General Conditions of Sale
General conditions of sale
Preamble
These general conditions of sale apply to all sales concluded on the website
https://vorach.com/
The company's contact details are as follows:
- The link to our website:
https://vorach.com/
- Company Name:
PONTALIS CONVICTION
- Postal address:
66 AVENUE DES CHAMPS ELYSEES, 75008, PARIS
- Phone number:
- Email address:
pontalis.ecom@gmail.com
- Company number:
980 416 309
The main characteristics of the Products, including specifications, illustrations, and indications of dimensions or capacity of the Products, are presented in the Seller's catalogs. The photographs and graphics presented are not contractual and cannot engage the responsibility of the Seller. The Customer is required to refer to the description of each Product in order to know its essential properties and particularities.
Product offers are subject to availability.
In accordance with the introductory article of the Consumer Code: All digital content is understood as : any tangible personal property that incorporates or is interconnected with digital content or a digital service in such a way that the absence of that digital content or digital service would prevent the property from performing its functions.
The customer declares to have read and accepted the general conditions of sale prior to placing their order. Validation of the order therefore constitutes acceptance of the general conditions of sale.
Article 1 - Principles
These general terms and conditions express the entirety of the parties' obligations. In this sense, the client is deemed to accept them without reservation.
These general terms and conditions of sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through marketing or other distribution channels.
They are available on the website https://vorach.com/ and will prevail, where applicable, over any other version or any other contradictory document.
The buyer and the seller agree that these general terms and conditions govern their relationship exclusively. The seller reserves the right to modify its general terms and conditions from time to time, which will be applicable as soon as they are posted online.
If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector for companies with their headquarters in France.
Article 2 - Content
Object. The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, from the website https://vorach.com/.
Ability. Use of the site to place an order presumes acceptance of all the terms of these general conditions. The Customer declares that he is of legal age and capable of entering into a contract under the law of his country or declares that he represents, by virtue of a valid mandate, the person for whom he is placing the order.
Acceptance of the T&Cs. The Customer declares to have read the general conditions and to have accepted them before any purchase, which implies unreserved acceptance of these general conditions of sale. By this acceptance, the customer acknowledges that he has benefited from sufficient information and advice from the company prior to any order, allowing him to ensure the suitability of the content of his order to his needs. These general conditions constitute the entirety of the rights and obligations of the parties within the framework of their contractual relationship.
Unless proven otherwise, the data recorded by the Site constitutes proof of all facts, acceptances and transactions.
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, from the website https://vorach.com/.
Article 3 - The order
The buyer has the option of placing his order online, from the online catalog and using the form provided there, for any product, within the limits of available stocks.
The buyer will be informed of any unavailability of the product or good ordered.
To confirm the order, the buyer must accept these terms and conditions by clicking on the appropriate button. The buyer must also select the delivery address and method, and finally confirm the payment method.
The sale will be considered final:
- after sending the buyer confirmation of acceptance of the order by the seller by email;
- and after receipt by the seller of the full price.
Any order constitutes acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will be subject to a possible exchange and the guarantees mentioned below.
In certain cases, including non-payment, incorrect address, or other problems with the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.
For any questions regarding order tracking, the buyer can send an email to the seller at the following email address: pontalis.ecom@gmail.com
Call the following phone number: on the following days and times: Monday to Saturday, 10 a.m. to 6 p.m.
The digitized records, stored in the company's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as evidence.
The transfer of ownership of the Seller's Products to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of the Products.
The transfer of risks takes place from the seller to the customer at the time the customer takes physical possession of the goods. However, if the customer selects the carrier himself, in this case the transfer of risks takes place at the time the seller hands over the goods subject to the order to the carrier selected by the customer.
The Customer therefore acknowledges that it is the carrier's responsibility to carry out delivery and has no recourse under warranty against the Seller in the event of failure to deliver the transported goods.
