Terms of service
General Terms of Use for the website misaparis.com
effective from 06/04/2021
ARTICLE 1. PARTIES
This shipping policy applies between Mireille Paris, registered with the Paris Trade and Companies Register in France on 11/04/2019 under number 853108058, registered office: 15 bis rue de Marignan, 75008 Paris France, phone WhatsApp: 0677733253, email: serviceclient@misaparis.com VAT not applicable, Article 293B of the French General Tax Code, hereinafter referred to as "the Publisher," and any individual or legal entity, whether private or public, registered on the Site to purchase a Product, hereinafter referred to as "the Client."
The company is registered under SIREN number 853108058.
These general terms and conditions apply between {VAT not applicable, Article 293B of the French General Tax Code, hereinafter referred to as "the Publisher," and any individual or legal entity, whether private or public, registered on the Site to purchase a Product, hereinafter referred to as "the Client."
"Client": any individual or legal entity, whether private or public, registered on the Site.
"Site Content": any type of material published on the Site, whether protected by intellectual property rights or not, such as texts, images, designs, presentations, videos, diagrams, structures, databases, or software.
"The Publisher": Mireille Paris in their capacity as publisher of the Site.
"User": any individual or legal entity, whether private or public, connecting to the Site.
"Product": any type of good sold on the Site by the Publisher to Clients.
"Site": the website accessible at https://misaparis.com, as well as related sub-sites, mirror sites, portals, and URL variations.
ARTICLE 3. SCOPE OF APPLICATION
The Site is freely and openly accessible to any User. Browsing the Site implies full acceptance of these general terms and conditions by any User. Simply connecting to the Site, by any means whatsoever, including via a robot or browser, constitutes full and complete acceptance of these general terms and conditions. When registering on the Site, this acceptance will be confirmed by checking the corresponding box.
By doing so, the User acknowledges having fully read and accepted them without reservation.
Checking the aforementioned box will be considered equivalent to a handwritten signature by the User. The User acknowledges the evidential value of the Publisher's automatic recording systems and, unless they provide evidence to the contrary, waives the right to contest them in the event of a dispute.
These general terms and conditions apply to the relationship between the parties to the exclusion of all other terms, including those of the User.
Acceptance of these general terms and conditions implies that Users have the legal capacity required to do so, or, failing that, that they have authorization from a guardian or curator if they are incapacitated, from their legal representative if they are minors, or that they hold a mandate if acting on behalf of a legal entity.
ARTICLE 4. PURPOSE OF THE SITE
The purpose of the Site is to sell Products to Clients.
ARTICLE 5. CUSTOMER SERVICE
The Site's customer service is available from Monday to Friday. The service is available Monday to Friday from 9:00 a.m. to 7:00 p.m. at the non-premium WhatsApp number: 0677733253, by email at: misaparis.makeup@gmail.com or by mail at 37 rue des Mathurins at the address indicated in Article 1 of these general terms and conditions. In the latter two cases, the Publisher undertakes to respond within 2 business days.
ARTICLE 6. PERSONAL ACCOUNT
6.1. Creating a personal account
Creating a personal account is an essential prerequisite for any order placed by a User on the Site. To this end, the User will be asked to provide certain personal information. Some of this information is considered essential for creating the personal account. Refusal by a User to provide such information will prevent the creation of the personal account and, consequently, the validation of the order.
When creating the personal account, the User is asked to choose a password. This password ensures the confidentiality of the information contained in the personal account. The User therefore agrees not to disclose or share it with any third party. Otherwise, the Publisher cannot be held responsible for unauthorized access to a User’s personal account.
The Client agrees to regularly review their personal data and to update and modify it as necessary online from their personal account.
6.2. Content of the personal account
The personal account allows the Client to view and track all their orders placed on the Site.
The pages related to personal accounts can be freely printed by the account holder, but do not in any way constitute admissible evidence in a court of law. They are for informational purposes only and are intended to help the Client manage their orders efficiently.
The Publisher undertakes to securely store all contractual elements that are required by law or current regulations to be retained.
