Terms of Use
General Terms of Use for the website snkrsnotifications.fr
Effective as of 21/01/2022
ARTICLE 1. PARTIES
These general terms apply between Snkrs notifications, a self-employed individual, registered office: Avenue des romains, 74000 Annecy, FR, email: zaizcorp@yahoo.com, VAT not applicable under article 293B of the CGI, hereinafter referred to as the “Publisher,” and any person, individual or legal entity, private or public, registered on the Site to purchase a Product, hereinafter referred to as the “Client.”
ARTICLE 2. DEFINITIONS
- "Client": any individual or legal entity, private or public, registered on the Site.
- "Site Content": any type of element published on the Site, protected or not by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases, or software.
- "Publisher": Snkrs notifications, a self-employed individual acting as the publisher of the Site.
- "User": any individual or legal entity, private or public, connecting to the Site.
- "Product": any good sold on the Site by the Publisher to Clients.
- "Site": the website accessible at the URL snkrsnotifications.fr, as well as any sub-sites, mirror sites, portals, and related URL variations.
ARTICLE 3. SCOPE OF APPLICATION
The Site is freely accessible to any User. Browsing the Site implies acceptance of these terms by any User. Simple connection to the Site by any means, including through a robot or a browser, constitutes full acceptance of these terms. Upon registration on the Site, this acceptance is confirmed by checking the corresponding box.
The User acknowledges having read and accepted these terms without restriction. Checking the box mentioned above will be deemed to have the same value as a handwritten signature from the User. The User acknowledges the evidentiary value of the Publisher’s automatic registration systems and, unless proven otherwise, waives the right to dispute them in case of a dispute.
These general terms apply to relations between the parties, to the exclusion of all other conditions, including those of the User.
Acceptance of these terms implies that the User has the legal capacity to do so, or if not, that they have the authorization of a guardian or legal representative if they are minors or incapable, or that they hold a mandate if acting on behalf of a legal entity.
ARTICLE 4. PURPOSE OF THE SITE
The Site is intended for the sale of Products to Clients.
ARTICLE 5. CUSTOMER SERVICE
The customer service for the Site is accessible through the contact page of the website: www.swavekiqs.com or via email at zaizcorp@yahoo.com or by postal mail to the address specified in Article 1 of these terms.
ARTICLE 6. PERSONAL ACCOUNT
6.1. Creation of Personal Account
Creating a personal account is a prerequisite for any order placed by a User on the Site. To this end, the User will be asked to provide certain personal information, some of which is mandatory for creating the personal account. Refusing to provide this information will prevent the creation of a personal account and thus the validation of the order.
Upon creating the personal account, the User is invited to choose a password. This password ensures the confidentiality of the information contained in the personal account. The User agrees not to share or disclose this password to third parties. Otherwise, the Publisher cannot be held responsible for unauthorized access to the User’s personal account.
The Client commits to regularly verifying the information concerning them and to making any necessary updates or changes through their personal account.
6.2. Content of the Personal Account
The personal account allows the Client to consult and track all their orders placed on the Site.
The pages related to personal accounts can be freely printed by the account holder but do not constitute admissible proof in court. They are intended solely for informational purposes to assist the Client in managing their orders efficiently.
The Publisher agrees to securely store all contractual elements required by law or regulation.
6.3. Deletion of the Personal Account
The Publisher reserves the right to delete the account of any Client who violates these general terms, particularly if the Client provides false, incomplete, misleading, or fraudulent information, or if the Client’s personal account has been inactive for at least one year. This deletion will not be considered a fault or harm to the excluded Client, who cannot claim any compensation.
This exclusion is without prejudice to the possibility for the Publisher to pursue legal action against the Client if warranted.
ARTICLE 7. PERSONAL DATA
7.1. Identity of the Data Controller
The data controller responsible for collecting and processing data on the Site is the Publisher.
7.2. Data Protection Officer
The Data Protection Officer is: [Details to be added if applicable].
7.3. Data Collected
7.3.1. Data Collected from Clients
In the context of contractual relations, the Publisher may collect and process the following information from its Clients: Email, First and Last Name, Phone Number, Address, State, Province, Postal Code, City, and Contract History.
7.3.2. Purpose of Personal Data Collection
The data collected during the contractual relationship is subject to automated processing for the following purposes:
- Fulfilling contractual obligations
- Contacting Clients
- Preventing illegal or unlawful activity
- Enforcing general terms
- Initiating legal proceedings
- Verifying the identity of Clients
7.3.3. Legal Basis for Processing
The legal basis for the processing of the data collected is the contractual relationship.
7.3.4. Recipients of the Data
The data collected is accessible only to the Publisher, within the strict limits necessary for fulfilling contractual obligations. This data, whether in individual or aggregated form, is never made freely viewable by a third party.
7.3.5. Retention Period for Personal Data
The personal data collected is retained for the duration of the contractual relationship and for as long as the Publisher may be held liable. After the retention period, the Publisher commits to permanently deleting the data of the concerned individuals without keeping a copy.
