Terms of Service
General conditions of use of the website calishi.com
applicable from 11/10/2023
ARTICLE 1. PARTIES
These general conditions are applicable between Calishi , SARL , share capital: 1 €, registered with the RCS of Marseille in France THE 02/12/2021 , under the number Marseille B 908 317 54 , head office: 132 bd michelet, 13008 Marseille, FR , telephone: +33601113997 , email: info@calishi.com , intra-community VAT number: FR41908317548 , hereinafter “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, protected or not by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.
“ The Editor ”: Calishi , SARL taken in his capacity as publisher of the Site.
“ Internet user ”: any person, natural or legal, under private or public law, connecting to the Site.
“ Product ”: goods of any kind sold on the Site by the Publisher to Customers.
“ Site ”: website accessible at the URL calishi.com , as well as related subsites, mirror sites, portals and URL variations.
ARTICLE 3. SCOPE OF APPLICATION
The Site is freely accessible to all Internet users. Browsing the Site implies acceptance by any Internet user of these general conditions. Simply connecting to the Site, by any means whatsoever, in particular via a robot or a browser, will constitute full acceptance of these general conditions. When registering on the Site, this acceptance will be confirmed by checking the corresponding box.
The Internet user acknowledges having read them fully and accepting them without restriction.
Checking the above-mentioned box will be deemed to have the same value as a handwritten signature from the Internet user. The Internet user recognizes the evidentiary value of the Publisher's automatic recording systems and, unless he provides proof to the contrary, he waives the right to contest them in the event of a dispute.
These general conditions are applicable to 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 on the part of Internet users that they have the necessary legal capacity for this, or failing that they have the authorization of a guardian or curator if they are incapable. , their legal representative if they are minors, or even that they hold a mandate if they act on behalf of a legal entity.
ARTICLE 4. PURPOSE OF THE SITE
The purpose of the Site is the sale of Products to Customers.
ARTICLE 5. CUSTOMER SERVICE
The Site's customer service is accessible from Monday At Friday of 09:00 has 18:00 at the following non-premium rate telephone number: 0601113997 , by email to: info@calishi.com or by post to the address indicated in article 1 of these general conditions. In these last two cases, the Publisher undertakes to provide a response under 2 hours .
ARTICLE 6. PERSONAL SPACE
6.1. Creation of personal space
The creation of a personal space is an essential 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. 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 guarantees the confidentiality of the information contained in the personal space. The Internet user therefore refrains from transmitting it or communicating it to a third party. Failing this, the Publisher cannot be held responsible for unauthorized access to an Internet user's personal space.
The Customer undertakes to carry out regular verification of the data which concerns him and to carry out the necessary updates and modifications online, from his personal space.
6.2. Personal space content
The personal space allows the Customer to consult and follow all his orders placed on the Site.
The pages relating to personal spaces are freely printable by the account holder in question, but in no way constitute admissible evidence in a court of law. They are only of an informative nature intended to ensure efficient management of their orders by the Customer.
The Publisher undertakes to securely store all contractual elements whose retention is required by law or regulations in force.
6.3. Deleting 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, misleading or fraudulent information, as well as when a Client's personal space remains inactive. for at least a year. Said deletion will not be likely to constitute a fault on the part of the Publisher or damage to the excluded Customer, who will not be able to claim any compensation as a result.
This exclusion is without prejudice to the possibility, for the Publisher, of taking legal action against the Client, when the facts justify 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 the collection and processing of 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 " while always taking care to create a hyperlink on the URL of our site
7.3. Data collected
7.3.1. Data collected from customers
As part of its contractual relationships, the Publisher may be required to collect and process information from its Customers, namely: Email, First and last name, Telephone, Address, state, province, postal code, city .
7.3.2. Purposes of collecting personal data
The data collected during the contractual relationship is subject to automated processing with the aim of:
- execute contractual commitments;
- contact Customers;
- avoid any illicit or illegal activity;
- enforce the general conditions;
- initiate legal proceedings;
- verify the identity of Customers;
7.3.3. Legal bases for processing
The data collected has the legal basis of a contractual relationship.
7.3.4. Data recipients
The data collected can only be consulted by the Publisher within the limits strictly necessary for the execution of contractual commitments.
This data, whether in individual or aggregate form, is never made freely viewable by a third party.
7.3.5. Duration of retention of personal data
The personal data collected are kept for the duration of the contractual relationship, and for the time during which the Publisher's liability may be incurred.
