General conditions of use of the website meatomania.com
applicable from 10/28/2022
ARTICLE 1. PARTIES
These general conditions are applicable between Meatomania, SAS, capital social : 10500 €, registered at the RCS of Montpellier in France the 05/25/2020, under the number 883429722, the head office : 9 rue des fourbisseurs, 34070 Montpellier, FR, telephone : +33954259808, email : firstname.lastname@example.org, Intra-community VAT number : FR82883429722, hereinafter "the Publisher" and any person, natural or legal, private or public law, registered on the Site to purchase a Product, hereinafter "the Customer".
ARTICLE 2. DEFINITIONS
« Client “: any person, natural or legal, under private or public law, registered on the Site.
« Site Contents » : elements of any kind published on the Site, whether or not protected by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.
« The Editor » : Meatomania, SAS taken in its capacity as publisher of the Site.
« Internet user “: any person, natural or legal, under private or public law, connecting to the Site.
« Product ": property of any kind sold on the Site by the Publisher to Customers.
« Site » : website accessible at the URL meatomania.com, as well as related subsites, mirror sites, portals and URL variations.
ARTICLE 3. CHAMP D’APPLICATION
The Site is open and free to all Internet users. Browsing on the Site implies acceptance by any Internet user of these general conditions. The simple connection to the Site, by any means whatsoever, in particular via a robot or a browser, will imply full acceptance of these general conditions. When registering on the Site, this acceptance will be confirmed by ticking the corresponding box.
The Internet user acknowledges by the same fact having read them fully and accepting them without restriction.
Ticking the aforementioned box will be deemed to have the same value as a handwritten signature on the part of the Internet user. The Internet user recognizes the proof value of the Publisher's automatic registration systems and, except for him to provide proof to the contrary, he waives the right to contest them in the event of a dispute.
These general conditions are applicable to relations between the parties to the exclusion of all other conditions, and in particular those of the Internet user.
Acceptance of these general conditions assumes on the part of Internet users that they have the necessary legal capacity for this, or failing that, that they have the authorization of a guardian or curator if they are unable , of their legal representative if they are minors, or that they hold a power of attorney if they are acting on behalf of a legal person.
ARTICLE 4. PURPOSE OF THE SITE
The purpose of the Site is the sale of Products to Customers.
ARTICLE 5. SERVICE CLIENTELE
The Site's customer service is accessible from Monday to Friday of 09:00 at 18:00 at the following non-surcharged telephone number: +33954259808, by e-mail to: email@example.com or by post to the address indicated in article 1 of these general conditions. In these last two cases, the Publisher undertakes to provide an answer under 1 working days.
ARTICLE 6. PERSONAL SPACE
6.1. 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 Internet user will be asked to provide a certain amount of personal information. Some of this information is deemed essential for the creation of the personal space. The refusal by an Internet user to provide said information will have the effect of preventing the creation of the personal space as well as, incidentally, the validation of the order.
When creating the personal space, the Internet user is asked to choose a password. This password constitutes the guarantee of the confidentiality of the information contained in the personal space. The Internet user is therefore prohibited from transmitting it or communicating it to a third party. Otherwise, the Publisher cannot be held responsible for unauthorized access to the personal space of an Internet user.
The Customer undertakes to regularly check the data concerning him and to proceed online, from his personal space, to the necessary updates and modifications.
6.2. CONTENT OF THE PERSONAL SPACE
The personal space allows the Customer to consult and follow all his orders made on the Site.
The pages relating to personal spaces are freely printable by the account holder in question, but in no way constitute evidence admissible by a court. They have only an informative character intended to ensure an effective management of its orders by the Customer.
The Publisher undertakes to securely store all contractual elements whose storage is required by law or regulations in force.
