FR

General condition of use of the puressentiel website

ARTICLE 1 - GENERAL INFORMATION


This website (hereinafter referred to as the "Site") is published by LABORATOIRE PURESSENTIEL SA, a limited company with a capital of € 1,400,000, registered with the Banque Carrefour des Entreprises under the number 0875.144.193, whose registered office is located at Avenue Molière 144, 1050 Brussels, Belgium: XXX (hereinafter referred to as "PURESSENTIEL")
Director of publication: Isabelle PACCHIONI.
The Website is hosted by Shopify Inc.
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://corpo.puressentiel.com/pages/privacy-policy ;
"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. 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.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'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: PURESSENTIEL sponsors, cooperates, verifies or supervises the content and/or services provided by the Link Website; or PURESSENTIEL is responsible for the content of the Link Website; The Link Website must comply with the law and may not distribute content: illegal, harmful or which would contravene ethics and morality (pornographic, violent, racist, etc.); and 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 "uk.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

9.1 The User is informed that PURESSENTIEL may store and process PII concerning him/her in order to carry out the tasks linked to its activity within the framework of access, consultation, navigation and use of the Site and the services it offers. These PII are subject to protection by law. For this reason, PURESSENTIEL, in its capacity as data controller, has set up appropriate security and confidentiality measures in order to protect the Users' PADs. For any additional information on the conditions of collection, processing or exercise of their rights in relation to the PDS, the Users are invited to consult the PDS Protection Charter available on the Site at the following URL address https://corpo.puressentiel.com/pages/privacy-policy.

If the User wishes (i) to know how PURESSENTIEL uses his DCP, (ii) to ask to rectify them, to oppose their processing or to ask to delete them, the User can contact the DPO of PURESSENTIEL 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 DCP he wishes to see corrected, updated or deleted, by identifying himself in a precise manner. Requests for deletion of the Users' DCP will be subject to the obligations imposed on PURESSENTIEL by the law, notably in terms of conservation or archiving of documents. Any request must be signed and specify the address to which PURESSENTIEL must send the answer. PURESSENTIEL is likely to ask the User for an identity document or additional information, in case of reasonable doubt, in order to verify his identity in the context of the request.

9.2 The User is informed that the conditions of collection and processing of cookies are specified in the Cookies Policy that can be consulted on the Site at the following URL address https://corpo.puressentiel.com/pages/cookies-privacy-policy, allowing the Users to exercise their choice concerning the deposit and reading of Cookies according to their purpose. The information is collected on the Site and is only intended for PURESSENTIEL and its service providers. This information makes it possible to send information on PURESSENTIEL's Products and services and to carry out customer relationship management operations, unless the User objects.

ARTICLE 10 - REVIEW MODERATION POLICY

10.1 The User is informed, understands and accepts that the opinions deposited on the Site are subject to control and moderation before any publication, the policy of which is defined in the present Article.

In this respect, PURESSENTIEL moderates the notices under the following conditions:
- Only the Users who are over 18 years old and/or legally capable and who have made a purchase on the Site can post an opinion on the Site;
- The opinions are then processed internally without any third party intervening.
- Any review submitted is subject to the User's express prior consent to its transmission and possible subsequent use(s);
- When a notice is filed, the following information is collected by PURESSENTIEL:
o Date of submission of the notice ;
o Note /5 ;
o Product concerned ;
o Name, first name, e-mail address of the User;
o Date of use of the Product;
o Content of the review.
Subject to the paragraph below, reviews are published on a weekly basis

10.2 The User is informed and that PURESSENTIEL reserves the possibility of not publishing the notices left on the Site for the following reasons:
- In case of non-respect of the present GTU and notably Article 8.2;
- In case of content of a hateful, discriminatory nature, or conveying offensive remarks;
- In the event of content that is not directly related to the Product for which the notice was submitted;
- In case of content mentioning the online / offline pricing policy (freedom for our retailers to set their prices);
- In case of content resulting from a quality problem (malfunction, defect, etc);
- In case of content associated with an allergic reaction (widening of medical effectiveness);
- In case of content referring to competitors;
- In case of false, inaccurate or misleading content;
- In the case of content that violates the copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of a third party;
- For content that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- In case of content that includes any information that refers to other websites, addresses, e-mail addresses, contact details or telephone numbers, or other information (name, surname...) that would allow the User to be identified;
- In case of content that contains computer viruses, worms or other potentially damaging computer programs or files.
- In case of critical comments on other opinions published on the Site or on their authors;
- In the event of comments relating to another product or to problems encountered during orders (delivery problems, etc.), resulting from improper use of the Product by the User.
When the content of a notice is concerned by one of the reasons defined above, PURESSENTIEL will inform the User by email of the non-publication of the notice submitted at the latest 10 (ten) weeks after its submission.

10.3 The duration of conservation of the notices on the Site is 5 (five) years as from their diffusion.
The average publication period between the submission of a notice by the User and its moderation (publication or not on the Site) will be a maximum of 10 (ten) weeks.
It is specified that no compensation will be offered to the User who submits an opinion on the Site.

ARTICLE 11 - MODIFICATION OF THE SITE AND THE TERMS OF USE

PURESSENTIEL reserves the right to modify at any time the GTUs, the GTCs, the Cookies policy, the Legal Notices and the Charter of Protection of the DCP.
The last version in force of the General Conditions of Use is permanently accessible on the Site via the dedicated tabs " Legal Notices ", " General Conditions of Use " and " Charter of Protection of the DCP " and can be consulted at any time by the Users. The User is therefore invited to consult this section regularly, as updates may have been made since his last visit.

ARTICLE 12 - 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 13 - APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION

The use of the Website is governed by England and Wales laws. Any dispute that could not be settled amicably between the parties shall be submitted to the competent French court.

Updated 25.04.2022