The present general conditions of sale and use of the site (hereinafter, the “Conditions”) apply between: MARC-ARNAUD PAVAGEAU trademark filed on September 20, 2016 n ° 16 4 300 694 INPI, MAJE XIV Private limited company with share capital of 225 400 € euros, registered with the Trade and Companies Register of Tours under the number of SIRET 574 800 223 00020, intracommunity VAT number FR 595 748 00223, whose registered office is located at 35, rue Nationale, in Tours 37000 (hereinafter “Nous”, “Notre”, “Nos” or “MARC ARNAUD PAVAGEAU” “Ateliers Pavageau “SARL MAJE XIV” or “the Seller”), and Any natural person acting exclusively in the strict framework of his personal needs, who consults the website www.joaillerie-pavageau.com (hereinafter the “Site”) and / or makes a purchase from MARC ARNAUD PAVAGEAU (ci -after “You”, “Your”, “Your”, the “User” or the “User” “Buyer”). We ask you to read the Agreement carefully (as defined below) before using the Site and / or placing any order with MARC ARNAUD PAVAGEAU to the extent that this Agreement affects Your rights and obligations. The mere use of the Site and / or the placing of any order is equivalent to your knowledge and irrevocable agreement with You. If You do not agree with any of these provisions, You may not use all or part of the Site and / or place any order. Please print a copy of the Agreement for Your Archives.
1.1 USEFUL INFORMATION If you wish to contact us, our contact details are as follows:
telephone number: 02 47 61 32 90 from metropolitan France (or +33 2 47 63 32 90 for the international) from Tuesday to Saturday from 10 am to 12 pm and from 2 pm to 7 pm (French time). 35 rue Nationale 37000 TOURS Email: firstname.lastname@example.org
Director of publication: Marc-Arnaud PAVAGEAU
SABLES D’OLONNE SHOP
telephone number: 02 51 95 14 18 from metropolitan France (or +33 2 51 95 14 18 for the international) from Tuesday to Saturday from 10 am to 12.30 pm and from 2.30 pm to 7 pm (French time). Summer hours from July 1st to August 31st on Mondays from 2.30 pm to 7.00 pm, Tuesday to Saturday from 10 am to 12.30 pm and from 2.30 pm to 7 pm. 5 Bis, Place du Poilu of France, 85100 Les Sables d’Olonne. Email: email@example.com Director of publication: Marc-Arnaud PAVAGEAU The site is hosted by OVH SAS with a capital of 500 K € N ° 424 761 419 00011 RCS Roubais, head office: 140 quai de Sartel – 59100 Roubaix – France.
1.2 SCOPE OF THE CONTRACT
Your use of the Site and / or any purchase made from MARC ARNAUD PAVAGEAU are expressly and exclusively governed by these Terms and Conditions of Sale, and any other terms and conditions published or otherwise referenced from time to time on the Site (together, the ” Agreement “). Please note that the Terms prevail, in the event of contradiction and unless expressly provided otherwise, on all other terms and conditions mentioned above. These general conditions of sale are deemed accepted by the customer at the time of validation by double click of the order and apply for the time necessary for the supply of the products until the extinction of the guarantees.
1.3 MODIFICATIONS TO THE CONTRACT
The Agreement may at any time be reviewed, updated or otherwise modified, in whole or in part, provided that when You place an order on the Site, the applicable Conditions are those in effect on the Site on the date of registration of your order.
1.4 DECLARATION OF COMPLIANCE WITH THE CNIL
The declaration of conformity is in progress at the CNIL.
2.1 SHIPPING PRICES
The prices of our products are indicated in euros, all taxes included. The price of the shipping is free in metropolitan France. The price of deliveries outside mainland France is indicated either on our Site at the time of the order in the case where the place of delivery is included in the proposed options either by telephone or by e-mail with Our Company for all the other destinations.
