Article 1 – LEGAL NOTICES

DEFINITION OF PARTIES

Between the Limited Liability Company (EURL in french) with a capital of 5,000 euros OBLLIK under its brand name Sismique & Sensuelle registered with the INPI, 

4 rue Saint François de Sales - 74000 Annecy - France

to the Share Capital of 5000€,

registered with the Annecy Trade and Companies Register,,

under the SIRET number 979292562, represented by Laure Gesler as Manager,

duly authorised for the purposes hereof, and can be reached by email at the following address : contact@sismiqueetsensuelle.com and/or by telephone at +33 (0)7 45 20 74 70

hereinafter referred to as the "Seller", "Operator" or the "Company" on the one hand, and the natural or legal person making the purchase of the Company's Product(s) or Service(s), hereinafter referred to as the "Buyer", or "the Client" moreover.

 

Object

These General Terms and Conditions of Sale (GTCS) determine the conditions, rights and obligations of the parties under which OBLLIK agrees to provide the Product(s) and/or Service(s) offered on the Site by the Seller. 

 

These general terms and conditions of sale (hereinafter referred to as the GTCS) govern access to and use of the Site.

 

The Company carries out an online retail activity of Product(s) and/or Service(s) through the Site, which presents the said Product(s) and/or Service(s) in a digital catalog to potential Customers.

 

The Website is published and operated by the Limited Liability Company with a capital of 5,000 euros OBLLIK, which holds full ownership of the Site.

 

These general terms and conditions of sale apply, without restriction or reservation, to all orders, sales and related services, of the Product(s) and/or Service(s) offered by the Company on the Site.

 

DEFINITIONS

The following terms shall have the following definitions between a limited liability company with a capital of 5,000 euros OBLLIK under its brand name Sismique & Sensuelle and the User of the Site :

 

GTU: refers to the general terms and conditions of use governing the respective obligations and rights of the Users, i.e. the visitors to the site and to EURL Obllik under its Sismique & Sensuelle brand in the context of access to and use of the Site. The GTU allow Internet users to read the terms and conditions of use of the Site;

 

GTCS: refers to the general terms and conditions of sale. These General Terms and Conditions of Sale determine the conditions, rights and obligations of the parties in the context of the online sale of Product(s) and Service(s) offered on the Site by the Seller;

 

Product(s) and Service(s): refers to any work and/or object and/or service, single or multiple, presented or offered for sale on the Site;

 

Operator, Seller or Company: refers to the Limited Liability Company with a capital of 5,000 euros OBLLIK - EURL also known as SARL with a single shareholder, registered in the Trade Register under the number SIRET 979292562, xxand whose registered office is located at 4 rue Saint François de Sales - 74000 Annecy - France;

 

Site: means the website accessible at the https://www.sismiqueetsensuelle.com/ address and any site that is linked to this domain name;

 

User, Customer or Buyer: refers to any person who has access to and/or uses the Site and the Services offered therein.

 

INTERNET WEBSITE

This Site, accessible at URL https://www.sismiqueetsensuelle.com/, is published by the operator: Limited liability company with a capital of 5,000 euros OBLLIK.

 

The Site is hosted by SAS OVH - 2 rue kellermann BP 80157 59053 ROUBAIX CEDEX 1 - France

 

The Director of Publication can be reached at the following telephone number +33 (0)7 45 20 74 70  and at the following email address contact@sismiqueetsensuelle.com

 

WEBSITE ACCESS

Access, consultation and use of the Site are strictly reserved for persons aged 18 and over.

 

The User who accesses the website certifies https://www.sismiqueetsensuelle.com/ to be of legal age (in his country of birth and and in his/her country of residence and according to French legislation) at the time of access. The Publisher cannot be held responsible for a false declaration by the User when accessing the Site.

 

Access to the site is strictly forbidden to minors (in their country of birth and in their country of residence and according to French law), even if accompanied by an adult.

 

OBLLIK may refuse access to the Site to any person who does not comply with these conditions.

