General Conditions of Sale (CGV) of www.activilong.com site
Preamble
The present general conditions of sale apply between:
The company MISS ANTILLES INTERNATIONAL (MAI), a limited liability company with capital of 381 122, 53 euros, entered in the Commercial and Companies Register under number 327 235 818 000 33, whose registered office is:
2 Avenue du Montboulon, ZA du Sauvoy, 77165 Saint-Soupplets, France
Telephone : (+33) 1 60 61 62 62
Fax : (+33) 1 60 61 62 72
E-mail : info@labomai.com
MISS ANTILLES INTERNATIONAL (hereinafter termed MAI) is liable for VAT and is identified by an individual number in application of Article 286 ter of the General Tax Code. Its individual registration number is FR 51 327 235 818 000 33.
Hereinafter termed "M.A.I"
And
Any individual person acting as a consumer or non-professional purchaser visiting or purchasing a hair cosmetic, most notably M.A.I brands, on the site www.activilong.com.
Hereinafter "the Internet User".
All orders taken on the www.activilong.com assumes reading and prior acceptance of the present general conditions.
As the www.activilong.com site is an electronic business area, the Internet User acknowledges having been fully informed that his agreement concerning the content of the present general conditions of sale does not require written signature of this document.
The Internet User is called on to back up and print these general conditions of sale, which bear witness between the parties.
The Internet User declares that he is of age and has full legal capacity to commit himself under these general conditions and thus subscribe to contracts under French law.
1. Aim
The aim of these general conditions is to define the parties' rights and obligations within the context of remote sales of hair cosmetic products on the on-line sales area accessible on the www.activilong.com site, from conclusion of order to after-sales service and guarantees, passing through payment and delivery.
2. Enforceability of General Conditions of Sale
The version of the general conditions of sale enforceable on the Internet User is that shown on the site at the moment when the User confirms the order.
These General Conditions of Sale may be modified at a later stage, with the version applicable to the Client's purchase being that prevailing on the website on the date of conclusion of the order.
Confirmation of the order by the Client constitutes unrestricted and unreserved acceptance of these General Conditions of Sale.
3. Site unavailability
The www.activilong.com website, or access to one or more services within the site such as the on-line sale area may, without notice or compensation, be temporarily or definitively closed, without the Internet User being able to claim any compensation.
4. Products
4.1. Product availability
The products offered for sale by M.A.I are those shown on the www.activilong.com site on the day on which the Internet User consults the site.
The products are offered within the limits of stocks available. If the product is not available, M.A.I undertakes to inform the Internet User accordingly by any means available to it within 5 days of the order being made.
In this situation, M.A.I may, by agreement with the Internet User, plan a new delivery date depending on its restocking procedure. If agreement is not reached, or the product ordered cannot be obtained, M.A.I shall reimburse the sums paid by the Internet User as soon as possible and not later than 30 days, without the User being able to claim any compensation.
4.2. Information
The greatest of care is applied when putting information on line prior to conclusion of an order, especially information concerning essential characteristics of products offered for sale, and payment and delivery methods. However, minor changes in the representation of the products, not affecting its essential characteristics, may occur. These changes cannot in any circumstances render M.A.I contractually liable.
The information put on line on the www.activilong.com site do not in any circumstances exempt the Internet User from the requirement to read other information relating to the product or shown on the product or its packaging (precautions for use, conditions of use etc).
The products on offer comply with current French legislation and with standards applicable in France.
The photographs of the products designed to illustrate them are not contractual and cannot render M.A.I liable.
4.3. Use of products - respect for precautions of use
The client undertakes to use the products in accordance with their purpose and to respect the instructions displayed in the product markings to ensure suitable use of the products.
The products may contain very powerful concentrates which can be dangerous if not used correctly.
The client is informed that he must read all information attached to the product or shown on the product or its packaging with regard to precautions for use and conditions of use before any use is made.
M.A.I cannot be held liable for any damage that occurs following use other than in accordance with the advice and/or recommendations shown on the product, on its packaging and/or on its notice.
5. Prices
The prices relating to products ordered are shown on the on-line sales area dedicated for that purpose.
Prices are expressed in euros, inclusive of all taxes.
These prices do not take account of delivery costs, unless specifically mentioned; these costs are shown in addition to the tax-inclusive price before the order is concluded, once the Internet User has chosen the method of delivery and the delivery address.
The prices take account of VAT as applicable on the date of the order. Any change in the applicable VAT rate shall be automatically shown in the product prices in the sale area.
When the Internet User's order is confirmed by e-mail, the sum total of the order (tax-inclusive price plus delivery costs) shall be shown in euros.
The product prices do not include the communication costs linked to use of the on-line sales service; these shall remain payable by the Internet User.
M.A.I reserves the right to revise its prices at any time. However, the products shall be invoiced on the basis of the tariffs prevailing at the time of registration of the order.
6. Order
6.1. Taking the order
- Stage 1: filling the basket.
