Welcome to the website of the designer Patricia BLANCHET !
This site is intended for the promotion and sale of shoes and accessories PATRICIA
BLANCHET on the Internet.
The website of the creator Patricia BLANCHET, accessible by the URL www.patriciablanchet.com is published by BIBL, a simplified joint stock company with a capital of 100,000 euros, registered since March 29, 1993 in the Paris Trade and Companies Register, under the number B 390 594 745, whose head office is located at 20, rue Beaurepaire in Paris (10e), telephone: +33 (0)1 42 02 35 85 email: contact@patriciablanchet.com.
Its Publication Director is Mr. Renaud BLANCHET, President of the company BIBL.
The Site is hosted by the company Shopify Inc. 151 O'Connor Street, Ground Floor, Ottawa, Ontario K2P 2L8, Canada. Registration number: 426160-7.
1. DEFINITIONS
For the purposes of these Terms and Conditions, where the singular includes the plural and vice versa, the following definitions shall apply to capitalized terms:
1.1 "Product : Any good marketed under the brand PATRICIA BLANCHET® offered for sale by the Company on the Site.
1.2 "Client" : any User who has previously registered with a view to making an online purchase on the Site. The Customer is exclusively a non-trading individual:
be over 18 years of age and have full legal capacity to enter into a sale;
under 18 years of age and emancipated or duly authorized by his legal representative to
conclude a sale.
1.3 "General Conditions : Terms and Conditions of use of the Site and sale of Products on the Site, as accepted by Users and Customers ;
1.4 "Customer Account : personal account created by the Customer in order to proceed with the Order of Products on the Site;
1.5 "Delivery time : period between the date of validation of the Order and the date of Delivery of the Products to the Customer ;
1.6 "Delivery costs : Shipping costs to be paid by the Customer for the delivery of the Product(s) to the delivery address indicated by the Customer when ordering.
1.7 "Delivery" “Delivery” means the shipment of the Product to the Customer through a subcontractor of the Company in the Territory;
1.8 "Price" : unit value of a Product including all taxes, Delivery costs to be paid by the Customer 1.9 "Product" : good offered for sale by the Company on the Site;
1.10 "Site" : e-commerce site, accessible at www.patriciablanchet.com published by the Company allowing the latter to offer for sale on the Internet the Products
1.11 "Company " : Company BIBL, publisher of the Site, owner and operator of the Products throughout the world
1.12 "User" : Any person who uses the Site.
2 . SUBJECT
The purpose of these General Conditions is to define the conditions of use of the Site by Users and the terms of sale of Products between the Company and its Client.
By using the Site, the User accepts the following General Terms and Conditions contracted with the Company.
These Terms and Conditions apply to the exclusion of all others for all Orders placed on the Site between the Company and the Client for Delivery in the Territory. They prevail over any mention or indication on the Site or other publications of or about the Company.
The User acknowledges having read and accepted without reservation, modification or restriction, the present General Conditions.
The User has the option of printing these General Conditions or saving them in pdf format on a durable storage medium.
3. REGISTRATION ON THE SITE
3.1 Registration on the Site is free of charge and necessary for its advanced features such as purchasing a Product or receiving the Company's newsletter.
To access these services, the Customer must create a Customer Account by registering on the Site through the "My Account" tab.
When registering on the Site and creating a Customer Account, the Customer chooses a login and a password which are strictly personal, confidential and non-transferable. The information communicated by the Customer at the time of his registration and at each use of the Site is kept by the Company under the conditions, in particular the duration, fixed by the laws and regulations in force in France.
3.2 The Customer agrees not to allow a third party to access and/or use his Customer Account. The Client is solely responsible in the event of use, even without his knowledge, of his Client Account and/or password by a third party, and he alone shall bear the consequences thereof. The Client undertakes to inform the Company without delay of any use by a third party of his Client Account and/or password.
Unless expressly authorized by the Company, the Client is prohibited from creating or using other Client Accounts than the one initially created in his name on the Site, either under his own identity or that of a third party.
