LES MILLE GRUES, a simplified joint stock company with a share capital of 15,000 euros, registered in the Paris Trade and Companies Register under number 834 397 945, whose registered office is located at 5 rue Vernet - 75008 Paris, intra-Community VAT number FR 13 834397945 (hereinafter "LES MILLE GRUES") operates a website available at https://www.orega.fr/ (hereinafter "the Site").
These General Terms and Conditions of Sale (hereinafter referred to as the "GTC") govern the commercial relations between LES MILLE GRUES and any natural person acting in a personal capacity over the age of 18 (eighteen) years, as a consumer within the meaning of the Consumer Code wishing to place an order on the Site.
Email : firstname.lastname@example.org
Mail: 5 rue Vernet - 75008 Paris
Article 1 - Definitions
Customer: refers to any user who purchases a Product through the Site.
Order: refers to the process whereby the Customer selects the Products he wishes to purchase and have delivered. An Order is finalized when the Customer has selected the Products he wishes to be delivered as well as the delivery options and when he has paid the amount to be paid. Once finalized, the Order is processed by LES MILLE GRUES, which will ship the ordered Products in accordance with the terms of these GTC.
Contract: refers to these GTC and any special conditions applicable to certain promotional operations. Consequently, the Client waives the right to rely on any contradictory document that may oppose the Contract, and which may therefore not be invoked against LES MILLE GRUE.
Personal data: refers to all personal information relating to the Customer, a natural person, provided by him/her at the time of the Order.
Parties: jointly refers to LES MILLE GRUE and the Users of the Site.
Products: refers to the products available for sale on the Site.
User: refers to any natural or legal person accessing the Site, whether a Customer or not.
Article 2 - Purpose of the GTC and current version
2.1. The purpose of these GTCs is to define the conditions under which Users may access the Site, place Orders and manage relations between LES MILLE GRUE and Users, including all the rights and obligations arising therefrom.
2.2 They apply between LES MILLE GRUE and any User of the Site. Any User of the Site undertakes to comply, without restriction or reservation, with these GTCs, whether visiting it or placing an Order. The T&Cs are notified to Users for acceptance prior to any Order on the Site.
2.3. LES MILLE GRUES is free to modify, at any time and without notice, these GTCs, in particular to take into account any legal, jurisprudential and/or technical changes. LES MILLE GRUES will inform the User by any means, who must accept the new General Terms and Conditions.
In any event, the fact that the User continues to use the Site after being informed of the modification of the T&Cs implies acceptance of the modifications of the latter by the User.
For Users who do not place an order on the Site, the GTCs are applicable for any consultation or navigation of the Site, regardless of their acceptance.
Thus, the User is advised to regularly consult the T&Cs accessible at the following address: https://www.orega-paris.com/terms-conditions. The User may download and print the T&Cs in order to keep a copy. Successive versions of the T&Cs will be accessible from the Site.
2.4. The prevailing version of the T&Cs is the latest version available on the Site.
2.5. The version applicable to an Order is the one in force on the date of placing the Order.
Each new Order requires the acceptance of the T&Cs by the Customer, which the Customer acknowledges and accepts.
If Users do not accept the T&Cs or any subsequent amendments thereto, they must waive any use of the Site.
2.6. The User declares that he has obtained from LES MILLE GRUES, prior to his Order, all the information on the Products and the delivery methods. He declares to be solely responsible for the choice of the Products as well as their adequacy to his needs.
2.7. The User must be a duly represented legal entity or an adult natural person having the legal capacity to place an Order on the Site. Failing this, he must have the authorisation of his legal representative to place an Order, which he expressly acknowledges and accepts.
Article 3 - Order
3.1. The User can browse the Site and learn about the various products and services offered for sale without any obligation to purchase.
In order to place an Order, the Customer selects the Products of his choice on the Site and adds them to his virtual basket.
The creation of a personal account on the Site is not necessary to complete an Order. On the other hand, certain personal data of the Client are required for the proper execution of the Order by LES MILLE GRUES, as specified in Article 10 below.