Article 4 - Pre-contractual information
The Customer acknowledges having been informed by the Seller in a legible and comprehensible manner, by means of the provision of these General Conditions of Sale, prior to his immediate purchase or the placing of the order and in accordance with the provisions of article L 221-5 of the Consumer Code:
- on the essential characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity allowing it to acquire the Products with full knowledge of the facts, in particular with regard to their conditions of use.
The photographs and graphics presented are not contractual and cannot engage the responsibility of the Seller. The Customer is required to refer to the description of each Product in order to know its properties and essential characteristics.
- on the price of the Products and the application of a personalized price based on automated decision-making and ancillary costs or, in the absence of payment of a price, on any advantage provided instead of or in addition to it and on the nature of this advantage;
- on the terms of payment, delivery and execution of the sales contract;
- in the absence of immediate execution of the sale, on the delivery times of the Products ordered;
- on the identity of the Seller and all of his contact details;
- on the existence and methods of implementing guarantees (legal guarantee of conformity, guarantee of hidden defects, possible commercial guarantees) and, where applicable, on after-sales service;
- on the possibility of using a consumer mediator, whose contact details appear in these General Conditions of Sale, under the conditions provided for in the Consumer Code
- on the right of withdrawal (existence, conditions, time limit, methods of exercising this right and standard withdrawal form), the terms of termination, the processing of complaints and other important contractual conditions and, where applicable, on the costs of using the remote communication technique, the existence of codes of good conduct and financial deposits and guarantees;
- on the accepted payment methods.
The fact for a Customer to order on the Internet site " https://vorach.com/ " implies full adherence and acceptance of these General Conditions of Sale and obligation to pay for the Products ordered, which is expressly acknowledged by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Seller.
Article 5 - Electronic signature
The online provision of the buyer's bank card number and the final validation of the order will constitute proof of the buyer's agreement:
- due date of the sums due under the purchase order;
- signature and express acceptance of all operations carried out.
In the event of fraudulent use of the bank card, the buyer is invited, as soon as this use is noticed, to contact the seller at the following email address pontalis.ecom@gmail.com
Or at the following telephone number: .
Article 6 - Order confirmation
The seller provides the buyer with an order confirmation by email once payment has been made.
Article 7 - Proof of the transaction
The computerized records, stored in the seller's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
Article 8 - Product Information
The main characteristics of the Products, bringing together all the substantial information required by the applicable regulations and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the website "Indicate the website" in the product sheets and the Seller's catalog.
The Customer is required to read this before placing any order.
The choice and purchase of a Product are the sole responsibility of the Customer.
The photographs and graphics presented on the website " https://vorach.com/ " are not contractual and cannot engage the responsibility of the Seller.
The Customer is required to refer to the description of each Product in order to know its properties, essential characteristics and delivery times, as well as, in the case of continuous or periodic supply of a good, the minimum duration of the proposed contract.
Contractual information is presented in French and is subject to confirmation at the latest at the time of validation of the order by the Customer.
Product offers are subject to availability, as specified when the order is placed.
Article 9 – Pricing conditions
The seller reserves the right to modify its prices at any time, but undertakes to apply the current prices indicated at the time of the order, subject to availability on that date.
Prices are shown in euros.
A customer purchasing a product sold inclusive of all taxes (TTC) will see a price that reflects the VAT applicable on the day of purchase. Any change in the applicable VAT rate will be reflected in the price of the products. If the company benefits from a VAT exemption, it can legitimately invoice its products exclusive of tax (HT).
In the event that a customer located in a country of the European Union is asked to pay VAT to receive their order, the latter must inform the seller before paying the amounts claimed by the carrier or the customs administration, so that they can legitimately resolve the situation for the customer.
If the customer has nevertheless paid customs clearance fees such as VAT, customs duties or other administrative fees, the customer may request a refund of only the VAT and customs duties, on the sole condition that the customer provides admissible proof of payment.
For purchases to countries outside the European Union and France, import charges such as VAT or customs duties will be borne by the customer. The seller cannot be held responsible for any additional charges related to customs clearance or other import fees.
