General conditions of use of the hoodype.com website
applicable as of 13/03/2022
ARTICLE 1. PARTIES
The present general conditions are applicable between JF Company, SAS, share capital: 1000 €, registered at the RCS of Paris in France on 10/11/2020, under the number 890 906 498 R.C. S Paris, registered office: 10 rue de Penthièvre, France, email: firstname.lastname@example.org, intra-community VAT number: FR33890906498, hereafter "the Publisher" and any person, individual or legal entity, of private or public law, registered on the Site to purchase a Product, hereafter "the Customer".
ARTICLE 2. DEFINITIONS
"Customer": any person, natural or legal person, of private or public law, registered on the Site.
"Site Contents": elements of any kind published on the Site, whether or not protected by an intellectual property right, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.
"The Editor": JF Company, SAS in its capacity as editor of the Site.
"Internet user": any person, natural or legal person, of private or public law, connecting to the Site.
"Product": good of any nature sold on the Site by the Editor to the Customers.
"Site": Internet site accessible to the URL hoodype.com, as well as the sub-sites, mirror sites, portals and variations of URLs related to it.
ARTICLE 3. SCOPE OF APPLICATION
The Site is freely accessible to all Internet users. Browsing on the Site implies the acceptance by any Internet user of these general terms and conditions. The simple connection to the Site, by any means whatsoever, including through a robot or browser, will entail full and complete acceptance of these terms and conditions. When registering on the Site, this acceptance will be confirmed by ticking the corresponding box.
By the same token, the Internet User acknowledges that he/she is fully aware of them and accepts them without restriction.
The fact of 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 acknowledges the evidential value of The Publisher's automatic registration systems and, unless he or she can prove otherwise, waives the right to contest them in the event of a dispute.
These general terms and conditions are applicable to the relationship between the parties to the exclusion of all other conditions, including those of the Internet User.
Acceptance of these general terms and conditions assumes that the Internet user has the legal capacity necessary for this, or failing that they have the authorization of a tutor or curator if they are incapable, of their legal representative if they are minors, or that they are holders of a mandate if they are acting 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 customer service of the Site is accessible from the contact page of the site: support or by email at email@example.com or by post at the address indicated in Article 1 of these terms and conditions.
ARTICLE 6. PERSONAL SPACE
6.1. Creation of personal space
The creation of a personal space is an essential prerequisite for any order by 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. Refusal by an Internet User to provide this information will prevent the creation of the personal space and, incidentally, the validation of the order.
When creating the personal space, the Internet User is invited to choose a password. This password constitutes the guarantee of confidentiality of the information contained in the personal space. The Internet User shall therefore refrain from transmitting or communicating it to a third party. Otherwise, the Publisher shall not be held liable for unauthorized access to the personal space of an Internet user.
The Customer undertakes to regularly check the data concerning him/her and to proceed online, from his/her personal space, with the necessary updates and modifications.
6.2. Content of the personal space
The personal space allows the Customer to consult and track all orders placed on the Site.
Personal Space pages are freely printable by the account holder in question, but do not constitute evidence admissible in a court of law. They are only informative in nature and are intended to ensure efficient management of the Customer's orders.
The Publisher undertakes to keep securely all contractual elements whose conservation is required by law or regulation in force.
6.3. Deletion of the personal space
The Publisher reserves the right to delete the account of any Customer who contravenes these terms and conditions, in particular when the Customer provides inaccurate, incomplete, misleading or fraudulent information, as well as when a Customer's personal space has been inactive for at least one year. The said deletion shall not constitute a fault of the Publisher or a damage for 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 Customer, when the facts justify it.
ARTICLE 7. PERSONAL DATA
Within the framework of its service, the Editor will be led to process 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 Identity of the Data Protection Officer
The data protection representative is: Etienne Deshoulières, 121 boulevard de Sébastopol 75002 Paris, firstname.lastname@example.org, 01 77 62 82 03, www.deshoulieres-avocats.com" always taking care to create a hypertext link on the URL of our site.
7.3. Collected data
7.3.1. Data collected from customers
Within the framework of its contractual relations, the Publisher can be brought to collect and process information from its Customers, namely : Email, Name and surname, Telephone, Address, state, province, postal code, city.
7.3.2. Purposes of collecting personal data
The data collected during the contractual relationship are subject to automated processing for the purpose of :
- to carry out the contractual commitments ;
- to contact the Clients;
- to avoid any illicit or illegal activity;
- to ensure compliance with the general terms and conditions;
- to initiate legal proceedings;
- verify the identity of the Clients;
7.3.3. Legal basis of the processing
The legal basis for the data collected is a contractual relationship.
7.3.4. Recipients of the data
The collected data can only be consulted by the Publisher within the limits strictly necessary for the execution of the contractual commitments.
These data, whether in individual or aggregated form, are never made freely viewable by a third party natural person.
7.3.5. Retention period of personal data
The personal data collected is kept for the duration of the contractual relationship, and for the time during which the Publisher's liability can be engaged.