The Client is required to provide complete, up-to-date and fair information, and LES MILLE GRUES cannot be held liable in this respect. The Customer is informed that some of the information requested is mandatory for the proper execution of the order he has placed, which he expressly acknowledges. The description of the Products is available to the Customer on the Site, which the Customer accepts and acknowledges.
Once the Order has been finalised, the acceptance of the Order is confirmed by LES MILLE GRUES by sending an email to the Customer at the address indicated at the time of the Order.
3.2. LES MILLE GRUES will send the Customer an invoice by email to the address provided when the Order is placed. The Customer is advised to save or print his invoice and in any case to keep it.
As a matter of principle, once the Order has been finalized and paid for, the Customer may not modify it. Nevertheless, the Customer may contact LES MILLE GRUES by writing to the email email@example.com in order to study the possible possibilities of modifying the terms of his Order. It is understood that LES MILLE GRUES has no obligation to modify the terms of the Order placed and validated by the Customer, which the latter expressly acknowledges and accepts.
Article 4 - Product Prices and Payment
4.1. The price of the Products appearing on the Site is indicated in euros, excluding and including all taxes.
The applicable price is the one in force at the time the Order is placed by the Customer. The price and payment terms may be modified at any time by LES MILLE GRUES, which the Customer acknowledges and accepts.
The total cost, including VAT and delivery costs, will be clearly indicated to the Customer in euros.
4.2. The total amount of the Order includes any delivery costs. These costs or their possible free nature will be specified on the Site all taxes included during the ordering process and must be accepted by the Customer at the time of validation of the Order.
They will appear on a specific line separate from the line specifying the price of the Products.
It is expressly specified that the amount of delivery charges may vary according to the territory of delivery of the Products, which the Customer expressly acknowledges and accepts.
When the Customer confirms his order by clicking on the corresponding icon, he is considered to have knowingly accepted the content and conditions of the order in question and in particular the GTC, prices, volumes, characteristics, quantities and delivery times of the products offered for sale and ordered by the Customer.
4.3. The payment of the Products by the Customer is made in euros, by means of a credit card via the secure platform of the payment service provider STRIPE, which the Customer expressly acknowledges and accepts.
The payment terms are specific to the STRIPE payment service provider's platform, and are independent of LES MILLE GRUES, which is not involved in any way in the use of the said service. All the terms and conditions related to payment via the STRIPE payment solution are governed by the General Terms and Conditions of Use of this service, accessible at https://www.orega.fr/CGV, which apply concurrently to these GTC. LES MILLE GRUES does not keep any bank details of the Client, subject to the provisions below. LES MILLE GRUES cannot be held responsible for any malfunction occurring on the STRIPE payment platform.
Within the framework of the services offered by STRIPE, LES MILLE GRUES is considered as the controller of the personal data collected within the framework of the present contract. STRIPE acts as a subcontractor, in accordance with the applicable legal and regulatory provisions.
By accepting these terms and conditions, the Client also agrees to be bound by the STRIPE General Terms and Conditions of Use, which are available at the above address. These may only be modified by STRIPE. Under no circumstances may OREGA modify the General Terms and Conditions of Use of STRIPE, which is exclusively a service provider, over which it has no control.
It is specified that LES MILLE GRUES also uses the services of PAYPAL. The provisions set out above apply in the same way to the services offered by PAYPAL. In particular, the Client declares that he/she
is fully informed and accepts the fact that, in addition to these GTC, he/she is also bound by the General Terms and Conditions of Use of PAYPAL.
4.4. The Customer guarantees LES MILLE GRUES that he is fully authorised to use the payment card for the payment of his order and that these means of payment legally give access to sufficient funds to cover all costs resulting from his order on the Site. LES MILLE GRUES cannot be held responsible for any fraudulent use of the payment method used.
The Customer accepts that LES MILLE GRUES reserves the right to suspend or cancel the supply of the Products ordered by the Customer in the event of non-payment or payment incident of any amount due by the Customer to LES MILLE GRUES.
Also, the delivery of any new Order may be suspended in the event of a delay or payment incident of a previous Order.
When payment is made, the Customer receives an order confirmation by email. This email summarizes the characteristics of the order (products ordered, price, delivery time, etc.), as well as the possibilities to exercise your right of withdrawal for the Products concerned.