Article 10 - Method of payment
This is an order with payment obligation, which means that placing the order implies payment by the buyer.
To pay for his order, the buyer has the choice of all the payment methods made available by the seller and listed on the seller's website. The buyer guarantees to the seller that he has the necessary authorizations to use the payment method chosen by him, when validating the order form. The seller reserves the right to suspend any order management and any delivery in the event of refusal of authorization of payment by credit card from officially accredited organizations or in the event of non-payment. The seller reserves the right in particular to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is currently being administered.
Payment of the price is made in full on the day of the order, according to the following terms:
- Paypal
- Bank card (Visa, Mastercard, etc.)
Special offers and discount coupons. The company reserves the right to offer limited-time introductory offers, promotional offers, or price reductions on its products and to revise its offers and prices on the site at any time, under the conditions provided for by law. The applicable prices are those in effect at the time of purchase of the product by the customer, who may not claim other prices, prior or subsequent to their purchase. Discount vouchers may be subject to special conditions and remain strictly personal to their recipient and can be used only once.
In the event of a payment incident and/or fraud. The company reserves the right to suspend any processing of the Order and any delivery in the event of non-payment or refusal of authorization of payment by credit card from officially accredited organizations. The company reserves in particular the right to refuse to honor an order from a customer who has not fully or partially paid a previous order or with whom a payment dispute is in progress.
The company may contact the customer to request additional documents to complete the payment of the order. The company may rely on the information provided by the order analysis system. The provision of the requested documents is necessary for the company to confirm the order. In order to combat credit card fraud, a visual verification of the means of payment may be carried out by the company before delivering the product. In the event of fraudulent use of their bank card, the customer is invited, as soon as they notice this use, to contact the company, without prejudice to the steps to be taken by the Customer with their bank.
Default or late payment. The interest and penalties provided for by law apply in the event of non-payment or late payment by the consumer or professional Client.
Payment can be made in
- 2 times
- 3 times
- 4 times
The payment of the entire fixed price in installments offered by the company to the customer is not a payment without commitment or a monthly subscription. It is a payment schedule for the price of the product.
The price corresponding to the sum of the installment payments is due, regardless of the number of payments envisaged and the price of the product.
Any payment in installments scheduled at the time of ordering does not constitute credit or microcredit. When payment in installments is offered, the first installment is paid on the day of the order and subsequent installments are paid at intervals of one month (unless otherwise stated).
Thus, the customer guarantees the validity of the banking information provided until the last scheduled payment date. The company reserves the right to refuse an order with payment in installments if the bank card expires before the last scheduled payment or in the event that the secure payment service provider objects.
Article 11 - Availability of products - Reimbursement - Resolution
Except in cases of force majeure or during periods when the online store is closed, which will be clearly announced on the website's homepage, shipping times will be, subject to available stocks, as indicated below. Shipping times run from the order registration date indicated in the order confirmation email.
The delivery terms will be specified to the buyer on a case-by-case basis.
In the event of non-compliance with the agreed delivery date or time, the buyer must, before terminating the contract, order the seller to perform it within a reasonable additional period.
In the absence of performance at the end of this new period, the buyer may freely terminate the contract.
The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or in writing on another durable medium.
The contract will be considered terminated upon receipt by the seller of the letter or document informing him of this termination, unless the professional has performed in the meantime.
The buyer may, however, immediately terminate the contract if the dates or deadlines referred to above constitute an essential condition of the contract for him.
In this case, when the contract is terminated, the seller is required to reimburse the buyer for all sums paid, at the latest within 14 days following the date on which the contract was terminated.
In the event that the ordered product is unavailable, the buyer will be informed as soon as possible and will have the option to cancel their order. The buyer will then have the option of requesting either a refund of the sums paid within 30 days of their payment at the latest, or an exchange of the product.
