Terms of sale
General terms and conditions of sale for the endoboutik.com website
applicable from 10/02/2022
ARTICLE 1. PARTIES
These general terms and conditions are applicable between Endo Boutik, SAS, share capital: €1,000, registered with the Trade and Companies Register of Bois Guillaume in France on 08/02/2022, under number 910 143 197, registered office: 280 Sentier des Forrières, 76230 Bois-Guillaume, FR, telephone: +33642423920, email: contact@endoboutik.com, VAT not applicable, Article 293B of the CGI, hereinafter referred to as ‘the Publisher’ and any person, natural or legal, under private or public law, registered on the Site to purchase a Product, hereinafter referred to as ‘the Customer’.
ARTICLE 2. DEFINITIONS
‘Customer’: any individual or legal entity, under private or public law, registered on the Website.
‘Website Content’: elements of any kind published on the Website, whether or not protected by intellectual property rights, such as text, images, designs, presentations, videos, diagrams, structures, databases or software.
‘The Publisher’: Endo Boutik, SAS in its capacity as publisher of the Website.
‘Internet User’: any natural or legal person, under private or public law, connecting to the Website.
‘Product’: goods of any kind sold on the Website by the Publisher to Customers.
‘Website’: website accessible at the URL endoboutik.com, as well as any sub-sites, mirror sites, portals and variations of the URL relating thereto.
ARTICLE 3. SCOPE OF APPLICATION
The Website is freely accessible to all Internet Users. By browsing the Website, all Internet Users agree to these terms and conditions. Simply connecting to the Website, by any means whatsoever, including via a robot or browser, implies full and complete acceptance of these terms and conditions. When registering on the Website, this acceptance will be confirmed by ticking the corresponding box.
The Internet user thereby acknowledges that they have read and understood these terms and conditions and accept them without restriction.
Ticking the above-mentioned box will be deemed to have the same value as a handwritten signature by the Internet user. The Internet user acknowledges the evidential value of the Publisher's automatic recording systems and, unless he or she can provide evidence to the contrary, waives the right to contest them in the event of a dispute.
These general terms and conditions apply to the relationship between the parties to the exclusion of all other terms and conditions, including those of the Internet user.
Acceptance of these general terms and conditions implies that Internet users have the necessary legal capacity to do so, or, failing that, that they have the authorisation of a guardian or curator if they are incapacitated, 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 WEBSITE
The purpose of the Website is to sell Products to Customers.
ARTICLE 5. STAGES OF THE ORDER
5.1. Order
To place an order, Internet users may select one or more Products and add them to their basket. The availability of Products is indicated on the Website, in the description of each item. When their order is complete, they can access their basket by clicking on the button provided for this purpose.
5.2. Confirmation of the order by the Internet User
By consulting their basket, Internet Users will be able to check the number and nature of the Products they have chosen and verify their unit price and total price. They will have the option of removing one or more Products from their basket.
If they are satisfied with their order, Internet Users can confirm it. They will then be taken to a form where they can either enter their login details if they already have them, or register on the Website by completing the registration form with their personal information.
5.3. Payment by the Customer
Once they are logged in or have completed the registration form, Customers will be asked to check or modify their delivery and billing details, and will then be asked to make their payment by being redirected to the secure payment interface marked ‘order with obligation to pay’ or any similar wording.
5.4. Confirmation of the order by the Publisher
Once payment has been received by the Publisher, the latter undertakes to acknowledge receipt to the Customer by electronic means within a maximum of 24 hours. Within the same period, the Publisher undertakes to send the Customer an e-mail summarising the order and confirming its processing, including all the relevant information.
ARTICLE 6. PRICES - PAYMENT
6.1. Prices
The applicable prices are those displayed on the Website on the day of the order. These prices may be modified at any time by the Publisher. The prices displayed are only valid on the day of the order and do not apply in the future.
The prices indicated on the Website are in euros, inclusive of all taxes, excluding delivery costs.
6.2. Payment
The Customer may pay via Stripe.
When paying by credit card, the Publisher has no access to any data relating to the Customer's means of payment. Payment is made directly to the bank.
In the event of payment by money order, cheque or bank transfer, delivery times shall only begin to run from the date on which the payment is received by the Publisher.
6.3. Invoicing
The Publisher will send or make available to the Customer an electronic invoice after each payment. The Customer expressly agrees to receive invoices electronically.
