Conditions générales de vente
General conditions of sale of the website www.BotanicalObsession.com
applicable as from 04/04/2021
ARTICLE 1. PARTIES
The present general conditions are applicable between BotanicalObsession Auto-entrepreneur, registered at the RCS of Chambéry in France, under the number 849.275.037.00018, head office : 131 Rue Costa de Beauregard, France, telephone : +33689510846, email : email@example.com, VAT not applicable, article 293B of the CGI, hereafter " the Publisher " and any person, natural or legal, of private or public law, registered on the Site to purchase a Product, hereafter " the Customer ".
ARTICLE 2. DEFINITIONS
"Customer": any individual or legal entity, under private or public law, registered on the Site.
"Site Content": 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": BotanicalObsession, Auto-entrepreneur in its capacity as editor of the Site.
"Internet user": any person, natural or legal, private or public, connecting to the Site.
"Product": goods of any kind sold on the Site by the Publisher to Customers.
"Site" : website accessible at the URL www.BotanicalObsession.com, as well as sub-sites, mirror sites, portals and variations of URLs related to it.
ARTICLE 3. SCOPE OF APPLICATION
The Site is freely accessible to all Internet users. Browsing the Site implies 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 entail full acceptance of these general conditions. When registering on the Site, this acceptance will be confirmed by checking the corresponding box.
The Internet user acknowledges having fully understood and accepted them without restriction.
Checking the above-mentioned box shall be deemed to have the same value as a handwritten signature by the Internet User. The Internet user recognizes the value of proof of the automatic recording systems of the Publisher and, unless he/she can prove otherwise, he/she renounces to contest them in case of litigation.
The present 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 terms and conditions assumes that Internet users have the legal capacity to do so, or failing that, that they have the authorization of a guardian or curator if they are incapable, of their legal representative if they are minors, or that they hold a mandate if they are acting on behalf of a legal entity.
ARTICLE 4. PURPOSE OF THE SITE
The purpose of the Site is to sell Products to Customers.
ARTICLE 5. ORDERING PROCESS
In order to place an order, Internet users can select one or more Products and add them to their shopping cart. The availability of Products is indicated on the Site, in the description of each item. When their order is complete, they can access their basket by clicking on the button provided for this purpose.
5.2. Validation of the order by the Internet user
When consulting their basket, Internet users will be able to check the number and nature of the Products they have chosen and will be able to check their unit price as well as their total price. They will be able to remove one or more Products from their basket.
If they are satisfied with their order, they can validate it. They will then access a form on which they can either enter their connection identifiers if they already have them, or register on the Site by completing the registration form with their personal information.
5.3. Payment by the Customer
Once they are connected or after they have fully completed the registration form, Customers will be invited to check or modify their delivery and billing details, and will then be invited to make their payment by being redirected to the secure payment interface with the mention "order with payment obligation" or any similar formula.
5.4. Confirmation of the order by the Publisher
Once the payment has been received by the Publisher, the Publisher will acknowledge receipt of the payment to the Customer electronically, within a maximum of 24 hours. Within the same period of time, the Publisher undertakes to send the Customer a summary e-mail of the order and confirming its processing, including all related information.
ARTICLE 6. PRICE - PAYMENT
The applicable prices are those displayed on the Site on the day of the order. These prices can be modified at any time by the Publisher. The prices displayed are only valid on the day of the order and are not effective for the future.
The prices indicated on the Site are in euros, all taxes included, excluding delivery charges.
6.2. Method of payment
The Customer can pay by Paypal, Stripe. Payments by credit card are made through secure transactions provided by Société Générale, BNP Paribas, La Banque Postale, HSBC, LCL.
Within the framework of the payments by bank card, the Editor has access to no data relating to the means of payment of the Customer. The payment is made directly to the bank.
In case of payment by money order, check or bank transfer, the delivery time starts to run only from the date the payment is cashed by the Publisher.
The Publisher will send or make available to the Customer an electronic invoice after each payment. The Customer expressly agrees to receive electronic invoices.
