CONTACT US - contact@e-protectshop.com  |  REUSABLE FILTER MASKS  |  100% free shipping* (see conditions below)

General terms and conditions of sale

LEGAL NOTICE AND GENERAL CONDITIONS OF SALE

Preamble

The following provisions establish the general conditions of sale of the products offered for sale on the website www.e-protectshop.com (hereafter “the Site”) by:

The company KEPLING DIGITAL GROUP, Simplified Joint Stock Company (SAS), with a capital of 1.000 euros, whose head office is located at 37/41 Boulevard Dubouchage, 06000 Nice, France, registered in the Nice Trade and Companies Register, under the number 888 948 458 ;

N°TVA: FR50888948458

Email: contact@e-protectshop.com 

(hereinafter referred to as “KEPLING DIGITAL GROUP” or “the Seller”) 

The Customer wishes to purchase a Product marketed by the Seller. They indicates that they have read all the characteristics of the Product presented on the website. 

The Seller reminds that the choice and purchase of a Product are the sole responsibility of the Customer, who acknowledges having freely made his decision. It is specified that the Products are reserved for private individuals and are intended for the Customer’s personal use, without any connection with the Customer’s professional use.

As part of its activity, KEPLING DIGITAL GROUP benefits from a professional liability insurance taken out with the company “ALLIANZ” located at 1 cours Michelet, 92076 Paris la défense cedex covering France.

The Customer declares to be at least 18 years old and to have the legal capacity or to have an authorization allowing them to contract and to place an order. The Seller reserves the right to carry out (i) any check concerning the age of the Customer and (ii) to cancel any order that does not comply with the conditions set out in these general terms and conditions of sale, without this engaging the responsibility of the Seller.

Definitions

To facilitate the reading of these terms and conditions of sale, the following words should be understood according to the definition associated with them :

  • Customer: means any consumer natural person or non-trader and adult purchasing a product marketed on the website.
  • GTC: means these General Terms and Conditions of Sale but also its annexes and any attached document or contract.
  • Force Majeure: must be understood as understood by law and in accordance with article 11 of these GTC.
  • Brand: refers to the brand “Ephygie“, trademark registered with the INPI, or more generally any trademark marketed by the Seller through the website.
  • Product(s):  means the product(s) sold by the Seller, as detailed in Article 2 hereof the GTC.
  • Website: refers to the www.e-protectshop.com website in its entirety.
  • Seller: refers to the company KEPLING DIGITAL GROUP as described in the preamble and/or any subsidiary, sister or parent company, under any trade names.


ARTICLE 1 – FIELD OF APPLICATION

The purpose of these General Terms and Conditions of Sale is to establish the terms and conditions of distance selling between the Seller and the Customer wishing to purchase a Product marketed on the website. In particular, they specify the various steps necessary for the Customer to place an order, the terms of payment and delivery, and specify the follow-up of the Customer’s order..

The website www.e-protectshop.com, directly operated by the Seller, has as its purpose the sale of products of the Brand marketed and owned by the Seller.

It is specified that these Terms and Conditions of Sale apply without restriction or reservation to all sales concluded by the Seller with the Customer for any Product and shall prevail over any other document whatsoever.


ARTICLE 2 – PRODUCTS

The Seller sells washable and reusable protective masks shown on the website on the day of its consultation by the Customer and within the limits of available stocks. The products comply with the standards applicable in France, in particular with regard to labelling, marking, use and manufacturing standards.

The marketed products are accompanied by a description as precise and complete as possible, stating their qualities, certifications and details (composition, photo, price).

However, given the digital presentation of the Products on the website, it is possible that the Customer’s perception of the photographic representation of the Products may not correspond exactly to the Product itself. As the photographic, textual and graphic elements are not contractual, the Seller shall not be held liable for any error or omission of any of these elements, or for their modification. It is thus specified that if the Seller undertakes to attempt to reproduce elements that are as faithful as possible to reality, particularly in terms of color, it cannot guarantee that these elements will be identically reproduced on the Customer’s computer equipment and, consequently, identical to the product delivered.

