Terms of service
Terms and conditions of use of the website buvance.com
applicable as of 07/09/2022
ARTICLE 1. PARTIES
The present general conditions are applicable between Beverages, SAS, share capital : 10000 €, registered at the RCS of Paris in France the 09/03/2022under the number 911 149 078registered office : 9 Rue des 3 Bornes, 75011 Paris, FR, phone : +33668717538, email: firstname.lastname@example.org, VAT not applicable, article 293B of the CGI, hereafter "the Publisher" and any person, natural or legal, of private or public law, registered on the Site to buy a Product, hereafter "the Customer".
ARTICLE 2. DEFINITIONS
« CustomerCustomer": any person, natural or legal, of private or public law, registered on the Site.
« Site content" : any content of the Site. elements of any kind published on the Site, protected or not by an intellectual property right, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.
« The Editor » : Breuvages, SAS in its capacity as publisher of the Site.
« Internet userInternet user": any person, natural or legal, of private or public law, connecting to the Site.
« ProductProduct" : goods of any kind sold on the Site by the Editor to the Customers.
« WebsiteSite" : Internet site accessible at the URL buvance.comas well as sub-sites, mirror sites, portals and URL variations thereof.
ARTICLE 3. SCOPE OF APPLICATION
The Site is freely accessible to all Internet users. Browsing the Site implies acceptance by any Internet user of these general conditions. The simple connection to the Site, by any means whatsoever, in particular through a robot or a browser, will entail full acceptance of these general conditions. When registering on the Site, this acceptance will be confirmed by checking the corresponding box.
The Internet user acknowledges having fully understood and accepted them without restriction.
Checking the above-mentioned box shall be deemed to have the same value as a handwritten signature by the Internet User. The Internet user acknowledges the value of proof of the automatic recording systems of the Publisher and, unless he/she can prove otherwise, he/she waives the right to contest them in case of litigation.
The present general conditions are applicable to the relations between the parties to the exclusion of all other conditions, and in particular those of the Internet user.
Acceptance of these terms and conditions assumes that Internet users have the legal capacity to do so, or failing that, that they have the authorization of a guardian or curator if they are incapable, of their legal representative if they are minors, or that they hold a mandate if they are 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 customer service of the Site is accessible from Monday to Friday from 14:00 à 18:00 at the following toll-free number: 066262755or by e-mail at : email@example.com or by mail at the address indicated in article 1 of the present general conditions. In these last two cases, the Editor undertakes to provide an answer under 24 hours.
ARTICLE 6. PERSONAL SPACE
6.1. Creation of the personal space
The creation of a personal space is an essential prerequisite to any order of an Internet user on the Site. To this end, the Internet User will be asked to provide a certain amount of personal information. Some of this information is deemed essential for the creation of the personal space. The refusal by an Internet user to provide such information will prevent the creation of the personal space and, incidentally, the validation of the order.
When creating the personal space, the Internet user is invited to choose a password. This password guarantees the confidentiality of the information contained in the personal space. The User is therefore forbidden to transmit or communicate it to a third party. Otherwise, the Editor cannot be held responsible for unauthorized access to the personal space of an Internet user.
The Customer undertakes to regularly check the data concerning him/her and to proceed online, from his/her personal space, to the necessary updates and modifications.
6.2. Content of the personal space
The personal space allows the Customer to consult and follow all his orders made on the Site.
The pages relating to the personal space are freely printable by the account holder in question, but do not constitute evidence admissible in court. They are for information purposes only and are intended to ensure the efficient management of the Customer's orders.
The Publisher undertakes to keep in a secure manner all contractual elements whose conservation is required by the law or the regulation in force.
6.3. Deletion of the personal space
The Publisher reserves the right to delete the account of any Customer who contravenes these terms and conditions, in particular when the Customer provides inaccurate, incomplete, misleading or fraudulent information, as well as when the personal space of a Customer has remained inactive for at least one year. The said deletion will not constitute a fault of the Publisher or a damage for the excluded Customer, who will not be able to claim any compensation for this fact.