 

GTCS ACCEPTANCE

Before any use of the Site or purchase of Products and Services on the Site, you acknowledge that you have read these GTU and GTCS and you accept them without restriction or reservation.

 

You declare that you are legally capable of entering into a contract.

 

These GTU also apply to any variation or extension of the Site on existing or future social or community networks, or applications.

 

We advise you to download and/or print them so that you can keep them and refer to them in the future.

 

The General Terms and Conditions applicable to the Client are those available on the date of the order, a copy of which dated to date may be given to the Client at his request, it is therefore specified that any modification of the General Terms and Conditions that would be made by the Operator will not apply to any order made previously, unless expressly agreed to by the Client at the origin of a given order.

 

More generally, the Company cannot be held liable for :

  • Interruptions or delays recorded on the Site due to the execution of maintenance work, technical breakdowns, a case of force majeure, by third parties or any circumstances whatsoever, beyond its control;
  • The impossibility of temporarily accessing the Site, due to facts beyond its control, such as interruptions of the Internet network or failure of the Client's reception equipment on the Internet network.

The Client remains responsible for the terms and consequences of his/her access to the Site, in particular via the Internet. This access may involve the payment of fees to technical service providers such as Internet service providers, which remain at its expense. In addition, the Client must provide and be fully responsible for the equipment necessary in order to connect to the Site.

 

The Client acknowledges that it has verified that the computer configuration it uses is secure and in working order.

 

The Operator cannot be held responsible for an order problem related to the malfunction of the Client's computer configuration.

Article 2 – GENERAL PROVISIONS RELATING TO THESE GENERAL TERMS AND CONDITIONS

The General Terms and Conditions of Sale or GTU are applicable exclusively to the online sale of the Product(s) and/or Service(s) offered by the operator on the Website and are an integral part of the Contract between the Buyer and the Seller.

 

The GTCS are made available to customers on the Site where they can be consulted directly and can also be communicated to them on request by any means.

 

The Company also ensures that their acceptance is clear and unqualified and unrestricted at the time of purchase. The GTUS are enforceable against the customer who acknowledges, by ticking a box or by clicking on the button provided for this purpose, that he has read them and accepted them before placing an order.

 

The validation of the order by its confirmation constitutes acceptance by the buyer of the GTCS in force on the day of the order, the conservation and reproduction of which are ensured by the Operator.

 

The GTCS applicable in this case are those in force on the date of payment (or of the first payment in the case of multiple payments) of the order.

 

The Client acknowledges that he has benefited from the necessary advice and information in order to ensure that the offer is appropriate to his needs. The Client declares that he/she is able to legally enter into a contract under French law or validly represents the natural or legal person for whom he/she is committed. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.

Article 3 – DESCRIPTION OF PRODUCTS AND SERVICES

The Site is an online sales site for artistic works, other goods and services (hereinafter the Product(s) and/or Service(s)) open to any natural person of legal age or legal entity using the Site (the Client).

 

The Products and/or Services presented on the Site are each the subject of a description (drawn up by the Operator) mentioning their essential characteristics. Photographs illustrating, if any, the Products and/or Services do not constitute a contractual document. The instructions for use of the Product(s) and/or Service(s), if applicable, appear on the Site or are sent at the latest upon delivery. The Products and/or Services comply with the requirements of French law in force.

 

The Company may at any time add new Product(s) and/or Service(s), delete all or part of the Product(s) and/or Service(s) sold or presented on the Site's digital catalog, change their presentation or cease their marketing on its Site, without prejudice to the orders placed by the Client, and this, without being obliged to notify the Client in advance.

Article 4 – CREATION OF THE CUSTOMER AREA

To place an order on the Site, the Customer has the option of creating his or her personal customer area.

