General conditions of use of the Orchidée-Diffusion website
PHYTO-DIFFUSION is a simplified joint stock company, "Société par actions simplifiée" in french (Company with a single associate), with a registered capital of 10,000 euros, registered in the Meaux Trade and Companies Register under number 825 159 0569, whose registered office is located at 15 rue Massenet - 77360 Vaires sur Marne (France) and which operates under the trade name Orchidée-Diffusion.
Its intra-community VAT number is FR29825159056
The company is specialised in the purchase and resale of plants without composition - cultivation material for individuals and professionals - purchase and resale of all ornamental decoration products and in general, manufacturing products.
PHYTO-DIFFUSION specialises in the online sale of orchids, plants and accessories.
PHYTO-DIFFUSION is the owner and publisher of the Orchidée Diffusion Website (available under www.orchidee-diffusion.com), through which PHYTO-DIFFUSION's customers order all of the aforementioned products.
In these terms and conditions of use, words or expressions beginning with a capital letter shall have the following meaning:
TOS: means this document, including its annexes.
Personal Data/Personal Data: means any information that may allow the identification of a natural or legal person in a direct or indirect way (name; first name; email address; IP address; browsing data; etc.), in accordance with the definition given by Article 4 of the European Union's General Data Protection Regulation (GDPR 2016/679).
Party/Parties: means individually the Company or a User and collectively the Company and a User.
Product(s): refers to all the flowers offered for sale on the Site.
Site: refers to the Internet site www.orchidee-diffusion.com owned and operated by the Company.
Company: indicates the company PHYTO-DIFFUSION.
User: means any person (natural or legal) who has a personal account on the Site.
3- Legal information
The Site is published by PHYTO-DIFFUSION, a simplified joint stock Company (Société à associé unique), with a share capital of 10,000 euros, registered in the Meaux Trade and Companies Register under number 825 159 0569, whose registered office is located at 15 rue Massenet - 77360 Vaires sur Marne (France).
The director of the publication is.
The site is hosted by the company EMONSITE
The Personal Data collected are hosted by the company EMONSITE
The purpose of these GTC is to describe: (i) in a non-exhaustive manner the Products offered by the Company; (ii) the conditions of opening accounts by Users on the Site; (iii) the conditions of their connection to said Site; (iv) as well as their commitments.
They also deal with the limitation of the Company's liability.
The GTU also includes a clause relating to the policy of confidentiality of the Personal Data of its Users.
The terms and conditions for ordering and paying for Offers are described in the Company's general terms and conditions of sale.
5- Express acceptance of the general conditions of use
Any use of the Site implies the consultation and express acceptance of the present terms by the Users.
By using the Site, Users acknowledge that they have read, understood and accept these terms and conditions without reservation.
The Company offers, for sale online, through the Site a selection of flowers and plants and accessories.
7- Access to the site
The Site is accessible 24 hours a day, 7 days a week
Any costs that may result from accessing and using the Site are the sole responsibility of the Users.
The Company is entitled to modify, without compensation or prior notice, the servers or the hours of accessibility to the Site, as well as to terminate access to one or more Subscription Offers, in order to make updates, modifications or improvements.
8- Registration and user commitments
Registration on the Site is done by creating a personal account, following the instructions provided for this purpose on the Site.
In particular, the User must fill in the form to open an account on the Site, provide a valid email address and choose a password to secure the connection to his personal account.
When creating a personal account on the Site, the User guarantees in particular that he is of age and that he has full legal capacity to enter into a contract.
He also undertakes not to use an identifier that would infringe the rights of third parties, the public and good morals, and to provide accurate information and keep it up to date.
Concerning the identifiers of his account, the User undertakes not to disclose them, by any means whatsoever. The confidentiality and the use of his identifiers are his sole responsibility.
In the event of non-compliance with any of the User's commitments, the Company reserves the right to automatically suspend the User's personal account without compensation or prior formality.
User, as well as to cancel any order of a Subscription Offer, which would have been carried out by him and which would not have been carried out yet.
In order to connect to his account on the Site, the User indicates in the form dedicated to this purpose, his login and password.
10- Modification of the TOS
The applicable GCU are those in force at the date on which the User provides the information required to order a Product on the Site.
The present GTU are available on the Site.
The Company will update the TOS by indicating the date of the last update in the upper right-hand corner of the TOS.
11- Intellectual Property
The Company shall not be held liable for any inconvenience or damage inherent in the use of the Internet, in particular an interruption or break in service, external intrusion or the presence of computer viruses.
12- Intellectual Property
All the elements contained on the Site, of which the Company is the publisher, are protected by the laws relating to intellectual property.
Thus, the Company holds all right, title and interest, including all intellectual property rights related to the Site, as well as any ideas, suggestions, enhancement requests, comments, recommendations and other information that Users and third parties may communicate regarding the Site.
In addition, the Company holds the rights of use on all the elements accessible on its Site, in particular the texts, images, graphics, logos, icons, sounds, software, etc. Consequently, any reproduction, representation, modification, publication, total or partial adaptation of the elements of the Site, by any means or process whatsoever, is forbidden, except with the express prior consent of the Company.
13.1 Personal Data
Personal data collected
The Personal Data of the Users are notably collected at the time of the opening of their account on the Site, their purchase of Products and the related payments.
The main Personal Data collected are: name; first name; email address; password; billing address; delivery address; navigation data (language preference; date and time of access to the Site; pages of the Site visited.)
Furthermore, Users also have the option of offering Products as gifts, in which case they must provide all the personal information required of the final recipients of the Products.
