General terms and conditions of sale and use
Online date: January 1st 2021.
The present Inadea commercial site is an online sales site freely accessible by any Internet user at the address www.inadea.fr (the ” Site “).
The purpose of the Site is to offer for sale women’s ready-to-wear items under the brand name “INADEA” (hereinafter referred to as the ” Products “).
The Site is edited by Mrs. Carole Ridard, domiciled 99 Rue de Verdun – 92150 Suresnes, and registered under the number 819 586 207 (hereinafter referred to as ” Inadea”).
ARTICLE 1 – PURPOSE – GENERAL PROVISIONS
The present general conditions of sale and use of the Site (hereinafter the ” GCS “) are applicable to the sale of Products by Inadea on the Site to buyers having the quality of consumers (hereinafter the ” Customers “).
The present GTC constitute with the online order the contractual documents opposable to the Parties at the time of the purchase of a Product, to the exclusion of all other conditions, oral or written, exchanged before the conclusion of the present, and to the exclusion of all other documents, such as in particular prospectuses, catalogs or photographs of the Products which have only an indicative value.
The GTC are applicable to Products delivered to consumers established in France or in the territory of the European Union.
The GTC are written as well as all the contractual information mentioned on the Site in French language.
The GTC are available to Customers and any Internet user on the Site, where they can be consulted directly. They can also be communicated on request by telephone, e-mail or post.
By using the Site and placing an order (hereinafter the ” Order “) for a Product, the Customer, by checking a box provided for this purpose, acknowledges having read and accepted these GTC. In addition, by placing an Order under these GTC, the Customer certifies that he/she is a consumer. Validation of the Order shall constitute full and unreserved acceptance by the Customer of the General Terms and Conditions in effect on the date of the Order.
The validation of the Order by its confirmation implies the Customer’s adherence to the GCS in force on the day of the order, the conservation and reproduction of which are assured by Inadea.
Inadea reserves the right to modify its GTC at any time.
In case of modification of the GTC, the applicable GTC are those in force at the date of the order, a copy of which dated to this day can be given to the Customer at his request.
If any part of the T&Cs is found to be illegal, invalid or unenforceable for any reason, such part shall be deemed to be unwritten, without affecting the validity of the remaining provisions, which shall continue to apply.
The fact that Inadea does not avail itself at a given time of any of the stipulations of these GTCs shall not be interpreted as a waiver of the right to avail itself of them at a later date.
ARTICLE 2 – PRODUCTS
The products offered for sale on the Site are each the subject of a description mentioning their essential characteristics within the meaning of Article L. 111-1 of the Consumer Code.
The photographs illustrating the Products are only indicative and do not enter into the contractual field. If they were to be erroneous, Inadea could not be held responsible. Every effort is made to reproduce as faithfully as possible the colors and other characteristics of the Products on the Site. Variations may occur, however, due to the technical limitations of the color rendering of computer equipment. Consequently, Inadea shall not be held responsible for errors or inaccuracies in the photographs or graphic representations of the Products presented on the Site.
Subject to the Products available within the framework of pre-orders, the Products offered for sale by Inadea are valid as long as they are presented on the Site, and within the limits of available stocks.
Information on the availability of the Products is provided at the time the order is placed. In the event that a Product is unavailable after the Order has been placed, the Customer will be informed by e-mail, telephone or mail as soon as possible.
In the event that a Product is found to be unavailable after the Order has been validated, the Order shall be automatically cancelled and the Purchaser shall be reimbursed. These provisions do not apply to pre-orders, for which the estimated availability date is communicated at the time of Order validation.
Inadea shall not be held liable in case of stock shortage or unavailability of the Products, unless the non-performance of the contract is personally attributable to it.
Concerning pre-orders, these are presented on the Site for the Products concerned and the said pre-ordered Products can be purchased on the Site before being available in stock.
The Customer is informed and accepts that the dates of availability of the pre-ordered Products can be modified by Inadea. In this case, the Customer will be informed of this change of date by email.
