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, 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 conditions implies that Internet users are in possession of
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 person.
ARTICLE 4. PURPOSE OF THE SITE
The purpose of the Site is to sell Products to Customers.
ARTICLE 5. ORDERING STEPS
- Ordering
In order to place an order, Internet users may select one or more Products and add them to their basket. The availability of Products is indicated on the Site, in the description of each item. When their order is complete, they can access their basket by clicking on the button provided for this purpose.
- Validation of the order by the Internet user
By consulting their basket, Internet users will be able to check the number and nature of the Products they have chosen and will be able to check their unit price as well as their overall price. They will be able to remove one or more Products from their basket.
If they are satisfied with their order, Internet users can validate it. They will then access a form on which they can either enter their connection identifiers if they already have them, or register on the Site by completing the registration form with their personal information.
- Payment by the Customer
Once they have logged in or completed the registration form, Customers will be invited to check or modify their delivery and billing details and will then be invited to make their payment by being redirected to the secure payment interface marked "order with payment obligation" or any similar formula.
- Confirmation of the order by the Publisher
Once the payment has been received by the Publisher, the latter undertakes to acknowledge receipt of the payment to the Customer electronically, within a maximum of 24 hours. Within the same period of time, the Publisher undertakes to send the Customer an electronic mail summarising the order and confirming its processing, including all related information.
ARTICLE 6. PRICES - PAYMENT
- Price
The applicable prices are those displayed on the Site on the day of the order. These prices may be modified at any time by the Publisher. The prices displayed are only valid on the day of the order and are not effective for the future.
The prices indicated on the Site are understood to be in euros, all taxes included, excluding delivery costs.
- Method of payment
Payments by credit card are made through secure transactions provided by Stripe. The Customer may also pay by Paypal. Payments in more than one currency will be made via the Alma platform
In the case of payment by credit card, the Publisher has no access to any data relating to the Customer's means of payment. The payment is made directly to the bank.
In the case of payment by money order, cheque or bank transfer, the delivery period only starts to run from the date of receipt of the payment by the Publisher.
- Billing
The Publisher shall send or make available to the Customer an electronic invoice after each payment. The Customer expressly agrees to receive invoices electronically.
- Default of payment
The agreed payment dates may not be delayed for any reason, including in the event of a dispute.
Any sum not paid on the due date shall automatically and without formal notice give rise to the application of late payment penalties calculated on the basis of a rate equal to 3 times the legal interest rate, without this penalty affecting the due date of the principal sums.
In addition, any delay in payment will result in the invoicing to the defaulting Client of collection costs in the amount of 40 euros, the immediate payment of all sums remaining due regardless of the agreed deadlines, increased by an indemnity of 20% of the amount by way of penalty clause, as well as the possibility of unilaterally terminating the contract at the Client's expense. This clause falls within the scope of the provisions of Article 1152 of the Civil Code allowing the judge to reduce the compensation if the judge considers it to be excessive.
- Reservation of ownership
The Products sold remain the property of the Publisher until full payment of their price, in accordance with this retention of title clause.
ARTICLE 7. 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 : 0785555071, 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 4 working days.
ARTICLE 8. PERSONAL SPACE
- 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 space
personal space. The refusal by an Internet user to provide the said 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.
- 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.
- 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 a damage to the excluded Customer, who shall not be entitled to any compensation as a result.
This exclusion is without prejudice to the possibility for the Publisher to take legal action against the Customer, when the facts justify it.
ARTICLE 9. PERSONAL DATA
As part of its services, the Publisher will be required to process personal data of its Clients.
- Identity of the controller
The person responsible for the collection and processing of data on the Site is the Publisher.
- 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.
- Data collected from customers
The data collected during the contractual relationship is subject to automated processing for the purpose of :
Initiating legal proceedings; Verifying 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.
- Minimisation of data
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.
- 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 herea 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 herea 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 herea 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 regard 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 address a request here
- 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.
The Publisher uses the following subcontractors: Google anayltics, Instagram
- Transfer to 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 10. RESPONSIBILITY OF THE PUBLISHER
- Nature of the Publisher's obligations
The Publisher undertakes to exercise due care and diligence to provide Products of the quality specified in these Terms and Conditions. The Publisher is only responsible for a best-efforts obligation concerning the services covered by these Terms and Conditions.
