GENERAL CONDITIONS OF SERVICES
These general conditions of sale (hereinafter the "General Conditions") apply to any order for services made by a natural person (hereinafter the "CUSTOMER") on the website https://lesecretbyemilienefnaf.com ( hereinafter the “SITE”) with SAS Justemy, registered in the Lille Trade and Companies Register under number 849 904 172, at the Parc des Rouges Barres, 10 rue Marcel Dassault 59700 Marcq en Baroeul , email: contact @ lesecretbyemilienefnaf. com (hereinafter the “SERVICE PROVIDER”).
Article 1. Definitions
- “CUSTOMER” : refers to the CONTRACTOR's co-contractor, who guarantees to have the status of consumer as defined by French law and jurisprudence. As such, it is expressly provided that this CUSTOMER acts outside of any usual or commercial activity.
- "SERVICES" : refers to all the services offered on the SITE.
- “TERRITORY” : refers to Metropolitan FRANCE (excluding DOM / TOM).
Article 2. Purpose
The CUSTOMER is clearly informed and recognizes that the SITE is aimed at consumers and that professionals must contact the SERVICE PROVIDER's sales department in order to benefit from separate contractual conditions.
Article 3. Acceptance of the General Conditions
These General Conditions are referenced at the bottom of each page of the SITE by means of a link and must be consulted before placing the order. The CUSTOMER is invited to carefully read, download and print the General Conditions and to keep a copy.
The SERVICE PROVIDER advises the CLIENT to read the General Conditions for each new order, the latest version of said Conditions applying to any new order for SERVICES.
By clicking on the first button to place the order then on the second to confirm the said order, the CUSTOMER acknowledges having read, understood and accepted the General Conditions without limitation or condition.
Article 4. Ordering SERVICES on the SITE
The CUSTOMER will be asked to provide information enabling him to be identified by completing the form available on the SITE. The sign (*) indicates the mandatory fields which must be completed for the CLIENT's order to be processed by the SERVICE PROVIDER. The CUSTOMER can check the status of his order on the SITE. The information that the CLIENT provides to the SERVICE PROVIDER when placing an order must be complete, exact and up to date.
The information that the CLIENT provides to the SERVICE PROVIDER when placing an order must be complete, exact and up to date. The SERVICE PROVIDER reserves the right to ask the CLIENT to confirm, by any appropriate means, his identity, his eligibility and the information communicated.
Article 5. Orders
The SERVICE PROVIDER undertakes to present the essential characteristics of the SERVICES (on the SITE) and the mandatory information that the CUSTOMER must receive under applicable law.
The CUSTOMER undertakes to read this information carefully before placing an order on the SITE.
Unless expressly indicated otherwise on the SITE, all the SERVICES offered by the SERVICE PROVIDER comply with the European legislation in force and the standards applicable in France.
Orders for SERVICES are placed directly on the SITE. To place an order, the CUSTOMER must follow the steps described below (please note, however, that depending on the CUSTOMER's start page, the steps may differ slightly).
The CUSTOMER must select the product of his choice by clicking on its description. Once the product has been selected, it is placed in the CLIENT's basket. The latter can then add as many products as he wishes to his basket.
Once the products have been selected and placed in his basket, the CUSTOMER must click on the basket and check that the content of his order is correct. If the CUSTOMER has not yet done so, he will then be invited to identify himself or to register.
Once the CUSTOMER has validated the contents of the basket and identified / registered, an online form automatically completed and summarizing the price and applicable taxes will be displayed to him.
The CUSTOMER is invited to check the content of his order (including the quantity and references of the items ordered, the billing address, the means of payment and the price) before validating its content.
The CUSTOMER can then proceed to payment for the products by following the instructions on the SITE and provide all the information necessary for invoicing and the execution of the order. Regarding the SERVICES for which options are available, these specific references appear when the right options have been selected. Orders placed must include all the information necessary for the proper processing of the order.
Once all the steps described above are completed, a page appears on the SITE to acknowledge receipt of the CLIENT's order. A copy of the acknowledgment of receipt of the order is automatically sent to the CUSTOMER by email, provided that the email address provided through the registration form is correct.
The SELLER does not send any order confirmation by post or fax.
During the ordering procedure, the CUSTOMER must enter the information necessary for invoicing (the sign (*) will indicate the mandatory fields that must be completed for the CUSTOMER's order to be processed by the SERVICE PROVIDER).
The CLIENT must also specify the means of payment chosen.
