Terms of service

General conditions of use of the onivo-cosmetics.shop website

applicable from 26/11/2020


ARTICLE 1. PARTIES

These general conditions are applicable between ONIVO COSMETICS, SARL, share capital: €30,000, registered with the RCS of Valbonne in France on 08/11/2015, under number 809577158, registered office: 245 route des Lucioles, France, telephone: + 33493348314, email: aude@onivo-cosmetics.com, intra-community VAT number: FR90809577158, hereinafter "the Publisher" and any person, natural or legal, under private or public law, registered on the Site to purchase a Product, hereinafter "the Customer".


ARTICLE 2. DEFINITIONS

“Client”: any person, natural or legal, under private or public law, 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”: ONIVO COSMETICS, SARL taken in its capacity as publisher of the Site.


“Internet user”: any person, natural or legal, under private or public law, connecting to the Site.


“Product”: property of any kind sold on the Site by the Publisher to Customers.


“Site”: website accessible at the URL onivo-cosmetics.shop, as well as the sub-sites, mirror sites, portals and URL variations relating thereto.


ARTICLE 3. SCOPE

The Site is open and free to all Internet users. Browsing on the Site implies acceptance by any Internet user of these general conditions. The simple connection to the Site, by any means whatsoever, in particular via a robot or a browser, will imply full acceptance of these general conditions. When registering on the Site, this acceptance will be confirmed by ticking the corresponding box.


The Internet user acknowledges by the same fact that he has read them fully and accepts them without restriction.


Ticking the aforementioned box will be deemed to have the same value as a handwritten signature on the part of the Internet user. The Internet user recognizes the proof value of the Publisher's automatic registration systems and, except for him to provide proof to the contrary, he waives the right to contest them in the event of a dispute.


These general conditions are applicable to relations between the parties to the exclusion of all other conditions, and in particular those of the Internet user.


Acceptance of these general conditions assumes on the part of Internet users that they have the necessary legal capacity for this, or failing that, that they have the authorization of a guardian or curator if they are unable , of their legal representative if they are minors, or that they hold a power of attorney if they are acting on behalf of a legal entity.


ARTICLE 4. PURPOSE OF THE SITE

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


ARTICLE 5. CUSTOMER SERVICE

The Site's customer service is available Monday to Friday from 9:00 a.m. to 12:00 p.m. at the following non-surcharged telephone number: 0493348314, by e-mail at: aude@onivo-cosmetics.com or by post at the address indicated in article 1 of these general conditions. In these last two cases, the Publisher undertakes to provide an answer within 24 working days.


ARTICLE 6. PERSONAL SPACE

6.1. Creation of personal space

The creation of a personal space is an essential prerequisite for any order from 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 said information will have the effect of preventing the creation of the personal space as well as, incidentally, the validation of the order.


When creating the personal space, the Internet user is asked to choose a password. This password constitutes the guarantee of the confidentiality of the information contained in the personal space. The Internet user is therefore prohibited from transmitting it or communicating it to a third party. Failing this, the Publisher 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 and to proceed online, from his 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 personal spaces are freely printable by the account holder in question, but in no way constitute evidence admissible by a court. They have only an informative character intended to ensure an effective management of its orders by the Customer.


The Publisher undertakes to con

securely server all contractual elements whose retention is required by law or regulations in force.


6.3. Deletion of personal space

The Publisher reserves the right to delete the account of any Customer who contravenes these general 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 a year. Said deletion will not be likely to constitute a fault on the part of the Publisher or damage to 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 Client, when the facts have justified it.


ARTICLE 7. PERSONAL DATA

As part of its service, the Publisher will be required to process the personal data of its Clients.


7.1. Identity of the controller

The person responsible for the collection and data processed on the Site is the Publisher.


7.2. Identity of the Data Protection Officer

The data protection officer is: Etienne Deshoulières, 121 boulevard de Sébastopol 75002 Paris, contact@deshoulieres-avocats.com, 01 77 62 82 03, www.deshoulieres-avocats.com" always taking care to create a hypertext link on the URL of our site


7.3. Data collected

7.3.1. Data collected from customers

As part of its contractual relations, the Publisher may be required to collect and process information from its Customers, namely: Email, Surname and first name, Telephone, Address, state, province, postal code, city, Banking data.


7.3.2. Purposes of collecting personal data

The data collected during the contractual relationship is subject to automated processing for the purpose of:


perform contractual commitments;

contact Customers;

avoid any illicit or illegal activity;

enforce the terms and conditions;

initiate legal proceedings;

verify the identity of Customers;

7.3.3. Legal bases for processing

The data collected has the legal basis of a contractual relationship.


7.3.4. Data recipients

The data collected can only be consulted by the Publisher within the limits strictly necessary for the performance of contractual commitments.


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


7.3.5. Duration of retention of personal data

The personal data collected is kept for the duration of the contractual relationship, and for the time during which the responsibility of the Publisher may be engaged.


