TERMS AND CONDITIONS
These general conditions of sale apply without restriction or reservation to all online sales offered by the self-employed Clément Garrigue under the proprietary brand DETBOX on the detbox.com website (hereinafter: the “Site "). DETBOX offers for sale to users of the Site (hereinafter: "the Buyers") services and design objects for mobile phones (hereinafter: "the Products"). The purpose of these general conditions is to define the terms and conditions of the sale and delivery of the Products, as well as to define the rights and obligations of the parties in this context. They are accessible and printable at any time by a direct and permanent link on the Site. They prevail over any other general or particular conditions, in particular of purchase, not expressly approved by DETBOX. They may be supplemented if necessary by the conditions of sale or use specific to certain Products or services, which supplement these general conditions and, in the event of contradiction, prevail over the latter. The Products are offered for sale in Europe.
2. IDENTITY OF THE SELLER AND CONTACT
The Site is edited and operated by Clément Garrigue, auto-entrepreneur registered with the Paris RCS under number 8135 0916 3000 16, under his proprietary brand DETBOX which offers the Products for sale (hereinafter: the "Company"). The Company can be contacted by:
- postal mail au 12 rue de Capri 75012 Paris or
- email to email@example.com.
3. ACCEPTANCE OF THE GENERAL CONDITIONS
The Buyer declares, prior to his order, that he has full legal capacity, allowing him to be bound under these general conditions. Its acceptance of these is materialized by a check box in the order form. This acceptance can only be full. Any acceptance subject to reservation is considered null and void. The Buyer who does not agree to be bound by these general conditions must not place an order on the Site.
4. CHARACTERISTICS OF THE PRODUCTS
Before any order, the Company recommends that the Buyer read all of the information related to the products and the production method on the Site. The Company is not responsible and cannot reimburse the Product in the event of an allergy or reaction which could have been anticipated. The labeling and advertising of all the Products sold comply with the standards in force in France and with Community legislation. The Products are offered for sale while stocks last. The photographs, representations and descriptions of the Products on the Site are as precise as possible. They only bind the Company for what is specifically indicated.
5.1 Placing the Order
To place an order, the Buyer must select the Products of his choice and place them in his basket. He can access the summary of his basket at any time as long as the order is not definitively validated and can correct any errors in the elements entered. As part of his order, the Buyer is invited to provide his contact details for billing purposes. He must complete all of the fields marked as mandatory in the form provided for this purpose. Orders that do not include all of the required information cannot be validated. The Buyer guarantees that all the information he gives in the order form is correct, up to date and sincere and is not vitiated by any misleading character. He is informed and accepts that this information constitutes proof of his identity and commits him upon its validation.
5.2 Order confirmation
At the end of his order, the Purchaser receives a confirmation thereof by email. The Purchaser must ensure that the contact details he provided when ordering or updating his Account are correct and that they allow him to receive the order confirmation email. In the absence of receipt thereof, the Buyer must contact the Company at the contact details mentioned in article 2. The Company recommends that the Buyer keep the information contained in the order confirmation. The order and its confirmation are considered as received when the parties to which they are addressed can have access to it.
6. PRICES AND TERMS OF PAYMENT
6.1 Prices for online orders
The selling prices of the Products are indicated on the Site. They are indicated in euros. They do not include tax or delivery charges. If applicable, the amount of taxes and / or delivery costs will be indicated before the validation of the order by the Buyer. The applicable price is that displayed on the Site at the time of recording of the Buyer's order.
6.2 Payment terms
The full price of the Products, applicable taxes and delivery costs are payable at the time of the order, unless the Purchaser prefers to make a donation of an amount equal or greater instead. This donation is for the benefit of the Mécénat Chirurgie Cardiaque charity and must be made on the fundraising page created for this purpose at this address: https://relaisducoeur.mecenat-cardiaque.org/projects/detbox-soutient-mecenat-chirurgie -cardiac by indicating the order number received by email. If the Purchaser does not make a donation, his payment can be made online by credit card or by any other means which will be offered on the Site at the time of the order. The Buyer guarantees to the Company that he has the necessary authorizations to use the chosen method of payment. The Company reserves the right to suspend or cancel any order and / or delivery, in the event of non-payment of any amount that would be due by the Buyer, in the event of a payment incident, or in the event of fraud or attempted fraud. Penalties of an amount equal to one and a half (1.5 times) the French legal interest rate are automatically applicable to the unpaid amounts upon notification of the rejection of bank payment.
