1. PRELIMINARY INFORMATION
1.1 LEGAL NOTICE
www.classyfitgaine.fr is published by the company CLASSY, contact@classyfitgaine.fr
The site is hosted by OVH SAS - RCS Roubaix - Tourcoing 424 761 419 00045 Hosting address: 2 rue Kellermann, 59100 Roubaix, France.
1.2 PURPOSE
This site is freely accessible to all Internet users. Its purpose is the online sale of girdles, creams and treatments.
1.3 ACCEPTANCE OF THE GENERAL CONDITIONS
Ordering on this site assumes acceptance by the Internet user of these general conditions. The Internet user recognizes by the same fact to have taken full knowledge of it. This acceptance will consist in the fact, for the Internet user, of validating these general conditions of sale and use.
This fact of validating the general conditions will have the same value as a signature on the part of the Internet user. The Internet user recognizes the value of proof of the site editor's automatic registration systems and, unless he provides proof to the contrary, he waives the right to challenge them in the event of a dispute.
Acceptance of these general conditions assumes on the part of Internet users that they have the necessary legal capacity for this, or failing that they have the authorization of a tutor or curator if they are unable to do so. or their legal representative if they are minors.
2. PREAMBLE
In the context of the use of the personalization service, customers furthermore undertake and without any limit or reservation to:
• use the services provided by the publisher with due diligence,
• respect the rights of third parties,
• not to use the site's services for commercial purposes,
• comply with all laws or regulations in force,
• not to upload any racist content, contrary to public order or good morals or contrary to a legislative or regulatory provision in force.
The use of the service by customers will be under their sole and entire responsibility. They remain responsible for their actions committed in the use of this service and answer them before the competent courts. Any violation of these general conditions that has resulted in damage or constituting a violation of regulatory or legislative provisions may be pursued directly against the customer who thereby frees the editor of the service from any liability in the matter.
3. ORDERS SUBSCRIBE TERMS AND DESCRIPTION OF THE PURCHASING PROCESS
The availability of products is indicated on the site, in the description of each article. In order to place an order, Internet users can select one or more items, personalize them and add them to their basket. When their order is complete, they can access their basket by clicking on the button provided for this purpose. By consulting their basket, Internet users will be able to check the number and the nature of the items they have chosen and will be able to check their unit price as well as the overall price of the order. They will have the option of removing one or more items from their basket. This summary will also indicate to customers the option they have or not to exercise their right of withdrawal as well as the time limits that apply. If their order suits them and they wish to validate it, Internet users can click on the validate button, they will then access a form in which they can either enter their login details if they already have one, or register on the site by completing the form presented to them, with their personal information. As soon as they are connected or after they have perfectly completed the form, customers will be invited to check or modify their delivery and billing details and then will be invited to make their payment by being directed to this effect on the secure payment interface.
Once payment has been received by the site publisher, the latter undertakes to acknowledge receipt to the customer electronically, within a reasonable period of time. Similarly and within the same period, the publisher undertakes to send to the customer an email summary of the order and him confirming the treatment, including all the information relating to the order, the products ordered, their delivery, as well as the terms of exercise of their right of withdrawal.
4. PRICE
The prices indicated on the site are understood to include all taxes, excluding delivery costs. These prices can be changed at any time by the publisher, the prices displayed are only valid on the day of the order and have no effect for the future. The price applicable to the customer is that in force at the time of the order. The delivery costs will, in any event, be indicated to the customer before any payment. In this regard, it will be up to the customer to contact customer service if the place of delivery is not offered during the ordering process.In the event of delivery outside the customs territory of the European Union, the customer is informed that customs duties and other taxes may be payable. The necessary formalities and the payment of said duties and taxes are not the responsibility of the publisher and will in any event be the responsibility of the customer. It is therefore the customer's responsibility to check all these data as well as the possibilities of importing the product with the competent authorities of the country of delivery, before any order.
5. RETENTION OF OWNERSHIP CLAUSE
The products sold remain the property of the publisher until full payment of their price, in accordance with this retention of title clause. The risks are transferred to the customer as from the delivery.
6. PAYMENT INFORMATION
The Internet user can place an order on this site and pay by Paypal and credit card via Paypal. Credit card payments are made through secure transactions provided by Paypal. In the context of payments by credit card, the site editor has no access to any data relating to the user's means of payment.
7. DELIVERY OR PROVISION
Orders are shipped by So Colissimo within 2 working days of receipt of the price corresponding to the order (extended period during the pre-order periods approximately 10 to 15 working days or promotion period). Certain products or certain order volumes may nevertheless justify a longer delivery time, this will be expressly mentioned to the attention of the consumer when confirming the order.
In the event of delivery of a package which is clearly and visibly damaged, incomplete or containing damaged items, it is the customer's responsibility to refuse it in order to benefit from the guarantee offered by the carrier. The customer must also inform the seller without delay, so that a new package can be prepared and then shipped upon receipt of the damaged package in return. In such a case, the delivery times indicated above in these general conditions will no longer apply.