6.3. DELETING PERSONAL SPACE
The Publisher reserves the right to delete the account of any Customer who contravenes these general conditions, in particular when the Customer provides inaccurate, incomplete, misleading or fraudulent information, as well as when the personal space of a Customer has remained inactive. for at least a year. Said deletion will not be likely to constitute a fault on the part of the Publisher or damage to the excluded Customer, who will not be able to claim any compensation for this fact.
This exclusion is without prejudice to the possibility for the Publisher to take legal action against the Client, when the facts have justified it.
ARTICLE 7. PERSONAL DATA
As part of its service, the Publisher will be required to process the personal data of its Clients.
7.1. IDENTITY OF THE PROCESSING RESPONSIBLE
The person responsible for collecting and processing data on the Site is the Publisher.
7.2. IDENTITY OF THE DATA PROTECTION OFFICER
The data protection officer is: Christian Fernandez
7.3. DATA COLLECTED
7.3.1. DATA COLLECTED FROM CUSTOMERS
As part of its contractual relations, the Publisher may be required to collect and process information from its Clients, namely: Email, First name and last name, Phone, Address, State, Province, Zip/Postal code, City.
7.3.2. PURPOSES OF THE COLLECTION OF PERSONAL DATA
The data collected during the contractual relationship is subject to automated processing for the purpose of:
- perform contractual commitments;
- contact Customers;
- avoid any illicit or illegal activity;
- enforce the terms and conditions;
- initiate legal proceedings;
- verify the identity of Customers;
7.3.3. LEGAL BASES FOR PROCESSING
The data collected has the legal basis of a contractual relationship.
7.3.4. DATA RECIPIENTS
The data collected can only be consulted by the Publisher within the limits strictly necessary for the performance of contractual commitments.
This data, whether in individual or aggregated form, is never made freely viewable by any third party natural person.
7.3.5. PERIOD OF CONSERVATION OF PERSONAL DATA
The personal data collected is kept for the duration of the contractual relationship, and for the time during which the responsibility of the Publisher may be engaged.
After the retention period, the Publisher undertakes to permanently delete the data of the persons concerned without keeping a copy.
7.3.6. SECURITY AND CONFIDENTIALITY OF PERSONAL DATA
Personal data is stored in secure conditions, according to current technical means, in compliance with the provisions of the General Data Protection Regulations and the national legislation in force.
Access to the Publisher's premises is also secure.
7.3.7. DATA MINIMIZATION
The Publisher may also collect and process any data voluntarily transmitted by its Clients.
The Publisher directs its Customers to provide personal data strictly necessary for the performance of contractual commitments.
The Publisher undertakes to keep 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.
7.4. RESPECT FOR RIGHTS
The Publisher's Clients have the following rights regarding their personal data, which they can exercise by writing to the Publisher's postal address or by completing the online contact form.
7.4.1. RIGHT OF INFORMATION, ACCESS AND COMMUNICATION OF DATA
The Publisher's Clients have the possibility of accessing the personal data which concerns them.
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 (if requested by the dedicated electronic form) or a signed photocopy of their valid identity document (if requested in writing), both accompanied by the words "I certify on my honor that the copy of this identity document conforms to the original. Done at…on…”, followed by their signature.
7.4.2. RIGHT OF CORRECTION, DELETION AND RIGHT TO FORGOTTEN DATA
The Publisher's Customers have the possibility of requesting the rectification, updating, blocking or even the deletion of their personal data which may prove to be inaccurate, erroneous, incomplete or obsolete.
The Publisher's Clients may also define general and specific directives relating to the fate of personal data after their death. If necessary, the heirs of a deceased person may demand that the death of their loved one be taken into consideration and/or that the necessary updates be made.
7.4.3. RIGHT TO OBJECT TO DATA PROCESSING
The Publisher's Clients have the possibility to object to the processing of their personal data.
7.4.4. RIGHT TO DATA PORTABILITY
Publisher's Clients have the right to receive the personal data they have provided to Publisher in a transferable, open and readable format.