6.3 Retention of title
The Company retains full ownership of the Products sold until the price is fully cashed.
7. RIGHT OF WITHDRAWAL
The Buyer has a period of 14 (fourteen) clear days from the date of receipt of the Products ordered to withdraw without having to justify reasons or pay penalties, with the exception of return costs. He must contact the Company by post with acknowledgment of receipt at the contact details mentioned in article 2 hereof, in order to inform him of his desire to make use of his right of withdrawal. The courier must mention: the order number, the name of the Buyer, the date of the order and the reason for the withdrawal. The Buyer will then return the Products to the Company by any useful means. The Products must imperatively be returned to the Company in their original unopened packaging, with all of their possible accessories, without trace of use. They must be accompanied by a copy of the corresponding purchase invoice. The Buyer will be refunded as soon as possible and at the latest within 30 (thirty) days of the date of receipt of the returned Products of all the amounts paid for his order, minus the cost of return and missing products. No order cancellation may take place outside the exercise of the right of withdrawal according to the above methods.
8. LEGAL GUARANTEES
The Buyer benefits from the legal guarantees of non-conformity as well as from hidden defects of the thing sold. If the Buyer finds that the Product which has been delivered to him presents a defect, a defect of conformity or is damaged, he must inform the Company of it at the coordinates mentioned in article 2 hereof, indicating to him the nature of the defect, non-compliance or damage found. The Company will organize with the carrier of its choice the terms of the return, of which it will inform the Buyer by any useful means. The Company will bear the costs of this return. The Products must imperatively be returned to the Company in their original packaging, with all of their accessories. They must be accompanied by a copy of the corresponding purchase invoice. Product returns that do not comply with the methods described above cannot be taken into account. The Company will carry out the necessary verifications and will propose to the Buyer the repair or replacement of the Product if they are possible. If repair or replacement of the Product is impossible, the Company will offer the Buyer to reimburse him the full price paid for this Product as well as the related delivery costs. The Buyer will receive the refund as soon as possible and at the latest within 15 (fifteen) days of the date on which the Company has informed him of the impossibility of repairing or replacing the Product.
9.1 The Company undertakes to carry out regular checks in order to verify the functioning and accessibility of the Site. As such, the Company reserves the right to temporarily interrupt access to the Site for maintenance reasons. Similarly, the Company cannot be held responsible for temporary difficulties or impossibilities of access to the Site which arise from circumstances external to it, force majeure, or which are due to disturbances in the telecommunications networks. The connection of any person to the Site is under their sole responsibility. It is the Buyer's responsibility to take all appropriate measures to protect their own data and / or software stored on their IT equipment against any attack.
9.2 The Company does not provide the Buyer with any guarantee as to the suitability of the Products for its needs, expectations in particular in terms of taste or constraints.
9.3 The Company does not guarantee any result or effect due to the use of the Products.
9.4 The Company cannot be held responsible for non-performance or delay in the performance of its obligations due to the health crisis of the coronavirus, a case of force majeure or even total or partial disruptions or strikes, in particular postal services, carriers or means of communication. In any event, the liability likely to be incurred by the Company hereunder is expressly limited to only proven direct damage suffered by the Buyer.
10. INTELLECTUAL PROPERTY
The Products as well as the systems, software, structures, infrastructures, databases and content of all kinds (texts, images, visuals, music, logos, brands, database, etc.) operated by the Company within the Site are protected by all intellectual property rights or rights of producers of databases in force. All disassembly, decompilation, decryption, extraction, reuse, copies and more generally, all acts of reproduction, representation, dissemination and use of any of these elements, in whole or in part, without the authorization of the Company are strictly prohibited and may be subject to legal proceedings.