 

In the event of the creation of a personal customer area :

 

Once created, in order to access it, the Client must identify himself using his username and secret password, personal and confidential. It is the Client's responsibility not to communicate his/her username and password in accordance with the provisions of the PERSONAL DATA article of these General Terms and Conditions. Each Client undertakes to maintain strict confidentiality regarding the data, in particular the username and password, allowing them to access their customer area, the Client acknowledging that they are solely responsible for accessing the Service through their username and password, unless proven fraud.

 

Each Client also undertakes to inform the Operator without delay in the event of loss, misappropriation or fraudulent use of his or her username and/or password; They will be held liable until they receive this information.

 

After the creation of their personal customer area, the Customer will receive an email confirming the creation of their customer area.

 

At the time of registration, the Client undertakes to :

  • To provide true, accurate and up-to-date information at the time of its entry into the service's registration form, and in particular not to use false names or addresses, or names or addresses without being authorized to do so.
  • Maintain up-to-date registration data to ensure that it is true, accurate and up-to-date at all times.
  • Make sure that your personal data is all up to date before placing an order

 

The Client also undertakes not to make available or distribute information that is unlawful or objectionable (such as defamatory or identity theft) or harmful (such as viruses). Otherwise, the Operator will be able to suspend or terminate the Client's access to the Site at its sole expense.

Article 5 – ORDERS

When placing an order, the Customer must select the Product(s) and/or Service(s) chosen, add them to their shopping cart by indicating, for each category selected, the desired quantities. The Customer has the possibility to check the details of his order and its total price, and to return to the previous pages to possibly correct the contents of his basket, before validating it.

 

The Client undertakes to read the General Terms and Conditions of Sale in force at the time before accepting them and confirming the terms and conditions and any costs of delivery and withdrawal prior to payment of his order. Confirmation of the order implies acceptance of the GTCS and forms the contract.

 

The contractual information relating to the order (including in particular the order number) will be confirmed by e-mail in good time and at the latest at the time of delivery. The Operator strongly advises the Client to print and/or archive this order confirmation on a reliable and durable medium as proof. A digital invoice is sent by email to the Client after validation of the payment and at the latest at the time of delivery. The Operator also advises the Client to print and/or archive this invoice on a reliable and durable medium as proof.

 

Any email sent to the Customer in the context of an order will be sent to the email address that the Customer provided when validating their order (or to the email address that the Customer uses to identify themselves in their customer area).

 

The Operator reserves the right not to validate the Client's order for any legitimate reason, in particular in the event that :

 

  • The Client does not comply with the General Terms and Conditions in force at the time of the order;
  • The Client's order history shows that sums remain due in respect of previous orders;
  • One of the Client's previous orders is the subject of a dispute that is currently being processed;
  • The Client has not responded to a request for confirmation of his order sent to him by the Operator.

The Operator archives contracts for the sale of Product(s) and/or Service(s) in accordance with applicable legislation. By making a request to the following address contact@sismiqueetsensuelle.com, the Operator will provide the Client with a copy of the contract that is the subject of the request.

 

The Client's orders are firm and final.

 

Any modification of an order by the Client after confirmation of his order is subject to the rules on the right of withdrawal see (Article 11) or to the agreement of the Operator.

 

The information provided by the Client when placing the order (in particular name and delivery address) is binding on the Client. Thus, the Operator cannot be held liable in any way in the event that an error during the placing of the order prevents or delays the delivery/delivery.

 

The Client declares that he/she has the full legal capacity to enter into these Terms and Conditions.

 

Registration is open to capable adults and prohibited to minors, even if they are under the supervision of the parent or guardian with parental authority or any other adult. Under no circumstances is registration permitted on behalf of third parties unless they are validly authorised to represent them (e.g. legal entity). Registration is strictly personal to each Client.

 

Access to the site, registration in the customer area or any order are strictly forbidden to minors, even if accompanied by an adult.

 

In the event of a breach by the Client of any of the provisions hereof, the Operator reserves the right to terminate the account of the said Client without notice.

Article 6 – PAYMENT METHODS AND SECURITY

The Client expressly acknowledges that any order placed on the Site is an order with an obligation to pay, which requires the payment of a price in exchange for the supply of the Product(s) and/or Service(s) ordered.

