Terms of Sales

"Same for the GTC but note that the site is allvaron.com now ```"

"General terms and conditions of sale of the website" allvaron.com

"applicable from" 30/07/2023

"ARTICLE 1. PARTIES"

"These general conditions apply between SHOPADVENTURE SAS, share capital: 2000 €, registered with the RCS of 904295003 in France on 18/10/2021, under number 904295003, registered office:" "1 AVENUE D'ESTER, 87069 LIMOGES CEDEX 3, FR, phone: +33518270003, email: hello@allvaron.com, VAT number: FR79904295003, hereinafter "the Publisher" and any natural or legal person, under private or public law, registered on the Site to purchase a Product, hereinafter "the Client"."

"ARTICLE 2. DEFINITIONS"

"Client": any natural or legal person, under private or public law, registered on the Site."

"Site Contents: elements of any kind published on the Site, protected or not by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software."

"The Publisher": SHOPADVENTURE SAS acting as the publisher of the Site.

"Internet user": any person, natural or legal, private or public law, connecting to the Site.

"Product": any kind of good sold on the Site by the Publisher to Customers.

"Site": website accessible at the URL allvaron.com, as well as related sub-sites, mirror sites, portals, and URL variations.

ARTICLE 3. SCOPE

The Site is freely and freely accessible to any Internet user. Browsing the Site implies acceptance by any Internet user of these general conditions. Simply connecting to the Site, by any means whatsoever, including through a robot or a browser, will constitute full and complete acceptance of these general conditions. Upon 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 above-mentioned box will be deemed to have the same value as a handwritten signature by the Internet user. The Internet user acknowledges the evidential value of the automatic recording systems of the Publisher and, unless he provides proof to the contrary, waives contesting them in case of dispute.

These general conditions apply to the relations between the parties to the exclusion of all other conditions, and in particular those of the Internet user.

Acceptance of these general conditions implies that Internet users have the necessary legal capacity for this, or failing that, that they have the authorization of a guardian or curator if they are incapacitated, of their legal representative if they are minors, or that they hold a mandate if they act on behalf of a legal entity.

ARTICLE 4. PURPOSE OF THE SITE

The Site is intended for the sale of Products to Customers.

ARTICLE 5. ORDER STEPS

5.1. Order

In order to place an order, Internet users can select one or more Products and add them to their cart. The availability of Products is indicated on the Site, in the descriptive sheet of each item. When their order is complete, they can access their cart by clicking on the button provided for this purpose.

5.2. Order validation by the Internet user

By consulting their cart, Internet users will have the ability to verify the number as well as the nature of the Products they have chosen and will be able to check their unit price, as well as their total price. They will have the option to remove one or more Products from their cart.

If their order is satisfactory, Internet users can validate it. They will then access a form where they can either enter their login credentials if they already have them, or register on the Site by completing the registration form with their personal information.

5.3. Payment by the Client

As soon as they are logged in or after they have fully completed the registration form, Clients will be invited to check or modify their delivery and billing details, then will be invited to make their payment by being redirected to the secure payment interface bearing the mention "order with payment obligation" or any similar wording.

5.4. Order confirmation by the Publisher

Once payment is effectively received by the Publisher, the latter undertakes to acknowledge receipt to the Client electronically within a maximum of 24 hours. Within the same timeframe, the Publisher commits to sending the Client a summary email of the order confirming its processing, including all related information.

ARTICLE 6. PRICE - PAYMENT

6.1. Price

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

Prices indicated on the Site are understood to be in euros, all taxes included, excluding delivery charges.

6.2. Payment method

The Client can make their payment via Paypal, Stripe, Shopify Payment.

For payments by credit card, the Publisher has no access to any data related to the Client's payment methods. Payment is made directly to the banking institution.

In case of payment by mandate, check, or bank transfer, delivery times only start from the date the payment is received by the Publisher.

6.3. Invoicing

The Publisher will send or make available to the Client an invoice electronically after each payment. The Client expressly agrees to receive invoices electronically.

6.4. Non-payment

The agreed payment dates cannot be delayed under any pretext whatsoever, including in case of dispute.

Any amount not paid on the due date will automatically and without formal notice incur late payment penalties calculated based on a rate equal to 3 times the legal interest rate, without this penalty affecting the enforceability of the principal amounts due.