Neither the order form that the CUSTOMER establishes online, nor the acknowledgment of receipt of the order that the SERVICE PROVIDER sends to the CUSTOMER by e-mail constitutes an invoice. Whatever the method of order or payment used, the CUSTOMER will receive the original of the invoice when the SERVICES are performed.
The date of the order is the date on which the SERVICE PROVIDER acknowledges online receipt of the order. The deadlines indicated on the SITE do not start to run until this date.
For all SERVICES, the CUSTOMER will find prices displayed in euros on the SITE, all taxes included.
The prices include in particular the value added tax (VAT) at the rate in force on the date of the order. Any modification of the applicable rate may impact the price of SERVICES from the date of entry into force of the new rate.
The applicable VAT rate is expressed as a percentage of the value of the SERVICE.
The prices indicated on the SITE may change, particularly in the event of special offers or sales.
The prices indicated are valid, except for gross error. The applicable price is that indicated on the SITE on the date on which the order is placed by the CUSTOMER.
However, in the event that the price of the SERVICE is not determined in advance, or when an exact price cannot be indicated, the SERVICE PROVIDER will provide the CUSTOMER with a price calculation method or a sufficiently detailed estimate. Article 6. Right of withdrawal
The modalities of the right of withdrawal are provided for in the section "Procedures for exercising the right of withdrawal", available in Appendix 1 hereof and accessible at the bottom of each page of the SITE via a hypertext link.
Article 6. Payment
The CUSTOMER can pay for his products online using the means offered by the SERVICE PROVIDER.
The CLIENT guarantees the SERVICE PROVIDER that he holds all the authorizations required to use the chosen means of payment.
The SERVICE PROVIDER will take all necessary measures to guarantee the security and confidentiality of data transmitted online as part of online payment on the SITE.
As such, it is specified that all payment information provided on the SITE is transmitted to the SITE bank and is not processed on the SITE.
The CLIENT's account will be debited as soon as the SERVICES order is placed on the SITE.
If the bank refuses to debit a card or other means of payment, the CUSTOMER must contact the SERVICE PROVIDER's Customer Service in order to pay for the order by any other valid means of payment.
In the event that, for any reason whatsoever, opposition, refusal or other, the transmission of the flow of money owed by the CUSTOMER proves impossible, the order will be canceled.
Article 7. Obligations of the parties
In order to allow the SERVICE PROVIDER to perform its SERVICES under the best conditions, the CLIENT undertakes to:
- Pay the price set on the SITE
- Comply with all applicable laws and regulations
- Inform the SERVICE PROVIDER of any information of which it may have knowledge and which could have an impact on the execution of these General Conditions.
The SERVICE PROVIDER undertakes, within the framework defined by these General Conditions, to implement all means to allow the execution of the SERVICES ordered by the CUSTOMER.
Article 8. Proof and archiving
The SERVICE PROVIDER agrees to archive this information in order to monitor transactions and produce a copy of the contract at the CLIENT's request.
In the event of a dispute, the SERVICE PROVIDER will be able to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.
Article 9. Liability
The SERVICE PROVIDER may not be held responsible, or considered to have failed in these terms, for any delay or non-performance, when the cause of the delay or non-performance is related to a case of force majeure as defined by case law. French courts and tribunals.
It is also specified that the SERVICE PROVIDER does not control websites which are directly or indirectly linked to the SITE. Consequently, it excludes all liability for the information published there. Links to third party websites are provided for informational purposes only and no warranty is given as to their content.
Article 10. Personal data
The data collected by the SERVICE PROVIDER is used to process orders placed on the SITE, manage the CLIENT's account, analyze the orders and, if the CLIENT has chosen this option, send him commercial prospecting letters, newsletters, sms. , promotional offers and / or information on special sales, unless the CLIENT no longer wishes to receive such communications from the PROVIDER. The CLIENT's data are kept confidentially by the SERVICE PROVIDER in accordance with his declaration made to the CNIL, for the purposes of the contract, its execution and in compliance with the law.
CUSTOMERS can unsubscribe at any time by accessing their account or by clicking on the hypertext link provided for this purpose at the bottom of each offer received by email. The data may be communicated, in whole or in part, to the SERVICE PROVIDER's service providers involved in the ordering process. For commercial purposes, the SERVICE PROVIDER may transfer the names and contact details of its CLIENTS to its business partners, provided that they have given their prior consent when registering on the SITE.
The SERVICE PROVIDER will specifically ask CUSTOMERS if they wish their personal data to be disclosed. CUSTOMERS may change their mind at any time or by contacting the SERVICE PROVIDER. The SERVICE PROVIDER may also ask its CLIENTS if they wish to receive commercial solicitations from its partners.
