General terms of sale and legal information
DEFINITIONS
The terms and expressions hereinafter referred to shall mean, when preceded by a capital letter, for the purposes of the interpretation and performance hereof:
“Buyer”: any natural person who is acting for purposes that do not fall within the scope of his or her commercial, industrial, artisanal or liberal activity;
“Order”: any commitment by the Buyer to purchase one or more Products on the Web Site;
“GTC”: the general terms and conditions of sale which are the subject hereof;
“Delivery Period”: the period between the date of Order Validation and the date of receipt of the Order by the Buyer;
“Personal Space”: the secure space created by the Buyer, allowing him/her to place Orders for Products, to store his/her proofs of purchase, and to manage his/her personal information;
“Delivery Costs”: all costs incurred by the Company to deliver the Order to the delivery address indicated by the Buyer;
“Products”: All items offered for sale on the Website;
“Website”: The website published by CBM direct and accessible from the address https://corinnebensimonmaison.com
“Company”: CBM Direct, whose identity is specified in Article 1;
“Order Validation”: date on which the Buyer confirms the order by clicking on the validation button in accordance with the stipulations of Article 2;
References to Articles are references to the Articles of this Agreement, unless otherwise provided.
Any reference to the singular includes the plural and vice versa.
Any reference to one gender includes the other.
LEGAL INFORMATION AND SCOPE OF APPLICATION
The Website is published by CBM Direct, whose registered office is at 31 rue de Douai, 75009 Paris, France. represented by Franck BITON
The Company can be reached by e-mail by clicking on the contact form accessible via the home page of the Website.
The Website is hosted by wordpress
Franck BITON is the Website’s publication director and is responsible for its editorial content.
The Website is freely accessible to all Internet users. Its purpose is the presentation and online sale of Products to Buyers.
ACCEPTANCE OF THE TERMS AND CONDITIONS (CGV).
These GCS apply to all sales made through this website between a Buyer and the Company. The Company reserves the right to modify these GCS at any time by publishing a new version on its Website. Validation of an Order on the Internet Site implies acceptance of the GCS by the Buyer. The applicable GCS are those in force on the date of Order Validation. They can be consulted on the Web Site. Prior to Order Validation, the Company ensures that the Buyer’s acceptance of the GCS is clear and unreserved by placing a checkbox and a validation click. By doing so, the Buyer :
– declares to have read and understood all the terms and conditions and to accept them without restriction or reservation,
– acknowledges that he/she has received the necessary advice and information to ensure that the offer meets his/her needs,
– declares that he/she is legally capable of entering into a contract under French law, or that he/she validly represents the natural person on whose behalf he/she is entering into a contract,
– acknowledges the evidential value of the automatic recording systems of the editor of the present Internet Site and, unless he/she can provide proof to the contrary, waives the right to contest them in the event of a dispute.
ORDERS
The essential characteristics of the Products and their respective prices are made available to the Buyer on the Website. Products are offered for sale subject to availability. In order to place an Order, the Buyer may select one or more Products and add them to his/her basket. When the Order is complete, the Purchaser can access his/her basket by clicking on the button provided. By consulting the basket, the Purchaser will be able to check the number and nature of the Products selected, as well as their unit price and the total cost of the Order, including delivery costs. They will be able to remove one or more Products from their basket and modify their options. This summary will show all Products and services invoiced or offered. It will also indicate the Buyer’s right to exercise his right of withdrawal and the time limit for doing so, as also stipulated in Article 8. If the Purchaser is satisfied with the Order and wishes to validate it, he/she may click on the “Order” button. The Purchaser will then be taken to an identification form, where he/she can either enter his/her login details for his/her Personal Space, if he/she already has them, or create a Personal Space on the Website by completing the form presented to him/her, with his/her personal details, as stipulated. Once connected to their Personal Space (directly or after validation of the form), the Purchaser will be invited to check or modify their billing and delivery details, to choose a payment method and then to make their payment by being redirected to the Paypal secure payment interface. Once payment has been received by the Company, the latter undertakes, within a maximum of 24 hours :
– to acknowledge receipt to the Buyer electronically;
– to send the Purchaser an e-mail summarizing the Order and confirming that it has been processed, including all information concerning the Order, the Products ordered and their delivery.
