General conditions of use of the website fjorkmerino.com
applicable from 05/08/2024
ARTICLE 1. PARTIES
These general conditions are applicable between Fjork France Sarl, registered under number 93091022900010 RCS Paris, head office: 31 avenue de Ségur 75007 Paris, email: sav@fjorkmerino.com, hereinafter "the Publisher" and any person, natural or legal, under private or public law, registered on the Site to purchase a Product, hereinafter “the Customer”.
ARTICLE 2. DEFINITIONS
“Customer”: any person, natural or legal, under private or public law, registered on the Site.
“Site Content”: elements of any kind published on the Site, protected or not by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.
“The Editor”: Fjork Merino in his capacity as editor of the Site.
“Internet user”: any person, natural or legal, under private or public law, connecting to the Site.
“Product”: goods of any kind sold on the Site by the Publisher to Customers.
“Site”: website accessible at the URL fjorkmerino.com.com, as well as the related subsites, mirror sites, portals and URL variations.
ARTICLE 3. SCOPE OF APPLICATION
The Site is freely accessible to all Internet users. Browsing the Site implies acceptance by any Internet user of these general conditions. Simply connecting to the Site, by any means whatsoever, in particular via a robot or a browser, will constitute full acceptance of these general conditions. When registering on the Site, this acceptance will be confirmed by checking the corresponding box. The Internet user acknowledges having read them fully and accepting them without restriction. Checking the above-mentioned box will be deemed to have the same value as a handwritten signature from the Internet user. The Internet user recognizes the evidentiary value of the Publisher's automatic recording systems and, unless he provides proof to the contrary, he waives the right to contest them in the event of a dispute. These general conditions are applicable to relations between the parties to the exclusion of all other conditions, and in particular those of the Internet user. Acceptance of these general conditions assumes on the part of Internet users that they have the necessary legal capacity for this, or failing that they have the authorization of a guardian or curator if they are incapable. , their legal representative if they are minors, or even that they hold a mandate if they act on behalf of a legal entity.
ARTICLE 4. PURPOSE OF THE SITE
The purpose of the Site is the sale of Products to Customers.
ARTICLE 5. CUSTOMER SERVICE
The Site's customer service is accessible from Monday to Friday from 8:30 a.m. to 5:30 p.m. by email to: sav@fjorkmerino.com or by post to the address indicated in article 1 of these general conditions. In these last two cases, the Publisher undertakes to provide a response within 2 working days.
ARTICLE 6. PERSONAL SPACE
6.1. Creation of a personal space The creation of a personal space is an essential prerequisite for any order from an Internet user on the Site. To this end, the Internet user will be asked to provide a certain amount of personal information. Some of this information is deemed essential for the creation of personal space. Refusal by an Internet user to provide said information will have the effect of preventing the creation of the personal space as well as, incidentally, the validation of the order. When creating the personal space, the Internet user is invited to choose a password. This password guarantees the confidentiality of the information contained in the personal space. The Internet user therefore refrains from transmitting it or communicating it to a third party. Failing this, the Publisher cannot be held responsible for unauthorized access to an Internet user's personal space. The Customer undertakes to carry out regular verification of the data which concerns him and to carry out the necessary updates and modifications online, from his personal space.
6.2. Content of the personal space The personal space allows the Customer to consult and follow all his orders placed on the Site. The pages relating to personal spaces are freely printable by the account holder in question, but in no way constitute admissible evidence in a court of law. They are only of an informative nature intended to ensure efficient management of their orders by the Customer. The Publisher undertakes to securely store all contractual elements whose retention is required by law or regulations in force.
6.3. Deletion of personal space The Publisher reserves the right todelete the account of any Customer who contravenes these general conditions, in particular when the Customer provides inaccurate, incomplete, misleading or fraudulent information, as well as when the personal space of a Customer has remained inactive for at least one year. Said deletion will not be likely to constitute a fault on the part of the Publisher or damage to the excluded Customer, who will not be able to claim any compensation as a result. This exclusion is without prejudice to the possibility, for the Publisher, of taking legal action against the Client, when the facts justify it.
ARTICLE 7. PERSONAL DATA
As part of its service, the Publisher will be required to process the personal data of its Customers.
7.1. Identity of the data controller
The person responsible for the collection and processing of data on the Site is the Publisher.
