Terms of service
General terms of use of the soenen-industrie.com website
applicable from 06/09/2022
ARTICLE 1. PARTIES
These terms and conditions are applicable between Soenen Industrie, SARL, share capital: €50,000, registered with the RCS of DUNKERQUE in France on 21/04/2022, under number 912 680 758, registered office: 89 Route de Saint-Omer , La Clé des Champs, 59173 Renescure, FR, telephone: +33687771519, email: contact@soenen-industrie.com, VAT number: FR06912680758, hereinafter referred to as "the Publisher" and any individual or legal entity, private or public, registered on the Site to purchase a Product, hereinafter referred to as "the Customer".
ARTICLE 2. DEFINITIONS
"Customer": any individual or legal entity, private or public, 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.
"Publisher": Soenen Industrie, SARL, in its capacity as publisher of the Site.
"Internet User": any individual or legal entity, under private or public law, connecting to the Site.
"Product": goods of any kind sold on the Site by the Publisher to Customers.
"Site": Internet site accessible at the URL soenen-industrie.com, as well as sub-sites, mirror sites, portals and URL variations relating thereto.
ARTICLE 3. SCOPE OF APPLICATION
The Site is freely accessible to all Internet users. Browsing the Site implies acceptance by all Internet users of these terms and conditions. Simply connecting to the Site, by any means whatsoever, including via a robot or browser, implies full acceptance of these terms and conditions. When registering on the Site, this acceptance will be confirmed by checking the corresponding box.
By doing so, the Internet user acknowledges that he/she is fully aware of these terms and conditions and accepts them without restriction.
Checking the aforementioned box will be deemed to have the same value as a handwritten signature by the Internet user. The Internet user acknowledges the value of the Publisher's automatic recording systems as proof and, unless he/she can provide proof to the contrary, waives the right to contest them in the event of a dispute.
The present general terms and conditions are applicable to relations between the parties to the exclusion of all other conditions, in particular those of the Internet user.
Acceptance of these terms and conditions implies that Internet users have the legal capacity to do so, or, failing this, that they have the authorization of a guardian or curator if they are incapacitated, or of their legal representative if they are minors, or that they hold a mandate if they are acting on behalf of a legal entity.
ARTICLE 4. PURPOSE OF THE SITE
The Site is a showcase site. It presents the products sold by Soenen Industrie. It is not possible to place an order directly on the website.
ARTICLE 5. CUSTOMER SERVICE
The Site's customer service department is accessible Monday to Friday from 08:00 to 18:00 on the following toll-free telephone number: 0687771519, by e-mail to: contact@soenen-industrie.com or by post to the address indicated in article 1 of these general terms and conditions. In the latter two cases, the Publisher undertakes to reply within 1 working day.
ARTICLE 6. PERSONAL SPACE
6.1. Creation of a personal space
When creating a personal space, 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 the personal space. Refusal by an Internet user to provide such information will prevent the creation of the personal space. The creation of a personal space is not mandatory in order to browse the Site.
When creating a 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 is therefore prohibited from transmitting or communicating it to a third party. Failing this, the Publisher may not be held responsible for unauthorized access to an Internet user's personal space.
The Customer undertakes to regularly check the data concerning him/her and to make any necessary updates and modifications online from his/her personal space.
6.2. Content of the personal area
Pages relating to personal areas may be freely printed by the account holder in question, but in no way constitute evidence admissible in a court of law.
The Publisher undertakes to keep securely all contractual elements whose retention is required by law or regulation.
6.3. Deletion of personal space
The Publisher reserves the right to delete the account of any Customer who contravenes the present terms and conditions, in particular where the Customer provides inaccurate, incomplete, misleading or fraudulent information, or where the Customer's personal space 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 Customer, who shall not be entitled to claim any compensation as a result.
This exclusion is without prejudice to the Publisher's right to take legal action against the Customer, where justified by the facts.
ARTICLE 7. PERSONAL DATA
In the course of providing its services, the Publisher may be required to process the personal data of its Customers.
7.1 Identity of the data controller
The Editor is responsible for the collection and processing of data on the Site.
7.2 Identity of the Data Protection Officer
The data protection delegate is: Etienne Deshoulières, 121 boulevard de Sébastopol 75002 Paris, contact@deshoulieres-avocats.com, 01 77 62 82 03, www.deshoulieres-avocats.com" always taking care to create a hypertext link on the URL of our site.
7.3. Data collected
7.3.1. Data collected from customers
Within the framework of its contractual relations, the Publisher may collect and process information from its Customers, namely: Email, Name and surname, Telephone, Address, state, province, zip code, city, Bank details, Contract history.
7.3.2. Purposes of personal data collection
Data collected during the contractual relationship is processed automatically for the purposes of :
- fulfill contractual commitments;
- contact Customers;
- prevent any illicit or illegal activity;
- enforce compliance with general terms and conditions;
- to initiate legal proceedings;
- verify the identity of Customers;
7.3.3. Legal basis for processing
The legal basis for the data collected is a contractual relationship.