When a Product is accompanied by a reference to its number of washes, this reference corresponds to the mechanical and physical resistance of the Product, particularly of its fabrics and seams, to the washing cycles resulting from normal washing machine maintenance of the Product, notwithstanding the normal and reasonable wear and tear of all things over time.

ARTICLE 3 — PRICE

The price of each item is indicated on the website in euros and includes all taxes (VAT), excluding shipping or packaging costs.

The prices of any shipping and packaging costs are indicated in the Customer’s Basket, before payment, and broken down according to the different options available to the Customer.

It is indicated that the Seller reserves the right to change the prices charged, unilaterally and without any prior notice.

The products are invoiced according to the prices in force at the time of the order of the Customer.

ARTICLE 4 — Customer Area, User Personal Account

In order to place an order, the Customer is prompted to create a user account (personal space). He must register by filling out the form that will be offered to them at the time of their order and undertakes to provide sincere and accurate information concerning their civil status and contact details, including their email address.

4.1 Acceptance of these Terms and Conditions is an essential condition to be able to create an account.

4.2 The Customer is responsible for updating the information provided. They are told that they can change them by logging in to their account.

4.3 In order to access their personal space and order histories, the Customer must identify themself with the help of their user name and password, which they have freely chosen in accordance with the security criteria imposed by the Seller, and which are strictly personal. As such, the Customer forbids any disclosure. Otherwise, it shall remain solely responsible for the use made of it.

The Customer may also request the unsubscription by going to the dedicated page on his personal area or by using the contact form available on the website. It will be effective within a reasonable period of time.

4.4 In case of non-compliance with the general conditions of sale and/or use, the Seller will have the option to suspend or close a customer’s account after a warning sent electronically and has not been answered.

4.5 Any deletion of an account, whatever the reason, results in the outright deletion of any personal information of the Customer, within the limits of the evidence necessary for the Seller’s rights of defense for a reasonable period of time and in accordance with the terms and conditions laid down in the Data processing annexed to the GTC.

4.6 Any event due to a case of Force Majeure resulting in a malfunction of the website or server and subject to any interruption or modification in the event of maintenance, does not engage the responsibility of the Seller.

ARTICLE 5 — Orders

5.1 It is the Customer’s responsibility to select on the Website the products, references and sizes he wishes to order.

The choices made by the Customer are stored in his “shopping cart”. If he is logged in to his user account or after registering to have one, the Customer is invited to check his order, choose the delivery and billing options for his order, read the total amount of the order and pay it if he wishes so.

5.2 Product offers are valid as long as they are visible on the website, within the limits of available stocks.

The Seller undertakes to honor orders received on the website only within the limits of available stocks of the Products. In the absence of availability of one or more products ordered, the Seller will inform the Customer as soon as possible, specifying the terms of cancellation of the order or, where appropriate, refund.

Out of stock, whether temporary or permanent, shall not incur the responsibility of the Seller and/or open a right to compensation for the benefit of the Customer.

5.3 Any order will be valid only after full payment of the price.

It is the Customer’s responsibility to verify the accuracy of his order and the information attached, and to report any errors.

It is specified that the Seller cannot be held responsible for any errors and/or omissions attributable exclusively to the Customer.

Any cancellation of an order, in whole or in part, will be possible only before the shipment of the articles, without prejudice to the other powers of resolution and termination provided for in these Terms and Conditions.

5.4 Once the order has been validated, a notification is sent to the Customer by e-mail confirming that the Seller has taken his request into account. If a default of payment occurs, causing the cancellation of the order, the Seller will inform the Customer as soon as possible.

5.5 The Seller reserves the right to limit, cancel or refuse an order in the event of a previous or current dispute with the Customer or which presents any form of risk, and unilaterally.

ARTICLE 6 — PAYMENT TERMS

6.1 The price is to be paid in full at the time the Customer places an order. The Seller does not accept the payment of deposits or down payments and the sums paid cannot be considered as such. The final acceptance of the Customer is therefore materialized by the validation of his bank details (bank card number, expiration date and cryptogram).

6.2 Payment is made securely, by Credit Card, Paybox Credit Agricole module, (“Visa”, “Mastercard”,), through its “PayPal” account, its Amazon Pay account, its Stripe account.

