Terms of service
In these T & Cs, terms and expressions identified by a capital letter have the meaning indicated below, whether they are used in the singular or in the plural.
Account:refers to the protected personal space created by a User on the Site, allowing him to access Specific Services;
Content:refers to the information and data, texts, software, music, sounds, photographs, images, videos, messages and all other elements disseminated on the Site;
Personal Data:refers to the personal information that a User has recorded when creating his Account, and that Clapham has collected in the context of the use of the Services;
Intellectual Property Rights:designate the trademarks, domain names, copyrights, copyrights, designs and models, patents, database rights or all other intellectual property rights of the CLAPHAM company;
Product:refers to any product offered for sale on the Site by a Seller Partner;
Vendor Partner:refers to any vendor offering its Products through the Site;
Services:designate all the services accessible online from the Site, namely Open Access Services as well as Specific Services;
Open Access Services:refers to the services accessible to any User of the Site, whether or not they have an Account, listed in article 3.1 hereof;
Specific Services:designate the services accessible exclusively by Users with an Account, listed in article 3.2 hereof.
Site:all Content and Services offered by BOLDSHAPES on the website accessible at www.boldshapes.co;
User:refers to any Internet user, natural or legal person, having access to the Site;
Clapham:refers to the company Clapham, a single-member simplified joint stock company with capital of € 150, whose registered office is at 137 avenue de stalingrad 92700 Colombes, registered under number 888 757 523 RCS de Nanterres, represented by Madame Maeva Foret, its president ..
ARTICLE 2:ACCEPTANCE OF THE T & Cs
These T & Cs constitute a contract between Clapham and any UserAccess to the Site and the Services, as well as their use, are subject to acceptance by the User of these T & Cs.
By accessing and/or using the Site and the Services, the User will be presumed to have read these T & Cs, to have fully understood them and to fully accept all of their provisions without restriction or reservation.
The T & Cs are available to Users on the Site where they can be viewed directly at any time, and can also be communicated on request.
Clapham reserves the right to modify and update, at any time and without notice, these T & Cs.To be informed of any changes, the User must refer to the latest version of the T & Cs before using the Site and the Services.
In the event that one of the clauses of these T & Cs is void due to a change in legislation or regulations or declared as such by a final court decision, this can in no way affect the validity and compliance with the other clauses of the T & Cs.
ARTICLE 3:PRESENTATION AND DESCRIPTION OF THE SERVICES AVAILABLE ON THE SITE
3.1 Role of Clapham
Clapham selects Partner Sellers whose Products correspond to its values and commitments and allows them to sell their products directly on the Site in return for the payment of a commission which is not charged to the User.
In the context of the sale of Products on the Site by Vendor Partners, Clapham only acts as a service provider making the Site available to Users and Vendor Partners.
Clapham does not act as a seller, there is no sales contract between Clapham and the User, and it cannot be involved in the execution of the sales contract.The responsibility of Clapham can therefore in no case be engaged in this regard.
Thus, the Products of Vendor Partners purchased on the Site cannot be taken back or exchanged by Clapham (cf.Article 7 below).
3.2 Free Access Services
The Open Access Services listed below are accessible online on the Site to any User, whether or not the User has an Account:
- Catalog of Products offered by Partner Sellers and by Clapham;
- Presentation of Partner Sellers and Clapham;
- Various editorial content such as presentation sheets, articles, infographics, blog, etc.
- Video content
3.3 Specific Services
By accessing their Account, the User also has personal, secure and free access to the Specific Services listed below:
- Administration of the Account and Personal Data;
- Product Orders;
- Space dedicated to the follow-up of orders of Products from Partner Sellers and Clapham;
- Communication interface with Clapham and with Partner Sellers;
- Exercise of the Right of withdrawal and returns;
As part of the development of its offer, Clapham reserves the right to offer new Services.
ARTICLE 4:ACCESS AND USE OF THE SITE
4.1 Creation of an Account
Access to the Specific Services as listed in article 3.2 hereof requires the User to create an Account.