If a Product is unavailable after the Order has been validated, the Buyer will be promptly informed by email and the missing Product will automatically be removed from the Order and refunded to the Buyer.
PRICE
The prices indicated on the Website are in Euros, inclusive of all taxes, and do not include delivery charges, the amount of which is specified before the Order is validated. These prices may be modified at any time by the Company without prior notice. The price of the Products is that displayed on the Website at the time of Order Validation. Delivery costs will be indicated to the Buyer prior to payment and will be calculated according to the delivery address. For deliveries outside mainland France, the Buyer is invited to contact Customer Service.
RETENTION OF TITLE CLAUSE
The Products remain the property of the Company until full payment has been received.
PAYMENTS
The Buyer may pay for his/her Order by PayPal. By providing his/her bank card details, the Buyer authorizes the Company to debit his/her bank card for the amount corresponding to the price of the Order. To this end, the Buyer confirms that he/she is the holder of the bank card to be debited and that the name appearing on the bank card is indeed his/her own. The Purchaser provides the sixteen digits and expiry date of his/her credit card, as well as, where applicable, the visual cryptogram numbers. The price of the transaction is immediately debited from the Purchaser’s bank card after verification of the card details, and on receipt of debit authorization from the company issuing the bank card used by the Purchaser. In the event of the price not being debited, the sale will be immediately terminated by operation of law and the Order will be cancelled. However, in accordance with Article L. 132-2 of the French Monetary and Financial Code, the commitment to pay by credit card is irrevocable, and will be deemed to constitute payment of the sums incurred for the delivery of the Product(s) ordered, should these costs be incurred. In the event of fraudulent use of a bank card, the Buyer is invited to contact Customer Services in accordance with the conditions set out in Article 8.
DELIVERY
Deliveries are made by La Poste or an equivalent private service in tracked parcels. The Buyer is invited to contact Customer Service under the conditions set out in Article 8.
– Delivery methodOrders are delivered by La Poste and its partners.
– Delivery addressThe Purchaser chooses a delivery address, failing which the Order will be refused. The Buyer is solely responsible for any failure to deliver due to a lack of information in the delivery address indicated at the time of the Order. The Buyer authorizes the Company to communicate his/her identity and delivery address to La Poste and/or its Partners.
– Delivery timeDelivery: Orders are delivered within fifteen (15) working days of receipt of payment. However, some Products may require a longer delivery time. In such cases, the Buyer will be informed of this when the Order is validated.
– If the Products delivered do not correspond to the Order, the Buyer may contact Customer Service under the conditions set out in Article 8. In this case, the cost of returning the Products will be borne by the Company.
– Damage and partial losses In accordance with Article L 133-3 of the French Commercial Code, receipt of the Order extinguishes any action against the carrier for damage or partial loss if, within three (3) days, not including public holidays, following receipt, the Buyer has not notified the carrier of his justified protest by registered letter. A copy of this letter must also be sent by the Buyer to the Company by registered mail. Where applicable, the stipulations of article 14 of these GCS shall apply.
CONSUMER RIGHTS PROVISIONS
– Customer service You can reach us by e-mail sitecorinnebensimonmaison@gmail.com or by post to the Company’s head office: CBM Direct 31 rue de Douai , 75009 Paris
– The Company undertakes to reply within five (5) working days of receipt of the request.
– Right of withdrawal Right of return: in accordance with current legislation, the Buyer has a period of fourteen (14) days from the date of receipt of the Order to request an exchange or refund, without having to give reasons. In order to exercise this right, the Product(s) must be returned (at the Buyer’s expense) to the Company’s registered address: CBM Direct 31 rue de Douai, 75009 Paris, together with a letter requesting either a refund or an exchange. The right of withdrawal is exercised without penalty. The Product(s) must be returned in their original packaging, in their original condition, new and unworn. The Buyer can track his request for refund or exchange via his personal space.
– Delivery delay Late delivery: any delay in delivery of more than seven (7) days may result in the cancellation of the sale at the Buyer’s initiative, by simple written request sent by registered letter with acknowledgement of receipt. In this case, the Buyer will be reimbursed for the sums incurred by him/her at the time of the Order. The present clause is not intended to apply if the delay in delivery is due to force majeure beyond the Company’s control. In such a case, the Buyer undertakes not to take any legal action against the Company and waives the right to invoke the rescission of the sale provided for in the present Article.