6.3 During a credit card transaction, it is the responsibility of the customer to indicate the number of the card they wishes to use for payment, the name of the cardholder, the expiry date and the security cryptogram most often found on the back of the card.

By providing this information, the Customer agrees that the Seller will immediately debit his account for the amount (all taxes included) of the order.

6.4 Payment data are exchanged in an encrypted manner, using the protocol defined by the authorized provider involved in banking transactions carried out on the website.

ARTICLE 7 — TRANSFER OF OWNERSHIP

The transfer of ownership of the ordered product takes place at the time of receipt of full payment of the price of the order.

For the sake of clarity, it is indicated that refundable shipments are practiced and accepted only in Metropolitan France.

ARTICLE 8 — Delivery

8.1 The Products purchased are delivered in France, Corsica and DOM/TOM and in any other country whose marketing is planned by the seller through the distributors chosen by the Seller.

Only the means of delivery offered on the Seller’s website will be used for the delivery of the order. It is stated that the Seller does not allow the Customer to choose any other third party or service provider.

The Seller reserves the right to change unilaterally and at any time the means of delivery it offers, as well as the delivery rates. The rates and means of delivery in force at the time of the order will be those that will apply to the Customer.

8.2 Delivery will be made to the address provided by the Customer at the time of the order, provided that the order complies with the first paragraph of article 7.

Any delay in delivery resulting from a partial or total error of the address cannot be attributed to the Seller.

If delivery is impossible due to an error attributable to the customer and the order is returned by postal services to the Seller, the latter will cancel the order and refund the advanced sums less the shipping costs.

If the Customer wishes to place a new order, they will be able to do so according to the rates and deadlines now in force and will have to pay the delivery costs again.

8.3 The estimated delivery time is indicated to the Customer when placing their order. This may be longer or shorter depending on the possible logistical constraints related in particular to the stock, the delivery of orders and the delivery time of the latter.

The Seller reserves the right to change its shipping times unilaterally in accordance with its constraints. The estimate that the Customer must take into account is the one indicated at the time of the order and any communications from the Seller towards them.

8.4 If the actual delivery time of the product (s) ordered is 15 (fifteen) days longer than the period communicated at the time of the order, except in case of Force Majeure or fault attributable to the Customer, the latter is entitled to cancel their order and to be reimbursed for the sums paid.

The customer must then formulate his request by Registered Letter with Acknowledgement of Receipt (LRAR). The order will be resolved on the day of receipt of the said letter. Reimbursement of the amounts paid will be made no later than 14 (fourteen) working days from the date of resolution.

In the event that an item has been received before its resolution request has been received, the customer will be offered either (a) to accept the order and waive the resolution of the order, or (b) to return the ordered items free of charge, in their original unopened packaging.

8.5 The Seller reminds that it cannot be held responsible for delays in delivery which fall exclusively to the Customer or resulting from a case of Force Majeure, as defined by the laws and regulations in force at the time of the order.

8.6 The Customer will be able to access the tracking of the delivery via a postal tracking number communicated at the time of shipment of the order.


ARTICLE 9 — RETURN AND REFUND

RETURN POLICY, EXCHANGE OR REFUND: EPHYGIE RANGE

In accordance with article L221-18 of the Consumer Code, the Customer has a period of 14 (fourteen) days to return any item not suitable for him without having to mention a reason, being specified that the costs of return are the responsibility of the Customer. In view of the specifics of the Products marketed, they must be returned in their original packaging without it being unsealed and opened, accompanied by the purchase invoice or the delivery note accompanying the order. No return will be accepted if the returned Products have been visibly used or their packaging opened by the Customer, such use or opening of the packaging seal rendering the Products unfit for sale.

The right of withdrawal can be exercised online, thanks to the contact form available on the Site. The refund of masks shall be made within a reasonable period not exceeding 14 (fourteen) days from receipt of the return, provided that the packaging conditions set out in this article are met. The costs of return remain the responsibility of the Customer.

Notwithstanding the mandatory legal guarantees to which the Seller is bound and in accordance with article L121-21-8 of the Consumer Code, the Seller cannot accept returns for sanitary and hygienic reasons, having regard to the characteristics of the Products sold and their destination, as long as the packaging of the Product (s) has been unsealed.

