ARTICLE 1. PARTIES
The present general conditions are applicable between IBELIV BY LIV SARL, share capital : 1000 €, registered at the RCS of Avignon in France on 01/10/2013, under the number 797639713, registered office : 10 Avenue de Fontcouverte, France, phone : +33785555071, email : contact@ibeliv.fr, intra-community VAT number : FR58797639713, hereafter " the Publisher " and any person, natural or legal, of private or public law, registered on the Site to buy a Product, hereafter " the Customer ".
ARTICLE 2. DEFINITIONS
" Customer ": any person, natural or legal, private or public, 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 Editor ": IBELIV BY LIV SARL in its capacity as editor of the Site.
" Internet user ": any person, natural or legal, private or public, connecting to the Site.
" Product ": goods of any kind sold on the Site by the Publisher to Customers.
" Site " means the website accessible at the URL www.ibeliv.fr, and any sub-sites, mirror sites, portals and URL variations thereof.
ARTICLE 3. SCOPE OF APPLICATION
The Site is freely accessible to all Internet users. Browsing the Site implies acceptance by all Internet users of these general conditions. Simply connecting to the Site, by any means whatsoever, in particular by means of a robot or a browser, shall imply full and complete acceptance of these general conditions. When registering on the Site, this acceptance will be confirmed by ticking the corresponding box.
The Internet user acknowledges that he/she has fully understood and accepts them without restriction.
Checking the above-mentioned box shall be deemed to have the same value as a handwritten signature by the Internet user. The Internet User acknowledges the value of the Publisher's automatic recording systems as proof and, unless he/she can prove otherwise, he/she waives the right to contest them in the event of a dispute.
The present general conditions are applicable to the relations between the parties to the exclusion of all other conditions, and in particular those of the Internet user.
Acceptance of these general terms and conditions assumes that Internet users have the legal capacity to do so, or failing that that they have the authorisation of a guardian or curator if they are incapable, of their legal representative if they are minors, or that they hold a mandate if they are acting on behalf of a legal entity.
ARTICLE 4. PURPOSE OF THE SITE
The purpose of the Site is to sell Products to Customers.
ARTICLE 5. CUSTOMER SERVICE
The customer service of the Site is accessible from Monday to Friday from 08:30 to 16:30 at the following phone number: 0649180255, by e-mail at: contact@ibeliv.fr or by mail at the address indicated in article 1 of the present general conditions. In the latter two cases, the Publisher undertakes to provide a response within 2 working days.
ARTICLE 6. PERSONAL SPACE
6.1. Creating 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. Refusal by an Internet User to provide such information shall have the effect of preventing 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 guarantees the confidentiality of the information contained in the personal space. The Internet user is therefore forbidden to transmit or communicate it to a third party. Failing this, the Publisher cannot be held responsible for unauthorised access to the personal space of an Internet user.
The Customer undertakes to regularly check the data concerning him/her and to make the necessary updates and changes online, from his/her personal space.
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 areas may be freely printed by the account holder in question, but do not constitute evidence admissible in court. They are for information purposes only and are intended to ensure the efficient management of the Customer's orders.
The Publisher undertakes to keep in a secure manner all contractual elements whose conservation is required by the law or the regulations in force.
6.3. Deleting 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 remained inactive for at least one year. Such deletion shall not constitute a fault on the part of
The Publisher or the Customer will not be entitled to any compensation for this.
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
As part of its services, the Publisher will be required to process personal data of its Clients.
7.1 Identity of the controller
The person responsible for the collection and processing of data on the Site is the Publisher.
7.2 Data collected
- Data collected from customers
Within the framework of its contractual relations, the Publisher may collect and process information from its Customers, namely: Email, Name and surname, Telephone, Address, State, Province, Postal code, City, Contract history.
- Purposes of the collection of personal data
The data collected during the contractual relationship is subject to automated processing for the purpose of :
Fulfill contractual commitments; contact Clients;
avoid illegal or unlawful activity; enforce the terms and conditions; initiate legal proceedings; verify the identity of Clients;
- Legal basis of the processing
The legal basis for the data collected is a contractual relationship.
- Recipients of the data
The data collected may be consulted only 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 visible to a third party.
- 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 Publisher's liability may be incurred.
Once the retention period has expired, the Publisher undertakes to permanently delete the data of the persons concerned without keeping a copy.
- Security and confidentiality of personal data
Personal data is kept in secure conditions, using 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 secured.
