Terms and Conditions of Use

General terms of use of the website allvaron.com

applicable from 30/07/2023

ARTICLE 1. PARTIES

These general terms and 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 referred to as "the Publisher" and any individual or legal entity, whether private or public, registered on the Site to purchase a Product, hereinafter referred to as "the Customer".

 

ARTICLE 2. DEFINITIONS

"Customer": any individual or legal entity, whether private or public, registered on the Site.

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

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

"Internet user": any individual or legal entity, whether private or public, connecting to the Site.

"Product": any type 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 OF APPLICATION

The Site is freely accessible to all Internet users. Browsing the Site implies acceptance of these general terms and conditions by every Internet user. Simply connecting to the Site, by any means whatsoever, including via a robot or a browser, constitutes full and complete acceptance of these general terms and conditions. When registering on the Site, this acceptance will be confirmed by checking the corresponding box.

The User thereby acknowledges having fully read and accepted them without reservation. 

By ticking the above-mentioned box, it will be deemed to have the same value as a handwritten signature by the User. The User acknowledges the evidential value of the Publisher's automatic recording systems and, unless they provide evidence to the contrary, waives the right to contest them in the event of a dispute.

These general terms and conditions apply to the relationship between the parties to the exclusion of all other conditions, in particular those of the User. 

Acceptance of these general terms and conditions by Users implies that they have the necessary legal capacity to do so, or, failing that, that they have the authorization of a guardian or curator if they are legally incapacitated, of their legal representative if they are minors, or that they hold a mandate if acting on behalf of a legal entity.

ARTICLE 4. PURPOSE OF THE SITE

The purpose of the Site is to sell Products to Customers.

ARTICLE 5. CUSTOMER SERVICE

The Site's customer service is available 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 post at the address indicated in Article 1 of these general terms and conditions. In the latter two cases, the Publisher undertakes to respond within 2 working days.

 

ARTICLE 6. PERSONAL ACCOUNT

6.1. Creating a personal account

Creating a personal account is an essential prerequisite for any order placed by a User on the Site. To this end, the User will be asked to provide a certain amount of personal information. Some of this information is considered essential for the creation of the personal account. If a User refuses to provide the said information, this will prevent the creation of the personal account and, consequently, 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 therefore undertakes not to transmit or disclose it to any third party. Otherwise, the Publisher cannot be held responsible for unauthorized access to a User's personal space.

The Client undertakes to regularly check their personal data and to make any necessary updates and modifications online from their personal space.

6.2. Content of the Personal Space

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

The pages relating to personal spaces may be freely printed by the account holder in question, but do not in any way constitute admissible evidence in court. They are for informational purposes only, intended 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.

6.3. Deletion of the Personal Space

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

This exclusion does not preclude the possibility for the Publisher to initiate legal proceedings against the Client, when the facts so justify.

ARTICLE 7. PERSONAL DATA

As part of its service, the Publisher may process personal data of its Customers.

7.1. Identity of the Data Controller

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

7.2. Identity of the Data Protection Officer

The Data Protection Officer is: Etienne Deshoulières, 121 boulevard de Sébastopol 75002 Paris, contact@deshoulieres-avocats.com, 01 77 62 82 03, www.deshoulieres-avocats.com" always ensuring to create a hyperlink on the URL of our website

7.3. Collected Data

7.3.1. Data collected from customers

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

7.3.2. Purposes of collecting personal data

The data collected during the contractual relationship is subject to automated processing for the following purposes:

  • fulfill contractual obligations;
  • contact Customers;
  • prevent any unlawful or illegal activity;
  • enforce the general terms and conditions;
  • initiate legal proceedings;
  • verify the identity of Customers;
7.3.3. Legal bases for processing

The data collected is legally based on a contractual relationship.

7.3.4. Data recipients

The data collected is accessible only by the Publisher, and strictly limited to what is necessary for fulfilling contractual obligations.

This data, whether in individual or aggregated form, is never made freely viewable by any third party individual.

7.3.5. Retention period of personal data

The personal data collected is retained for the duration of the contractual relationship, and for as long as the Publisher may be held liable. 

Once the retention period has expired, the Publisher undertakes to permanently delete the data of the individuals concerned without keeping a copy.

7.3.6. Security and confidentiality of personal data

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

Access to the Publisher's premises is also secured.