2.2 SHIPPING ABROAD
For any order to a country other than France, You are the importer of the ordered product (s). For all products shipped outside the European Union, the price will be calculated excluding taxes on the invoice. Customs duties, other local taxes, import duties or state taxes may be payable. These rights and sums are not our responsibility and do not fall under Our responsibility. They will be entirely at Your expense and under Your responsibility, both in terms of declarations and payments to the authorities and / or competent bodies. We advise you to inquire with the competent authorities of your country. 2.3 INVOICE An invoice for your order will be issued and will be sent to you upon receipt by us (see article 3.2.3 below).
2.4 PAYMENT CURRENCY
All orders are payable in euros.
2.5 PRICE CHANGES
MARC ARNAUD PAVAGEAU reserves the right to modify its prices at any time and without notice, subject to article 1.3 above. Products already ordered will be billed based on the rates in effect at the time of registration of Your order.
2.6 ORDER SETTLEMENT
You can settle your orders: (I) by credit card (Visa, MasterCard, American Express or Carte Bleue): the amount of your order is debited at the same time. The date of registration of the order is that of online payment. (II) by bank transfer: Our Site delivers you the bank details of SARL MAJE XIV. You must make the required transfer so that it appears within 7 (seven) days for the order to be recorded. The date of registration of the order is the receipt of funds on the account of SARL MAJE XIV. (III) by credit card in payment 3x free of charge (Visa, MasterCard or Carte Bleue): the amount of your order will be divided into three thirds. The first third will be charged to the order The following will be taken one month after the order The last will be taken two months after the order
2.7 PRICES DISPLAYED IN THE BASKET
The products in your shopping cart will always reflect the most recent price displayed on the product description page. It is possible that this price will vary from the price that was displayed for the same product when you placed the product in your cart in the first place. Placing a product in your cart does not ensure that its price will remain the same as it was when you put the product in the shopping cart.
2.8 POTENTIAL ERRORS
The information and especially the prices that are displayed on the site may be incorrect due to system errors or typographical filling. If we do everything possible to avoid such errors, they can exist. We do not honor orders due to incorrect information or prices. If the price displayed is lower than the actual price of the product, we will contact you by email to either cancel the order or give you the instructions for the payment of the price difference. We apologize for the inconvenience, do not hesitate to contact us for any question related to this subject.
2.9 NON-NEGOTIABLE PRICES
The prices of our products are not negotiable. Indeed, we strive to practice the fairest prices possible. The final price of our creations reflects the costs inherent to a French manufacturing under the sign of excellence and the prices of raw materials such as metal and stone.
3.1 CONDITIONS FOR ORDERING
– be at least 18 years of age and have the legal capacity to place and honor any order or hold a parental authorization allowing you to place and honor any order and be able to justify it at any time, on our simple request;
– be a natural person acting in the context of your personal needs (in particular, that any order you make must correspond to the normal needs of an individual).
3.2 PASSING AN ORDER
3.2.1 METHODS OF PASSING
You can choose to place Your order: directly on the Site; or by phone from our shops at 02 47 61 32 90 for Tours from Tuesday to Saturday from 10:00 to 12:00 and then from 14:00 to 19:00 or at 02 51 95 14 18 for Les Sables d’Olonne from Tuesday to Saturday from 10:00 to 12:30 and then from 14h30 to 19h00, French time, from metropolitan France (at +33 2 47 61 32 90 or +33 2 51 95 14 18 for the international). directly by credit card at your appointment within our Boutiques Tours, 35 rue Nationale 37000 or Sables d’Olonne 5 bis place Poilu de France 85100.
3.2.2 SPECIFIC PROVISIONS APPLICABLE TO ORDERING THE SITE
We acknowledge receipt of your order only if the following steps are followed: 1st step: You must enter all the data which is asked of you, namely: Your name and surname Your contact information (phone and email) Your exact billing address (for security reasons, we ask that the billing address be the one registered by the institution issuing your credit card, in order to protect you from possible fraudulent use); Your exact delivery address (PO boxes are not accepted); Your method of payment. 2nd step: to validate your order, you must: review the data you have entered and correct any errors; check the box confirming that You have read and agree to the Agreement without reservation click on “validate” 3rd step: after the validation of your order, you must precaution still confirm it. For this purpose, You must: review the details of your order, including its total price; click on “confirm”.
