TERMS AND CONDITIONS
Article 1: Subject matter of the contract
The present General Conditions of Use (hereinafter referred to as “GTU”, “GCU” or “General Conditions”) provide a legal framework for the use of the services of the MAISON DUMAS website, https://www.maisondumas.fr/ (hereinafter referred to as the "Website").
Constituting the contract between Maison Moderne SARL and the User, access to the Website must be preceded by acceptance of these GCU. Access to this platform implies acceptance of these GCU.
Article 2 : Definitions
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Account: refers to the private space on the Website to which the User has personal and reserved access, enabling them to consult and modify their information and access their Favorites.
Recipient(s): the natural or legal person, public authority, department, or any other body that receives communication of Personal Data, whether it is a third party.
Personal data / Personal information / Data: any information relating to an identified or identifiable natural person. An "identifiable natural person" is one who can be identified, directly or indirectly, in particular by reference to a factor, such as a name, an identification number, location data, an online identifier, or to one or more factors specific to their physical, physiological, genetic, mental, economic, cultural, or social identity.
Favorites: list of Products that the User can add to their Favorites selection, accessible after creating an Account.
Product(s): products displayed on the Website for illustrative purposes only.
Regulations: all the regulations in force applicable to the Processing of Personal Data and in particular the General Data Protection Regulation (RGPD), which came into force on May 25, 2018, and introduces new concepts compared with the law "relating to data processing, files and freedoms" of January 6, 1978, as amended (known as the Data Processing and Freedoms Law) and modifies the obligations of the players involved in the Processing of Personal Data.
Data Processor: The natural or legal person, public authority, department, or other body which, alone or jointly with others, determines the purposes and means of the Processing.
Subcontractor: The natural or legal person, public authority, department, or other body that processes Personal Data on behalf of the Data Processor.
Processing: Any operation or set of operations, whether carried out using automated processes and applied to Personal Data or sets of Personal Data, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, communication by transmission, dissemination or otherwise making available, alignment or combination, limitation, erasure, or destruction.
User(s): any natural person of legal age, or any legal entity, using the Services offered on the Site, who may be either an individual or a professional, it being specified that any stipulation of the General Terms and Conditions which is not enforceable against individuals by virtue of the regulations in force shall apply only to professionals.
Article 3: Legal notice
The Website is edited by MAISON MODERNE, a limited liability company (SARL) with capital of €50,000.00 - R.C.S. Paris N°899 599 195, located at: 20 rue Cambon, 75001, Paris (hereinafter the "Company").
The Website is hosted by NAMECHEAP INC, located at 4600 East Washington Street, Suite 305, Phoenix, AZ 85034, in the United States of America.
Article 4: Access to the Site
The Personal Data collected is that which you communicate directly to us by means of the contact form available on the Website ("contact request" form) or by e-mail sent directly to our e-mail address.
The Personal Data you communicate directly to us is collected in the following cases:
When you wish to bring a piece of information to our attention or request information:
Name, last name.
Phone number.
E-mail.
When you sign up to receive our newsletter:
Name, last name.
Phone number.
E-mail.
And in general, whenever you communicate with us by e-mail the information transmitted by you most probably:
Name, last name.
Phone number.
E-mail.
Article 5: Personal data and Privacy policy
your Data is collected in one of the cases provided for by the Regulations, namely in particular:
The performance of a contract concluded with you, and/or
To comply with a legal obligation, and/or
Your consent to the use of your Data, and/or
Our legitimate interest in using your Data, it being specified that legitimate interest is a set of commercial reasons and/or reasons relating to security that justify the use of your Data by the Site.
The Company only communicates your Personal Data to authorized and specified Recipients, in accordance with the provisions of the applicable Regulations.
In strict compliance with the purposes set out above, your Data is processed primarily by the Company's internal departments in the course of their normal duties. It may be communicated to other companies in the Company's group, and more specifically to departments that need to know it.
It is also communicated to certain of our Subcontractors and service providers (website manager, host) who are bound by the same security and confidentiality obligations as the Company.
We require all such third parties to apply, as a minimum, the basic security rules defined by the French Data Protection Authority (CNIL) about administrative, technical, and organizational aspects, in order to protect your Data against unlawful disclosure, use, modification and destruction.
To this end, we have rigorously selected our subcontractors based on the security of the hosting they provide (in line with some of the strictest standards) and have reinforced the infrastructures used and the contracts signed with them. To this end, we have entered strict security clauses with our Subcontractors, in line with regulatory requirements.
