TERMS OF SERVICE

GOOD KISSES FROM PANAM

 

ARTICLE 1. LEGAL INFORMATION

The Bons Kisses de Paname site (the “Site”) is published by:

SAS Bons Kisses de Paname, a simplified joint stock company with capital of 20,000 euros, whose head office is located at 21 Place de la République, 75003 Paris, registered with the PARIS RCS under number 828 275 420, including the individual number of intra-community identification: FR67828275420, and represented by its President, Mr. Luc Chen.

Email address: hello@bonsbaisersdepaname.com

The publication director of the Site is:

Mr. Luc Chen.

The Bons Kisses de Paname Site is hosted by:

Shopify Inc., whose head office is located at 150 Elgin Street, Suite 800 Ottawa, ON K2P 1L4 Canada

Telephone number: +1-888-746-7439

ARTICLE 2. PRESENTATION OF THE SITE

The Bons Kisses de Paname Site accessible at the address: https://www.bonsbaisersdepaname.com/ aims to sell shoes, fashion accessories, and clothing online.

ARTICLE 3. CONTACT

For any questions or requests for information regarding the Site, or any reports of illegal content or activities, the user can contact the publisher at the following email address:

hello@bonsbaisersdepaname.com

or send a registered letter with acknowledgment of receipt to:

SAS Good kisses from Paname

21 Place de la République 75003 Paris

ARTICLE 4. ACCEPTANCE OF THE TERMS OF USE

Access and use of the Site are subject to acceptance and compliance with these General Conditions of Use (hereinafter the “ T&Cs ”).

The publisher reserves the right to modify, at any time and without notice, the Site and services as well as these T&Cs, in particular to adapt to changes to the Site by the provision of new functionalities or the deletion or modification of the Site. modification of existing functionalities.

The user is therefore advised to refer before any navigation to the latest version of the T&Cs, accessible at any time on the Site. In the event of disagreement with the T&Cs, no use of the Site may be made by the user.

ARTICLE 5. ACCESS AND NAVIGATION

Subject to compliance with the terms and conditions of these T&Cs, any Internet user can access the Site freely and free of charge.

The publisher implements the technical solutions at its disposal to allow access to the Site 24 hours a day, 7 days a week. It may nevertheless at any time suspend, limit or interrupt access to the Site or to certain pages of this in order to carry out updates, modifications of its content or any other action deemed necessary for the proper functioning of the Site.

Connection and navigation on the Bons Kisses de Paname Site constitutes unreserved acceptance of these General Conditions of Use, whatever the technical means of access and the terminals used.

These T&Cs apply, as necessary, to any variation or extension of the Site on existing or future social and/or community networks.

ARTICLE 6. SITE MANAGEMENT

For the proper management of the Site, the publisher may at any time:

• Suspend, interrupt or limit access to all or part of the Site, reserve access to the Site, or certain parts of the Site, for a specific category of Internet user;
• Delete any information that may disrupt its operation or contravene national or international laws;
• Suspend the Site in order to carry out updates.

ARTICLE 7. SERVICES RESERVED FOR REGISTERED USERS

 

7.1 REGISTRATION

 

Access to certain services, and in particular to all paid services, is conditional on the user's registration.

Registration and access to the Site's services are reserved exclusively for legally capable individuals, having completed and validated the registration form available online on the Bons Kisses de Paname Site, as well as these General Conditions of Use.

When registering, the user undertakes to provide accurate, sincere and up-to-date information about their person and marital status. The user must also carry out regular verification of the data concerning him in order to maintain its accuracy.

The user must therefore provide a valid e-mail address, on which the Site will send him confirmation of his registration for its services. An email address cannot be used more than once to register for the Services.

Any communication made by Bons Kisses de Paname and its partners is therefore deemed to have been received and read by the user. The latter therefore undertakes to regularly consult the messages received on this e-mail address and to respond within a reasonable time if necessary.

Only one registration for the Site's services is permitted per natural person.

The user is assigned an identifier allowing him to access a space to which access is reserved for him (hereinafter "Personal Space"), in addition to entering his password.

The username and password can be modified online by the user in their Personal Space. The password is personal and confidential, the user therefore undertakes not to communicate it to third parties.

The user undertakes to define a strong password for access to his account and to guarantee its confidentiality. If the confidentiality of the user's password is compromised, the user undertakes to inform Bons Kisses de Paname 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 Bons Kisses de Paname of the risk of compromising confidentiality.

Access to the user's personal account is strictly personal and non-transferable. As such, any use of the user's identifier and password on the Site presupposes the user's connection to the Site. The user is therefore solely responsible for the use of his username and password, any information that may be transmitted by the Site as well as any use of the Site.

Bons Kisses de Paname reserves the right to suspend or close unilaterally, without notice or compensation, a user's personal account if the user provides erroneous, misleading or fraudulent information.

Bons Kisses de Paname reserves the right in any case to refuse a request for registration to the services in the event of non-compliance by the User with the provisions of these T&Cs.

7.2 UNSUBSCRIBE

The regularly registered user can request to unsubscribe at any time by going to the dedicated page in their Personal Space. Any unsubscription from the Site will be effective immediately after the user has completed the form provided for this purpose.

ARTICLE 8. RESPONSIBILITIES

The publisher is only responsible for the content that he himself published.

The publisher is not responsible:

- in the event of technical or IT problems or failures or compatibility of the Site with any hardware or software;

- direct or indirect, material or immaterial, foreseeable or unforeseeable damage resulting from the use or difficulties in using the Site or its services;

- the intrinsic characteristics of the Internet, in particular those relating to the lack of reliability and the lack of security of the information circulating there;

- illicit content or activities using its Site, without taking due action.

