TERMS AND CONDITIONS
Company
Our site (www.undARTground.com) is administered by UndARTground
- undARTground
-EURL
- Siren: 817 438 724 RCS MARSEILLE
- Address: 21 rue des repenties 13002 Marseille, FRANCE
- Telephone: +33 (0)650 082 021
- Email address: undartground@gmail.com
- The publication director is Julien Cassar, as an undARTground Business Creator
- The data controller is Mr. Julien Cassar, as Director of undARTground
Intellectual property
- All the constituent elements of the skeleton of the site (photos, images, logos, flash® animations, modeled elements, etc.), as well as the technological elements (software creations, administration back-office, services offered, etc.) are protected by the Copyright and are the exclusive property of their respective authors, except in the limiting cases of complete or partial transfer of rights in favor of undARTground.
- The contents of the site (texts, articles, etc.) are the exclusive property of their authors and may not be reproduced or used without their consent. UndARTground only authorizes the reproduction of extracts from its articles via the RSS feeds present on its sites. In accordance with the provisions of Article L. 122-4 of the Intellectual Property Code, any reproduction of partial or total content of the site is prohibited, whatever its form (reproduction, interweaving, distribution, techniques of "inline linking " and "framing"...). Direct links to downloadable files (regardless of their format) present on our site are also prohibited.
If you wish to establish a link with our site, and before setting it up, please contact undARTground before setting up the link pointing to our site or its content.
- The present texts from external sources have been reproduced with the implicit or explicit agreement of their respective authors. As such, mention is made on the site of the sources and respective authors.
Status of links and content
external links
The links present on the site (direct links, permalinks, partner links, etc.) redirect the user to sites whose content is placed under the responsibility of the publishers of said sites. Under no circumstances can undARTground be held responsible for the content of these sites. As we attach particular importance to the legality of the content of the sites to which our links point, we ask that you kindly inform us of any content that may seem to you to be illegal on the sites to which links have been set up.
Contents
The contents of the sites published by undARTground have been compiled with the greatest care. As such, no illegal or defamatory content is broadcast on them. In addition, they do not present any character that could be considered as "misleading advertising" within the meaning of articles 121-1 and following of the Consumer Code.
Advertisements on sites
Advertisements may be presented on our sites. These may come from external sources (third-party affiliate management platforms, Google® ads, etc.) or be managed by our own advertising agency. undARTground cannot be held responsible for the "misleading or aggressive" nature of advertisements from external sources.
Concerning advertisements governed by UndARTground, the latter will reserve the right not to broadcast advertisements that are manifestly misleading within the meaning of articles 121-1 and following of the Consumer Code.
Computing and Freedom
In accordance with CNIL recommendation 2005-284, this website has not been declared as such. However, all present or future data processing concerning said site has been or will be declared to the CNIL.
The aforementioned processing operations comply with the NS48 of 07/06/2005 published by the Commission Nationale Informatique et Libertés (CNIL). You can find the full characteristics by consulting our “data protection” section.
In accordance with articles 38 and 40 of law 2004-801 of 06/08/2004, you have the right to access, rectify and delete data concerning you.
This right can be exercised online by sending an e-mail to the address undartground@gmail.com or by mail to the following address:
UndARTground
21 rue des repenties
13002, Marseilles, France
Procedures for exercising the right of access (right cannot be exercised on site)
Before sending you personal data, we will ask you to provide us with proof of your identity. If you are unable to prove your identity, we reserve the right to refuse to send you personal data concerning you.
In accordance with decree 2007-451 of 03/25/2007, your request will be satisfied within a maximum of 2 months, subject to the non-abusive nature of the request. A sum lump not being able to exceed that corresponding to the reproduction of the documents will be invoiced to you following your request.
Regarding the rights of rectification and deletion: the preconditions are identical to those concerning the right of access.
Privacy and Data Protection Policy
A section specially dedicated to our data protection and privacy policy has been written for this purpose. Please consult it on our sites by clicking on the “data protection” section.