After the retention period, the Publisher undertakes to permanently delete the data of the persons concerned without retaining a copy.
7.3.6. Security and confidentiality of personal data
Personal data is stored in secure conditions, according to 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 may also collect and process any data voluntarily transmitted by its Customers.
The Publisher directs its Clients to provide personal data strictly necessary for the execution of contractual commitments.
The Publisher undertakes to only retain and process data strictly necessary for its professional activities, and will delete any data received that is not useful to its activities as quickly as possible.
7.4. Respect for rights
The Publisher's Customers have the following rights regarding 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 which concerns them.
Due to the Publisher's obligation of security and confidentiality in the processing of personal data, 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 case of a request using the dedicated electronic form) or a signed photocopy of their valid identity document (in the case of a request made in writing), both accompanied by the words “I attest on my honor that the copy of this identity document is consistent with the original. Done at…on…”, followed by their signature.
To help them in their approach, Customers will find here a letter template developed by the CNIL.
7.4.2. Right to rectification, deletion and right to forgetting of data
The Publisher's Customers have the possibility of requesting the rectification, updating, blocking or even deletion of their personal data which may prove to be inaccurate, erroneous, incomplete or obsolete.
The Publisher's Clients can also define general and specific directives relating to the fate of personal data after their death. If applicable, the heirs of a deceased person may demand to take the death of their loved one into consideration and/or to make the necessary updates.
To help them in their process, Customers will find here is a sample letter developed by the CNIL.
7.4.3. Right to object to data processing
The Publisher's Customers have the possibility of objecting to the processing of their personal data.
To help them in their process, Customers will find here is a sample letter 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. Reply duration
The Publisher undertakes to respond to any request for access, rectification or opposition or any other additional request for information within a reasonable period of time which cannot exceed 1 month from receipt of the request.
7.4.7. Complaint to the competent authority
If the Publisher's Customers consider that the Publisher is not respecting its obligations with regard to their personal data, they may send 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 service providers may be located outside the European Union.
The Publisher has previously ensured the implementation by its service providers of adequate guarantees and compliance with strict conditions in terms of confidentiality, use and protection of data, for example via the US Privacy Shield.
The Publisher uses the following subcontractors:
| Partner | Quality | Recipient country | Treatment carried out | Guarantees |
7.5.2. Transfer upon requisition or judicial decision
Customers also consent to the Publisher communicating the data collected to any person, upon requisition by a state authority or by judicial decision.
7.5.3. Transfer in the context of a merger or acquisition
If the Publisher is involved in a merger, sale of assets, financing transaction, liquidation or bankruptcy or in an acquisition of all or part of its activity by another company, Customers consent to the data collected are transmitted by the Publisher to this company and that this company carries out the processing of personal data referred to in these General Conditions 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 law. 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 Intellectual Property Code and will be liable to give rise to legal proceedings for counterfeiting.
8.2. Contractual protection of Site Content
The Internet user undertakes contractually with the Publisher not to use, reproduce or represent, in any way whatsoever, the Content of the Site, whether or not they are protected by intellectual property rights, 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 terms and conditions
The general 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 right
These general conditions are subject to the application of French law.
9.2. Modifications to these general conditions
These general conditions may be modified at any time by the Publisher. The general conditions applicable to the Customer are those in force on the day of their order or connection to this Site, any new connection to the personal space entailing acceptance, where applicable, of the new general conditions.
9.3. Disputes
Pursuant to Ordinance No. 2015-1033 of August 20, 2015, all disputes which may arise in the context of the execution of these general conditions and for which a solution cannot previously be found amicably between the parties must be submitted.
In addition, the Customer is informed of the existence of the online dispute resolution platform, accessible at the following URL address: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
Since January 1, 2016, mediation is compulsory for everyone. Thus, any professional selling to individuals is required to provide the contact details of a competent Mediator in the event of a dispute, regardless of whether they sell remotely or in a physical store (Source: FEVAD).
Fevad / https://www.fevad.com/
9.4. Entirety
The nullity of one of the clauses of this contract will not result in 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 with a valid stipulation corresponding to the spirit and purpose hereof.
9.5. Non-waiver
The absence of exercise by the Publisher of the rights granted to it hereby cannot under any circumstances be interpreted as a waiver of the right to assert said rights.
9.6. Telephone canvassing
The Customer is informed that he has the possibility of registering on the list opposing telephone canvassing at the address http://www.bloctel.gouv.fr/ .
9.7. Languages of these general conditions
These general conditions are offered in French.
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.
