Terms of service

General conditions of use of the website https://www.foils-shop.com/

applicable from 09/04/2021

ARTICLE 1. PARTIES

The present general terms and conditions are applicable between CMC2 , SAS, share capital : 1000 €, registered at the RCS of Saintes in France on 07/09/2018, under the number 878524958, registered office : Terre Plein de Foncillon, France, phone : +33644286277, email : hello@ocean-essentials.com, intra-community VAT number : FR04842172298, hereinafter " the Publisher " and any person, natural or legal, of private or public law, registered on the Website to purchase a Product, hereinafter " 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 "Publisher": CMC2 , SAS in its capacity as publisher of the Website.

"Internet User": any person, natural or legal, private or public, connecting to the Website.

"Product": goods of any kind sold on the Site by the Publisher to Customers.

"Site" : website accessible at the URL https://www.foils-shop.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 and complete acceptance of these general conditions. When registering on the Site, this acceptance will be confirmed by checking the corresponding box.

The Internet user 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. CUSTOMER SERVICE

The customer service of the Site is accessible from Monday to Sunday from 8:00 am to 7:00 pm at the following phone number: 33644286277, by e-mail at: hello@ocean-essentials.com or by mail at the address indicated in article 1 of the present general conditions. In the latter two cases, the Publisher undertakes to provide an answer within 72 working days.

ARTICLE 6. PERSONAL SPACE

6.1. 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.

6.2. 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.

6.3. Deletion of the personal space

The Publisher reserves the right to delete the account of any Customer who contravenes 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 7. PERSONAL DATA

In the course of its services, the Publisher will have to process personal data of its Customers.

7.1 Identity of the data controller

The person in charge of the collection and processing of data on the Site is the Publisher.

7.2 Identity of the Data Protection Officer

The Data Protection Officer is: Etienne Deshoulières, 121 boulevard de Sébastopol 75002 Paris, contact@deshoulieres-avocats.com, 01 77 62 82 03, www.deshoulieres-avocats.com" always taking care to create a hypertext link on the URL of our site

7.3. Collected data

7.3.1. Data collected from customers

Within the framework of its contractual relations, the Editor can be brought to collect and treat information of its Customers, namely: Email, Name and surname, Telephone, Address, state, province, postal code, city.

7.3.2. Purposes of the collection of personal data

The data collected during the contractual relationship is subject to automated processing for the purpose of

to execute the contractual commitments;

contact the Customers;

avoid any illicit or illegal activity;

enforce the general conditions;

to initiate legal proceedings;

verify the identity of Customers;

7.3.3. Legal basis for processing

The legal basis for the data collected is a contractual relationship.

7.3.4. Recipients of the data

The data collected is 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.

7.3.5. 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.

7.3.6. 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.

7.3.7. 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.

7.4. 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.

7.4.1. 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.

7.4.2. 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.

7.4.3. 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.

7.4.4. Right to data portability

The Publisher's Customers have the right to receive the personal data they have provided to the Publisher in a transferable, open and readable format.

7.4.5. Right to 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.

7.4.6. 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.

7.4.7. 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.

7.5. Transfer of collected data

7.5.1. Transfer to partners

The Publisher uses authorized service providers to facilitate the collection and processing of its Customers' data. These 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:

Partner

Quality

Country of destination

Processing performed

Guarantees

Facebook Ads manager

Subcontractor and Co-contractor

USA (Privacy Shield)

Carrying out operations related to prospecting.

https://www.facebook.com/policy.php

Facebook Analytics

Subcontractor and Co-contractor

USA (Privacy Shield)

Elaboration of commercial statistics in order to generate reports on the interactions of Internet users.

https://www.facebook.com/policy.php

Google Analytics

Subcontractor and Co-contractor

USA (Privacy Shield)

Elaboration of commercial statistics in order to generate reports on the interactions of Internet users.

https://policies.google.com/privacy

Google Adwords

Subcontractor and Co-contractor

USA (Privacy Shield)

Carrying out operations relating to prospecting.

https://policies.google.com/privacy

Facebook

Co-processor

USA (Privacy Shield)

Management of people's opinions on products, services or contents.

https://www.facebook.com/policy.php

Youtube

Co-contractor

USA (Privacy Shield)

Hosting of videos.

https://policies.google.com/privacy?hl=fr&gl=fr

7.5.2. 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.

7.5.3. 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 the operation of the personal data processing described in these Terms of Service by that company in place of the Publisher.

ARTICLE 8. INTELLECTUAL PROPERTY

8.1. 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.

8.2. 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.

8.3. Protection of the general conditions

The general terms and conditions of the Site, drafted by the law firm Deshoulières Avocats Associés (www.deshoulieres-avocats.com), are protected by commercial law. Any reproduction, in whole or in part, made without the consent of Deshoulières Avocats Associés may give rise to legal proceedings for parasitism.

ARTICLE 9. FINAL STIPULATIONS

9.1. Applicable law

The present general conditions are subject to the application of French law.

9.2 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, if applicable.

9.3. Litigation

In accordance with the order n°2015-1033 of August 20, 2015, all disputes which could arise within the framework of the execution of the present general terms and conditions and whose solution could not be found beforehand amicably between the parties will have to 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.

9.4. Entire

The nullity of one of the clauses of this contract shall not entail the nullity of the other clauses of the contract or of the contract as a whole, which shall retain 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.

9.5. Non-waiver

The Publisher's failure to exercise its rights hereunder shall in no event be construed as a waiver of such rights.

9.6. 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/.

9.7. Languages of the present general conditions

The present general conditions are proposed in French.

9.8. 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.