Accommodation
All of our sites are hosted on company servers:
- Web creations
-
Customer service
undARTground customer service can only be reached electronically (email), at undartground@gmail.com or by phone at +33(0)650 082 821 at the following times: Monday to Friday 11 a.m. to 5 p.m.
Given the large number of calls received, requests are classified and processed in order of priority. Thus, a non-urgent call is processed within a maximum of 48 working hours.
Contact
You can contact us at undartground@gmail.com for any inquiries, and at 21 rue des repenties 13002 Marseille, FRANCE to exercise your right of access.
Data protection of the website www.undARTground.com
Preamble
This policy sets out how we treat the information we collect about you when you visit our site.
We attach the greatest importance to respecting the privacy and individual data of our users.
We also attach great importance to the protection of your privacy and your individual data in the way we create, organize and implement our online and offline activities. In order to maintain maximum protection for the personal data we process, our sites and the entities administering them will comply with the principles set out in:
• The OECD Council Recommendation on Guidelines Governing the Protection of Privacy and Transborder Flows of Personal Data (C(80)58/FINAL).
• European Directive 95/46/EC on the protection of personal data
• French Law 78-17 amended by Law 2004-801 of 06/08/2004 (known as the Data Protection Act) and its implementing decrees
Site administration
The site you are currently visiting www.undARTground.com is administered from our headquarters located in France.
Link status
The specific practices described in this privacy policy statement relate only to the aforementioned website. External links of other bodies/entities linked to undARTground may be present on our sites, for editorial purposes, partnership, advertising, payment….. We draw your attention to the fact that we are not not responsible for the privacy policy and content of external sites.
As such, we recommend that you review the privacy policy statements of other bodies/entities when you visit their website(s). Despite everything, we try to do our best to study the content of the sites of our partners and advertisers before any collaboration.
Specifications on the use and collection of data (information logged automatically)
You can visit our website without disclosing any personal information. However, some services you use require the collection and retention of a number of automatically recognized items. The collection of this data is done by means of cookies, intended to improve our services, and which can also be used for the establishment of statistics. A cookie is a piece of data sent to your browser from a website and stored on your hard drive.
Cookies are present in the private areas of our sites (if the user registers there); they are used to save the visitor's password so that he does not have to re-enter it on each new visit. These cookies may include the following information:
- IP adress
- Certain categories requested when registering: Nickname, Surname, First name, Email address, Date of birth...............
- If the user has checked the box “remember the username and password”, these two elements are coded and added to the “cookie”.
- If a user registered in one of our private spaces returns to the site without identifying himself, the elements registered in the "cookie" allow him to be recognized (unless he has manually deleted the cookies, in which case the server will automatically generate a new cookie).
We inform you that you can oppose the registration of "cookies" by configuring your browser.
To find out the procedure to follow depending on the browser you are using, please consult the help section of the latter.
Collection and use of data provided voluntarily
It is not essential to register on our site. You can view this even if you do not wish to register or provide personal information, but in this case you will not be able to purchase online, receive e-mail newsletters, or contact us electronically. . We respect your wishes, and will never collect personal data about you without your explicit consent.
If we collect data that you communicate to us when creating your private spaces, in the context of orders, surveys, contests or other forms, as well as in the e-mails that you send to us, we can extract anonymous pieces of information and combine them with others.
This information, which can only be used and analyzed in aggregate form, helps us better understand certain trends and usage patterns. They are never processed individually. If you do not wish your transaction information to be used in this manner, you can either disable your cookies or discontinue registration at the query level.
All data processing relating to our customers and prospects using our website complies with the Simplified Standard No. 48 of 06/07/2005 published by the CNIL. To find out the details of this processing (recipients, purposes, retention period, data processed), please click here.
This data processing has been implemented by our processing manager, whose contact details you will find in the “legal notices” section.