8. PROVISIONS RELATING TO CONSUMER RIGHTS
8.1 CUSTOMER SERVICE
You can contact us by email at the following address contact@classyfitgaine.fr. We will do our best to respond within two working days.
8.2 RETURN
The entire range of sheaths is neither taken back nor exchanged. This kind of product being considered as an underwear, we cannot accept exchanges and returns.
We offer consumers the option of retracting within 14 working days of receipt thereof. In order to exercise this right, it is their responsibility to return (at their expense) the package to the address indicated on the package accompanied by a letter requesting the return or the invoice. By express agreement, the customer acknowledges being fully informed that the product will be returned at his expense: the customer will thus bear the costs of returning the returned product. The consumer must express his intention to withdraw in writing within 14 days of receipt of the product.
All returns must be made in full (original packaging, instructions, accessories, copy of the invoice) and the returned products must be in perfect condition for resale, so they must not be worn, soiled or damaged.
In addition, it is recalled that customers may not under any circumstances return products that are clearly personalized or made to their specifications.
9. GUARANTEE OF PRODUCTS PURCHASED ON THIS SITE
In the event of a defect in a product purchased on the site, customers have, in accordance with the provisions of the Civil Code, the legal guarantee against hidden defects and, in accordance with the provisions of the Consumer Code, the legal guarantee of conformity. In order to exercise any of these rights, it is up to them to contact the publisher's customer service department. The hidden defect being a defect of the item which, under normal conditions of use, renders it unfit for the use for which it is intended and the obligation of conformity being understood as the delivery of the item contractually agreed upon, the The publisher of this site is notably not responsible for normal wear and tear of the products, non-compliance with their instructions for use, accidental damage or damage resulting from abnormal use of the products.
10. PERSONAL SPACE
10.1 CREATION OF SPACE
The creation of a personal space is a prerequisite for any order from an Internet user on this site. To this end, the member will be asked to provide a certain amount of personal information. The member agrees to provide accurate information under penalty of deletion of the customer account. Certain information will be essential for the creation of the personal space and the validation of the contract. The refusal by a member 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.
10.2 OPERATION
This space allows the customer or member to consult all of his orders made on the site and to modify his personal information. If the data contained in the personal space section were to disappear as a result of a fortuitous event, a technical failure or a case of force majeure, the responsibility of the publisher of the site could not be engaged, this information having only an informative character. The publisher, however, undertakes to securely store all contractual elements whose retention is required by law or regulations in force. The publisher reserves the exclusive right to delete the account of any member who has contravened these general conditions (in particular, but without this example being of any nature whatsoever, when the member has knowingly provided incorrect information, during his registration and creation of their personal space) or any account inactive for at least one year. Said deletion will not be liable to constitute damage for the excluded member who will not be able to claim any compensation for this fact.
This exclusion does not exclude the possibility, for the publisher, to take legal action against the member, when the facts have justified it.
10.3 PASSWORD
When creating the personal space, the Internet user is invited to choose a password. This password constitutes the guarantee of the confidentiality of the information contained in his personal space and the Internet user therefore refrains from transmitting or communicating it to a third party. Otherwise, the site cannot be held responsible for unauthorized access to a member's account.
11. EDITOR'S NEWSLETTER
By expressly giving their consent to this end, members accept that the publisher can send them, at a frequency and in a form that he will determine, a newsletter (newsletter) which may include information relating to his activity and agree to receive commercial offers from the publisher of this site for products similar to those ordered.
Members will be able to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each of the newsletters (newsletters).
12. PROTECTION OF PERSONAL DATA
12.1 GENERAL - PURPOSE - DURATION
Internet users have the free right to provide personal information concerning them. The provision of personal information is not essential for browsing the site. On the other hand, registration on this site assumes the collection, by the publisher, of a certain amount of personal information about Internet users. Internet users who do not wish to provide the information necessary to create a personal space will not be able to place an order on the site.The data collected are necessary for the proper administration of the services offered on the site as well as for compliance by the publisher. of its contractual obligations. These data are kept by the publisher in this sole capacity, and the publisher undertakes not to use them in any other context, nor to transmit them to third parties, without the express consent of users or cases provided for by law. The contact details of all users registered on the site are saved for a maximum period of six months from the removal of the personal space, a reasonable period necessary for the proper administration of the site and normal use of data. These data are stored in secure conditions, using current technical means, in compliance with the legal provisions in force.
12.2 RIGHT OF ACCESS, CORRECTION AND OPPOSITION
In accordance with current legislation, members have the right to object, query, access and rectify the data they have provided. To do this, they just need to make a request to the site editor, by sending it to the following email address: contact@classyfitgaine.fr, or by post to the address of the publisher's headquarters. mentioned at the top of these general conditions. The personal data collected is subject to computer processing and is exclusively reserved for the site editor.
