GENERAL CONDITIONS OF USE OF THE PURESSENTIEL WEBSITE

ARTICLE 1 - GENERAL INFORMATION

This website (hereinafter referred to as the "Website") is published by PURESSENTIEL FRANCE, a simplified joint-stock company with a capital of €400,000, registered in the Paris Trade and Companies Register under number 418 425 716, whose registered office is located at 122 Boulevard Exelmans - 75016 PARIS: info@puressentiel.com; +33 1 44 40 55 00 (hereinafter referred to as "PURESSENTIEL").

Director of publication: Isabelle PACCHIONI.

The Website is hosted by EQUINOA, 92 rue Réaumur - 75002 Paris.

Navigation on this Website is subject to the regulations in force.
These provisions, the Legal Notices on the Website and the Personal Data Protection Charter constitute the general terms and conditions of use of the Website (hereinafter referred to as the "General Terms and Conditions of Use" or "GTC") to which Users are subject when browsing the Website.

The purpose of the Website is to provide Users with information and assistance concerning all PURESSENTIEL's activities, products, services, and offers.

ARTICLE 2 - DEFINITIONS

"Personal Data Protection Charter" or "PD Protection Charter”: refers to the privacy policy concerning personal data (hereinafter referred to as "PD") accessible at the following URL: https://fr.puressentiel.com/charte-protection-donnees-personnelles ;

"Order": means the distance selling contract which is considered as concluded from the moment when the Buyer confirms his order by clicking on the "Pay" or "Continue" icon;

"Account": means all the computer and network resources assigned to a User who can only use them by identifying himself on the Website with his user name and password;

"Cookie": means the file sent by the webserver to the User's browser. It is stored in the memory of his device;

 "Personal Data" or "PD": means information that identifies a natural person, directly (for example surname, first name, address, etc.) or indirectly, in particular by reference to an identifier (for example, the one used to access a service or space);

"Force Majeure": means one or more unpredictable, irresistible and external events making it absolutely impossible for either Party to fulfil its commitments within the meaning of the legislation in force and case law;

"Product(s)": refers to the product(s) developed, manufactured and marketed by PURESSENTIEL and offered for sale on the Website;

"Service": means all the content and resources present on the Website, provided by PURESSENTIEL and made available to the User, in particular when consulting the Website, creating an account or purchasing;

"Territory": means the following territory, including metropolitan France and Corsica;

"User": means any natural person having access to the Website regardless of where they are located and how they are connected.

ARTICLE 3 - USE AND ACCESS TO THE WEBSITE

Access to and use of the Website implies the User's unreserved acceptance of the GTC of Use (including these GTCs and the PD Protection Charter). The User therefore confirms that he or she has read and understood all of these GTCs before using the Services and undertakes to comply with them.

The User who does not wish to accept all or part of the GTCs or any subsequent modification must refrain from using the Website.

The Website is available free of charge at the following address: https://corpo.puressentiel.com/en. PURESSENTIEL reserves the right to interrupt or temporarily suspend access to the Website or to modify access to it for maintenance or any other reason, without this entitling the User to any compensation.

To be able to use the Website, the User must have computer equipment compatible with the minimum technical specifications of PURESSENTIEL. Before using the Website, the User must ensure that his computer equipment is compatible with the use of the Website and the products and services accessible on the Website. Under no circumstances may PURESSENTIEL be held liable in the event that the User is unable to access the Website.

ARTICLE 4 - ACCOUNT CREATION

The User has the possibility, but not the obligation, to create an Account on the Website if he/she wishes to access and benefit from the following Services or offers:

  •  Access all past and current orders;
  •  Access details of Orders, see your invoice or track your package;
  •  Access your information:
    • subscription or unsubscription to the newsletter,
    • delete its account,
  • modify its information (surname, first name, title, email, date of birth);
  •  Access its addresses: view the addresses already registered, add, modify or delete an address;
  • Change its password

By creating an Account, the User accepts these GTCs and the PCD Protection Charter. In addition, it is specified that access to the Services does not include automatic subscription to PURESSENTIEL newsletters.

