Terms of service

Terms and conditions of use of the Poécile website 

Effective as of 18/11/2021

ARTICLE 1. 

These general terms and conditions apply between Léa Chonier, a sole proprietorship registered with the Clermont-Ferrand Trade and Companies Register in France on 18/02/2021, under number 894 231 034, with its registered office at 19 Rue de la Croix Rouge, 63550 Saint-Rémy sur Durolle, France, phone: +33641668703, email: hello@poecile.fr, intra-community VAT number: FR04894231034, hereinafter referred to as "the Publisher", and any natural or legal person, under private or public law, registered on the Website to purchase a Product, hereinafter referred to as "the Client".

ARTICLE 2. DEFINITIONS

• “Client”: any natural or legal person, under private or public law, registered on the Website.

• “Website Content”: all types of content published on the Website, whether protected by intellectual property rights or not, such as texts, images, designs, presentations, videos, diagrams, structures, databases, or software.

• “Publisher”: Léa Chonier, sole proprietor, acting as publisher of the Website.

• “User”: any natural or legal person, under private or public law, connecting to the Website.

• “Product”: any type of good sold on the Website by the Publisher to Clients.

• “Website”: the website accessible at the URL Poécile, including its sub-sites, mirror sites, portals, and related URL variations.

ARTICLE 3. SCOPE OF APPLICATION

The Website is freely and publicly accessible to any User. Browsing the Website implies full acceptance by any User of these general terms and conditions. Simply accessing the Website, by any means—whether via a bot or a browser—constitutes full and unconditional acceptance of these general terms and conditions. Upon registration on the Website, this acceptance is confirmed by ticking the appropriate checkbox.

By doing so, the User acknowledges having fully read and accepted these terms without restriction.

Ticking the aforementioned checkbox is considered to have the same legal value as a handwritten signature by the User. The User acknowledges the evidentiary value of the Publisher's automatic recording systems and, unless proven otherwise, waives the right to contest them in the event of a dispute.

These general terms and conditions apply exclusively to the relationship between the parties, excluding any other conditions, including those of the User.

Acceptance of these terms and conditions implies that Users have the legal capacity to do so, or otherwise have the authorization of a guardian or custodian if legally incapable, their legal representative if a minor, or hold a mandate if acting on behalf of a legal entity.

ARTICLE 4. PURPOSE OF THE WEBSITE

The purpose of the Website is to sell Products to Clients.

ARTICLE 5. CUSTOMER SERVICE

The Website's customer service is available via the contact page on the site: poecile.fr, by email at hello@poecile.fr, or by postal mail to the address listed in Article 1 of these general terms and conditions.

ARTICLE 6. PERSONAL ACCOUNT

6.1. Creation of the personal account

Creating a personal account is a necessary prerequisite for any order placed by a User on the Website. To this end, the User will be asked to provide a certain amount of personal information. Some of this information is considered essential for the creation of the personal account. Failure to provide such information will prevent the creation of the personal account and, consequently, the validation of the order.

When creating their personal account, the User is asked to choose a password. This password guarantees the confidentiality of the information contained in the personal account. The User therefore agrees not to transmit or disclose it to any third party. Otherwise, the Publisher cannot be held responsible for any unauthorized access to the User’s personal account.

The Client agrees to regularly verify their personal information and to make any necessary updates or changes online through their personal account.

6.2. Content of the personal account

The personal account allows the Client to consult and track all their orders placed on the Website.

The pages related to personal accounts may be freely printed by the account holder but do not 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 agrees to securely retain all contractual elements whose retention is required by applicable law or regulations.

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, especially if the Client provides inaccurate, incomplete, misleading, or fraudulent information, or if their personal account has remained 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 shall not be entitled to any compensation as a result.

This exclusion does not preclude the Publisher from taking legal action against the Client when justified by the circumstances.

ARTICLE 7. PERSONAL DATA

As part of its service, the Publisher may process personal data of its Clients.

7.1. Data controller identity

The data controller responsible for collecting and processing data on the Website is the Publisher.

7.2. Data Protection Officer identity

The Data Protection Officer is: Etienne Deshoulières, 121 boulevard de Sébastopol, 75002 Paris, contact@deshoulieres-avocats.com, +33 1 77 62 82 03, www.deshoulieres-avocats.com

7.3. Data collected

7.3.1. Data collected from Clients

In the context of its contractual relationship, the Publisher may collect and process the following Client information:
Email, First and Last Name, Phone Number, Address, State/Province, Postal Code, City, Contract History.

7.3.2. Purpose of data collection

The data collected during the contractual relationship is subject to automated processing for the following purposes:

• Fulfilling contractual obligations

• Contacting Clients

• Preventing illegal or unlawful activities

• Enforcing the general terms and conditions

• Initiating legal proceedings

• Verifying Client identities

7.3.3. Legal basis for processing

The legal basis for data processing is the contractual relationship.

7.3.4. Data recipients

The data collected is only accessible to the Publisher, strictly to the extent necessary for fulfilling contractual obligations.

This data, whether individually or in aggregate form, is never made freely viewable by any third party.

7.3.5. Data retention period

Personal data is retained for the duration of the contractual relationship, and as long as the Publisher’s liability may be engaged.

Once the retention period has expired, the Publisher agrees to permanently delete the data of the data subjects without keeping any copies.

7.3.6. Data security and confidentiality

Personal data is stored securely, in accordance with current technical standards, and in compliance with the General Data Protection Regulation (GDPR) and applicable national legislation.