3.3 The Client agrees to comply with the following cumulative conditions: the Client must fill in the fields of the registration form on the Site and agrees to provide the Company with complete and accurate information. In particular, the Client must indicate his postal and telephone details, as well as his e-mail address.
In order for the Company to provide a quality service, the Client agrees to update, as soon as possible, the information provided through his Client Account, in particular concerning his postal and bank details as well as his e-mail address. The Client is solely responsible for any direct or indirect prejudice that he may suffer in the absence of updating this information, the consequences of which he alone shall bear.
3.4 In the event of non-compliance with the General Terms and Conditions, the Company reserves the right to automatically delete the Client Account, without compensation, after sending a formal notice by email which has remained without effect for more than thirty (30) days. In case of breach or serious misconduct on the part of the Client, the deletion of the Client Account will be automatic, without notice or compensation.
4. THE PRODUCTS
4.1 The Products offered for sale on the Site are precisely described in their respective file, with the greatest possible accuracy, in particular with regard to their price, size and particularity. Customers are particularly advised to be aware of the possible differences in size between the models and shapes of the Products.
In order to facilitate and accompany the choice of its Customers, the Company provides them with an explanatory table for each model concerned as well as a Customer Service for any question or clarification.
4.2 The photographs and illustrations accompanying the Products on the Site have no contractual value and do not engage the responsibility of the Company.
4.3 The offers of Products and prices appearing on the Site are valid as long as they are visible and available for sale.
However, the Customer is reminded that the fact of adding to the basket does not mean that the order has been validated.
5. CUSTOMER SERVICE
For any question about the Products, the Site, the present General Conditions, the Customer Service of the Company can be contacted:
- by phone from Monday to Saturday from 11am to 7pm at +33 (0)1 42 02 35 85 (cost of a local call in France);
- by email to the following address serviceclient@patriciablanchet.com ;
- by mail to the following address Société BIBL, 20, rue Beaurepaire - 75010 Paris.
6. PRODUCT ORDERING
6.1 The Customer can place an order:
- on the Site via his Customer Account - directly in the store.
6.2 On the Site, the order of the Products is formalized according to the following steps: - Choice of the Products by the Customer in the basket;
- Validation of the basket ;
- Customer identification on the Site/Creation of a Customer Account by the User;
- Choice of delivery method by the Customer ;
- Customer's choice of payment;
- Acceptance of the Terms and Conditions by the Customer;
- Validation of the payment by the Customer;
- Validation of the order by email from the Company sent to the Customer with an indication of the estimated delivery date.
6.3 Any order implies acceptance by the Customer of the prices and description of the Products available for sale.
The Customer is strongly advised to keep a copy of his order on paper or on a reliable and durable recording medium.
6.4 In the absence of validation of the order by the Company, the order shall not be deemed to be taken into account.
6.5 The Company undertakes to honour orders received on the Site and duly validated within the limits of available stocks.
If one or more Products ordered on the Site are not available, the Company undertakes to inform the Customer by email. The order of the Product will then be cancelled and its price refunded, the rest of the order remaining firm and definitive.
6.6 The Company reserves the right to cancel or refuse any order from a Client for a legitimate reason, such as a difficulty in supplying a Product, a problem with the order or delivery, the abnormality of the order or when there is a dispute concerning a previous order, and in particular its payment or a systematic return of the Product(s) by the Client. The Company shall not be held liable in this respect.
6.7 The Company reserves the right to limit the number of Product(s) purchased by a Customer on the Site. For any order of more than five (5) Products on the Site, please contact the Company's Customer Service.
6.8 The Company will only inform the Customer by email. The Client is therefore requested to check his email box regularly.
7. PRICE AND PAYMENT
7.1 The prices of the Products on the Site are in euros, all taxes included, excluding delivery costs which vary according to the desired delivery location.
The Company reserves the right to modify its prices at any time without notice. The Products will be invoiced on the basis of the prices in force at the time the order is validated by the Company. In the event of a typing, printing, publication or calculation error resulting in a Price that is significantly lower than the Price normally charged on the Site or in the reference market for the Product(s) in question, the Order may be cancelled even if it has been automatically confirmed by the Company.