“SATISFIED OR MONEY BACK” GUARANTEE:

The Customer has a period of 30 (thirty) days to return any item in request for exchange or refund. The costs of return are the responsibility of the Customer. Given the specifics of the Products marketed, they must be returned in their original packaging without it being unsealed and opened, accompanied by the purchase invoice or the delivery note accompanying the order with an annotation stating the reason for the request. No return will be accepted if the returned Products have been visibly used or their packaging opened as a result of the Customer, such use or opening renders the Products unfit for sale.

Return address:
KEPLING C/O ROUTING SERVICE
MILLAU VIADUCT ACTIVITY PARK
BOULEVARD DE ROULLENS
12100 MILLAU
FRANCE


RETURN POLICY, EXCHANGE OR REFUND: OTHER RANGES (Phyto, Activa, accessories,…)

In accordance with article L221-18 of the Consumer Code, the Customer has a period of 14 (fourteen) days to return any item not suitable for him without having to mention a reason, being specified that the costs of return are the responsibility of the Customer. In view of the specifics of the Products marketed, they must be returned in their original packaging without it being unsealed and opened, accompanied by the purchase invoice or the delivery note accompanying the order. No return will be accepted if the returned Products have been visibly used or their packaging opened by the Customer, such use or opening of the packaging seal rendering the Products unfit for sale.

The right of withdrawal can be exercised online, thanks to the contact form available on the Site. The refund of masks shall be made within a reasonable period not exceeding 14 (fourteen) days from receipt of the return, provided that the packaging conditions set out in this article are met. The costs of return remain the responsibility of the Customer.

Notwithstanding the mandatory legal guarantees to which the Seller is bound and in accordance with article L121-21-8 of the Consumer Code, the Seller cannot accept returns for sanitary and hygienic reasons, having regard to the characteristics of the Products sold and their destination, as long as the packaging of the Product (s) has been unsealed.

“SATISFIED OR MONEY BACK” GUARANTEE:

The Customer benefits from a “satisfied or money-back” guarantee which allows him to obtain, within 90 days of the purchase of the Product, his refund or exchange if he has not been satisfied with the result.

Products to be returned to the following address:
KEPLING C/O ROUTING SERVICE
MILLAU VIADUCT ACTIVITY PARK
BOULEVARD DE ROULLENS
12100 MILLAU
FRANCE

Exchange: To benefit from the exchange, the Customer must return the new Products in their original packaging, accompanied by all possible accessories, gifts, instructions of employment and documentation and the purchase invoice.

Refund: To benefit from the refund, the Customer must return the Products, whether they have been started or not, accompanied by all possible accessories, gifts, instructions of employment and documentation and the purchase invoice.
The Customer shall ensure to use a method of shipping the Products that preserves the traceability of the Products and their actual delivery to the Seller. Indeed, only the Products received by the Seller may give rise to the implementation of this warranty.
Upon receipt of the Products, the Seller will refund only the Products excluding shipping costs.
Warranty is limited to one Order per year.

ARTICLE 10 — Liability and guaranties

10.1 In accordance with the legal provisions referred to in article 16, the Products sold are benefit from:

  1. The legal guarantee of conformity in respect of the Products that are defective, damaged, damaged or not corresponding to the order;
  2. The legal guarantee of hidden defects resulting from defects in material, design or workmanship affecting the delivered Products and rendering them unfit for the intended use.

10.2 The Seller shall not be liable in the following cases:

  1. In case of misuse or misuse of the Product by the Customer or indirect damage;
  2. In the event of negligence or failure to maintain the Product by the Customer, being reminded that the Products are constantly delivered accompanied by their maintenance instructions and that in the event of loss of these indications, the latter remain available on the website;
  3. In case of normal wear and tear of the Product, accident or Force Majeure;
  4. In the event of an alteration of the Product made by the Customer for its use which would alter its essential characteristics, in particular by modifying for example materials, seams, shapes and colours;
  5. In case of storage or use in an atmosphere likely to significantly deteriorate the qualities of the Product.