6.4. Default of payment
The agreed payment dates may not be delayed under any circumstances, including in the event of a dispute.
Any sum not paid by the due date shall automatically and without formal notice give rise to the application of late payment penalties calculated on the basis of a rate equal to three times the legal interest rate, without this penalty affecting the enforceability of the sums due in principal.
In addition, any delay in payment will result in the defaulting Customer being invoiced for collection costs of 40 euros, the immediate payment of all outstanding sums regardless of the agreed deadlines, plus compensation of 20% of the amount as a penalty clause, as well as the possibility of unilaterally terminating the contract at the Customer's expense. This clause is in accordance with the provisions of Article 1152 of the Civil Code, which allows the judge to reduce the compensation if he considers it to be excessive.
6.5. Retention of title
The Products sold remain the property of the Publisher until full payment of their price, in accordance with this retention of title clause.
ARTICLE 7. CUSTOMER SERVICE
The Website's customer service department is available Monday to Friday from 9am to 5pm on the following standard rate telephone number: 0912345678, by email at: ventes@endoboutik.com or by post at the address indicated in Article 1 of these general terms and conditions. In the latter two cases, the Publisher undertakes to respond within 5 hours.
ARTICLE 8. PERSONAL ACCOUNT
8.1. Creation of a personal account
The creation of a personal account is a prerequisite for any order placed by an Internet user on the Website. To this end, the Internet user will be asked to provide certain personal information. Some of this information is considered essential for the creation of a personal account. Refusal by an Internet User to provide this 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 asked to choose a password. This password guarantees the confidentiality of the information contained in the personal space. The Internet user therefore undertakes not to pass it on or communicate it to a third party. Otherwise, the Publisher cannot be held responsible for unauthorised access to an Internet user's personal space.
The Customer undertakes to regularly check the data concerning them and to make any necessary updates and modifications online, from their personal space.
8.2. Content of the personal space
The personal space allows the Customer to view and track all orders placed on the Site.
The pages relating to personal spaces may be freely printed by the account holder in question, but do not constitute evidence admissible in court. They are for information purposes only, intended to ensure the effective management of orders by the Customer.
The Publisher undertakes to securely store all contractual elements whose storage is required by law or regulations in force.
8.3. Deletion of the personal space
The Publisher reserves the right to delete the account of any Customer who contravenes these general terms and conditions, in particular when the Customer provides inaccurate, incomplete, misleading or fraudulent information, as well as when a Customer's personal space has been inactive for at least one year. Such deletion shall not constitute a fault on the part of the Publisher or damage to the excluded Customer, who shall not be entitled to any compensation as a result.
This exclusion is without prejudice to the Publisher's right to take legal action against the Customer, where the facts so justify.
ARTICLE 9. PERSONAL DATA
As part of its service, the Publisher will be required to process its Customers' personal data.
9.1. Identity of the data controller
The Publisher is responsible for the collection and processing of data on the Website.
9.2. 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 hyperlink to our website URL.
9.3. Data collected
9.3.1. Data collected from customers
Within the framework of its contractual relationships, the Publisher may collect and process information from its Customers, namely: Email, Surname and first name, Telephone number, Address, state, province, postcode, city, Contract history.
9.3.2. Data collected from customers
The data collected during the contractual relationship is subject to automated processing for the following purposes:
- To initiate legal proceedings;
- To verify the identity of Customers;
9.3.3. Legal basis for processing
The legal basis for the data collected is a contractual relationship.
9.3.4. Recipients of the data
The data collected can only be accessed by the Publisher within the limits strictly necessary for the performance of contractual commitments.
This data, whether in individual or aggregate form, is never made freely available for viewing by a third party.
9.3.5. Retention period for personal data
The personal data collected is retained for the duration of the contractual relationship and for the period during which the Publisher may be held liable.
Once the retention period has expired, the Publisher undertakes to permanently delete the data of the persons concerned without retaining a copy.
9.3.6. Security and confidentiality of personal data
Personal data is stored in secure conditions, using the latest technology, in accordance with the provisions of the General Data Protection Regulation and the national legislation in force.
Access to the Publisher's premises is also secure.
9.3.7. Data minimisation
The Publisher may also collect and process any data voluntarily provided by its Customers.
