1.Presentation of the website  

  

Under Article 6 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, it is clear to users of the website https://www.encore1fois.net  the identity of the various stakeholders in the context of its implementation and monitoring: 

Owner: Encore1Fois - 14, rue Charles V 75004 Paris 

  

Publisher: Encore1Fois  

14 rue Charles V 75004 Paris 

Phone : 09 79 51 57 45 ( price of a local call ) 

Siret : 439 176 181 000 55 

  

Publication manager: Me G. LE MOAL - contact@encore1fois.net 

  

Host: O2Switch 

222-224 Boulevard Gustave Flaubert 

63000 Clermont-Ferrand 

SIRET 510 909 80700024, RCS Clermont-Ferrand O2 Switch 

  

2.General conditions of use of the site and the services offered  

  

The Site constitutes a work of the mind protected by the provisions of the Intellectual Property Code and applicable International Regulations. The Customer may not in any way reuse, assign or exploit for his own account all or part of the elements or works of the Site. 

The use of the site https://www.encore1fois.net  implies the full acceptance of the general conditions of use available on the Site. These conditions of use may be modified or supplemented at any time, users of the site  https://www.encore1fois.net  are therefore invited to consult them regularly. 

This website is normally accessible to users at any time. An interruption due to technical maintenance may however be decided by Encore1Fois. The https://www.encore1fois.net website is updated regularly by the person responsible for the publication. In the same way, the legal notices can be modified at any time: they are nevertheless binding on the user who is invited to refer to them as often as possible in order to become acquainted with them. 

  

3.Intellectual property and counterfeits  

  

Encore1Fois is the owner of the intellectual property rights and holds the rights of use on all the elements accessible on the website, in particular the texts, images, graphics, logos, videos, icons and sounds. Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, whatever the means or process used, is prohibited without the prior written permission of Encore1Fois. 

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 and following of the Intellectual Property Code. 

4.General terms and conditions of sale  

  

4.1 Purpose 

  

These general conditions apply to all orders for products offered for sale via the website https://www.encore1fois.net. 

The prices of our products are indicated in euros all taxes included (VAT and other taxes applicable on the day of the order), unless otherwise indicated and processing and shipping costs. All orders regardless of their origin are payable in euros. Encore1Fois reserves the right to modify its prices at any time, but the product will be invoiced on the basis of the rate in force at the time of validation of the order and subject to availability. The products remain the property of Encore1Fois until full payment of the price. As soon as you take physical possession of the products ordered, the risk of loss or damage to the products passes to you. 

  

4.2 Orders 

  

Any order appearing on the website https://www.encore1fois.net  implies adherence to these general conditions. Any order confirmation entails your full and complete acceptance of these general conditions of sale, without exception or reservation. The order confirmation will be worth signature and acceptance of the operations carried out. All orders are final and cannot be cancelled. Encore1Fois reserves the right not to record a payment, and not to confirm an order for any reason whatsoever, and more particularly in the event of a supply problem, or in case of difficulty concerning the order received.  

  

4.3 Payments  

The fact of validating your order implies for you the obligation to pay the price indicated. Payment for your purchases is made by the following methods: 

  • Paypal checkout : CB, Paypal, etc 

  • Up2Pay: credit card thanks to Crédit Agricole's secure E-transaction system. 

The card is debited at the time of the order confirmation. Any customs duties will be borne by the customer. 

  

4.4 Withdrawal 

  

In accordance with the provisions of Article L.121-21 of the Consumer Code, you have a withdrawal period of 14 days from receipt of your products to exercise your right of withdrawal. 

Returns are to be made in their original condition, unworn product, in their original packaging and with the invoice. In this context your responsibility is engaged. Any damage suffered by the product may be such as to derail the right of withdrawal. The Buyer will inform Encore1Fois of his decision to withdraw, before the expiry of the aforementioned period, by email to contact@encore1fois.net. 

  

4.5 Shipments and Returns 

  

We offer several delivery methods: 

  - Colissimo: home delivery or relay point. The delivery time in France is 2 to 3 working days to be delivered. 

  - Chronopost: this is the fastest mode. The delivery time in France is 24 hours at a relay point or at home. 

 From a certain order amount, delivery is offered according to the chosen delivery method. 