- Stage 2: completing the mandatory fields in the identification and/or information forms. Mandatory fields are indicated by an asterisk. The Internet User confirms that the information sent is true and accurate.
- Stage 3: reading the general conditions of sale.
- Stage 4: acceptance of all the general conditions of sale, by ticking the general sales conditions acceptance box.
- Stage 5 : Confirmation of order by clicking on the dedicated button.
dédié.
The Internet User receives an acknowledgement of receipt of order by e-mail.
The contractual information is presented in French and will be confirmed not later than the moment of validation of the order by the Internet User.
The product offers are valid for as long as they remain on the site, within the limits of stocks available.
The sale will not be considered definitive until the Client has been sent the confirmation of acceptance of order by M.A.I by e-mail and the price has been paid in full.
An order is registered on the Site when the Internet User accepts the present General Conditions of Sale by ticking the box provided for the purpose and validates the order.
Any order placed by the Internet User using the above stages constitutes an acceptance of the general conditions.
6.2. Confirmation of order
In accordance with applicable regulations, contractual information shall be confirmed when necessary and not later than the moment of delivery, by an e-mail sent to the mail address indicated on the order form by the Internet User.
This confirmation e-mail shall specifically contain the following information:
- description of the products;
- identification of the order number;
- the total cost of the order (tax inclusive/exclusive price, delivery costs);
- summary of conditions for ensuring security of payment;
- existence of right of cancellation;
- the present general conditions of sale in PDF format.
The onus is on the Internet User, at his own risk, to keep the contractual information on a support of his choice. The Internet User may verify the details of his order and its total price, and may correct any errors before confirming his acceptance. This validation implies acceptance of the present General Conditions of Sale in their entirety, and constitutes proof of sale contract.
The onus is therefore on the Internet User to check the accuracy of the order and to report any error immediately.
M.A.I reserves the right not to confirm the order, especially in cases of refusal of payment authorisation, wrong address or other problem on the user's account. In this case, M.A.I will inform the Internet User accordingly by e-mail.
The order shall only become definitive after:
- payment of the full price by the Internet User;
- verification of availability of the product by M.A.I, within a maximum of 5 working days from sending of the e-mail acknowledging receipt of the said order to the Internet User.
For the purposes of concluding orders, working hours are considered to be 08:00-18:00 Monday to Friday except public holidays.
6.3. Error in order
In the event of an error in his order, the Internet User shall have 48 hours from receipt of his order in which to send an e-mail to the ACTIVILONG Clients Department via the site contact form https://activilong.com/fr/contactez-nous (subject: client service) specifying the nature of the error (for example, a mild straightening kit instead of a strong straightening kit). The client must then return the package, carriage costs payable by him, containing the products, which must not be opened or unsealed. Any failure to fulfil this condition shall lead to automatic cancellation of the claim without any exchange being possible. The goods may then be dispatched again to clients after payment of delivery charges. Goods effectively ordered in error and not opened or unsealed shall be exchanged.
6.4. Purchase reward
To thank its clients and allow them to discover other products, MAI offers trial doses for any order made on its Site, according to a previously compiled schedule relative to the total cost of the order:
- For any order between €5 and €15 (excluding carriage costs): 1 trial dose offered;
- For any order between €15 and €30 (excluding carriage costs): 2 trial doses offered;
- For any order over €30 (excluding carriage costs): 3 trial doses offered.
6.5. Preparation of orders
After validation and payment of the order by the client, and after acceptance of payment by an officially credited banking organisation, the order shall be packed and dispatched within 24-48 hours (working days). All orders made at weekends (after 12:00 on Friday to Sunday) shall be prepared and dispatched on the following Monday. All orders made on the day before a public holiday (after 12:00), or on the public holiday in question, shall be prepared and dispatched on the following working day.
During the summer holiday period, namely 15 July to 30 August, preparation times may vary (+24 hours) because of availability / re-supply of products and temporary reductions in staff numbers.
7. Payment
7.1. Means of payment
Payment shall be made on line, that is, by banker's card: Carte Bleue, Master Card, Visa or American Express, or by Paypal.
Payments by cheque, bank transfer or telephone call cannot be accepted.
The sum total cost of the order (products and carriage costs) shall be debited when the order is made.
The bill for the product shall be inserted in the package containing the product(s) ordered. This bill and the corresponding order form shall remain printable for six months from the "my account" inset on the client's personal page on the Activilong site, once the order is sent.
The order shall only be definitive when confirmed by payment of the price from the purchaser.
For banker's card payments made on its site, M.A.I uses the secure payment facility of its partner banks' server (WEBAFFAIRES, developed by Crédit du Nord: 3D Secure) or Paypal. All information sent from the www.activilong.com site to the payment system is systematically encrypted to ensure its confidentiality.
In the case of partial delivery, the card shall be recredited for the total of items unavailable.
An additional delivery in the event of a further supply of the missing items shall be offered.
