and organisational measures to prevent the unauthorised or unlawful processing unauthorised or unlawful processing of personal data or their accidental loss, destruction or or accidental loss, destruction or damage.

Use and transmission of Personal Data

In order to ensure the functioning of the Site, the Company must carry out the necessary processing of personal data. personal data. The processed data are directly transmitted in the following ways and for the following purposes purposes:

Satisfaction survey ;
Site traffic statistics ;
Features offered by the Site;
Informing Customers with their consent about the Products through targeted marketing and/or promotional offers;
Resolution of any disputes ;
Prevent, detect and investigate all potentially prohibited and illegal activities;
To meet its legal and regulatory obligations;

The personal data collected for this purpose must be provided in order to confirm and validate the Account. Otherwise, no Order may be placed by the Customer via the Site.

The Company may also use this data to process the Client's requests and to to reinforce and personalise its communication, in particular through information letters/emails, and and finally to personalise the Site according to the preferences of the Clients. The The Company may also provide its partners with consolidated and anonymised statistics relating to the These statistics do not contain any personal data.

This data may be transmitted to technical service providers for the sole purpose of the proper execution of the execution of the Services. The Client accepts that the Company may share information about him/her in order to facilitate the use of the Site.

The personal data provided by the Customer will be destroyed no later than six (6) months after the deletion of the deletion of the Account. The Company reserves the right to retain certain data in order to justify, if necessary, the perfect execution of its contractual or legal obligations. The data thus retained will be limited to what is strictly necessary.

Rights of access, modification, opposition, portability and deletion

In all cases, the Customer has the right to access, modify, oppose, portability and delete his personal data by personal data by writing to the contact form available on the Site in the "Contact" section on the Site in the "Contact" section, indicating his surname, first name, e-mail and address.

In accordance with the regulations in force, all requests must be signed and accompanied by a photocopy of an identity document bearing the Customer's signature and specify the address to which the reply should be sent. the reply. A reply will then be sent within two (2) months of receipt of the request. request.

The Customer will be able to retrieve his personal data in an open and readable format. The right to portability is limited to the data provided by the Customer concerned. It applies on the basis of the prior consent of the Client. The Company undertakes to transfer, upon request, within one (1) month, any document collecting personal data to the Client in order to be able to implement the right to right to portability. The costs associated with the recovery of the data shall be borne by the Client making the request.

ARTICLE 15: COOKIES AND STATISTICAL TOOLS

In accordance with the CNIL deliberation n° 2013-378 of 5 December 2013, the Company informs, moreover that cookies record certain information that is stored in the memory of their hard disk. memory of their hard disk. This information is used to generate Website audience statistics and to propose Products according to the Products they have already selected during their previous visits. A alert message, in the form of a banner, asks each person visiting the Site, beforehand, if they to accept cookies. These cookies do not contain any confidential information about users of the Site. The Customer visiting the home page or another page of the Site directly from a search engine will be informed search engine will be informed:

the specific purposes of the cookies used;
the possibility to oppose these cookies and to change the settings by clicking on a link in the banner;
and that the continuation of its navigation implies agreement to the deposit of cookies on its terminal.

In order to guarantee the free, informed and unequivocal consent of the Customer visiting the Site, the banner will not disappear until the Customer has continued to browse.

Unless the Customer gives his prior consent, cookies will not be deposited or read:

if any person goes to the Site (home page or directly to another page of the Site from a search engine for example) and does not from a search engine, for example) and does not continue browsing: a simple absence of action action cannot be considered as a manifestation of will;
or if he clicks on the link in the banner allowing him to set the parameters of the cookies and, if necessary, refuse the deposit of cookies.

ARTICLE 16: NEWSLETTER

When the Client ticks the box provided for this purpose in the registration process on the Site to place the Order, he/she agrees to receive commercial offers from the Company for similar Products. the Order, they agree to receive commercial offers from the Company for Products similar to those to those ordered.

Customers will be able to unsubscribe from the newsletter by clicking on the link provided for this purpose in each newsletter.

ARTICLE 17: SECURITY

The Customer undertakes not to undermine the security of the Site. To this end, he undertakes not to proceed any fraudulent access and/or maintenance in the Site's information system. The Customer may not damage or hinder the Site's information system. Failing this, the Company may take any measure against the Client any measure against it and in particular engage its criminal liability under Articles 323-1 et seq. of the Criminal Code.