In any case, the Operator reserves the right to check the validity of the payment, before the order is shipped, by all necessary means.

 

The Operator uses the online payment solution by PayPal, bank transfer, Viva Wallet or Huch.

 

Orders can be paid for using one of the following payment methods :

  • Payment by PayPal e-wallet. The Client already has an account on the e-wallet used by the Operator. The Customer can use this account and pay for their order securely without disclosing their bank details.
  • Secure payment by connecting to your banking portal with Huch
  • Payment by bank transfer. The Customer can pay for his order by bank transfer. When ordering, the Operator will provide the details of the account to which the transfer is made, as well as the order reference to be indicated in the transfer order. Orders are processed within a maximum of 48 hours (weekends, public holidays and holidays of the Exhibitor or the artist-author of the acquired work announced on the site https://www.sismiqueetsensuelle.com/ excluded) following receipt of the transfer.

 

If applicable, the order validated by the Client will only be considered effective when the secure bank payment centre has given its approval to the transaction.

 

As part of the control procedures, the Operator may have to ask the Client for all the documents necessary to finalize his order. These coins will not be used for any purpose other than these.

Article 7 – PAYMENT OF THE PRICE

The price of the Product(s) and/or Service(s) in force at the time of the order is indicated in euros (€) only.

 

Delivery and transport costs are included as long as the delivery address is located in the European Union.

 

If additional delivery or transport costs apply, in particular if the delivery address is located outside the European Union, they will be added to the price of the Product(s) and/or Service(s) and indicated separately before the validation of the order by the Customer.

 

The total amount due by the Customer and its details are indicated on the order confirmation page.

 

The prices offered include the discounts and rebates that the Operator may grant during the period of advertising for the promotion or the period of validity of a discount voucher.

 

The price is due in full after confirmation of the order.

 

Indirect taxes, such as VAT, if applicable, will be added according to the tax rules in force in the issuing and receiving country.

 

The invoice will be issued by EURL OBLLIK.

 

Direct debits will be made in the name of EURL OBLLIK without mentioning the brand name Sismique & Sensuelle.

Article 8 – CONTRACT’s CONSTITUTION

The contract between the Operator and the Client is formed at the time the Client sends the confirmation of his order.

 

The Customer's attention is particularly drawn to the method of acceptance of the order placed on the Site. When the Customer places his order, he must confirm it by the "click"technique, i.e. after selecting the Product(s) and/or Service(s) added to the basket, the Customer must check and possibly correct the contents of his basket (identification, quantity of Product(s) and/or Service(s) selected, price, terms and delivery costs) before validating it by clicking on "validate the order", then he acknowledges acceptance of these GTCS before clicking on the "order" button, finally he validates his order after having made the payment. The "click" is equivalent to an electronic signature and is equivalent to a handwritten signature. It constitutes an irrevocable and unreserved acceptance of the order by the Client.

 

The Operator shall archive communications, purchase orders and invoices on a reliable and durable medium in such a way as to constitute a faithful and durable copy. Such communications, purchase orders and invoices may be produced as proof of the contract. Unless proven otherwise, the data recorded by the Operator on the Internet or by telephone constitutes proof of all transactions between the Operator and its Customers.

Article 9 – RETENTION OF TITLE

The Operator remains the exclusive owner of the Product(s) and/or service(s) ordered on the Site until the full price has been paid, including any shipping costs.

 

The entire Site, its structure and content (texts, tables, graphics, images, photographs, videos, sounds, databases, applications and software), are protected by copyright and intellectual property rights of OBLLIK or its suppliers and service providers.

 

The terms of intellectual property are defined in Article 13 of these GTCS.

Article 10 – SHIPPING & DELIVERY

The online sales offers presented on the site are reserved for consumers residing in France or, where applicable, in a member country of the European Union, and for deliveries in these same geographical areas.