3.2.3 RECEIVING YOUR ORDER
Upon the registration of Your order (by phone or on the Site) and within a maximum of 2 (two) working days from this registration, We acknowledge receipt of Your order and You inform. MARC ARNAUD PAVAGEAU is bound by the order only from the sending of this acknowledgment of receipt. MARC ARNAUD PAVAGEAU reserves the right to refuse, without liability on its part, any order concerning a User, on just cause, especially if there is a doubt or dispute over the payment of a previous order.
3.2.4 CHANGES TO YOUR ORDER
Modifications by Our Care in case of unavailability of the ordered product: Our product offers and their prices are valid within the limits of the available products. If it should happen that some of the products that You have ordered are no longer available, We will inform you as soon as We become aware of this unavailability, You will announce if necessary, the new delivery time and You will leave in any case the possibility of canceling Your order.
We inform you of the sending of your articles. Deliveries are free in metropolitan France from 500 € TTC purchase. For any purchase less than 500 €, the price of the delivery is 15 € TTC. For any question regarding the information mentioned below please contact our shops in Tours or Les Sables d’Olonne: our identity (name, telephone number, registered office), delivery charges, terms of payment, delivery or performance; the conditions and procedures for exercising the right of withdrawal; the address where You can form Your possible claims; the warranties You have after delivery; the scheduled shipment date of your order and the delivery date
3.3.2 PLACE OF DELIVERY
The products are delivered to the delivery address You indicated during the order process. However, it is possible, by appointment, to come directly to withdraw your order at one of our points of sale.
3.3.3 DELIVERY TIMES
Unless longer production, processing, shipping and / or routing times are required the ordered products are delivered within 1 to 3 weeks from the date of registration of your order (see section 3.2.3 above). -above). The delivery will be deemed to occur on the date of first presentation of the products to the delivery address indicated.
3.3.4 DELAY IN DELIVERY We invite you to regularly check the status of your order on the Site (see My Orders) or by calling our stores. (Article 1.1 above). We will keep you informed of any shipping delays we may have.
3.3.5 OBSERVATIONS ON DELIVERY OR DELIVERED PRODUCTS
You must check packages and products on delivery. If You have any reservation or observation that the products are returned to us, You must proceed as indicated in Article 4 below.
3.3.6 PROPERTY – RISKS
The transfer of ownership and risks to the products takes place upon delivery of the products. However, in the case where: (i) Your package We would be returned by the carrier because the address was wrong or you did not claim it within the specified time, (ii) You have not answered the telephone, Our voicemail and electronic messages to notify You of the situation (especially if the e-mail addresses, and the telephone numbers that You have transmitted to us are incorrect), and that We have been unable to reach you for a period of 2 months from the dispatch of the package, MARC ARNAUD PAVAGEAU assumes the property of the products and can dispose of them freely.
MARC ARNAUD PAVAGEAU retains the payments that triggered the manufacturing of the product in the first place and you agree to have no recourse to recover the amounts paid or the unclaimed products.
Until fourteen (14) days after the delivery date (see 3.3.3.), We leave You the possibility to return to us the ordered products which would not give you complete satisfaction for refund or exchange. To do this, You must imperatively return the standard form of withdrawal which you will find the model by clicking here, the after-sales service of Ateliers Pavageau, by registered letter with acknowledgment of receipt, at the headquarters of MAJE XIV (see article 1.1 above) within the aforementioned period of 14 days, to inform us of your decision before returning the products, tell us the reason for your return and follow exactly the return process that we will tell you. Your return request is effective only when the Pavageau Workshops acknowledge receipt in writing of your return request. If you return the products for refund, the return costs are your responsibility with the insurance fees that MARC ARNAUD PAVAGEAU will indicate by email. If this amount of insurance was not respected by You and that the jewel was to be lost during the delivery, the refund would be canceled and the jewel would remain entirely your responsibility. Upon receipt of your jewel, We verify that it is in perfect condition, then acknowledge receipt of the jewel. Then We will refund the price corresponding to the value of the products at the latest thirty (30) days following the date on which Your return has been accepted by the Pavageau Workshops, as indicated in article 4.3 below.