Article 12 - Delivery terms
Delivery means the transfer to the consumer of physical possession or control of the goods. The ordered products are delivered to the buyer by the seller's supplier in accordance with the terms and conditions and within the time frame specified above.
The products are delivered to the address indicated by the buyer on the order form, the buyer must therefore ensure its accuracy. Any package returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the buyer's expense. The buyer may, at his request, have an invoice sent to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
If the buyer is absent on the day of delivery, the delivery person will leave a calling card in the mailbox, which will allow the package to be collected at the place and time indicated.
If the original packaging is damaged, torn, or open upon delivery, the buyer must check the condition of the items. If they have been damaged, the buyer must refuse the package and note a reservation on the delivery slip (package refused because open or damaged).
The buyer must indicate on the delivery slip and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, product missing from the delivery slip, damaged packages, broken products, etc.).
This verification is considered to have been carried out as soon as the buyer, or a person authorized by him, has signed the delivery note.
The buyer must then confirm these reservations to the carrier by registered letter no later than two working days following receipt of the item(s) and send a copy of this letter by fax or regular mail to the seller at the address indicated in the legal notices on the site.
If the products need to be returned to the seller, a return request must be submitted to the seller within 30 days of delivery. Any claim made outside this period will not be accepted. Product returns will only be accepted for products in their original condition (packaging, accessories, instructions, etc.).
The products must be returned to the following address:
- PONTALIS CONVICTION, 9 rue Jérôme Bonaparte, 91300 MASSY
The product will be delivered within a maximum of 30 days.
The products are offered for sale and delivered within the limits of available stocks. In the event of unavailability of the ordered product, the customer will be immediately informed by the company, which may offer a product of equivalent quality and price or, failing that, will refund the order if the Customer is a consumer. Apart from the refund of the price of the unavailable product, the company is not liable for any cancellation compensation, unless the non-performance of the contract is personally attributable to it.
Return costs are the responsibility of the customer.
Article 13 - Delivery errors
The buyer must submit any claim for delivery errors to the seller within the legal withdrawal period mentioned in these general terms and conditions of sale or, if provided for, in accordance with the contractually determined period within the framework of a commercial guarantee contained in these general terms and conditions of sale. Any claim submitted after this period will be rejected.
The claim may be made, at the buyer's choice:
- by telephone at the following number:
- by email to the following address: pontalis.ecom@gmail.com
Any claim not made in accordance with the rules defined above and within the time limits set cannot be taken into account and will release the seller from any liability towards the buyer.
Upon receipt of the complaint, the seller will assign an exchange number for the product(s) concerned and communicate it to the buyer by email. A product can only be exchanged after the exchange number has been assigned.
Article 14 - Product warranty
14-1 Legal guarantee of conformity
The Seller undertakes to deliver goods that comply with the contractual description and the criteria set out in Article L217-5 of the Consumer Code.
It is liable for defects of conformity existing at the time of delivery of the Products and which appear within two years of this delivery.
This warranty period applies without prejudice to Articles 2224 et seq. of the Civil Code, the limitation period starting to run on the day the Customer becomes aware of the lack of conformity.
Any defects in conformity which appear within twenty-four months or twelve months in the case of second-hand goods from the delivery of the Products are, unless proven otherwise, presumed to have existed at the time of delivery.
In the event of a lack of conformity, the Customer may demand that the Products delivered be brought into conformity by repair or replacement or, failing that, a reduction in the price or the cancellation of the sale, under legal conditions.
It may also suspend payment of all or part of the price or the delivery of the benefit provided for in the contract until the Seller has fulfilled the obligations incumbent upon it under the legal guarantee of conformity, under the conditions of Articles 1219 and 1220 of the Civil Code.
It is the Customer's responsibility to request that the Seller bring the Products into conformity, choosing between repair and replacement. The conformity of the goods shall take place within a period not exceeding thirty days following the Customer's request.
The repair or replacement of the non-compliant Product includes, where applicable, the removal and return of the Product and the installation of the Product brought into conformity or replaced.