6.3. Deletion of the personal account
The Publisher reserves the right to delete the account of any Client who violates these general terms and conditions, particularly when the Client provides inaccurate, incomplete, false, or fraudulent information, as well as when a Client’s personal account has been inactive for at least one year. Such deletion shall not constitute a fault on the part of the Publisher or damage to the excluded Client, who will not be entitled to any compensation as a result.
This exclusion does not affect the Publisher’s right to initiate legal proceedings against the Client when justified by the circumstances.
ARTICLE 7. PERSONAL DATA
As part of its services, the Publisher may process personal data of its Clients.
7.1. Identity of the data controller
The data controller 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: Etienne Deshoulières, 121 boulevard de Sébastopol 75002 Paris, contact@deshoulieres-avocats.com, 01 77 62 82 03, www.deshoulieres-avocats.com" always taking care to create a hyperlink on our website URL
7.3. Data collected
7.3.1. Data collected from clients
As part of its contractual relationships, the Publisher may collect and process information from its Clients.
7.3.2. Purposes of collecting personal data
The data collected during the contractual relationship is subject to automated processing for the purpose of:
- fulfilling contractual obligations;
- contacting Clients;
- preventing any illicit or illegal activity;
- enforcing the general terms and conditions;
- initiating legal proceedings;
- verifying the identity of Clients;
7.3.3. Legal basis for processing
The legal basis for the data collected is a contractual relationship.
7.3.4. Data recipients
The collected data can only be accessed by the Publisher, and only to the extent strictly necessary for fulfilling contractual obligations.
This data, whether in individual or aggregated form, is never made freely viewable by any third party.
7.3.5. Retention period for personal data
The personal data collected is retained for the duration of the contractual relationship, and for as long as the Publisher may be held liable.
Once the retention period has expired, the Publisher undertakes to permanently delete the data of the individuals concerned without keeping a copy.
7.3.6. Security and confidentiality of personal data
Personal data is stored securely, using current technical means, in compliance with the provisions of the General Data Protection Regulation and applicable national law.
Access to the Publisher’s premises is also secured.
7.3.7. Data minimization
The Publisher may also collect and process any data voluntarily provided by its Clients.
The Publisher guides its Clients to provide only the personal data strictly necessary to fulfill contractual obligations.
The Publisher undertakes to retain and process only the data strictly necessary for its professional activities, and will delete any data received that is not useful for its activities as soon as possible.
7.4. Respect for rights
Clients of the Publisher have the following rights concerning their personal data, which they may exercise by writing to the Publisher’s mailing address or by filling out the online contact form.
7.4.1. Right to information, access, and communication of data
Clients of the Publisher have the ability to access the personal data that concerns them.
Due to the obligation of security and confidentiality in processing personal data incumbent on the Publisher, requests will only be processed if Clients provide proof of their identity, notably by providing a scan of their valid ID (in the case of a request made via the dedicated electronic form) or a signed photocopy of their valid ID (in the case of a request sent in writing), both accompanied by the statement: "I hereby certify that this copy of my ID is a true copy of the original. Done at ... on ...", followed by their signature.
To assist them in their request, Clients will find here a sample letter prepared by the CNIL.
7.4.2. Right to rectification, deletion, and the right to be forgotten
Clients of the Publisher have the ability to request the correction, updating, blocking, or deletion of their personal data which may, where applicable, be inaccurate, incorrect, incomplete, or outdated.
Clients of the Publisher may also define general and specific directives regarding the fate of their personal data after their death. Where applicable, the heirs of a deceased person may require that the death of their loved one be taken into account and/or that necessary updates be made.
To assist them in their request, Clients will find here a sample letter prepared by the CNIL.
7.4.3. Right to object to data processing
Clients of the Publisher have the ability to object to the processing of their personal data.
To assist them in their request, Clients will find here a sample letter prepared by the CNIL.
7.4.4. Right to data portability
Clients of the Publisher have the right to receive the personal data they have provided to the Publisher in a transferable, open, and readable format.