It is recommended that the Customer print and/or keep this order confirmation.
Article 5 - Products and delivery of the Products ordered
5.1. The offers presented by LES MILLE GRUES are presented in euros all taxes included and are valid as long as they are announced on the Site, within the limits of available stocks.
In the event of unavailability of one or more Products after placing the Order, the Customer will be notified by email. The amount of his order will be recalculated and the Customer will be debited with the new amount, less the missing Products. If the order is completely unavailable the Customer will be notified by email and will not be debited, or fully refunded if the payment is already made. In this case, LES MILLE GRUES cannot be held responsible for any damage suffered by the Client, nor can it be held liable for any damages.
LES MILLE GRUES is likely to modify at any time the assortment of products offered for sale on the Site, without prejudice to orders placed by the Customer.
Before placing an order on the Site, the Customer may review the essential characteristics of the services and products he wishes to order, in accordance with Article L. 111-1 of the Consumer Code. 5.2. Delivery of the Customer's order is made after receipt of the full price of the order, including shipping costs.
The Products ordered will be delivered to the postal address indicated by the Customer or as a relay point, depending on the delivery method chosen by the latter at the time of placing the Order.
Two (2) delivery methods are available: relay point delivery (service offered by BOXTAL) or delivery on D+2 (La Poste). It is specified that these deadlines may be extended, depending on the technical and logistical requirements of LES MILLE GRUE. In this case, the delivery times will be indicated on the Site when the Order is placed.
5.3. Delivery times are indicated on the Site and depend on the delivery method chosen by the Customer. Delivery times exclude Sundays and public holidays.
In accordance with Article L. 216-1 of the Consumer Code, the Parties agree that the Products will be delivered within the time limits specified during the Product Order process and before the Order is validated. Delivery times are also indicated in the Order confirmation email sent to the Customer. Delivery times include the receipt of Products from suppliers by LES MILLE GRUES, the preparation and dispatch of the order, as well as the delivery time of the Products to the delivery point (Customer's postal address or relay point).
5.4. With regard to pre-orders, the delivery times indicated on the Site at the time the Order is placed also include the manufacture of the Products.
Thus, the Customer is fully informed that in the event of a pre-order of Products, delivery times are extended, due to the absence of stock of Products and their manufacture made only on order.
5.5. In the absence of an indication on the Site of a delivery time for the Products, LES MILLE GRUES undertakes to deliver them within a maximum period of 30 (thirty) days from the date of validation of the Order sent to the Customer by LES MILLE GRUES. In this case, the Products concerned are delivered within the time limit indicated on the Site and recalled at the time of the Order.
5.6. LES MILLE GRUES makes its best efforts to indicate precise delivery times.
However, since THE THOUSAND CROSSERS use external service providers (carriers, postal services, etc.) for the delivery of the Products, it is totally dependent on these third-party service providers. The delivery times indicated on the Site may thus be affected by the service providers without LES MILLE GRUES being responsible for these delays in delivery and the consequences that could result from them.
5.7. Subject to any provisions to the contrary contained in these GTC, in the absence of delivery on the date or within the period specified or, failing this, no later than 30 (thirty) days from the email confirming the Order, the Customer may instruct LES MILLE GRUES, in writing to the address, to make the delivery within a reasonable additional period.
If LES MILLE GRUE has not complied with this new deadline, the Customer may request in writing the resolution of the Order, which shall be effective upon receipt of the written notice. In this case, the bank account used by the Customer when placing the Order will be credited by the STRIPE payment service provider with the amount unduly received.
5.8. For Customers, the transfer of risks and liability relating to the Products takes place upon delivery of the Products to the Customer. From this date, the Client shall be solely and exclusively responsible for them, as well as for their use and any consequences that may result from them.
Whatever the delivery method, the Customer undertakes to check the conformity of his order, as well as the condition of the products.
Article 6 - Legal guarantees
In accordance with the provisions of the Consumer Code, the Products marketed on the Site benefit from legal guarantees, i.e. the guarantee of conformity (articles L. 217-4 et seq. of the Consumer Code) and the guarantee of hidden defects (articles 1641 et seq. of the Civil Code), allowing Customers to return defective and non-conforming Products free of charge.