4.2 CONDITIONS OF ACCEPTANCE OF RETURNS The returns provided for in article 4.1 above will not be accepted by MARC ARNAUD PAVAGEAU and will only give rise to refund or exchange if: (I) the return process described by Our Consultants and on our site has been respected; (II) The products We returned in perfect condition, without being worn. In this way, items returned incomplete, damaged, damaged or dirty will not be taken back. In particular, products that have scratches, even discrete, can never be repeated. (III) Our Pavageau Workshops confirm that the mount and the stone, or any other component of the product, are in conformity with the product sent to You, without damage, modification or intervention of any kind; (IV) the products are returned to us in their original packaging, complete (original certificate provided if it is the case, accessories, packaging, including gift box, box, notices, warranty …). We also specify that:
(A) Return is no longer possible if it is a second consecutive return;
(B) Return is only possible for one product per order;
(C) Products that have been subject, at your request, to a personalized or specific modification (including a change in size of the stone or stones of different colors than what is visible on our online store) will not be no longer be refunded or exchanged;
(D) Similarly, some special products are not returnable. They are then clearly presented as such to the customer at the time of order;
(E) The return is possible on a jewel which was engraved by MARC ARNAUD PAVAGEAU, provided that the other conditions of return were well respected; (F) In addition, products sold outside the European Union can not be refunded or exchanged due to the complication of sending a valuable item internationally.
4.3 TERMS OF REFUND AND EXCHANGE
Any refund will be made, at the choice of MARC ARNAUD PAVAGEAU, either by recrédit of Your bank card, or by transfer a bank account in the name of the customer having placed the order, domiciled with the address of invoicing which was communicated at the moment of the command. In case of exchange, the amount initially collected is refunded. You can then place an order again for the chosen product.
4.4. SIZE DISCOUNT
Up to thirty (30) days after the date of delivery (see 3.3.3.), We leave You the possibility to return the products ordered to make a discount to size your jewel. To do this, You must inform the Pavageau Workshops after-sales service in writing or by telephone (see article 1.1 above), of your decision before returning the products to us, to indicate to us in writing the new size requested and to follow exactly the referral process we will tell you. Your request for a discount is effective only when MARC ARNAUD PAVAGEAU acknowledges receipt of your referral request in writing. If You return the products to us for resale, the cost of return will be your responsibility and the new shipping costs will be taken care of by MARC ARNAUD PAVAGEAU; upon receipt of products returned to size, You will no longer be able to benefit from the provisions of articles 4.1, 4.2 and 4.3 above, that is to say that You will not be able to return a jewel that has been handed to size . The deadline for delivery to size is eight weeks maximum under conditions, the complexity of some models may lead us to request a trip to the mandatory shop for the achievement of size.
4.5 CONDITIONS FOR ACCEPTANCE OF SIZE DISCOUNTS
The size discounts provided for in article 4.4 above will only be met by the Pavageau Workshops if: (I) the referral process described on our site has been followed; (II) The products We are returned in perfect condition, without being worn. . In this way, items returned incomplete, damaged, damaged or soiled can not be returned to size. In particular, products that have scratches, even discrete, can not be put back to size; (III) The Pavageau Workshops confirm that the mount and the stone, or any other component of the product, are in conformity with the product sent to You, without damage, modification or intervention of any kind. We also specify that:
(A) Products that have been subject, at your request, to a personalized or specific modification (in particular a change in size of the stone or stones of different colors than what is visible on our online store) will not be able to not give rise to size discount;
(D) Similarly, some special products can not be put back to size. They are then clearly presented as such to the customer at the time of order;
(E) The size discount is possible on a jewel that was engraved by the Pavageau Workshops, provided that the other conditions have been respected;
(F) The size discount is not possible for an order whose delivery address is outside the European Union; this so that you are not subject to indefinite customs fees twice.