ARTICLE 18: EVIDENTIARY AGREEMENT

In accordance with Law No. 2000-230 of 13 March 2000 adapting the law of evidence to information technologies and relating to the electronic signature, the Customer's "double click" made by the technologies and relating to electronic signatures, the Customer's "double click" on acceptance of these acceptance of these GTC, but also for the Order, constitutes an electronic signature which has the electronic signature which has the same value as a handwritten signature between the Parties.

The computerised registers kept in the Company's computer systems will be kept in reasonable security under reasonable security conditions and shall be considered as proof of the communications, Orders and payments Orders and payments made between the Parties.

Orders and invoices are archived on a reliable and durable medium that can be produced as proof.

ARTICLE 19: TECHNICAL PROVISIONS

The services related to the use of the Site are provided as is and to the extent available. The Company does not guarantee an error-free, uninterrupted and secure supply of the Site. It is not bound by any obligation to provide personalised assistance, particularly technical assistance. It declines all implicit guarantee, in particular concerning the quality and compatibility of the Site for the use which will be made of it.

Nor does the Company guarantee that the files transmitted by the Clients will not be subject to unauthorised unauthorised third parties, nor can it be corrupted or downloaded, nor does it guarantee that the information and data circulating on the Internet are protected against such attacks or possible misappropriation.

ARTICLE 20: FORCE MAJEURE

Any event beyond the control of the Company and against which it could not reasonably be expected to protect itself constitutes a case of force majeure and as such suspends the obligations of the Parties, such as but not limited to such as, but not limited to, a strike or technical breakdown (edf, erdf, telecommunications operators, internet telecommunications operators, Internet access or hosting providers, Registrars, etc.), a stoppage of supply (such as electricity), a failure of the electronic communication network on which the Company depends on which the Company depends and/or the networks that would replace it.

The Company shall not be held responsible, or considered to have failed in its obligations under these in these GTC, for any non-performance linked to a case of force majeure as defined by French law and jurisprudence, provided that French case law, provided that it notifies the other Party on the one hand, and that it does its utmost to to minimise the damage and to perform its obligations as soon as possible after the cessation of the case of force majeure on the other hand.

ARTICLE 21: COMPLETENESS

The provisions of these GTCs express the entire agreement between the Clients and the Company. They prevail over any proposal, exchange of letters prior and subsequent to the conclusion the conclusion of these GTCs, as well as any other provision appearing in the documents exchanged between the between the Parties and relating to the subject matter of the GTCs, unless an amendment is duly signed by the representatives of both Parties.

ARTICLE 22: NON-WAIVER

The fact that one of the Parties to these GTCs does not require the application of any clause, be it permanent or temporary, shall in no way be considered as a waiver of the rights of this Party waiver of that Party's rights under that clause.

ARTICLE 23: INVALIDITY

If one or more provisions of these GTC are held to be invalid or declared as such in application invalid or declared as such by law, regulation or a final decision of a competent court, the remaining court, the other provisions of these GTC shall remain in full force and effect. force and scope.

If necessary, the Company undertakes to immediately remove and replace the said clause with a legally valid clause. valid clause.

ARTICLE 24: SECURITIES

In case of difficulty of interpretation between the title and chapter of any of the articles and any of the clauses, the titles shall be deemed not to be written.

ARTICLE 25: APPLICABLE LAW AND SETTLEMENT OF DISPUTES

These GTC shall be governed by and construed in accordance with French law, without regard to the principles of conflict of laws.

The Parties agree to submit to each other, in the event of a dispute that may arise in connection with the interpretation and/or execution of these terms and conditions or in relation to the Site and/or any purchase and/or attempt to purchase through it, to a conventional mediation procedure or any other alternative alternative means of settling their disputes.

In accordance with Article L. 612-1 of the Consumer Code, within one year of the of his written complaint, the consumer, subject to Article L.152-2 of the subject to Article L.152-2 of the Consumer Code, has the right to to introduce a request for amicable resolution by way of mediation, with :
SAS Médiation Solution
222 chemin de la bergerie
01800 Saint Jean de Niost
site: https://www.sasmediationsolution-conso.fr
email: contact@sasmediationsolution-conso.fr

Any dispute that could not be resolved amicably by the Parties regarding the interpretation, execution and termination of these and termination of these GTC, shall be submitted by either Party to the jurisdiction of the courts courts of the jurisdiction of the Company's registered office.