Any Product brought into conformity within the framework of the legal guarantee of conformity benefits from a six-month extension of this guarantee.
In the event of replacement of the non-compliant Product when, despite the Customer's choice, compliance has not been carried out by the Seller, the replacement will start, for the benefit of the Customer, a new period of legal guarantee of conformity, from the delivery of the replaced Product.
If the requested compliance is impossible or entails disproportionate costs under the conditions set out in Article L 217-12 of the Consumer Code, the Seller may refuse it. If the conditions set out in Article L 217-12 of the Consumer Code are not met, the Customer may, after formal notice, pursue the specific enforcement of the solution initially requested, in accordance with Articles 1221 et seq. of the Civil Code.
The Customer may finally demand a price reduction or the cancellation of the sale (unless the lack of conformity is minor) in the cases provided for in Article L 217-14 of the Consumer Code.
When the lack of conformity is so serious that it justifies a price reduction or immediate termination of the sale, the Customer is not required to request in advance the repair or replacement of the non-conforming Product.
The price reduction is proportional to the difference between the value of the Product delivered and the value of this good in the absence of the lack of conformity.
In the event of cancellation of the sale, the Customer will be reimbursed for the price paid against return of the non-compliant Products to the Seller, at the latter's expense.
The refund is made upon receipt of the non-compliant Product or proof of its return by the Customer and at the latest within fourteen days following, with the same means of payment as that used by the Customer during payment, unless expressly agreed by the latter and in any event without additional costs.
The foregoing provisions are without prejudice to the possible allocation of damages to the Customer, for the loss suffered by the latter due to the lack of conformity.
14-2 Legal guarantee of hidden defects
In accordance with Articles 1641 et seq. of the Civil Code, the seller is liable for any hidden defects that may affect the property sold. It will be up to the buyer to prove that the defects existed at the time of sale of the property and are such as to render the property unfit for the use for which it is intended. This warranty must be implemented within two years of the discovery of the defect.
The buyer may choose between cancellation of the sale or a reduction in the price in accordance with Article 1644 of the Civil Code.
Article 15 - Right of withdrawal
Application of the right of withdrawal
The buyer has 30 days from the date of delivery of their order to return any item that does not suit them and request an exchange or refund without penalty, except for return costs which remain the responsibility of the buyer.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be resold as new, accompanied by the purchase invoice.
Damaged, soiled or incomplete products will not be accepted.
The right of withdrawal can be exercised online, using the withdrawal form available on this website. In this case, an acknowledgment of receipt on a durable medium will be immediately communicated to the buyer. Any other method of declaration of withdrawal is accepted. It must be unambiguous and express the desire to withdraw.
In the event of exercising the right of withdrawal within the aforementioned period, the customer must notify his right of withdrawal
by email to the following address: pontalis.ecom@gmail.com
The price of the product(s) purchased and the delivery costs are refunded.
Return costs are the responsibility of the buyer.
The exchange (subject to availability) or refund will be made at the latest within 15 days from receipt by the seller of the products returned by the buyer under the conditions provided above.
Exceptions
According to article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:
- the supply of goods whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period;
- supply of goods made to the consumer's specifications or clearly personalized;
- supply of goods liable to deteriorate or expire rapidly;
- the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
- the supply of goods which, after being delivered and by their nature, are inseparably mixed with other items;
- the supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
- maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by the consumer, within the limit of spare parts and work strictly necessary to respond to the emergency;
- the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
- the supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
- supply of digital content not supplied on a physical medium, the execution of which has begun after the express prior agreement of the consumer and express waiver of his right of withdrawal.
The company is not required to reimburse additional costs if the consumer has expressly chosen a more expensive delivery method than the standard delivery method offered by the professional.
Article 16 - Force majeure and unforeseen events
Any circumstances beyond the control of the parties preventing the performance under normal conditions of their obligations are considered grounds for exemption from the parties' obligations and result in their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.