 

For shipments outside the European Union, the Customer should contact the Operator by email : contact@sismiqueetsensuelle.com, by telephone at +33(0)7 45 20 74 70 or by post to agree on the method, amount and payment of these costs before the order is placed. avant la commande.

 

Delivery means the transfer to Customer of physical possession or control of the Product and/or Service. Delivery is made by a carrier. It takes effect at the time of collection of the Products by the carrier. The risks associated with transport therefore bear the Client.

 

The Operator offers you different delivery or delivery methods depending on the origin of the product: indeed, depending on the country of origin of the product, a service provider from the countries of origin will take care of the delivery and the destination.

 

 Shipping costs, if applicable, are those specified when finalizing the order and are accepted by the validation of the order.

 

The Operator undertakes, in accordance with the delivery deadline indicated on the Site for each of the Products, to deliver the Products within a period of between 1 and 4 weeks according to the information indicated on the Product sheet.

 

 Delivery times are announced in working days (excluding holidays for the Operator and the Artist) on the Site at the time of ordering. These times include the preparation and dispatch of the order and exclude the shipping delays by the carrier.

 

 The Operator undertakes to ship the Product(s) and/or Service(s) in accordance with the deadlines announced on each Product sheet and at the basket level, provided that payment for the order has not been previously refused.

 

However, if one or more Product(s) and/or Service(s) cannot be delivered within the initially announced deadline, the Operator will send an email to the Client indicating the new shipping date.

 

The Product(s) and/or Service(s) will be delivered to the address indicated by the Client when placing the order. It is therefore up to him to check that this address does not contain any errors. The Operator cannot be held liable if the address provided by the Client is incorrect, thus preventing or delaying delivery.

 

 Upon delivery, you may be asked to sign a receipt note.

 

 No deliveries will be made to a PO Box.

 

Upon delivery, it is the Customer's responsibility to check that the Products delivered are in accordance with their order and that the package is sealed and undamaged. If this is not the case, the Client must indicate this on the delivery note. No claim on the quantity or condition of the Product will be accepted if the claim has not been made on the delivery note. To find out the step-by-step procedure in case of damaged packages, you can refer to the FAQs: My package is damaged, what should I do?

Article 11 – RIGHT OF WITHDRAWAL

The withdrawal period of a personalised good and/or service should be dissociated from other goods and/or services classified as non-personalised.

 

The purchaser of a non-personalised good and/or service has a period of 14 days from the date of delivery by the carrier of his choice to withdraw from his purchase from Obllik under its Sismique & Sensuelle brand.

 

The purchaser may express his right of withdrawal by means of any unambiguous statement setting out his decision to withdraw by e-mail to the address contact@sismiqueetsensuelle.com or by registered mail to the postal address of Obllik under its brand Sismique & Sensuelle (Obllik - Sismique & Sensuelle - 4 rue Saint François de Sales - 74000 Annecy - France), the date of dispatch being proof.

 

Within 15 days of the recovery of the Work in its original condition, Obllik under its Segique & Sensuelle brand will reimburse the price using the same means of payment as that used by the buyer for the initial transaction, unless the buyer provides another means of reimbursement at no additional cost to be paid by Obllik under its Sismique & Sensuelle brand. The costs of delivery and return are the responsibility of the buyer,they will not be refunded.

 

The refund will only take place if the buyer returns the Work to Obllik under its Sismic & Sensual brand within 14 days of the notification of his wish to withdraw from his purchase. The return is at the expense and risk of the purchaser.

 

No refund will be made if the Work is not returned in its original condition, in particular if the Work is damaged by transport or by the purchaser, or if the Work is soiled (stains, fingerprints, etc.) or altered in any way.

 

For any personalized order, the Customer does not have a right of withdrawal. Indeed, in accordance with Article L.221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for contracts for products made according to the consumer's specifications or clearly personalized. The exceptions set out in Article L.221-28 of the French Consumer Code apply and prevent the exercise of the right of withdrawal, in particular if the order consists of a contract :

 

  • Supply of goods made according to the consumer's specifications or clearly personalized;
  • Insofar as the customer has become aware of an interim draft that allows him to judge whether the ordered and custom-made product is compliant, the right of withdrawal does not apply.