Customs fees remain the responsibility of the customer. 

If an item does not suit you, you can return it to us within 14 days from the date of receipt of the order. Return shipping costs are at your expense. The refund will only take into account the amount of the items, not delivery or customs costs. 

We invite you to return your items in their original packaging accompanied by the invoice to the address: 

Encore1Fois 

Return service 

18 route de Saint Martin du Tertre 95270 Viarmes 

Items must be in their original condition and not worn. The refund will be made within 5 working days after receipt of your return directly to the account used for payment. In case of defective products or if you need more information, do not hesitate to contact customer service at: contact@encore1fois.net. 

Our products are offered as long as they are visible on the site https://www.encore1fois.net and within the limits of available stocks. In case of unavailability of a product after placing your order, we will inform you by email. Your order will be automatically cancelled and the payment credited back to your bank account. 

The products are delivered to the delivery address indicated during the order process, within a period indicated on the order validation page. In case of delay in shipment, an email will be sent to you to inform you of a possible consequence on the delivery time that has been indicated to you. If the package is damaged during collection, please refuse it or have it notified in order to obtain a refund in the event that one of the products is defective. 

  

4.6 Warranties and Limitations of Liability 

  

Encore1Fois' liability for any product purchased on the site is strictly limited to the purchase price of the latter. Encore1Times, in the process of online sales, is bound only by an obligation of means; it cannot be held liable for any damage resulting from the use of the Internet network such as loss of data, intrusion, virus, interruption of service, or other involuntary problems. 

All our products benefit from legal guarantees, provided that the use has been normal and that the maintenance advice has been followed. 

Legal guarantee of compliant delivery 

In accordance with Article L217-4 of the Consumer Code, the seller delivers a good in accordance with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when it has been charged to him by the contract or has been carried out under his responsibility. 

Pursuant to Article L217-5 of the Consumer Code, the good is in conformity with the contract: 

(1) If it is fit for the use usually expected of similar property and, where applicable, 

- if it corresponds to the description given by the seller and has the qualities that the latter has presented to the buyer in the form of a sample or model; 

- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling; 

2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and that the latter has accepted. 

Legal guarantee against hidden defects 

In accordance with Article 1641 of the Civil Code, the seller is bound by the guarantee for hidden defects of the thing sold that make it unfit for the use for which it is intended, or that so diminish this use, that the buyer would not have acquired it, or would have given only a lower price, if he had known about them. 

In order to implement these guarantees, the product must be returned, in its original packaging, in its original condition, new, unworn, unwashed, with the references of the initial order and copy of the complaint to the return address, after sending an email stating the reason for the return of the product to contact@encore1fois.net. 

5.Management of personal data  

  

The Customer is informed of the regulations concerning marketing communication, the law of 21 June 2014 for confidence in the Digital Economy, the Data Protection Act of 06 August 2004 as well as the General Data Protection Regulation (GDPR: No. 2016-679).  

  

5.1 Responsible for the collection of personal data 

  

As responsible for the processing of the data it collects, Encore1Fois undertakes to comply with the framework of the legal provisions in force. In particular, it is the Customer's responsibility to establish the purposes of its data processing, to provide its prospects and customers, from the collection of their consents, with complete information on the processing of their personal data and to maintain a register of processing in accordance with reality. Whenever Encore1Fois processes Personal Data, Encore1Fois takes all reasonable steps to ensure the accuracy and relevance of the Personal Data with regard to the purposes for which Encore1Fois processes it. 

  

5.2 Purpose of the data collected 

   

Encore1Fois may process all or part of the data:  

  • to allow navigation on the Site and the management and traceability of the services and services ordered by the user: connection and use data of the Site, invoicing, order history, etc.  

  • to prevent and fight against computer fraud (spamming, hacking...): computer equipment used for browsing, IP address  

  • to improve navigation on the Site: connection and usage data  

  • to conduct information campaigns (sms, email): telephone number, email address 

  

Encore1Fois does not market your personal data, which is therefore only used out of necessity or for statistical and analytical purposes. 