7.3.7. Data minimization

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

The Publisher guides its Clients to provide only the personal data strictly necessary for the fulfillment of contractual obligations. 

The Publisher undertakes to retain and process only the data strictly necessary for its professional activities, and will delete any data received that is not useful for its activities as soon as possible.

7.4. Respect for rights

Clients of the Publisher have the following rights regarding their personal data, which they may exercise by writing to the Publisher's postal address or by completing the online contact form.

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

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

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

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

7.4.2. Right to rectification, erasure, and right to be forgotten

Clients of the Publisher have the option to request the rectification, updating, blocking, or deletion of their personal data, which may, where appropriate, prove to be inaccurate, incorrect, incomplete, or obsolete.

Clients of the Publisher may also define general and specific instructions regarding the fate of their personal data after their death. Where applicable, the heirs of a deceased person may request that the death of their relative be taken into account and/or that the necessary updates be made.

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

7.4.3. Right to object to data processing

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

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

7.4.4. Right to data portability

The Publisher's Clients have the right to receive the personal data they have provided to the Publisher in a transferable, open, and readable format. 

7.4.5. Right to restriction of processing

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

7.4.6. Response times

The Publisher undertakes to respond to any request for access, rectification, or objection, or any other additional request for information, within a reasonable period not exceeding 1 month from receipt of the request.

7.4.7. Complaint to the competent authority

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

7.5. Transfer of collected data 

7.5.1. Transfer to partners

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

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

The Publisher uses the following subcontractors:

Partner Quality Destination country Processing completed 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 in order to generate reports on User interactions. https://www.facebook.com/policy.php
Google Analytics Processor and Joint controller USA (Privacy Shield) Preparation of commercial statistics in order to generate reports on User 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 customer reviews on products, services, or content. https://www.facebook.com/policy.php
7.5.2. Transfer upon request or court order

Clients also consent to the Publisher disclosing the collected data to any person, upon request from a state authority or by court order. 

7.5.3. Transfer 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, Clients consent to the collected data being transferred by the Publisher to this company and for this company to process the personal data referred to in these General Terms of Service in place of the Publisher.

ARTICLE 8. INTELLECTUAL PROPERTY 

8.1. Legal protection of the Site Content

The Content of the Site may be protected by copyright and database rights. Any representation, reproduction, translation, adaptation, or transformation, in whole or in part, carried out illegally and without the consent of the Publisher or its successors or assigns constitutes a violation of Books I and III of the Intellectual Property Code and may result in legal proceedings for counterfeiting.

8.2. Contractual protection of the Site Content

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

8.3. Protection of the general terms and conditions

The general terms and conditions of the Site, drafted by the law firm Deshoulières Avocats Associés (www.deshoulieres-avocats.com), are protected by commercial law. Any reproduction, in whole or in part, carried out without the consent of Deshoulières Avocats Associés may result in legal proceedings for unfair competition.

ARTICLE 9. FINAL PROVISIONS

9.1. Applicable law

These general terms and conditions are subject to French law. 

9.2. Amendments to 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 constitutes, where applicable, acceptance of the new general terms and conditions. 

9.3. Disputes

Pursuant to Ordinance No. 2015-1033 of August 20, 2015, any disputes that may arise in connection with the performance of these general terms and conditions and for which an amicable solution could not be found 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: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show

Since January 1, 2016, mediation has been mandatory for everyone. Thus, any professional selling to individuals is required to provide the contact details of a competent Mediator in the event of a dispute, regardless of whether sales are made remotely or in a physical store (Source: FEVAD).

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

9.4. Entirety

The invalidity of any clause of this contract shall not entail the invalidity of the other clauses of the contract or of the contract as a whole, which shall remain in full force and effect. In such a case, the parties shall, to the extent possible, replace the invalidated provision with a valid provision corresponding to the spirit and purpose of these terms.

9.5. No waiver

The failure of the Publisher to exercise the rights granted to it herein shall in no way be interpreted as a waiver of asserting said rights.

9.6. Telephone solicitation

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

9.7. Languages of these general terms and conditions

These general terms and conditions are provided in French.

9.8. Unfair terms

The provisions of these general terms and conditions apply subject to compliance with the mandatory provisions of the Consumer Code regarding unfair terms in contracts concluded between a professional and a consumer.