12.3 IP ADDRESS
In addition, the publisher reserves the right to collect the public Internet Protocol (IP) address of all Internet users. The collection of this IP address will be carried out anonymously, it will be kept for the same duration as the personal information and will only be intended to allow proper administration of the services offered on the site. The IP address is a series of numbers separated by dots that uniquely identifies a computer on the Internet.
The publisher must communicate all personal data relating to an Internet user to the Police (on judicial requisition) or to any person (on order of the judge). The IP address of any computer can be reconciled with the actual identity of the subscriber held by the ISP (Internet service provider).
13. NOTICE RELATING TO THE COLLECTION OF "COOKIES"
13.1 GENERAL - PURPOSE - DURATION
In order to allow all Internet users optimal navigation on this site as well as better functioning of the various interfaces and applications, the publisher may proceed to the installation of a cookie on the user's computer station. This cookie is used to store information relating to navigation on the site (date, page, times), as well as any data entered by Internet users during their visit (searches, login, email, password). These cookies are intended to be stored on the Internet user's computer workstation for a variable period of up to one month, and can be read and used by the publisher during a subsequent visit by the Internet user to the site.
13.2 RIGHT OF OBJECTION TO THE IMPLEMENTATION OF THE COOKIE
The user has the option of blocking, modifying the retention period, or deleting this cookie via their browser interface (generally: tools or options / privacy or confidentiality). In such a case, navigation on this site will not be optimized. If the systematic deactivation of cookies on the Internet user's browser prevents him from using certain services or functions provided by the publisher, this malfunction can in no way constitute damage to the member who cannot claim any compensation from thereby.
13.3 DELETION OF COOKIES
Internet users also have the option of deleting cookies previously present on their computer, by going to the menu of their browser provided for this purpose (generally, tools or options / privacy or confidentiality). Such an action does not affect their navigation on the site, but causes users to lose all the benefit provided by the cookie. In this case, they will have to re-enter all the information concerning them.
14. EXEMPTION FROM THE RESPONSIBILITY OF THE PUBLISHER IN THE CONTEXT OF THE EXECUTION OF THIS CONTRACT
If it is impossible to access the site, due to technical problems or of any kind, the customer cannot claim any damage and cannot claim any compensation. The unavailability, even prolonged and without any limitative duration, of one or more products, cannot be constitutive of a prejudice for the Net surfers and cannot in any way give rise to the award of damages from the site or from its publisher. The publisher can in no way be held responsible for the non-performance or poor performance of the contract that may be directly or indirectly attributable to the act of the customer or to a case of force majeure, within the meaning given to it by the courts of French law. The visual representations of the products, published on the site, are guaranteed by the publisher as perfectly faithful to reality, in order to meet its obligation of perfect information. However, in the current state of the art, the rendering of these representations, in particular in terms of colors or shape, may vary significantly from one computer station to another or differ from reality depending on the quality of the graphics accessories and the screen or depending on the display resolution. These variations and differences can in no way be attributed to the publisher who can in no case be held liable for this fact. The hypertext links on the site may refer to other websites and the responsibility of the publisher of this site cannot be engaged if the content of these sites violates the laws in force. Likewise, the publisher of this site cannot be held liable if the visit by the Internet user to one of these sites causes him harm.
15. INTELLECTUAL PROPERTY RIGHTS RELATING TO THE ELEMENTS PUBLISHED ON THIS SITE
All the elements constituting this site are protected by legislation relating to intellectual property.
Internet users therefore recognize that, in the absence of authorization, any total or partial copy and any distribution or use of one or more of these elements, even modified, will be liable to give rise to legal proceedings against them by the publisher or his beneficiaries.
This protection will cover all the textual and graphic content of the site, but also its structure, its name and its graphic charter.
16. RIGHT OF INTELLECTUAL PROPERTY RELATING TO THE ELEMENTS DOWNLOADED BY THE CUSTOMER
This site allows Internet users to personalize their smartphone and / or tablet by downloading an image of their choice. The Internet user acknowledges holding the rights necessary for the use of this service, in particular intellectual property rights. It is up to the Internet user to control the conformity of the downloaded image with the laws and regulations in force.
As such, CLASSYPHONECASE cannot be held responsible for any violation of the intellectual property rights of a third party.
17. MODIFICATION OF GENERAL CONDITIONS
These general conditions may be modified at any time by the site editor or his agent. The general conditions applicable to the customer are those in force on the day of his order. The publisher obviously undertakes to keep all of its old general conditions and to send them to any user who requests them.
18. APPLICABLE LAW AND COMPETENT JURISDICTIONS
These general conditions are subject to the application of French law and the jurisdiction of French courts. The language of the contract is French. Any other version of the general conditions available in a foreign language on the site is for informational purposes only.