The creation of the Account implies that the User has a valid e-mail addressOnce on the Site, the User is invited to create an Account by clicking on the corresponding tab, then entering the information requested in the collection form provided for this purpose.In particular, the user's last name, first name (s) and e-mail address are collected.The User will also be asked to enter a connection identifier and a password.
When the User reconnects after having disconnected, he must enter his username and password to connect to his Account and have access to the Specific Services.
By transmitting his e-mail address to Clapham, the User acknowledges and accepts that Clapham reserves the right to send the User e-mails in order, in particular, to keep him informed of any modifications, changes and/or additions made. on the Site and the ServicesThe User may exercise his right to object to the use of his e-mail address at any time.
The User undertakes to provide and maintain the information concerning him accurate, up to date and complete.As such, the User can modify this information at any time in the “My Account” tab.
Once registered, the User may use the Specific Services under the terms and conditions provided for in these T & Cs.
The User may at any time request that their Account be deleted.Any request to delete an Account is final and irreversible.The User who would like to access the Specific Services again will have to go through the registration procedure again and create a new Account.
4.2 Confidentiality, use of the Account and data retention
The elements and data entered on the Account are strictly personal and confidential.The User undertakes to keep his identification elements (username and password in particular) secret and not to disclose them, for any reason whatsoever, in any way and in any form whatsoever, to third parties.If their identification elements are lost or stolen, the User must immediately inform Clapham who will then proceed to the immediate cancellation and/or update of the elements of the Account.
Under no circumstances can Clapham be held responsible for the loss or theft of the Account's identification elements or their fraudulent use.The User is solely responsible for the use of his Account by third parties and for actions or statements made through it, whether fraudulent or not.The User guarantees Clapham against any request in this regard.
In accordance with article L134-2 of the Consumer Code, Clapham ensures the conservation of documents relating to orders made by the User, who can at any time request that they be communicated.Messages received electronically, and more generally electronic documents exchanged between the User and Clapham, will have the same value as that granted to the originals.The Parties will keep the electronic documents in such a way that they can constitute faithful and durable copies within the meaning of Article 1348 of the Civil Code.Confirmation of payment for orders by the User on the Site is equivalent to the User's electronic signature and proof of the order.
4.3 Minimum configuration
Access to the Site and the Services requires that the User has a computer and/or a smartphone, an internet connection and a web browser.All costs relating to access to the Site as well as its use, whether hardware, software or Internet access costs are exclusively the responsibility of the User.The User is solely responsible for the proper functioning of his computer equipment as well as his access to the Internet.
4.4 Site availability
The Site is accessible 24 hours a day, 7 days a week, subject to the occurrence of a case of force majeure or an event beyond the control of Clapham and except interruption, suspension or limitation in the context of operations of maintenance and/or updates necessary for the proper functioning of the Site and/or the Services or for any other reason, in particular technical.
Clapham is only bound by an obligation of means concerning the accessibility, operation and/or availability of the Site and the Services.Clapham reserves the right to interrupt, suspend or limit access to all or part of the Site and the Services, in particular due to legal or technical constraints.
The User expressly acknowledges that the aforementioned interruptions, suspensions or limitations may occur at any time, without having been previously notified, and that they will not give rise to any obligation or compensation for his benefit.
ARTICLE 5:PRODUCT ORDERS
5.1 The Products
The Products offered for sale on the Site are described as precisely as possible by the Partner Sellers and by Clapham, who are solely responsible for the information communicated on their Products.Despite the best efforts made to the photographic representation of the Products on the Site, having regard to the digital presentation of the Products on a website, it is possible that the User's perception of the photographic representation of the Products does not correspond exactly to the Produced in itself.
The Products on the Site are not referenced by Clapham.
The Products are classified by default according to objective characteristics that can be selected and filtered by the User when browsing the Site, such as the nature of the Product, the type, the brand, the size, the availability, the date of addition, reviews, number of sales, color, price, etc.
5.2 Availability and status of Stocks
It may happen that a Product is unavailable despite the best efforts of Clapham and the Vendor Partners.