4.6 RIGHT OF WITHDRAWAL
In application of the provisions of Article L. 121-20 of the Consumer Code, You have a period of fourteen (14) days from receipt of the products to exercise Your right of withdrawal, without justification or penalties (with the exception of taking care of your return costs). We will reimburse you no later than thirty (30) days following the date on which your right of withdrawal has been exercised. However, and in accordance with the Consumer Code, this right of withdrawal is not applicable to products made to order, that is to say all MARC ARNAUD PAVAGEAU products, except for products made in France. in advance and not engraved (that is to say the products of which We guarantee delivery within 3 days and not engraved), which You expressly recognize.
5.1 CONCERNING THE PRODUCTS
5.1.1 LEGAL GUARANTEES MARC-ARNAUD PAVAGEAU follows the legislation in force concerning the defects of conformity of the product to the Contract and the latent vices under the conditions envisaged in articles 1641 to 1649 of the Civil Code: “Article L. 211-4 of the Consumer Code: The seller is required to deliver goods in accordance with the contract and is responsible for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when it was charged to it by the contract or was carried out under its responsibility. Article L. 211-5 of the Consumer Code: To be in conformity with the contract, the property must: 1 ° Be fit for the usual expected use of a similar good and, where appropriate: – correspond to the description given by the seller and possess the qualities that he has presented to the buyer in the form of a sample or a model; – present the qualities that a buyer may legitimately expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labeling; 2 ° Or have the characteristics defined by mutual agreement by the parties or be fit for any special purpose sought by the buyer, made known to the seller and that the latter has accepted. Article L. 211-12 of the Consumer Code: The action resulting from lack of conformity is prescribed by two years from the delivery of the goods. Article 1641 of the Civil Code: The seller is bound by the guarantee for reasons of hidden defects of the thing sold which render it unfit for the use for which it is intended, or which diminish so much this use, that the buyer would not have not acquired, or would have given a lesser price, had he known them. Article 1648 paragraph 1 of the Civil Code: The action resulting from latent defects must be brought by the purchaser, within two years from the discovery of the defect. ”
5.1.2 WARRANTY IN CASE OF 2 YEARS
For any order, you get a two-year warranty against defect and hidden defect. All our jewels are handcrafted, and for the sake of the highest quality. Also, to prove our seriousness, we are committed to repair your jewel in case of defect or hidden defect. In case of need for repair, we have your jewel checked to find out where the fault came from. If it is an error of our fact, the insurance against defect and hidden defect plays and we take care of the repair as well as the return of your jewel. This warranty is valid for two years. Beyond this period, any hidden defect can not have survived without having been identified before. Thus, a concern on your jewel several years after its purchase can come only from a handling defect (shock, impact etc.). This guarantee can not be applied on any jewel having been the subject of a resizing to size or any operation carried out in a workshop other than that of our Pavageau Workshops. This is in no way an insurance or a guarantee against improper handling.
In the event that your jewel requires a repair or a refit that is not due to a defect or hidden defect (shock, breakage, scratch, incident, scratch, resize out of delay, re-rhodium etc.), this one, if it is possible, will be invoiced according to a quotation established by our Pavageau Workshops. To repair your jewel, even several years after your purchase, just contact us and we will tell you how to send us the jewel. Upon receipt, we have it examined and make an estimate to establish the amount of repairs. The repair will be carried out only if the owner of the jewel validates the estimate, our Pavageau Workshops will thus repair your jewel and it will be returned to you as soon as possible. If you ever had an incident (knock down your jewel, scrape it against a door, play a sport while wearing it), we prefer that you tell us in good faith rather than try to play the guarantee against vice and hidden defect. As the saying goes, “declared fault is half forgiven” and we will be happy to find the best possible arrangement to restore your jewel if you have signaled to us in all transparency where the problem was coming from. This will save you from waiting for the results of our Pavageau Workshops!