By accepting these General Terms and Conditions of Sale, the Client expressly acknowledges having been informed of the terms and conditions of withdrawal.

Article 12 – CUSTOMER SERVICE & AFTER-SALES

The Client may contact the Operator :

  • On the following number +33 (0)7 45 20 74 70 on the following opening days and hours from Monday to Friday from 10 a.m. to 5 p.m. (excluding holidays announced on the home page of the Site).
  • By e-mail to contact@sismiqueetsensuelle.com indicating their name, telephone number, the subject of their request and the number of the order concerned.
Article 13 – INTELLECTUAL PROPERTY AND LICENSE TO USE THE SITE

The Operator is the sole owner of all the elements present on the Site, in particular and without limitation, all texts, files, animated or non-animated images, photographs, videos, logos, drawings, models, software, trademarks, visual identity, database, structure of the Site and all other intellectual property elements and other data or information (hereinafter, the "Elements") which are protected by French and international laws and regulations relating in particular to intellectual property.

 

Consequently, none of the Elements of the Site may be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented or exploited in any other way, free of charge or for a fee, by a Client or by a third party, regardless of the means and/or media used, whether known or unknown to date, without the express prior written consent of the Operator on a case-by-case basis, and the Client is solely responsible for any unauthorised use and/or exploitation.

 

The use of the original work resulting from the commission can only be strictly personal. Any reproduction and/or representation outside of a strictly personal context is prohibited, except with the express prior authorization of the Artist who created the work and Obllik. and d’Obllik.

 

Any person who contravenes this prohibition incurs criminal and civil liability and may be prosecuted on the basis of infringement

Article 14 – LIABILITY AND WARRANTY

The Operator shall not be held liable for the non-performance of the contract by the Client or due to an event qualified as force majeure by the competent courts or for the unforeseeable and insurmountable act of any third party herein.

 

The Client acknowledges that the characteristics and constraints of the Internet do not guarantee the security, availability and integrity of data transmissions over the Internet. Thus, the Operator does not guarantee that the Site and its services will operate without interruption or operating error. In particular, their operation may be temporarily interrupted due to maintenance, updates or technical improvements, or to change the content of the operation and/or the presentation.

 

The Operator cannot be held liable for the use that may be made of the Site and its services by Customers in violation of these General Terms and Conditions and for any direct or indirect damage that such use may cause to a Customer or a third party. In particular, the Operator cannot be held liable for false statements made by a Client and for his behaviour towards third parties. In the event that the Operator is held liable for such conduct by one of its Customers, the latter undertakes to indemnify the Operator against any conviction pronounced against it as well as to reimburse the Operator for all costs, including lawyers' fees, incurred for its defence.

 

Regardless of any additional contractual warranty (commercial warranty) that may be granted, the Product(s) and/or Service(s) benefit from the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the Consumer Code (in particular L. 217-4 to L. 217-14 of the Consumer Code), and the warranty against hidden defects provided for in Articles 1641 to 1649 of the Civil Code.

 

Reproduction of Articles L. 217-4, L. 217-5, L. 217-7, L. 217-9 and L. 217-12 of the Consumer Code, Articles 1641, 1644 and the first paragraph of Article 1648 of the Civil Code, as in force on the date of these General Terms and Conditions of Sale :

 

Art. L.217-4 of the Consumer Code :

 

« The seller delivers goods in accordance with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. »

 

Art. L.217-5 of the Consumer Code :

 

« The property complies with the contract :

 

1° If it is suitable for the use usually expected of similar property and, if applicable :

 

  • Whether it corresponds to the description given by the seller and has the qualities which the seller has presented to the buyer in the form of a sample or model;
  • If it has the qualities that a buyer can legitimately expect in the light of public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling;

 

2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. »

 

It is reminded that the search for amicable solutions prior to a possible legal action does not interrupt the time limits for action of legal guarantees or the duration of any possible contractual guarantee.