7.4.5. RIGHT TO RESTRICTION OF PROCESSING
Publisher's Clients have the right to request that the processing of their personal data by the Publisher be restricted. Thus, their data can only be kept and no longer used by the Publisher.
7.4.6. REPLY DURATION
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 may not exceed 1 month from receipt of the request.
7.4.7. COMPLAINT TO THE COMPETENT AUTHORITY
If the Publisher's Clients consider that the Publisher is not respecting its obligations with regard to their personal data, they can address a complaint or a request to the competent authority. In France, the competent authority is the Cnil to which they can send a request .
7.5. TRANSFER OF COLLECTED DATA
7.5.1. 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 by its service providers of adequate guarantees and compliance with strict conditions in terms of confidentiality, use and data protection, for example via the US Privacy Shield.
The Publisher uses the following subcontractors:
|Partner||Quality||Destination country||Treatment carried out||Warranties|
7.5.2. TRANSFER UPON REQUISITION OR JUDICIAL DECISION
Customers also consent to the Publisher communicating the data collected to any person, at the request of a state authority or by judicial decision.
7.5.3. TRANSFER AS PART OF A MERGER OR ACQUISITION
If the Publisher is involved in a merger, a sale of assets, a financing operation, a liquidation or bankruptcy or in an acquisition of all or part of its activity by another company, the Clients agree that the data collected are transmitted by the Publisher to this company and that this company operates the processing of personal data referred to in these General Conditions of Service instead of the Publisher.
ARTICLE 8. INTELLECTUAL PROPERTY
8.1. LEGAL PROTECTION OF SITE CONTENT
The Contents of the Site are likely to be protected by copyright and database law. Any representation, reproduction, translation, adaptation or transformation, in whole or in part, carried out illegally and without the consent of the Publisher or its successors or assigns constitutes a violation of Books I and III of the Intellectual Property Code and will be liable give rise to legal proceedings for infringement.
8.2. CONTRACTUAL PROTECTION OF SITE CONTENT
The Internet user undertakes contractually with regard to the Publisher not to use, reproduce or represent, in any way whatsoever, the Contents of the Site, whether or not they are protected by an intellectual property right, for a purpose other than that of 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.
8.3. PROTECTION OF TERMS AND CONDITIONS
ARTICLE 9. STIPULATIONS FINALES
9.1. APPLICABLE RIGHT
These general conditions are subject to the application of French law.
9.2. CHANGES TO THESE TERMS AND CONDITIONS
These general conditions may be modified at any time by the Publisher. The general conditions applicable to the Customer are those in force on the day of his order or his connection to this Site, any new connection to the personal space entailing acceptance, where applicable, of the new general conditions.
Under Ordinance No. 2015-1033 of August 20, 2015, any disputes that may arise in the context of the execution of these general conditions and whose solution could not be found beforehand amicably between the parties will have to be submitted.
In addition, the Customer is informed of the existence of the online dispute resolution platform, accessible at the following URL address: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
Since January 1, 2016, mediation has been compulsory for everyone. Thus, any professional selling to individuals is required to communicate the contact details of a competent Mediator in the event of a dispute, regardless of whether he sells remotely or in a physical store (Source: FEVAD).
Meatomania / meatomania.com
The nullity of one of the clauses of this contract will not result in the nullity of the other clauses of the contract or of the contract as a whole, which will retain their full effect and scope. In such a case, the parties must, as far as possible, replace the canceled stipulation with a valid stipulation corresponding to the spirit and object of these presents.
Failure by the Publisher to exercise the rights granted to it herein shall in no way be interpreted as a waiver of the assertion of said rights.
9.6. TELEPHONE SOLICITATION
The Customer is informed that he has the possibility of registering on the list of opposition to cold calling
9.7. LANGUAGES OF THESE TERMS AND CONDITIONS
These general conditions are offered in French.
9.8. ABUSIVE CLAUSES
The stipulations of these general conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning unfair terms in contracts concluded between a professional and a consumer.