6.1. Guarantee against hidden defects
The Civil Code provides that:
Article 1641 of the Civil Code: The seller is bound by the warranty on account of hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much, that the buyer would not have acquired it, or would have given only a lower price, if he had known them. Article 1644 Civil Code: In the case of articles 1641 and 1643, the buyer has the option of returning the thing and having the price returned, or keeping the thing and having part of the price returned.
Article 1645 Civil Code: If the seller was aware of the defects of the thing, he is liable, in addition to the restitution of the price he received, for all damages towards the buyer.
Article 1646 Civil Code: If the seller was unaware of the defects of the thing, he shall only be bound to return the price and reimburse the buyer for the costs incurred by the sale.
Article 1648 of the Civil Code: The action resulting from fundamental defects must be brought by the purchaser within two years of the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, under penalty of foreclosure, within one year of the date on which the seller may be relieved of any apparent defects or lack of conformity.
As part of the legal guarantee for hidden defects, LES MILLE GRUE, at the Customer's choice, undertakes, after assessing the defect, to either:
to refund the full price of the Product concerned;
to refund a portion of the price of the Product to the Customer if the Customer decides to keep it.
6.2. Legal guarantee of conformity
The Consumer Code provides that:
Article L. 217-4: The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation where the latter has been charged to him by the contract or has been carried out under his responsibility.
Article L. 211-5: To be in conformity with the contract, the asset must:
1) Be suitable for the use usually expected of a similar asset and, if applicable:
correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
have the qualities that a buyer can legitimately expect in view of public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2) Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter. Article L. 211-12 : The action resulting from the lack of conformity shall be barred after two years from the delivery of the goods.
Article L. 217-7 Consumer Code: Lack of conformity which appears within 24 months from the delivery of the goods is presumed to exist at the time of delivery, unless proven otherwise. For second-hand goods, this period is set at six months.
The seller may rebut this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.
Article L. 217-8 Consumer Code: The buyer is entitled to demand that the goods comply with the contract. However, he cannot contest conformity by invoking a defect that he knew or could not have been unaware of when he contracted it. The same shall apply where the defect has its origin in the materials supplied by him.
Article L. 217-9 Consumer Code: In the event of lack of conformity, the buyer chooses between repair or replacement of the goods.
However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other method, taking into account the value of the goods or the importance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer.
Article L. 217-10 Consumer Code: If it is impossible to repair or replace the goods, the buyer may return the goods and have the price returned or keep the goods and have part of the price returned.
The same faculty is open to him:
1° If the solution requested, proposed or agreed pursuant to Article L. 217-9 cannot be implemented within one month following the buyer's complaint;
2° Or if this solution cannot be done without major inconvenience for the latter given the nature of the property and the use it seeks.
However, the sale may not be cancelled if the lack of conformity is minor.
Article L. 217-11 of the Consumer Code: The provisions of articles L. 217-9 and L. 217-10 are applied at no cost to the buyer.
These same provisions do not prevent the award of damages.
Article L. 217-12 Consumer Code: The action resulting from the lack of conformity is prescribed after two years from the delivery of the goods.
1/ When acting as a legal guarantee of conformity, the Client:
- Has a period of two years from the delivery of the property to act;
- Can choose between repairing or replacing the good, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
- Is exempted from providing proof of the existence of the lack of conformity of the goods during the twenty-four months following delivery of the goods, except for second-hand goods.
2/ The Customer may decide to implement the guarantee against hidden defects of the item sold within the meaning of Article 1641 of the Civil Code. In this case, he may choose between cancelling the sale or reducing the sale price in accordance with Article 1644 of the Civil Code, and must act within two years of the discovery of the defect.
Excluded from the warranty are products modified, repaired, integrated or added by the Customer. The warranty will not apply to apparent defects. The guarantee will not cover products damaged during transport or due to misuse by the Customer.
Article 7 - Right of withdrawal
7.1. In accordance with Article L. 221-5 and Articles L. 221-18 et seq. of the Consumer Code, the Customer is informed that he has a period of 14 (fourteen) clear days to withdraw, without having to justify his decision, as from the receipt of the Product.