The creation of an Account on the Website is reserved for any natural person aged at least 18 (eighteen) years and/or legally capable.

Concerning his rights, the identified User has, at any time, the possibility to modify the information he wishes to receive or to unsubscribe by clicking on the link provided for this purpose located at the bottom of each of the newsletters. This link is also available on the Website under the heading "My Account".

All fields in the Account creation form must be completed except for those indicated as optional. Any failure to reply will result in the non-creation of an Account. All information provided by the User must be accurate.

When the User creates an Account on the Website, he/she receives an email confirming the creation of an Account on the same day.

PURESSENTIEL reserves the right to delete any Account that does not comply with these GTCs.

Each User agrees not to publish, without this list being exhaustive:

  • content that violates the rights of others (privacy, image rights, etc.) or is defamatory, abusive, obscene or offensive or infringes on the protection of children and adolescents;
  • content that is violent, pornographic, suicide or that would encourage the commission of crimes or offences, discrimination and racial hatred;
  • content intended to broadcast commercial, advertising, promotional or propaganda messages;
  • content containing advice or comments that contravene legal and regulatory provisions;
  • content that infringes copyright (in particular the reproduction, representation or distribution of a work), related rights, trademark law or the law applicable to databases;
  • hypertext links referring to or referring to external Websites or referring to information containing computer viruses or circumvention of technical protection devices or allowing any act of hacking or hindering or disrupting access to and use of the Website, networks, servers connected to the Website;
  • In general, any content contrary to law and/or public order.

ARTICLE 5 - INTELLECTUAL PROPERTY

The Website is the exclusive property of PURESSENTIEL. The Website and all of its content, including texts, still or animated images, databases, programs, etc., are protected by the intellectual property legislation currently in force in France. PURESSENTIEL is the owner and/or has the authorization to use all the rights relating to the logos, trademarks, distinctive signs, texts, illustrations, photographs, images and videos as well as the databases and software used in the context of the operation of the Website.

As such, PURESSENTIEL only grants Website Users permission to view its content on a personal and private basis, to the exclusion of any public viewing or distribution. Users are granted permission to reproduce only in digital form on their viewing computer for the purpose of viewing the pages viewed by their browser software. Paper printing is authorized for private copying purposes for the exclusive use of the copyist within the meaning of Article L122-5 2° of the Intellectual Property Code.

Any other use not expressly referred to in these GTCs is not permitted and requires the prior written consent of PURESSENTIEL.

ARTICLE 6 - LINKS TO OUR WEBSITE

Users may create a link to any page of the Website, however, PURESSENTIEL reserves the right to request the removal of said link if this link is on a Website and/or medium that affects the list mentioned above in Article 4.

These links may only be made for non-commercial purposes and in accordance with the legal or regulatory provisions in force and as long as this does not damage PURESSENTIEL France's reputation or if the User derives any benefit from it. The link Website (hereinafter referred to as the "Link Website") must not disseminate content of a pornographic, immoral, insulting, racist, discriminatory or consisting of a provocation of crimes and offences and hatred based on race, religion, sex, appearance or any other nature, or containing any false, inaccurate or erroneous statement on the Website and/or on PURESSENTIEL.

Users are expressly prohibited from creating a link to the Website in order to suggest any form of association, approval or support from PURESSENTIEL that does not exist. Users may not delete or obscure, by framing or otherwise, advertisements, and more generally any content published on the Website.

If PURESSENTIEL authorizes a link to the Link Website, such link must be set up under the following conditions:

  • Under no circumstances does the authorization granted by PURESSENTIEL mean that:
  1. PURESSENTIEL FRANCE sponsors, cooperates, verifies or supervises the content and/or services provided by the Link Website; or
  2. PURESSENTIEL is responsible for the content of the Link Website;
  • The Link Website must comply with the law and may not distribute content:
  1. illegal, harmful or which would contravene ethics and morality (pornographic, violent, racist, etc.); and
  2. likely to mislead or deceive Users about PURESSENTIEL or its activities, products and services.

As such, PURESSENTIEL may request the deactivation and deletion of this link at any time and without notice.