In any case and in particular in case of unavailability of the Product, the pre-order may be cancelled by Inadea until it is shipped.
The Products comply with the regulations in force relating to the safety and health of persons, the fairness of commercial transactions and consumer protection at the time they are placed on the market, and in particular with the requirements of French law in force at the time they are placed on the market.
ARTICLE 3 – PRICES
3.1 Selling prices
The prices of the Products are quoted in Euros, inclusive of all taxes, but exclusive of shipping and handling charges which will be added to the price before the Order is placed. The amount due by the Customer is indicated on the Order confirmation page.
The selling price of the Products is the one in force at the time of the validation of the Order.
All Orders are payable in Euros.
Inadea reserves the right to modify its prices at any time, but the Products shall be invoiced on the basis of the rates in effect at the time the Order is validated.
Any additional costs, including but not limited to Order processing, shipping, delivery or postage, of which the Customer may have become aware prior to placing the Order, shall be set forth on the Order form.
ARTICLE 4 – OFFER
The online sales offers presented on the Site are reserved for Customers residing in France or in a member country of the European Union and for deliveries in these same geographical areas.
The online sales offers presented on the Site are valid, in the absence of any indication of a particular duration, as long as the Products appear in the electronic catalog and within the limits of available stocks.
The Customer’s acceptance of the offer is validated, in accordance with the double-click process, by the confirmation of the Order.
ARTICLE 5 – ORDERING
5.1 Conclusion of the sales contract
The Customer, in order to place an order, and after having filled his virtual basket by indicating the selected Products and the desired quantities, must click on the button “order” and provide the information relating to the delivery and the method of payment.
The Customer will have the possibility to create an account according to the terms of article 8 and 15 present.
Before confirming the Order, the Customer shall have the opportunity to check the details of the Order and its total price, and to return to the previous pages to correct any errors or to modify the Order.
The acceptance of the offer by the Customer is validated by the confirmation of the Order, entails acceptance of the GTC, and forms a sales contract between Inadea and the Customer.
An email acknowledging receipt of the Order and its payment is sent by Inadea as soon as possible.
5.2 Modification of the Order
Any modification of the Order by the Customer after confirmation of the Order is subject to acceptance by Inadea.
5.3 Order Validation
The order is considered validated once the payment has been accepted and received by Inadea.
Inadea reserves the right to refuse any Order for legitimate reasons and more particularly if the quantities of Products ordered are abnormally high for buyers who are consumers.
ARTICLE 6 – VALIDATION OF THE GSV
The sales contract is formed when the Customer sends the confirmation of his Order.
6.2 Archiving and proof
The archiving of communications, order forms and invoices is carried out on a reliable and durable support so as to constitute a faithful and durable copy. These communications, order forms and invoices may be produced as proof of the contract.
Except contrary proof, the data recorded by Inadea constitute the proof of the whole of the transactions passed between Inadea and its Customers.
The Order may be cancelled by the Customer by registered letter with acknowledgement of receipt or by a written document on another durable medium in the event that:
- delivery of a Product that does not conform to the declared characteristics of the Product; or
- delivery exceeding the deadline set in the purchase order or, in the absence of such a date, within thirty days following the conclusion of the contract, after Inadea has been enjoined, in the same manner and without result, to make the delivery within a reasonable additional period ;
The Order may be cancelled by Inadea in the event that the Customer refuses to take delivery.
ARTICLE 7 – PAYMENT OF ORDERS
The amount due is indicated during the Order validation. The Orders will be validated only after reception and validation of the payment. The payment of the purchases is carried out on the Site, by Bank Card (Visa, Mastercard) or via Paypal.
7.2 Secure payment
The Site is subject to a secure payment system in order to guarantee the security and confidentiality of personal information and in particular banking information of Customers.
7.3 Reservation of ownership
The Products remain the exclusive property of Inadea until full payment of the price.
7.4 Late payment
Any sum not paid on the due date is liable, after formal notice, to interest at the legal rate.
ARTICLE 8 – USE OF THE SITE
8.1 Access to the Site
Subject to compliance with the terms and conditions of these GTC, any Internet user may freely access the Site.
