Terms and conditions of use of ElloweenCreations
The presented terms and conditions of use an agreement between:
- The Website/Shop’s manager, hereinafter 'the Publisher',
- Every person wishing to access the Shop and its services, hereinafter ‘the User’.
Article 1 - Principles
The presented terms and conditions of use are the subject of legal management for the Shop ElloweenCreations and its services use.
The Website https://www.elloweencreations.com is:
· The sole proprietorship Elodie ORTIZ
· Located 124 Boulevard Romain Rolland 13010 Marseille, France
· URL: https://www.elloweencreations.com
· Email: firstname.lastname@example.org
· Phone number:
The terms and conditions of use must be accepted by any User, and the Shop’s access is worth acceptance of these conditions.
Article 2 – Evolution and duration of TCU
The presented terms and conditions of use are concluded for an undefined time. The contract is given effect towards the User once they started using the service.
The Shop EloweenCreations reserves the right to change these terms and conditions of use at any time and without explanation.
Article 3 – Shop access
Any User having Internet access can freely enter the Shop ElloweenCreations from anywhere. Tout Utilisateur ayant accès à internet peut accéder gratuitement et depuis n’importe où au site ElloweenCreations. The supported cost by the User to access the Website (Internet access, computer hardware, etc.) are not paid by the Publisher.
The Website and its different services can be interrupted or suspended by the Publisher, including on the occasion of updates, without notice or explanation.
The Shop’s User has access to the following services: shopping handmade fashion jewelries and decorations.
Article 4 - Responsabilities
The Publisher's responsibility cannot be engaged in case of failure, breakdown, problem or operation interruption, preventing the Shop's access or one of its features.
The website's connection equipment you are using is under your full responsibility. You must take all proper measures to protect your own equipment and data especially against hacking. You are also sole responsible of the websites and data you are visiting.
The Publisher couldn't be held responsible in case of judicial proceedings against yourselves:
- Owing to the Website's use or any other service available on the Internet;
- Owing to your failure to respect the presented legal mentions.
The Publisher is not responsible of the damages caused to yourselves, third party and/or your equipment because of the Website's connection or use and you renounce to any legal action against the Publisher by this fact.
If the Publisher happened to be the subject of an amicable or legal procedure because of your Website's use, she would have right of recourse against yourselves to obtain all damages, sums of money, convictions and costs that could result from this procedure.
Article 5 – Intellectual property
All technical documents, products, brands, pictures, texts, comments, illustrations, animated or not graphics, video clips, sounds, together with all computing applications that can be used to make work this Shop and more generally all reproduced or used elements on the Shop are protected by in effect laws under Intellectual Property Code. When these are handed to clients, they remain Elodie ORTIZ’s exclusive property, intellectual property rights’ sole holder on these documents must be returned at her request.
They are the Publisher's full and whole property. Any reproduction, presentation, use or adaptation, in any form whatsoever, full or partial of these elements, including the computing applications, without the Publisher's preliminary written consent, are strictly forbidden. The fact for the Publisher to not start legal proceedings as soon as these unauthorized uses are known doesn't apply as an acceptance of said uses and proceedings renunciation.
Our clients are committed to not use these documents, likely to harm the supplier’s industrial or intellectual property laws and are committed to never divulge to any third party, apart from the Publisher’s preliminary authorization.
Article 6 - Hypertext links
Any hypertext links towards the whole or a part of the Shop set up by the User is strictly forbidden, unless given the preliminary written authorization by the Publisher, requested via mail by the following address: email@example.com.
The Publisher is free to refuse this authorization without explaining herself in any way whatsoever her decision. In the case the Publisher gives the authorization, it would be in any case temporary and could be removed at any moment, without any explanation obligation from the Publisher.
In any case, all links shall be removed on the Publisher’s request.
Any reachable information via a link towards other websites is not published by the Publisher. The Publisher has no right nor responsibility over the contents in said link.