In the event of delivery of the Products by the relay point delivery method, the right of withdrawal shall run from the date of receipt of the goods by the relay point.
In accordance with article L.221-19 of the Consumer Code:
- the day of receipt of the Product is not counted as part of the 14 (fourteen) day period;
- the period shall begin at the beginning of the first hour of the first day and end at the end of the last
hour of the last day of the period;
- if the period expires on a Saturday, Sunday or a public holiday or non-working day, it is extended until
the next working day.
After this period, no request for retraction will be processed by LES MILLE GRUES.
7.2. The Client exercising his right of retraction must inform LES MILLE GRUES of his decision to retract by sending a declaration, unambiguous, expressing his willingness to retract, by mail to the following address: LES MILLE GRUES 5 rue Vernet 75008 Paris, or by email at firstname.lastname@example.org LES MILLE GRUES may request that the Client wishing to exercise this right attach to his declaration any document proving his identity, in particular a copy of his identity card or passport.
The content of the notification of withdrawal could be as follows:
"To the attention of LES MILLE GRUES - 5 rue Vernet - 75008 Paris: I hereby notify you of my withdrawal from the contract for the purchase of the Product[to be completed] ordered on[to be completed] on the
website https://www.orega.fr/, received on[to be completed], in the name of[to be completed], at the address[to be completed]. Signature and date".
A retraction form is available on the Site, at https://www.orega.fr/Formulaire retraction.
7.3. If the Customer exercises his right of withdrawal, the Products must be returned in their original condition, packaging and packaging, without having been used or worn.
Considering the value, fragility and high quality of the Products, LES MILLE GRUES will be particularly vigilant regarding the condition of the returned Products. This is an essential condition for the Customer's request for retraction to be taken into account by LES MILLE GRUE.
Thus, the Client acknowledges that he is fully informed that any Product returned to LES MILLE GRUES that is incomplete, worn, used, damaged, soiled, damaged and/or whose packaging has been damaged will not be taken back or refunded.
The Products must be returned to LES MILLE GRUES at the following address: LES MILLE GRUES SAS - 5 rue Vernet - 75008 Paris
In accordance with Article L. 221-23 of the Consumer Code, the costs of returning the Products:
The Thousand Cranes shall be liable to pay for the Thousand Cranes for Products that have been delivered in metropolitan France, unless the Product subject to the right of retraction is for an amount of less than 200 (two hundred) euros including all taxes (all taxes included);
The Customer shall remain responsible for the cost of Products delivered abroad or in the French overseas departments and territories.
7.4. In accordance with Article L. 221-28 of the Consumer Code, the Client is informed that the right of withdrawal may not be exercised on Orders relating in particular to:
The supply of goods that have been unsealed after delivery and cannot be returned for reasons of hygiene or health protection;
The supply of goods made to consumer specifications or clearly personalised;
The supply of goods that are likely to deteriorate or expire quickly.
The other provisions of Article L. 221-28 of the Consumer Code may be invoked by LES MILLE GRUES, depending on the Products offered for sale on the Site.
7.5. If the Products may be subject to the right of withdrawal, LES MILLE GRUES shall reimburse the Customer for all sums paid, including any delivery costs incurred by the Customer, without undue delay and at the latest within 14 (fourteen) clear days from the date on which the Thousand Cranes was informed of the Customer's decision to retract.
Notwithstanding the foregoing, and in accordance with the provisions of Article L. 221-24 of the Consumer Code, LES MILLE GRUES may defer the refund until the Products concerned have been recovered or until the Customer sends him proof of dispatch of the Products concerned, whichever is the earlier.
The refund will be made by crediting the amount debited to the account corresponding to the Customer's credit card.
In the event of late repayment, the sums due are automatically increased under the conditions provided for in Articles L. 242-1 et seq. of the Consumer Code.
Article 8 - Limitation of liability
8.1. LES MILLE GRUES declines any liability for damage of any kind whatsoever, resulting in particular from the use of the Site or the Product Order, in particular an attack on the reputation and image of the Customer, or a loss of data that could occur as a result of the use of the Site.