8.2 Creating a personal account
The Customer will be able to create a personal account on the Site.
The Customer must provide all the mandatory information required in the form made available to him/her for the creation of his/her account, the said list being able to be modified by Inadea to ensure the best functioning of the Site. The fact that the Customer does not provide a mandatory information will prevent the creation of his personal account.
The Customer must indicate the information necessary for his identification and in particular his surname, his first name, his postal address, his e-mail address and the creation of a password.
The Customer agrees to provide only accurate information and to update it regularly.
The Customer agrees to set a strong password for access to his account and to guarantee its confidentiality. If the confidentiality of the Customer’s password is compromised, the Customer agrees to inform Inadea as soon as possible so that a new password can be issued. The Customer remains responsible for the use of his personal account until he has informed Inadea of the risk of compromise of confidentiality.
Access to the Customer’s personal account is strictly personal and non-transferable. In this respect, any use of the Customer’s login and password on the Site implies the presumption of the Customer’s connection to the Site. The Customer is thus solely responsible for the use of his login and password, for any information that may be transmitted by the Site and for any use of the Site.
Inadea reserves the right to suspend or close unilaterally, without notice or compensation the personal account of a Customer if the latter provides erroneous, misleading or fraudulent information.
Any Customer retains the possibility of deleting his or her account at any time according to the terms defined by Inadea on the Site or by simple request sent according to the provisions of the present.
ARTICLE 9 – DELIVERY
Delivery shall mean the transfer of physical possession of the Product to Customer or the Order recipient
9.2 Delivery time
Subject to the Products sold as pre-orders, Inadea undertakes, in accordance with the delivery deadline indicated on the Site for each of the Products, to deliver the Products within fifteen (15) days after receipt of the order.
For Orders placed as part of a pre-order process, the Client will be informed of the estimated delivery date of the Product prior to confirmation of the Order. This period shall not exceed four (4) months from the date of purchase. By accepting the GTC, the Customer acknowledges having been informed that the production of the pre-ordered Product may not have started. In no case shall Inadea be held responsible for the absence of delivery of the products before six (6) months after the date of purchase.
9.3 Delay in delivery
When the Product ordered is not delivered on the date or at the end of the period mentioned on the order form, the Customer may, after having unsuccessfully enjoined Inadea to carry out its delivery obligation within a reasonable additional period, cancel the contract by registered letter with acknowledgement of receipt or by a written document on another durable medium.
9.4 Place of delivery
The Products are delivered to the address indicated by the Customer on the order form.
9.5 Terms of delivery
The delivery is made by the direct delivery of the product to the Customer or, failing that, by the sending by Inadea of a notice of availability to the Customer.
Within fifteen (15) days from the notice of availability, the Customer must proceed to the withdrawal of the ordered Product.
In the absence of withdrawal within the indicated period, Inadea may, after a formal notice from the Client, which has remained without effect, proceed with the withdrawal, cancel the order by right. The shipping costs will be charged to the Customer.
When the Product is delivered to the address indicated on the order form by a carrier, it is the Customer’s responsibility to check the condition of the delivered Product in the presence of the delivery person and, in the event of damage or missing items, to express reservations on the delivery note or the transport receipt, and possibly to refuse the Product and to inform Inadea.
9.6 Product Compliance
If the Product does not conform to the Order, the Customer must send a claim to Inadea in order to obtain a replacement of the Product or possibly the resolution of the sale.
9.7 Failure to deliver
The total failure to deliver will result in the automatic cancellation of the sales contract.
9.8 Delivery and transfer of risk
The risk of loss or damage to the Products shall pass to the Customer at the time the Customer, or a third party designated by the Customer, takes physical possession of the goods, regardless of their nature.
The Product, which is delivered to the Customer by a carrier chosen by Inadea, travels at Inadea’s risk.
The Product, which is delivered to the Customer by a carrier chosen by the Customer, travels at the Customer’s risk from the moment of delivery to the carrier.
