General conditions of use of the website
General terms and conditions of use of the website
applicable from 10/01/2023
ARTICLE 1. PARTIES
This refund policy applies between PROXIDIS, SARL with share capital of €1000, registered with the RCS of Pontoise in France on 23/03/2022, under number 850 542 671, registered office: 10 allée Charles Perrault - 95240 Cormeilles en Parisis, telephone: +33 7 77 44 46 71, email: jonash@proxiretails.com.
ARTICLE 2. DEFINITIONS
" " Client ": any person, natural or legal, 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 ": , taken in its capacity as publisher of the Site.
“ Internet user ”: any person, natural or legal, private or public law, connecting to the Site.
“ Product ”: goods of any kind sold on the Site by the Publisher to Customers.
" Site ": website accessible at the URL, as well as sub-sites, mirror sites, portals and related URL variations.
ARTICLE 3. SCOPE OF APPLICATION
The Site is freely accessible to all Internet users. Browsing the Site implies acceptance of these terms and conditions by all Internet users. Simply connecting to the Site, by any means whatsoever, including via a bot or browser, constitutes full and complete acceptance of these terms and conditions. During registration on the Site, this acceptance will be confirmed by checking the corresponding box.
The Internet user acknowledges having fully read and accepted them without restriction.
Checking the aforementioned box will be considered equivalent to a handwritten signature by the user. The user acknowledges the evidentiary value of the Publisher's automatic recording systems and, unless they provide evidence to the contrary, waives the right to contest them in the event of a dispute.
These general terms and conditions apply to the relationship between the parties to the exclusion of all other conditions, including those of the Internet user.
Acceptance of these general terms and conditions implies that Internet users have the necessary 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 Site's purpose is the sale of Products to Customers.
ARTICLE 5. CUSTOMER SERVICE
The Site's customer service is available from 9 am to 6 pm at the following toll-free number: 6, by email at: or by mail to the address indicated in Article 1 of these terms and conditions. In the latter two cases, the Publisher undertakes to provide a response within 1.
The Site's customer service can be accessed from the site's contact page: or by email at or by post to the address indicated in article 1 of these general terms and conditions.
ARTICLE 6. PERSONAL SPACE
6.1. CREATION OF PERSONAL SPACE
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 this information is considered essential for creating the personal account. A user's refusal to provide this information will prevent the creation of the personal account and, consequently, the validation of the order.
When creating a personal account, the user is asked to choose a password. This password guarantees the confidentiality of the information contained within the personal account. The user is therefore prohibited from sharing or disclosing it to any third party. Otherwise, the Publisher cannot be held liable for any unauthorized access to a user's personal account.
The Client undertakes to regularly check the data concerning him/her and to make the necessary updates and modifications online, from his/her personal space.
6.2. CONTENT OF THE PERSONAL AREA
The personal area allows the Customer to view and track all orders placed on the Site.
The pages relating to personal accounts are freely printable by the account holder, but do not constitute admissible evidence in a court of law. They are for informational purposes only, intended to ensure the efficient management of orders by the customer.
The Publisher undertakes to securely retain all contractual elements whose retention is required by law or applicable regulations.
6.3. DELETION OF PERSONAL SPACE
The Publisher reserves the right to delete the account of any Customer who violates these terms and conditions, particularly when the Customer provides inaccurate, incomplete, misleading, or fraudulent information, or when a Customer's personal account has remained inactive for at least one year. Such deletion shall not constitute a fault on the part of the Publisher or cause any damage to the excluded Customer, who shall not be entitled to any compensation as a result.
This exclusion is without prejudice to the possibility for the Publisher to take legal action against the Client when the facts warrant it.
ARTICLE 7. PERSONAL DATA
As part of its service, the Publisher will be required to process personal data of its Clients.
7.1. IDENTITY OF THE DATA CONTROLLER
The person responsible for 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 hyperlink to our website's URL
7.3. DATA COLLECTED
7.3.1. DATA COLLECTED FROM CUSTOMERS
In the context of its contractual relationships, the Publisher may collect and process information from its Clients, namely: .
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 fulfill contractual obligations;
- contacting Clients;
- avoid any illicit or illegal activity;
- enforce the general terms and conditions;
- to initiate legal proceedings;
- verify the identity of the Clients;
7.3.3. LEGAL BASIS FOR PROCESSING
The data collected is based on a contractual relationship.
7.3.4. DATA RECIPIENTS
The data collected is accessible only by the Publisher within the limits strictly necessary for the execution of 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 kept for the duration of the contractual relationship, and for the period during which the Publisher's liability may be engaged.
Once the retention period has expired, the Publisher 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 is stored securely, using current technological means, in compliance with the provisions of the General Data Protection Regulation and applicable national legislation.
Access to the Publisher's premises is also secure.
7.3.7. DATA MINIMIZATION
The Publisher may also collect and process any data voluntarily transmitted by its Clients.
The Publisher directs its Clients to provide only personal data strictly necessary for the performance of contractual obligations.
The Publisher undertakes to retain and process only the data strictly necessary for its professional activities, and will delete any data received that is not useful for its activities as soon as possible.
7.4. RESPECT FOR RIGHTS
The Publisher's Clients 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
The Publisher's Clients have the option to access their personal data.