  

5.3 Right of access, rectification and opposition 

   

In accordance with the European regulations in force, https://www.encore1fois.net Users have the following rights: 

  • right of access (Article 15 GDPR) and rectification (Article 16 GDPR), updating, completeness of Users' data right to block or erase Users' personal data (Article 17 GDPR), when they are inaccurate, incomplete, equivocal, outdated, or whose collection, use, communication or storage is prohibited 

  • right to withdraw consent at any time (Art. 13-2c GDPR)  

  • right to limit the processing of Users' data (Article 18 GDPR)  

  • right to object to the processing of Users' data (Article 21 GDPR)  

  • right to the portability of the data that Users have provided, when these data are subject to automated processing based on their consent or on a contract (Article 20 GDPR)  

  • right to define the fate of Users' data after their death and to choose to whom Encore1Fois must communicate (or not) its data to a third party they have previously designated 

  

As soon as Encore1Fois becomes aware of the death of a User and in the absence of instructions from him, Encore1Fois undertakes to destroy his data, unless their retention is necessary for evidentiary purposes or to meet a legal obligation. 

If the User wishes to know how Encore1Fois uses his Personal Data, request to rectify them or oppose their processing, the User may contact Encore1Fois in writing at the following address:  

 Encore1Fois – RGPD 

 14, rue Charles V 75004 Paris 

Or by email indicating in the subject "GDPR": 

  

In this case, the User must indicate the Personal Data that he would like Encore1Fois to correct, update or delete, by identifying himself precisely with a copy of an identity document (identity card or passport).  

Requests for the deletion of Personal Data will be subject to the obligations imposed on Encore1Fois by law, in particular with regard to the preservation or archiving of documents. Finally, https://www.encore1fois.net Users may file a complaint with the supervisory authorities, and in particular the CNIL(https://www.cnil.fr/fr/plaintes). 

  

 5.4 Non-communication of personal data 

  

Encore1Fois is prohibited from processing, hosting or transferring the Information collected on its Customers to a country outside the European Union or recognized as "unsuitable" by the European Commission without first informing the customer. However, Encore1Fois remains free to choose its technical and commercial subcontractors provided that they present sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR: No. 2016-679). 

Encore1Fois undertakes to take all necessary precautions to preserve the security of the Information and in particular that it is not communicated to unauthorized persons. However, if an incident impacting the integrity or confidentiality of the Customer's Information is brought to the attention of Encore1Fois, encore1Fois must inform the Customer as soon as possible and communicate the corrective measures taken. In addition, Encore1Fois does not collect any "sensitive data". 

The User's Personal Data may be processed by Encore1Fois subsidiaries and subcontractors (service providers), exclusively in order to achieve the purposes of this policy. 

Within the limits of their respective attributions and for the purposes mentioned above, the main persons likely to have access to the data of https://www.encore1fois.net Users are mainly the agents of our customer service. 

  

5.5 Types of data collected 

  

Concerning users of the Site https://www.encore1fois.net,we collect the following data that are essential for the operation of the service, and which will be kept for a maximum period of 24 months: surname, first name, e-mail to answer questions from Internet users. 

Encore1Fois also collects information that improves the user experience and offers contextualized advice: data for Internet traffic statistics. 

This data is kept for a maximum period of 24 months. 

  

6.Incident notification  

  

No matter how hard you try, no method of transmission over the Internet and no method of electronic storage is completely secure. As a result, we cannot guarantee absolute security. If we become aware of a security breach, we will notify affected users so that they can take appropriate action. Our incident notification procedures take into account our legal obligations, whether at national or European level. We are committed to fully informing our customers of all matters relating to the security of their account and to providing them with all necessary information to help them comply with their own regulatory reporting obligations. 

No personal information of the user of the site https://www.encore1fois.net  is published without the knowledge of the user, exchanged, transferred, assigned or sold on any support to third parties. Only the assumption of the redemption of Encore1Fois and its rights would allow the transmission of such information to the prospective purchaser who would in turn be given the same obligation to store and modify data with respect to the user of the site  https://www.encore1fois.net. 

Security 

To ensure the security and confidentiality of Personal Data and Personal Health Data, Encore1Fois uses networks protected by standard devices such as firewalls, pseudonymization, encryption and password.  

When processing Personal Data, Encore1Fois takes all reasonable measures to protect it against loss, misuse, unauthorized access, disclosure, alteration or destruction. 