9.9 Transfer of ownership
From the date of delivery indicated in the order form, and subject to the terms of Article 7.3 hereof, ownership of the Product is transferred to the Customer.
ARTICLE 10 – LEGAL GUARANTEES
It is understood that all Products sold by Inadea benefit from the legal guarantee of conformity (as defined in articles L.217-4 and following of the French Consumer Code) and the guarantee against hidden defects (as defined in articles 1641 to 1649 of the French Civil Code), allowing the Customer to return, free of charge, the defective or non-conforming Products delivered.
10.1 Legal warranty of conformity
The Consumer Code provides the following in terms of the legal guarantee of conformity:
Article L.217-4 of the Consumer Code:
” The seller delivers a good in conformity with the contract and is responsible for the defects of conformity existing at the time of the delivery .
He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at his expense by the contract or has been carried out under his responsibility. “
Article L217-5 of the Consumer Code:
” The property conforms to the contract:
(1) Whether it is fit for the purpose ordinarily expected of similar property and, if so :
- if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
- if it has the qualities that a purchaser may legitimately expect, having regard to the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L217-12 of the Consumer Code:
” The action resulting from the lack of conformity is prescribed by two years as from the delivery of the good. “
If the Customer wishes to implement the legal guarantee of non-conformity, the Customer must contact Inadea directly:
- Within two (2) years from the delivery of the property to act ;
- may choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code ;
- is exempt from proving the existence of the lack of conformity of the goods during the twenty-four months following the delivery of the goods.
10.2 Warranty against hidden defects
The French Civil Code provides for a guarantee against hidden defects in the following terms:
Article 1641 of the Civil Code:
” The seller is bound by the warranty for latent defects in the thing sold which render it unfit for the purpose for which it was intended, or which so diminish that purpose that the buyer would not have acquired it, or would have given only a lesser price for it, if he had known of them. “
Article 1648 paragraph1 of the Civil Code:
“ The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.”
The Customer can decide to implement the guarantee against the hidden defects of the thing sold within the meaning of article 1641 of the Civil code. In this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.
10.3 Exclusion of guarantees
Products modified, repaired, integrated or added by the Customer are notably excluded from the warranty. The warranty will not cover Products damaged due to misuse.
10.4 Consequence of the implementation of the legal guarantees
Within the framework of the legal guarantee of conformity and the legal guarantee against hidden defects, and in the hypothesis of a return of the non-conforming/defective Product founded, Inadea commits itself in agreement with the Customer, after evaluation of the defect, to :
- Replace the Product with an identical Product depending on available stocks; and, in case of unavailability of stock
- Refund the full price, by crediting the Customer’s bank account, no later than fourteen (14) days following receipt of the returned Product if replacement is impossible;
- Refund part of the price of the Product in case the Customer decides to keep the Product.
ARTICLE 11 – LIABILITY
Prior to placing an Order, the Customer declares that he/she has full legal capacity to enter into the present General Terms and Conditions. Inadea can in no case be held to check the legal capacity of its visitors and Customers.
11.2 Conformity of the Products
The Products offered are in conformity with the French legislation in force. The responsibility of Inadea shall not be engaged in case of non-compliance with the legislation of the country of the Customer to whom it is up to verify if the Product is not forbidden for sale in his country.
11.3 Information and description of the Products
Inadea commits to a duty of loyal information and brings the greatest care and the greatest accuracy to the on-line information, to the descriptions of the articles and to the data available on the Site as well as to their regular update.
11.4 Limitation of liability
Inadea will not be held responsible:
- interruptions or delays recorded on the Site due to the execution of maintenance work, technical breakdowns, force majeure, the fact of third parties or any circumstances whatsoever, independent of its will;
- the impossibility for the Customer to access the Site temporarily, due to facts beyond his control, such as: computer breakdowns, interruptions of the telephone network, the Internet network, failure of the reception equipment of the said Internet network, etc.
Inadea does not guarantee that the Site will be available continuously, without temporary interruption, without suspension or without error.
