Terms and Conditions of Use

ARTICLE 1. PARTIES 

These general conditions are applicable between DolceVia, SAS, share capital: €2,000, registered with the Paris Trade and Companies Register (RCS) in France on 15/06/2023, under number 953 638 848, registered office: 44 rue Laffitte, Paris 75009, France, telephone: +33 7 60 83 06 09, email: contact@dolcevia.eu, hereinafter « the Publisher » and any person, natural or legal, of private or public law, registered on the Site to purchase a Product, hereinafter « the Client ». 

ARTICLE 2. DEFINITIONS 

« Client »: any person, natural or legal, of private or public law, registered on the Site. 

« Site Content »: elements of any nature published on the Site, protected or not by an intellectual property right, such as texts, images, designs, presentations, videos, diagrams, structures, databases, or software.  

« The Publisher »: DolceVia SAS, SAS in its capacity as publisher of the Site. 

« Internet User »: any person, natural or legal, of private or public law, connecting to the Site. 

« Product »: goods of any nature sold on the Site by the Publisher to Clients. 

« Site »: website accessible at the URL https://www.dolcevia.eu, as well as its sub-sites, mirror sites, portals, and related URL variations. 

ARTICLE 3. SCOPE OF APPLICATION 

The Site is freely accessible to any Internet User. Browsing the Site implies acceptance by any Internet User of these general conditions. The simple connection to the Site, by any means whatsoever, including through a robot or a browser, shall constitute full and complete acceptance of these general conditions. When registering on the Site, this acceptance will be confirmed by ticking the corresponding box. 

The Internet User hereby acknowledges having fully read and accepted them without restriction.  

Ticking the aforementioned box shall be deemed to have the same value as a handwritten signature by the Internet User. The Internet User acknowledges the probative value of the Publisher's automatic registration systems and, unless proven otherwise, waives the right to dispute them in the event of a dispute. 

These general conditions are applicable to the relations between the parties to the exclusion of all other conditions, and in particular those of the Internet User.  

Acceptance of these general conditions implies that Internet Users have the necessary legal capacity to do so, or failing that, that they have the authorization of a guardian or curator if they are incapacitated, of their legal representative if they are minors, or that they hold a power of attorney if they are acting on behalf of a legal entity. 

ARTICLE 4. PURPOSE OF THE SITE 

The purpose of the Site is the sale of Products and services to Clients. 

ARTICLE 5. CUSTOMER SERVICE 

 The Site's customer service is accessible from the site's contact page: https://www. https://dolcevia.eu/contact/ or by email at contact@dolcevia.eu or by postal mail at the address indicated in article 1 of these general conditions. 

ARTICLE 6. PERSONAL ACCOUNT 

6.1. CREATION OF A PERSONAL ACCOUNT 

The creation of a personal account is an essential prerequisite for any order placed by an Internet User on the Site. To this end, the Internet User will be invited to provide a certain amount of personal information. Some of this information is deemed essential for the creation of the personal account. The refusal by an Internet User to provide said information will prevent the creation of the personal account and, incidentally, the validation of the order.  

When creating the personal account, the Internet User is invited to choose a password. This password guarantees the confidentiality of the information contained in the personal account. The Internet User therefore undertakes not to transmit or communicate it to a third party. Otherwise, the Publisher cannot be held responsible for unauthorized access to an Internet User's personal account. 

The Client undertakes to regularly verify the data concerning them and to carry out the necessary updates and modifications online, from their personal account. 

6.2. CONTENT OF THE PERSONAL ACCOUNT 

The personal account allows the Client to consult and track all their orders placed on the Site. 

Pages relating to personal accounts are freely printable by the account holder in question, but do not in any way constitute admissible proof in a court of law. They are for informational purposes only, intended to ensure efficient management of orders by the Client. 

The Publisher undertakes to securely store all contractual elements whose retention is required by law or current regulations. 

6.3. DELETION OF THE PERSONAL ACCOUNT 

The Publisher reserves the right to delete the account of any Client who violates these general conditions, particularly when the Client provides inaccurate, incomplete, false or fraudulent information, as well as when a Client's personal account has remained inactive for at least one year. Said deletion shall not be considered a fault of the Publisher or a damage to the excluded Client, who shall not be entitled to any compensation as a result. 

This exclusion is without prejudice to the Publisher's ability to initiate legal proceedings against the Client, when the facts justify it. 