The seller’s guaranty is, in any event, limited to the replacement or refund of the Products that are not in conformity or have a defect

10.3 In order to assert its rights, the Customer has the opportunity to inform the Seller in writing of the non-conformity of the Products or of the existence of hidden defects as of their discovery, using the contact forms available on the Site. The Seller undertakes to respond within a reasonable period of time, except in cases of Force Majeure.

The Seller will refund, replace or, if possible, have the Products or parts under guaranty found to be non-compliant or defective.

10.4 Refunds, replacements or repairs of the Products deemed non-conforming or defective shall be made as soon as possible and no later than 15 (fifteen) days after receipt of the returned Product and the Seller’s finding of the lack of conformity or hidden defect.

The refund will be made by any means provided by the seller, corresponding to the identity of the Customer.

ARTICLE 11 — Intellectual property rights

The website and all of its content, whether visual or audio, including the underlying technology, are the exclusive property of the Seller and benefit from both copyright and trademark law protection. Downloading, modifying, copying or reproducing in whole or in part any of these elements, on any medium whatsoever and for any reason whatsoever, is strictly prohibited, unless the Seller has given the prior and express consent.

The intellectual property rights of trademarks, contents, products marketed remain the full property of the Seller. Therefore, their use and reproduction are prohibited, unless otherwise provided by a contractual arrangement.

It is forbidden to alter or modify the distinctive signs of products such as but not limited to their trademarks, colours, graphics, except for strictly private, personal and non-commercial use.

Any damage that infringes the Seller’s intellectual property rights may be subject to immediate prosecution.

Article 12 — Force Majeure

The seller cannot be held responsible for a breach of one or more of its obligations in the event of a case of Force Majeure, as understood by French legislation and jurisprudence.

As such, Force Majeure means any external event, unpredictable and irresistible, preventing the Seller from fulfilling its contractual obligations. It generally includes, after a casuistic assessment, in a non-exhaustive manner:

  1. Cases of partial or total strikes, industrial closures, boycotts or any other action impeding the proper functioning of the industrial and/or commercial system.
  2. Civil unrest and threats including but not limited to riots, terrorist attacks or threats, wars or threats of war, military, chemical or nuclear attacks, epidemics disrupting the functioning of the industrial and/or commercial system, insurrections and revolts, invasions.
  3. Weather and natural disasters such as earthquakes, floods, tidal waves, tornadoes, storms, cyclones, water damage, epidemics and pandemics, fires and fires of all kinds, landslides.
  4. Legislative decisions, of any nature, whether taken by the French Government or not, of such a nature as to impose restrictions of all kinds.
  5. Computer and/or network failures and interruptions, as well as any blocking of telecommunications networks
  6. Interruptions, suspensions, blockages, accidents and failures of the transport networks or the impossibility of access to them, whether in the case of postal, maritime, rail, road or air transport or other private and/or public transport, including in cases of strike.

In the event of an event qualified as force majeure according to the preceding paragraph, the Seller undertakes to notify the Customer as soon as possible. In addition, the obligations arising from these GTC will be suspended for the duration of the Force Majeure event. All deadlines for execution, delivery and communication will be extended by the same.

The Seller will reasonably seek to find all solutions to stop the disorder. Notwithstanding, if the Force Majeure case were to last for a period of more than 3 (three) months, each party will be entitled to request the termination of the contract without compensation.


ARTICLE 13 — Computerized data processing

13.1 The Seller undertakes to ensure that all data collected in connection with the sale of its Products are processed in accordance with the applicable legislation and in compliance with the Data Processing Charter which is annexed with reference to these GTC.

13.2 The Customer is informed that the collection of personal data carried out on the Site is necessary for the sale of the Products by the Seller and that they will be transmitted to its delivery providers for the exclusive purpose of the delivery of the Products ordered. Ultimately, personal data are collected exclusively for the performance of the sales contract.

13.3 The Customer may, at any time, request the deletion of his account and data. On the other hand, the Seller reserves the right to retain any information useful and necessary for the exercise of its rights of defence in the event of any dispute arising or pending, within a reasonable period of time.

13.4 The bank data provided by the customer to pay for the Product (s) ordered are secured and exchanged in an encrypted manner according to a protocol defined by the payment provider and this exclusively for the execution of the sales contract.