The Customer remains the sole judge of the appropriateness and suitability for his needs and consumption of the items he orders.
Inadea shall not be held liable for any use of the Products that does not comply with their intended purpose.
The responsibility of Inadea cannot be engaged in case of non-performance or bad execution of the contract due to either the fact of the Customer, or to the insurmountable and unforeseeable fact of a third party to the contract, or to force majeure.
Without limiting the scope of the other stipulations of the GCS, the responsibility of Inadea can only be retained in case of proven fault attributable to it. In any event, it will be limited to direct damages only.
11.5 Operation of the Site
Inadea reserves the right to suspend the operation of the Site.
ARTICLE 12 – RESOLUTORY CLAUSE
The termination of the Order in the cases provided for in these GTC shall be pronounced by simple registered letter with acknowledgement of receipt or by e-mail and shall be acquired by operation of law without any judicial formality.
ARTICLE 13 – RIGHT OF WITHDRAWAL AND TIME LIMIT
13.1 Conditions and deadline for exercising the legal right of withdrawal
In accordance with the provisions of Articles L.221-5 and L. 221-18 et seq. of the French Consumer Code, the Customer has a right of withdrawal that he/she may exercise within fourteen (14) days of receipt of the Products by the Customer or by any third party designated by the Customer.
13.2 Products excluded from the legal right of withdrawal
In accordance with article L.221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for Orders that concern, notably, the supply of goods that have been unsealed by the client after delivery and that cannot be returned for reasons of hygiene or health protection, and the supply of Products made to the client’s specifications or that are clearly personalized.
13.3 Consequences of exercising the statutory right of withdrawal
If the Products are subject to the legal right of withdrawal, the Customer exercising his or her right of withdrawal in accordance with the conditions set out in this article shall be entitled to a refund of the Product(s) returned as well as the cost of shipping the Sales Order.
In accordance with Article L221-23 of the French Consumer Code, the cost of returning Products shall be borne by the Client, except in the event that the Products delivered do not conform to the Sales Order (in which case the cost of return shall be borne by Inadea).
How to exercise the right of withdrawal
The Customer must inform Inadea of his or her desire to withdraw within fourteen (14) days following receipt of the Product(s), by notifying Inadea of his or her decision to withdraw by means of an unambiguous statement indicating his or her name, address, telephone number and email address.
In this case, the Customer may use the model withdrawal form attached to these GTC and send it to :
- By mail to the following address INADEA, 99 Rue de Verdun – 92150 Suresnes, France, or,
- by email to the following address: firstname.lastname@example.org
The Customer must return the Products concerned by post within fourteen (14) days following the notification of withdrawal.
If the withdrawal takes place before the Sales Order is received by the Client and if the Sales Order is still in the process of being shipped, the Client is hereby informed that it may be technically difficult for Inadea to block the shipping of Products once the Sales Order has been validated and paid for. The Sales Order will then be forwarded to the Client, who will either refuse the parcel or return the Products concerned within the time limit indicated above.
13.6 General provisions applicable to the return of Products
The Products must be returned to Inadea in a state that allows them to be marketed again (unused Products, in perfect condition accompanied by their original packaging or in packaging that provides equivalent protection for said items during their return transport, accessories, etc.).
Returns of Products sent back beyond the time limits defined above may be refused. The Products must also be accompanied by the Sales Order number, either on the return form provided by Inadea and signed by the Client, or on the retraction form or any other document that expresses the Client’s unambiguous desire to cancel. The use of the return form facilitates the processing of the return by Inadea as soon as possible.
The Customer’s liability may be incurred in the event of depreciation of the Product resulting from handling other than that necessary to establish the nature, characteristics and, where applicable, the proper functioning of the Products.
13.7 Return by parcel or mail
The Customer who wishes to exercise his legal right of withdrawal by returning a Product by mail/package must follow the following instructions:
- Use the original packaging to return the Product(s) concerned.
- Send the parcel or the mail by Registered Letter with Notice of Receipt to the following address
Mrs. Carole Ridard, 99 Rue de Verdun – 92150 Suresnes, France,
Inadea does not accept parcels or mail addressed as postage due.