7.2. Data collected
7.2.1. Data collected from customers As part of its contractual relationships, the Publisher may be required to collect and process information from its Customers, namely: Email, First and last name, Telephone, Contract history.
7.2.2. Purposes of collecting personal data The data collected during the contractual relationship are subject to automated processing for the purpose of: executing contractual commitments; contact Customers; avoid any illicit or illegal activity; enforce the general conditions; initiate legal proceedings; verify the identity of Customers;
7.2.3. Legal bases of processing The data collected has a contractual relationship as its legal basis.
7.2.4. Recipients of the data The data collected can only be consulted by the Publisher within the limits strictly necessary for the execution of contractual commitments. This data, whether in individual or aggregate form, is never made freely viewable by a third party.
7.2.5. Duration of retention of personal data The personal data collected are kept for the duration of the contractual relationship, and for the time during which the Publisher's liability may be incurred. After the retention period, the Publisher undertakes to permanently delete the data of the persons concerned without retaining a copy.
7.2.6. Security and confidentiality of personal data Personal data is stored in secure conditions, according to current technical means, in compliance with the provisions of the General Data Protection Regulation and the national legislation in force. Access to the Publisher’s premises is also secure.
7.2.7. Data minimization The Publisher may also collect and process any data voluntarily transmitted by its Customers. The Publisher directs its Clients to provide personal data strictly necessary for the execution of contractual commitments. The Publisher undertakes to only retain and process data strictly necessary for its professional activities, and will delete any data received that is not useful to its activities as quickly as possible.
7.3. Respect of rights The Publisher's Customers have the following rights regarding their personal data, which they can exercise by writing to the Publisher's postal address or by completing the online contact form.
7.4.1. Right of information, access and communication of data The Publisher's Clients have the possibility of accessing the personal data which concerns them. Due to the Publisher's obligation of security and confidentiality in the processing of personal data, requests will only be processed if Customers provide proof of their identity, in particular by producing a scan of their valid identity document (in the case of a request using the dedicated electronic form) or a signed photocopy of their valid identity document (in the case of a request made in writing), both accompanied by the words “I attest on my honor that the copy of this identity document is consistent with the original. Done at…on…”, followed by their signature.
7.4.2. Right of rectification, deletion and right to forgetting of data The Publisher's Customers have the possibility of requesting the rectification, updating, blocking or even erasure of their personal data which may prove to be the where applicable, inaccurate, erroneous, incomplete or obsolete. The Publisher's Clients can also define general and specific directives relating to the fate of personal data after their death. If applicable, the heirs of a deceased person may demand to take the death of their loved one into consideration and/or to make the necessary updates.
7.4.3. Right to object to data processing LThe Publisher's Customers have the possibility of objecting to the processing of their personal data.
7.4.4. Right to data portability The Publisher's Customers have the right to receive the personal data they have provided to the Publisher in a transferable, open and readable format.
7.4.5. Right to limitation of processing The Publisher's Customers have the right to request that the processing of their personal data by the Publisher be limited. Thus, their data can only be kept and no longer used by the Publisher.
7.4.6. Response times The Publisher undertakes to respond to any request for access, rectification or opposition or any other additional request for information within a reasonable period of time which cannot exceed 1 month from receipt of the request. .
7.4.7. Complaint to the competent authority If the Publisher's Customers consider that the Publisher is not respecting its obligations with regard to their personal data, they may send a complaint or request to the competent authority.
7.5. Transfer of collected data
7.5.1. Transfer to partners The Publisher uses authorized service providers to facilitate the collection and processing of its Customers’ data. These service providers may be located outside the European Union. The Publisher has previously ensured the implementation by its service providers of adequate guarantees and compliance with strict conditions in terms of confidentiality, use and protection of data.
7.5.2. Transfer upon requisition or judicial decision Customers also consent to the Publisher communicating the data collected to any person, upon requisition by a state authority or by judicial decision.
7.5.3. Transfer in the context of a merger or acquisition If the Publisher is involved in a merger, sale of assets, financing transaction, liquidation or bankruptcy or in an acquisition of all or part of its activity by another company, the Customers consent to the data collected being transmitted by the Publisher to this company and to this company carrying out the processing of personal data referred to in these General Conditions of Service in place of the Publisher.