Any irresistible facts or circumstances, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, shall be considered as cases of force majeure or fortuitous events, in addition to those usually recognized by the case law of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers.
The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the force majeure event lasts for more than three months, these general conditions may be terminated by the injured party.
If the case of force majeure, preventing one of the two parties from fulfilling its contractual obligations, lasts for more than 90 days, in this case the party that considers itself injured may unilaterally terminate the contract that binds it to the other party.
In addition to cases of force majeure, which may affect the performance of contracts by one or other of the parties to the sales contract, there is also the hypothesis of unforeseen circumstances which takes into account the increase in the price of any raw material or any goods or services necessary for the production, manufacture, provision, dispatch, of a good sold by the seller, making it impossible under reasonable conditions for the seller to continue to offer these goods for sale or to perform its contractual obligations. In such a case, the seller cannot be considered as being at the origin of a failure to perform its contractual obligations, the customer cannot unilaterally terminate the contract without having first and in good faith, attempted to find an amicable solution or renegotiated the contract concluded with the seller. In any event, in the event of unforeseen circumstances, the seller cannot be held responsible for any inconvenience, disadvantages, or loss of opportunity suffered by the customer.
Article 17 - Intellectual property
The content of the website remains the property of the seller, the sole holder of intellectual property rights over this content.
Buyers agree not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.
Article 18 - Data Protection and Freedoms
The personal data provided by the buyer are necessary for processing the order and issuing invoices.
They may be communicated to the seller's partners responsible for the execution, processing, management and payment of orders.
The buyer has a permanent right of access, modification, rectification and opposition with regard to information concerning him. This right can be exercised under the conditions and according to the terms defined on the site https://vorach.com/
Article 19 - Partial non-validation
If one or more provisions of these general conditions are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope.
Article 20 - Non-waiver
The fact that one of the parties does not take advantage of a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation in question.
Article 21 - Title
In the event of any difficulty of interpretation between any of the headings appearing at the head of the clauses, and any of the clauses, the headings shall be declared non-existent.
Article 22 - Language of the contract
These general terms and conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will be authoritative in the event of a dispute.
Article 23 - Mediation and dispute resolution
For any requests or complaints, we are at your entire disposal at our address: pontalis.ecom@gmail.com
In addition, the buyer may resort to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute. The names, contact details and email addresses of the mediator are available on our website.
In the event of difficulty in the execution of the Contract, the Consumer Client residing in Europe has the possibility, before any legal action, to request recourse from the following consumer mediator:
- Name of the mediation company: Professional Mediation Company, consumer mediator
- Address: 24 rue Albert de Mun - 33000 Bordeaux
DISPUTE – CONSUMER MEDIATION
In the event of a dispute between the Client and the company, they will endeavor to resolve it amicably (the Client will send a written complaint to the professional or, where applicable, to the professional's Customer Relations Department).
In the absence of an amicable agreement or in the absence of a response from the professional within a reasonable period of one (1) month, the Consumer Client within the meaning of Article L.133-4 of the Consumer Code has the possibility of contacting, free of charge, if a disagreement persists, the competent mediator registered on the list of mediators established by the Consumer Mediation Evaluation and Control Commission pursuant to Article L.615-1 of the Consumer Code, namely:
The Professional Mediation Company
www.mediateur-consommation-smp.fr
24 rue Albert de Mun - 33000 Bordeaux
Article 24 - Applicable law
These general conditions are subject to the application of French law. The competent courts are the French courts.
This applies to both substantive and formal rules. In the event of a dispute or complaint, the buyer will first contact the seller to obtain an amicable solution.
Article 25 - Protection of personal data
Data collected
The personal data collected on this site are as follows:
- account opening: when creating the user account, their first names, last names, payment and location data
- connection: when the user connects to the website, it records, in particular, their first names, last names, payment data, connection data, usage data, and location data
- profile : the use of the services provided on the website allows you to fill in a profile, which may include an address and a telephone number - payment: as part of the payment for the products and services offered on the website, it records financial data relating to the user's bank account or credit card;
- communication : when the website is used to communicate with other members, data concerning the user's communications are subject to temporary storage;
- cookies: Cookies are used in connection with the use of the site. The user has the option to disable cookies from their browser settings.
