Terms of service
General terms and conditions of use of the fjorkmerino.com website
applicable from 14/09/2022
ARTICLE 1. PARTIES
These general conditions are applicable between Boreal Sarl / Fjork Merino, c, registered under number CHE114379663, registered office: Place du midi 48 - 1950 Sion - Switzerland, 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
"Client": any person, natural or legal, under private or public law, registered on the Site.
“Site Content”: elements of any kind published on the Site, whether or not protected by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.
"The Publisher": Fjork Merino taken in its capacity as publisher of the Site.
“Internet user”: any person, natural or legal, under private or public law, connecting to the Site.
"Product": 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 sub-sites, mirror sites, portals and URL variations related thereto.
ARTICLE 3. SCOPE
The Site is freely accessible to all Internet users. Browsing on the Site implies acceptance by any Internet user of these general conditions. The simple connection to the Site, by any means whatsoever, in particular via a robot or a browser, will imply full acceptance of these general conditions. When registering on the Site, this acceptance will be confirmed by ticking the corresponding box. The Internet user acknowledges by the same fact that he has read them fully and accepts them without restriction. Ticking the aforementioned box will be deemed to have the same value as a handwritten signature on the part of the Internet user. The Internet user recognizes the proof value of the Publisher's automatic registration systems and, except for him to provide proof to the contrary, he waives the right to contest them in the event of a dispute. These general conditions are applicable to relations between the parties to the exclusion of all other conditions, and in particular those of the Internet user. Acceptance of these general conditions assumes on the part of Internet users that they have the necessary legal capacity for this, or failing that, that they have the authorization of a guardian or curator if they are unable , of their legal representative if they are minors, or that they hold a power of attorney if they are acting on behalf of a legal person.
ARTICLE 4. PURPOSE OF THE SITE
The purpose of the Site is the sale of Products to Customers.
ARTICLE 5. CUSTOMER SERVICE
The Site's customer service is available Monday to Friday from 8:30 a.m. to 5:30 p.m. by e-mail at: email@example.com or by post at the address indicated in article 1 of the these general conditions. In these last two cases, the Publisher undertakes to provide an answer within 2 working days.
ARTICLE 6. PERSONAL SPACE
6.1. Creation of the personal space The creation of a personal space is an essential prerequisite for any order from an Internet user on the Site.To this end, the Internet user will be asked to provide a certain amount of personal information. Some of this information is deemed essential for the creation of the personal space. The refusal by an Internet user to provide said information will have the effect of preventing the creation of the personal space as well as, incidentally, the validation of the order. When creating the personal space, the Internet user is asked to choose a password. This password constitutes the guarantee of the confidentiality of the information contained in the personal space. The Internet user is therefore prohibited from transmitting it or communicating it to a third party. Failing this, the Publisher cannot be held responsible for unauthorized access to the personal space of an Internet user. The Customer undertakes to regularly check the data concerning him and to proceed online, from his personal space, to the necessary updates and modifications.
6.2. Content of the personal space The personal space allows the Customer to consult and follow all his orders made on the Site. The pages relating to personal spaces are freely printable by the account holder in question, but in no way constitute evidence admissible by a court. They have only an informative character intended to ensure an effective management of its orders by the Customer. The Publisher undertakes to securely store all contractual elements whose storage is required by law or the regulations in force.
6.3. Deletion of the personal space The Publisher reserves the right to delete the account of any Customer who contravenes these general conditions, in particular when the Customer provides inaccurate, incomplete, misleading or fraudulent information, as well as when the personal space of a Client will have been 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 for this fact. This exclusion is without prejudice to the possibility, for the Publisher, to take legal action against the Client, when the facts have justified it.
ARTICLE 7. PERSONAL DATA
As part of its service, the Publisher will be required to process the personal data of its Clients.
7.1. Identity of the controller
The Publisher is responsible for collecting and processing data on the Site.
7.2. Data collected
7.2.1. Data collected from customers As part of its contractual relations, the Publisher may be required to collect and process information from its Customers, namely: Email, Surname and first name, Telephone, Contract history.
7.2.2. Purposes of the collection of personal data The data collected during the contractual relationship is subject to automated processing for the purpose of: fulfilling contractual commitments; contact Customers; avoid any illicit or illegal activity; enforce the terms and conditions; initiate legal proceedings; verify the identity of Customers;
7.2.3. Legal bases for 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 performance of contractual commitments. This data, whether in individual or aggregated form, is never made freely viewable by a third party natural person.
72.5. Duration of retention of personal data The personal data collected is kept for the duration of the contractual relationship, and for the time during which the responsibility of the Publisher may be engaged. After the retention period, the Publisher undertakes to permanently delete the data of the persons concerned without keeping a copy.
7.2.6. Security and confidentiality of personal data Personal data is stored under secure conditions, using current technical means, in compliance with the provisions of the General Data Protection Regulations and the national legislation in force. Access to the Publisher's premises is also secure.
7.2.7. Minimization of data The Publisher may also collect and process any data voluntarily transmitted by its Clients. The Publisher directs its Customers to provide personal data strictly necessary for the performance of contractual commitments. The Publisher undertakes to keep and process only the data strictly necessary for its professional activities, and will delete any data received that is not useful for its activities as soon as possible.
7.3. Respect for rights The Publisher's Clients have the following rights concerning 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 Clients of the Publisher have the possibility of accessing the personal data which concern them. Due to the obligation of security and confidentiality in the processing of personal data incumbent on the Publisher, requests will only be processed if Customers provide proof of their identity, in particular by producing a scan of their valid identity document (if requested using the dedicated electronic form) or a signed photocopy of their valid identity document (if requested in writing), both accompanied by the words "I certify on my honor that the copy of this identity document conforms to the original. Done at … on …”, followed by their signature.
7.4.2. Right of rectification, deletion and right to be forgotten of data The Publisher's Customers have the possibility of requesting the rectification, updating, blocking or even the deletion 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 necessary, the heirs of a deceased person may demand that the death of their loved one be taken into consideration and/or that the necessary updates be made.
7.4.3. Right of opposition to the processing of data The Clients of the Publisher have the possibility of opposing the processing of their personal data.
7.4.4. Right to data portability The Publisher's Clients 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 Clients of the Publisher 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 may not exceed 1 month from receipt of the request.
7.4.7. Complaint to the competent authority If the Clients of the Publisher consider that the Publisher is not respecting its obligations with regard to their personal data, they can address a complaint or a 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 data protection.
7.5.2. Transfer upon requisition or court order Customers also consent to the Publisher communicating the data collected to any person, upon requisition by a state authority or by court order.
7.5.3. Transfer as part of a merger or acquisition If the Publisher is involved in a merger, sale of assets, financing transaction, liquidation or bankruptcy or in an acquisition of all or part of its activity by another company, the Customers agree that the data collected be transmitted by the Publisher to this company and that this company operates the processing of personal data referred to in these General Conditions of Service instead of the Publisher.