After the retention period, the Publisher undertakes to permanently delete the data of the persons concerned without keeping a copy.
7.3.6. 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 Regulations on Data Protection and the national legislation in force.
Access to the Publisher's premises is also secure.
7.3.7. Minimization of data
The Publisher may also collect and process any data voluntarily transmitted by its Customers.
The Publisher directs its Customers to provide personal data strictly necessary for the execution 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 to its activities as soon as possible.
7.4. Respect of rights
The Publisher's Customers have the following rights regarding their personal data, which they may exercise by writing to the Publisher's postal address or by filling out the online contact form.
7.4.1. Right to information, access and communication of data
The Publisher's Clients have the possibility to access their personal data.
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 (if requested via 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 honour that the copy of this identity document is a true copy of the original. Done at ... on ...", followed by their signatures.
To help them in their approach, the Clients will find here a model of mail elaborated by the CNIL.
7.4.2. Right of rectification, deletion and right to forget data
The Publisher's Customers have the possibility to request the correction, updating, blocking or deletion of their personal data which may prove to be inaccurate, erroneous, incomplete or obsolete.
The Editor's Customers of the Editor can also define general and particular directives relating to the fate of personal data after their death. Where appropriate, the heirs of a deceased person may require to take into consideration the death of their loved one and/or to make the necessary updates.
To help them in this process, Clients will find here a model letter developed by the CNIL.
7.4.3. Right to object to data processing
The Publisher's Clients have the possibility to oppose to the processing of their personal data.
To help them in their approach, Customers will find here a model letter developed by the CNIL.
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 Publisher's processing of their personal data be restricted. Thus, their data can only be kept and not used by the Publisher.
7.4.6. Response time
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 Publisher's Customers 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. In France, the competent authority is the CNIL to which they can address a request here.
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 that its service providers have implemented adequate guarantees and that they comply with strict conditions regarding confidentiality, use and protection of data, for example via the U.S. Privacy Shield.
The Publisher uses the following subcontractors:
Partner Quality Partner Recipient country Processing carried out Guarantees
7.5.2. Transfer on requisition or court order
Customers also consent to the Publisher's disclosure of the collected data to any person, upon request of a state authority or court order.
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 business by another company, Customers consent to the transfer of the data collected by the Publisher to that company and to the processing of personal data referred to in these Terms and Conditions of Service by that company instead of the Publisher.
ARTICLE 8. INTELLECTUAL PROPERTY
8.1. Legal protection of the Contents of the Site
The Contents of the Site are likely to be protected by copyright and database law. Any representation, reproduction, translation, adaptation or transformation, in whole or in part, carried out illegally and without the consent of the Publisher or his successors or assigns constitutes a violation of Books I and III of the Intellectual Property Code and will be liable to give rise to legal proceedings for counterfeiting.
8.2. Contractual protection of the Contents of the Site
The Internet User undertakes contractually with the Publisher not to use, reproduce or represent, in any way whatsoever, the Content of the Website, whether or not it is protected by intellectual property rights, for any purpose other than that of reading it by a robot or browser. This prohibition does not apply to indexing robots whose sole purpose is to scan the content of the Site for indexing purposes.
ARTICLE 9. FINAL STIPULATIONS
9.1. Applicable law
The present general conditions are subject to the application of French law.
9.2 Modifications of the present general conditions
The present general conditions can be modified at any time by the Editor. The general terms and conditions applicable to the Customer are those in force on the day of his order or his connection to this Site, any new connection to the personal space implies acceptance of the new general terms and conditions.
In accordance with the order n°2015-1033 of August 20, 2015, all disputes that may arise in connection with the execution of these terms and conditions and whose solution could not be found beforehand by amicable agreement between the parties must be submitted to Medicys: www.medicys.fr.
In addition, the Customer is informed of the existence of the online dispute resolution platform, accessible at the following URL address: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.
Any dispute arising out of or in connection with this Agreement shall be settled by arbitration in accordance with the rules of the Digital Institute for Arbitration and Mediation: www.fast-arbitre.com.
The nullity of one of the clauses of this contract shall not entail the nullity of the other clauses of the contract or of the contract as a whole, which shall retain their full effect and scope. In such a case, the parties shall, as far as possible, replace the invalid provision with a valid provision corresponding to the spirit and purpose hereof.
Failure by The Publisher to exercise any of the rights granted herein shall in no way be construed as a waiver of such rights.
9.6. Telephone canvassing
The Customer is informed that he has the possibility to register on the opposition list to telephone solicitation at http://www.bloctel.gouv.fr/.
9.7. Languages of the present general terms and conditions
The present general conditions are proposed in French.
9.8. Abusive clauses
The provisions of these general conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning unfair terms in contracts concluded between a professional and a consumer.
8.3. Protection of the general terms and conditions
The general terms and conditions of the Site, drafted by the law firm Deshoulières Avocats Associés (www.deshoulieres-avocats.com), are protected by commercial law. Any reproduction, in whole or in part, made without the consent of Deshoulières Avocats Associés may result in legal proceedings for parasitism.