The Customer will be informed as soon as possible by email so that he/she can, if he/she wishes, place an Order at the right Price.
7.2 The payment of the Products is made in euros on the Site by :
- credit card : Visa, Carte Bleue, Mastercard, American Express ;
- Paypal account
- 3 (three) times free payment with Klarna
The Company uses for the Site a secure mode of payment from its provider Mollie. The banking data communicated by the Customer are directly transmitted encrypted, without passing through the Site.
In accordance with Article L. 132-2 of the French Monetary and Financial Code, the commitment to pay by means of a payment card is irrevocable. By communicating his credit card information, the Client authorizes the Company to debit his credit card for the amount corresponding to the price of the order placed on the Site.
To this end, the Customer confirms that he is the holder of the bank card to be debited and that the name on the bank card is indeed his. The Customer communicates the sixteen digits and the expiry date of his bank card as well as, if necessary, the numbers of the visual cryptogram.
In the event that it is impossible to debit the price of the order, the sale of the Products will be immediately cancelled by operation of law and the order cancelled. The Company implements all the means to ensure the confidentiality and the safety of the data transmitted on the Site by the means of its provider Mollie.
7.3 The Customer undertakes to pay the full Price when ordering.
The order will be validated by the Company only if the full price is received by the Company.
The Products shall remain the property of the Company until full payment of the price by the Client.
8. SHIPPING AND DELIVERY
8.1 No order will be shipped without prior validation by the Company.
8.2 The Products will be delivered to the address indicated by the Customer at the time of the order. No changes can be made after shipment.
8.3With the exception of sales, holiday season and leave periods, all orders placed via the Site from Monday to Friday before 1 p.m. and duly validated by the Company, will be prepared and dispatched the same day.
Orders placed on a Saturday, Sunday or public holiday will be processed on the next working day. 8.4 The order will be delivered according to the choice of the Customer:
A - to the delivery address indicated at the time of the order;
- in metropolitan France according to the average time of the COLISSIMO service or equivalent from Monday to Saturday;
- in Europe, and internationally, according to the average time of the COLISSIMO service or equivalent;
B - in a relay point :
C - at the headquarters of BIBL 20, rue Beaurepaire, 75010 Paris.
8.5 For deliveries outside of France, any customs duties and taxes are the responsibility of the Customer. The Company is not obliged to check and inform the Customer of the applicable duties and taxes. It is the Client's responsibility to check with the competent authorities of the country of delivery. If the Client refuses to pay customs duties or taxes, any sums due by the Company for the return of the Product(s) will be charged to the Client and deducted from the refund.
8.6 To follow up on his current order, the Customer can consult his Customer Account, the website of the partner in charge of the delivery or contact Customer Service.
8.7 The Order shall be delivered in a single package to the delivery address indicated by the Customer at the time of the Order. However, in the case of an Order for several Products, the Order may be split into several packages at the discretion of the Company.
The Customer shall be solely responsible for any failure to deliver the Product(s) due to a lack of information at the time of placing the Order or due to an error made by the Customer in providing his or her contact information or the address of the place of delivery, in particular his or her full name, address, telephone number and e-mail address, resulting in the loss of the Products. In this case, the Client shall remain liable for the payment of the Products.
No change in the place of delivery can be made after the Order has been shipped.
8.8 The Order shall be delivered by transport service providers appointed by the Company (hereinafter referred to as the "Carrier"), in particular Colissimo, in accordance with the average delivery times set out below for information purposes.
8.9 The Customer may schedule a later delivery date in accordance with the terms and conditions provided by the Carrier.
8.10 Delivery times may vary depending on the availability of the Products ordered and shall run from the date of dispatch of the Order by the Company.
They are expressed in working days and correspond to the average time required for the preparation and delivery of the Order by the Carrier.
8.11 The Company and the Carrier shall make every effort to meet the delivery deadlines for the Products ordered, which are given as an indication.
In the event that the delivery time cannot be met, in particular due to weather conditions, the Carrier shall inform the Customer by any means, without the Order being cancelled. The Company recommends that the Customer contact Customer Service in the event of a delay in delivery.