5.2 CONCERNING THE SITE
Without prejudice to the guarantees that appear in article 5.1 above, MARC ARNAUD PAVAGEAU does not give any guarantee on the Site and / or the Content (as described in article 7 below). In particular, MARC ARNAUD PAVAGEAU does not give any guarantee as to the conformity of any element of the Site for any particular use. MARC ARNAUD PAVAGEAU does not warrant that the functions contained on the Site and that any Content or other material appearing therein will be available at any time, uninterrupted or error-free, that any defects or errors will be immediately corrected or that the Site or its server will at all times be free of viruses or other components that may cause harm.
6.1 COMPLIANCE WITH LEGISLATION
The jewelry proposed is in accordance with the French legislation in force at the time of the proposal. The liability of MARC ARNAUD PAVAGEAU can not be engaged in case of non-compliance with the legislation of the country where the jewels are delivered. It is up to you to check with the local authorities the possibilities and modalities of import of the jewels that you intend to order, and to respect them under your whole responsibility. In addition, if You choose to access the Site from other territories than France, You do so on your own initiative and at your own risk. It is your responsibility to comply with local law insofar as this legislation is applicable.
6.2 PHOTO JEWELS
The photos of the jewels are presented for illustrative purposes only. We invite you to refer to the description of each jewel to know the specific characteristics. In case of doubt or if you want further information, do not hesitate to contact us (article 1.1 above).
6.3 LIMITATION OF LIABILITY In particular, will be considered as falling under Your own fact, omission or fault: any damage or loss You suffer that would result from the unsuitability or incompatibility of Your computer equipment (hardware and / or software) to all or part of the Site and / or failure to implement all reasonable and necessary safeguards against any harmful programs, devices or communications, as it is Your sole responsibility (I) to verify or have verified that Your computer equipment and / or telecommunications is adapted and compatible with the Site, and this before any use and (II) implement and implement all reasonable and necessary protections against any programs, devices or harmful communications, including through anti-virus software.
6.4 LINKS TO OTHER SITES
The Site may contain links to other sites on the Internet. These other sites are not under the control of MARC ARNAUD PAVAGEAU and You acknowledge that MARC ARNAUD PAVAGEAU is not responsible for the accuracy, the respect of the rights of intellectual property, the legality, the decency nor any other aspect of the content of these sites. The inclusion of such a link does not imply endorsement by MARC ARNAUD PAVAGEAU, nor any association with its operators. MARC ARNAUD PAVAGEAU can not assure you that you will be satisfied with any product or service that you obtain on a third-party site that is the subject of a hyperlink from or to the Site, as the channels of others Online businesses belong to independent traders and are operated by them. MARC ARNAUD PAVAGEAU does not promote any merchandise and has not taken any steps to confirm the accuracy or reliability of any information appearing on these third party sites. We urge you to perform any research that You deem necessary or appropriate before you perform any electronic transaction with any of these third parties.
7.1 LEGAL PROTECTION
The Site and all the elements (including products), documents and other data contained therein (the “Content”), whether visual or audio, are protected by the applicable French and international rules, as the case may be , trademarks, or services – whether registered or not as such – and trade names or other distinctive signs, copyrights, related rights, sui generis rights, rights designs, patents, manufacturing or commercial secrets or other similar rights and are owned or have been licensed to MARC ARNAUD PAVAGEAU.
7.2 VIOLATION OF INTELLECTUAL PROPERTY
Your right to use the Site and any Content or other material appearing therein is subject to Your compliance with the Agreement and any applicable law or regulation. Any use of the Site or any Content for any purpose other than those permitted by the Agreement may constitute a violation of our rights or those of Our licensors: (I) You may access any Content and any other element of the Site and display them only for non-commercial and private use; (II) the Site and any Content may not be copied, reproduced, modified, republished, downloaded, posted, adapted, transmitted, distributed or used in any way without the prior written permission of MARC ARNAUD PAVAGEAU or unless applicable mandatory legal authorization ( in this case, you will have to keep intact all the notices of ownership); (III) You may not use any meta tags or any other hidden text containing Our name, brand (s) or that of the companies that are related to Us without Our specific, prior and written agreement; (IV) Any User who wishes to place, for his personal use, on his site, a simple link directly to the home page of the Site, must obtain our prior written authorization; under no circumstances may Our agreement engage Our responsibility, for any reason whatsoever, on the Site or any Content; (V) any hypertext link to the Site by framing or in-line linking is strictly prohibited.