If the Customer is not able to provide proof that he/she has effectively ensured the deposit of the Product with a carrier, any risk related to the return of a Product is at the expense of the Customer.
13.8 Sample withdrawal form
The sample withdrawal form is at the bottom of the document.
ARTICLE 14 – INTELLECTUAL PROPERTY
Any redistribution, reproduction or total or partial commercialization of the content of the Inadea Site, in any form whatsoever, is strictly prohibited.
The trademark “INADEA” is a French word mark filed and registered with the INPI under number 4587844 in classes 14; 18; 25.
The elements reproduced on the Site, and in particular the brand, logo, drawings, graphics, samples, brochures, documents and other similar materials, photographs, visuals, texts, drawings and images or others, databases, programs, software, videos, without this list being restrictive, which are the exclusive property of Inadea, are protected by intellectual property rights of which Inadea is the sole owner.
The brand, logo, and/or any other distinctive sign, if applicable the company name and/or the sign, the drawings, models, samples, brochures, materials, documents, projects, memos, plans, studies, descriptions, consultations, opinions, conclusions or other procedural acts, methods, processes, techniques, developments, designs, techniques, and know-how, documents, and other similar elements, without this list being limitative, provided by Inadea are the exclusive property of Inadea.
The brand, the logo, and/or any other distinctive sign may not be used by the Customer, except in the case of a special dispensation.
The present GTC shall not have the effect of conferring any right to the Customer on the intellectual property rights of Inadea.
The Client agrees not to reproduce, represent, distribute, adapt and/or modify, in any way and for any reason whatsoever, even partially, these elements without the express, written and prior authorization of Inadea. Any exploitation without prior written authorization of Inadea exposes the offenders to legal proceedings.
The Client also refrains from distributing, marketing, exploiting and more generally making available or conceding the use of the aforementioned elements to third parties without the express written consent of Inadea.
Any unauthorized exploitation of the Site or of any of the elements it contains will be considered as constituting an infringement and will be prosecuted in accordance with the provisions of articles L.335-2 et seq. of the Intellectual Property Code.
Finally, Inadea declares that it holds all intellectual property rights to the works reproduced in the Products.
In general, the Order does not imply any transfer of intellectual property rights to the works reproduced on the Products, nor does it imply any endorsement or guarantee on behalf of the Customer or third parties.
ARTICLE 15 – PERSONAL DATA
Information related to the Order, including certain personal data (“personal data”), is collected by the Company. Personal Data “) of the Customer are subject to automated data processing, and in compliance with the laws and regulations in force relating to the protection of personal data (the ” Applicable Regulations “), and in particular as of the date hereof the provisions of Regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (the ” RGPD “) and the French Data Protection Act of January 6, 1978 as amended (the ” LIL “).
15.1 Collection of Personal Data
The Personal Data that are collected on the Site are the following:
15.1.1 Opening an account
When creating the Customer’s account, the Customer’s last name, first name, postal address, e-mail address, telephone number and date of birth are required.
In the course of using the Site, the Site may collect the user’s connection and location data.
In order to place an Order, the Customer shall record, in particular, his/her surname, first name, address, e-mail address, telephone number and payment details.
In the context of the payment of the Products offered on the Site, the Site records financial data relating to the Customer’s bank account or credit card.
15.2 Use of Personal Data
The Personal Data collected from users is intended to provide and improve the services of the Site and to maintain a secure environment.
Specifically, the uses are as follows:
- access and use of the site by the user;
- management of the operation and optimization of the Site;
- organization of the conditions of use of payment services ;
- verification, identification and authentication of the data transmitted by the user;
- implementation of a Customer assistance ;
- fraud prevention and detection, malicious software and security incident management;
- management of possible disputes with users;
- sending commercial and advertising information, according to the user’s preferences.