In the event that the liability of THE THOUSAND CHAINS is established and retained due to damage suffered by the Customer and exclusively to LES MILLE GRUE, it is limited to the amount of the Order paid by the Customer to LES MILLE GRUE.
8.2. The User acknowledges that his use of the Site is at his own risk. The Site is provided "as is" and is accessible without any guarantee of availability and regularity.
OREGA will make its best efforts to make the Site accessible 24 hours a day, seven days a week, except in the event of force majeure or an event beyond the control of LES MILLE GRUES and subject to maintenance periods, possible breakdowns, technical hazards related to the nature of the network or malicious acts or any damage to the equipment or software of LES MILLE GRUES.
8.3. LES MILLE GRUE shall in no event be held liable for any interruption of all or part of the Site, regardless of the cause, duration or frequency of such interruption.
8.4. The Site has the technology necessary to date for its access and use, the presence of any viruses or other harmful elements, introduced by any means or by any third party, which may produce alterations in the User's computer systems cannot be excluded.
OREGA makes no warranty, either express or implied, as to the operation of the Site, including any technical problems that may arise.
OREGA reserves the right to modify, at its discretion and unilaterally, at any time and without prior notice, the configuration of the Site, the services or content offered, as well as the right to eliminate, limit, suspend or prohibit access, temporarily or permanently.
8.5. LES MILLE GRUES may not be held liable for the obligations of these T&Cs in the event that the non-performance of its obligations is attributable to the act of a third party even if it is foreseeable, at the fault of the Client, or to the occurrence of an event of force majeure as defined by the French courts and Article 1218 of the Civil Code, or to any other event that has not been reasonably under the exclusive control of LES MILLE GRUES.
It is agreed that in the event that the liability of LES MILLE GRUES is implicated, whatever the basis and/or nature of the action, only direct damages are likely to give rise to compensation. Thus, any indirect, consequential and/or incidental damages, such as commercial problems, loss of customers, etc., will not entitle the User to compensation.
In any event, LES MILLE GRUES' liability in the event of damage caused to the Customer, for any reason whatsoever, shall be expressly limited and shall in no event exceed the total amount excluding taxes of the Customer's Order made hereunder.
8.6. The Customer undertakes to use the Products in strict compliance with the instructions for use provided by LES MILLE GRUES. Consequently, LES MILLE GRUES cannot be held liable in the event of non-conforming use of the Products by the Customer or a third party.
Article 9 - Use of the Site / Obligations of Users
9.1. The User undertakes to comply with the laws in force when using the Site.
In the event that the Site makes available to Users any kind of expression space (forum, blog, etc.), the Site may not be used for any purpose.), the User undertakes in particular not to make discriminatory, racist, xenophobic, anti-Semitic, insulting, abusive or other violent or pornographic statements, or to publish content contrary to public policy or morality, on any space of expression made available to Customers by LES MILLE GRUES on the Site, and in particular the spaces reserved for Customer opinions.
The User also refrains from using the Site for promotional purposes through these same areas. OREGA reserves the right to moderate any comments contrary to applicable laws and regulations.
9.2. The User undertakes not to attempt to interfere with the operation of the Site or TLES MILLE GRUE.
LES MILLE GRUE cannot be held responsible for any incompatibility, malfunction or other technical problems between the use of the Site's services and the User's computer equipment.
The User is also solely responsible for protecting his computer equipment against any risk of contamination by viruses, attempted intrusion, etc.
9.3. In general, the User undertakes to behave in a loyal manner towards LES MILLE GRUE.
9.4. By accepting these GTC, the User guarantees that he/she has all the necessary authorisations to place an Order on the Site. Failing this, LES MILLE GRUES cannot under any circumstances be held liable in this respect.
9.5. When placing an Order on the Site, the User undertakes to provide true, accurate, up-to-date and complete information on his identity. The User undertakes to immediately communicate to LES MILLE GRUES at the following address: email@example.com, attaching, where applicable, to LES MILLE GRUES' request any document proving his identity, in particular a copy of his identity card or passport, and informing the Order number of any modification of the data he communicated when placing his Order if all or part of them have changed before the delivery of his Products.