8.1 SUBMISSION OF CONTENT
Users may send us criticisms, comments or any other content, submit suggestions, ideas, questions or any other information as long as this content is not illegal, obscene, abusive, threatening, defamatory, infringing rights. intellectual property, or prejudicial to third parties and does not consist of or contain any computer viruses, political activism, commercial solicitations, mass mailing, channels or any other form of “spam”. You must not use a false e-mail address, impersonate any person or entity, or lie about the origin of the content. We reserve the right, in our sole discretion, to remove or modify any content.
8.2 REPRODUCTION RIGHT
If You Address Us Content, and except as otherwise provided by You, You, and our Related Companies, grant to us for the applicable legal term of protection, the non-exclusive and gratuitous right to reproduce, modify, adapt, publish, translate, distribute, sublicense and display this content worldwide, on the Site and in any medium.
8.3 NECESSARY RIGHTS
You represent and We warrant that you own or hold the necessary rights to the content that You transmit to Us. You agree to indemnify us in the event of an action, or a claim by a third party against Us, as soon as this action is caused by, the basis or origin of the content you have communicated to us.
9.1 JURISDICTION IN FORCE
The Contract is subject to French law (excluding applicable conflict of law rules).
9.2 COMPETENT COURTS
In case of dispute, only the French courts will be competent.
10.1 MANAGEMENT OF PERSONAL DATA
The personal data collected on the Site are intended for MARC ARNAUD PAVAGEAU with your consent. MARC ARNAUD PAVAGEAU is committed to protecting Your personal data. All personal data concerning you collected by MARC ARNAUD PAVAGEAU are treated with the strictest confidentiality, in accordance with the provisions of the law 78-17 of January 6, 1978 relating to data processing, files and liberties, for the needs of the treatment of orders. Your information and personal data are necessary for the management of orders and relationships with You, as well as to keep you informed of all offers and commercial information that may interest you. They can be transmitted to service providers and contractual partners who intervene and contribute to the management of orders. This information and the management of orders are also kept for security purposes, in order to comply with legal and regulatory obligations and to allow MARC ARNAUD PAVAGEAU to improve and personalize the services offered to You.
10.2 RIGHT OF ACCESS, CORRECTION AND OPPOSITION
In accordance with the Data Protection Act of 6 January 1978, You have a right of access, rectification and opposition to personal data concerning him. To exercise this right, You must send a letter to the following address: MARC ARNAUD PAVAGEAU, 35 rue Nationale 37000 Tours, and indicating your last name, first name, e-mail address and your customer references. Each application must be signed and accompanied by a photocopy of an identity document bearing Your signature and specify the reply address. This reply will be sent within 2 months of receipt of the request.
10.3 DISSEMINATION OF INFORMATION
When entering personal data within the Site and prior to their collection, You have the option to accept to receive information relating to MARC ARNAUD PAVAGEAU products. In accordance with the law in force, such information will only be sent to You if and only if You have expressly agreed to receive it.
MARC ARNAUD PAVAGEAU is likely to send you commercial offers by mail, email, sms, telephone or via all the web spaces animated by MARC ARNAUD PAVAGEAU or one of its partners on social networks, subject to prior acceptance . You have the option at any time to oppose you at no charge to these commercial prospecting, by clicking on the link “unsubscribe” in each email.