Data protection of minors
The use of our site is reserved for adults. Any collection of data that may be carried out with minors must be the subject of parental authority information, which has the capacity to oppose any processing concerning said data.
However, any adult holder of parental authority may, under their responsibility, offer the use of our site and associated services to their minor child.
Free choice of the visitor
We collect personal data if it is provided voluntarily when you use our services. You can choose to create a private space on our sites, to receive promotional mail or marketing information from us or our partners by choosing the desired options when registering.
All our registrations respect the principle of active Opt-In or Double Opt-In and always require voluntary action on your part. If you choose to register, to order, the information you provide will be accessible to the staff of our entities, as well as to authorized third parties who will use it in the context of event management.
If you no longer wish to receive promotional information or marketing information from us or our partners, simply let us know by email as mentioned in the "legal notices" section or by using the unsubscribe link. provided at the bottom of each newsletter.
We also provide you with several means of contacting us in order to exercise your rights or express your wish to transmit personal data to us (for example, non-exhaustive list):
- By checking a box at the place of your site where the data is collected (opt-in active)
- By confirming a voluntary action by email (double Opt-In)
- By placing an order in accordance with the provisions of the LCEN
- By sending an electronic message
- By sending a letter
- By dialing a phone number
Privacy and Security
Our concern is to preserve the quality and integrity of your personal information. The technologies as well as the security policies applied by ourselves and our technical service providers make it possible to protect the personal data of our users against any unauthorized access, any improper use, any alteration, any malicious or accidental destruction and any involuntary loss of data. .
We are constantly improving our security procedures as technologies evolve in order to maintain a maximum level of protection. On our site, the transmission of your personal data following is secured according to different protocols guaranteeing the highest degree of protection in line with the existing technology and the category of personal data transmitted:
Category 1: primary personal data (name, email, contact details, etc.)
Category 2: other personal profile data (description, hobbies, tastes, etc.)
Category 3: identifiers (credit card number, private space identifiers, etc.)
All our employees, contractors and authorized third parties who have access to the data or are associated with its processing are required to respect the confidentiality of the personal data of our visitors, customers and prospects.
We guarantee that your personal data will not be communicated to government institutions or authorities, except in the cases provided for by law or regulation.
Self evaluation
In order to maintain the highest degree of protection with regard to the personal data that we have on our visitors, customers and prospects, we regularly undergo a self-assessment. This self-assessment is carried out by the data controller and covers both technical and organizational measures.
It also covers the regular relations that we maintain with our subcontractors, partners and authorized third parties with regard to their data protection policy.
Right of access, rectification, deletion
In accordance with articles 38 and following of the amended Law 78-17, you have the right to access, rectify, delete data concerning you.
Regarding the right of access:
Before sending you personal data, we will ask you to provide us with proof of your identity.
If you are unable to prove your identity, we reserve the right to refuse to send you personal data concerning you.
We strive to respond to these requests within a reasonable time.
Regarding the rights of rectification and deletion:
the prerequisites are identical to those concerning the right of access.
Notification of changes
The creation of new services on our sites may require changes to this data protection policy statement. In this case, we will notify these changes in this section. We will also declare these changes to the CNIL if they require it.
Contact
For any questions regarding our data protection policy, please contact us by one of the means made available to you in our “legal notices” section.
GCS of the website www.undARTground.com
Preamble
You are currently connected to one of the sites administered by undARTground. The purpose of this document is to inform you about undARTground and its general conditions of online sale (Contractual Conditions).
You must read the following provisions carefully, as they constitute an electronic contract establishing the general conditions of sale of the undARTground electronic store.
The "Double-click" that you perform after completing your order form constitutes the validation of it and will be worth irrevocable acceptance of these Contractual Conditions when your order has been validated.
Consequently, you can only order products and/or services if you accept all the conditions set out below.
The Internet user (natural person with the capacity to contract) and undARTground are hereinafter referred to as "the parties", and individually "the party".
