Terms and conditions of sale

General terms and conditions of sale for the website The Reserve Boutique

applicable from 05/22/2024

ARTICLE 1. PARTIES

The present general conditions are applicable between COTE MAISON, LLC, share capital: 100000 €, registered at the RCS of Lyon in France on 01/21/1999, under the number 421 578 071, head office: 2 RUE GUYNEMER, 69002 LYON, FR, phone: +33223179700, email: shop@lareserve.com, intra-community VAT number: FR16421578071, hereinafter referred to as "the Publisher" and any person, physical or legal, private or public law, registered on the Site to purchase a Product, hereinafter referred to as "the Customer".

ARTICLE 2. DEFINITIONS

"Customer ": any individual or legal entity, private or public law, registered on the Site.

" Site Contents ": elements of any nature published on the Site, protected or not by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software. 

" The Publisher ": COTE MAISON, LLC acting in its capacity as publisher of the Site.

" Internet User ": any individual or entity, private or public law, connecting to the Site.

" Product ": any type of good sold on the Site by the Publisher to Customers.

" Website ": website accessible at the URL La Réserve Boutique, as well as the sub-sites, mirror sites, portals and URL variations related to it.

ARTICLE 3. SCOPE OF APPLICATION

The Site is free and open to all Internet users. Browsing the Site implies acceptance of these general conditions by all Internet users. Simply connecting to the Site, by any means whatsoever, including through a robot or a browser, will entail full and complete acceptance of these general conditions. During registration on the Site, this acceptance will be confirmed by checking the corresponding box.

The User hereby acknowledges having fully read and accepted them without restriction.

Checking the aforementioned box will be considered to have the same value as a handwritten signature from the Internet user. The User acknowledges the evidentiary value of the automatic recording systems of the Publisher and, unless he/she can provide evidence to the contrary, he/she waives the right to dispute them in the event of a dispute.

The present general conditions apply to the relations between the parties to the exclusion of all other conditions, particularly those of the Internet user. 

The acceptance of these general conditions assumes that the Internet users have the necessary legal capacity to do so, or failing that, they have the authorization of a guardian or curator if they are incapable, of their legal representative if they are minors, or that they hold a mandate if they are acting on behalf of a legal entity.

ARTICLE 4. OBJECT OF THE SITE

The purpose of the Site is to sell Products to Customers.

ARTICLE 5. ORDER STEPS

5.1 Order

In order to place an order, Internet users can select one or more Products and add them to their cart. The availability of the Products is indicated on the Site, in the descriptive sheet of each item. When their order is complete, they will be able to access their cart by clicking on the button provided for this purpose.

5.2 Order Validation by the User

By reviewing their cart, Users will have the ability to check the number and type of Products they have chosen and can verify their unit price, as well as their total price. They will have the opportunity to remove one or more Products from their cart. 

If their order is satisfactory, Internet users will be able to validate it. They will then access a form where they can either enter their login credentials if they already have them, or register on the Site by completing the registration form using their personal information.

5.3 Payment by the Customer

Once they are connected or after they have fully completed the registration form, Customers will be invited to check or modify their delivery and billing details, and then will be invited to make their payment by being redirected for this purpose to the secure payment interface bearing the mention " order with obligation of payment " or any similar formula. 

5.4 Order Confirmation by The Publisher

Once the payment is effectively received by The Publisher, the latter commits to acknowledge receipt to the Client electronically, within a maximum period of 24 hours. Within the same timeframe, the Publisher commits to sending the Customer a summary email of the order and confirming its processing, including all relevant information.

ARTICLE 6. PRICE - PAYMENT

6.1 Price

The applicable prices are those displayed on the Site on the day of the order. These prices can be changed at any time by The Publisher. The prices displayed are only valid on the day of the order and do not apply for the future.

The prices indicated on the Site are in euros, all taxes included, excluding delivery charges.

6.2 Payment Method

The Customer can make their payment through Paypal, Stripe, Amazon Pay, Google Pay, Shopify Payments, Apple Pay.

In the context of credit card payments, The Publisher does not have access to any data related to the Client's payment methods. The payment is made directly into the hands of the banking institution.

In case of payment by mandate, check or bank transfer, delivery times only start running from the date of receipt of payment by The Publisher.

6.3 Billing

The Publisher will send or make available to the Client an electronic invoice after each payment. The Customer expressly agrees to receive invoices electronically.

6.4 Payment Default

The agreed payment dates cannot be delayed under any pretext, including in case of dispute.