Users are reminded that article 226-4-1 of the Penal Code punishes by one year's imprisonment and a fine of €15,000 the act of impersonating a third party or using one or more data of any kind to identify him in order to disturb his peace or that of others, or to damage his honour or consideration. The User who notices one or more facts constituting the offence of identity theft on the Site must immediately inform LES MILLE GRUES at the following address: firstname.lastname@example.org
9.6. Ordering Products on the Site is prohibited to minors and persons who do not have the capacity to contract, or who do not have the necessary authorisations from a tutor or curator.
9.7. In the event of knowledge of a User's manifestly unlawful conduct and/or in the event of a breach of the provisions of these GTC and/or any legal or regulatory obligations, LES MILLE GRUES may, immediately, without notice or compensation, delete, suspend or postpone any Order concerned and refuse to grant access, temporarily or permanently, to all or part of the Site. LES MILLE GRUES reserves the right to take legal action against any use of the Site that does not comply with these GTC.
Article 10 - Personal data
10.1. LES MILLE GRUES does not collect any personal data if the User consults the Site or browses it without placing an Order, with the exception of collection by means of cookies. This type of collection is considered in Article 6.2 below.
When placing an Order, certain personal data must be provided by the Customer and collected by LES MILLE GRUE. These are the Client's first and last name, valid email address and postal address.
In addition, as part of the online payment service used by LES MILLE GRUES, called STRIPE, this service collects personal data from Customers on behalf of LES MILLE GRUES. LES MILLE GRUES therefore acts in such a situation as controller and STRIPE as subcontractor.
This personal data is processed automatically for the purpose of managing the Order and the customer base of LES MILLE GRUES.
They may be transmitted to LES MILLE GRUES' commercial partners who contribute to the delivery of the Products and the making of payments, solely for this purpose, which is expressly acknowledged and accepted by the Customer.
LES MILLE GRUES does not communicate the personal data of its Customers to any third party for the purpose of commercial prospecting.
Subject to the express acceptance of the Client by means of a checkbox, the Client's email address may also be transmitted by LES MILLE GRUES to third parties for the purpose of commercial prospecting.
The said data shall be kept for the period strictly necessary for the purposes for which they are collected and processed.
This processing has been declared to the Commission Nationale de l'Informatique et des Libertés (CNIL) under number 2153482 v 0.
In application in particular of the provisions of Law No. 78-17 Informatique et Libertés of 6 January 1978, as amended by Law No. 2004-801 of 6 August 2004 and any other applicable provision, each Customer has a right of access, modification, rectification, portability of data and deletion of data concerning him. He may thus require that personal data concerning him that are inaccurate, incomplete, ambiguous or outdated be rectified, completed, clarified, updated or deleted. The User's personal data are also deleted when the User expressly withdraws his consent to the collection and processing of his personal data, subject to LES MILLE GRUE's legal obligations as specified in article 6.2. below. The User may also, as part of the right to the portability of his personal data, recover those concerning him for his personal use, or request that they be transferred to a third party, if this is technically feasible. Each User may also object, for legitimate reasons, to the processing of data concerning him/her, and request that the processing of data concerning him/her be limited. Users may also inform LES MILLE GRUE of the fate of their personal data in the event of their death (deletion or transmission to their designated heirs, in particular).
To exercise these rights, the User must send a request to the following postal address: LES MILLE GRUES SAS - 5 rue Vernet - 75008 Paris, or by email to email@example.com, indicating your first and last name. LES MILLE GRUES may ask the User to prove his identity, attaching to his request any necessary document, in particular a copy of his identity card or passport.
LES MILLE GRUES will use the means at its disposal to process requests relating to Users' personal data.
In the event of a security breach of the Site or the loss of personal data relating to Users, LES MILLE GRUES will inform them by email under the applicable legal conditions. It will take all necessary measures, within the limits of its human, material and financial resources, to remedy the breach and ensure data security.
Users also have a right of complaint, which they can exercise with the national supervisory authority, the CNIL.
In general, LES MILLE GRUES undertakes to comply with all the obligations imposed on data controllers by applicable regulations, including in particular the General Regulation on the Protection of Personal Data, which enters into force on 25 May 2018. These obligations concern in particular the security and confidentiality of Users' personal data.