Definitions
In this contract, each of the expressions mentioned below shall be understood within the meaning of its definition, namely:
- “the company”: undARTground
- "distance contract": any contract concerning the order of products and/or services concluded between the company (*) and a customer (*) within the framework of a system of sale or provision of services at a distance organized by the company (*) which, for this contract, exclusively uses the Internet network until the conclusion of the contract, including the conclusion of the contract itself.
- “customer”: any natural person who, in this contract, acts in a private capacity or as a representative of a legal person and who has the right to contract.
- "order form": document which indicates the characteristics of the products ordered by the customer (*) and which must be signed by him by "double click" (*) to commit him.
- “order”: act by which the customer undertakes to purchase products and/or services and the company (*) to deliver them and/or supply them to him.
- “product”: property sold or service provided by the company.
- "double click": reiteration of the validation of the Purchase Order by the customer. An order form completed and validated for the first time is never taken into account without the customer's confirmation. This confirmation can be made by means of a checkbox bearing acceptance of the Contractual Conditions, or an order confirmation message.
Company- undARTground
-EURL
- Siren: 817 438 724 RCS MARSEILLE
- Address: 21 rue des repenties 13002 Marseille, FRANCE
- Telephone: +33 (0)650 082 021
- Email address: undartground@gmail.com
Object
This contract is an electronic distance selling contract which aims to define the rights and obligations of the parties in connection with the sale of products offered by undARTground. In this sense, it complies with the French regulations in force, namely:
- Law 2004-575 known as the Law for confidence in the digital economy.
- Law 2008-3 of January 3, 2008 for the development of competition in the service of consumers.
- Recommendation n°07-02 of the Commission on unfair terms, relating to contracts for the sale of movable property concluded via the Internet
It also complies with OECD recommendations in the field of e-commerce.
Protection of minors
Our company attaches particular importance to the protection of minors in the context of its online commercial activity. Although minors can act alone in cases where the law or custom authorizes them to act alone (art. 389-3 c. civ.), and this in particular for purchases of low value, it seems essential to us to try by any means to verify that the customer has the power to contract.
To this end, we may ask any customer placing an order on our site to justify their ability to contract, in compliance with the obligations related to the amended Law 78-17.
In the event that a purchase is made by a person who does not have the legal capacity to contract, we advise their legal representatives to rescind (cancel) the sale under article 1305 of the Civil Code.
Products
The products offered by undARTground are presented on the sites in French. Any national of the European Community and of countries complying with Directive 95/46/EC cannot assert their lack of linguistic knowledge as a cancellation clause of the contract.
The products offered for direct sale by undARTground are those which appear on the site www.undARTground.com, on the day of consultation of said site by the Internet user, and within the limits of available stocks.
The illustrations presented on the site reflect the products for sale on it, except in the limiting cases inherent in the technical characteristics of the Internet (resolution and colors of the Internet user's screen, etc.).
Due to the specificity of the Internet network, the company does not guarantee the availability of all products in real time on its site. In the case of temporary or permanent unavailability of one of the products, the company will inform Internet users of this through its site or by sending an email to a valid email address provided by the customer. The company will then offer you the replacement of the product ordered by an equivalent product (quality and price), or a credit note, or to exercise your right of rescission (cancellation of your order).
Price
The prices of the products may be modified at any time by the company, with the exception of any sale of a product concluded for the price displayed on www.undARTground.com.
In the event of an obvious typographical error, leading to the display of a "vile price", the sale may be canceled, as mentioned in the article "Execution of the order".
The prices mentioned are in Euros (€), presented including VAT and include the costs related to the processing of orders.
Delivery prices are the responsibility of the customer, unless otherwise stipulated during the ordering process. The different delivery options (accompanied by their prices) are presented during the ordering process and specified in the summary thereof.
Payment of the full price must be made no later than the delivery of the products, unless otherwise specified during the ordering process and mentioned on the invoice.