15.3 Sharing of Personal Data with third parties
Personal Data may be shared with third party companies in the following cases:
- when the Customer uses the payment services, for the implementation of these services, the Site is in relation with third party banking and financial companies with which it has contracts;
- when the user publishes, in the free comment areas of the Site, information accessible to the public;
- when the user authorizes a third party’s website to access his/her data;
- when the Site uses service providers to provide user support, advertising and payment services. These service providers have limited access to the user’s data in the context of the execution of these services and are contractually obliged to use them in accordance with the provisions of the applicable regulations on the protection of personal data;
- If required by law, the Site may transmit data to respond to claims against the Site and to comply with administrative and judicial proceedings;
- if the Site is involved in a merger, acquisition, sale of assets or receivership, it may be required to sell or share all or part of its assets, including Personal Information. In this case, users would be informed before personal data is transferred to a third party.
In the event that Inadea’s partners and service providers are located outside of the European Union, the Personal Data thus collected may in this case be transferred to countries outside of the European Union, whose legislation on the protection of personal data differs from that of the European Union, it being specified that, in the event that the recipient country or countries do not ensure a level of data protection equivalent to that of the European Union, Inadea undertakes to take all appropriate guarantees, either on the basis of a decision of adequacy or, in the absence of such a decision, on the basis of appropriate guarantees and to conclude with the said subcontractors and partners specific contracts to supervise and secure the transfer of the Personal Data of the Customers and users, in particular on the basis of the standard contractual clauses adopted, a copy of which may be requested from the contact details provided herein.
15.4 Security and Privacy
Inadea implements organizational, technical, software and physical measures in terms of digital security to protect Personal Data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Site cannot guarantee the security of the transmission or storage of information over the Internet.
15.5 Implementation of user rights
In accordance with the Applicable Regulations, users have the following rights:
- They can update or delete their data by logging into their account and configuring their account settings;
- they can delete their account by writing to the following email address: email@example.com. Note that information shared with other users, such as forum postings, may remain publicly visible on the Site, even after their account is deleted;
- they can exercise their right of access, to know the Personal Data concerning them, by writing to the following e-mail address: firstname.lastname@example.org. In this case, before implementing this right, the Site may request proof of the user’s identity in order to verify its accuracy;
- if the Personal Data held by the Site is inaccurate, they may request that the information be updated, by writing to the following e-mail address: email@example.com ;
- Users may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the following e-mail address: firstname.lastname@example.org.
15.6 Evolution of this clause
Inadea reserves the right to make any modification to the present clause relating to the protection of Personal Data at any time. If a modification is made to the present clause of protection of personal data, Inadea undertakes to publish the new version. Inadea will also inform the users of the modification by email, in a minimum delay of 15 days before the effective date. If the user does not agree with the terms of the new wording of the Personal Data protection clause, he/she has the possibility to delete his/her account.
ARTICLE 16 – MEDIATION
In case of dispute, the Customer shall address in priority to Inadea
In case of failure of the claim request to Inadea or in the absence of answer within two months, the Customer can submit the dispute relating to the order form or to the present GTC opposing him to Inadea to the mediator of which Inadea is a part (__________________). The mediator will try, in all independence and impartiality, to bring the Parties together in order to reach an amicable solution.
To submit a request for mediation, the Customer has a claim form available on the mediator’s website.
The parties to the contract remain free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.
ARTICLE 17 – APPLICABLE LAW AND DISPUTES
17.1 Applicable law
The present general conditions of sale and the contractual relations between Inadea and the Customer are subjected to the French law.
In case of dispute relating to the existence, interpretation, conclusion, execution or breach of contract, an amicable solution will be sought before any legal action. In the absence of an amicable agreement, the dispute will be submitted to the competent courts under the conditions of common law.
APPENDIX – SAMPLE WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract)
To the attention of Mrs. Carole Ridard, 99 Rue de Verdun – 92150 Suresnes, France,
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the following goods:
Ordered on (*)/received on (*) :
Name of client(s): ____________
Customer(s) address: ____________
Signature of client(s) (only if notifying this form on paper) : ____________
(*) Cross out what is not applicable.