6.4. Default of payment
Agreed payment dates may not be delayed under any pretext whatsoever, including in case of dispute.
Any sum not paid on the due date will give rise, automatically and without formal notice, to the application of late payment penalties calculated on the basis of a rate equal to 3 times the legal interest rate, without this penalty affecting the due date of the sums due in principal.
In addition, any delay in payment will result in the invoicing to the defaulting Customer of collection fees in the amount of 40 euros, the immediate payment of all sums remaining due 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 clause is in line with the provisions of Article 1152 of the Civil Code allowing the judge to reduce the compensation if the judge considers it excessive.
6.5. Reservation of ownership
The Products sold remain the property of the Publisher until full payment of their price, in accordance with the present retention of title clause.
ARTICLE 7. CUSTOMER SERVICE
The customer service of the Site is accessible from Monday to Friday from 09:00 to 15:00 at the following phone number : 0689510846, by e-mail at : info@BotanicalObsession.com or by mail at the address indicated in article 1 of the present general conditions. In these last two cases, the Editor undertakes to provide an answer within 72 working days.
ARTICLE 8. PERSONAL SPACE
8.1. Creation of the personal space
The creation of a personal space is an essential prerequisite to any order of 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 the personal space. The refusal by an Internet user to provide such information will prevent the creation of the personal space and, 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 space. The User is therefore forbidden to transmit or communicate it to a third party. Otherwise, the Editor cannot be held responsible for unauthorized access to the personal space of an Internet user.
The Customer agrees to regularly check the data concerning him and to proceed online, from his personal space, to the necessary updates and modifications.
8.2. Content of the personal space
The personal space allows the Customer to consult and follow all his orders made on the Site.
The pages relating to the personal space are freely printable by the holder of the account in question, but do not constitute evidence admissible by a court of law. They have only an informative character intended to ensure an effective management of its orders by the Customer.
The Publisher undertakes to keep in a secure manner all contractual elements whose conservation is required by the law or the regulation in force.
8.3. Deletion of the personal space
The Publisher reserves the right to delete the account of any Customer who violates these terms and conditions, in particular when the Customer provides inaccurate, incomplete, misleading or fraudulent information, as well as when the personal space of a Customer has remained inactive for at least one year. The said deletion will not constitute a fault of the Publisher or a damage for 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 undertake legal proceedings against the Customer, when the facts justify it.
ARTICLE 9. PERSONAL DATA
Within the framework of its services, the Publisher will have to process personal data of its Customers.
9.1 Identity of the data controller
The person in charge of the collection and processing of data on the Site is the Editor.
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 taking care to create a hypertext link on the URL of our site
9.3. Collected data
9.3.1. Data collected from customers
In the course of its contractual relations, the Publisher may collect and process information from its Customers, namely : To be completed [collectInfo].
9.3.2. Data collected from customers
The data collected during the contractual relationship is subject to automated processing for the purpose of :
Initiate legal proceedings;
Verify the identity of Customers;
9.3.3. Legal basis for processing
The legal basis for the data collected is the contractual relationship.
9.3.4. Recipients of the data
The data collected are only available to the Publisher within the limits strictly necessary for the execution of the contractual commitments.
This data, whether in individual or aggregated form, is never made freely viewable by a third party.
9.3.5. Duration of storage of personal data
The personal data collected are kept for the duration of the contractual relationship, and for the time during which the Editor's responsibility may be engaged.
After the retention period, the Editor undertakes to permanently delete the data of the persons concerned without keeping a copy.
9.3.6. Security and confidentiality of personal data
Personal data are kept in secure conditions, according to the 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 secured.
9.3.7. Data minimization
The Publisher may also collect and process any data voluntarily submitted by its Customers.
The Publisher directs its Customers to provide personal data that is strictly necessary for the performance of its contractual obligations.
The Publisher undertakes to keep and process only the data strictly necessary for its business activities, and will delete any data received that is not useful to its business as soon as possible.
9.4. Respect of rights
The Publisher's Customers have the following rights regarding their personal data, which they may exercise by writing to the Publisher's postal address or by filling in the online contact form.