This exclusion is without prejudice to the possibility, for the Publisher, to undertake legal proceedings against the Customer, when the facts justify it.
ARTICLE 7. PERSONAL DATA
Within the framework of its services, the Publisher will have to process personal data of its Customers.
7.1 Identity of the data controller
The person in charge of the collection and processing of data on the Site is the Editor.
7.2 Identity of the Data Protection Officer
The Data Protection Officer is: Etienne Deshoulières, 121 boulevard de Sébastopol 75002 Paris, firstname.lastname@example.org, 01 77 62 82 03, www.deshoulieres-avocats.com"always taking care to create a hypertext link on the URL of our site
7.3. Collected data
7.3.1. Data collected from clients
Within the framework of its contractual relations, the Publisher may collect and process information from its Customers, namely Email, Name and first name.
7.3.2. Purposes of the collection of personal data
The data collected during the contractual relationship are subject to automated processing for the purpose of :
- execute the contractual commitments;
- contact the Customers;
- avoid any illicit or illegal activity;
- enforce the terms and conditions;
- initiate legal proceedings;
- verify the identity of the Clients;
7.3.3. Legal basis of the processing
The legal basis for the data collected is a contractual relationship.
7.3.4. Recipients of the data
The data collected are only available to the Publisher within the limits strictly necessary for the execution of the contractual commitments.
This data, whether in individual or aggregated form, is never made freely viewable by a third party.
7.3.5. Duration of storage of personal data
The personal data collected are kept for the duration of the contractual relationship, and for the time during which the Editor's responsibility may be engaged.
After the retention period, the Editor undertakes to permanently delete the data of the persons concerned without keeping a copy.
7.3.6. Security and confidentiality of personal data
Personal data are kept in secure conditions, according to the current technical means, in compliance with the provisions of the General Data Protection Regulation and the national legislation in force.
Access to the Publisher's premises is also secured.
7.3.7. Data minimization
The Publisher may also collect and process any data voluntarily submitted by its Customers.
The Publisher directs its Customers to provide personal data that is strictly necessary for the performance of its contractual obligations.
The Publisher undertakes to keep and process only the data strictly necessary for its business activities, and will delete any data received that is not useful to its business as soon as possible.
7.4. Respect of rights
The Publisher's Customers have the following rights concerning their personal data, which they can exercise by writing to the Publisher's postal address or by filling in the online contact form.
7.4.1. Right to information, access and communication of data
The Publisher's Customers have the right to access their personal data.
Because of the security and confidentiality obligation in the processing of personal data that is incumbent on the Publisher, requests will only be processed if Customers provide proof of their identity, in particular by producing 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 words "I certify on my honor that the copy of this identity document is in conformity with the original. Done at ... on ...", followed by their signature.
To help them in their approach, Clients will findherea model letter prepared by the Cnil.
7.4.2. Right to rectify, delete and forget data
The Editor's Customers have the possibility to ask for the rectification, the update, the blocking or the deletion of their personal data which may be inaccurate, erroneous, incomplete or obsolete.
The Publisher's Customers can also define general and specific directives concerning the fate of their personal data after their death. Where applicable, the heirs of a deceased person may require that the death of their loved one be taken into consideration and/or that the necessary updates be made.
To assist them in this process, Customers will find herea model letter prepared by the Cnil.
7.4.3. Right to object to data processing
The Publisher's Customers have the possibility to object to the processing of their personal data.
To help them in their approach, Customers will find herea model letter prepared by the Cnil.
7.4.4. Right to data portability
Publisher's Customers are entitled to receive the personal data they have provided to Publisher in a transferable, open and readable format.
7.4.5. Right to limit processing
The Publisher's Customers have the right to request that the processing of their personal data by the Publisher be limited. Thus, their data will only be retained and not used by the Publisher.
7.4.6. Response time
The Editor undertakes to answer any request for access, rectification or opposition or any other additional request for information within a reasonable time that cannot exceed 1 month from the receipt of the request.