Article 7 – Personal data protection
The collected personal data on this Website are the following:
- Account opening: during the User’s account creation: name; first name; mail address; phone number, address;
- Connection: during the User’s connection to the Shop, it especially saves, their name, first name, connection data, use data, localization and their payment related data;
- Profile: the planned services use on the Shop allows to fill in a profile, including an address and a phone number;
- Payment: as part of the Shop’s proposed products and services payment, it saves financial data related to the User’s bank account or card;
- Communication: When the Shop is used to communicate between other members, these User’s communication data are subject of a temporary preservation;
- Cookies: cookies are used as part of the Website use. The User can disable the cookies via their browser’s parameters.
Personal data use
The collected personal data from the Users have the set goal to provide services, updates from the Shop and to keep a secured environment. The processing legal basis is the contract accomplishment between the User and the Shop. Especially, their use are the following:
- Shop’s access and use by the User;
- Shop’s operating and optimization management;
- User assistance execution;
- Verification, identification and authentication of the data provided by the User;
- Service customization by displaying ads depending of the User’s navigation history, according to their preferences;
- Fraud and malwares (malicious softwares) prevention and detection and security incidents management;
- Potential dispute with the Users management;
- Commercial and ads sending, according to the User’s preferences;
- Organization of the conditions of payment services use
Sharing personal data with third party
The personal data can be shared with third party companies exclusively in European Union in the following cases:
- When the User uses payment services, for the service execution, the Shop is related to third party banking and financial companies with whom the Shop signed contracts;
- When the User publishes, in the Shop’s free comment area, public accessible info;
- When the User allows a third party’s website the access to their data;
- When the Shop uses service providers in order to provide the Users assistance, ads and payment services. These service providers have limited access to the User’s personal data, within the framework of these services, and have the contractual obligation to use them in compliance with the personal data protection practical rules’ measures;
- If the law requires it, the Shop can transmit data to follow up on presented disputes against the Shop and conform to administrative and legal procedures.
- If the Website is involved in a merger, purchase, asset sales or receivership process operation, it would be led to give in or share a part or its whole assets, including personal data. In this case, the Users will be informed before the personal data are transferred to a third party.
Safety and confidentiality
The Website makes use of organizational, technical, software and physical measures concerning digital security in order to protect the personal data against modifications, destructions and unauthorized access. However, it should be known that Internet isn’t a fully secure environment and the Website can’t guarantee the transmission or information storage’s security on the Internet.
Users’ rights application
Putting into practice the personal data regulations, the Users have at their disposal the following rights:
· Access right: they can use their access right, to be acquainted with their concerned personal data, by writing to the mentioned email below. In that case, before this right execution, the Shop can ask the User’s identity proof in order to confirm the accuracy;
· Right to request the rectification: if the personal data kept by the Shop is inaccurate, they can ask for their info update;
· Data erasure right: the User scan ask their personal data removal, in accordance with data protection practicable laws;
· Processing limitation right: the User can ask the Shop to restrict the personal data processing in accordance with the expected hypothesis by the GDPR (General Data Protection Regulation);
· Right to object to processing of data: the User can object their personal data processing in accordance with the expected hypothesis by the GDPR (General Data Protection Regulation);
· Portability right: they can claim the website to hand the supplied personal data over so they can give them to another website.
Presented terms evolution
The Website reserves the right to make any modification to the presented clause relating to the personal data protection at any time. If a changed is made to the presented personal data protection clause, the Website commits to publish the new version on its platform. The Shop will also inform the Users by email in the minimum period of 15 days before the effect date. If the User doesn’t agree with the new written terms of the personal data protection clause, they have the possibility to erase their account.
Article 8 - Cookies
The Website ElloweenCreations can automatically collect standard information. All indirectly collected information will be only used to follow the volume, type and traffic configuration using this website, to develop its design, layout and other administrative and planning purposes and more generally to improve the offered services.
Article 9 - Practicable law
The presented terms and conditions of use are submitted to the French law application.
If the various parties can’t resolve a dispute with an amicable settlement, the dispute will be submitted to the French court’s jurisdiction.