GENERAL CONDITIONS APPLICABLE TO THE “SAMI” DISTANCE SELLING CONTRACT
ARTICLE 1 – GENERAL / PRESENTATION OF THE PARTIES
The present General Conditions of Sale are intended to govern the orders placed online on the website: www.samicup.com.
– The term “Customer” refers to the natural person who orders the goods; It is expressly agreed that the sale of the goods is made on a personal basis, as a consumer. Therefore, the customer confirms that the contract is not concluded for professional purposes and does not fall within the scope of his main activity or within the framework of any commercial, industrial, craft, liberal or agricultural activity. The customer also acknowledges and confirms by the acceptance of these general conditions to be of age (18 years old) and to have the legal capacity to subscribe to the sale.
– the term “Company, Corporation, Vendor” refers to SAMI
SAMI, a simplified joint stock company, registered in the NANTES Trade and Companies Register under SIREN 914073267, whose head office is located at 96 rue du Fief Heulin 44430 Le Loroux Bottereau.
Intracommunity VAT number : FR34914073267
AXA group insurance policy, 77 rue Georges Clemenceau 44840 Les Sorinières, 02 51 71 88 58 contract n°0000021382217704.
ARTICLE 2 – PURPOSE AND SCOPE OF THESE TERMS AND CONDITIONS OF SALE
Purpose and scope of application
The purpose of the present general conditions of sale (hereinafter referred to as “GCS”) is to set out the terms and conditions of the online sales contract concluded between the company and the customer exclusively through the website www.samicup.com
Consequently, it is expressly specified that this contract of sale of goods, is concluded at a distance, between a consumer and a professional.
Availability of the T&Cs
The general terms and conditions of sale are made available for access and download at any time on the website www.samicup.com. These GTC will also be sent to the customer by email with the order validation email.
The knowledge and the acceptance without reserve of the present general conditions of sale are obligatory before any conclusion of contract.
Difficulty of interpretation
In case of difficulty of interpretation between one of the headings in the clauses and one of the clauses, the headings will be declared non-existent.
Modification of the general conditions
SAMI reserves the right and the possibility to adapt or modify at any time the present general conditions of sale. In the event of a change, the general terms and conditions in effect on the day of the conclusion of the sales contract shall apply to each sale.
ARTICLE 3 – PRESENTATION OF THE COMPANY AND THE PRODUCTS SOLD
SAMI is a company specialized in the sale of silicone protection for glass. The goods offered for sale by SAMI are those listed on the website www.samicup.com on the day the client consults the site.
All products sold by SAMI are new and offered for sale within the limits of available stocks. They are delivered in their original packaging with the instructions for use.
The availability of products is checked by the company at the time of the preparation of the order.
In the event that the product is no longer in stock, the order will simply be cancelled and any amount paid will be refunded within a maximum of 14 days.
The items on sale on this site are only available in the following countries: EUROPE
They comply with the European legislation in force and the standards applicable in France.
The SAMI company undertakes to reproduce the products as faithfully as possible. However, there may be a slight difference from the presentation visuals, depending in particular on the resolution and color definition of the customer’s screen.
In case of questions, the customer is invited to contact the company SAMI at 06 73 89 26 03 or by mail at the following address: [email protected]
ARTICLE 4 : PRICES AND
TERMS OF PAYMENT
The prices indicated on the company’s website are firm and final.
They are expressed in euros and stipulated exclusive of tax and inclusive of all taxes, with mention of the rate and amount of VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store.
They do not take into account the delivery costs, invoiced in supplement, and indicated before the validation of the order.
SAMI reserves the right to modify its prices at any time. The products will be invoiced on the basis of the prices in force at the time of the recording of the order, and subject to availability at this date.
The price of the products presented on the site can nevertheless vary according to the promotional offers in progress.
Any exceptional discount or promotional offer granted to the customer is specified on the order validation. In no case, the customer will be able to prevail himself of a discount not being specified in writing.
2. Terms of payment
It is an order with payment obligation, which means that the placing of the order implies a payment of the customer.
The payment of the totality of the price must be realized at the time of the order. At no time, the sums paid can be considered as deposits or down payments.
To pay for his order, the customer has, at his choice, all the payment methods made available by the seller and listed on the site namely: Bank card, PayPal, MbWay.
The customer guarantees to the seller that he has the necessary authorizations to use the chosen method of payment, when validating the order.
The seller reserves the right to suspend any order processing and any delivery in case of rejection of authorization of payment by credit card from the accredited organizations.
Payments made will only be considered as final after effective collection of the sums due.
3. Payment security
Up2pay e-Transactions offers high security standards: protection of sensitive card data and compliance with international security requirements. This solution respects the DSP2 regulation with systematic authentication requests in 3D Secure V2 integrated by default.