7.2. Failure to pay
In the event of failure to pay the price without legitimate reason, M.A.I shall have the right to claim from you delay interest calculated on the basis of the official interest rate plus three points, applicable from the payment due date.
M.A.I shall not be required to deliver the Products ordered by the Client if the Client has not paid it the total price under the conditions indicated above.
7.3. Ownership reservation
The product delivered shall remain the property of MAI until the Internet User effectively pays the full price. Failure to pay shall lead to reclamation of the product by MAI.
Risk of loss or deterioration transfers to the Internet User on the date of delivery of the product.
7.4. Restrictions on sale
MAI reserves the right to suspend or cancel an order in the event of:
- Countries of destination not covered: all countries outside Mainland France and the UK
• Incomplete payment of the order price
• Dispute of price or refusal to pay by officially approved banking organisations.
• Ongoing dispute with the client with regard to payment or return of an order.
• Delivery address at a PO box or collection or poste restante address (restrictions according to country and carriers chosen).
• Address incomplete, unknown, unverifiable or illegible (typing error) by the ACTIVILONG Client Service Department.
• Country of destination in which commercial restrictions on importation apply to the goods to be exported.
8. Delivery deadlines and conditions
8.1. Delivery costs
For all domestic orders (France), M.A.I.. offers its clients fixed delivery charges:
A. Delivery to home:
For any order between €1 and €48.99 inclusive of taxes, the delivery charges are €5.90 including taxes;
B. Delivery to post offices:
- For any order between €1 and €48.99 inclusive of taxes, the delivery charges are €4.90 including taxes; ;
C. Delivery to relay points / neighbourhood shop:
- For any order between €1 and €48.99 inclusive of taxes, the delivery charges are€4.90 including taxes; ;
M.A.I. offers delivery charges for all orders valued at €49 or over, inclusive of taxes.
For any UK delivery, the shipping costs are calculated according to the weight of the package following the Chronopost International rates.
The shipping costs are indicated on the checkout page juste before the payment area.
8.2. Delivery deadlines
The products ordered by the Internet User shall be delivered within a maximum of thirty (30) days from confirmation of the order and payment therefor.
If the product is not available, M.A.I. undertakes to inform the Internet User as soon as possible in order for the User to be reimbursed not later than thirty (30) days from payment of the sums transferred.
If there is a foreseeable delay in delivery, M.A.I. undertakes to inform the Internet User as soon as possible and by any means available, so that the User can choose to maintain the order or cancel it wholly or in part.
If the deadline mentioned is not respected, the Internet User may cancel the order by sending a registered letter with advice of receipt to the ACTIVILONG e-Shop Clients Department whose address can be found at the head of these general conditions of sale. M.A.I. will only take account of cancellation if delivery or dispatch did not occur between the sending and receipt of that letter. The Internet User shall be reimbursed not later than thirty (30) days following receipt of the registered letter by M.A.I.
Unless specified otherwise, M.A.I. reserves the choice of carrier.
8.3. Delivery tracking
M.A.I. guarantees compliance of the product delivered with the essential characteristics described on the www.activilong,com site, for use in accordance with its purpose.
The Internet User must verify the condition of the packaging, and the compliance, of the product delivered, and must also issue any reservations on the carrier's delivery slip.
Reasons for refusal, or confirmations of damaged parcel, must be clearly notified and signed in the "written reservations" area of the delivery slip issued by the transporter. The Client must immediately declare these "written reservations" to service-clients@shopactivilong.com, specifying his full name, the date and the order number.
If on opening a package in good condition the Client then notices damage, he must inform M.A.I. immediately, in the form of a claim describing the damage observed, with a photo attached wherever possible. Any "written observation" made on the delivery slip will strengthen the Client's claim
The Client must confirm the said "written reservations" and "claim" within the legal period, that is, three (3) working days after reception in France and seven (7) working days for other countries. Failure to issue a claim within this period shall void all action against M.A.I.
Products that are effectively damaged shall be examined, valued and validated by M.A.I, which will then offer a replacement or refund.
8.4. Delivery area
Parcels shall be delivered only in Mainland France (including Corsica and Monaco), the United Kingdom and Europe.
Delivery costs are shown when the order is concluded, according to the territory and the delivery options.
There are different types of delivery for the parcels:
- Delivery by So Colissimo to home with or without signature :
Each recipient is informed by text message or e-mail that his parcel is available.
Following its receipt by La Poste, the client will receive delivery of the parcel at home within 48-72 hours (working days) in Mainland France and 3-5 days ( working days ) in the United Kingdom and Europe. subject to working time limits at the depot. If the Client is not present and the size of the parcel allows, the postman may place it in the client's letterbox. If the parcel cannot be placed in the client's letterbox, the postman shall place in the letterbox an advice of visit mentioning the date and the address of the post office at which the client can obtain his parcel in return for showing an identity document. With effect from the date shown on the advice of visit, the client shall have fourteen (14) days in which to collect his parcel. After this time, the parcel will be automatically returned to M.A.I. If the parcel is returned by La Poste with the wording "not called for" or "does not live at this address", M.A.I. will inform the client concerned by e-mail. In this case, the parcel may be sent to the client again following his agreement and payment of re-sending costs.