Furthermore, any late payment will result in the defaulting Client being charged collection fees of 40 euros, the immediate payment of all outstanding amounts regardless of agreed deadlines, increased by a penalty of 20% of the amount as a penalty clause, as well as the possibility of unilaterally terminating the contract to the Client's detriment. This clause is within the framework of the provisions of article 1152 of the civil code allowing the judge to reduce the compensation if the judge considers it excessive.

6.5. Retention of title

The Products sold remain the property of the Publisher until full payment of their price, in accordance with this retention of title clause.

ARTICLE 7. CUSTOMER SERVICE

The Site's customer service is accessible from Monday to Friday from 09:00 to 17:00 at the following non-premium rate phone number: 0518270003, by email at: hello@allvaron.com or by postal mail at the address indicated in article 1 of these general conditions. In the last two cases, the Publisher commits to providing a response within 2 working days.

ARTICLE 8. PERSONAL SPACE

8.1. Creation of the personal space

Creating a personal space is an essential prerequisite for any order by a User on the Site. To this end, the User will be invited to provide a certain amount of personal information. Some of this information is considered essential for creating the personal space. A User's refusal to provide this information will prevent the creation of the personal space and, incidentally, the validation of the order.

When creating the personal space, the User is invited to choose a password. This password guarantees the confidentiality of the information contained in the personal space. The User is therefore prohibited from transmitting or communicating it to a third party. Otherwise, the Publisher cannot be held responsible for unauthorized access to a User's personal space.

The Client agrees to regularly verify the data concerning them and to carry out the necessary updates and modifications online from their personal space.

8.2. Content of the personal space

The personal space allows the Client to view and track all their orders placed on the Site.

The pages related to personal spaces can be freely printed by the account holder in question, but do not constitute admissible evidence in a court. They are only informative to ensure effective management of the Client's orders.

The Publisher undertakes to securely retain all contractual elements whose retention is required by law or applicable regulations.

8.3. Deletion of the personal space

The Publisher reserves the right to delete the account of any Client who violates these general conditions, notably when the Client provides inaccurate, incomplete, false, or fraudulent information, as well as when a Client's personal space has been inactive for at least one year. Such deletion shall not constitute a fault of the Publisher or damage to the excluded Client, who shall not be entitled to any compensation as a result.

This exclusion is without prejudice to the possibility for the Publisher to initiate legal proceedings against the Client when the facts justify it.

ARTICLE 9. PERSONAL DATA

As part of its service, the Publisher will process personal data of its Clients.

9.1. Identity of the data controller

The person responsible for the collection and processing of data on the Site is the Publisher.

9.2. 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 on the URL of our site

9.3. Data collected

9.3.1. Data collected from clients

As part of its contractual relationships, the Publisher may collect and process information from its Clients, namely: Email, First and last name, Phone, Address, state, province, postal code, city.

9.3.2. Data collected from clients

The data collected during the contractual relationship is subject to automated processing aimed at:

Initiate legal proceedings;
Verify the identity of Clients;

9.3.3. Legal bases for processing

The collected data is based legally on a contractual relationship.

9.3.4. Recipients of the data

The collected data is accessible only by the Publisher within the strictly necessary limits for the execution of contractual commitments.

These data, whether in individual or aggregated form, are never freely viewable by a third physical person.

9.3.5. Duration of retention of personal data

The personal data collected is kept for the duration of the contractual relationship, and for the time during which the Publisher's liability may be engaged.

After the retention period, the Publisher commits to permanently deleting the data of the concerned individuals without keeping a copy.

9.3.6. Security and confidentiality of personal data

Personal data is stored under secure conditions, according to current technical means, in compliance with the provisions of the General Data Protection Regulation and the applicable national legislation.

Access to the Publisher's premises is also secured.

9.3.7. Data minimization

The Publisher may also collect and process any data voluntarily transmitted by its Clients.

The Publisher guides its Clients so that they provide personal data strictly necessary for the execution of contractual commitments.

The Publisher commits to retaining and processing 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.

9.4. Respect of rights

Clients of the Publisher 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.

9.4.1. Right to information, access, and communication of data

Clients of the Publisher have the possibility to access the personal data concerning them.

Due to the obligation of security and confidentiality in the processing of personal data incumbent on the Publisher, requests will only be processed if Clients provide proof of their identity, notably by producing a scan of their valid identity document (in case of request via the dedicated electronic form) or a signed photocopy of their valid identity document (in case of request sent in writing), both accompanied by the statement "I solemnly declare that the copy of this identity document is true to the original. Done at … on …", followed by their signature.