Article 15 – COMPLAINT - CONSUMER MEDIATOR

Complaint

 

For any complaint, we recommend that you contact OBLLIK as a matter of priority at the following address :

4 rue Saint-François de Sales - 74000 Annecy - France  

email : laure@lhotelparticulier.com  

phone : +33 (0)7 45 20 74 70

 

Thank you for providing us with the following:

  • your name, first name and address
  • your order number
  • the date of your order
  • the delivery date of your order
  • the reason for your dissatisfaction
  • photographs of the packaging and if possible of the work showing all damaged areas
  • details of the claim made to the carrier
  • your telephone number and email

 

Consumer Mediator

OBLLIK adhère au service de médiation de la Fédération du e-commerce et de la vente à distance (FEVAD) : 60 Rue La Boétie, 75008 Paris – contact@fevad.com – http://www.mediateurfevad.fr

 

Pour tout litige ou différend non résolu après une première réclamation amiable, vous avez la possibilité de recourir à la procédure de médiation de la consommation de la FEVAD.

 

Les informations sur les modalités de saisine sont disponibles à l’adresse suivante : https://www.mediateurfevad.fr/index.php/espace-consommateur/

 

La solution proposée par le médiateur ne s’impose pas aux parties, qui restent libres à tout moment de sortir du processus de médiation.

 

The European Commission has set up an online dispute resolution platform accessible at this address : https://ec.europa.eu/consumers/odr/

This contract is exclusively subject to French law. In the event of a dispute, the French courts will have sole jurisdiction.

Article 16 – GDPR AND PROTECTION OF PERSONAL DATA

For more information on the use of personal data by the Operator, please read the Privacy Policy (protection of personal data) carefully. You can consult this Policy at any time on the Site.

 

As part of its activities, OBLLIK undertakes to process the personal data of the users of its services in a manner that respects their privacy and complies with the French and European legislation in force.

 

Who is the data controller ?

 

The data controller is :

OBLLIK, a limited liability company, registered in the Annecy Trade and Companies Register under number 979292562 xx, , whose registered office is located at 4 rue Saint-François de Sales - 74000 Annecy - France

 

What data do you collect ?

 

OBLLIK collects information that you agree to provide through forms on the Site, when you create your personal account, or place an order or purchase a Subscription. The mandatory nature of the data is indicated at the time of collection by an asterisk.

 

OBLLIK also collects data relating to the follow-up of the commercial relationship, in particular your purchase and Subscription history and requests and correspondence addressed to customer service.

 

Your connection and browsing data are collected automatically when you use the Site, including your IP address, your pages viewed, preferences and technical data about your digital environment.

 

Why is your data collected?

 

Your data is processed on the legal basis for the conclusion and performance of your contract :

  • To manage and track your order or subscription ;
  • For invoicing and collecting payments;
  • For the management of complaints and after-sales follow-up;
  • To create and manage your personal account.

Your data is processed on the legal basis of OBLLIK's legal obligations :

  • To comply with its accounting and tax obligations.

Your data is processed on the legal basis of OBLLIK's legitimate interest :

  • To manage and improve the performance and functionality of the Site;
  • For statistical analysis and activity of the Site;
  • For quality studies and sales statistics of the Products and Services offered;
  • To combat fraud and improve the security of the Site.

Your data is processed on the legal basis of your consent :

  • To carry out commercial prospecting actions, by post or electronically, and advertising profiling for the benefit of OBLLIK.



How long is your data stored ?

 

Your data is kept for the duration of the contractual relationship between you and OBLLIK.

 

The data required for invoicing, accounting and tax obligations are archived for 10 years.

 

Data relating to commercial prospecting actions are kept for 3 years from your last activity on the Site.

 

To whom your data is passed on ?

 

Your data may be transmitted to OBLLIK employees, as well as to subcontractors called upon to intervene for the proper functioning of the Site: IT service providers (hosting, maintenance, security, etc.), payment service providers, technical and logistical subcontractors, statistical analysis and communication consultants.