If the parcel is sent again and is once again returned by La Poste at the end of the availability period of fourteen (14) days, and the client has not exercised his right of cancellation, M.A.I. reserves the right to dispose of the items covered by the order and apply a penalty of 28% of the total value of the order (2% per day of delay from date of availability), apart from re-sending costs, which remain payable by the Client. This right held by M.A.I. does not confer any right of exchange or compensation in favour of the client. The Client shall then only be reimbursed for 72% of the total value of his order, without being able to claim any compensation or additional refund.
If there is a problem with delivery, and especially if the products ordered have deteriorated, the client shall have forty-eight (48) hours from receipt of the parcel (delivery time) in which to advise M.A.I. by e-mail or by post. The Client may then benefit from the conditions of exchange or reimbursement.
- Delivery to post office, neighbourhood shop or Cityssimo area :
Once the parcel has been taken on by La Poste, the Client may take delivery in any one of 10,000 post offices, 4,800 local shops or 32 Cityssimo parcel points (in the areas covered). The client shall be informed by e-mail or text message that his parcel is available. He may then collect his parcel within fourteen (14) days. After this period, the parcel will be returned to MAI, which shall inform the client by e-mail. In this case, the parcel may be sent to the client again following his agreement and payment of re-sending costs.
If the parcel is sent again and is once again returned by La Poste at the end of the availability period of fourteen (14) days, and the client has not exercised his right of cancellation, M.A.I. reserves the right to dispose of the items covered by the order and apply a penalty of 28% of the total value of the order (2% per day of delay from date of availability), apart from re-sending costs, which remain payable by the Client. This right of ACTIVILONG does not confer any right of exchange or any compensation in favour of the Client. The Client shall then only be reimbursed for 72% of the total value of his order, without being able to claim any compensation or additional refund.
8.5. Loss of parcel
Any order not received at the address indicated by the Client thirty (30) days after dispatch shall be considered lost (after verification by the ACTIVILONG Clients Department with La Poste). In this event, M.A.I. undertakes to re-send the Client's order provided stocks are available, or to reimburse part or all of the items exhausted.
9. Guarantees
9.1. Hidden defects guarantee (see Annex 2)
M.A.I. is required to respect the hidden defects guarantee within the meaning of Article 1641 of the Civil Code, which provides that: "The Seller is bound by a guarantee against hidden defects in an item which render it unfit for the use for which it is designed, or which so reduce this use that the purchaser would not have bought it, or would have only paid a lower price, had he known about them”.
The Client may decide to implement the hidden defects guarantee in accordance with Article 1641 of the Civil Code. In this case, he may choose between cancellation of the sale or a reduction in sale price in accordance with Article 1644 of the Civil Code..
In all cases, M.A.I. shall not be held liable for misuse of the product by the Internet User, or indeed for failure to respect regulatory or legislative provisions prevailing in the country of reception.
9.2. Non-compliance / defectiveness (see Annex 2)
If the produce delivered is non-compliant, the purchaser must inform the ACTIVILONG Client Department by e-mail, with a clear description of the non-compliance observed.
It is recalled that within the legal compliance guarantee, the Client:
• Benefits from a period of two (2) years from issue of product in which to take action against M.A.I..;
• May choose between repair or replacement of the Product ordered, subject to the conditions of cost provided for in Article L.217-9 of the Consumption Code;
• Is exempted from the requirement to prove existence of non-compliance of the Product within 24 months of issue of the Product.
The legal compliance guarantee applies independently of the commercial guarantee that may cover the product.
9.2.1. Taking account of the buyer's request
M.A.I. undertakes, depending on which the buyer requests, to exchange or reimburse the product for the buyer. If there is a clear difference in cost between the two options, M.A.I. shall opt for the less expensive solution. In cases of return because of defect, M.A.I. shall reimburse the carriage costs on presentation of supporting documentation and in all cases according to the current tariff. Reimbursement shall be made in proportion to the product price for the whole order.
Provided the buyer consents thereto, M.A.I. may offer him a credit note instead and in place of the exchange or reimbursement.
The stipulations of this article do not prevent you from benefiting from the right of cancellation provided for in Article 10.
10. Right of cancellation
In application of Article L.221-18 et seq. of the Consumption Code, all non-professional Internet Users have a cancellation period of fourteen (14) days from the date of receipt of the order for items ordered by them.
If the non-professional Internet User exercises this right of cancellation, the product must be returned in its original packaging in a proper state, that is, without excess handling (no significant deterioration in the packaging) and without usage, not later than fourteen (14) days following communication of his decision to cancel, and accompanied by all accessories and notices and details of the invoice to which the products relate. The costs of return shall be paid by the Internet User.