In the event of a delivery of products outside French territory, customs taxes and formalities are the sole responsibility of the Customer, unless otherwise indicated. The Customer then undertakes to check the possibilities of importing the products ordered with regard to the territory of the country of delivery.
Order and Payment
Any purchase order signed by the Customer by "double click" constitutes an irrevocable acceptance which can only be called into question in the cases limitedly provided for in this contract in the articles "Right of withdrawal" and "Execution of the order". Any agreement of an estimate sent by email to the customer, and returned to undARTground with an explicit agreement also constitutes an irrevocable acceptance.
The ordering process complies with the provisions of article 1369-5 of the Civil Code.
- Any Internet user wishing to validate his order must identify himself by completing the appropriate form provided on www.undARTground.com. This identification is done in strict compliance with the amended Law 78-17 as indicated in our "Data Protection" section.
- After having checked the content of his order, as well as the total cost of the latter (products ordered, shipping costs, possible eco-participation, optional options), and corrected any errors, the Internet user will confirm it definitively . This confirmation will be worth conclusion of the contract.
- The contractual information will be the subject of a confirmation email sent to the customer no later than the end of the withdrawal period and subject to the provision, by the customer, of a valid email address, not subject to no restriction of use (professional e-mail address for example). In this case, the company cannot be held responsible for the sending of contractual and/or advertising information to an email address with restricted access.
To pay for his order, the Customer has his choice of all the payment methods referred to in the ordering process and presented on the company's website. He guarantees to the company that he has the necessary authorizations to use the method of payment chosen by him, during the validation of the order.
In the case of a payment by CB, he will have to transmit his bank card number, according to the type of the latter, the expiry date of the latter as well as the cryptogram number (3-digit number appearing on the back of the Bank card).
undARTground guarantees that the payment is secured by S.S.L encryption. (Secure Socket Layer) in order to protect all data related to means of payment as effectively as possible. The company guarantees that the cryptology means and services used to secure the transactions have been authorized or declared in application of the legislation in force.
In the event of payment by card, the provisions relating to the fraudulent use of the means of payment provided for in the agreements concluded between the Customer and the issuer of the card and between the company and its banking establishments apply, in accordance with the article 132-4 of the Monetary and Financial Code.
If the only method of payment is payment by credit card, the final validation of the order occurs upon full payment (unless special provisions) thereof.
Delivery
delivery time
The company guarantees that deliveries will be made according to the conditions guaranteed by the carrier service providers (except in cases of force majeure within the meaning of case law), and indicated on the site www.undARTground.com, or during the ordering process.
In the event of a delay in delivery, please inform the company by contacting customer service or by sending an email to undartground@gmail.com. If the delay exceeds by 7 days the delivery date scheduled during the ordering process, you can proceed to the resolution of it, according to the methods indicated in the article "Right of rescission".
Colissimo:
From the time of collection by La Poste, you are delivered to your home within 48 hours (working days for shipments in mainland France, Corsica and Monaco), subject to the time limits for deposit.
In case of absence or impossibility of delivery of your package (no guard, ...), your parcel postman leaves a delivery notice mentioning the date and the address of the post office where you can collect your parcel on presentation of an identity document.
IMPORTANT:
From the date mentioned on the delivery notice, you have 15 days to collect your package. After this time, it will be automatically returned to its sender.
You can consult all the conditions relating to the Colissimo service by clicking here.
Incomplete or non-compliant delivery (due to the carrier)
It is possible that the package is damaged or that the contents thereof have been partially or totally stolen.
If you notice such an error, please mention it on the carrier's voucher and refuse the product by sending it back to us accompanied by a report 170 called "spoliation report". In the event that you become aware of this error after the departure of the carrier, please report it to us by email at undartground@gmail.com or by telephone within a maximum of 72 working hours following receipt of the order.
In accordance with article 133-3 of the Commercial Code, please send your protest motivated by LRAR to the carrier, this within 3 days (not including public holidays).