Furthermore, the Site cannot guarantee the accuracy, completeness, or timeliness of the information disseminated there.

The user is responsible:

- the protection of its equipment and data;

- the use he makes of the Site or its services;

- if it respects neither the letter nor the spirit of these T&Cs.

ARTICLE 9. HYPERTEXT LINKS

 

The Site may contain hypertext links pointing to other Internet Sites over which Bons Kisses de Paname does not exercise control. Despite the prior and regular checks carried out by the publisher, the latter declines all responsibility for the content that can be found on these sites.

The publisher authorizes the establishment of hypertext links to any page or document on its Site provided that the establishment of these links is not carried out for commercial or advertising purposes.

In addition, prior information from the Site editor is necessary before any hyperlink is set up.

Excluded from this authorization are Sites disseminating information of an illicit, violent, controversial, pornographic, xenophobic nature or which may offend the sensibilities of the greatest number of people.

Finally, Bons Kisses de Paname reserves the right to remove at any time a hyperlink pointing to its Site, if the Site considers it to be non-compliant with its editorial policy.

ARTICLE 10. PROTECTION OF PERSONAL DATA

Certain personal data of the user are subject to automated data processing, in accordance with the laws and regulations in force relating to the protection of personal data (the “ Applicable Regulations ”), and in particular the date hereof the provisions of Regulation 2016/679 of April 27, 2016 relating to the protection of individuals with regard to the processing of personal data and the free movement of such data (the “ GDPR ” Regulation) and the Data Protection Act of January 6, 1978 as amended (the “ LIL ”).

The Bons Baisers de Paname privacy policy is accessible under this link .

The user can also register free of charge on the list opposing telephone canvassing on the website www.bloctel.gouv.fr .

ARTICLE 11. INTELLECTUAL PROPERTY

The structure of the Site but also the texts, graphics, images, photographs, sounds, videos and computer applications which compose it are the property of the publisher and are protected as such by the laws in force regarding intellectual property.

Any representation, reproduction, adaptation or partial or total exploitation of the contents, registered trademarks and services offered by the Site, by any means whatsoever, without the prior, express and written authorization of the publisher, is strictly prohibited and would be liable to constitute an infringement within the meaning of articles L. 335-2 et seq. of the Intellectual Property Code. And this, with the exception of elements expressly designated as royalty-free on the Site.

Access to the Site does not constitute recognition of a right and, generally speaking, does not confer any intellectual property rights relating to an element of the Site, which remain the exclusive property of the publisher.

The user is prohibited from entering data on the Site which would modify or be likely to modify its content or appearance.

Any redistribution, reproduction or total or partial commercialization of the content of the Bons Kisses de Paname Site, in any form whatsoever, is strictly prohibited.

The elements reproduced on the Site, and in particular the brand, logo, drawings, graphics, samples, brochures, documents and other similar material, photographs, visuals, texts, drawings and images or others, databases, programs, software, videos, without this list being exhaustive, which are the exclusive property of Bons Kisses de Paname, are protected by intellectual property rights of which Bons Kisses de Paname is the sole owner.

The brand, logo, and/or any other distinctive sign, company name, sign, designs, models, samples, brochures, materials, prototypes, documents, projects, memos, plans, studies, descriptions, consultations, opinions , conclusions or other procedural acts, methods, processes, techniques, developments, designs, techniques, and know-how, source and computer codes, document software, electronic mechanisms and systems, and other similar elements, without this list being limited, provided by Bons Kisses de Paname are the exclusive property of Bons Kisses de Paname.

The brand, logo, company name and/or any other distinctive sign may under no circumstances be used by the user, unless a specific exemption is provided.

These General Terms and Conditions cannot have the effect of conferring any right whatsoever on the user over the intellectual property rights of Bons Kisses de Paname.

The user undertakes not to reproduce, represent, distribute, adapt and/or modify, in any way and for any reason whatsoever, even partially, these elements without express, written and prior authorization from Bons Kisses de Paname. Any exploitation without prior written authorization of Bons Kisses de Paname exposes offenders to legal proceedings.

The user is also prohibited from distributing, marketing, exploiting and more generally making available or granting the use of these same aforementioned elements to third parties without the express written consent of Bons Kisses de Paname.

Any unauthorized use of the Site or any of the elements it contains will be considered as constituting an infringement and prosecuted in accordance with the provisions of articles L.335-2 et seq. of the Intellectual Property Code.

In general, the authorization of use provided for herein will not entail any transfer of rights or guarantee, whatever the title, for the benefit of the user or that of the third party. For the avoidance of doubt, the rights granted hereunder do not constitute, under any applicable law, an assignment of rights, and may not be assigned.

ARTICLE 12. APPLICABLE LAW – MEDIATION – COMPETENT JURISDICTION

12.1 APPLICABLE LAW

Without prejudice to any applicable mandatory rules, these T&Cs are governed by French law.

12.2 MEDIATION

In the event of a dispute between the professional and the consumer, they will endeavor to find an amicable solution.

In the absence of an amicable agreement, the consumer has the possibility of contacting the consumer mediator to whom the professional reports, namely the Association of European Mediators (AME CONSO), free of charge, within one year of the complaint. written addressed to the professional.

The referral to the consumer mediator must be made:

• either by completing the form provided for this purpose on the AME CONSO website: mediationconso-ame.com ;
• or by mail addressed to AME CONSO, 11 Place Dauphine – 75001 PARIS.

12.3 Furthermore, in accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up a dispute resolution platform, intended to collect complaints from consumers relating to an online purchase. This platform is accessible. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/ .

12.4 DISPUTES

In the absence of an amicable agreement, the dispute will be submitted to the competent courts under the conditions of common law.