 

Your data may be transferred to countries outside the European Union. In this case, OBLLIK will have to guarantee that these data are subject to protection substantially equivalent to that guaranteed in the European Union, either by virtue of an adequacy decision issued by the European Commission or by the implementation of all appropriate measures, in particular by the use of the European Commission's standard contractual clauses. You can request more information about these appropriate safeguards by using the contact details below.

 

What are your rights?

 

You can access the data concerning you, rectify it, request its deletion or exercise your right to restrict the processing of your data.

 

You may also object to the processing of your data, for reasons relating to your particular situation, except in the case of commercial prospecting, to which you may object without cause.

 

You may withdraw your consent at any time, without prejudice to the lawfulness of processing based on consent carried out before its withdrawal.

 

You have the right to the portability of your data.

 

You can issue instructions regarding the retention, deletion or disclosure of your personal data after your death.

 

Finally, you can lodge a complaint with the CNIL, on its website (www.cnil.fr) or by post (CNIL - Service des Plaintes - 3 Place de Fontenoy - TSA 80715 - 75334 PARIS CEDEX 07).

 

To exercise your rights, please send your request to the following address :

EURL OBLLIK - 4 rue Saint François de Sales - 74000 Annecy - France or by email laure@lhotelparticulier.com

Article 17 – HYPERTEXT LINKS

The hypertext links available on the Site may refer to third-party sites not published by the Operator. They are provided solely for the convenience of the Client, in order to facilitate the use of the resources available on the Internet. If the Client uses these links, the Client will leave the Site and agree to use the third-party sites at its own risk or, as the case may be, in accordance with the terms and conditions that govern them.

 

The Client acknowledges that the Operator does not control or contribute in any way to the development of the terms of use and/or content applicable to or appearing on such third-party sites.

 

 Consequently, the Operator cannot be held liable in any way whatsoever as a result of these hypertext links.

 

In addition, the Client acknowledges that the Operator cannot endorse, guarantee or endorse all or part of the terms of use and/or content of these third-party sites.

 

The Site may also contain promotional hypertext links and/or advertising banners referring to third-party sites not published by the Operator. The Operator invites the Client to inform it of any hypertext link on the Site that would allow access to a third-party site offering controversial content.

 

The Client or any other third party may not use and/or insert a hypertext link pointing to the Site without the prior written consent of the Operator on a case-by-case basis.

Article 18 – GENERAL PROVISIONS

FULL AGREEMENT OF THE PARTIES

 

These General Terms and Conditions constitute a contract governing the relationship between the Client and the Operator. They constitute all the rights and obligations of the Company and the Operator relating to their purpose. If one or more stipulations of these General Terms and Conditions are declared null and void pursuant to a law, regulation or following a final decision of a competent court, the other stipulations shall retain their full force and scope.

 

In addition, the fact that one of the parties to these General Terms and Conditions does not rely on a breach by the other party of any of the provisions of these General Terms and Conditions shall not be interpreted as a waiver on its part to avail itself in the future of such a breach.

 

CHANGES TO THE TERMS AND CONDITIONS

 

The Operator reserves the right to modify the content of the Site or the services available therein at any time and without prior notice, and/or to temporarily or permanently cease to operate all or part of the Site.

 

In addition, the Operator reserves the right to modify the location of the Website on the Internet at any time and without prior notice, as well as these General Terms and Conditions. The Client is therefore required to refer to these General Terms and Conditions before any use of the Site.

 

The Client acknowledges that the Operator shall not be liable in any way whatsoever to the Client or any third party as a result of such modifications, suspensions or terminations.

 

The Operator advises the Client to save and/or print these General Terms and Conditions for safe and long-term storage, and thus be able to invoke them at any time during the performance of the contract if necessary.

 

APPLICABLE LAW

 

These Terms and Conditions shall be governed, interpreted and enforced in accordance with French law.