PRODUCT WARRANTIES
All Products sold on the Internet Site are marketed in compliance with the legislative and regulatory provisions in force and benefit from all the approvals necessary for their marketing. The compulsory displays required by the legislative and regulatory provisions in force will be made on the Internet Site and in particular in the summary estimate of the Order and the description sheet of each Product. In the event of a defect in a purchased Product, the Buyer has a period of two years from the date of discovery of the defect in which to request an exchange or refund, in accordance with the provisions of the French Civil Code concerning the legal guarantee against hidden defects. Furthermore, in the event of non-conformity of the Product within the meaning of Article L.211-5 of the French Consumer Code, the Buyer has a period of two years from receipt of the Product to request exchange or reimbursement. In order to exercise one of these rights, it is up to the Buyer to return the parcel to CBM Direct’s head office at 31 rue de Douai, 75009 Paris, with an explanatory letter requesting either reimbursement or exchange. The cost of returning the parcel, in the latter case only, will then be reimbursed to the Buyer within a maximum period of thirty (30) days. In addition to the warranty against hidden defects defined by the French Civil Code and the warranty of good conformity imposed by Article L211-5 of the French Consumer Code, which are still applicable to them and are defined above, Products purchased on the Internet Site benefit from a conventional warranty offered by the Company, the duration of which is one (1) year from the date of Order Validation. As a latent defect is a defect in a thing which, under normal conditions of use, renders it unfit for the use for which it was intended, and the obligation of conformity is understood to mean the delivery of the thing as contractually agreed, the Company is not liable, even under the conventional warranty, for normal wear and tear of the Products, accidental damage or damage resulting from abnormal use of the Products.
PERSONAL SPACE
The creation of a Personal Space is an essential prerequisite to any Order placed by an Internet user on this Website. To this end, the Buyer will be asked to provide a certain amount of personal information. The Buyer undertakes to provide accurate information and not to usurp the identity of a third party, nor to modify his/her age. Only information marked with an asterisk is compulsory in order to create the Personal Space and allow the Buyer to place an order. When creating the Personal Space, the Internet user is invited to choose a password. This password guarantees the confidentiality of the information contained in the “my account” section, and the Internet user is therefore prohibited from transmitting or communicating it to a third party. Failing this, the Website may not be held responsible for unauthorized access to an Internet user’s account. This space enables the Buyer to consult all his Orders made on the Internet Site, and also enables him, where applicable, to track the delivery of Products purchased.
PERSONAL DATA
In accordance with the French Data Protection Act of January 6, 1978 in its latest version in force and the European Data Protection Regulation 2016/679 of April 27, 2016 which came into force on May 25, 2018, the Buyer has the right to access, rectify, delete, limit, port, oppose the processing of his/her personal data as well as the right to define directives concerning the fate of his/her personal data after his/her death. To exercise this right, the Buyer may make a request to Customer Services under the conditions set out in article 8 of these GTC. The Buyer may also lodge a complaint with the Commission Nationale de l’Informatique et des Libertés at any time. The Company implements all security measures to ensure appropriate security of the Buyer’s personal information, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organizational measures(integrity and confidentiality). CBM direct attaches great importance to protecting and respecting your privacy. The purpose of this policy is to inform you of our practices regarding the collection, use and sharing of information that you may provide to us through our website www. corinnebensimonmaison.com Changes may be made from time to time, so please check this page regularly. If you have any questions about this policy, please contact us by e-mail : sitecorinnebensimonmaison@gmail.com Types of data collected The following data may be collected: 1-data required to register for the service we provide on our Platform or to access any other service provided by us. This data includes your first and last name, e-mail address and telephone number. This information is mandatory. 2-The data related to your location when you have accepted that we collect and process this data for the delivery of your order. 