8.12 The Customer may consult the status of its Order on its Customer Account or contact the Company's Customer Service Department (see Article 5 of these General Terms and Conditions). 8.13 Pursuant to the French Consumer Code, and only if the Customer is a Consumer as defined by the legal provisions in effect on the date of the Sales Order, if the Products have not been
shipped or delivered within thirty (30) days as of the date indicated when the Sales Order was confirmed by the Company, the Customer may cancel the Sales Order by sending a registered letter with return receipt requested to the following address BIBL 20, rue Beaurepaire, 75010 Paris. The price of the undelivered Products will then be fully refunded to the Customer.
In the event that the Order has already been shipped upon receipt by the Company of the Client's cancellation request, the Client may still cancel the Order by refusing Delivery. The Company shall then refund the sums debited within fourteen (14) days of the date on which the Order was cancelled.
8.14 The Customer agrees to provide proof of their identity, if requested by the Carrier, by means of a valid official document and, if necessary, by providing the reference number allocated by the Company to their Order and communicated to him in the Order validation e-mail by the Company. If the Customer is unable to accept the Order in person, he/she shall appoint a third party to represent him/her, who shall be authorised to do so by a proxy bearing a photocopy of the Customer's identity card.
8.15 The Customer undertakes to be present at the delivery address indicated, on the day and for the duration of the time slot indicated by the Carrier.
The Customer undertakes to sign the delivery note presented by the Carrier on which he/she must make any precise and concise handwritten reservation concerning the delivered Products. The Customer shall particularly count the number of packages delivered to him.
In case of absence of the Customer at the time of delivery, the Carrier will proceed to a new presentation according to its own modalities. In the event of non-delivery, the package will be returned to the Company and placed back in stock. The Customer will be reimbursed for the amount of the order upon receipt of the package.
8.16 Customer shall check the condition and packaging of the Products upon delivery.
It is the Customer's responsibility to make the necessary reservations and claims, or even to refuse the Delivery if he/she notices any anomaly, shortage, damaged or opened package, missing or defective Product(s)...
The said reservations and claims must be addressed without delay to the Carrier and/or the Company, by email at serviceclient@patriciablanchet.com or by registered mail with acknowledgement of receipt, postmarked at: BIBL 20, rue Beaurepaire, 75010 Paris.
In the absence of a complaint to the Carrier and the Company, the Products shall be deemed to have been accepted without reservation by the Customer, unless he exercises his right of withdrawal and the legal guarantees.
9. RIGHT OF WITHDRAWAL
If, for any reason whatsoever, the items ordered are not to the complete satisfaction of the Consumer Customer, as defined by the legal provisions in force on the date of the Order, the Customer may return them within 14 (fourteen) calendar days of receipt, in application of article L.221-18 of the French Consumer Code, without giving any particular reason,
The Customer shall inform the Company of his or her decision to withdraw by means of an unambiguous statement, indicating his or her order number, using the following form:
by post BIBL 20, rue Beaurepaire, 75010 Paris;
by e-mail serviceclient@patriciablanchet.com.
For information purposes, the Company proposes the following model letter for consumer retraction in the case of a distance contract.
" To the attention of BIBL 20, rue Beaurepaire, 75010 Paris, serviceclient@patriciablanchet.com. At ..., on ... (date of letter)
Mrs./Mr,
On ... (indicate date on order form), I ordered ... (Product description and order number) which you delivered (or which I received) on ... (date).
In accordance with article L. 221-18 of the French Consumer Code, I hereby exercise my right of withdrawal.
Consequently, I would ask you to return the sum of ... euros that I paid when I placed my order, as soon as possible and no later than 14 days following receipt of this letter, in accordance with the provisions of article L. 221-24 of the French Consumer Code.
Please find enclosed (indicate the returned item) which I am returning to you. Yours sincerely
Signature (only in the case of notification of this form on paper)
Name of consumer(s)
Address of consumer(s)".
In the event of exercising this right for orders delivered in France, Belgium, Germany, Luxembourg, the Netherlands, Portugal and Spain, the product(s) must be returned by the customer by making a request via the dedicated returns portal. A Chronopost / DPD return label may then be provided, in accordance with the returns policy.