Access to the Publisher’s premises is also secured.

7.3.7. Data minimization

The Publisher may also collect and process any data voluntarily submitted by its Clients.

The Publisher encourages its Clients to provide only the personal data strictly necessary for fulfilling contractual obligations.

The Publisher agrees to retain and process only data essential to its professional activities and will promptly delete any irrelevant data.

7.4. Respect for data subject rights

The Publisher’s Clients have the following rights concerning their personal data, which they may exercise by writing to the Publisher’s postal address or by filling out the online contact form.

7.4.1. Right to information, access, and communication

Clients have the right to access their personal data.

Due to obligations regarding data security and confidentiality, requests will only be processed if Clients provide proof of identity, such as a scanned copy of a valid ID (for electronic requests) or a signed photocopy of a valid ID (for postal requests), both accompanied by the statement:
“I certify that this ID copy is a true copy of the original. Made in [City] on [Date],” followed by their signature.

A sample letter prepared by the CNIL is available here.

7.4.2. Right to rectification, deletion, and erasure

Clients may request the rectification, update, blocking, or deletion of their personal data if it is inaccurate, incorrect, incomplete, or outdated.

Clients may also establish general or specific instructions regarding the fate of their personal data after death. If applicable, a deceased person’s heirs may request that the Publisher consider the death and carry out necessary updates.

A sample letter prepared by the CNIL is available here.

7.4.3. Right to object to processing

Clients may object to the processing of their personal data.

A sample letter prepared by the CNIL is available here.

7.4.4. Right to data portability

Clients 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 restrict processing

Clients have the right to request that the Publisher limit the processing of their personal data. In such cases, their data may only be stored and not used by the Publisher.

7.4.6. Response timeframe

The Publisher commits to responding to any access, rectification, opposition, or other information request within a reasonable timeframe, which shall not exceed 1 month from receipt of the request.

7.4.7. Complaint to the competent authority

If Clients believe the Publisher is not complying with its obligations regarding their personal data, they may file a complaint or request with the relevant authority. In France, the competent authority is the CNIL, and a request can be submitted 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 providers may be located outside the European Union.

The Publisher has previously ensured that its service providers implement appropriate safeguards and comply with strict confidentiality, usage, and data protection requirements, for example, via the U.S. Privacy Shield.

The Publisher uses the following subcontractors:

| Partner | Role | Destination Country | Processing Performed | Safeguards |

7.5.2. Transfer by Legal Request or Court Order

Clients also agree that the Publisher may disclose the collected data to any person upon request by a government authority or pursuant to a court order.

7.5.3. Transfer as Part of a Merger or Acquisition

If the Publisher is involved in a merger, asset sale, financing transaction, liquidation or bankruptcy, or in the acquisition of all or part of its business by another company, Clients agree that the collected data may be transferred to that company and that the company may process the personal data as outlined in these Terms of Service in place of the Publisher.

ARTICLE 8. INTELLECTUAL PROPERTY

8.1. Legal Protection of Site Content

The content of the Site may be protected by copyright and database rights. Any unauthorized and unlawful representation, reproduction, translation, adaptation, or transformation, whether in whole or in part, 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 not to use, reproduce, or represent, in any way, the Site Content, whether or not it is protected by intellectual property rights, for any purpose other than reading it via a robot or browser. This restriction does not apply to indexing robots whose sole purpose is to scan the content of the Site for indexing purposes.

8.3. Protection of the Terms and Conditions

The Site’s terms and conditions, written by the firm Deshoulières Avocats Associés (www.deshoulieres-avocats.com), are protected under commercial law. Any reproduction, in whole or in part, without the consent of Deshoulières Avocats Associés may result in legal action for unfair competition or parasitism.

ARTICLE 9. FINAL PROVISIONS

9.1. Governing Law

These general terms and conditions are governed by French law.

9.2. Amendments to the General Terms and Conditions

The Publisher may modify these terms at any time. The terms applicable to the Client are those in force on the date of the order or the Client's connection to the Site. Any new connection to the personal space implies acceptance of the updated terms and conditions, if applicable.

9.3. Disputes

Pursuant to Ordinance No. 2015-1033 of August 20, 2015, any disputes arising from the execution of these terms that cannot be resolved amicably must be submitted for resolution.

In addition, the Client is informed of the existence of the online dispute resolution platform available at the following URL:
https://ec.europa.eu/consumers/odr/main/?event=main.home2.show

Since January 1, 2016, mediation is mandatory. Any professional selling to consumers must provide the contact details of a competent Mediator in the event of a dispute, whether the sale takes place online or in a physical store. (Source: FEVAD)

FEVAD – https://www.fevad.com/

9.4. Entirety

If any clause of this contract is deemed null and void, it will not affect the validity of the remaining clauses or of the contract as a whole. In such a case, the parties shall, to the extent possible, replace the invalid clause with a valid one that reflects the spirit and purpose of the agreement.

9.5. No Waiver

The failure by the Publisher to exercise any right granted under these terms shall not be construed as a waiver of that right.

9.6. Telemarketing

The Client is informed that they may register on the national do-not-call list available at: http://www.bloctel.gouv.fr/

9.7. Language of the Terms and Conditions

These terms and conditions are provided in French.

9.8. Unfair Terms

These terms and conditions apply subject to compliance with the mandatory provisions of the French Consumer Code concerning unfair terms in contracts concluded between a professional and a consumer.