Any amount not paid by the due date will automatically and without formal notice, result in the application of late payment penalties calculated on the basis of a rate equal to 3 times the legal interest rate, without this penalty affecting the exigibility of the principal amounts due.

Furthermore, any delay in payment will result in the defaulting Customer being invoiced for recovery costs of 40 euros, the immediate demand for all remaining sums due regardless of the agreed deadlines, increased by a penalty of 20% of the amount as a penalty clause, as well as the possibility of unilaterally terminating the contract at the Customer's fault. This clause is part of the provisions of Article 1152 of the Civil Code allowing the judge to reduce the compensation if the judge considers it excessive.

6.5 Retention of Title

The Products sold remain the property of The Publisher until full payment of their price, in accordance with this retention of title clause.

ARTICLE 7. CUSTOMER SERVICE

The Site's customer service can be accessed from the contact page of the site: https://shop.lareserve.com/pages/contact or by email at shop@lareserve.com or by postal mail at the address indicated in article 1 of these general conditions.

ARTICLE 8. PERSONAL SPACE

8.1 Creation of personal space

The creation of a personal space is an essential prerequisite for any order from an Internet user on the Site. To this end, the User will be asked to provide a number of personal information. Some of this information is deemed essential for the creation of the personal space. The refusal by a user to provide the aforementioned information will result in the prevention of the creation of the personal space and, incidentally, the validation of the order.

When creating the personal space, the Internet user is invited to choose a password. This password ensures the confidentiality of the information contained in the personal space. The User is therefore prohibited from transmitting or communicating it to a third party. Failing that, The Publisher cannot be held responsible for unauthorized access to a User's personal space.

The Customer undertakes to regularly check the data concerning them and to carry out the necessary updates and modifications online, from their personal space.

8.2 Personal Space Content

The personal space allows the Customer to consult and track all their orders made on the Site.

The pages related to personal spaces can be freely printed by the account holder in question, but do not constitute admissible evidence in a court of law. They only have an informative character intended to ensure effective management of orders by the Customer.

The Publisher undertakes to securely store all contractual elements whose preservation is required by law or current regulations.

8.3 Deletion of the personal space

The Publisher reserves the right to delete the account of any Customer who violates these general conditions, especially when the Customer provides inaccurate, incomplete, false or fraudulent information, as well as when a Customer's personal space has remained inactive for at least one year. Said deletion will not be considered a fault of the Publisher or a damage to the excluded Client, who will not be able to claim any compensation as a result.

This exclusion does not prejudice the possibility for The Publisher to undertake legal proceedings against the Customer, when the facts have justified it.

ARTICLE 9. PERSONAL DATA

As part of its service, the Publisher will be required to process personal data of its Customers.

9.1 Identity of the data controller

The controller of the collection and data processed on the Site is the Publisher.

9.2 Identity of the Data Protection Officer

The data protection officer is: Etienne Deshoulières, 121 boulevard de Sébastopol 75002 Paris, contact@deshoulieres-avocats.com, 01 77 62 82 03, www.deshoulieres-avocats.com" always taking care to create a hyperlink on the URL of our site

9.3 Collected Data

9.31 Data collected from customers

In the context of its contractual relationships, the Publisher may be required to collect and process information from its Customers, namely: Email, First name and last name, Phone, Address, State, Province, Zip/Postal code, City.

9.32 Data collected from customers

The data collected during the contractual relationship is subject to automated processing for the purpose of:

• Initiating legal proceedings;
• Verifying the identity of Customers;

9.33 Legal basis for processing

The data collected is based on a contractual relationship.

9.34 Data Recipients

The collected data can only be viewed by the Publisher within the strict limits necessary for the execution of contractual commitments.

These data, whether in individual or aggregated form, are never made freely viewable by a third party individual.

9.35 Duration of personal data retention

The personal data collected is retained for the duration of the contractual relationship, and for the period during which the Publisher's liability may be incurred.

After the retention period, the Publisher commits to permanently delete the data of the concerned individuals without keeping a copy.

9.36 Security and confidentiality of personal data

Personal data is stored under secure conditions, using current technical means, in compliance with the provisions of the General Data Protection Regulation and the applicable national legislation.

Access to the Publisher's premises is also secured.

9.37 Data Minimization

The Publisher may also collect and process any data voluntarily transmitted by its Customers.

The Publisher guides its Customers to provide strictly necessary personal data for the execution of contractual commitments.