- Data minimisation
The Publisher may also collect and process any data voluntarily submitted by its Customers.
The Publisher directs its Customers to provide personal data that is strictly necessary for the performance of the contractual obligations.
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.
7.4. Respect for 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 in the online contact form.
- Right to information, access and communication of data
The Publisher's Customers 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 (in the case of a request via the dedicated electronic form) or a signed photocopy of their valid identity document (in the case of a request sent in writing), both accompanied by the words
"I certify on my honour that the copy of this identity document is true to the original. Done at ... on ...", followed by their signature.
To help them in their approach, Clients will find here a model letter drawn up by the Cnil.
- Right to rectify, delete and forget data
The Publisher's Customers may request the rectification, updating, blocking or deletion of their personal data which may be inaccurate, erroneous, incomplete or obsolete.
The Publisher's Customers may also define general and specific directives concerning the fate of personal data after their death. Where applicable, the heirs of a deceased person may require that the death of their relative be taken into account and/or that the necessary updates be made.
To help them in their approach, Clients will find here a model letter drawn up by the Cnil.
- Right to object to data processing
The Publisher's Customers have the possibility to object to the processing of their personal data.
To help them in their approach, Clients will find here a model letter drawn up by the Cnil.
- Right to data portability
The Publisher's Customers are entitled to receive the personal data they have provided to the Publisher in a transferable, open and readable format.
- Right to restrict 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 will only be stored and not used by the Publisher.
- 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 timeframe which may not exceed 1 month from receipt of the request.
- Complaint to the competent authority
If the Publisher's Customers consider that the Publisher is not complying with its obligations with respect to their personal data, they may submit a complaint or a request to the competent authority. In France, the competent authority is the Cnil to which they can send a request here.
7.5. Transfer of collected data
- Transfer to partners
The Publisher uses authorised 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 safeguards and comply with strict conditions regarding confidentiality, use and protection of data, for example via the US Privacy Shield.
- Transfer by requisition or court order
Customers also agree that the Publisher may disclose the data collected to any person, upon request of a state authority or court order.
- Transfer in the context of a merger or acquisition
If the Publisher is involved in a merger, sale of assets, financing, liquidation or bankruptcy or in an acquisition of all or part of its business by another company, Customers agree that the data collected will be transferred by the Publisher to that company and that company will carry out the personal data processing referred to in these Terms of Service on behalf of the Publisher.
ARTICLE 8. INTELLECTUAL PROPERTY
8.1. Legal protection of the Site Content
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 its successors or assigns constitutes a violation of Books I and III of the Intellectual Property Code and may give rise to legal proceedings for infringement.
8.2. Contractual protection of the Site Content
The Internet user contractually undertakes to the Publisher not to use, reproduce or represent, in any way whatsoever, the Contents of the Site, whether or not they are protected by an intellectual property right, for any purpose other than their reading by a robot or a browser. This prohibition does not apply to indexing robots whose sole purpose is to scan the content of the Site for indexing purposes.
8.3. Protection of general conditions
The general terms and conditions of the Site, written 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 give rise to legal proceedings for parasitism.
ARTICLE 9. FINAL PROVISIONS
9.1. Applicable law
The present general conditions are subject to the application of French law.
9.2 Changes to these general conditions
The present general conditions may be modified at any time by the Publisher. The general terms and conditions applicable to the Customer are those in force on the day of his order or his connection to the present Site, any new connection to the personal space implying acceptance of the new general terms and conditions, if applicable.
9.3. Disputes
In accordance with the order n°2015-1033 of 20 August 2015, all disputes that may arise in the context of the execution of these general conditions and for which no amicable solution has been found between the parties shall be submitted to Medicys: www.medicys.fr.
In addition, the Customer is informed of the existence of the online dispute resolution platform,
available at the following URL https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
Any dispute arising out of or in connection with this contract shall be settled by arbitration in accordance with the rules of the Digital Institute of Arbitration and Mediation: www.fast-arbitre.com.
9.4. Entire
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 invalidated provision with a valid provision corresponding to the spirit and purpose of this agreement.
9.5. Non-waiver
The Publisher's failure to exercise its rights hereunder shall in no way be construed as a waiver of such rights.
9.6. Canvassing
The Customer is informed that he/she has the possibility to register on the telephone anti-solicitation list at http://www.bloctel.gouv.fr/.
9.7. Languages of these general conditions
The present general conditions are offered in French.
9.8. Unfair terms
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.