9.4.1. Right to information, access and communication of data
The Publisher's Customers have the right to access their personal data.
Because of the security and confidentiality obligations in the processing of personal data that are incumbent on the Publisher, requests will only be processed if Customers provide proof of their identity, in particular by producing a scan of their valid identity document (in the case of a request via the dedicated electronic form) or a signed photocopy of their valid identity document (in the case of a written request), both accompanied by the words "I certify on my honor that the copy of this identity document is in conformity with the original. Done at ... on ...", followed by their signature.
To help them in their approach, Customers will find here a model letter prepared by the CNIL.
9.4.2. Right to rectify, delete and forget data
The Editor's Customers have the possibility to ask for the rectification, the update, the blocking or the deletion of their personal data which may be inaccurate, erroneous, incomplete or obsolete.
The Publisher's Customers may also define general and specific directives concerning the fate of their personal data after their death. Where applicable, the heirs of a deceased person may require that the death of their loved one be taken into consideration and/or that the necessary updates be made.
To assist them in their request, Customers will find here a model letter prepared by the CNIL.
9.4.3. Right to object to data processing
The Editor's Customers have the possibility to oppose to the processing of their personal data.
To help them in their approach, the Customers will find here a model of letter elaborated by the Cnil.
9.4.4. Right to data portability
The Publisher's Customers have the right to receive the personal data they have provided to the Publisher in a transferable, open and readable format.
9.4.5. Right to limit processing
The Publisher's Customers have the right to request that the processing of their personal data by the Publisher be limited. Thus, their data will only be retained and not used by the Publisher.
9.4.6. Response time
The Editor undertakes to answer any request for access, rectification or opposition or any other additional request for information within a reasonable time that cannot exceed 1 month from the receipt of the request.
9.4.7. Complaint to the competent authority
If the Publisher's Customers consider that the Publisher is not complying with its obligations with respect to their personal data, they may file a complaint or a request with the competent authority. In France, the competent authority is the Cnil to which they can address a request here.
9.5. Transfer of collected data
9.5.1. Transfer to partners
The Publisher uses authorized service providers to facilitate the collection and processing of its Customers' data. These service providers may be located outside the European Union.
The Editor has previously ensured that its service providers have implemented adequate safeguards and comply with strict conditions regarding confidentiality, use and protection of data, for example via the US Privacy Shield.
The Publisher uses the following subcontractors:
To be completed [partnerTable]
9.5.2. Transfer upon request or court order
Customers also agree that the Publisher may disclose the collected data to any person upon request of a state authority or court order.
9.5.3. Transfer in connection with a merger or acquisition
If the Publisher is involved in a merger, sale of assets, financing, liquidation or bankruptcy or in an acquisition of all or part of its business by another company, Customers consent to the transfer of the collected data by the Publisher to that company and to that company carrying out the personal data processing referred to in these Terms of Service in place of the Publisher.
ARTICLE 10. RESPONSIBILITY OF THE PUBLISHER
10.1. Nature of the Publisher's obligations
The Publisher undertakes to take all necessary care and diligence to provide Products of the quality specified in these Terms and Conditions. The Publisher is only responsible for a best-efforts obligation concerning the services covered by these Terms and Conditions.
10.2. Force majeure - Customer's fault
The Publisher shall not be liable in case of force majeure or Customer's fault, as defined in this article:
10.2.1. Force majeure
For the purposes of these general terms and conditions, any impediment, limitation or disruption of the Service due to fire, epidemic, explosion, earthquake, fluctuations in bandwidth, failure attributable to the access provider, failure of transmission networks, collapse of facilities, etc., will be considered as a case of force majeure that can be invoked against the Customer, unlawful or fraudulent use of passwords, codes, or credentials provided to Customer, hacking, security breach by Site host or developers, flood, power failure, war, embargo, law, injunction, demand 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 excused from performing its obligations to the extent of such impediment, limitation or disruption.
