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General conditions of sale

General Terms and Conditions of Sale
General Terms and Conditions of Sale for the website snkrsnotifications.fr
Effective as of 21/01/2022

ARTICLE 1. PARTIES
These general terms are applicable 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 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 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 Users have the necessary 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. ORDER PROCESS

5.1. Placing an Order
To place an order, Users may select one or more Products and add them to their cart. Product availability is indicated on the Site in the description of each item. Once their order is complete, they can view their cart by clicking on the appropriate button.

5.2. Validation of the Order by the User
When viewing their cart, Users can check the quantity and nature of the Products they have chosen and verify the unit and total price. They can also remove one or more Products from their cart.

If the order is satisfactory, Users can proceed to validate it. They will then access a form where they can either log in if they already have an account or register on the Site by completing the registration form with their personal information.

5.3. Payment by the Client
Once logged in or after completing the registration form, Clients will be asked to confirm or modify their delivery and billing addresses, then proceed to payment through the secure payment interface, which will display a "payment obligation" or similar wording.

5.4. Confirmation of the Order by the Publisher
Once the payment is successfully received by the Publisher, the latter commits to acknowledging receipt to the Client electronically within 24 hours. During the same period, the Publisher will also send an order summary email to the Client, confirming that the order is being processed, with all relevant details.

ARTICLE 6. PRICES AND PAYMENT

6.1. Prices
The applicable prices are those displayed on the Site at the time of the order. These prices may be modified at any time by the Publisher. The prices displayed are valid only on the day of the order and do not apply for future orders.

The prices indicated on the Site are in euros, all taxes included, excluding shipping fees.

6.2. Payment Methods
The Client can make payments via PayPal, Stripe, or Apple Pay.

For credit card payments, the Publisher does not have access to any payment data. The payment is made directly through the banking institution.

In case of payment by bank transfer, check, or money order, delivery times begin only after the payment is received by the Publisher.

6.3. Invoicing
The Publisher will send or make available an electronic invoice after each payment. The Client explicitly agrees to receive invoices electronically.

6.4. Payment Default
Payment deadlines cannot be extended for any reason, even in the event of a dispute.

Any unpaid amount by the due date will automatically result in late penalties calculated at a rate of 3 times the legal interest rate, without affecting the principal amount owed.

Additionally, late payment will result in an immediate fee of 40 euros for recovery costs, the immediate payment of all remaining amounts owed regardless of agreed deadlines, an additional indemnity of 20% of the amount as a penalty, and the possibility of unilateral termination of the contract to the detriment of the Client.

6.5. Retention of Ownership
The Products remain the property of the Publisher until full payment is made, according to this retention of ownership clause.

ARTICLE 7. CUSTOMER SERVICE
No customer service is provided. All inquiries are handled exclusively by email.

ARTICLE 8. PERSONAL ACCOUNT

8.1. Creation of a Personal Account
Creating a personal account is a prerequisite for any order placed by a User on the Site. To do so, the User will be asked to provide certain personal information. Some of this information is required to create the personal account. Refusal to provide this information will prevent the creation of the personal account and, incidentally, the validation of the order.

When creating the personal account, the User is invited to choose a password. This password ensures the confidentiality of the information 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 agrees to regularly verify and update their personal data through their personal account.

8.2. Content of the Personal Account
The personal account allows the Client to view 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.

8.3. 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 9. PERSONAL DATA

9.1. Data Controller
The data controller responsible for collecting and processing data on the Site is the Publisher.

9.2. Data Protection Officer
[Details to be added if applicable].

9.3. Data Collected

9.3.1. Data Collected from Clients
The Publisher may collect and process information from Clients in the context of contractual relations, such as: Email, First and Last Name, Phone Number, Address, State, Province, Postal Code, City, and Contract History.

9.3.2. Purpose of Data Collection
The data collected during the contractual relationship is subject to automated processing for the following purposes:

  • Engaging in legal proceedings
  • Verifying the identity of Clients

9.3.3. Legal Basis for Processing
The legal basis for the data collection is the contractual relationship.

9.3.4. Recipients of 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.

9.3.5. Data Retention Period
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.

9.3.6. Security and Confidentiality of Personal Data
Personal data is stored securely using current technology and in compliance with the General Data Protection Regulation and applicable national laws.

