Terms of service
applicable from 06/19/2022
ARTICLE 1. PARTIES
These general conditions are applicable between Organink, Auto-entrepreneur, registered in the RCS of SAINT GERVAIS LA FORET in France, under the number 84198983300014, registered office: 10 rue des roses, 41350 Saint Gervais la foret, FR, telephone: +33672573237, email: firstname.lastname@example.org, 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 purchase a Product, hereinafter "the Customer ”.
ARTICLE 2. DEFINITIONS
“Client”: any person, natural or legal, under private law or public law, listed on the Site.
"Site Content": elements of any kind published on the Site, whether or not protected by intellectual property rights, such as tex your, images, designs, presentations, videos, diagrams, structures, databases or software.
"The Publisher": Organink, 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 www.organinktattoo.fr, as well as the sub-sites, mirror sites, portals and variations of URLs relating thereto.
ARTICLE 3. SCOPE
The Site is open and free of charge to any Internet user. 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 on the part of 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 person.
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 from Monday to Saturday from 09:00 to 19:00 at the following non-surcharged telephone number : 0672573237, by e-mail to: Organinkcontact@gmail.com or by post to the address indicated in article 1 of these general conditions. In these last two cases, the Publisher undertakes to provide an answer under 24 hours.
ARTICLE 6.PERSONAL SPACE
61. 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.
6.2. 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 account holder 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 law or 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 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 liable 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 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 data controller
The controller responsible for collecting and processing data 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, email@example.com, 01 77 62 82 03, www.deshoulieres-avocats.com" always taking care to create a hypertext link to the URL of our site
7.3. Data collected
7.3.1 Data collected from customers
In the context of its contractual relations, the Publisher may be required to collect and process information from its Customers, namely: Email, First name and last name, Phone, Address, State, Province, Zip/Postal code, City.
7.3.2.Purposes of collecting personal data
The data collected during the contractual relationship is subject to automated processing for the purpose of:
- executing commitments contractual obligations;
- contacting Customers;
- avoiding any illicit or illegal activity;
- enforcing the general terms and conditions;
- initiating legal proceedings;
- verify the identity of Customers;
73.3. Legal bases for processing
The legal basis for the data collected is a contractual relationship.
7.3.4. 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 form or aggregated, are never made freely viewable by any third party natural person.
7.3.5. Retention period 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 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, using current technical means, in compliance with the provisions of the General Data Protection Regulations and legislation national law in force.
Access to the Publisher's premises is also secure.
7.3.7. 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 performance 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.
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 contact form at line.
7.4.1. Right to information, access and communication of data
The Clients of the Publisher have the possibility of accessing the personal data which concern 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 title. valid identity (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 the 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 model letter developed by the CNIL.
7.4.2.Right of rectification, deletion and right to be forgotten of data
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 applicable, the heirs of a deceased person may request 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.
7.4.3. Right to object to data processing
The Publisher's Customers have the possibility to oppose 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
Publisher's Clients have the right to receive the personal data they have provided to Publisher in a transferable, open and readable format.
7.4.5. Right to restriction of processing
Clients of the Publisher have the right to request that the processing of their personal data by the Publisher be restricted. Thus, their data can only be kept and no longer used by the Publisher.
7.4.6. 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 months from the 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 submit a complaint or a request with the competent authority. In France, the competent authority is the Cnil to which they can submit 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 protection of data, for example via the US Privacy Shield.
The Publisher uses the following subcontractors:
Country of destination
Subcontractor and Co-contractor
USA (Privacy Shield)
Carrying out prospecting operations. https://policies.google.com/privacy
USA (Privacy Shield) Management of people's opinions on products, services or content.
USA (Privacy Shield)
Management of people's opinions on products , services or content
7.5.2. Transfer upon 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, sale of assets, financing transaction, liquidation or bankruptcy or in a acquisition of all 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 at the place and place of the Publisher.
ARTICLE 8. INTELLECTUAL PROPERTY
8.1. 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.
8.2. Contractual protection of the Contents of the Site
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 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.
8.3. Protection of the general conditions
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 law
These general conditions are subject to the application of French law.
9.2. 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.
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 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 is compulsory for everyone.Thus, any professional selling to individuals is required to communicate the contact details of a competent Mediator in the event of a dispute, regardless of whether he sells remotely or in a physical store (Source: FEVAD)MOLIE GHAIS / 0672573237
The nullity of one of the clauses of this contract will not result in 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 object of these presents.
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.
9.6. 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/.
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..