Any product reduced in value by excessive handling (and in particular returned broken, damaged or incomplete) will not be accepted back.
If the right of cancellation is exercised, the non-professional Internet User shall have the choice of requesting reimbursement of his order, with the exception of return costs incurred by him, or an exchange of product. In the event of exchange, the non-professional Internet User must, where necessary, attach payment of the carriage costs for the cost of sending the new product if this cost exceeds that of the initial order and any additional order price.
M.A.I. then undertakes to send the non-professional Internet User the new item chosen, as soon as possible.
If a request for reimbursement is made as shown in the cancellation form, or if the box indicating exchange of product is not ticked, M.A.I. shall reimburse the non-professional Internet User within a maximum period of fourteen (14) days from the date on which M.A.I. is informed of the exercising of the right of cancellation, by re-crediting his bank account (secure transaction) if payment has been made by banker's card or by Paypal.
All returns must be advised beforehand to the ACTIVILONG Clients Department, specifying the last and first names, date and order number for each individual request:
-- as priority, by e-mail via the form available on http://www.activilong.com/fr/contactez-nous, by making an entry under "right of cancellation"; ici
- in a letter with advice of receipt, to the following address:
LABOMAI Service Clients, e-Shop, 2 Avenue de MONTBOULON, ZI du SAUVOY, 77165 SAINT SOUPPLETS.
- By telephone, 10:00-17:00 Monday to Friday, on 09.54.91.60.61.
11. Protection of personal data
In application of Law No. 78-17 dated 6 January 1978 modified, it is recalled that personal data requested of the Client, especially via forms, are necessary for processing the order and must be communicated to the service provider(s) responsible for fulfilling the order, especially the carrier and/or any authority competent to resolve disputes between M.A.I. and an Internet User. They may also be used to find out about the Internet User and adapt M.A.I.'s offer to reflect the Internet User's requirements.
These data may be communicated to any partner of the Seller responsible for the fulfilment, processing, management and payment of orders.
The processing of information communicated through the site shall satisfy legal requirements concerning the protection of personal data, with the computer system used providing optimal protection of these data.
The Client shall, in accordance with current national and European regulations, have a permanent right of access, alteration, amendment, opposition to transfer and limitation of processing over the data and information concerning him.
To exercise this right, the Internet User must send an e-mail to the M.A.I. e-Shop Clients Department at the e-mail address service-clients@shopactivilong.com, or write, for the attention of the ACTIVILONG e-Shop Clients Department, at the following address:
:
LABOMAI Service Clients e-Shop, 2 Avenue de MONTBOULON, ZI du SAUVOY, 77165 SAINT SOUPPLETS.
These rights may be exercised according to the conditions and methods defined on the site and accessible here.
12. Liability
M.A.I. cannot be held liable for failure to fulfil its obligations following circumstances of force majeure, within the meaning generally accepted by the law and the French courts, or for reasons outside its control.
In any case, the liability of M.A.I. shall be limited to the price of the product sold, unless a legal provision specified otherwise.
In addition, M.A.I. cannot be held liable within the measure permitted by current regulations for direct damage, especially non-material, or indirect damage arising from access to the site or from inappropriate use of the products within the meaning of the article on "use of products".
13. Integrality
If any of the clauses of the present contract is rendered null and void by a change in legislation or regulations or by a court decision, this cannot in any circumstance affect the validity of or respect for the present general conditions of sale.
14. Duration
The present conditions shall apply for as long as the services offered by M.A.I. are put on line.
15. Proof
The computerised registers stored on the servers belonging to M.A.I. or its hosts, shall be considered as proof of communications, orders and payments made between the parties.
16. Applicable law
The present general conditions are subject to French law. The same applies to the rules in essence as to the rules in form.
In no circumstances does M.A.I. issue a guarantee of compliance with local legislation applicable when an Internet User accesses the site from another country.
In the event of a dispute with M.A.I. which cannot be resolved within 45 days of notification of dispute by the Internet user, the user may, if he so wishes, resort to a conventional mediation procedure, most notably with the Consumers Mediation Commission (Article L.612-1 of the Consumption Code) or with the E-Commerce Mediation Authority set up by the FEVAD and accessible using the URL (http://www.mediateurfevad.fr/), or by using any alternative method of settling disputes (such as conciliation) when a dispute arises.
To this end. M.A.I. informs you that you may call on the mediator within one year of written notification of the dispute. Failing that, the claim will lapse.
In the event of a judicial dispute, the litigation shall fall exclusively within the scope of competence of the French courts for disputes between M.A.I. and non-professionals.
17. Pre-contractual information, acceptance of client
The act of an individual person placing an order on the site implies full and complete adherence to and acceptance of the present General Conditions of Sale and an undertaking to pay for the Products ordered. This is expressly acknowledged by the Client, who in particular renounces the benefit of any contradictory document, which shall not be enforceable on the Seller.