The Publisher advises its Customers to provide only personal data that is strictly necessary for the performance of contractual commitments.
The Publisher undertakes to store and process only data that is strictly necessary for its professional activities, and will delete any data received that is not useful for its activities as soon as possible.
9.4. Respect for rights
The Publisher's Customers have the following rights regarding their personal data, which they may exercise by writing to the Publisher's postal address or by completing the online contact form.
9.4.1. Right to information, access and communication of data
The Publisher's Customers have the right to access their personal data.
Due to the Publisher's obligation to ensure the security and confidentiality of personal data processing, requests will only be processed if Customers provide proof of their identity, in particular by providing a scan of their valid identity document (in the case of a request made using the dedicated electronic form) or a signed photocopy of their valid identity document (in the case of a request made in writing), both accompanied by the statement "I certify on my honour that this copy of my identity document is a true copy of the original. Done at ... on ...", followed by their signature.
To assist them in this process, Customers will find here a template letter prepared by the CNIL.
9.4.2. Right to rectification, erasure and the right to be forgotten
The Publisher's Customers may request the rectification, updating, blocking or erasure of their personal data which may, where applicable, be inaccurate, erroneous, incomplete or obsolete.
The Publisher's Customers may also define general and specific guidelines regarding the fate of personal data after their death. Where applicable, the heirs of a deceased person may request that the death of their relative be taken into account and/or that the necessary updates be made.
To assist them in this process, Customers will find here a template letter prepared by the CNIL.
9.4.3. Right to object to data processing
The Publisher's Customers have the right to object to the processing of their personal data.
To assist them in this process, Customers will find here a template letter prepared by the CNIL.
9.4.4. Right to data portability
The Publisher's Customers have the right to receive the personal data they have provided to the Publisher in a transferable, open and readable format.
9.4.5. Right to restriction of processing
The Publisher's Customers have the right to request that the processing of their personal data by the Publisher be restricted. This means that their data may only be stored and no longer used by the Publisher.
9.4.6. Response times
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 shall not exceed one month from receipt of the request.
9.4.7. Complaints to the competent authority
If the Publisher's Customers consider that the Publisher is not complying with its obligations regarding their personal data, they may lodge a complaint or request with the competent authority. In France, the competent authority is the CNIL, to which they may submit a request here.
9.5. Transfer of collected data
9.5.1. Transfer to partners
The Publisher uses authorised 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 ensured in advance that its service providers implement adequate safeguards and comply with strict conditions regarding confidentiality, use and data protection, for example via the US Privacy Shield.
The Publisher uses the following subcontractors:
Quality Partner Destination country Processing carried out Safeguards
9.5.2. Transfer upon request or court order
Customers also consent to the Publisher communicating the data collected to any person, upon request from a state authority or by court order.
9.5.3. Transfer in the context of a merger or acquisition
If the Publisher is involved in a merger, sale of assets, financing operation, liquidation or bankruptcy, or in an acquisition of all or part of its business by another company, Customers consent to the Publisher transferring the data collected to that company and to that company processing the personal data referred to in these General Terms and Conditions of Service in place of the Publisher.
ARTICLE 10. LIABILITY OF THE PUBLISHER
10.1. Nature of the Publisher's obligations
The Publisher undertakes to exercise the necessary care and diligence in providing quality Products that comply with the specifications of these Terms and Conditions. The Publisher is only liable for an obligation of means with regard to the services covered by these Terms and Conditions.
10.2. Force majeure - Customer fault
The Publisher shall not be held liable in the event of force majeure or Customer fault, as defined in this article:
10.2.1. Force majeure
Within the meaning of these Terms and Conditions, any impediment, limitation or disruption to the Service due to fire, epidemic, explosion, earthquake, bandwidth fluctuations, failure attributable to the access provider, transmission network failure, collapse of facilities, illegal or fraudulent use of passwords, codes or references provided to the Customer, computer hacking, a security breach attributable to the Site host or developers, flooding, power failure, war, embargo, law, injunction, request or requirement of any government, requisition, strike, boycott, or other circumstances beyond the reasonable control of the Publisher. In such circumstances, the Publisher shall be exempt from performing its obligations to the extent of such impediment, limitation or disruption.