   

7.Hypertext links "cookies" and internet tags  

  

The https://www.encore1fois.net site contains a number of hypertext links to other sites, set up with the authorization of Encore1Fois. However, Encore1Fois does not have the possibility to verify the content of the sites thus visited, and will therefore not assume any responsibility for this fact. 

Unless you decide to disable cookies, you agree that the site may use them. You can deactivate these cookies at any time free of charge from the deactivation options offered to you and recalled below, knowing that this may reduce or prevent accessibility to all or part of the Services offered by the site.  

  

8.1. « COOKIES » 

  

A "cookie" is a small information file sent to the User's browser and stored on the User's terminal (e.g. computer, smartphone), (hereinafter "Cookies"). This file includes information such as the User's domain name, the User's Internet service provider, the User's operating system, as well as the date and time of access. Cookies are in no way likely to damage the User's terminal. 

Encore1Fois is likely to process the User's information concerning his visit to the Site, such as the pages consulted, the searches carried out. This information allows Encore1Fois to improve the content of the Site and the User's navigation. 

Cookies facilitate navigation and/or the provision of the services offered by the Site, the User can configure his browser so that it allows him to decide whether or not he wishes to accept them so that Cookies are saved in the terminal or, on the contrary, that they are rejected, either systematically or according to their issuer. The User can also configure his browser software so that the acceptance or refusal of Cookies is offered to him punctually, before a Cookie is likely to be saved in his terminal. Encore1Fois informs the User that, in this case, it may be that the functionalities of his browser software are not all available. 

If the User refuses the registration of Cookies in his terminal or browser, or if the User deletes those registered there, the User is informed that his navigation and experience on the Site may be limited. This could also be the case when Encore1Fois or one of its service providers cannot recognize, for technical compatibility purposes, the type of browser used by the terminal, the language and display settings or the country from which the terminal appears to be connected to the Internet. 

If necessary, Encore1Fois declines all responsibility for the consequences related to the degraded functioning of the Site and any services offered by Encore1Fois, resulting from  

  1. refusal of Cookies by the User  

  1. the impossibility for https://www.encore1fois.net to save or consult the Cookies necessary for their operation due to the User's choice. For the management of Cookies and user choices, the configuration of each browser is different. It is described in the browser's help menu, which will allow you to know how the User can modify his wishes regarding Cookies. 

At any time, the User may choose to express and modify his wishes regarding Cookies. Encore1Fois may also use the services of external service providers to help it collect and process the information described in this section. 

Finally, by clicking on the icons dedicated to the social networks Twitter, Facebook, LinkedIn and Google Plus appearing on the https://www.encore1fois.net Site or in its mobile application and if the User has accepted the deposit of cookies by continuing to browse the Website or the mobile application of Encore1Fois, Twitter, Facebook, LinkedIn and Google Plus may also deposit cookies on your terminals (computer,  tablet, mobile phone). 

These types of cookies are only placed on your terminals if you consent to them, by continuing your navigation on the Website or the mobile application of Encore1Fois. At any time, the User may nevertheless withdraw his consent to https://www.encore1fois.net  depositing this type of cookie. 

   

8.2. INTERNET TAGS 

   

https://www.encore1fois.net may occasionally use Web beacons (also known as "tags", or action tags, one-pixel GIFs, transparent GIFs, clear GIFs and one-to-one GIFs) and deploy them through a web analytics partner that may be located (and therefore store the corresponding information, including the User's IP address) in a foreign country. 

These tags are placed both in online advertisements allowing Internet users to access the Site, and on the various pages of it.   

This technology allows Encore1Fois to evaluate visitors' responses to the Site and the effectiveness of its actions (for example, the number of times a page is opened and the information consulted), as well as the use of this Site by the User.  

The external service provider may collect information on visitors to the Site and other websites through these tags, compile reports on the activity of the Site for the attention of Encore1Fois, and provide other services relating to the use of it and the Internet. 

  

9.Applicable law and attribution of jurisdiction.  

  

Any dispute in connection with the use of the https://www.encore1fois.net site is subject to French law. Except in cases where the law does not allow it, it is made exclusive attribution of jurisdiction to the competent courts of Paris.