Your Data might be transmitted to the following Subcontractors:
Technical subcontractors
NAMECHEAP INC., in charge of hosting the Website.
IT service providers.
Personal Data that you may communicate to us may also be communicated in response to legal or administrative proceedings of any kind or to law enforcement measures requested by the competent authorities.
It may also be communicated to authorized third parties for the performance of tasks entrusted to the Company.
The Company La Société pledges not to transmit your Personal Data to third parties unless:
You have given your prior consent for the sharing of your Personal Data with third parties,
The sharing of your Personal Data with said third party is necessary for the provision of the requested services,
A competent judicial or administrative authority requires the Company to disclose such Personal Data.
Article 6: Intellectual property
Trademarks, logos, and the contents of the Website (graphic illustrations, texts, photos, videos, and others) are protected by the French Intellectual Property Code and by copyright.
Reproduction and copying of content by the User require prior authorization from the Site. In this case, any use for commercial or advertising purposes is prohibited.
Article 7: Liability
Although the information published on the Website is deemed reliable, the Website and the Company reserve the right not to guarantee the reliability of sources.
The information published on the Website is for information purposes only and has no contractual value. Despite regular updates, neither the Website nor the Company can be held responsible for any changes in administrative or legal provisions that may occur after publication. The same applies to the use and interpretation of information provided on the platform.
The Website and/or the Company shall not be held liable for any viruses that may infect the User's computer equipment after using or accessing this Site.
The Website and/or the Company shall not be held responsible in the event of force majeure or the unforeseeable and insurmountable act of a third party.
The Website and/or the Company cannot guarantee the total security and confidentiality of data. However, the Website undertakes to implement all methods required to do so to the best of its ability.
Article 8: Hyperlinks
The Website may contain hyperlinks. By clicking on these links, the User will leave the platform. The Website and/or the Company have no control over, and cannot be held responsible for, the content of the web pages linked to.
Article 9 : Cookies
Cookies are files stored in your browser, often encrypted. They are created for a limited time when your browser loads a given website: the Website then sends information to the browser, which creates a text file. Each time the user returns to the same site, the browser retrieves this file and sends it to the website's server.
In accordance with applicable legislation and CNIL guidelines, the Website will obtain your prior consent before depositing cookies, except for those which:
Are strictly necessary for the provision of an online communication service at your express request.
Or are exclusively intended to enable or facilitate electronic communication.
The registration of a cookie by a third party is subject to your consent. We collect this consent when you connect to the Website using a cookie management tool.
When you first connect to the Site, you are informed that the Website uses cookies. A cookie consent screen allows you to accept, refuse or personalize your choice.
You can withdraw your consent at any time.
Article 10: Contract term
This contract is valid for an indefinite period. The beginning of the use of the services of the Website marks the application of the contract with respect to the User.
Article 11: Severability of clauses
Should one or more provisions of the General Conditions be declared null and void, non-existent or unenforceable, the validity of the General Conditions shall not be affected. The other clauses will continue to have effect.
Article 12 : Communication with the Company
For any questions or complaints relating to these General Conditions of Use and, more generally, to the use of the Site, the User may contact the Company by:
Postal service to the following address: 20 RUE CAMBON, PARIS, 75001, FRANCE.
E-mail using the address: matignon@dumaslimbach.com
Article 13: Consumer Mediation
In the event of any dispute arising in connection with the performance, termination or conditions of the present General Conditions, the parties shall endeavor to settle their dispute amicably.
In accordance with the provisions of the French Consumer Code, the User who is a consumer (defined as "any natural person acting for purposes which do not fall within the scope of his or her commercial, industrial, craft, liberal or agricultural activity") is reminded that he or she has the right to have recourse, free of charge, to a consumer mediator with a view to the amicable resolution of the dispute between him or her and the Company.
Should the User's request for a complaint to the Company fail, or in the absence of a response from the Company within two (2) months, the User may submit the dispute with the Company to the Consumer Mediator, who will attempt, independently and impartially, to bring the parties together with a view to finding an amicable solution.
The Customer may contact the European Commission's online dispute resolution service at the following address: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.
Article 14: Applicable law and Choice of court
These GTU are governed by French law.
Subject to the applicable legal provisions of public order, any dispute related to or resulting from the validity, execution, interpretation, or formation of the General Conditions will be subject, as a matter of priority, to a request to the Company for an amicable solution and, failing conciliation, to the exclusive jurisdiction of the courts of Paris (France).