Due to the Publisher's obligation to ensure the security and confidentiality of personal data processing, requests will only be processed if Clients provide proof of their identity, specifically by producing a scan of their valid identity document (in the case of a request made via the dedicated electronic form) or a signed photocopy of their valid identity document (in the case of a request made in writing), both accompanied by the statement "I hereby attest that the copy of this identity document is a true copy of the original. Done at … on …", followed by their signature.
To help them in their process, Clients will find here a sample letter prepared by the CNIL.
7.4.2. RIGHT TO RECTIFICATION, ERASURE AND RIGHT TO BE FORGOTTEN
The Publisher's Clients have the option to request the rectification, updating, blocking or even the erasure of their personal data which may prove to be inaccurate, erroneous, incomplete or obsolete.
The Publisher's Clients may also define general and specific instructions regarding the fate of their personal data after their death. Where applicable, the heirs of a deceased person may request that the death of their loved one be taken into account and/or that the necessary updates be made.
To help them in their process, customers will find Here is a sample letter prepared by the CNIL.
7.4.3. RIGHT TO OBJECT TO DATA PROCESSING
The Publisher's Clients have the option to object to the processing of their personal data.
To help them in their process, customers will find Here is a sample letter prepared by the CNIL.
7.4.4. RIGHT TO DATA PORTABILITY
The Publisher's Clients 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 RESTRICTION OF PROCESSING
The Publisher's Clients have the right to request that the Publisher limit the processing of their personal data. In this case, their data may only be stored and no longer used by the Publisher.
7.4.6. RESPONSE TIMES
The Publisher undertakes to respond to any request for access, rectification or objection or any other request for additional information within a reasonable period which shall not exceed 1 month from receipt of the request.
7.4.7. COMPLAINT TO THE COMPETENT AUTHORITY
If the Publisher's Clients believe that the Publisher is not fulfilling its obligations regarding their personal data, they may file a complaint or request with the relevant authority. In France, the relevant authority is the CNIL, which they can contact 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 Clients' data. These service providers may be located outside the European Union.
The Publisher has previously ensured that its service providers implement adequate safeguards and comply with strict conditions regarding confidentiality, use and data protection, for example via the US Privacy Shield.
7.5.2. TRANSFER UPON REQUEST OR COURT ORDER
Customers also consent to the Publisher disclosing the collected data to any person, upon request from a state authority or by court order.
7.5.3. TRANSFER WITHIN THE FRAMEWORK OF A MERGER OR ACQUISITION
If the Publisher is involved in a merger, sale of assets, financing transaction, liquidation or bankruptcy or in an acquisition of all or part of its business by another company, the Clients consent to the data collected being transmitted by the Publisher to that company and to that company carrying out the personal data processing referred to in these General Terms of Service in place of the Publisher.
ARTICLE 8. INTELLECTUAL PROPERTY
8.1. LEGAL PROTECTION OF SITE CONTENT
The Site Content may be protected by copyright and database rights. 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 SITE CONTENT
The User contractually agrees with the Publisher not to use, reproduce, or represent, in any way whatsoever, the Site's Content, whether or not protected by intellectual property rights, for any purpose other than its reading by a web crawler or browser. This prohibition does not apply to indexing robots whose sole purpose is to scan the Site's content for indexing purposes.
8.3. PROTECTION OF GENERAL CONDITIONS
The Site's general terms and conditions, drafted by the law firm Deshoulières Avocats Associés ( www.deshoulieres-avocats.com ), are protected by commercial law. Any reproduction, in whole or in part, without the consent of Deshoulières Avocats Associés may give rise to legal proceedings for unfair competition.
ARTICLE 9. FINAL STIPULATIONS
9.1. APPLICABLE LAW
These terms and conditions are governed by French law.
9.2. CHANGES TO THESE GENERAL TERMS AND CONDITIONS
These terms and conditions may be modified at any time by the Publisher. The terms and conditions applicable to the Customer are those in effect on the date of their order or their connection to this Site; any new connection to the personal account implies acceptance, where applicable, of the new terms and conditions.
9.3. DISPUTES
Pursuant to Order No. 2015-1033 of August 20, 2015, any disputes that may arise in connection with the execution of these general terms and conditions and for which a solution could not be found amicably beforehand between the parties must be submitted.
Furthermore, the Client is informed of the existence of the 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 has been mandatory for everyone. Therefore, any professional selling to individuals is required to provide the contact details of a competent mediator in the event of a dispute, regardless of whether they sell remotely or in a physical store (Source: FEVAD).
9.4. ENTIRETY
The invalidity of any clause of this contract shall not invalidate the other clauses of the contract or the contract as a whole, which shall remain in full force and effect. In such a case, the parties shall, to the extent possible, replace the invalidated provision with a valid provision that corresponds to the spirit and purpose of this contract.
9.5. NON-WAIVER
The Publisher's failure to exercise any of the rights granted to it hereunder shall in no case be construed as a waiver of such rights.
9.6. TELEPHONE SOLICITING
The Customer is informed that they have the option to register on the telephone marketing opt-out list at the address http://www.bloctel.gouv.fr/ .
9.7. LANGUAGES OF THESE GENERAL TERMS AND CONDITIONS
These terms and conditions are offered in French.
9.8. UNFAIR TERMS
The stipulations of these general terms and 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.