3-In the event that you connect to our services using the social networking features made available to you, CBM direct will have access to some of the data (in particular, your first name, last name, photograph, e-mail address and number of Facebook friends) in your account on said social network in accordance with the general terms of use of the social network concerned. We may also collect some of your Personal Data when you interact with features of these social networks, such as “Like” features. 4-During each of your visits, we may collect, in accordance with applicable legislation and with your consent, where applicable, information relating to the devices on which you use our services or the networks from which you access our services, such as in particular your IP addresses, connection data, types and versions of Internet browsers used, types and versions of your browser’s plugins, operating systems and platforms, data concerning your browsing on our site, including your path through the various URL pages, the content you access or consult, the search terms used, download errors, the duration of consultation of certain pages, your device’s advertising identifier, interactions with the page and any telephone number used to contact us. Among the technologies used to collect this information, we make particular use of cookies 5-Without any action on your part, your data will be kept for 10 years after your last visit 6-Your data is kept in the European Union Use of collected data We use the data we collect in order to : 1- execute the sale concluded between you and us and provide you with the information and services requested; 2- send you information on our services by e-mail, SMS or any other means of communication. 3- send you, in accordance with applicable legal provisions and with your consent where required by law, marketing, advertising and promotional messages and information relating to the use of our services, or suggest and advise you of goods or services likely to be of interest to you. We may also use your data to send you advertising messages that may be of interest to you on social networking platforms or third-party sites. 4- to help us maintain a safe and secure environment on our site. 5-evaluate the effectiveness of the advertising messages we send and adapt them to our members. Recipients of the data collected 1- social networking platforms 2- our commercial partners on whose websites we may advertise our services 3- subcontractors we use for technical services, or suppliers of analytical solutions. 4- members of our team, in the case of contact processes. 5- providers of search engines and analytical solutions to improve and optimize our site 6-the authorities when we are legally obliged to do so 7-a third party to whom the company in whole or in part may be transferred N.B: when you decide to let us access your personal data through other services (connection, bank), their privacy policy is also binding on you. We have no control over the processing of your data by our partners. In accordance with current legislation, we may use your personal data for the purposes of providing information, inviting you to our events and canvassing. You may withdraw your consent at any time by sending us a request by e-mail to the following address sitecorinnebensimonmaison@gmail.com by unsubscribing from our list by clicking on the link at the end of each e-mail, or on social networks, by configuring your account’s advertising settings. Your rights regarding your personal data You have the right to obtain a copy of all the personal data we hold about you by sending a request to the following address: sitecorinnebensimonmaison@gmail.com Should the data contained in the Personal Space section disappear as a result of a fortuitous event, technical failure or force majeure, the Company cannot be held liable, as this information has no probative value and is for information purposes only. The Company reserves the exclusive right to delete the Personal Space of any member who has contravened these GCS, or any Personal Space that has been inactive for at least one year. Such deletion shall not constitute a loss for the excluded member, who shall not be entitled to claim any compensation as a result.
NEWSLETTERS
By ticking the box provided for this purpose or by expressly agreeing to this, the Purchaser accepts that the Company and/or its partners may send him/her, at a frequency and in a form determined by themselves, a newsletter which may include information relating to their activities. Subscribing members will have the option of unsubscribing from the newsletter by clicking on the link provided for this purpose in each newsletter. The Company cannot be held responsible for the content, data or form of newsletters sent by the aforementioned partners, whatever the prejudice suffered by the Buyer. Any complaint must be made directly to the newsletter sender.