When a purchase is made on our site via Up2pay e-Transactions, the payment process is carried out directly in connection with the Up2pay e-Transactions server, via the TLS (Transport Layer Security) security protocol, which allows the encryption of the data provided by the cardholder on his card. Sensitive data, such as customer credit card numbers, are fully encrypted and protected to prevent the information exchanged from being intercepted in clear text by a third party during the transaction.
Card numbers are instantly encrypted and are not accessible by merchants, nor are they stored on the Up2pay e-Transactions server. Up2pay e-Transactions is also PCI-DSS certified.
ARTICLE 5 : BILLING
The company will send the customer an electronic invoice on the date the order is concluded, stating the due date and the method of payment.
In order to reduce the ecological impact, the company proposes to the customer to send an electronic invoice in PDF format by e-mail. SAMI draws the customer’s attention to the importance of keeping the invoice on a durable medium.
The customer expressly agrees to electronic billing. If necessary, the client is invited to make his opposition known to SAMI.
ARTICLE 6 : ORDERING PROCESS
Any order of products via the site www.samicup.com is worth acceptance of the price as well as the present general conditions of sale.
1. The filling of the basket
The customer selects the products he wants to order and adds them to his basket by clicking on the “Add to basket” box.
The basket located at the top right of the screen informs the Customer of the selections made by indicating in real time the number of products it contains.
The selected products are then listed in the “Shopping Cart” tab that can be consulted at any time, which allows the customer to check and modify in this tab the details of his order (products, quantities, price, color …), by clicking on the “pencil” tab.
2. Verification and validation of the basket
The customer checks the contents of his basket by clicking on the tab “View basket” to have access to the summary of his order. He can then modify his order by clicking on the “pencil” tab.
The total amount of the order, including VAT, distinguishing on the one hand the price due for the products, and on the other hand the delivery costs and any other applicable costs, if any, is indicated in the summary.
Indeed, for contracts concluded by electronic means, the trader reminds the consumer, before he places his order, in a legible and understandable way, of the information relating to the essential characteristics of the goods or services which are the subject of the order, their price, the duration of the contract and, if applicable, the minimum duration of the obligations of the latter under the contract, as provided for in Article L 221-5.
At this stage, if the customer has a privilege code or a discount code [……] he is invited to enter it before validating his cart: the new amount due with the code is then indicated.
Once the information has been verified and/or corrected if necessary, the customer can continue with the order by clicking on the ” Validate the basket ” box.
3. Choice of delivery methods
Once the basket is validated, the customer is asked to indicate the delivery method he/she wishes, as defined in article 7 of the present document. Once the information has been verified and/or corrected if necessary, the customer can continue with his/her order by clicking on the ” Validate delivery ” box.
4. Choice of payment method.
The customer then selects his or her payment method, in accordance with Article 4 hereof. He then checks all the information and clicks on “Validate my payment method” to continue his order.
5. Final validation of the order
The customer then has access to the summary page of the order, on which he/she can check all the elements of the order (description of the good, price, payment terms, delivery terms), and if necessary modify them by clicking on the “pencil” tab.
He checks all the information and clicks on “Validate the order” as well as :
“□ I accept the general terms and conditions of sale of the SAMI company and I understand that validating this order entails an obligation to pay “.
The customer is then redirected to the payment page where he enters his bank details.
The order will be definitively validated only at the last validation of the payment screen of the order, that is to say once the customer has clicked on the box: ” □ Validate my payment “.
6. Confirmation of the order
The trader shall provide the consumer, on a durable medium, within a reasonable period of time after the conclusion of the contract and at the latest at the time of the delivery of the goods or before the start of the performance of the service, with the confirmation of the contract including all the information provided for in Article L. 221-5, unless the trader has already provided it to him, on a durable medium, before the conclusion of the contract The contract is accompanied by the standard withdrawal form mentioned in 2° of the same article.
The SAMIcompany will acknowledge receipt of the order without delay by an initial “order confirmation ” e-mail summarizing the customer’s choices. It is recommended that you print and keep the Order Confirmation Email.
Please note that the Order Confirmation Email does not constitute a confirmation of the availability of the products; it is an automatic acknowledgement of receipt that confirms that SAMI has received your order.
A second email “order validation” email summarizes the products ordered, contains the invoice and the general conditions of sale.
A third email
Shipment Confirmation” email summarizing the products shipped and invoiced is sent when the order is shipped.
SAMI recommends that you print out and keep the e-mails you receive.
The validation of the order by the customer and the confirmation of the shipment sent to the customer by e-mail by SAMI following the acceptance of the payment constitute the conclusion of a sales contract between the parties and the acceptance of the GCS.
7. Preservation of the order
The company reminds the customer that it is up to him to keep a copy of the documents concerning his order (Order Confirmation Email, GTC and any other useful document).
