Terms of sale
General terms and conditions of sale for the website avenueswimclub.com
applicable from 22/07/2022
ARTICLE 1. PARTIES
These general conditions are applicable between avenueswimclub, Auto-entrepreneur, registered with the RCS of Colombes in France, under the number 78996787400031, registered office: BP 25, 92702 Colombes Cedex, FR, telephone: +33626917261, email: contact@avenueswimclub.com, VAT not applicable, article 293B of the CGI, hereinafter "the Publisher" and any person, natural or legal, under private or public law, registered on the Site to buy a Product, hereinafter “the Customer”.
ARTICLE 2. DEFINITIONS
“Customer ”: any natural or legal person, under private or public law, registered on the Site.
"Site Content": elements of any kind published on the Site, whether or not protected by a n intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.
"The Publisher": avenueswimclub, Auto-entrepreneur 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 nature sold on the Site by the Publisher to Clients.
“Site ”: website accessible at the URL avenueswimclub.com, as well as the sub- sites, mirror sites, portals and variations of URLs 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 token having read them fully and accepting them without restriction.
Checking the above box will be deemed to have the same value as a handwritten signature from the Internet user. The Internet user acknowledges the value of proof of the Publisher's automatic recording 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 that Internet users have the necessary legal capacity to do so, or failing that, that they have the authorization of a guardian or a curator if they are incapable, 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. ORDER STEPS
5.1. Order
To place an order, Internet users can select one or more Products and add them to their basket. The availability of the Products is indicated on the Site, 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.Validation of the order by the Internet user
By consulting their basket, Internet users will have the option of checking the number and the nature of the Products they have chosen and will be able to check their unit price, as well as their price. global They will be able to remove one or more Products from their basket.
If their order suits them, Internet users will be able to validate it. They will then access a form on which they can either enter their login credentials if they already have them, or register on the Site by completing the registration form with their personal information.
5.3. Payment by the CustomerAs soon as they are connected or after they have fully completed the registration form, Customers will be invited to check or modify their delivery and billing details, then will be invited to make their payment by being redirected for this purpose to the secure payment interface with the words "order with obligation to pay" or any similar formula.
5.4. Confirmation of the order by the Publisher
Once the payment has actually been received by the Publisher, the latter undertakes to acknowledge receipt to the Customer electronically, within a maximum of 24 hours. Within the same period, the Publisher undertakes to send the Customer an email summarizing the order and confirming that it has been processed, containing all the information relating thereto.
ARTICLE 6. PRICE - PAYMENT
6.1. Price
The applicable prices are those displayed on the Site 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 have no effect for the future.
The prices indicated on the Site are understood to be in euros, all taxes included, excluding delivery costs.
6.2. Method of payment
The Customer can pay.
In the context of payments by credit card, the Publisher does not have access to any data relating to the means of payment of the Customer. Payment is made directly to the bank.
In the event of payment by money order, check or bank transfer, delivery times only begin to run from the date of receipt of payment by the Publisher.
6.3. Invoicing
The Publisher will send or make available to the Client an invoice electronically after each payment. The Customer expressly agrees to receive invoices electronically.
6.4. Failure to pay
The agreed payment dates may not be delayed for any reason whatsoever, including in the event of a dispute.
Any amount not paid on the due date will give rise to automatically and without notice, to the application of late payment penalties calculated on the basis of a rate equal to 3 times the legal interest rate, without this penalty affecting the payment of the sums due in principal.
In addition, any delay in payment will result in the invoicing of the defaulting Customer of recovery costs in the amount of 40 euros, the immediate payment of all sums remaining due regardless of the agreed deadlines, plus an indemnity of 20% of the amount as a penalty clause, as well as the possibility of terminating the contract unilaterally at the fault of the Customer. This clause falls within the framework of the provisions of article 1152 of the civil code allowing the judge to reduce the compensation if the judge considers that it is 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 Site's customer service is accessible from the site's contact page: If you have any questions, we invite you to contact us at contact@avenueswimclub.com or by email to contact@avenueswimclub.com or by post to the address indicated in article 1 of these general conditions.