Use of personal data
The personal data collected from users is intended to provide the website's services, improve them, and maintain a secure environment. More specifically, the uses are as follows:
- access and use of the website by the user;
- management of the operation and optimization of the website;
- organization of the conditions of use of the Payment Services;
- verification, identification and authentication of data transmitted by the user;
- offering the user the possibility of communicating with other users of the website;
- implementation of user assistance;
- personalization of services by displaying advertisements based on the user's browsing history, according to their preferences;
- prevention and detection of fraud, malware (malicious software) and management of security incidents;
- management of any disputes with users;
- sending commercial and advertising information, based on user preferences.
Sharing personal data with third parties
Personal data may be shared with third-party companies in the following cases:
- when the user uses payment services, for the implementation of these services, the website is in contact with third-party banking and financial companies with which it has entered into contracts;
- when the user publishes, in the free comment areas of the website, information accessible to the public;
- when the user authorizes a third party website to access his data;
- when the website uses the services of service providers to provide user support, advertising and payment services. These service providers have limited access to user data, as part of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data;
- if required by law, the website may carry out the transmission of data to respond to claims made against the website and to comply with administrative and judicial procedures;
- if the website is involved in a merger, acquisition, sale of assets or bankruptcy proceedings, it may be required to transfer or share all or part of its assets, including personal data. In this case, users would be informed before personal data is transferred to a third party.
Transfer of personal data to third parties located outside the European Union
Your personal data may in particular transit or be transmitted to our service providers located in the following countries: United States, China
We undertake to comply with the applicable regulations relating to data transfers to countries located outside the European Union and in particular according to the following terms:
- We will transfer visitor, prospect, and customer data to countries recognized as providing an adequate level of protection. In the event of transfer to the United States, to organizations that have adhered to the Privacy Shield;
- When the destination country does not benefit from an adequate level of protection, we supervise the flows using transfer tools that comply with regulations (standard contractual clauses of the European Commission, in particular).
In addition, we undertake to (i) ensure that any subcontractor provides sufficient and appropriate contractual guarantees to respect your rights, so that the processing meets the requirements of the GDPR and (ii) to comply with the provisions of the GDPR applicable to data transfers.
Based on our legal obligations, your personal data may be disclosed in accordance with a law, regulation or pursuant to a decision of a competent regulatory or judicial authority.
Security and Privacy
The website implements organizational, technical, software, and physical digital security measures to protect personal data against alteration, destruction, and unauthorized access. However, it should be noted that the internet is not a completely secure environment, and the website cannot guarantee the security of the transmission or storage of information over the internet.
Implementation of user rights
In accordance with the regulations applicable to personal data, users have the following rights, which they can exercise by sending their request to the following address: pontalis.ecom@gmail.com
- the right of access: they can exercise their right of access to know the personal data concerning them. In this case, before implementing this right, the website may request proof of the user's identity in order to verify its accuracy.
- the right to rectification: if the personal data held by the website is inaccurate, they can request that the information be updated.
- the right to erasure of data: users may request the erasure of their personal data, in accordance with applicable data protection laws.
- the right to limit processing: users can request the website to limit the processing of personal data in accordance with the assumptions provided for by the GDPR.
- the right to object to data processing: users can object to their data being processed in accordance with the assumptions provided for by the GDPR.
- the right to portability: they can request that the website provide them with the personal data provided to it in order to transmit it to a new website.
Evolution of this clause
The website reserves the right to make any changes to this personal data protection clause at any time. If a change is made to this personal data protection clause, the website undertakes to publish the new version on its website. The website will also inform users of the change by email, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, they have the option to delete their account.