Purposes of the treatment of the collected Personal Data
In accordance with the French Law 78-17 of January 6, 1978, as amended by the laws of August 6, 2004 and June 20, 2018, the Company undertakes to process the Personal Data provided by its Users, in particular in order to carry out its obligations under the Product orders, to carry out statistics or analyses, commercial prospecting, as well as to send qualified information to said Users.
Moreover, it is reminded that the Personal Data requested from the User are notably necessary for the order of Products, its payment and its execution, as well as for the establishment of invoices.
However, they are not resold.
Recipients of the Personal Data
The Company undertakes to guarantee the confidentiality of the Personal Data processed in the performance of its obligations.
Furthermore, as this data may be communicated to the Company's partners responsible for the execution, processing, management and payment of orders, the Company ensures that these partners present the same sufficient guarantees regarding the implementation of appropriate technical and organizational measures, so that the processing meets the requirements of the applicable regulations.
In addition, the Company has the right to disclose Users' Personal Data, if required by law or in the event of a breach of this Agreement by such Users.
The consent of the Users is presumed for the use of the said data for the sole purpose of opening their account on the Site, their orders of Products and the related payments.
When Users' Personal Data is used for marketing purposes, Users' prior express consent is required. Users always have the option to withdraw their consent by sending an email to: firstname.lastname@example.org.
The site is hosted by EMONSITE
The Personal Data collected are hosted by the company EMONSITE
The Company undertakes to implement all necessary means to ensure the security and confidentiality of Personal Data.
Thus, in order to protect the Personal Data of its Site visitors, the Company takes a set of precautions and follows best practices in this regard, to ensure that such data is not lost, misappropriated, accessed, disclosed, modified or destroyed in an inappropriate manner.
What is a "cookie"? A "cookie" or tracer is an electronic file deposited on a terminal, such as a computer, a tablet or a smartphone, and in particular read when connecting to a website, reading an email, installing or using a software or a mobile application, regardless of the type of terminal used.
In particular, the proper functioning of the Site implies the presence of cookies implanted in the User's computer, at the time of connection, in order to record information relating to navigation (pages consulted, date and time of consultation, etc.) and the identity of its visitors.
When connecting to the Site for the first time, a banner explaining the use of "cookies" will appear. From then on, by continuing to browse, the User will be deemed to have been informed and to have accepted the use of the said "cookies".
The period of validity of this acceptance is a maximum of 13 months. At the end of this period, the consent will have to be collected again.
13.6 Personal Data Rights
The User has, in accordance with national and European regulations in force, a permanent right of access, modification, rectification, limitation, opposition and portability of information concerning him/her.
To exercise his rights, the visitor just has to write to the following email address: email@example.com
If the User no longer wishes to receive the Company's news, solicitations (by telephone, SMS, postal mail or email) and invitations, he/she has the option of indicating this via the link reserved for this purpose, of modifying his/her choices by contacting the Company under the conditions mentioned above or, where applicable, by modifying the parameters of his/her online account.
In addition, if a User has reason to believe that the security of his or her Personal Data has been compromised or that such Data has been misused, he or she is entitled to contact the Company at the following email address: firstname.lastname@example.org
The Company will investigate complaints regarding the use and disclosure of Personal Data and attempt to resolve them in accordance with applicable regulations.
For any additional information or complaint, the User may contact the CNIL (www.cnil.fr).
The payment of the Products is made by credit card on the Company's Website, using a secure payment service.
Users' transaction information is retained for as long as necessary to fulfill their Offer. Upon expiration, the corresponding transaction information is deleted.
All direct payment gateways are PCI-DSS compliant, managed by the PCI Security Standards Council, which is a joint effort of companies such as Visa, MasterCard and American Express.
The present GTU govern the contractual relationship between the Parties, which is for an indefinite period.
The contractual relationship between the Parties ends when the User's personal account on the Site is closed, which may occur:
- at any time upon request by the User to the following email address: email@example.com;
- at the Company's sole discretion, if the User fails to comply with any of its obligations hereunder, without prejudice to any damages that the Company may be entitled to claim.
The fact that one of the Parties does not avail itself of a breach by the other Party of any of the obligations referred to herein, shall not be construed for the future as a waiver of the obligation in question.
The Parties acknowledge that this Agreement constitutes the entire agreement between them with respect to the subject matter hereof and supersedes all prior oral and/or written commitments between the Parties with respect to such subject matter. Unless otherwise expressly stipulated, the terms, conditions and obligations of this document shall prevail over all others.
The invalidity, unenforceability, or more generally, the lack of effect of any of the stipulations herein shall not affect the other stipulations which shall remain perfectly valid and binding.
16- Applicable law and jurisdiction
The GTU are subject to French law.
For Users acting as consumers, any dispute relating to the present Terms and Conditions shall be brought before one of the courts having territorial jurisdiction under the Code of Civil Procedure.
Moreover, the consumer User is reminded that he has the possibility to submit any dispute relating to the present contract either to the jurisdiction of the place where the consumer lived at the time of the conclusion of the contract, or to that of the place where the harmful event occurred.
In any case, the User is duly informed that he/she is entitled to have recourse to mediation in accordance with the provisions of article L. 111-1 of the Consumer Code.
17- French and foreign versions
The present GTU are written in French. In case of contradiction or misunderstanding, they will prevail over any other version that would be written in another language at the request of the User.
18- Election of domicile
The Company is located at 15 rue Massenet - 77360 Vaires sur Marne (France)