ARTICLE 8. PERSONAL SPACE
8.1. Creation of the 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 carry out regular checks of the data concerning him and to proceed online, from his personal space, to the necessary updates and modifications.
8.2. Content of the personal space
The personal space allows the Customer to consult and follow all his orders placed on the Site.
The pages relating to the personal spaces are freely printable by the holder of the account in question, but do not constitute evidence admissible in court. They have only an informative character intended to ensure an effective management of its orders by the Customer.
The Publisher undertakes to store in a secure manner all the contractual elements whose storage is required by the applicable law or regulation.
8.3. Deletion of the 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 a Customer's personal space has been inactive for at least one year. Said deletion will not be likely to constitute a fault on the part of the Publisher or damage to the excluded Customer, who may not claim any compensation for this fact.
This exclusion is without prejudice to the possibility, for L 'Publisher, to undertake legal proceedings against the Customer, when the facts have justified it.
ARTICLE 9. PERSONAL DATA
As part of its service , the Publisher will be required to process the personal data of its Customers.
9.1. Identity of the data controller
The controller responsible for collecting and processing data on the Site is the Publisher.
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 hypertext link to the URL of our site
9.3. Data collected
9.3 .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
9.3.2. Data collected from customers
The data collected during the contractual relationship is subject to automated processing for the purpose of:
- Initiating legal proceedings;
- Verify the identity of Clients;
9.3.3. Legal bases 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 consulted by the Publisher within the limits strictly necessary for the performance of contractual commitments.
These data, whether in individual or aggregated form, are never made freely viewable by a third-party natural person.
9.3.5. Duration of storage of personal data
The personal data collected is kept for the duration of the contractual relationship, and for the time during which the Publisher's liability may be engaged.
After retention period, the Publisher undertakes to permanently delete the data of the persons concerned without keeping a copy.
9.3.6. Security and confidentiality of personal data
Personal data is stored in secure conditions, using 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.
9.3.7. Minimization of data
The Publisher may also collect and process any data voluntarily transmitted by its Clients.
The Publisher directs its Clients to provide personal data strictly necessary for the execution of contractual commitments.
The Publisher undertakes to store 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.
9.4. Respect for rights
The Publisher's Customers 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.
9.4.1. Right to information, access and communication of data
The Clients of the Publisher have the possibility of accessing the personal data concerning them.
Due to the obligation security and confidentiality in the processing of personal data which is the responsibility of 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 by 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 process, Customers will find here a letter template developed by the CNIL.
9.4.2.Right of rectification, deletion and right to be forgotten
The Publisher's Customers have the possibility of requesting the rectification, updating, blocking or deletion of their personal data which may prove to be inaccurate, erroneous, incomplete or obsolete, where applicable
The Clients of the Publisher may 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 require that the death of their loved one be taken into consideration and/or that the necessary updates be made.
To help them in their process, Customers will find here a letter template developed by the CNIL.
9.4.3. Right of opposition to data processing
The Publisher's Customers 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.
9.4.4. 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.
9.4.5. Right to restriction of processing
The Clients of the Publisher 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.
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 may not exceed 1 month from receipt of the request.
9.4.7. 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.
9.5. Transfer of collected data
9.5.1. 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 | Country of destination | Processing performed | Guarantees |
9.5.2. Transfer upon requisition or court order
Clients also consent to the Publisher communicating the data collected to any person, upon requisition by a state authority or by court order.
9.5. 3.Transfer in connection with a merger or acquisition
If the Publisher is involved in a merger, sale of assets, financing transaction, liquidation or bankruptcy or in an acquisition of any or part of its activity by another company, the Customers agree that the data collected be 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 of the Publisher
ARTICLE 10. RESPONSIBILITY OF THE EDITOR
10.1. Nature of the Publisher's obligations
The Publisher undertakes to take the care and diligence necessary to supply quality Products that comply with the specifications of these General Conditions. The Publisher is only liable for an obligation of means concerning the services covered by these presents.
