Terms and Conditions of Sale

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

General terms and conditions of sale 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, telephone: +33518270003, email: hello@allvaron.com, EU 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 Client”.

ARTICLE 2. DEFINITIONS

“Client”: any individual or legal entity, whether private or public, registered on the Site.

“Site Content”: elements of any kind published on the Site, whether or not protected by intellectual property rights, 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.

"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 and openly accessible to any User. Browsing the Site implies acceptance of these general terms and conditions by any User. Simply connecting to the Site, by any means whatsoever, including via a robot or browser, constitutes full and complete acceptance of these general terms and conditions. When registering on the Site, this acceptance will be confirmed by ticking the corresponding box.

By doing so, the User 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 proof 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 requires that users have the necessary legal capacity, or, failing that, that they have authorization from a guardian or curator if they are incapacitated, from 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. ORDER STEPS

5.1. Order

To place an order, users may select one or more Products and add them to their cart. The availability of Products is indicated on the Site, in the description page of each item. Once their order is complete, they can access their cart by clicking the designated button.

5.2. Order validation by the User

When reviewing their cart, users will be able to check the quantity and type of Products they have selected, as well as verify their unit price and total price. They will have the option to remove one or more Products from their cart.

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

5.3. Payment by the Customer

Once they are logged in or after they have fully completed the registration form, Customers will be invited to check or modify their delivery and billing details, then will be invited to make their payment by being redirected for this purpose to the secure payment interface displaying the mention "order with payment obligation" or any similar wording.

5.4. Order Confirmation by the Publisher

Once payment has been duly received by the Publisher, the latter undertakes to acknowledge receipt to the Customer electronically within a maximum period of 24 hours. Within the same period, the Publisher undertakes to send the Customer a summary email of the order confirming its processing, including all related information.

ARTICLE 6. PRICES - PAYMENT

6.1. Prices

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 prices displayed are valid only on the day of the order and do not apply in the future.

The prices indicated on the Site are in euros, all taxes included, excluding delivery charges.

6.2. Payment Method

The Customer may make their payment via Paypal, Stripe, Shopify Payment.

For payments by credit card, the Publisher does not have access to any data relating to the Customer's payment methods. Payment is made directly to the banking institution.

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

6.3. Invoicing

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

6.4. Payment Default

The agreed payment dates may not be postponed for any reason whatsoever, including in the event of a dispute.

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

Furthermore, any late payment will result in the defaulting Customer being charged collection fees in the amount of 40 euros, the immediate payment of all outstanding sums regardless of the 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 at the Customer's fault. This clause is in accordance with the provisions of Article 1152 of the Civil Code, which allows the judge to reduce the penalty if deemed 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 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 postal mail 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 business days.

ARTICLE 8. PERSONAL SPACE

8.1. Creation of the personal space

Creating a personal space is an essential prerequisite for any order placed by a User on the Site. To this end, the User will be asked to provide certain personal information. Some of this information is considered essential for the creation of the personal space. If a User refuses to provide the requested information, this will prevent the creation of the personal space 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 communicate it to any third party. Otherwise, the Publisher cannot be held responsible for unauthorized access to a User's personal space.

The Customer undertakes to regularly check the data concerning them and to make any 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 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 orders by the Client.

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 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 of the Publisher or damage for 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 so justify.

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 collecting and processing 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 ensuring 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 for the following purposes:

Initiate legal proceedings;
Verify the identity of Clients;

9.3.3. Legal bases for processing

The data collected is based on a contractual relationship.

9.3.4. Data recipients

The data collected can only be viewed by the Publisher, and only to the extent strictly necessary for the fulfillment of contractual commitments.

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

9.3.5. Duration of retention 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.

9.3.6. Security and confidentiality of personal data

Personal data is stored under secure conditions, using current technical 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.

9.3.7. Data minimization

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

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

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.

9.4. Respect for rights

Customers 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.

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

Customers 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 upon the Publisher, requests will only be processed if Customers provide proof of their identity, in particular by submitting a scan of their valid identity document (in the case of a request via the dedicated electronic form) or a signed photocopy of their valid identity document (in the case of a written request), both accompanied by the statement "I hereby certify that this copy of my identity document is a true copy of the original. Made at ... on ...", followed by their signature.

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

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

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

The Publisher's Clients may also define general and specific directives 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.