Burdan itibarenAnnex 1
EXTRACTS FROM CIVIL AND CONSUMPTION CODE
• LEGAL GUARANTEE OF COMPLIANCE WITH CONSUMPTION CODE
Article L211-4
The Seller is required to deliver goods in accordance with the contract and shall be liable for compliance faults at the time of delivery
It shall also be liable for compliance faults caused by the packaging or the mounting or installation instructions when the contract makes it responsible for them or they are carried out under its supervision.
Article L211-5
In order to comply with the contract, the goods must:
1° e fit for the purpose normally expected of similar goods, and, where applicable:
- Correspond to the description given by the seller and possess the qualities presented to the buyer by the seller in the form of a sample or model.
- Present the qualities that a buyer could legitimately expect in the light of the public declarations made by the seller, the producer or its representative, especially in advertising or labelling.
2° Or present the characteristics defined by mutual agreement by the parties, or be fit for any special use sought by the buyer, brought to the knowledge of the seller and accepted by the seller.
Article L211-12
Action on the grounds of compliance faults shall be prescribed two years from the issue of the goods.
• GUARANTEE AGAINST HIDDEN DEFECTS - CIVIL CODE
Article 1641
Article 1641
The Seller is bound by a guarantee against hidden defects in an item which render it unfit for the use for which it is designed, or which so reduce this use that the purchaser would not have bought it, or would have only paid a lower price, had he known about them."
Article 1648
Action arising from faults worthy of criticism must be taken by the buyer within two years of the defect being discovered.
Activilong Personal Data Protection Charter
In order to ensure confidentiality of data, in application of the provisions of EU Regulation No, 2016/679 dated 27 April 2016 and Law No. 78-17 dated 6 January 1978 concerning computers, files and liberties modified on 20 June 2018, MISS ANTILLES INTERNATIONAL has made undertakings concerning the protection of personal data. The aim of the present data protection policy is to inform you on the commitments made and measures taken by MISS ANTILLES INTERNATIONAL to ensure that your personal data are duly respected. Finally, your attention is drawn to the fact that we may be required to amend the present charter, especially to bring it into compliance with any new editorial, technical or case-law regulation or to adapt it to reflect our business practices. When we make changes, we will put our updated Personal Data Protection Charter on line thirty (30) days before it enters into force, to ensure that you are properly informed of these changes.
Concerning the collection and use of your personal data
1. Site publisher
The site is published by MISS ANTILLES INTERNATIONAL SARL, entered in the Commercial and Companies Register under number B 327 235 818, whose registered office is 2 Avenue du Montboulon, ZA du Sauvoy, 77165 Saint-Soupplets.
Telephone : (+33) 1 60 61 62 62
E-mail : info @labomai.com
Numéro TVA intracommunautaire : FR51 327 235 818 00033
Intracommunity VAT number: FR51 327 235 818 00033
The site publication director is: Marie Cheffre
The site is hosted by OVH, 2 Rue Kellermann, BP 80157, 59053 Roubaix, Telephone: 09.72.10.01.11
2. Processing Manager
The information is processed on computer, the manager for this processing being the company MISS ANTILLES INTERNATIONAL, entered in the Commercial and Companies Register under number B 327 235 818, whose registered office is 2 Avenue du Montboulon, ZA du Sauvoy, 77165 Saint-Soupplets, represented by Ms Cheffre.
3. Collection of your personal data on the Activilong site
MISS ANTILLES INTERNATIONAL will only collect and process data that are strictly necessary for the ultimate aim fort which they are processed.
What data will be collected?
• The identifying data of the User: This means the data that the User normally inserts when creating an account by filling out a registration form, or when making an order etc.
These data include in particular the User's name, date of birth, address, telephone number and e-mail address.
• Data on transactions: This means the data that the User normally inserts when subscribing to an on-line service, including in particular information relating to his means of payment. The banking data collected are sent to third parties involved with processing and satisfying the User's requirements.
• Data on transactions: This means the data that the User normally inserts when subscribing to an on-line service, including in particular information relating to his means of payment. The banking data collected are sent to third parties involved with processing and satisfying the User's requirements.
• Navigation data: This means the data collected while the User is browsing the site, including in particular the date, the time of connection and/or browsing, the type of browser and the language and IP address of the browser.
4. Finality of collection
The processing carried out by Miss Antilles International has a clear, specified and legitimate ultimate aim.
Your data are processed principally for the following purposes:
• Management of your registration on the site.
• Access to your account.
• Browsing the site.
• Reception of commercial and promotional offers from MISS ANTILLES INTERNATIONAL.
• Making of offers adapted to the User's centres of interest as made evident from his browsing, provided that the User has validated the bar when connecting to the Site.
• Managing the billing process for orders placed on line.
When the data are collected, the User shall be informed whether certain data are mandatory or optional.
Data identified by an asterisk are mandatory. Failing that, the User's access to the Services may be restricted.