ARTICLE 7. PERSONAL DATA 

As part of its services, the Publisher will be required to process personal data of its Clients. 

7.1. IDENTITY OF THE DATA CONTROLLER 

The controller for the collection and processing of data on the Site is the Publisher. 

7.2. DATA COLLECTED 

7.2.1. DATA COLLECTED FROM CLIENTS 

As part of its contractual relations, the Publisher may collect and process information from its Clients, namely: Email, First and last name, Telephone, Address, State, Province, Zip code, City, Contract history. 

7.2.2. PURPOSES OF PERSONAL DATA COLLECTION 

The data collected during the contractual relationship are subject to automated processing aimed at: 

executing contractual commitments; 

contacting Clients; 

preventing any illicit or illegal activity; 

enforcing the general conditions; 

initiating legal proceedings; 

verifying the identity of Clients; 

7.2.3. LEGAL BASES FOR PROCESSING 

The legal basis for the collected data is a contractual relationship. 

7.2.4. DATA RECIPIENTS 

The collected data can only be accessed 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 natural person. 

7.2.5. PERSONAL DATA RETENTION PERIOD 

The personal data collected is stored for the duration of the contractual relationship, and for the period during which the Publisher's liability may be engaged.  

After the retention period, the Publisher undertakes to permanently delete the data of the data subjects without keeping a copy. 

7.2.6. SECURITY AND CONFIDENTIALITY OF PERSONAL DATA 

Personal data is kept securely, 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 secured. 

7.2.7. DATA MINIMIZATION 

The Publisher may also collect and process any data voluntarily transmitted by its Clients. 

The Publisher guides its Clients to provide personal data strictly necessary for the execution of contractual commitments.  

The Publisher undertakes to retain and process only the data strictly necessary for its professional activities, and will delete any received data not useful for its activities as soon as possible. 

7.3. RESPECT FOR RIGHTS 

The Publisher's Clients have the following rights concerning their personal data, which they can exercise by writing to the Publisher's postal address or by filling out the online contact form. 

7.3.1. RIGHT TO INFORMATION, ACCESS AND COMMUNICATION OF DATA 

The Publisher's Clients have the possibility to access their personal data. 

Due to the Publisher's obligation of security and confidentiality in the processing of personal data, requests will only be processed if Clients provide proof of their identity, notably by producing a scan of their valid identity document (in case of a request via the dedicated electronic form) or a signed photocopy of their valid identity document (in case of a written request), both accompanied by the mention « I certify on my honor that the copy of this identity document is true to the original. Done at … on … », followed by their signature. 

To assist them in their efforts, Clients will find here a letter template developed by the Cnil. 

7.3.2. RIGHT TO RECTIFICATION, ERASURE, AND RIGHT TO BE FORGOTTEN 

The Publisher's Clients have the possibility to request the rectification, update, locking or erasure of their personal data which may be inaccurate, erroneous, incomplete or obsolete. 

The Publisher's Clients can also define general and specific directives concerning the fate of personal data after their death. Where appropriate, the heirs of a deceased person can request that the death of their loved one be taken into account and/or that necessary updates be made. 

To assist them in their efforts, Clients will find here a letter template developed by the Cnil. 

7.3.3. RIGHT TO OBJECT TO DATA PROCESSING 

The Publisher's Clients have the possibility to object to the processing of their personal data.  

To assist them in their efforts, Clients will find here a letter template developed by the Cnil. 

7.3.4. RIGHT TO DATA PORTABILITY 

The Publisher's Clients have the right to receive the personal data they have provided to the Publisher in a transferable, open, and readable format.  

7.3.5. RIGHT TO RESTRICTION OF PROCESSING 

The Publisher's Clients have the right to request that the processing of their personal data by the Publisher be restricted. Thus, their data can only be stored and no longer used by the Publisher. 

7.3.6. RESPONSE TIMES 

The Publisher undertakes to respond to any request for access, rectification or opposition or any other additional request for information within a reasonable period, which shall not exceed 1 month from the receipt of the request. 

7.3.7. COMPLAINT TO THE COMPETENT AUTHORITY 

If the Publisher's Clients believe that the Publisher is not complying with its obligations regarding their personal data, they can submit a complaint or request to the competent authority. In France, the competent authority is the Cnil, to which they can submit a request here. 