In the event of exercising this right for orders delivered within the European Union (excluding France, Belgium, Germany, Luxembourg, the Netherlands, Portugal and Spain) and outside the European Union, the Product(s) must be returned by the Customer within the aforementioned time limit, as evidenced by the postmark, to the following address: BIBL 20, rue Beaurepaire, 75010 Paris.
The return of the Product(s) will be carried out using a tracked delivery method, with Ad Valorem insurance, under the responsibility of the Customer, who must keep proof of shipment. The cost of return shipment shall be covered by the Customer.
This right of withdrawal is exercised provided that :
- The Product(s) concerned have not been used in any way whatsoever. The Product(s) must be new, intact, complete and in its (their) original packaging.
- The Product(s) concerned must be accompanied by any accessories;
Upon receipt, the Company will assess the condition of the returned Product(s). No returns will be accepted and therefore no refunds will be made if the Product(s) returned have been used or damaged by the Customer, rendering them unfit for sale.
Only the price of the Product(s) ordered and the delivery costs will be refunded to the Customer by the Company.
The refund of the Product(s) will be made as soon as possible and at the latest, within 14 (fourteen) days following the date of receipt by the Company of the Product(s) returned by the Customer.
The refund will be made by the same means of payment used by the Customer.
In accordance with the legal provisions in force, in particular article L221-28 3° of the French Consumer Code, the Consumer Customer within the meaning of the legal provisions in force at the date of the Order, has no right of withdrawal due to the nature of the Products marketed on the Site, which have been made to the Consumer Customer's specifications and/or clearly personalized.
10. PRODUCT WARRANTY
10.1 The Company is subject to the conditions of the legal guarantees of conformity of articles L.217-1 and following of the Code of consumption and of the hidden defects of articles 1641 and 1648 of the Civil code.
Particular information relating to after-sales service or the contractual guarantee are, if necessary, presented on the detailed sheet of the Product.
The Customer must ensure that the Products delivered to him/her correspond to his/her Order. For any request for information, the Customer should contact Customer Service.
10.2 On the legal guarantee of conformity :
In accordance with Articles L217-3 et seq. of the French Consumer Code, the legal guarantee of conformity allows the Customer who has received a good that does not conform to the contract or
has defects in conformity, to benefit from a period of two (2) years from the delivery of the good to act. This guarantee allows the Customer to choose between repairing or replacing the good. Article 217-3 of the Consumer Code.
“The seller shall deliver goods that comply with the contract and the criteria set out in Article L. 217-5.
He shall be liable for any lack of conformity that existed at the time of delivery of the goods within the meaning of article L. 216-1, and which becomes apparent within two years of delivery.
In the case of a contract for the sale of goods with digital elements :
(1) Where the contract provides for the continuous supply of digital content or a digital service for a period of two years or less, or where the contract does not specify the period of supply, the seller is liable for any lack of conformity of the digital content or digital service that appears within two years of delivery of the goods;
(2) Where the contract provides for the continuous supply of digital content or a digital service for a period of more than two years, the seller shall be liable for any lack of conformity of that digital content or digital service that appears during the period in which it is supplied under the contract. For such goods, the applicable time limit does not deprive the consumer of his right to updates in accordance with the provisions of Article L. 217-19.
The seller shall also be liable, within the same time period, for any lack of conformity resulting from the packaging, the assembly instructions, or the installation when the latter has been put at his charge by the contract or has been carried out under his responsibility, or when the incorrect installation, carried out by the consumer as provided for in the contract, is due to shortcomings or errors in the installation instructions provided by the seller.
This warranty period applies without prejudice to articles 2224 et seq. of the Civil Code. The starting point for the limitation period for the consumer's action is the day on which the consumer becomes aware of the lack of conformity.