5. Legal basis
The legal basis for collecting and using the User's data depends on the data concerned and the specific context within which MISS ANTILLES INTERNATIONAL collected the data.
MISS ANTILLES INTERNATIONAL will collect the User's data when:
• The User has issued his consent.
• The data are necessary for fulfilling a contract concluded with the User (for example, to offer access to the site).
• When the processing meets the legitimate interests of MISS ANTILLES INTERNATIONAL.
6. User information
In accordance with regulations concerning personal data, MISS ANTILLES INTERNATIONAL will inform you on its processing of personal data.
MISS ANTILLES INTERNATIONAL will therefore inform you on:
• The identity and details of the data processing manager.
• The ultimate aim of the processing to which the personal data are subjected, as well as the legal basis for that processing.
• Where applicable, the legitimate interests being pursued by MISS ANTILLES INTERNATIONAL.
• The recipients of the personal data.
• Where applicable, the fact that MISS ANTILLES INTERNATIONAL is transferring personal data to a country outside the European Union.
• The period for which the personal data will be stored, or the criteria used in determining that period.
• The existence of the right to request from MISS ANTILLES INTERNATIONAL access to the personal data, the amendment or deletion of those data, limitations on their processing, the right to oppose the processing, the right to transfer the data and the opportunity to determine what happens to the data after the user's death.
• The existence of the right to withdraw consent at any time without undermining the licitness of the processing carried out before the consent was withdrawn.
• The right to submit a claim to a controlling authority.
• Information on determining whether the requirement to supply personal data is regulatory or contractual in nature or whether it determines the conclusion of a contract, and whether the person concerned is required to supply the personal data, as well as the likely consequences of failure to supply these data.
• The existence of an automated decision-making process, including profiling and information useful for understanding the algorithm and its logic.
7. Recipients of data
MISS ANTILLES INTERNATIONAL undertakes to take all necessary precautions and organisational and technical measures required to preserve the safety, integrity and confidentiality of data, and in particular to protect them from being distorted and damaged and to prevent unauthorised third parties from accessing them.
MISS ANTILLES INTERNATIONAL will only communicate your personal data to specified and authorised recipients, such as, for example:
• Its personnel.
• Its subcontractors, to ensure support and provision of services within the context of using the Site.
• Its partners, if you have consented to that communication.
The data are likely to be transferred to countries outside the European Union that have been issued with an advice of suitability by the European Commission, or to the United States in accordance with the rules of the "Privacy Shield" self-certification mechanism for businesses established in the United States, this mechanism having been recognised by the European Commission as offering a suitable level of protection for personal data transferred by a European entity to businesses established in the United States.
If your data are transferred outside the European Union, the processing manager will guarantee that the transfer is bound by the standard contractual clauses of the European Union or by internal business rules (Binding Corporate Rules) or contractual clauses for which the CNIL has previously recognised that they provide sufficient protection of privacy and basic human rights.
8. Preservation of data
MISS ANTILLES INTERNATIONAL will only keep your data for the period necessary for the ultimate aim for which they are collected and in accordance with current legislation.
Your data used for business prospecting purposes shall be stored for a maximum period of three years from the last contact with the processing manager.
9. Security
MISS ANTILLES INERNATIONAL shall ensure the security of your personal data by introducing a reinforced data protection procedure involving the use of physical and computerised protection measures, and shall take the necessary organisational and technical measures in that regard.
The security measures shall include in particular suitable control of access, encryption (where necessary) and regular checks on security.
10. Your rights
In application of the regulations concerning personal data, you have the right to access, amend and delete your data, limit their processing and mobility, and to determine what happens to your data following your death, with regard to all the data concerning you. This right can be exercised with MISS ANTILLES INTERNATIONAL by e-mailing service-clients@shopactivilong.com or by writing to the following address:
LABOMAI
Service Clients e-Shop
2 Avenue du MONTBOULON
77165 SAINT SOUPPLETS
together with a copy of a signed identity document.
You are informed that there is a list for those not wishing to be canvassed by telephone, "Bloctel", to which you may add your details by registering here: https://conso.bloctel.fr/.
You also have the right to issue a claim to a controlling authority, this being the CNIL in France, if you consider that the processing of your personal data constitutes a violation of personal data regulations.
11. Cookies
The user is informed that during his visits to the site, a cookie may be installed automatically on his browser software.
11.1. What is a cookie?
When you consult the site, or after you open e-mails sent by MISS ANTILLES INTERNATIONAL and/or its partners, information relating to your browsing can be stored in files known as "cookies", which are installed on your computer subject to the choices that you have expressed with regard to cookies and which you can alter at any time.
A cookie is a small text file entered into a dedicated space on your computer's hard drive by your browser software when you consult an on-line service. It allows the issuer to identity the computer with which it is registered, for as long as the cookie remains valid or registered.