ARTICLE 14 — Mediation, Conflict Resolution, Applicable Law and Jurisdiction.

14.1 The Seller and the Customer undertake to attempt to resolve in advance any dispute related to the performance of this contract amicably. The Customer may address his complaints at any time to the Seller through the contact forms available on the website.

14.2 The Customer is informed that he may in any event resort to conventional mediation, to the sectoral mediation bodies of his choice or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

14.3 If the attempt to settle disputes amicably fails, the courts competent to decide disputes relating to the enforcement of these GTC shall be those duly designated by ordinary law and consumer law.

14.4 These General Terms and Conditions, their preamble, their annexes and the transactions arising therefrom, are governed by French law in their entirety.


ARTICLE 15 — Other arrangements

15.1 Language

These Terms and Conditions were written in French. Even translated into one or more foreign languages, only the French text is authentic in the event of a dispute.

15.2 Partial non-validity of a clause

If any arrangement of this Agreement is void by law, regulation or court decision, it shall be deemed to be unwritten. However, the other arrangements of these GTC shall remain in force and as is.

15.3 Completeness clause

These GTC, their preamble and annexes represent the totality of the agreements of the parties. They supersede and cancel any prior written or verbal agreement of any kind whatsoever, and in particular all letters, proposals, offers and documents changed prior to the signing of this contract.

15.4 Refresh

The Seller informs the Customer that these GTC, their preamble and their annexes may be updated and amended at any time, unilaterally and without any prior notice being required.

The Seller reserves the right to freely choose which content it wishes to modify, as well as how it modifies it.

It is specified that the applicable and most recent GTC are always those available on the website, in a printable format. Consequently, earlier versions are not archived on the website.

Last date of GTC update: 01/10/2020

15.5 Acceptance of GTC and Evidence

For all orders, and before payment, a check box allows the Customer to declare having read and accept the Terms and Conditions. The Customer accepts that proof of acceptance of the GTC is limited to acceptance of this box and that this data, recorded on the Seller’s computer servers, constitutes irrebuttable proof of its acceptance of the GTC.

The Customer also accepts that the computer records and data stored on the servers of the Seller or of third parties providing this service in a secure manner constitute evidence of all transactions between the Customer and the Seller and of their characteristics, in particular with regard to the choice of Products, deadlines, rates applied and any other details, unless proven otherwise.


ARTICLE 16 — LEGAL NOTICE AND TEXTS REGARDING CONSUMER RIGHTS.

Article L. 211-4. of the Consumer Code

The seller is obliged to deliver goods in conformity with the contract and is liable for defects of conformity existing at the time of delivery. He shall also be liable for defects in conformity resulting from the packaging, assembly instructions or installation when the latter was charged by the contract or was carried out under his responsibility.

 

Article L. 211-5. From the Consumer Code

– In order to comply with the contract, the product must:

1° Be suitable for the usual intended use of a similar good and, where applicable:

– correspond to the description given by the seller and possess the qualities that the seller has presented to the Customer in the form of a sample or model;

– present the qualities that a Customer can legitimately expect in view of public statements made by the seller, the producer or his representative, in particular in advertising or labelling;

2° Or have the characteristics defined by mutual agreement by the parties or be suitable for any special purpose sought by the Customer, brought to the knowledge of the seller and accepted by the latter.

 

Article L. 211-12. From the Consumer Code

The action resulting from the lack of conformity shall be prescribed within two years from the date of delivery of the goods.

 

Article 1641 of the Civil Code

The seller is liable for the hidden defects of the thing sold which render it unfit for the purpose for which it is intended, or which diminish this use so much that the Customer would not have acquired it, or would have given only a lower price, had he known them.

Article 1648, paragraph 1, of the Civil Code

The action resulting from the redhibitory defects must be brought by the purchaser within two years of the discovery of the defect


Annex 1 — Data Processing Charter (Privacy Policy)

Preamble

The company KEPLING DIGITAL GROUP is concerned with the protection of your privacy and intends to ensure the protection of the personal data entrusted to us.

Indeed, in order to ensure the functioning of the website, the Seller is required to collect a certain number of personal data.