To assist them in their process, Clients will find here a letter template developed by the Cnil.

9.4.2. Right to rectification, deletion, and right to be forgotten

The Publisher's Clients have the option to request the correction, update, locking, or deletion of their personal data which may, if applicable, be inaccurate, erroneous, incomplete, or obsolete.

The Publisher's Clients can also set general and specific directives regarding the fate of personal data after their death. If applicable, the heirs of a deceased person may require consideration of their relative's death and/or proceed with necessary updates.

To assist them in their process, Clients will find here a letter template developed by the CNIL.

9.4.3. Right to object to data processing

The Publisher's Clients have the option to object to the processing of their personal data.

To assist them in their process, Clients will find here a letter template developed by the CNIL.

9.4.4. 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.

9.4.5. Right to restriction of processing

The Publisher's Clients have the right to request that the processing of their personal data by the Publisher be limited. Thus, their data may only be retained and no longer used by the Publisher.

9.4.6. Response times

The Publisher commits to responding to any request for access, rectification, opposition, or any other additional information request within a reasonable timeframe not exceeding 1 month from receipt of the request.

9.4.7. Complaint to the competent authority

If the Publisher's Clients consider that the Publisher does not comply with its obligations regarding their personal data, they may file a complaint or request with the competent authority. In France, the competent authority is the CNIL, to which they can send a request here.

9.5. Transfer of collected data

9.5.1. Transfer to partners

The Publisher uses authorized service providers to facilitate the collection and processing of its Clients' data. These providers may be located outside the European Union.

The Publisher has previously ensured that its service providers implement adequate guarantees and comply with strict conditions regarding confidentiality, use, and data protection, for example through the US Privacy Shield.

The Publisher uses the following subcontractors:

Partner	Role	Recipient country	Processing carried out	Guarantees
Facebook Ads manager	Processor and Joint controller	USA (Privacy Shield)	Carrying out operations related to prospecting.	https://www.facebook.com/policy.php
Facebook Analytics	Processor and Joint controller	USA (Privacy Shield)	Preparation of commercial statistics to generate reports on Internet users' interactions.	https://www.facebook.com/policy.php
Google Analytics	Processor and Joint controller	USA (Privacy Shield)	Preparation of commercial statistics to generate reports on Internet users' interactions.	https://policies.google.com/privacy
Google Adwords	Processor and Joint controller	USA (Privacy Shield)	Carrying out operations related to prospecting.	https://policies.google.com/privacy
Facebook	Joint controller	USA (Privacy Shield)	Management of individuals' reviews on products, services, or content.	https://www.facebook.com/policy.php

9.5.2. Transfer upon request or judicial decision

Clients also agree that the Publisher may disclose the collected data to any person upon request by a state authority or by judicial decision.

9.5.3. Transfer in the context of a merger or acquisition

If the Publisher is involved in a merger, asset sale, financing operation, liquidation or bankruptcy, or in an acquisition of all or part of its business by another company, the Clients agree that the data collected may be transferred by the Publisher to that company and that this company will carry out the personal data processing referred to in these Terms of Service in place of the Publisher.

ARTICLE 10. PUBLISHER'S LIABILITY

10.1. Nature of the Publisher's obligations

The Publisher undertakes to exercise the necessary care and diligence in providing Products of quality conforming to the specifications of these General Conditions. The Publisher is only responsible for an obligation of means regarding the services subject to these terms.

10.2. Force majeure - Client's Fault

The Publisher shall not be held liable in case of force majeure or Client fault, as defined in this article:

10.2.1. Force majeure

For the purposes of these general conditions, any impediment, limitation or disruption of the Service due to fire, epidemic, explosion, earthquake, bandwidth fluctuations, failure attributable to the access provider, transmission network failure, collapse of installations, unlawful or fraudulent use of passwords, codes or references provided to the Client, hacking, a security breach attributable to the Site host or developers, flooding, power outage, war, embargo, law, injunction, request or requirement of any government, requisition, strike, boycott, or other circumstances beyond the reasonable control of the Publisher shall be considered a force majeure event enforceable against the Client. In such circumstances, the Publisher shall be exempt from performing its obligations to the extent of such impediment, limitation or disruption.