7.3.6. Security and Confidentiality of Personal Data
Personal data is stored in secure conditions, using current technology, and in compliance with the General Data Protection Regulation and applicable national laws. Access to the Publisher’s premises is also secured.
7.3.7. Minimization of Data
The Publisher may also collect and process any data voluntarily provided by Clients. The Publisher advises its Clients to provide only the personal data necessary for fulfilling contractual obligations. The Publisher commits to retaining and processing only the data necessary for its professional activities and will delete any unnecessary data as soon as possible.
7.4. Respect for Rights
Clients 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.
7.4.1. Right to Information, Access, and Communication of Data
Clients of the Publisher have the right to access the personal data concerning them. Due to the confidentiality and security obligations associated with processing personal data, requests will only be processed if Clients provide proof of identity, such as a scan of a valid ID (for requests made via the electronic form) or a signed photocopy of a valid ID (for requests made by mail), both accompanied by the statement “I certify that the copy of this ID is true to the original. Done at … on …,” followed by their signature.
To assist with their request, Clients can find a template letter provided by the CNIL.
7.4.2. Right to Rectification, Deletion, and Right to be Forgotten
Clients have the right to request the correction, updating, blocking, or deletion of their personal data if it is inaccurate, incorrect, incomplete, or outdated.
Clients can also define general and specific instructions regarding the fate of their personal data after their death. If applicable, the heirs of a deceased person can request the necessary updates.
7.4.3. Right to Object to Data Processing
Clients can object to the processing of their personal data for legitimate reasons.
7.4.4. Right to Data Portability
Clients have the right to receive the personal data they provided to the Publisher in a transferable, open, and readable format.
7.4.5. Right to Restrict Processing
Clients have the right to request that the processing of their personal data by the Publisher be limited, meaning their data will only be stored and no longer used.
7.4.6. Response Time
The Publisher commits to responding to any request for access, rectification, or objection, or any additional request for information within a reasonable time, not exceeding 1 month from receipt of the request.
7.4.7. Complaint to the Competent Authority
If Clients believe that the Publisher is not complying with its obligations concerning their personal data, they can file a complaint with the competent authority. In France, the competent authority is the CNIL, which can be contacted through their website.
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 Client data. These providers may be located outside the European Union.
The Publisher ensures that its providers implement adequate safeguards and comply with strict conditions of confidentiality, use, and protection of data, such as the US Privacy Shield.
7.5.2. Transfer by Court Order or Legal Request
Clients consent to the Publisher sharing their data with any person upon request from a state authority or court order.
7.5.3. Transfer in the Event of a Merger or Acquisition
If the Publisher is involved in a merger, asset sale, financing operation, liquidation, or bankruptcy, or in an acquisition of all or part of its business by another company, Clients consent to the data being transferred to this company, which will continue the personal data processing outlined in these Terms of Service in place of the Publisher.
ARTICLE 8. INTELLECTUAL PROPERTY
8.1. Legal Protection of Site Content
The content of the Site may be protected by intellectual property rights, including copyright and database rights. Any illegal reproduction, translation, adaptation, or transformation, in whole or in part, without the Publisher’s consent constitutes a violation of intellectual property laws and may result in legal proceedings for infringement.
8.2. Contractual Protection of Site Content
The User agrees not to use, reproduce, or represent the Site Content, whether protected by intellectual property rights or not, for any purpose other than viewing the Site through a browser. This restriction does not apply to indexing robots for the purpose of content indexing.
ARTICLE 9. FINAL PROVISIONS
9.1. Applicable Law
These general terms are governed by French law.
9.2. Modifications to These General Terms
These terms may be amended at any time by the Publisher. The applicable terms for the Client are those in effect at the time of their order or connection to the Site. Any new connection to the personal account will imply acceptance of the new terms, if applicable.
9.3. Disputes
In accordance with Ordinance No. 2015-1033 of August 20, 2015, any disputes arising from the execution of these general terms that cannot be resolved amicably between the parties must be submitted to mediation.
Clients are also informed of the existence of an 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 is mandatory for all. Any professional selling to individuals must provide the contact details of a competent mediator in case of a dispute, whether they sell remotely or in a physical store.
FEVAD / Mediation Website
9.4. Entire Agreement
The nullity of any clause in this contract will not invalidate the other clauses or the contract as a whole, which will remain in full effect. In such a case, the parties shall, to the extent possible, replace the invalid provision with a valid provision that reflects the spirit and purpose of the present terms.
9.5. Non-Waiver
Failure by the Publisher to exercise its rights under these terms will not be considered a waiver of such rights.
9.6. Telephone Solicitation
Clients are informed that they have the option to register on the telephone solicitation opposition list at http://www.bloctel.gouv.fr/.
9.7. Language of These General Terms
These general terms are presented in French.
9.8. Unfair Clauses
These general terms are subject to the mandatory provisions of the Consumer Code regarding unfair clauses in contracts between professionals and consumers.