10.2.2. Fault of the Customer
For the purposes of these Terms and Conditions, any misuse of the Service, fault, negligence, omission or failure on the part of the Customer or its employees, failure to comply with the advice given by the Publisher on its Website, any disclosure or unlawful use of the password, the Customer's codes and references, as well as the provision of incorrect information or failure to update such information in their personal space. The implementation of any technical process, such as robots or automatic queries, whose implementation would contravene the letter or spirit of these general terms and conditions of sale shall also be considered as a fault on the part of the Customer.
10.3. Technical problems - Hypertext links
In the event of inability to access the Site due to technical problems of any kind, the Customer may not claim damages or compensation. The unavailability, even prolonged and without any time limit, of one or more online services shall not constitute a prejudice to Customers and shall not give rise to any compensation from the Publisher.
The hypertext links on the Site may refer to other websites. The Publisher cannot be held liable if the content of these sites contravenes the legislation in force. Similarly, the Publisher cannot be held liable if the Internet User's visit to one of these sites causes them harm.
Given the current state of technology, the appearance of the Products offered for sale on this Website, particularly in terms of colours and shapes, may vary significantly from one computer to another or differ from reality depending on the quality of the graphics card and screen or the display resolution. These variations and differences cannot under any circumstances be attributed to the Publisher, who cannot be held liable for them.
10.4. Damages payable by the Publisher
In the absence of any legal or regulatory provisions to the contrary, the Publisher's liability is limited to direct, personal and certain damage suffered by the Customer and related to the failure in question. The Publisher shall in no event be held liable for indirect damage such as, in particular, loss of data, commercial damage, loss of orders, damage to brand image, commercial disruption and loss of profits or customers. Similarly, and within the same limits, the amount of damages payable by the Publisher shall in no event exceed the price of the Product ordered.
10.5. Hypertext links and content of the Website
The Content of the Website is published for information purposes only, without any guarantee of accuracy. The Publisher cannot be held liable for any omission, inaccuracy or error contained in this information that may cause direct or indirect damage to the Internet user.
ARTICLE 11. INTELLECTUAL PROPERTY
11.1. Legal protection of the Website Content
The Website Content may be protected by copyright and database rights. Any representation, reproduction, translation, adaptation or transformation, in whole or in part, carried out illegally and without the consent of the Publisher or its beneficiaries or successors constitutes a violation of Books I and III of the Intellectual Property Code and may give rise to legal proceedings for infringement.
11.2. Contractual protection of the Site's Content
The Internet user contractually undertakes to the Publisher not to use, reproduce or represent, in any way whatsoever, the Site's Content, whether or not it is protected by intellectual property rights, for any purpose other than reading it by a robot or browser. This prohibition does not apply to indexing robots whose sole purpose is to scan the content of the Website for indexing purposes.
ARTICLE 12. FINAL PROVISIONS
12.1. Applicable law
These general terms and conditions are subject to French law.
12.2. Amendments to these general terms and conditions
These general terms and conditions may be amended at any time by the Publisher. The general terms and conditions applicable to the Customer are those in force on the day of their order or connection to this Site, with any new connection to the personal space implying acceptance of the new general terms and conditions, where applicable.
12.3. Disputes
Pursuant to Order No. 2015-1033 of 20 August 2015, any disputes that may arise in connection with the performance of these terms and conditions and which cannot be resolved amicably between the parties shall be submitted to the London Court of International Arbitration.
In addition, the Customer is informed of the existence of the online dispute resolution platform, accessible at the following URL: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
Since 1 January 2016, mediation has been mandatory for all. Thus, any professional selling to private individuals is required to provide the contact details of a competent mediator in the event of a dispute, regardless of whether they sell remotely or in a physical store (Source: FEVAD).
Legalstart / contact@legalstart.com
12.4. Entire agreement
The invalidity of any clause in this contract shall not invalidate the other clauses of the contract or the contract as a whole, which shall remain in full force and effect. In such a case, the parties shall, as far as possible, replace the invalid clause with a valid clause that corresponds to the spirit and purpose of this contract.
12.5. Non-waiver
The Publisher's failure to exercise the rights granted to it herein shall in no way be construed as a waiver of such rights.
12.6. Telemarketing
The Customer is informed that they may register on the telemarketing opposition list at http://www.bloctel.gouv.fr/.
12.7. Languages of these general terms and conditions
These general terms and conditions are available in French.
12.8. Unfair terms
The provisions of these general terms and 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.