Incomplete or non-compliant delivery (due to the company)
Despite the care taken in preparing orders, it is possible that a product is missing from it, or that an error has occurred during preparation.
If you notice such an error, please report it to us as soon as possible and if possible within 72 working hours of receipt of the order. This report can be made by email to the address undartground@gmail.com or by telephone.
Lost package
In the event that a package is lost by one of our carriers, please inform us as soon as possible.
The company will conduct a survey of the services concerned.
Right to retract
In accordance with article L121-16 and 121-20 of the Consumer Code, the customer has a period of seven (7) clear days to exercise his right of withdrawal. This period runs from the receipt of the order by the customer.
In order to facilitate the processing of his return, the customer may contact the company by email to obtain a return number before reshipping. This condition does not result in the cancellation of the right of withdrawal.
Return shipping costs will remain the full responsibility of the customer. The products must be returned complete, in a state suitable for their remarketing. It is also recommended that the products be returned in their original packaging, according to methods presenting shipping guarantees similar to those defined during the initial shipment of the products.
You are reminded that this right of withdrawal cannot be exercised for personalized products.
Right of rescission
In accordance with article L. 121-20-3 of the consumer code, we will indicate to you when placing your order the maximum date of delivery thereof. In the case of an overrun of 7 working days from this delivery date (except in cases of force majeure within the meaning of the Law), you will have the option of pronouncing the cancellation of your order by Registered Letter with Acknowledgment of receipt within 60 days from the original delivery date. In this case, we will reimburse you for all the sums paid (excluding any return costs), and this within a maximum period of 30 days following receipt of your LRAR.
Execution of the command
The company reserves the right to refuse the order for a "legitimate reason" (as defined by case law), and in particular (without this list being exhaustive) in the event of unavailability of the product, impossibility of carrying out the service, abusive request from the customer, presumption of impossibility for the customer to contract or manifest intention for the customer to harm the company.
The company also reserves the right to refuse the order in the case of an obvious typographical error leading to the display of a "vile price", and this at the time of the order placed by the customer. In the event of a difference in interpretation between "low price" and "low price", concerning the price displayed on the website at the time of the customer's order, the latter may request the intervention of a third party, as provided for in the article "Applicable law".
The order will be executed at the latest within a period not exceeding 7 days from the expected delivery date of the product or service mentioned when ordering, subject to acceptance of the order by the company.
For deadlines concerning the different types of services (personalization, etc.), please contact us.
An invoice will be automatically sent to the customer when ordering. This will be sent to the email address indicated by the customer when ordering, unless otherwise specified by him.
Guarantee
Contractual guarantee
The customer benefits from a contractual guarantee on the products supplied by the company. This warranty is displayed on www.undARTground.com and its duration varies according to the category of products ordered.
Additional warranty services may be offered to you depending on the products ordered. Their scope and pricing will be specified to you during the ordering process.
Legal guarantee
In accordance with articles L 211-4 and following of the Consumer Code, as well as articles 1641 and 1648 of the Civil Code, the Internet user also benefits from a guarantee allowing him to return the defective delivered products.
Article L211-4 consumer code
The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.
Article L211-5 consumer code
To be in conformity with the contract, the good must:
1º Be suitable for the use usually expected of a similar item and, where applicable:
- correspond to the description given by the seller and possess the qualities that the latter has presented to the buyer in the form of a sample or model;
- present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2º Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted.
Article L211-12 consumer code
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article 1641 civil code
The seller is bound by the guarantee on account of hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid less if he had known them.
Article 1648 al 1st civil code
The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
Responsibility
undARTground is responsible for the proper performance of the obligations resulting from the distance contract, whether these obligations are to be performed by itself or by subcontractors, without prejudice to its right of recourse against them.
undARTground cannot be held responsible for the non-performance of the contract concluded, following the occurrence of an event of force majeure (as defined by law) and in particular in the event of a total or partial strike by postal services, carriers, and disasters caused by floods or fires. This limitation of liability also applies to the non-performance of the said contract, due, unforeseeable and insurmountable, to a third party unrelated to the provision of the services provided. With regard to products purchased to meet professional needs, undARTground will not incur any liability for any consequential damages as a result of these presents, operating loss, loss of profit, damages or costs, which may arise.