7.4. TRANSFER OF COLLECTED DATA  

7.4.1. TRANSFER TO PARTNERS 

The Publisher uses authorized service providers to facilitate the collection and processing of its Clients' data. These service providers may be located outside the European Union. 

The Publisher has previously ensured that its service providers implement adequate safeguards and comply with strict conditions regarding confidentiality, use, and data protection, for example via the US Privacy Shield. 

The Publisher uses the following subcontractors: 

Partner Quality Recipient country Processing performed Guarantees 

Facebook Ads manager Subcontractor and Co-processor USA (Privacy Shield) Carrying out prospecting operations. https://www.facebook.com/policy.php 

Facebook Analytics Subcontractor and Co-processor USA (Privacy Shield) Compilation of commercial statistics to generate reports on Internet Users' interactions. https://www.facebook.com/policy.php 

Google Analytics Subcontractor and Co-processor USA (Privacy Shield) Compilation of commercial statistics to generate reports on Internet Users' interactions. https://policies.google.com/privacy 

Google Adwords Subcontractor and Co-processor USA (Privacy Shield) Carrying out prospecting operations. https://policies.google.com/privacy 

Instagram Co-responsible USA (Privacy Shield) Management of people's opinions on products, services or content. https://help.instagram.com/519522125107875 

Youtube Co-responsible USA (Privacy Shield) Video hosting. https://policies.google.com/privacy?hl=fr&gl=fr 

Facebook Co-processor USA (Privacy Shield) Management of people's opinions on products, services or content. https://www.facebook.com/policy.php 

7.4.2. TRANSFER UPON REQUEST OR JUDICIAL DECISION 

Clients also consent to the Publisher communicating the collected data to any person, upon requisition by a state authority or by judicial decision.  

7.4.3. TRANSFER IN THE CONTEXT OF A MERGER OR ACQUISITION 

If the Publisher is involved in a merger, asset sale, financing operation, liquidation or bankruptcy or in an acquisition of all or part of its business by another company, Clients consent to the collected data being transmitted by the Publisher to this company and for this company to carry out the personal data processing referred to in these General Terms of Service in place of the Publisher. 

ARTICLE 8. INTELLECTUAL PROPERTY  

8.1. LEGAL PROTECTION OF SITE CONTENT 

The Site Contents may be protected by copyright and database rights. Any representation, reproduction, translation, adaptation or transformation, in whole or in part, carried out illegally and without the consent of the Publisher or its beneficiaries or assigns constitutes a violation of Books I and III of the Intellectual Property Code and may give rise to legal proceedings for infringement. 

8.2. CONTRACTUAL PROTECTION OF SITE CONTENT 

The Internet User contractually undertakes vis-à-vis the Publisher not to use, reproduce or represent, in any manner whatsoever, the Site Contents, whether or not they are protected by an intellectual property right, for any purpose other than their reading by a robot or a browser. This prohibition is not applicable to indexing robots whose sole purpose is to scan the content of the Site for indexing purposes. 

ARTICLE 9. FINAL STIPULATIONS 

9.1. APPLICABLE LAW 

These general conditions are subject to 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 Client are those in force on the day of their order or their connection to this Site, any new connection to the personal account implying acceptance, where applicable, of the new general conditions.  

9.3. DISPUTES 

Pursuant to Ordinance n°2015-1033 of August 20, 2015, all disputes that may arise in the context of the execution of these general conditions and for which a solution could not be found amicably between the parties must be submitted to Medicys: www.medicys.fr. 

Furthermore, the Client 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 

Any dispute relating to or in connection with this contract shall be settled by arbitration in accordance with the rules of the Digital Institute of Arbitration and Mediation: www.fast-arbitre.com. 

9.4. ENTIRETY 

The nullity of one of the clauses of this contract will not entail 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 hypothesis, the parties will, as far as possible, replace the annulled stipulation with a valid stipulation corresponding to the spirit and purpose of these presents. 

9.5. NON-WAIVER 

The absence of exercise by the Publisher of the rights recognized to it by these presents shall in no case be interpreted as a waiver of said rights. 

9.6. TELEPHONE SOLICITATION 

The Client is informed that they have the possibility to register on the telephone solicitation opposition list at http://www.bloctel.gouv.fr/.  

9.7. LANGUAGES OF THESE GENERAL CONDITIONS 

These general conditions are offered in French. 

9.8. ABUSIVE CLAUSES 

The stipulations of these general conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning abusive clauses in contracts concluded between a professional and a consumer.