The domain name "corpo.puressentiel.com" and all its extensions are the exclusive property of PURESSENTIEL.

ARTICLE 7 - LINKS TO OTHER WEBSITES

From this Website, you can access other websites through redirection URLs. These third parties’ websites are not under the control of PURESSENTIEL, which is not responsible for the availability of the websites and their content. The provision of links is intended for the information of Users and does not imply any liability on the part of PURESSENTIEL.

ARTICLE 8 - WARRANTY / LIABILITY

8.1 Liability of PURESSENTIEL

PURESSENTIEL will make its best efforts to provide Users with up-to-date and up-to-date information. However, PURESSENTIEL cannot be held liable for any errors, omissions or results obtained as a result of misuse of this information. Similarly, the User expressly acknowledges and accepts that PURESSENTIEL may not be held liable in particular for interruptions and/or slowdowns of the Website in cases of Force Majeure, damage related to the operation of the Internet network, or failure of hosting services. In addition, PURESSENTIEL cannot be held responsible for messages, content or information for which it is not the direct author. PURESSENTIEL undertakes to correct errors or omissions as soon as they have been brought to its attention, and more generally to modify at any time all or part of the Website as well as these provisions without its liability being engaged as a result.
Downloading any material while using the Service is at the User's own risk. Users shall be solely responsible for any damage suffered or caused by their computer or any loss of data resulting from this download.
More generally, PURESSENTIEL may under no circumstances be held liable for any direct and/or indirect damage resulting from the use of this Website.

With regard to data security, in accordance with its PD Protection Charter, PURESSENTIEL undertakes to take all necessary precautions, including all technical and organizational measures, to preserve the security of the data collected on this Website and prevent it from being distorted, damaged or accessed by unauthorized third parties.

8.2 User's responsibility

The User undertakes to comply with all applicable laws and regulations, and in particular not to post, communicate or transmit any information, content, images or messages that may be considered insulting, defamatory, racist, contrary to morality and morality, pornographic, discriminatory or inciting crimes and offences and hatred based on race, religion, sex, appearance or any other nature. The
User undertakes to respect the rights of third parties and in particular the intellectual property rights and the right to privacy as detailed in the Article "Intellectual Property" above.

The User acknowledges having read the provisions of the PD Protection Charter and accepts its obligations.
The User also undertakes not to alter the functioning of computer systems or usurp or divert the identifiers, denominations, attributes of other Users, and in general not to carry out in any way any action likely to create confusion in the minds of Users.
The User undertakes not to engage in any conduct likely to damage the image, interests and rights of PURESSENTIEL or a third party, or to carry out any action likely to damage, alter, interrupt, overload or interfere with the normal functioning of the Website.
In the event of a breach of the GTCs, PURESSENTIEL reserves the right to limit, suspend and terminate the User's access to the Website and to take all technical measures to this end.
The User is solely responsible for the use he makes of the Services available on the Website. The
User is responsible for the content, messages, information or images he puts online and will be held liable for any direct or indirect damage of any kind whatsoever, caused by any use of the Website or any other breach of these GTCs.

ARTICLE 9 - PERSONAL DATA

PURESSENTIEL may store and process PDs relating to Website Users in order to perform the tasks related to its activity. The latter understand and accept that the processing of PD is necessary to process the various requests. PURESSENTIEL in the context of its activities and in accordance with the legislation in force in France (Law of 6 January 1978, known as "Informatique et Libertés", amended by the Law of 20 June 2018 and by the Decree of 30 May 2019) and in Europe, in accordance with (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter referred to as the "GDPR"), undertakes to comply with applicable legislation, to ensure the protection, confidentiality and security of the PD of Users of the Website, as well as to respect their private life.

The conditions for the collection and processing of Users' PD are specified in the PD Protection Charter available on the Website, allowing the User to exercise their choice regarding the placement and reading of Cookies according to their purpose and regarding the collection and processing of Users' PD. However, it is specified that by continuing to browse this Website, the User accepts the use of Cookies or other tracking devices to compile statistics of visits in order to optimize the functionality of the Website. The duration of this consent is to be renewed every 13 (thirteen) months. The information is collected on the Website and is intended solely for PURESSENTIEL and its service providers. This information makes it possible to send him, unless the User objects, information on PURESSENTIEL's Products and services and to carry out customer relationship management operations.