7.4.5. Right to restriction of processing
Clients of the Publisher have the right to request that the processing of their personal data by the Publisher be restricted. In this case, their data may only be retained and no longer used by the Publisher.
7.4.6. Response times
The Publisher undertakes to respond to any request for access, rectification, objection, or any other supplementary request for information within a reasonable timeframe not exceeding 1 month from receipt of the request.
7.4.7. Complaint to the competent authority
If Clients of the Publisher believe that the Publisher is not complying with its obligations regarding their personal data, they may file a complaint or request with the competent authority. In France, the competent authority is the CNIL, to which they may submit a request here.
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 Clients’ data. These service providers may be located outside the European Union.
The Publisher has previously ensured that its service providers have implemented adequate safeguards and comply with strict conditions regarding confidentiality, use, and protection of data, for example via the US Privacy Shield.
7.5.2. Transfer upon request or judicial decision
Clients also consent to the Publisher disclosing collected data to any person, upon request from a government authority or by court order.
7.5.3. Transfer in the context of a merger or acquisition
If the Publisher is involved in a merger, asset sale, financing transaction, liquidation or bankruptcy, or in an acquisition of all or part of its business by another company, Clients consent to the collected data being transferred by the Publisher to that company and for that company to process the personal data as set forth in these General Terms of Service in place of the Publisher.
ARTICLE 8. INTELLECTUAL PROPERTY
8.1. Legal protection of Site Content
The Site Content may be protected by copyright and database rights. Any representation, reproduction, translation, adaptation, or transformation, in whole or in part, carried out illegally and without the consent of the Publisher or its successors or assigns constitutes a violation of Books I and III of the French Intellectual Property Code and may result in legal action for infringement.
8.2. Contractual Protection of Site Content
The User contractually agrees with the Publisher not to use, reproduce, or display, in any manner whatsoever, the Site Content, whether or not it is protected by intellectual property rights, for any purpose other than reading it with a robot or browser. This prohibition does not apply to indexing robots whose sole purpose is to scan the Site content for indexing purposes.
8.3. Protection of the General Terms and Conditions
The Site’s general terms and conditions, drafted by Deshoulières Avocats Associés (www.deshoulieres-avocats.com), are protected by commercial law. Any reproduction, in whole or in part, carried out without the consent of Deshoulières Avocats Associés may result in legal action for unfair competition.
ARTICLE 9. FINAL PROVISIONS
9.1. Governing Law
These general terms and conditions are subject to French law.
9.2. Amendments to These General Terms and Conditions
These general terms and conditions may be modified at any time by the Publisher. The general terms and conditions applicable to the Client are those in effect on the day of their order or connection to this Site; any new connection to the personal area implies acceptance, if applicable, of the new general terms and conditions.
9.3. Disputes
Pursuant to Ordinance No. 2015-1033 of August 20, 2015, any disputes that may arise in the execution of these general terms and conditions and whose resolution could not be found amicably between the parties must be submitted to Medicys: www.medicys.fr.
Furthermore, the Client is informed of the existence of the online dispute resolution platform, accessible at the following URL: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
Any dispute relating to this contract or in connection with it will be settled by arbitration in accordance with the rules of the Digital Institute of Arbitration and Mediation: www.fast-arbitre.com.
9.4. Entire Agreement
The invalidity of any clause of this contract will not result in the invalidity of the other clauses or of the contract as a whole, which will remain in full force and effect. In such a case, the parties shall, as far as possible, replace the invalidated provision with a valid provision that reflects the spirit and purpose of these terms.
9.5. No Waiver
The failure of the Publisher to exercise any rights granted by these terms shall in no way be interpreted as a waiver of those rights.
9.6. Do Not Call List
The Client is informed that they may register on the do-not-call list at the following address: http://www.bloctel.gouv.fr/.
9.7. Language of These General Terms and Conditions
These general terms and conditions are provided in French.
9.8. Unfair Clauses
The provisions of these general terms and conditions apply subject to compliance with the mandatory provisions of the French Consumer Code regarding unfair terms in contracts concluded between a professional and a consumer.