Article 217-4 of the Consumer Code
" The property conforms to the contract if it meets, among others, the following criteria, if applicable:
1° It corresponds to the description, type, quantity and quality, particularly with regard to functionality, compatibility, interoperability, or any other characteristic provided for in the contract; 2° It is fit for any special purpose sought by the consumer, made known to the seller at the latest at the time of the conclusion of the contract and accepted by the latter;
3° It is delivered with all accessories and installation instructions, to be provided in accordance with the contract;
(4) It is updated in accordance with the contract."
10.3 On the legal guarantee of hidden defects :
In accordance with articles 1641 and following of the French Civil Code, the warranty for hidden defects allows the Client to choose between the cancellation of the sale, which implies that the Client returns the Product concerned and that the Company reimburses him/her the amount paid, or the reduction of the price of the Product. In the latter case, the Client keeps the Product but is partially reimbursed by the Company. The Client has a period of two (2) years from the discovery of the defect to act.
Article 1641 of the Civil Code
" The seller is bound by the warranty for latent defects in the thing sold which render it unfit for the purpose for which it was intended, or which so diminish that purpose that the buyer would not have acquired it, or would have given only a lesser price, if he had known of them. "
Article 1648 of the Civil Code
" The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.”
The repair of the consequences of the latent defect, once it has been proven, shall be at the Customer's option, unless this involves a cost that is manifestly disproportionate to the other modality:
- or the repair of the Product;
- or its replacement ;
- or its reimbursement.
In the case of a refund request, the Customer will be refunded after expertise of the Product and within fourteen (14) days after receipt of it by the Company.
11. INTELLECTUAL PROPERTY
11.1 Rights to the Site and its content
The Site, the Products offered as well as the databases integrated therein are the exclusive property of the Company.
Consequently, any extraction, partial or total reproduction, transfer of the Site and/or of the elements it contains, such as databases, as well as any use other than their consultation on the Site, are strictly forbidden without the prior written authorization of the Company, except for the exceptions provided for and strictly framed by the laws in force, and in particular the Intellectual Property Code.
11.2 Rights on the trademarks and domain name of the Site
The names, denominations and signs of identity of any nature (such as logos or figurative marks, names of products and services), quoted and reproduced on the Site, are the property of the Company and/or, if necessary, of Mrs. PATRICIA BLANCHET. It can be made no use even partial, no reproduction, representation or imitation by the User, except written and preliminary authorization of the holders concerned. Any infringement of this obligation constitutes, in particular, an offence of counterfeit or unfair competition exposing its author to legal proceedings and civil and penal sanctions.
In particular, the sign PATRICIA BLANCHET® is a registered trademark, exclusive property of the Company and Mrs PATRICIA BLANCHET. Any unauthorized reproduction or representation of the brand, its logo and all distinctive signs related to it constitutes an act of counterfeiting, at least a reprehensible act for which the offender(s) is (are) exposed to legal proceedings, as well as to heavy civil and penal sanctions defined, in particular, by the Code of Intellectual Property
11.3 Rights on creations and designs of Products
The creations and models marketed by the Company are works and/or drawings & models, exclusive property of Mrs PATRICIA BLANCHET and the Company. Any reproduction or representation not authorized by preliminary writing of these works and/or drawings & models, of any similar or identical form, constitutes an act of counterfeit, at least a reprehensible act, for which the offender(s) expose(s) himself/herself/themselves to legal proceedings as well as to heavy civil and penal sanctions defined, in particular, by the Code of Intellectual Property.
12. PROTECTION OF PERSONAL DATA
The protection of personal data is paramount for the Company, which complies with the "Informatique et Liberté" law n°78-17 of January 6, 1978 and the provisions of the General Data Protection Regulation (RGPD) n°2016/79 of April 27, 2016.
Therefore, and in accordance with their provisions, this privacy policy aims to explain the principles and measures implemented on this site and to inform you about :
- the personal data that The Company collects and the reasons for processing them; - the use that will be made of this data;
- your rights to the data that the Company collects.
This privacy policy applies to all of the Company's services and we thank you for reading it in its entirety before using our site and transmitting any personal data to us.
It is likely to be updated regularly.
12.1 What data does the Company collect?
In particular, the Company collects and processes: - your name, first name ;
- your email address;
- your phone number ;
- delivery address;
- your connection and navigation data.