In accordance with the law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms, the CUSTOMER has the right to access, rectify, oppose (for legitimate reasons) and delete of his personal data. He may exercise this right by sending an email to the address: firstname.lastname@example.org or by sending a letter to Parc des Rouges Barres, 6-10 rue Marcel Dassault 59700 Marcq en Baroeul.
It is specified that the CUSTOMER must be able to prove his identity, either by scanning an identity document, or by sending the SERVICE PROVIDER a photocopy of his identity document.
Article 11. Complaints
Article 12. Intellectual property
These elements are the exclusive property of the SERVICE PROVIDER. Anyone who publishes a website and wishes to create a direct hypertext link to the SITE must request the PROVIDER's authorization in writing.
This authorization from the SERVICE PROVIDER will in no case be granted definitively. This link must be removed at the request of the PROVIDER. Hypertext links to the SITE which use techniques such as framing or insertion by hypertext links (in-line linking) are strictly prohibited.
Article 13. Validity of the General Conditions
All conditions not expressly dealt with herein will be governed in accordance with the practice of the retail sector, for companies headquartered in France.
Article 14. Modification of the General Conditions
These General Conditions apply to all orders for SERVICES made online on the SITE, as long as the SITE is available online.
The General Conditions are dated precisely and may be modified and updated by the SERVICE PROVIDER at any time. The applicable General Conditions are those in force at the time of the order.
The modifications made to the General Conditions will not apply to the SERVICES already purchased.
Article 15. Jurisdiction and applicable law
In the event of a dispute, only the French courts will be competent.
If no agreement is reached, an optional mediation procedure will then be offered, conducted in a spirit of loyalty and good faith with a view to reaching an amicable agreement upon the occurrence of any conflict relating to this contract, including relating to on its validity.
The party wishing to implement the mediation process must first inform the other party by registered letter with acknowledgment of receipt indicating the elements of the conflict. If at the end of a period of seven (7) days, the parties do not reach an agreement, the dispute may be submitted to a conventional or judicial mediator.
In the event that mediation fails or is not considered, the dispute that may have given rise to mediation will be entrusted to the competent court designated above.
ANNEX 1 TERMS OF EXERCISE OF THE RIGHT OF WITHDRAWAL
The CUSTOMER has the right to withdraw from this contract without giving any reason within fourteen days.
The withdrawal period expires fourteen (14) calendar days after the day of the conclusion of the contract between the SERVICE PROVIDER and the CUSTOMER.
Notification of the right of withdrawal
He can also use the form below:
In order for the withdrawal period to be respected, the CUSTOMER must send his communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
Effects of withdrawal
In the event of withdrawal from the CUSTOMER, the SERVICE PROVIDER undertakes to reimburse all sums paid without undue delay and, in any event, no later than fourteen (14) days from the day on which the SERVICE PROVIDER is informed. of the CLIENT's desire to withdraw.
The SERVICE PROVIDER will reimburse using the same means of payment as the CUSTOMER used for the initial transaction, unless the CLIENT expressly agrees on a different means, in any event, this reimbursement will not incur costs. to the customer. If the CUSTOMER has requested to start the execution of the SERVICE during the withdrawal period, the CUSTOMER must pay the SERVICE PROVIDER an amount proportional to what has been provided to him until the time of his withdrawal, this amount being calculated in relation to the all the services provided for in the CONTRACT.
Exclusions from the right of withdrawal
The right of withdrawal is excluded in the following cases:
- Supply of goods or services whose price depends on fluctuations in the financial market
- Supply of goods made to the CUSTOMER's specifications or clearly personalized
- Supply of goods liable to deteriorate or expire rapidly
- Provision of sealed audio or video recordings or software which have been unsealed after delivery
- Newspaper, periodical, magazine (except subscription contract)
- Provision of accommodation services other than for residential purposes, transport of goods, car rental, catering or services related to leisure activities if the offer provides for a specific date or period of execution
- Supply of goods which by their nature are inseparably mixed with other items
- Supplies of sealed goods that cannot be returned for reasons of health protection or hygiene and which have been unsealed by the CUSTOMER after DELIVERY
- The supply of alcoholic beverages the price of which was agreed at the time of the conclusion of the sales contract, the delivery of which can only be made after 30 days and the real value of which depends on fluctuations in the market beyond the control of the SERVICE PROVIDER
- Supply of digital content not supplied dematerialized if the execution has started with the express prior consent of the consumer, who has also acknowledged that he will thus lose his right of withdrawal
- Contracts concluded during a public auction