For more information on this subject, Users can click on the following link: https://www.cnil.fr/fr/comprendre-vos-droits
10.2. LES MILLE GRUE may set cookies on the Site. This is an automatic tracking process that records information related to navigation on the Site, and stores information entered during visits to the Site in order to facilitate the use of the Site.
The User may oppose their installation and/or delete them by following the procedure indicated on his browser.
As such, LES MILLE GRUE collects the express consent of Users to the use of these cookies and uses them in accordance with legal provisions, including in particular the General Regulations on the Protection of Personal Data, which come into force on 25 May 2018.
OREGA uses these cookies only to establish connection statistics and browsing histories of Users.
Article 11 - Intellectual property
11.1. Without this list being exhaustive, the "OREGA" brands as well as its derivatives and declinations, logos, graphic charter, layout, information, presentation and content of the Site, are the exclusive property of LES MILLE GRUES.
The systems, software, structures, infrastructures, databases and content of all kinds (texts, images, visuals, music, logos, trademarks, databases, etc.) relating to the Site are also protected by all intellectual property rights or rights of database producers in force, of which OREGA is the sole owner or holder of the rights. Any disassembly, decompilation, decryption, extraction, reuse, copying and more generally, any act of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of LES MILLE GRUES are strictly prohibited and may be the subject of legal proceedings.
Any reproduction or representation, in whole or in part, of the Site or its components, such as trademarks, logos, graphic design, layout, information, presentation and content of the Site, without this list being exhaustive, is prohibited.
Surfing on the Site does not entail any transfer of intellectual property rights to the User. LES MILLE GRUES grants the User a right of access and consultation of the Site only, under the terms and conditions provided for in these GTC.
11.2. The User is informed that photographs of the Products appear on the Site, which he may consult freely.
LES MILLE GRUES guarantees that these photographs have been taken under standard conditions for the sector in question, with the Products themselves.
LES MILLE GRUES makes its best efforts to ensure that the photographs of the Products are as consistent as possible with the Products actually delivered to the Customer (in particular the colour of the Products). Nevertheless, LES MILLE GRUES cannot guarantee that the Products will be exactly identical to the photographs, not only because of the technical constraints of making the photographs available on the Site, but also taking into account the fact that the Products are manufactured by hand. The User declares that he is fully aware of this, and expressly agrees not to engage the responsibility of LES MILLE GRUES in this respect, subject to the application of mandatory legal provisions (compliance guarantee in particular).
Article 12 - Miscellaneous provisions
12.1. Partial invalidity
If one or more provisions of these GTC are held to be invalid or declared invalid pursuant to a law, regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope.
12.2. No waiver
The fact that one of the Parties does not invoke with the other Party a breach of any of the obligations referred to in the GTC shall not be interpreted in the future as a waiver of the obligation in question.
In the event of a dispute relating to an Order, the Customer must first contact LES MILLE GRUES, in order to find an amicable solution, by email to the address firstname.lastname@example.org
In the event that no amicable solution can be found, the Client may appeal to the Centre de Médiation et d'Arbitrage de Paris (CMAP), of which LES MILLE GRUE is a member, within one year of the Client's last approach to LES MILLE GRUES. For more information, the Customer can visit the Site accessible at http://www.cmap.fr
The mediator may only be referred to the mediator after the Client has made prior written representations to LES MILLE GRUES.
In addition, in accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has set up an Online Dispute Resolution Platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform is available at the following link: https://webgate.ec.europa.eu/odr/.
12.4. Applicable law and jurisdiction
These GTC are governed by French law, unless otherwise required by law.
In the absence of an amicable settlement and whatever the origin of the dispute, disputes relating to the execution or interpretation of these General Terms and Conditions shall be submitted to the competent
courts, in accordance with the legal and regulatory provisions in force, and in particular Article R. 631-3 of the Consumer Code and Article 46 of the Civil Procedure Code.
For all practical purposes, it is specified that the time limits for judicial action are not interrupted during the period during which an amicable solution is sought or mediation is requested.
Effective date of these GTC: 20 July 2018