10.2.2. Client's Fault

For the purposes of these General Conditions, any misuse of the Service, fault, negligence, omission or failure on the part of the Client or their agents, non-compliance with the advice given by the Publisher on its Site, any unlawful disclosure or use of the password, Client codes and references, as well as providing incorrect information or failure to update such information in their personal space, shall be considered a fault of the Client enforceable against them. Also considered a fault of the Client is the implementation of any technical process, such as robots or automatic requests, whose use would contravene the letter or spirit of these general terms and conditions of sale.

10.3. Technical issues - Hyperlinks

In case of inability to access the Site due to technical problems of any kind, the Client may not claim any damage and may not claim any compensation. The unavailability, even prolonged and without any time limit, of one or more online services cannot constitute harm to the Clients and cannot in any way give rise to the granting of damages by the Publisher.

The hyperlinks on the Site may lead to other websites. The Publisher's liability cannot be engaged if the content of these sites violates applicable laws. Likewise, the Publisher's liability cannot be engaged if the User's visit to one of these sites causes them harm.

With the current state of technology, the rendering of the representations of the Products offered for sale on this Site, particularly in terms of colors or shapes, may vary significantly from one computer to another or differ from reality depending on the quality of graphic accessories and the screen or the display resolution. These variations and differences can in no case be attributed to the Publisher, who cannot be held liable for this.

10.4. Damages payable by the Publisher

In the absence of contrary legal or regulatory provisions, the Publisher's liability is limited to the direct, personal and certain damage suffered by the Customer and related to the failure in question. The Publisher cannot be held liable for indirect damages such as, in particular, data loss, commercial damages, loss of orders, damage to brand image, business disturbances and loss of profits or customers. Likewise, and within the same limits, the amount of damages charged to the Publisher shall in no case exceed the price of the ordered Product.

10.5. Hyperlinks and Site contents

The Site Contents are published for informational purposes only, without any guarantee of accuracy. The Publisher cannot be held responsible in any way for any omission, inaccuracy or error contained in this information that would cause direct or indirect damage to the User.

ARTICLE 11. INTELLECTUAL PROPERTY

11.1. Legal protection of the Site Contents

The Site Contents 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 rights holders or successors constitutes a violation of Books I and III of the Intellectual Property Code and may give rise to legal proceedings for infringement.

11.2. Contractual protection of the Site Contents

The User contractually agrees with the Publisher not to use, reproduce or represent, in any way whatsoever, the Site Contents, whether or not protected by intellectual property rights, for any purpose other than their reading by a robot or a browser. This prohibition does not apply to indexing robots whose sole purpose is to scan the Site content for indexing purposes.

ARTICLE 12. FINAL PROVISIONS

12.1. Applicable law

These general terms and conditions are subject to the application of French law.

12.2. Modifications of these general terms and conditions

These general terms and conditions may be modified at any time by the Publisher. The general terms and conditions applicable to the Customer are those in force on the day of their order or connection to this Site, any new connection to the personal space implying acceptance, if applicable, of the new general terms and conditions.

12.3. Disputes

Under Ordinance No. 2015-1033 of August 20, 2015, any disputes that may arise in the context of the execution of these general terms and conditions and whose solution could not be found amicably between the parties must be submitted.

Furthermore, the Customer is informed of the existence of the online dispute resolution platform, accessible at the following URL address: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show

Since January 1, 2016, mediation is mandatory for all. Thus, any professional selling to individuals is required to provide the contact details of a competent Mediator in case of dispute, regardless of whether they sell remotely or in a physical store (Source: FEVAD).

Sas Médiation Solution / https://www.sasmediationsolution-conso.fr/

12.4. Entirety

The nullity of one of the clauses of this contract shall not entail the nullity of the other clauses of the contract or of the contract as a whole, which shall remain in full effect and scope. In such a case, the parties shall, as far as possible, replace the annulled stipulation with a valid stipulation corresponding to the spirit and purpose of these terms.

12.5. Non-waiver

The failure by the Publisher to exercise the rights granted to them under these terms shall in no case be interpreted as a waiver to assert said rights.

12.6. Telephone solicitation

The Customer is informed that they have the possibility to register on the telephone solicitation opt-out list at the address http://www.bloctel.gouv.fr/.

12.7. Languages of these general terms and conditions

These general terms and conditions are offered in French.

12.8. Unfair terms

The provisions 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.

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