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 sample letter prepared 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 restricted. Thus, their data may only be retained and no longer used by the Publisher.

9.4.6. 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.

9.4.7. 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.

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 safeguards and comply with strict conditions regarding confidentiality, use, and data protection, for example through the U.S. 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 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

9.5.2. Transfer upon request or court order

Customers also agree that the Publisher may disclose the data collected to any person, upon request by a state authority or by court order.

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 the acquisition of all or part of its business by another company, Customers agree that the data collected may be transferred by the Publisher to this company and that this company may process the personal data referred to in these General Terms of Service in place of the Publisher.

ARTICLE 10. LIABILITY OF THE PUBLISHER

10.1. Nature of the Publisher's obligations

The Publisher undertakes to exercise the necessary care and diligence in providing quality Products in accordance with the specifications of these General Terms and Conditions. The Publisher is only bound by an obligation of means with regard to the services covered by these terms.

10.2. Force majeure - Customer's fault

The Publisher shall not be held liable in the event of force majeure or fault of the Customer, as defined in this article:

10.2.1. Force majeure

For the purposes of these general terms and conditions, any impediment, limitation or disruption of the Service due to fire, epidemic, explosion, earthquake, bandwidth fluctuations, failure attributable to the access provider, failure of transmission networks, collapse of installations, unlawful or fraudulent use of passwords, codes or references provided to the Customer, 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 as a case of force majeure enforceable against the Customer. In such circumstances, the Publisher shall be released from the performance of its obligations to the extent of such impediment, limitation or disruption.

10.2.2. Customer's fault

For the purposes of these General Terms and Conditions, any misuse of the Service, fault, negligence, omission or failure on the part of the Customer or their agents, failure to comply with the advice given by the Publisher on its Site, any disclosure or unlawful use of the password, codes and references of the Customer, as well as the provision of incorrect information or failure to update such information in their personal space, shall be considered as a fault attributable to the Customer. The implementation of any technical process, such as robots or automatic queries, the use of which would contravene the letter or spirit of these general terms and conditions of sale, shall also be considered a fault of the Customer.

10.3. Technical issues - Hyperlinks

In the event of an inability to access the Site due to technical problems of any kind, the Customer may not claim any damage and shall not be entitled to any compensation. The unavailability, even if prolonged and without any time limitation, of one or more online services cannot constitute a prejudice for the Customers and shall in no way give rise to the granting of damages by the Publisher.

The hyperlinks present on the Site may redirect to other websites. The Publisher cannot be held liable if the content of these sites contravenes current legislation. Likewise, the Publisher cannot be held liable if the User's visit to any of these sites causes them harm.

Given 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 under no circumstances be attributed to the Publisher, who cannot be held liable in any way for this.

10.4. Damages Payable by the Publisher

In the absence of any legal or regulatory provisions to the contrary, the Publisher's liability is limited to the direct, personal, and certain loss suffered by the Client and related to the failure in question. Under no circumstances can the Publisher be held liable for indirect damages such as, in particular, loss of data, commercial loss, loss of orders, damage to brand image, business disruption, or loss of profits or clients. Likewise, and within the same limits, the amount of damages and compensation charged to the Publisher may in no case exceed the price of the Product ordered.

10.5. Hyperlinks and Site Content

The Content of the Site is published for informational purposes only, without any guarantee of accuracy. Under no circumstances can the Publisher be held liable for any omission, inaccuracy, or error contained in this information that may cause direct or indirect damage to the User.

ARTICLE 11. INTELLECTUAL PROPERTY

11.1. Legal Protection of 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 infringement.

11.2. Contractual Protection of 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 it is protected by intellectual property rights, for any purpose other than reading it via 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.

ARTICLE 12. FINAL PROVISIONS

12.1. Applicable Law

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

12.2. 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.

12.3. Disputes

Pursuant to Ordinance No. 2015-1033 of August 20, 2015, any disputes that may arise in 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 they sell remotely or in a physical store (Source: FEVAD).

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

12.4. Entirety

The invalidity of any clause of this contract shall not result in 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.

12.5. No Waiver

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

12.6. 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/.

12.7. Languages of these General Terms and Conditions

These general terms and conditions are provided 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 regarding unfair terms in contracts concluded between a professional and a consumer.

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