10.2.2. Customer's fault
For the purposes of these General Terms and Conditions, any misuse of the Service, fault, negligence, omission or failure on the part of the Customer or its employees, failure to follow the advice given by the Publisher on its Website, any disclosure or unlawful use of the Customer's password, codes and references, as well as the provision of erroneous information or failure to update such information in the Customer's personal space, will be considered a fault of the Customer. The implementation of any technical process, such as robots or automatic requests, whose implementation would contravene the letter or the spirit of these general terms of sale, will also be considered as a fault of the Customer.
10.3 Technical problems - Hypertext links
In case of impossibility of access to the Site, due to technical problems of any kind, the Customer will not be able to claim any damage and will not be able to claim any compensation. The unavailability, even prolonged and without any limitative duration, of one or more online services, cannot be constitutive of a prejudice for the Customers and cannot in any way give rise to the granting of damages on behalf of the Editor.
The hypertext links present on the Site may refer to other websites. The responsibility of the Editor could not be committed if the contents of these sites contravene the legislations in force. In the same way the responsibility of the Editor could not be committed if the visit, by the Internet user, of one of these sites, would cause him a damage.
In the current state of the technique, the rendering of the representations of the Products offered with the sale on this Site, in particular in terms of colors or forms, can appreciably vary from a data-processing station to another or differ from reality according to the quality of the graphic accessories and the screen or according to the resolution of the posting. These variations and differences cannot in any case be attributed to the Publisher who cannot be held responsible for them.
10.4. Damages to be paid by the Publisher
In the absence of legal or regulatory provisions to the contrary, the Publisher's liability is limited to the direct, personal and certain damage suffered by the Customer and related to the failure in question. The Editor cannot be held responsible for indirect damages such as, in particular, loss of data, commercial prejudices, loss of orders, damage to the brand image, commercial troubles and loss of profits or customers. In the same way and within the same limits, the amount of the damages for which the Publisher is responsible cannot exceed the price of the Product ordered.
10.5. Hypertext links and Site content
The Contents of the Site are published as an indication, without guarantee of exactitude. The Publisher can in no way be held responsible for any omission, inaccuracy or error contained in this information and which would be the cause of a direct or indirect damage caused to the Internet User.
ARTICLE 11. INTELLECTUAL PROPERTY
11.1. Legal protection of the Contents of the Site
The Contents of the Site are likely to be protected by the copyright and the right of the data bases. Any representation, reproduction, translation, adaptation or transformation, in whole or in part, carried out illegally and without the consent of the Publisher or its successors or assigns constitutes a violation of Books I and III of the Intellectual Property Code and may give rise to legal proceedings for infringement.
11.2. Contractual protection of the Site's Content
The Internet user contractually commits to the Editor not to use, reproduce or represent, in any way whatsoever, the Contents of the Site, whether or not they are protected by an intellectual property right, for any other purpose than 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.
ARTICLE 12. FINAL PROVISIONS
12.1. Applicable law
The present general conditions are subject to the application of French law.
12.2 Modifications of the present general conditions
The present general conditions can be modified at any time by the Publisher. The general terms and conditions applicable to the Customer are those in force on the day of the Customer's order or connection to the present Site, any new connection to the personal space implying acceptance of the new general terms and conditions.
In accordance with the order n°2015-1033 of August 20, 2015, all disputes that could arise in the context of the execution of these general conditions and whose solution could not be found beforehand amicably between the parties shall 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 arising out of or in connection with this Agreement shall be settled by arbitration in accordance with the rules of the Digital Institute of Arbitration and Mediation: 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 keep their full effect and scope. In such a case, the parties shall, to the extent possible, replace the invalidated provision with a valid provision corresponding to the spirit and purpose of this Agreement.
The Publisher's failure to exercise its rights hereunder shall not be construed as a waiver of such rights.
12.6. Telephone solicitation
The Customer is informed that he has the possibility of registering on the opposition list to telephone canvassing at the address http://www.bloctel.gouv.fr/.
12.7. Languages of the present general conditions
The present general conditions are proposed in English
12.8. Abusive clauses
The stipulations of the present 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.