11. PROHIBITED BEHAVIORS
11.1 The following are strictly prohibited: (i) any behavior likely to interrupt, suspend, slow down or prevent the proper functioning of the Site, (ii) any intrusion or attempted intrusion into the Company's systems, (iii) any diversion of resources Site system, (iv) all actions likely to impose a disproportionate burden on the latter's infrastructures, (v) all breaches of security and authentication measures, (vi) all acts likely to infringe rights and financial, commercial or moral interests of the Company or of the users of its Site, (vii) any practice diverting the Site for purposes other than those for which it was designed and finally more generally (viii) any breach of these general conditions or applicable laws and regulations.
11.2 It is likewise strictly prohibited to monetize, sell or grant all or part of the access to the Site, as well as to the information it contains.
11.3 In the event of a breach of any of the provisions of this article or, more generally, of breaches of laws and regulations, the Company reserves the right to take all appropriate measures and to take legal action.
12. PERSONAL DATA
The Company reserves the right to insert on any page of the Site any advertising or promotional messages in a form and under conditions of which the Company will be the sole judge.
14. THIRD PARTY LINKS AND SITES
The Company can in no way be held responsible for the technical availability of websites or mobile applications operated by third parties (including its possible partners) to which the Purchaser would access via the Site. The Company accepts no responsibility for the content, advertising, products and / or services available on such third-party websites and mobile applications, which are reminded that they are governed by their own conditions of use. The Company is also not responsible for transactions between the Purchaser and any advertiser, professional or merchant (including any partners) to which the Purchaser is directed through the Site and cannot in any case be a party to some possible disputes whatsoever with these third parties concerning in particular the delivery of products and / or services, guarantees, declarations and any other obligations to which these third parties are bound.
The Company reserves the right to modify these general conditions of sale at any time. In this case, the applicable conditions will be those in force on the date of validation of his order by the Buyer.
In the event of a translation of these general conditions into one or more languages, the language of interpretation will be the French language in the event of contradiction or dispute over the meaning of a term or a provision.
17. APPLICABLE LAW AND JURISDICTION
These general conditions are governed by French law. In the event of a dispute over the validity, interpretation and / or execution of these general conditions, the parties agree that the courts of Paris will be exclusively competent to judge, unless there are mandatory imperative rules of procedure.
Detbox.com complies with French privacy laws. In accordance with the data protection act of January 6, 1978, you can at any time modify or delete the information related to your registration. As this information about you is confidential, the Company undertakes to protect it. You have the right to access, modify, rectify and delete data concerning you (art. 34 of the Data Protection Act). You can exercise this right directly on the site concerned or by contacting us at the following address: firstname.lastname@example.org.
19. COOKIES POLICY
Browsing this site creates one or more Cookies stored on the visitor's computer via the Internet browser. These Cookies are used to store anonymous and temporary data for a maximum period of 13 months used to record certain information relating to navigation on the website and user interactions. The user can use all or part of the website by deactivating Cookies in the configuration of their Internet browser. However, some features may no longer work properly, and some pages may no longer be accessible.
20. COMING INTO FORCE
These general conditions entered into force on 04/15/20.
CHARTER RELATING TO THE PROTECTION OF PERSONAL DATA OF USERS
1. DEFINITION AND NATURE OF PERSONAL DATA
When you browse Detbox.com (hereinafter the “Site”), the Company may ask you to provide it with personal data concerning you. The term “personal data” designates all the data which make it possible to identify an individual directly or indirectly, which corresponds in particular, within the framework of the products that the Company offers on the Site, to your name, first names, email address, mailing address as well as any other information you choose to communicate to the Company about yourself.
2. PURPOSE OF THIS CHARTER
The purpose of this charter is to inform you about the means that the Company implements to collect and process your personal data, in the strictest respect of your rights. The Company indicates to you on this subject that it complies, in the collection and management of your personal data, with law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms, in its current version, as well as to the General Data Protection Regulations (hereinafter "GDPR").
3. IDENTITY OF THE PERSON RESPONSIBLE FOR THE COLLECTION AND PROCESSING OF DATA
The person responsible for collecting and processing your personal data is Clément Garrigue, auto-entrepreneur registered with the Paris RCS under number 8135 0916 3000 16, (hereinafter: the “Company”), which offers the Products for sale on the Site under its proprietary brand DETBOX. The Company can be contacted by:
Postal mail to 12 rue de Capri 75012 Paris France or
Email to email@example.com.