In the event of unavailability of a Product after payment of the order, the User will be informed by email of the cancellation of his order as soon as possible, giving the right to a refund of all or part of the order within a maximum period. fourteen (14) days from receipt of the email notifying the unavailability of the Product.
The reimbursement will be made according to the means of payment used by the User during his purchase.
5.3 Ordering methods
Orders are made exclusively on the SiteThe User also guarantees that he is fully authorized to use the payment card for the payment of his order.
The User will be asked to choose the delivery method of the Product (s) according to the options offered by the Seller (s) Partner (s) before confirming the order.
To place an order, the User must select one or more Product (s) and place it (s) in his"Basket"The validation of each order is done by a two-step system:
- firstly, the User must finalize the choice of his Products by validating his BasketAt this stage, the User is invited to check the details of his Basket and can still modify its content.
- secondly, the User validates his order definitively, accepts the Clapham T & Cs as well as the general conditions of sale of the seller (s) concerned.
Orders must be paid for immediately, no discount being providedThe order will only be final after payment of the order.
Any paid order will result in the sending of an email to the User's email address confirming that Clapham has registered the order and that it has been transmitted to the Partner Seller (s).
Product prices are expressed in euros and take into account VATin force on the day of the orderThe prices can be modified at any time by the Partner Sellers or by Clapham, but the Products will be invoiced on the basis of the prices in force indicated at the time of the recording of the order.
5.4 The online payment service
Payment for orders is made directly on the Site, via the online payment tool of the service provider STRIPE, holder of a European license to establish electronic money, which collects the price on behalf of the Vendor Partners, and thus constitutes the sole manager of electronic payment flows, without Clapham or the Vendor Partners having access to the User's bank details during payment.
Payment of the order price is made by credit card (Carte Bleue, Visa, Eurocard/Mastercard)In the event of refusal of payment by STRIPE or the User's banking establishment, the order will not be validated.
The Products remain the property of the Partner Sellers until full payment of the price of the order.
The Products of the Partner Sellers are delivered directly by the latter or their service providers without Clapham's intervention.The Products are delivered by the Sellers to the address indicated by the User when placing the order, according to the terms provided for in the general conditions of sale of the Sellers Partners and on the sheet for each Product on the Site.
The User is responsible for the accuracy of the data he communicates concerning the delivery address as well as personal information (including telephone number) for each delivery.
Clapham and the Seller partners cannot be held responsible in the event of an impossibility of delivery of the Products due to an imprecision or inaccuracy of the delivery address provided by the User.
ARTICLE 6:GENERAL CONDITIONS OF SALE APPLICABLE
The Vendor Partners are free to choose the conditions of sale of their Products, such as in particular the sale prices, the delivery times and methods, the conditions of return and reimbursement or even the commercial guarantees that may be offered.
The User benefits from the Vendor Partners a right of withdrawal as well as legal guarantees of conformity, defective products and hidden defects, as prescribed by consumer law.
In the event of exercise of these rights, the User is invited to inform Clapham so that it can take the necessary measures with regard to other Users and orders that have already taken place.
ARTICLE 7:RIGHT OF WITHDRAWAL, LEGAL GUARANTEES AND RETURNS
Pursuant to the provisions of the Consumer Code, the User may exercise his right of withdrawal within fourteen (14) calendar days from the date of receipt of the Product.The User must return the Product for which he is withdrawing to the Seller Partner or to Clapham if the latter is the seller, within fourteen (14) days of exercising his right of withdrawal.
To exercise his right of withdrawal, or benefit from the legal guarantees of conformity, with regard to defective products and hidden defects, as prescribed by French law, the User must contact the seller of the Product concerned directly via his space. client accessible from the"My Account"tab.
Except for the Products that it sells, Clapham has no responsibility for the management of withdrawals, the implementation of legal guarantees of conformity and returns, which are subject to the general conditions of sale of each Partner Seller.
ARTICLE 8:GUARANTEES AND RESPONSIBILITIES
The information published on the Site is provided by Clapham on a strictly and exclusively informative and indicative basis.Clapham makes its best efforts to keep the Site and the Services up to date and to disseminate reliable, lawful and validated information.However, despite all the care and attention given to the selection of sources and the writing of content and information, Clapham cannot guarantee the integrity, accuracy, completeness, timeliness or other quality of the information disseminated.