When viewing the site, information about Your browsing may be saved in “Cookies” files installed on their device (computer, tablet, smartphone). These cookies are issued by MARC ARNAUD PAVAGEAU in order to facilitate the navigation on the site and allow to recognize Your browser when You are connected to the Site. These cookies are issued in order to: – Establish attendance statistics (number of visits, page views, abandonment in the order process, etc.) – Adapt the presentation of the Site to the display preferences of the terminals, – Memorize information entered in forms, manage and secure access to reserved and personal areas such as the customer account and manage the shopping cart.
12.2 UTILITY OF COOKIES MARC ARNAUD PAVAGEAU reserves the right to implement cookies in Your computer during visits to the Site. A cookie is a small file that is sent to your computer and stored on your hard drive. A cookie does not identify You but is intended to report any previous visit
12.3 DEACTIVATION OF COOKIES
12.4 APPLICATIONS FROM THIRD PARTIES
The Site uses third-party computer applications that allow You to share Site content with others or to inform others of your opinion of Site content (social networks such as Facebook, Instagram, Google+, Twitter, etc).
12.5 COLLECTION OF INFORMATION BY SOCIAL NETWORKS
When you visit a page of the Site containing a “Share” or “Like” button, Your browser establishes a direct connection with the servers of the social network concerned. If You are connected to the social network during Your navigation, the application buttons allow you to link the pages consulted to Your account. If you interact via plug-ins, for example by clicking on the “Like” button or leaving a comment, the corresponding information will be transmitted to the social network concerned and published on Your account. If You do not want social networks to link the information collected through the Site to Your Account, You must Disconnect from the relevant social network before visiting the Site. In particular, MARC ARNAUD PAVAGEAU collects and uses Your browsing data when You visit the Site via Facebook. These collected data are only intended for the use of MARC ARNAUD PAVAGEAU.
12.6 NON-RESPONSIBILITY TO SOCIAL NETWORKS MARC ARNAUD PAVAGEAU is in no way responsible for any reason whatsoever of the content or operation of any of the social networks, including those that may be linked to the Site.
13.1 SUBSTITUTION OF PROVISIONS
If any provision of the Agreement should be declared unlawful, void or unenforceable for any reason whatsoever and it is not possible to substitute as of right a reasonable provision having a similar effect (operation which the parties allow for and already to any court seized of the dispute concerned to perform, to the extent permitted by applicable law), that provision will then be deemed to be capable of being severed from the Contract and will not affect the validity and enforceability of the other as far as possible under applicable law.
13.2 NO WAIVER IN THE EVENT OF NOT EXERCISING A RIGHT MARC ARNAUD PAVAGEAU’s failure to exercise any of the rights conferred on it under the Contract shall not be construed for the future as a waiver of the right in question or as an obstacle to the exercise of any other right .
13.3 TRANSFER OF RIGHTS AND OBLIGATIONS
We may transfer (by any means and in any form, including by merger) Our rights and obligations under the Agreement, without notice to you: (i) to any entity that is or will be related to us, or (ii) to any person or entity that will take direct or indirect control of all or a significant portion of Our property or Capital or voting rights or those of any of our related entities. You may not transfer (by any means) the Agreement without our prior written consent.
13.4 MODES OF NOTIFICATION
We may send You any notice provided for in the Agreement, either in the form of a publication on the Site, or by e-mail, or by normal, express or registered mail to Our address available to us in our systems, at our option. You acknowledge and agree that any of these methods of notification, chosen by Us, is sufficient for your information.
13.5 USE FOR EVIDENCE MARC ARNAUD PAVAGEAU may rely, in particular for the purposes of proof of any act, done or omission, programs, data, files, records, operations and other elements (such as monitoring reports or other statements) of a nature or in a form or form computer or electronic media, drawn up, received or kept directly or indirectly by it, except in the case of abuse or manifest error. You agree not to contest the admissibility, validity or probative force of the elements of nature or in the format or the aforementioned computer or electronic medium.
13.6 MODIFICATION OF CONDITIONS
Given the possible evolution of the Site and regulations, MARC ARNAUD PAVAGEAU reserves the right to modify the Conditions at any time. The new Conditions will be, if necessary, brought to your knowledge by online modification and will be applicable only to sales made after the modification.