4. COLLECTION AND PROCESSING OF PERSONAL DATA
Your personal data is collected and processed to fulfill one or more of the following purposes: (i) Manage your order on the Site, as well as respond to any request concerning your order and the use of your Personal Data, (ii) Respect our legal and regulatory obligations. The Company informs you, when collecting your personal data, whether certain data must be completed or if it is optional. The Company also tells you what are the possible consequences of a lack of response.
5. RECIPIENTS OF DATA COLLECTED AND PROCESSED
The personnel of the Company responsible for processing your order will have sole access to your personal data. Public bodies may also be recipients of your personal data, exclusively to meet the legal obligations of the Company, judicial officers and ministerial officers.
6. TRANSFER OF PERSONAL DATA
Your personal data will not be subject to transfers, rentals or exchanges for the benefit of third parties. If the Company should communicate your personal data to third parties, it will inform you and seek your consent beforehand. You are free to accept or refuse. However, you are informed that the Company reserves the possibility of communicating to third parties your fully anonymized data in aggregated form, that is to say in a form that does not allow you to be identified, directly or indirectly, in any way whether it be.
7. DURATION OF STORAGE OF PERSONAL DATA
In accordance with the recommendations of the French National Commission for Information Technology and Liberties (hereinafter the “CNIL”), without response to any request from you for 3 years, your personal data will be deleted. However, the data used to establish the proof of a right or a contract, which must be kept for the fulfillment of a legal obligation, will be kept for the period provided for by the law in force.
The Company informs you to take all useful precautions, organizational and technical measures appropriate to preserve the security, integrity and confidentiality of your personal data and in particular, to prevent them from being distorted, damaged or from unauthorized third parties having access.
The Company informs you that your data is kept and stored, for the entire period of their conservation on the servers located in Europe of the company Amazon Web Services, subcontractor of the company Strikingly publisher of the Site, or on paper medium. Your data will not be transferred outside the European Union in the context of the use of the services that the Company offers you.
When you choose to communicate your personal data for the purposes of ordering or communicating of the Site, you expressly give your consent for the collection and processing of these in accordance with what is set out in this charter and the legislation in force.
11. ACCESS TO YOUR PERSONAL DATA
In accordance with the law n° 78-17 of January 6, 1978 relating to data processing, the files and freedoms, as well as of GDPR, you have the right to obtain the communication and, if necessary, the correction or the deletion data concerning you, through online access to your file. You can also contact the Company at the contact details mentioned in article 3 hereof. It is recalled that any person may, for legitimate reasons, request the limitation of the processing of data concerning them or oppose said processing.
12. PORTABILITY OF YOUR PERSONAL DATA
You have a right to the portability of the personal data that you have provided to the Company, understood as the data that you have actively and consciously declared in the context of accessing and using the services, as well as data generated by your activity in connection with the use of the services. The Company reminds you that this right does not relate to data collected and processed on any other legal basis than the consent or the execution of the contract binding you to the Company. This right can be exercised free of charge, at any time, in order to recover and store your personal data. In this context, the Company sends you your personal data, by any means deemed useful, in a standard open format commonly used and machine-readable, in accordance with the state of the art.
13. SUBMISSION OF A CLAIM BEFORE A SUPERVISORY AUTHORITY
You are also informed that you have the right to lodge a complaint with a competent supervisory authority, (the CNIL for France), in the Member State in which your usual residence is located, your place of work or the place where the violation of your rights would have been committed, if you consider that the processing of your personal data object of this Charter constitutes a violation of the applicable texts. This recourse may be exercised without prejudice to any other recourse before an administrative or jurisdictional court. In fact, you also have the right to an effective administrative or judicial remedy if you consider that the processing of your personal data which is the subject of this Charter constitutes a violation of the applicable texts.
The Company reserves the right, in its sole discretion, to modify this charter at any time, in whole or in part. These changes will come into effect as of the publication of the new charter. Your use of the Site following the entry into force of these modifications will constitute recognition and acceptance of the new charter. Otherwise and if this new charter does not suit you, you will no longer have to access the Site.
15. COMING INTO FORCE
This charter came into force on April 15, 2020.