Obchodní podmínky

Applicable from 03/11/2021

ARTICLE 1. PARTIES

These general conditions are applicable between KENDRICK PARIS SAS, share capital: € 1000, registered with the RCS of Paris in France on 01/10/1999, under number Paris B 905 204 228, head office: 231 rue Saint Honoré, France, email: store @kendrick.paris, intra-community VAT number: FR17905204228, below “The Publisher” and any person, natural or legal, under 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 content” : 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 Publisher ": KENDRICK PARIS 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 ”: good of any kind sold on the Site by the Publisher to Customers.

“ Site ”: website accessible at the URL kendrick.paris, as well as the related sub-sites, mirror sites, portals and URL variations.

ARTICLE 3. SCOPE OF APPLICATION

The Site is free and open to all Internet users. Browsing the Site implies acceptance by all Internet users of these general conditions. The simple connection to the Site, by any means whatsoever, in particular by the intermediary of a robot or a browser, will imply full and complete acceptance of these general conditions. When registering on the Site, this acceptance will be confirmed by ticking the corresponding box.

The Internet user recognizes by the same fact to have taken full knowledge of them and to accept them without restriction.

Checking 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 value of proof of the Publisher's automatic recording 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 the 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 that Internet users have the necessary legal capacity for this, or failing that they have the authorization of a tutor or curator if they are unable to do so. , their legal representative if they are minors, or they have a mandate if they are acting on behalf of a legal person.

ARTICLE 4. PURPOSE OF THE SITE

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

ARTICLE 5. CUSTOMER SERVICE

The Site's customer service is accessible from the site's contact page: https://kendrick.paris/pages/client or by email at client@kendrick.paris or by post to the address indicated at l article 1 of these general conditions.

ARTICLE 6. PERSONAL SPACE

6.1. Creation of personal space

The creation of a personal space is a 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 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 invited to choose a password. This password constitutes the guarantee of the confidentiality of the information contained in the personal space. The Internet user therefore refrains from transmitting 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 carry out a regular verification of the data concerning him and to proceed online, from his personal space, with the necessary updates and modifications.

6.2. Content of the personal space personal

The 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 do not constitute admissible evidence by a court. They have only an informative character intended to ensure an efficient management of its orders by the Customer.

The Publisher undertakes to keep in a secure manner all the contractual elements whose conservation is required by the law or the regulations in force.

6.3. Deletion of the personal space

The Publisher reserves the right to delete the account of any Client who contravenes these general conditions, in particular when the Client provides inaccurate, incomplete, false or fraudulent information, as well as when the personal space of 'a Client will have been inactive for at least one year. Said deletion will not be liable to constitute 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 Customers.

7.1. Identity of the data controller

The person responsible for collecting and processing data on the Site is the Publisher.

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 Customers, namely: Email, Name and first name, Telephone, Address, state, province, postal code, city.

7.3.2. Purposes of the collection of personal

The data collected during the contractual relationship are subject to automated processing with the aim of:

• contractual commitments;
• contacting Customers;
• avoiding any illicit or illegal activity;
• fulfilling enforcing the general conditions;
• initiating legal proceedings;
• verifying the identity of Customers ;

7.3.3. Legal basis for processing

The data collected has a contractual relationship as a legal basis.

7.3.4. Recipients of the data

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

This data, whether in individual or aggregated form, is never made freely viewable by a third natural person.

7.3.5. Retention period of personal data personal duration of

The data collected are kept for the contractual relationship, and for the time during which the Publisher may be held liable.

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 kept in secure conditions, using current technical means, in compliance with the provisions of the General Data Protection Regulation and the national legislation in force.

Access to the Publisher's premises is also secure.

7.3.7. Data minimization

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

The Publisher guides its Customers so that they provide personal data strictly necessary for the execution 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 Customers have the following rights concerning 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 to information, access and communication of data

The Publisher's Customers have the possibility of accessing personal data concerning 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 (in the event of a request using the dedicated electronic form) or a signed photocopy of their valid identity document (in the event of a written request), both accompanied by the words "I certify on the honor that the copy of this identity document corresponds to the original. Done at… on… ”, followed by their signature.

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

7.4.2. Right of rectification, deletion and right to be forgotten of the data

The Clients of the Publisher have the possibility of requesting the rectification, the update, the blocking, or the erasure of their personal data which may prove to be the if applicable, inaccurate, erroneous, incomplete, or obsolete.

The Publisher's Customers can 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 relative be taken into account and/or to carry out the necessary updates.

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

7.4.3. Right to data processing

Object to The Publisher's Customers has the option of objecting to the processing of their personal data.

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

7.4.4. Right to data portability

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

7.4.5. Right to restriction of processing

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

7.4.6. Response times

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

7.4.7. Complaint with the competent authority

If the Publisher's Customers consider that the Publisher is not respecting its obligations with regard to their personal data, they can submit a complaint or request to the competent authority. In France, the competent authority is the CNIL to which they can send 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 Customers' data. These providers may be located outside the European Union.

The Publisher has previously ensured the implementation by its 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 calls on the following subcontractors:

7.5.2. Transfer upon requisition or judicial decision

Customers also agree that the Publisher communicates the data collected to any person, upon request from 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, sale of assets, financing transaction, liquidation or bankruptcy, or in the acquisition of all or part of its activity by another company, the Customers agree that the data collected will be transmitted by the Publisher to this company and that this company carries out the processing of personal data referred to in these General Terms of Service instead of the Publisher.

ARTICLE 8. INTELLECTUAL PROPERTY

8.1. Legal protection of Site

TheContent is liable 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 his successors or assigns constitutes a violation of Books I and III of the Intellectual Property Code and will be liable to 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 Content 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 general conditions

The conditions of the Site, drawn up by the firm Deshoulières Avocats Associés (www.deshoulieres-avocats.com), are protected by commercial law. Any reproduction, in whole or in part, made without the consent of Deshoulières Avocats Associés may give rise to legal proceedings for parasitism.

ARTICLE 9. FINAL STIPULATIONS

9.1. Applicable law

These general conditions are subject to the application of French law.

9.2. Modifications of these general conditions

These conditions can 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, if applicable, of the new general conditions.

9.3. Disputes

Pursuant to Ordinance No. 2015-1033 of August 20, 2015, all disputes that may arise in the context of the execution of these general conditions and for which the solution cannot be found beforehand amicably between the parts must be submitted to Medicys: www.medicys.fr.

In addition, the Client is informed of the existence of the online dispute resolution platform, accessible at the following URL address: https://ec.europa.eu/consumers/odr/main/

Any dispute relating to or in connection with this contract will be settled by arbitration in accordance with the regulations of the Digital Institute of Arbitration and Mediation: www.fast-arbitre.com.

9.4. Entirety

The nullity of one of the clauses of this contract will not entail 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 by a valid stipulation corresponding to the spirit and the object hereof.

9.5. Non-waiver

The absence of exercise by the Publisher of the rights which are recognized to him by the present can in no case be interpreted as a waiver of the assertion of said rights.

9.6. Telephone canvassing

The Customer is informed that he has the possibility of registering on the list of opposition to telephone canvassing at the address www.bloctel.gouv.fr/.

9.7. Languages ​​of these general conditions

These general conditions are offered in English.

9.8. Unfair clauses

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