After the retention period, the Publisher 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 is stored in secure conditions, according to current technical means, in compliance with the provisions of the General Data Protection Regulations and the national legislation in force.


Access to the Publisher's premises is also secure.


7.3.7. Data minimization

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


The Publisher directs its Customers to provide personal data strictly necessary for the performance of contractual commitments.


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


7.4. Respect for rights

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


7.4.1. Right to information, access and communication of data

The Publisher's Clients have the possibility of accessing the personal data concerning them.


Due to the obligation of security and confidentiality in the processing of personal data 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 (if requested using the dedicated electronic form) or a signed photocopy of their valid identity document (if requested in writing), both accompanied by the words "I certify on my honor that the copy of this identity document conforms to the original. Done at … on …”, followed by their signature.


To help them in their approach, Customers will find here a letter template developed by the CNIL.


7.4.2. Right of rectification 

ion, deletion and right to be forgotten

The Publisher's Customers have the possibility of requesting the rectification, updating, blocking or even the deletion of their personal data which may prove to be inaccurate, erroneous, incomplete or obsolete.


The Publisher's Clients can also define general and specific directives relating to the fate of personal data after their death. If necessary, the heirs of a deceased person may demand that the death of their loved one be taken into consideration and/or that the necessary updates be made.


To help them in their approach, Customers will find here a letter template developed by the CNIL.


7.4.3. Right to object to data processing

The Clients of the Publisher have the possibility of opposing the processing of their personal data.


To help them in their approach, Customers will find here a letter template developed by the CNIL.


7.4.4. Right to data portability

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


7.4.5. Right to restriction of processing

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


7.4.6. Reply duration

The Publisher undertakes to respond to any request for access, rectification or opposition or any other additional request for information within a reasonable period of time which may not exceed 1 month from receipt of the request.


7.4.7. Complaint to the competent authority

If the Publisher's Clients consider that the Publisher is not respecting its obligations with regard to their personal data, they can address a complaint or a request to the competent authority. In France, the competent authority is the Cnil to which they can send a request here.


7.5. Transfer of collected data

7.5.1. Transfer to partners

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


The Publisher has previously ensured the implementation by its service providers of adequate guarantees and compliance with strict conditions in terms of confidentiality, use and data protection, for example via the US Privacy Shield.


The Publisher uses the following subcontractors:



Partner Quality Recipient country Treatment carried out Guarantees

7.5.2. Transfer on requisition or judicial decision

Customers also consent to the Publisher communicating the data collected to any person, upon requisition by a state authority or by judicial decision.


7.5.3. Transfer as part of a merger or acquisition

If the Publisher is involved in a merger, a sale of assets, a financing transaction, a liquidation or bankruptcy or in an acquisition of all or part of its activity by another company, the Clients agree that the data collected are transmitted by the Publisher to this company and that this company operates the processing of personal data referred to in these General Conditions of Service instead of the Publisher.


ARTICLE 8. INTELLECTUAL PROPERTY

8.1. Legal Protection of Site Content

The Contents of the Site are likely to be protected by copyright and database law. 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 will be liable give rise to legal proceedings for infringement.


8.2. Contractual protection of Site Content

The Internet user undertakes contractually with regard to the Publisher not to use, reproduce or represent, in any way whatsoever, the Contents of the Site, whether or not they are protected by an intellectual property right, for a purpose other 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. Terms and Conditions Protection

The general conditions of the Site, drawn up by the 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 give rise to legal proceedings for parasitism.


ARTICLE 9. FINAL STIPULATIONS

9.1. Applicable right

These Terms 

general are subject to the application of French law.


9.2. Changes to these Terms and Conditions

These general conditions may be modified at any time by the Publisher. The general conditions applicable to the Customer are those in force on the day of his order or his connection to this Site, any new connection to the personal space entailing acceptance, where applicable, of the new general conditions.


9.3. Disputes

Under Ordinance No. 2015-1033 of August 20, 2015, any disputes that may arise in the context of the execution of these general conditions and whose solution could not be found beforehand amicably between the parties must be submitted to Medicys: www.medicys.fr.


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


Any dispute relating to this contract or in connection with it will be settled by arbitration in accordance with the rules of the Digital Institute of Arbitration and Mediation: www.fast-arbitrator.com.


9.4. Wholeness

The nullity of one of the clauses of this contract will not entail the nullity of the other clauses of the contract or of the contract as a whole, which will retain their full effect and scope. In such a case, the parties must, as far as possible, replace the canceled stipulation with a valid stipulation corresponding to the spirit and the object of these presents.


9.5. Non-waiver

Failure by the Publisher to exercise the rights granted to it herein shall in no way be interpreted as a waiver of the assertion of said rights.


9.6. Telephone canvassing

The Customer is informed that he has the possibility of registering on the list of opposition to cold calling at the address http://www.bloctel.gouv.fr/.


9.7. Languages of these general conditions

These general conditions are offered in French.


9.8. Unfair terms

The stipulations of these 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.