- Force majeure - Customer's fault
The Publisher shall not be liable in the event of force majeure or fault on the part of the Customer, as defined in this article:
- Force majeure
For the purposes of these general terms and conditions, any impediment, limitation or disruption of the Service due to fire, epidemic, explosion, earthquake, fluctuations in bandwidth, failure attributable to the access provider, failure of transmission networks, collapse of installations, shall be deemed to be a case of force majeure enforceable against the Customer, unlawful or fraudulent use of passwords, codes or credentials provided to the Customer, hacking, security breach by the Site host or developers, flood, power failure, war, embargo, law, injunction, demand or requirement of any government, requisition, strike, boycott, or other circumstances beyond the reasonable control of the Publisher. In such circumstances, the Publisher shall be excused from performing its obligations to the extent of such impediment, limitation or disruption.
- Client's fault
In the sense of the present General Terms and Conditions, any misuse of the Service, fault, negligence, omission or failure on the part of the Customer or its employees, failure to follow the advice given by the Publisher on its Website, any disclosure or unlawful use of the Customer's password, codes and references, as well as the provision of erroneous information or failure to update such information in the Customer's personal space, will be considered as a fault of the Customer. The implementation of any technical process, such as robots or automatic requests, whose implementation would contravene the letter or the spirit of these general conditions of sale, will also be considered as a fault of the Customer.
- Technical problems - Hyperlinks
In the event of impossibility of access to the Site, due to technical problems of any kind, the Client may not claim any damages or compensation. The unavailability of one or more online services, even if prolonged and without any time limit, cannot constitute a prejudice for the Customers and cannot in any way give rise to the granting of damages by the Publisher.
The hypertext links on the Site may lead to other websites. The Editor cannot be held responsible if the content of these sites contravenes the legislation in force. Likewise, the Editor shall not be held liable if the Internet user's visit to one of these sites causes him/her harm.
In the current state of the art, the rendering of the representations of the Products offered for sale on this Site, particularly in terms of colours or shapes, may vary significantly from one computer to another or differ from reality depending on the quality of the graphic accessories and the screen or the display resolution. These variations and differences cannot in any case be attributed to the Publisher who cannot be held responsible for them.
- Damages to be paid by the Publisher
In the absence of legal or regulatory provisions to the contrary, the Publisher's liability is limited to the direct, personal and certain damage suffered by the Customer and linked to the failure in question. The Publisher shall in no event be liable for indirect damages such as, but not limited to, loss of data, commercial prejudice, loss of orders, damage to brand image, commercial disturbances and loss of profits or customers. Similarly and within the same limits, the amount of damages for which the Publisher is liable shall not in any event exceed the price of the Product ordered.
- Hyperlinks and Site content
The Contents of the Site are published for information purposes only, without any guarantee of accuracy. The Publisher cannot be held responsible for any omission, inaccuracy or error contained in this information that may cause direct or indirect damage to the Internet user.
ARTICLE 11. INTELLECTUAL PROPERTY
- 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.
- 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.
ARTICLE 12. FINAL PROVISIONS
- Applicable law
The present general conditions are subject to the application of French law.
- Changes to these terms and 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.
- Litigation
In accordance with order no. 2015-1033 of 20 August 2015, all disputes that may arise in the context of the execution of these general conditions and for which a solution could not be found beforehand on an amicable basis between the parties must be submitted.
In addition, the Customer is informed of the existence of the online dispute resolution platform, accessible at the following URL https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
Since 1 January 2016, mediation is compulsory for all. Thus, any professional selling to individuals is required to communicate the contact details of a competent Mediator in the event of a dispute, regardless of whether they sell remotely or in a physical shop (Source: FEVAD).
CMAP / www.cmap.fr
- Entirely
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.
- Non-waiver
The Publisher's failure to exercise its rights hereunder shall in no way be construed as a waiver of such rights.
- Telephone canvassing
The Customer is informed that he/she has the possibility to register on the telephone anti-solicitation list at the following address http://www.bloctel.gouv.fr/.
- Languages of these terms and conditions
The present general conditions are offered in French.
- 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.