9.3.7. Minimization of Data
The Publisher advises 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.

9.4. Respect for Rights
Clients have the following rights concerning their personal data, which they can exercise by writing to the Publisher’s postal address or by filling out the online contact form.

9.4.1. Right to Information, Access, and Data Communication
Clients have the right to access the personal data concerning them.

For security and confidentiality reasons, requests will only be processed if Clients provide proof of identity, such as a scan of a valid ID (for electronic requests) or a signed photocopy of a valid ID (for written requests), 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.

9.4.2. Right to Rectification, Deletion, and Right to Be Forgotten
Clients can 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.

9.4.3. Right to Object to Data Processing
Clients can object to the processing of their personal data for legitimate reasons.

9.4.4. 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.

9.4.5. Right to Restrict Processing
Clients have the right to request that the processing of their personal data be limited.

9.4.6. 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.

9.4.7. 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.

9.5. Data Transfer

9.5.1. 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 regarding confidentiality, use, and protection of data.

9.5.2. 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.

9.5.3. 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 in place of the Publisher.

ARTICLE 10. RESPONSIBILITY OF THE PUBLISHER

10.1. Nature of the Publisher's Obligations
The Publisher commits to providing quality Products in compliance with these terms. The Publisher is only responsible for ensuring that these services are available and functional to the best of its ability.

10.2. Force Majeure – Client Fault
The Publisher will not be held liable in the event of force majeure or Client fault, as defined below:

10.2.1. Force Majeure
Any event beyond the Publisher's reasonable control, such as fire, epidemic, explosion, earthquake, bandwidth fluctuations, access provider failures, network failures, hacking, security breaches, floods, power outages, war, embargo, legal requirements, requisition, strikes, or boycotts, will be considered force majeure.

10.2.2. Client Fault
Client fault refers to any misuse of the Service, negligence, failure to follow instructions, illegal or fraudulent disclosure of passwords or credentials, or incorrect or outdated information in the Client’s personal account.

10.3. Technical Issues – Hyperlinks
If access to the Site is unavailable due to technical issues, the Client cannot claim damages. Prolonged unavailability of services cannot constitute a prejudice for Clients.

Hyperlinks on the Site may lead to other websites, and the Publisher cannot be held responsible if the content of these sites violates legal regulations. Similarly, the Publisher cannot be held responsible for any harm caused to the User from visiting these sites.

10.4. Damages
Unless otherwise provided by law, the Publisher's liability is limited to the direct, personal, and certain damage suffered by the Client due to the issue at hand. The Publisher will not be held responsible for indirect damages such as data loss, commercial harm, loss of orders, brand damage, or loss of profits or customers. In any case, damages cannot exceed the price of the ordered Product.

ARTICLE 11. INTELLECTUAL PROPERTY

11.1. Legal Protection of Site Content
Site content may be protected by copyright or database rights. Any unauthorized reproduction or adaptation, in whole or in part, without the Publisher’s consent, constitutes a violation of intellectual property rights.

11.2. Contractual Protection of Site Content
Users agree not to use, reproduce, or display Site Content for any purpose other than browsing the Site. This prohibition does not apply to indexing robots for content indexing.

ARTICLE 12. FINAL PROVISIONS

12.1. Applicable Law
These general terms are governed by French law.

12.2. 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 on the day of their order or connection to the Site. Any new connection to the personal account implies acceptance of the updated terms.

12.3. Disputes
In accordance with Ordinance No. 2015-1033 of August 20, 2015, any disputes that cannot be resolved amicably will be submitted to mediation.

Additionally, Clients are informed of the online dispute resolution platform accessible at 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 a mediator’s contact information in case of disputes.

FEVAD / Mediation Website

12.4. Entire Agreement
The invalidity of any clause in this contract does not invalidate the rest of the contract. If necessary, the parties will replace the invalid clause with a valid one that reflects the original intent.

12.5. Non-Waiver
Failure by the Publisher to exercise its rights does not constitute a waiver of such rights.

12.6. Telephone Solicitation
Clients can register on the telephone solicitation opposition list at http://www.bloctel.gouv.fr/.

12.7. Language of These Terms
These terms are presented in French.

12.8. Unfair Clauses
These terms comply with the mandatory provisions of the Consumer Code regarding unfair clauses in contracts between professionals and consumers.

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