7.3.4. Recipients of data
The data collected may only be consulted 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 party.
7.3.5. Retention period for personal data
The personal data collected is kept for the duration of the contractual relationship, and for the period during which the Publisher may be held liable.
Once the retention period has expired, 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 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 submitted by its Customers.
The Publisher instructs its Customers to provide personal data that is strictly necessary for the performance of their contractual obligations.
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 may 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 right to access their personal data.
In view of 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 event of a request via the dedicated electronic form) or a signed photocopy of their valid identity document (in the event of a request in writing), both accompanied by the words "I certify on my honour that the copy of this identity document is a true copy of the original. Done at ... on ...", followed by their signature.
To assist them in their request, Customers will find here a model letter drawn up by the Cnil.
7.4.2. Right to rectify, delete and forget data
The Publisher's customers may request the rectification, updating, blocking or deletion of their personal data which may be inaccurate, erroneous, incomplete or obsolete.
The Publisher's customers may also define general and specific directives concerning the fate of their personal data after their death. Where applicable, the heirs of a deceased person may request that the death of their loved one be taken into consideration and/or that the necessary updates be made.
To assist them in this process, Customers will find here a model letter drawn up by the Cnil.
7.4.3. Right to object to data processing
The Publisher's customers may object to the processing of their personal data.
To assist them in this process, customers will find here a model letter drawn up 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 limit processing
The Publisher's Customers have the right to request that the processing of their personal data by the Publisher be limited. In this way, their data may only be stored and no longer used by the Publisher.
7.4.6. Response times
The Publisher undertakes to reply 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. Complaints to the competent authority
If the Publisher's Customers consider that the Publisher is not complying with its obligations with regard to their personal data, they may lodge a complaint or request with 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 Customer data. These service providers may be located outside the European Union.
The Publisher has previously ensured that its service providers implement adequate guarantees and comply with strict conditions in terms of confidentiality, use and data protection, for example via the US Privacy Shield.
The Publisher uses the services of the following subcontractors: Google Analytics, Gmail, Google Agenda, Facebook Analytics, Facebook Ads Manager, Facebook, LinkedIn
7.5.2. Transfer by requisition or court order
Customers also consent to the Publisher disclosing the data collected to any person, upon requisition by a state authority or court order.
7.5.3. Transfer as part of a merger or acquisition
If the Publisher is involved in a merger, sale of assets, financing operation, liquidation or bankruptcy or in an acquisition of all or part of its business by another company, Customers consent to the data collected being transferred by the Publisher to that company and to that company carrying out the personal data processing operations referred to in these General Terms of Service in place of the Publisher.
ARTICLE 8. INTELLECTUAL PROPERTY RIGHTS
8.1. Legal protection of Site Content
The Site Content 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 French Intellectual Property Code and may give rise to legal proceedings for counterfeiting.
8.2. Contractual protection of Site Content
The Internet user contractually undertakes not to use, reproduce or represent, in any way whatsoever, the Site Content, whether or not it is protected by an intellectual property right, for any purpose other than for reading by a robot or browser. This prohibition does not apply to indexing robots whose sole purpose is to scan the Site Content for indexing purposes.
8.3. Protection of general terms and conditions
The general terms and conditions of the Site, drawn up by 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
The present general terms and conditions are subject to French law.
9.2 Modifications to these terms and conditions
The present terms and conditions may be modified at any time by the Publisher. The general terms and conditions applicable to the Customer are those in force on the day of the Customer's connection to the Site, and any new connection to the personal area implies acceptance of the new general terms and conditions.
9.3. Disputes
Pursuant to Ordinance no. 2015-1033 of August 20, 2015, any disputes that may arise in connection with the performance of these general terms and conditions and for which no prior amicable solution has been found 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 has been mandatory for all. Thus, any professional selling to individuals, is required to communicate the contact details of a competent Mediator in the event of a dispute, and this regardless of whether they sell remotely or in a physical store (Source: FEVAD).
Mr. TYTGAT / Mr. TYTGAT
9.4. Entire
The nullity of one of the clauses of the present contract shall not entail the nullity of the other clauses of the contract or of the contract as a whole, which shall retain their full effect and scope. In such a case, the parties shall, as far as possible, replace the nullified stipulation by a valid stipulation corresponding to the spirit and purpose of the present contract.
9.5. Non-waiver
The Publisher's failure to exercise its rights hereunder shall in no event be construed as a waiver of said rights.
9.6. Telephone canvassing
The Customer is hereby informed that he/she may register on the "opposition to telephone canvassing" list at http://www.bloctel.gouv.fr/.
9.7. Languages of these general terms and conditions
These general terms and conditions are available in French.
9.8. Abusive clauses
The stipulations of the present 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.