PURESSENTIEL takes all reasonable measures to ensure the accuracy and relevance of the PDs for the purposes for which it processes them, in accordance with the aforementioned GDPR. PURESSENTIEL does not keep the PDs for longer than the period necessary to achieve the purpose of the processing, while respecting the applicable legal and regulatory limits or another period taking into account operational constraints such as effective customer relationship management and responses to legal claims or the supervisory authorities on which PURESSENTIEL depends.

In accordance with the European regulations in force, each person has the following rights:

  • right of access (Article 15 GDPR) and rectification (Article 16 GDPR), updating, completeness of Users' data;
  • right to erase personal User data (Article 17 of the GDPR);
  • right to withdraw consent at any time (Article 13(2)(c) GDPR);
  • right to limit the processing of Users' data (Article 18 GDPR);
  • right to object to the processing of Users' data (Article 21 GDPR);
  • the right to the portability of the data provided by Users, when such data are processed automatically on the basis of their consent or a contract (Article 20 GDPR).

If the User wishes to (i) know how PURESSENTIEL uses its PDs, (ii) request to rectify them or oppose their processing, the User may contact the PURESSENTIEL DPO in writing at the following address: 122 Boulevard Exelmans, 75016 Paris, or by email at rgpd@puressentiel.com In this case, he must indicate the PDs he wishes to have corrected, updated or deleted, by identifying himself precisely. Requests to delete Users' PDs will be subject to the obligations imposed on PURESSENTIEL by law, in particular with regard to the conservation or archiving of documents. All requests must be signed and specify the address to which PURESSENTIEL must send the response. PURESSENTIEL may ask the User for an identity document or additional information, in case of reasonable doubt, in order to verify his identity as part of the request.

The conditions for the collection and processing of Users' PD are specified in the PD Protection Charter, which can be consulted on the Website at the following URL address https://fr.puressentiel.com/charte-protection-donnees-personnelles, allowing Users to exercise their choice concerning the deposit and reading of Cookies according to their purpose and concerning the collection and processing of Users' PD. However, it is specified that by continuing to browse this Website, the User accepts the use of Cookies or other tracking devices to compile statistics of visits in order to optimize the functionality of the Website. This PD collection is limited to the information necessary to achieve these purposes.

The notices published on the Website https://corpo.puressentiel.com/en are subject to moderation before publication. Moderators may delete notices of a hateful nature or containing offensive comments, as well as notices that are not in conformity from a regulatory point of view. The experience date of the opinion is shown in the upper right-hand corner of the opinion produced next to the stars. Notices are classified in ante chronological order of publication and are moderated within a maximum period of 10 (ten) weeks.  A notice has a maximum retention period of 5 (five) years. The publication of a notice does not give rise to any consideration on the part of PURESSENTIEL.

Finally, any User has the right to lodge a complaint with the competent supervisory authority (in France, this is the “Commission Nationale de l'Informatique et des Libertés” or “CNIL”) concerning the processing of his PD, after a request to PURESSENTIEL.

ARTICLE 10 - MODIFICATION OF THE WEBSITE AND TERMS OF USE

PURESSENTIEL reserves the right to modify the GTCs, Legal Notices and the PD Protection Charter at any time.

The latest version of the GTCs of Use in force is permanently accessible on the Website via the dedicated tabs "Legal Notices", "General Terms and Conditions of Use" and "PD Protection Charter" and can be consulted at any time by Users. The User is therefore invited to consult this section regularly, as updates may have been made since his last visit.

ARTICLE 11 - SECURITY

PURESSENTIEL makes every effort, within the framework of a general obligation of means, to provide Users with a secure website. PURESSENTIEL declines all responsibility for any technical defects related to the use of the Website.

ARTICLE 12 - APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION

The use of the Website is governed by French law.

Any dispute that could not be settled amicably between the parties shall be submitted to the competent French court.

Last updated on December 1st, 2019

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