7.4.7. Complaint to the competent authority
If the Publisher's Customers consider that the Publisher is not complying with its obligations with respect to their personal data, they may file a complaint or a request with the competent authority. In France, the competent authority is the Cnil to which they can address a requesthere.
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 Customers' data. These service providers may be located outside the European Union.
The Editor has previously ensured that its service providers have implemented adequate safeguards and comply with strict conditions regarding confidentiality, use and protection of data, for example via the US Privacy Shield.
The Publisher uses the following subcontractors:
|Facebook Ads manager||Subcontractor and Co-contractor||USA (Privacy Shield)||Carrying out operations related to prospecting.||https://www.facebook.com/policy.php|
|Facebook Analytics||Subcontractor and Co-contractor||USA (Privacy Shield)||Elaboration of business statistics in order to generate reports on Internet users' interactions.||https://www.facebook.com/policy.php|
|Google Analytics||Subcontractor and Co-contractor||USA (Privacy Shield)||Elaboration of business statistics in order to generate reports on Internet users' interactions.||https://policies.google.com/privacy|
|Co-contractor||USA (Privacy Shield)||Management of people's opinions on products, services or contents.||https://www.facebook.com/policy.php|
7.5.2. Transfer on demand or by court order
Customers also agree that the Publisher may disclose the collected data to any person, upon request of a state authority or court order.
7.5.3. Transfer in connection with a merger or acquisition
If the Publisher becomes involved in a merger, sale of assets, financing transaction, liquidation or bankruptcy, or in an acquisition of all or part of its business by another company, Customers agree that the data collected may be transferred by the Publisher to such company and that such company may carry out the personal data processing described in these Terms of Service on behalf of the Publisher.
ARTICLE 8. INTELLECTUAL PROPERTY
8.1. Legal protection of the Contents of the Site
The Contents of the Site are likely to be protected by the copyright and the right of the data bases. Any representation, reproduction, translation, adaptation or transformation, in whole or in part, carried out illegally and without the consent of the Editor or his successors or assigns constitutes a violation of Books I and III of the Intellectual Property Code and may give rise to legal proceedings for infringement.
8.2. Contractual protection of the Contents of the Site
The Internet user contractually commits himself towards the Editor not to use, reproduce or represent, in any manner whatsoever, the Contents of the Site, whether or not they are protected by an intellectual property right, for another purpose than that of their reading by a robot or a browser. This prohibition does not apply to indexing robots whose sole purpose is to scan the content of the Site for indexing purposes.
8.3. Protection of the general 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, made without the consent of Deshoulières Avocats Associés may result in legal proceedings for parasitism.
ARTICLE 9. FINAL STIPULATIONS
9.1. Applicable Law
The present general conditions are subject to the application of French law.
9.2 Modifications of the present general conditions
The present general conditions can 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 his order or his connection to the present Site, any new connection to the personal space implying acceptance of the new general terms and conditions.
In accordance with the order n°2015-1033 of August 20, 2015, all disputes which could arise within the framework of the execution of the present general conditions and whose solution could not be found beforehand with the friendly one between the parts will have to be subjected.
In addition, the Customer is informed of the existence of the online dispute resolution platform, accessible at the following URL address https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
Since January 1, 2016, mediation is mandatory for all. Thus, any professional selling to individuals, is required to communicate the contact details of a competent Mediator in case of dispute, and this regardless of whether he sells remotely or in a physical store (Source: FEVAD).
buvance / https://buvance.com
The invalidity of any provision of this Agreement shall not invalidate the remaining provisions of the Agreement or the Agreement 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 this Agreement.
The Publisher's failure to exercise its rights hereunder shall in no event be construed as a waiver of such rights.
9.6. Telephone solicitation
The Customer is informed that he has the possibility of registering on the opposition list to telephone canvassing at the address http://www.bloctel.gouv.fr/.
9.7. Languages of the present general conditions
The present general conditions are proposed in French.
9.8. Unfair clauses
The stipulations of the present general conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning unfair terms in contracts concluded between a professional and a consumer.