The choice and the purchase of a product or a service are placed under the sole responsibility of the customer. The total or partial impossibility of using the products, in particular due to incompatibility of the equipment, cannot give rise to any compensation, reimbursement or questioning of the responsibility of undARTground, except in the case of a proven hidden defect, non-compliance, defect or exercise of the right of withdrawal.
Eco-Participation
It is possible that our site presents electrical and/or electronic products. In accordance with the Decree of July 20, 2005 relating to the composition of electrical and electronic equipment and the disposal of waste from this equipment, the company provides you with a specific collection system based on the “1 for 1” principle.
Terms:
1 You can deposit your electronic and/or electrical products with an organization practicing selective collection: waste collection centre, Emmaüs association, Envie association, etc.
2 The return request must be made when ordering. The exchange will take place upon delivery of your new device.
Personal Information
The information requested from the Customer is necessary for the processing of his order and may be communicated to the contractual partners of the company (accountants, lawyers, etc.). They may also be transmitted to any competent authority for the settlement of disputes between the company and one of its customers.
The customer can consult in our “data protection” section, the characteristics of the processing of personal data used via the site www.undARTground.com.
The customer can also exercise his rights of access, rectification, opposition according to the methods mentioned in the sections "Data Protection" and "legal notices" of the company.
“Double-Click” and proof
The "double click" associated with the customer's authentication and non-repudiation procedure when ordering and accepting these Contractual Conditions constitutes validation of the order and conclusion of the contract, in accordance with the provisions of article 1369 -5 of the Civil Code.
The computerized registers, kept on the servers of the company as well as on the servers of its banking establishments, will be considered as rebuttable presumptions (refutable) of the communications, orders and payments made between the parties.
Under no circumstances will the company record telephone conversations between a member of the company and one of its customers or prospects. In the case of subcontracting of their customer service, the company undertakes to prohibit their partner responsible for the implementation of this service, from such recording, including within the framework of an "improvement of the service ".
Conservation and archiving of documents
The archiving of transaction data is carried out on a reliable and durable medium, in accordance with article 1348 of the French Civil Code.
It is therefore carried out in accordance with the AFNOR Z 42-013 standard relating to the design and operation of computer systems with a view to ensuring the conservation and integrity of the records stored in these systems.
Entire contract
These general conditions express the entirety of the obligations of the parties.
No general or specific condition communicated by the Customer may be incorporated into these general conditions, except in the event of prior agreement between the parties prior to the conclusion of the contract.
The fact that the company does not take advantage of a breach by the Customer of any of the obligations referred to herein cannot be interpreted for the future as a waiver of the obligation in question.
The company reserves the right to adapt or modify these Contractual Conditions at any time. In the event of modification, the Contractual Conditions in force on the day of the order will be applied to each order. The company will also keep on its servers all time-stamped versions of the Contractual Conditions.
Retention of title
The products delivered to the customer remain the property of the company as long as the contract has not been executed in full. On the other hand, the transfer of risks takes effect from the actual delivery of the products and/or services ordered on the electronic store.
The documents provided to the client are governed by the Intellectual Property Code. They therefore remain the property of the company. It is therefore forbidden to reproduce, assign, or use the documents provided without the consent of the company.
Applicable law
This contract is subject to French law, in accordance with European directives.
This is the case both for the rules of substance and for the rules of form. In the event of a dispute, the companies will favor amicable settlement.
This search for an amicable solution does not in any way interrupt the deadlines for acting as a guarantee.
Otherwise, and in accordance with the provisions of articles 46 to 48 of the NCPC, the French courts will have sole jurisdiction.