The Publisher undertakes to retain and process only the data strictly necessary for its professional activities, and will delete any data received that is not useful for its activities as soon as possible.

9.4 Respect for Rights

The Publisher's Customers have the following rights regarding their personal data, which they can exercise by writing to the Publisher's postal address or by filling out the online contact form.

9.41 Right to information, access and communication of data

The Publisher's Customers have the possibility to access their personal data.

Due to the obligation of security and confidentiality in the processing of personal data incumbent on the Publisher, requests will only be processed if Customers provide proof of their identity, in particular by producing a scan of their valid identity document (in case of request via the dedicated electronic form) or a signed photocopy of their valid identity document (in case of request sent in writing), both accompanied by the statement " I certify on my honor that the copy of this identity document is in accordance with the original. "Made in ... on ...", followed by their signature.

To assist them in their approach, Customers will find here  a letter template developed by the Cnil.

9.42 Right to rectification, deletion and right to be forgotten of data

The Publisher's Customers have the possibility to request the rectification, updating, locking or even deletion of their personal data which may prove to be inaccurate, erroneous, incomplete or obsolete.

The Publisher's Customers can also define general and specific directives regarding the fate of personal data after their death. If applicable, the heirs of a deceased person may demand to take into account the death of their relative and/or to carry out the necessary updates.

To assist them in their approach, Customers will find here  a letter template developed by the Cnil.

9.43 Right to object to data processing

The Publisher's Customers have the option to object to the processing of their personal data.

To assist them in their approach, Customers will find here  a letter template developed by the Cnil.

9.44 Right to data portability

The Publisher's Customers have the right to receive the personal data they have provided to the Publisher in a transferable, open and readable format.

9.45 Right to limitation of processing

The Publisher's Customers have the right to request that the processing of their personal data by the Publisher be limited. Thus, their data can only be stored and no longer used by the Publisher.

9.46 Response Time

The Publisher undertakes to respond to any request for access, rectification or opposition, or any other additional request for information within a reasonable period of time, which should not exceed 1 month from the receipt of the request.

9.47 Complaint to the competent authority

If the Publisher's Customers believe that the Publisher is not fulfilling its obligations with regard to their personal data, they can file a complaint or request with the competent authority. In France, the competent authority is the Cnil to which they can send a request here.

9.5 Transfer of collected data

9.51 Transfer to partners

The Publisher uses authorized service providers to facilitate the collection and processing of its Customers' data. These service providers may be located outside the European Union.

The Publisher has previously ensured the implementation of adequate guarantees by its service providers and compliance with strict conditions regarding confidentiality, use and data protection, for example through the American Privacy Shield.

The Publisher uses the following subcontractors:

Partner	Quality	Destination Country	Processing Done	Guarantees

 

9.52 Transfer upon requisition or court decision

Customers also consent to the Publisher disclosing the collected data to any person, upon requisition from a state authority or court decision.

9.53 Transfer in the event of a merger or acquisition

If the Publisher is involved in a merger, an asset sale, a financing operation, a liquidation or bankruptcy, or an acquisition of all or part of its business by another company, the Customers consent to the Publisher transferring the collected data to this company and that this company carries out the processing of personal data referred to in these General Terms of Service in place of the Publisher.

ARTICLE 10. EDITOR'S RESPONSIBILITY

10.1 Nature of the Publisher's Obligations

The Publisher undertakes to provide the care and diligence necessary to supply quality Products in accordance with the specifications of these General Conditions. The Publisher is only responsible for a duty of means regarding the services subject of these presents.

10.2 Force Majeure - Client's Fault

The Publisher will not be held liable in case of force majeure or the Client's fault, as defined in this article:

10.21 Force Majeure

For the purposes of these general conditions, any impediment, limitation or disruption of the Service due to fire, epidemic, explosion, earthquake, bandwidth fluctuations, failure attributable to the access provider, failure of transmission networks, collapse of facilities, illicit or fraudulent use of passwords, codes or references provided to the Customer, computer hacking, a security breach attributable to the Site's host or developers, flood, power outage, war, embargo, law, injunction, request or requirement of any government, requisition, strike, boycott, or other circumstances beyond the reasonable control of the Publisher will be considered as a case of force majeure opposing the Customer. In such circumstances, the Publisher will be exempt from the execution of its obligations to the extent of this impediment, limitation or disturbance.