10.2. Force majeure - Client's fault
The Publisher shall not be liable in the event of force majeure or Client's fault, as defined in this article:
10.2. 1. Force majeure
Within the meaning of these general conditions, any prevention, limitation or disruption of the Service due to fire, epidemic, explosion, earthquake will be considered as a case of force majeure opposable to the Customer. land, fluctuations in bandwidth, failure attributable to the access provider, failure of transmission networks, collapse of installations, illicit or fraudulent use of passwords, codes or references provided to the Customer, hacking, a security breach attributable to the Site host or the developers, flooding, power failure, war, embargo, law, injunction, demand or requirement of any government, requisition, strike, boycott, or other circumstances beyond the reasonable control of the Publisher. In such circumstances, the Publisher will be exempted from performing its obligations within the limits of this impediment, this limitation or this disturbance.
10.2.2. Fault of the Customer
Within the meaning of these General Conditions, will be considered as a fault of the Customer opposable to the latter any misuse of the Service, fault, negligence, omission or failure on his part or that of his employees, non-compliance with the advice given by the Publisher on its Site, any unlawful disclosure or use of the Customer's password, codes and references, as well as the provision of incorrect information or the failure to update such information in his personal space. Will also be considered as a fault of the Customer the implementation of any technical process, such as robots, or automatic requests, the implementation of which would contravene the letter or the spirit of these general conditions of sale.
10.3. Technical problems - Hypertext links
In the event of impossibility of access to the Site, due to technical problems of any kind, the Customer may not claim damages and may not claim any compensation. The unavailability, even prolonged and without any time limit, of one or more online services, cannot constitute a prejudice for the Customers and cannot in any way give rise to the granting of damages 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 visit by the Internet user to one of these sites causes him harm.
In the current state of the art, the rendering of the representations of the Products offered for sale on this Site, particularly in terms of colors or shapes, may vary significantly from one computer station to another. or differ from reality according to the quality of the graphic accessories and the screen or according to the resolution of the display These variations and differences cannot in any case be imputed to the Publisher who cannot in any case be held liable for this fact.
10.4. Damages payable by the Publisher
In the absence of legal or regulatory provisions to the contrary, the Publisher's liability is limited to the direct, personal and certain damage suffered by the Client and related to the failure in question. The Publisher cannot under any circumstances be held liable for consequential damages such as, in particular, loss of data, commercial damage, loss of orders, damage to the brand image, commercial disturbances and loss of profits or of customers. Similarly and within the same limits, the amount of damages charged to the Publisher may not in any event exceed the price of the Product ordered.
10.5. Hypertext links and content of the Site
The Content of the Site is published for information only, without guarantee of accuracy. The Publisher cannot under any circumstances be held responsible for any omission, inaccuracy or any error contained in this information and which would be the cause of direct or indirect damage caused to the Internet user.
ARTICLE 11. INTELLECTUAL PROPERTY
11.1. Legal protection of Site Content
The Site Content may 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 to give rise to legal proceedings for infringement.
11.2. Contractual protection of Site Content
The Internet user contractually undertakes with regard to the Publisher not to use, reproduce or represent, in any way whatsoever, the Site Content , whether or not they are protected by an intellectual property right, for any 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.
ARTICLE 12. FINAL STIPULATIONS
12.1. Applicable lawThese general conditions are subject to the application of French law.
12.2. Modifications to these general 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.
12.3. Disputes
Under Ordinance no. be found prior to amicable agreement between the parties must be submitted.
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 has been compulsory for everyone Thus, any professional selling to individuals is required to provide the contact details of a competent Mediator in the event of a dispute, regardless of does not matter whether it sells remotely or in a physical store (Source: FEVAD).
contact avenue swimclub / contact@avenueswimclub.com
12.4. EntiretyThe 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.
12.5. Non-waiver
The Publisher's failure to exercise the rights granted to it herein shall in no way be interpreted as a waiver to assert said rights.
12.6. Telephone canvassing
The Customer is informed that he has the possibility of registering on the list of opposition to telephone canvassing at the address http://www.bloctel.gouv .fr/.
12.7. Languages of these general conditions
These general conditions are offered in French.
12.8. 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.
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