Cookies issued on the site or after the opening of e-mails are used for the purposes described below, during the period of validity of the Contract concerned, subject to your choices, which result from the parameters of your browser software used during your visit to the site. You may alter these parameters at any time.
Cookies from the partner companies of MISS ANTILLES INTERNATIONAL (third party cookies) are likely to be stored on your computer.
Only the issuer of a cookie is likely to read or alter the information contained in it. Different types of cookies are used by Miss Antilles International and its partners, and have different aims.
11.2. Different types of cookies
There are:
• Cookies that are strictly necessary.
• Analytical cookies.
• Functional cookies.
• Cookies and social network plug-ins (social buttons).
• Cookies linked to operations relative to the public targeted.
11.3. ACTIVILONG cookies
When you connect to our site, we may be led, depending on your choice, to install various cookies on your computer so that we can recognise the browser from your computer throughout the period of validity of the cookie concerned. The cookies that we issue are utilised for the purposes described below, subject to your choice, which arise from the parameters of your navigation software used when you visit our site.
The cookies that we issue allow us to:
• Compile statistics and volumes of frequentation and use for the various elements making up our site (headings and contents visited, routes followed), this allowing us to make our services more interesting and ergonomically efficient.
• Adapt the presentation of our site to meet your computer's display preferences (language used, display resolution, operating system used etc) when you visit our Site, depending on the display or reading software and hardware found in your computer.
• Memorise information relating to a form that you have filled on our site (registration or access to your account) or to products, services or information chosen by you on our site (content of order basket etc).
• Help you access reserved and personal spaces on our site, such as your account, using identifying details or data that you have previously confided in us.
• Implement security measures, for example when you are asked to reconnect to a content or a service after a certain period of time.
11.4. Third-party cookies
Third-party cookies allow the partners of Miss Antilles International, for as long as these cookies remain valid, to:
• Obtain browsing information relating to the computers that visit the site.
• Determine the advertising content likely to correspond to the interest centres deduced from prior browsing by the terminal concerned.
• Compile statistics and targeting and retargeting exercises, and to personalise advertising messages.
The partners of MISS ANTILLS INTERNATIONAL can, with your prior express authorisation, combine the personal data that we send to them with the cookies stored on your browser, and are able to access these new data such as your IP address, your type or version of browser, and your operating system.
Our partners use this information to contact you or to allow circulation of targeted advertising, or conduct analyses, measurements and performance reports for marketing purposes through various channels or platforms. For example, our partners can send you advertisements on your browser on the basis of your browsing or consumer habits.
11.5. Your rights
You may at any time withdraw your consent and stop the targeting by refusing the advertising cookies in your browser, or by means of preference managers for the advertisements offered by the partners or in unsubscribe links present in e-mails.
The onus is on each issuer of cookies to answer your wish to exercise your rights, especially the right to withdraw your consent through tracers on your computer.
Several possibilities are offered for managing cookies. All parameters that you may enter can alter your browsing of the Internet and your conditions of access to certain services that require the use of cookies.
You can configure your browsing software to allow cookies to be entered in your terminal or have them rejected (systematically or according to issuer). You can also configure your browsing software so that acceptance or refusal of cookies is offered to you selectively, before a cookie can be entered onto your computer.
For the purpose of managing cookies and your choices, each browser is configured differently; the onus is on you to refer to the instructions in your browser or help screen. This configuration is described in your browser's help menu, which helps you to determine how to alter your wishes with regard to cookies.
For information, and without us being able to guarantee its operation, you can find instructions on the various browsers (temporary or definitive), at the following addresses:
• Internet Explorer: On the "Tools> Internet Options" menu, click on the "Confidentiality" tab, select the desired adjustment and click on advanced parameters. Select "Ignore automatic cookie management". Highlight "Activate" or "Block". We recommend activating the option "Always accept session cookies" to allow optimal browsing of our website.
• Firefox: On the "Tools> Options" menu, click on the "Confidentiality" tab. Activate or disable "Accept web cookies" or "tell websites not to track me". It depends on which version of the browser you have. You can also delete cookies installed by clicking on "delete cookies individually".
• Chrome: On the "Tools> Parameters" menu, click on the "Confidentiality> Content Parameters" tab. After selecting the "show advanced parameters" option, click on your preferred cookies adjustment. We recommend activating the "always accept session cookies" option, in order to optimise your browsing on our website.
• Opera: On the "Adjust> Preferences" menu, click on the "Advanced" tab. On the "Cookies" menu, select the "Accept traces" or the "Never accept cookies" options. If you want a more comprehensive level of control over the cookies installed on your computer, we recommend selecting the option "Ask me before accepting cookies".
• Safari: On the "Tools> Preferences" menu, click on the "Security" tab. On the "Accept cookies" menu, select "Always" or "Never". If you have an iPhone, you must click on "Parameters>Safari" and choose whether or not to accept the cookies.
11.6. Preservation period
Cookies stored on your computer will be kept for a maximum of 13 months. Once their storage period has expired, the cookies will be deleted.