The purpose of this charter is to define the framework and mechanisms for collecting the personal data of Customers, as well as the rights and remedies available to them.

This Charter complements the General Conditions of Sale of which it forms an inseparable part. Therefore, all the definitions described in the preamble of the GTC will apply, as well as the provisions contained therein which are not recalled or mentioned.

By creating their user account on the website and, a fortiori , by purchasing a Product marketed by the Seller, the Customer acknowledges that they have read this charter and has accepted its terms and conditions.

The Seller declares to treat the collected data securely and in accordance with the law of 21 June 2014 for confidence in the Digital Economy, the French Data Protection Act of 6 August 2004 and in compliance with the other applicable French and Community texts and in particular the General Regulation on Data Protection n°2016-679 (GDPR – European Regulation of April 27, 2016).

ARTICLE 17 — FRAMEWORK AND OBJECTIVES OF THE DATA COLLECTION

17.1 The Seller informs its customers that by placing an order on the website, the collected data will be recorded for:

  1. Process orders, track and history;
  2. To inform them of the latest news and promotions of the Seller by sending emails “Newsletter” or SMS in the event that the Customer has expressly agreed to it.
  3. Carry out statistics allowing the Seller to better understand the use of their website and improve the Customer experience. Data collected for statistical purposes shall be anonymized;
  4. Compliance with legal and regulatory obligations where appropriate;
  5. Allow the seller to defend in the event of a possible dispute.

17.2 The Data Controller is the Seller, as indicated in the preamble of the General Conditions.

ARTICLE 18 — NATURE OF THE DATA

When the Customer creates their account, they are asked to indicate their name, first name, delivery address, email address, telephone number in order to be contacted by the carrier and, if applicable, their billing address.

At the time of ordering, the Customer will also be asked to fill in their credit card information if they chooses it as a means of payment.

The Seller assures that these data are absolutely necessary for the execution of the contract of sale and for the delivery of the purchased Product.

ARTICLE 19 — Disclosure of data to third parties

19.1 The Customer is informed that the data collected necessary for delivery, including their surname, first name, email address, delivery address and telephone number, will be transmitted to the delivery provider chosen by the Seller for the purpose of conveying the Product(s) purchased by the Customer.

19.2 The Seller informs that the payment service is provided by third party banking and financial companies, which ensure the security and encryption of bank data transmitted to them through serious and useful protocols.

Bank data are not intended to be stored once the payment has been registered, except to provide proof of payment or, where appropriate, of its failure, but always in a form that does not permit their reuse.

19.3 The service providers mentioned in this article are French service providers and/or located in the European zone or outside the European Union but having security requirements at least equal to those required by the GDPR. They act as subcontractor, within the meaning of the GDPR, and the data are transmitted to them only for the purpose of ensuring the execution of the sales contract between the Seller and the Customer. Therefore, the data is not transmitted to them for any other purpose, the service providers act only on the order of the Seller and do not have regular access to its database.

The Seller ensures that the data is transmitted through secure protocols. It also guarantees the integrity of the transmitted data.

ARTICLE 20 — DATA PRESERVATION

20.1 Personal data collected on the website are kept for the duration necessary for the contract of sale, but also for the survival of the user account on the website, allowing them to record their information for future orders.

The customer has the possibility to request the deletion of their account at any time, entailing the deletion of all their data within the limits of the exercise of the rights of defense of the Seller.

20.2 The data necessary to establish, exercise or defend the rights of Justice of the Seller are archived for a reasonable period not exceeding the duration of the intended purpose.

20.3 Data may be stored for statistical purposes. They are then made anonymous. The Seller guarantees that the data stored for statistical purposes does not contain any personal information that can directly or indirectly identify an individual.

 

ARTICLE 21 — DATA HOSTING

The Seller warrants not to process, host or transfer the data collected about its Customers to a country outside the European Union or recognized as “inadequate” by the European Commission or without a confidentiality agreement at least as protective as European law without the Customer be informed of this.

However, the Seller remains free to choose its subcontractors and the choice of its business partners, including the hosting of the website and the data collected, provided that they provide sufficient guarantees with regard to the requirements of the GDPR.