The photographs and illustrations accompanying the products on the Site have no contractual value and therefore cannot engage the responsibility of Clapham.The delivery and quality of the Products offered by the Sellers are exclusively the responsibility of the Selling Partners.Clapham cannot be held responsible for the content of the advertisements published by the Vendor Partners and gives no warranty, express or implied, in this regard.
Clapham cannot be held liable in the event of a dispute concerning the information communicated by the Vendor Partners on the Site (texts, images, photos, brands, logos, etc.), as Clapham is not notified of the illegal content made available on the Site.
The Site and the Services are made available"as is"and subject to their availability, without any guarantee of any kind, implicit or explicit, on the part of ClaphamWithout limiting the foregoing, Clapham does not in particular grant any guarantee of non-violation of the rights of a third party, of fitness for a particular use or of suitability for the needs of the User, the Site and/or the Services, nor does not guarantee that they are free of anomalies, errors or bugs or that they will function without failure or interruption.
The User is the sole guarantor of the proper use, with discernment and spirit, of the Services made available to him on the Site.Clapham cannot be held responsible for the direct or indirect consequences that may result from the use, consultation and/or interpretation of the Content by the User.
To the fullest extent permitted by applicable law, Clapham expressly excludes its liability for any damage, direct or indirect, resulting from or in connection with access to the Site, and to the Services, their use, their dysfunction or their unavailability whatsoever. be its nature and duration.
In the event of the User's breach of these T & Cs, or more generally in the event of a violation of the laws and regulations in force, Clapham reserves the right to suspend and/or block temporarily or permanently, or to terminate automatically, without prior notice, the User's access to the Site and the Services and without prejudice to the remedies that may be opened against the UserThe User thus acknowledges that Clapham has the right to restrict, under the aforementioned conditions, his right of access and/or use to all or part of the Site and the Services, or even to delete his Account, if applicable, and this with immediate effect and ban on subsequent access to the Site and the Services.
In addition, the Site may contain hypertext links to third party websites which are not governed by these T & Cs.Clapham has no control over the content of third-party websites referenced by hypertext links.These websites are published by third-party companies independent of ClaphamClapham cannot therefore assume any responsibility for the content, advertising, products, services or any other information or data available on or from these sites.Consequently, the User acknowledges being solely responsible for the access and use of these sites.Clapham cannot be held responsible for any proven or alleged damage or loss resulting from or in connection with the use or the fact of having trusted the contents, goods or services available on these sites.
All information exchanged between Clapham and the User after acceptance of these T & Cs is considered confidential (hereinafter the “Confidential Information”).
Clapham and the User undertake to protect Confidential Information and not to disclose it to third parties without the prior written authorization of the other party, except communication required by law or by any competent judicial or administrative authority.Clapham and the User undertake to transmit them only to members of their staff who have been informed of the confidential nature of this information.
Confidential Information is, however, used in the context of the Services provided by Clapham, which may involve the transmission of said Confidential Information to Vendor Partners participating in the operation of the Specific Services.
ARTICLE 10:INTELLECTUAL PROPERTY RIGHTS
The Site, its general structure and its contents, the Services, as well as the Content, are protected by intellectual property rights (including in particular all copyrights, rights on patents, trademarks, designs and models, databases, domain names and any other existing or future intellectual property rights, national and/or international) and are the exclusive property of ClaphamThe use of the Site and the Services does not in any way confer on the User a property right or an intellectual property right on the Site, the Services and/or the Content.Clapham does not assign or grant any right to the Site, the Services and/or the Content to the User, with the exception of a limited, free and non-exclusive personal right to access and use the Site, Services and/or Content.
It is strictly forbidden to represent, reproduce and/or exploit the Site, the Services and/or the Content, totally or partially, in any form and by any means whatsoever, without the prior written consent of Clapham.The User undertakes not to use the Site, the Services and/or the Content, other than within the limits authorized by these T & Cs.