10.22 Client's Fault

For the purposes of these General Conditions, any misuse of the Service, fault, negligence, omission or failure on the part of the Client or his/her employees, non-compliance with the advice given by the Publisher on his/her Site, any unlawful disclosure or use of the Client's password, codes and references, as well as the provision of incorrect information or the failure to update such information in his/her personal space, will be considered as a fault of the Client that can be held against him/her. The implementation of any technical process, such as robots, or automatic requests, which would violate the letter or spirit of these general terms of sale, will also be considered a fault of the Client.

10.3 Technical Issues - Hyperlinks

In the event of inability to access the Site, due to technical problems of any nature, the Customer cannot claim any damage and will not be entitled to any compensation. The unavailability, even prolonged and without any limiting duration, of one or more online services, cannot constitute a prejudice for the Customers and can in no way give rise to the granting of damages and interests on the part of the Publisher.

The hyperlinks present on the Site may refer to other websites. The Publisher's responsibility cannot be engaged if the content of these sites contravenes current legislation. Similarly, the Publisher's liability cannot be held if the visit, by the User, to one of these sites, causes them harm.

Given the current state of technology, the rendering of the representations of the Products offered for sale on this Site, particularly in terms of colors or shapes, may significantly vary from one computer to another or differ from reality depending on the quality of the graphic accessories and the screen or the resolution of the display. These variations and differences can under no circumstances be attributed to The Publisher, who can in no way be held responsible for this.

10.4 Damages payable by The Publisher

In the absence of contrary legal or regulatory provisions, The Publisher's liability is limited to the direct, personal and certain damage suffered by the Customer and linked to the failure in question. The Publisher shall in no case be held liable for indirect damages such as, in particular, data loss, commercial damage, loss of orders, damage to brand image, business disruption, and loss of profits or customers. Similarly and within the same limits, the amount of damages and interests charged to The Publisher cannot in any case exceed the price of the ordered Product.

10.5 Hypertext Links and Site Contents

The Contents of the Site are published for informational purposes, without guarantee of accuracy. The Publisher cannot in any case be held responsible for any omission, inaccuracy or any error contained in this information, which would be the cause of direct or indirect damage to the Internet user.

ARTICLE 11. INTELLECTUAL PROPERTY

11.1 Legal Protection of Site Content

The Site Content may be protected by copyright and database rights. Any representation, reproduction, translation, adaptation or transformation, in whole or in part, carried out illegally and without the consent of the Publisher or its rights holders or successors, constitutes a violation of Books I and III of the Intellectual Property Code and may lead to legal proceedings for infringement.

11.2 Contractual Protection of Site Content

The User contractually commits to the Publisher not to use, reproduce or represent, in any way, the Site Content, whether or not they are protected by intellectual property rights, for any purpose other than their reading by a robot or a browser. This prohibition does not apply to indexing robots whose sole purpose is to scan the content of the Site for indexing purposes.

ARTICLE 12. FINAL STIPULATIONS

12.1 Applicable Law

The present general conditions are subject to the application of French law.

12.2 Modification of these general conditions

These general conditions can be modified at any time by The Publisher. The general conditions applicable to the Customer are those in effect on the day of their order or connection to this Site, any new connection to the personal space implying acceptance, where applicable, of the new general conditions. 

12.3 Disputes

In accordance with the order n°2015-1033 of August 20, 2015, any disputes that may arise in the execution of these general conditions and for which a solution could not have been previously found amicably between the parties must be submitted.

Furthermore, the Customer is informed of the existence of the online dispute resolution platform, accessible at the following URL: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show 

Since January 1, 2016, mediation has been mandatory for all. Thus, any professional selling to individuals is required to provide the contact details of a competent Mediator in case of dispute, regardless of whether they sell remotely or in a physical store (Source: FEVAD).

FEVAD Consumer Mediator  /  https://www.mediateurfevad.fr/

12.4 Entirety

The nullity of one of the clauses of this contract will not lead to the nullity of the other clauses of the contract or of the contract in its entirety, which will retain their full effect and scope. In such a scenario, the parties should, as far as possible, replace the cancelled stipulation with a valid stipulation that corresponds to the spirit and purpose of the present agreement.

12.5 Non-Waiver

The failure of the Publisher to exercise the rights recognized to him by these presents can in no case be interpreted as a waiver to assert said rights.

12.6 Telephone Canvassing

The Customer is informed that they have the option to register on the opposition list to telephone canvassing at the address http://www.bloctel.gouv.fr/.

12.7 Languages of these general conditions

These general conditions are offered in French.

12.8 Abusive Clauses

The stipulations of these general conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning abusive clauses in contracts concluded between a professional and a consumer.