Host contact information:

Banana Cloud Company — Digital Marketing Partner
1 avenue Louison Bobet
06130 Grasse
FRANCE

si@bananacloud.fr

ARTICLE 22 — RIGHT OF ACCESS, RIGHT OF RECTIFICATION AND RIGHT OF OPPOSITION

In accordance with Articles 15 et seq. of the GDPR, the Customer has the following rights as long as the data is stored by the Seller:

  • The right of access and rectification if they are inaccurate;
  • The right to update if they are no longer accurate;
  • The right of completeness if they are incomplete;
  • The right to lock or erase personal data when they are ambiguous and/or obsolete;
  • The right to withdraw the expressed consent;
  • The right to restriction of data processing;
  • The right to object to data processing;
  • The right to data portability;

ARTICLE 23 — EXERCISE OF THE RIGHTS OF ACCESS, RECTIFICATION AND OPPOSITION

Any Customer who wishes to know how the Seller uses their personal data, who wishes to exercise one of the rights listed in Article 6 of this Charter or who wishes to obtain a list of the hosts or business partners involved in the processing of their personal data may contact the Seller:

  1. Using the contact form available on the Website.
  2. By email to contact@e-protectshop.com

The Customer must then indicate the purpose of his request and the relevant personal data, if any. Proof documents may be requested for the modification of certain data, for the purpose of combating fraud or identity theft and to protect the security of the data transmitted by the Customers.

23.2 In any event, the Customer may contact the CNIL for any question or complaint concerning the way in which his data is processed.

23.3 Requests for the deletion of personal data remain subject to and subject to the obligations imposed on the Seller, in particular with regard to the retention or archiving of documents and data.

23.4 The Customer has the possibility at any time to delete their personal account by their own means, from their client area, in the manner specified in article 4. The data will be deleted in the same way as if requested by the Seller personally.

23.5 If the Customer has given their consent to receive advertising and commercial communications from the Seller, they may, at any time, withdraw their consent either:

  1. By clicking on the “unsubscribe” link, available at the bottom of each communication made by the Seller by email;
  2. By going to the settings of its client area.

ARTICLE 24 – PERSONAL DATA SECURITY

The Seller undertakes to take all necessary precautions in order to preserve the security and confidentiality of the transmitted data.

For this purpose, the Seller uses networks protected by standard devices such as firewalls, encryption keys and uses secure nicknames and passwords, which are regularly changed to ensure the best security of its networks.

When processing personal data, the Seller takes all reasonable measures to protect them from loss, misuse, unauthorized access, disclosure, alteration or destruction.

Since no digital transmission method is completely secure, the Seller cannot guarantee an absolute level of security. If an incident affecting the integrity or confidentiality of the data is brought to the attention of the Seller, the Seller undertakes to inform the Customer and to take all necessary corrective measures as soon as possible.

ARTICLE 25 — Limitation of Liability

The Seller shall not be liable for any damage indirectly related to the use of the service and which is not caused by a failure attributable to its conduct.

The Seller has no control over the condition of the Customer’s hardware, nor its security, nor the security of the networks used by the Customer, nor the behavior of the Customer that may encourage computer intrusions into its hardware. Therefore, the Seller cannot be held liable for any damage or loss inherent in the Customer’s behaviour, its equipment or its network.

 

ARTICLE 26 — Cookies

26.1 During the consultation of the Website, information relating to navigation and facilitating the Customer’s experience may be stored in “Cookies” files, installed on the Customer’s navigation method.

Cookies may also be issued by partners of the Seller for the purpose of personalising the advertising offer enjoyed by the Customer outside the website and/or inside.

26.2 The reading and deposit of cookies which are not absolutely necessary for the functioning of the website is subject to prior consent given by the customer through the banners displayed on his screen during his first navigation and until he has expressed his choice. The Customer then has the ability to choose which cookies will be activated or not.

26.3 The Customer is informed and agrees that the electronic recording of his choices regarding cookies will be considered as proof of his consent, and that this proof will be retained for the duration necessary to exercise or establish the legal rights of the Seller.

 

© 2020 E-ProtectShop | Lueur Externe

Shopping Cart
There are no products in the cart!
Continue Shopping
0