12.2 When does the Company collect your personal data?
The Company collects the data you voluntarily provide to it when:
- you browse our Site, consult its sections and use the information published there;
- you subscribe to the Company's newsletters; - when you register and order on our site.
When you fill in fields, the mandatory nature of the data requested is indicated by an asterisk: this information is necessary for the Company to fulfil its obligations towards you, i.e. to provide you with the required product/service, information or newsletter.
If this mandatory information is not provided to us, the Company will not be able to provide the Products and information you expect.
Certain information, particularly technical information (IP address of your computer) or information concerning the consultation of the Company's site and its functionalities, is collected automatically as a result of your actions on the Company's site by cookies.
A cookie does not allow you to be identified; however, it records information about your computer's navigation on the site that the Company can read during your subsequent visits, in order to facilitate your navigation.
This information is kept for a period of two (2) months.
You can manually delete this information from your computer, following the procedure applicable to your operating system and Internet browser.
In the event that you have chosen to refuse the reception of cookies on the hard disk of your terminal, the functioning of the site will not be guaranteed.
The Company may collect anonymous data concerning the flows and traffic generated when your computer is connected to the site, such as: access providers, IP address, type and version of browser used, duration of your connection, etc. This data is collected, in particular, in order to meet its legal obligations and may also be used for statistical purposes in order to analyze the traffic on the Site and to improve it by adapting it to the needs and tastes of the User. The data is non nominative.
12.3 How will the Company use it?
The Company uses your personal data under contract for one or more of the following purposes: - to improve your user experience on the Company's site and to benefit from the Site's features and services;
- sending personalized information and newsletters about the Company, its Products and services and their evolution, about current events: some newsletters that the Company sends you are directly related to the Company's products;
If you wish to unsubscribe from these newsletters, a link is available in each email, you can also contact the Company to unsubscribe from this mailing list;
- the processing and follow-up of orders placed on the site.
12.4 How long does the Company keep your personal data?
The Company keeps your personal data for no longer than is necessary for the purposes for which they were collected (see point 2).
Thus, your personal data will be kept for the duration of the contractual relationship with the Company and archived for a period of three (3) years following the end of the said contractual relationship, unless it is of administrative, accounting or legal interest, in particular to establish proof of a right or contract.
In the case of a subscription to the newsletter of the Company's Site, you have the possibility at any time to modify the information you wish to receive or to unsubscribe in the link provided for this purpose in each newsletter or messages sent for prospecting purposes.
12.5 Who will receive your personal data?
The Company undertakes not to communicate, assign or transfer personal data to third parties
without your prior written consent.
However, the Company may transmit your personal data to the service providers with whom it collaborates and for the purposes mentioned above, and only to the extent necessary to accomplish the tasks entrusted to them.
These providers will always act in accordance with the applicable laws on the protection of personal data and pay particular attention to the confidentiality and security of such data, in accordance with our commitment as data controller.
Your personal data may be communicated in application of a law, a regulation, a decision of a regulatory or judicial authority and finally, if necessary, in order to preserve the rights and interests of the Company.
12.6 Where will your personal data be stored?
In order to ensure optimal security of your personal data, it is stored in the Company's databases, or in those of its service providers, which are located within the European Union.
In any case, your data will not be transferred outside the European Union.
12.7 What protection for your personal data?
The Company undertakes to take all measures to ensure the confidentiality and security of the personal data you have entrusted to us and to inform you of any breach of security resulting in the accidental or unlawful destruction, loss, alteration, unauthorized disclosure or access to your personal data.
12.8 What are your rights regarding your personal data?
In accordance with current regulations, you have at any time
- a right of access to your personal data processed by the Company;
- a right to rectify your data by updating or correcting your personal data;
- a right to limit the processing by requesting its suspension
- a right to object to the processing of your personal data, in particular to receive commercial communications;
- a right to erasure by requesting the deletion of your personal data;
- a right to portability by recovering your personal data in order to dispose of it.