The User also undertakes not to perform one or more of the following acts, nor to allow a third party or authorize a third party to perform one or more of the following acts:(i) copy, modify, assemble, alter, sell, rent, lend, distribute, distribute or transfer the Site and/or the Services, (ii) disassemble, decompile or reverse engineer the source code of the components of the Site and/or the Services, (iii) extract and/or reuse, in any way and on any medium whatsoever, the Content in the database available on the Site, (iv), without the prior written consent of Clapham.
The Bold Shapes logo on the Site is a registered trademark and belongs to ClaphamAny representation, reproduction and/or exploitation, in whole or in part, of this logo, of any nature whatsoever, is totally prohibited.
Violation of the foregoing stipulations would expose the infringer and any person liable to criminal and civil penalties provided for by law, including damages for infringement of intellectual property rights.
All distinctive signs, brands and logos which do not belong to Clapham and which appear on the Site are the property of their respective owners who may or may not be affiliated or linked to Clapham.
ARTICLE 11:PROTECTION OF PERSONAL DATA
Clapham respects fundamental freedoms and in particular the right to respect for the privacy of Users.
Clapham collects and processes the following personal data for each User:
- name, address, email address, password, IP address;
- the number of pages viewed, the number of visits to the Site, as well as the activity on the Site and the frequency of return;
The User is warned of the mandatory or optional nature of entering data during collectionClapham does not collect payment information.
User data collected by Clapham is subject to computer processing.The data is intended for Clapham in order to allow the latter:
- to offer the User the Services, and in particular the remote purchase and ordering service for Products on the Site and personalized follow-up of the order;
- to send the Vendor Partners the information necessary to enable them to carry out orders and deliveries;
- to respond to User requests;
- to facilitate the User's navigation on the Site;
- to set up an information service on the Services offered by Clapham and their evolution;
- to monitor the use of the Site by the User for statistical purposes in order to improve the Site and the Services.
In accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, the User has a right of access, rectification, erasure and portability of information concerning him.The User can exercise this right or obtain information on the use which will be made of this data by sending an email to the address email@example.com
The User can unsubscribe from newsletters and information emails from Clapham at any time by clicking on the link in all emails.
Clapham undertakes to take all useful precautions, with regard to the nature of the data and the risks presented by the processing, to preserve the security of Users' personal data and, in particular, to prevent their personal data from being distorted, damaged, or that unauthorized third parties have access to it.
Clapham undertakes in particular not to sell, rent or transfer the User's Personal Data to third parties other than Clapham's Partner Sellers subject by contract to the same obligations as Clapham with regard to the protection of personal data, except by legal obligation. or judicial ordering him to do so.
All personal data relating to Users provided or collected through the Site are stored on the server (s) of the OVH host, made available to Clapham.This host acts as a subcontractor of Clapham, within the meaning of the Data Protection Act, only on instructions from ClaphamHe does not have the right to use the Personal Data of Users, except for the purposes of performing technical hosting and database management services and only under the contractual conditions signed between the host and Clapham which cannot depart from this article.
The data collected, all purposes combined, are kept for one (1) year month after the end of any activity.
Finally, the User has the right to lodge an appeal with the supervisory authority.
ARTICLE 12:APPLICABLE LAW AND JURISDICTIONAL COMPETENCE
These T & Cs are governed exclusively by French law.
In the event of a dispute concerning a Product, the User will address, prior to any dispute, to the seller concerned in order to find an amicable solution.
Within the limits permitted by law, disputes relating to the execution, termination or interpretation of these T & Cs or their consequences must be brought before the competent courts, after the failure of an attempt to resolve the dispute amicably. from Clapham or the relevant Vendor Partner.
These T & Cs are concluded from the date of acceptance by the User of said T & Cs and for the entire duration of their membership.
ARTICLE 14:PARTIAL WAIVER
Failure by either party to avail itself, at any given time, of any of the provisions of these T & Cs, cannot be interpreted in the future as a waiver of the rights it holds. present.
For any information, you can contact Clapham by post at the following address:
137, avenue de stalingrad
Or by email to the following address:firstname.lastname@example.org