INFORMATION ON THE COLLECTION OF COOKIES
The Website uses cookies (connection cookies), of which the Internet user is informed on entering the Website, to record information relating to the computer’s browsing on the Website. These cookies are only installed once the user has accepted them, and continued browsing of the Website constitutes acceptance. Users may refuse the use of cookies by adjusting their browser settings, although access to certain services may require prior acceptance of cookies. When you access our site, you are informed that the site www.corinnebensimonmaison.com uses cookies. These cookies can only be installed after acceptance by the user. The following actions constitute acceptance: – clicking on the ok button on the banner, – displaying a second page, – scrolling down the first page, – click interaction. Cookies are small files of browsing information that are recorded or read by your browser and deposited by the websites you visit. They make interactions with the sites safer and faster. There are several types of cookies: -Cookies that are essential for the site to function properly: they enable you to move around and use all the site’s basic functions. They are anonymous data. -Functionality cookies: these are used to record your browsing preferences (contact details, language) and facilitate your subsequent visits. Analysis cookies: these enable us to collect traffic data (recognition, counting the number of visits, etc.), analyze how our site is used and correct any errors. -Advertising cookies: these record your visit to our site, the pages consulted and the links followed. They enable us to display advertising relevant to your interests. Third-party cookies: these enable us to track your use of the site in order to optimize your browsing experience and display relevant advertising on other sites. If you refuse to accept a cookie, you may not be able to access certain services. However, users can configure their computers as follows to refuse the installation of cookies: In Internet Explorer: Tools tab (wheel-shaped icon at top right) / Internet options. Click on Confidentiality and select Block all cookies. Confirm with Ok. Firefox: at the top of the browser window, click on the Firefox button, then go to the Options tab. Click on the Privacy tab. Set the Retention Rules to: use personalized settings for history. Finally, uncheck it to disable cookies. On Safari: Click on the menu icon (symbolized by a cog) in the top right-hand corner of the browser. Select Settings. Click on Show advanced settings. In the “Privacy” section, click on “Content settings”. In the “Cookies” section, you can block cookies. Under Chrome: Click on the menu icon (symbolized by three horizontal lines) in the top right-hand corner of the browser. Select Settings. Click on Show advanced settings. In the “Privacy” section, click on Preferences. In the “Privacy” tab, you can block cookies.
EXEMPTIONS FROM THE COMPANY’S LIABILITY IN CONNECTION WITH THE PERFORMANCE OF THIS CONTRACT
In the event of inability to access the Website, due to technical or other problems, the Buyer shall not be entitled to claim any damages or compensation. By express agreement between the parties, the Buyer acknowledges that the Company will only be in a position to perform the obligations entered into at the time of Order Validation when it is in possession of all the elements required and requested during the Order process. In the event of delivery of an obviously and visibly damaged parcel, it is the Buyer’s responsibility to refuse it in order to benefit from the guarantee offered by the carrier, as defined in article 7 of these GCS. The Buyer must also inform the Company without delay, so that a new parcel can be prepared and dispatched as soon as the damaged parcel is received. In such a case, the delivery times indicated above in these GCS will no longer apply. The unavailability of one or more Products, even for a prolonged period and without any time limit, shall not constitute a prejudice for the Buyer and shall in no way give rise to the awarding of damages by the Company. The visual representations of the Products published on this Internet Site are guaranteed to be faithful to reality, in order to meet the Company’s obligation to provide information. However, given the current state of the art, the rendering of these representations, particularly in terms of color or shape, may vary considerably from one computer workstation to another, or may differ from reality depending on the quality of graphic accessories and the screen or display resolution. These variations and differences cannot under any circumstances be attributed to the Company, which cannot be held liable for them. The hypertext links present on the present Internet Site may lead to other Internet sites, and the publisher of the present Internet Site may not be held liable if the content of these sites contravenes current legislation. Likewise, the publisher of the present website may not be held liable if the user’s visit to one of these sites causes prejudice.
INTELLECTUAL PROPERTY RIGHTS
Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the Company. No transfer of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these assets for any reason whatsoever is strictly prohibited.
FORCE MAJEURE
The performance of the Company’s obligations hereunder shall be suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent such performance. The Company will notify the Buyer of the occurrence of such an event as soon as possible.
INVALIDITY AND AMENDMENT OF THE CGV
Should any provision of these GTS be invalidated, this shall not invalidate the other provisions, which shall remain in force. In accordance with the provisions of Article 2 of the GCS, the Company reserves the right to modify these GCS at any time by publishing a new version on its website. Any contractual modification subsequent to the Order Validation will not be enforceable against the Buyer.
APPLICABLE LAW AND COMPETENT COURTS
All clauses contained in these GTS, as well as all operations referred to herein, shall be governed by French law. For any claim relating to the use of the Web Site, its content, Orders, and more generally for any dispute relating to these GTS, the Buyer may contact Customer Services in accordance with the stipulations of Article 8 of the GTS. Failing amicable settlement, any dispute relating to the purchase of Products on the Web Site, or more generally in connection with the use of the Web Site, shall be submitted to the French courts, irrespective of the place of residence of the Purchaser and/or the place where the Product Order was placed.