You may exercise these rights at any time by contacting the Company and providing your requests, a copy of your identification and an address to which you would like the Company to respond:
By mail: Société BIBL 20, rue Beaurepaire, 75010 Paris;
By email: contact@patriciablanchet.com
A response will be sent to you within one (1) month of receipt of the request, extended to two (2) months depending on the complexity of the request.
You also have the right to file a complaint with the Commission Nationale Informatique et Libertés (CNIL).
12.9 Newsletter and canvassing
The Customer may subscribe to the Newsletter of the Site free of charge in order to be informed of the Company's offers, its events, and the new Products available on the Site.
The Customer has the possibility at any time to modulate the information he wishes to receive or to unsubscribe via the link provided for this purpose in each newsletter or messages sent for prospecting purposes.
13. RESPONSIBILITY
13.1 The Company shall not be held responsible for elements beyond its control, nor for any damage that may be suffered by Users or their technical environment, and in particular their computers, software, equipment, networks (modems, telephones...) and any material used to access or use the Site.
The Company uses all reasonable means at its disposal to ensure quality access to the Site but is not bound by any obligation of result in this regard.
In order to ensure maintenance, or for any other reason of its own, the Company reserves the right, without prior notice or information to Users, to interrupt, temporarily suspend or modify
access to all or part of the Site, without this interruption, suspension or modification of access giving rise to any obligation or compensation on its part, regardless of the prejudice that may be suffered by it or by third parties as a result of these malfunctions or unavailability.
13.2 The Company may be exempted from all or part of its liability in connection with the execution of the online sale of Products for which it is only a distributor, and in no case a manufacturer, by proving that the non-execution or improper execution of these General Terms and Conditions is attributable to the Customer, or to the unforeseeable and insurmountable act of a third party, or to a fortuitous event or a case of force majeure.
In any case, the Company shall only be held liable for direct damages caused by the Products sold on its Site or the sales service, to the exclusion of all others.
14. DURATION AND UPDATES
The present General Conditions are concluded for an indefinite period as from the use of the Site by the User.
The present General Conditions come into force on the date of validation of the order and are concluded for the duration necessary for the delivery of the Products to the Customer, until the extinction of the guarantees and obligations of the Company.
They are likely to evolve with the Site and the Company's activity. The User having accepted the terms is invited to check their updates regularly. Except in the case of major changes that may affect the User's situation and that may result in an alert on the Site, the User is deemed to accept these regular updates.
15. MISCELLANEOUS
15.1 If one or more provisions of these General Terms and Conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other provisions shall retain all their force and scope.
15.2 The fact that one of the parties does not avail itself of a breach by the other party of one of the obligations referred to in these General Terms and Conditions shall not be interpreted for the future as a waiver of the obligation in question.
16. APPLICABLE LAW, LANGUAGE AND JURISDICTION
16.1 The present General Conditions are subject to French law.
16.2 The present General Conditions are written in French. Any translation into a foreign language has no value and cannot be used against the Company for any reason whatsoever.
16.3 In the event of a dispute concerning the interpretation, execution or validity of these General Terms and Conditions, the French courts shall have exclusive jurisdiction.
The Customer is nevertheless invited to contact the Company beforehand
at contact@patriciablanchet.com in order to find an amicable solution.
The Customer is informed of the possibility which is offered to him by the articles L.612-1 and following of the Consumer Code to have recourse to a mediator of consumption by the means of the platform Devigny Mediation accessible on the following link: www.devignymediation.fr or by mail Médiateur de la consommation agréé - Devigny Médiation - 9, avenue René Gasnier - D01 - 49100- Angers.
The Customer is informed that within this framework, a dispute cannot be examined by the Consumer Mediator when :
1° The Client does not justify having tried, beforehand, to resolve his dispute directly with the Company by means of a written complaint in accordance with the terms and conditions provided for, if applicable, in the contract;
(2) The request is manifestly unfounded or abusive;
(3) The dispute has been previously considered or is being considered by another mediator or by a court;
4° The Client has submitted his request to the mediator within a period of more than one year from the date of his written complaint to the Company;
(5) The dispute is not within its jurisdiction.
Failing that, the French courts will have exclusive jurisdiction to resolve the dispute.