If the amount of the order is equal or superior to 120 euros, SAMI will keep a copy of the order in its files, for the duration provided for by law (10 years). During this period, the Customer may request a copy of the order by writing to the company at the following address: 96 rue du fief heulin 44430 Le LOROUX BOTTEREAU
8. Electronic signature
The online provision of the customer’s credit card number and the final validation of the order will be considered as proof of the customer’s agreement, the payability of the sums due for the order, and the signature and express acceptance of all operations carried out.
In case of fraudulent use of the bank card, the customer is invited, as soon as this use is noticed, to contact 06 73 89 26 03.
ARTICLE 7 : DELIVERY
Delivery means the transfer to the consumer of physical possession or control of the goods.
The goods ordered will be delivered on the date or within the time specified on the product sheet and in the order validation.
For deliveries in Metropolitan France, the delay is 2-10 days
For deliveries outside of France, the delay is 3-10 days
The shipping time runs from the date of registration of the order indicated on the email confirmation of the order.
Terms of delivery
Deliveries will be made at home or in a relay point, by Chronopost, Mondial Relay or Colissimo.
Costs will be calculated by weight of the packaged product and as follows on the three main packs: Pack of 3 units : FROM 1,99€ to 4,55€ HT, Pack of 7 units : FROM 5,18€ to 7,14€, Pack of 14 : FROM 5,85€ TO 7,76€.
Resolution of the contract in case of delay in performance.
For the customer’s full information, it is specified that in case of failure of the seller to fulfill his obligation to perform on the date or at the expiration of the period provided for above, or, failing that, no later than 30 days after the conclusion of the contract, the customer may cancel the contract, in the conditions of articles L. 216-6 and L. 216-7 of the code of consumption, by registered letter with request for acknowledgement of receipt or by a writing on another durable medium, if, after having enjoined, according to the same methods, the professional to provide the service within a reasonable additional period of time, the latter has not complied within that period.
The contract shall then be deemed to be terminated upon receipt by the trader of the letter or writing informing him of such termination, unless the trader has performed in the meantime.
Nevertheless, the customer may immediately terminate the contract if the trader refuses to provide the service or if he fails to perform his obligation to provide the service on the date provided for, if that date or time constitutes an essential condition of the contract for the customer. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request by the consumer before the conclusion of the contract.
The costs and risks associated with this operation are the sole responsibility of the provider.
ARTICLE 8 : CUSTOMER SERVICE AND AFTER-SALES SERVICE
For any question or problem, information or complaint, the customer is invited to contact the company SAMI :
By phone or by email: to his privileged contact Bos Romain whose coordinates will appear on the contractual documents as well as on the samicup website from Monday to Friday from 09h00 to 12h00 and from 14h00 to 18h00 – free call.
The customer will have to bring his invoice number.
ARTICLE 9: GUARANTEES
The Company shall assume the responsibility for the goods towards the Client in accordance with the regulations in force. Legal guarantee of conformity > Article L217-3 of the Consumer Code “The seller shall deliver goods that conform to the contract and to the criteria set forth in Article L. 217-5. He is responsible for the defects of conformity existing at the time of the delivery of the good within the meaning of article L. 216-1, which appear within a period of two years as from this one[…].
The seller shall also be liable, within the same time period, for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility, or when the incorrect installation, carried out by the consumer as provided for in the contract, is due to shortcomings or errors in the installation instructions provided by the seller. ” > In addition to the criteria of conformity provided for in Article L.217-5 of the Consumer Code, in accordance with Article L217-4 of the Consumer Code “The good conforms to the contract if it meets, in particular, where applicable, the following criteria: 1° It corresponds to the description, type, quantity and quality, in particular as regards functionality, compatibility, interoperability, or any other characteristic provided for in the contract; 2° It is fit for any special purpose sought by the consumer, brought to the seller’s attention no later than at the time of the conclusion of the contract, and which the latter has accepted; 3° It is delivered with all the accessories and installation instructions, to be provided in accordance with the contract; 4° It is updated in accordance with the contract. ” Deadlines > Article L.217-3 of the Consumer Code: The seller “is responsible for defects in conformity existing at the time of delivery of the goods within the meaning of Article L. 216-1, which appear within a period of two years from the date of delivery”. > Article L217-13 code de la consommation Any goods repaired under the legal guarantee of conformity benefit from an extension of this guarantee of six months. If the consumer chooses to have the goods repaired, but the seller does not do so, the replacement of the goods to bring them into conformity with the law shall give rise to a new period of legal warranty of conformity for the replaced goods. This provision applies from the day the replacement goods are delivered to the consumer.
-has a period of two years from the delivery of the property to act;
is exempted from proving the existence of the lack of conformity of the goods during the twenty-four months following the delivery of the goods, except for second-hand goods.
– may choose between bringing the property into conformity, rescinding the sale or reducing the sale price, subject to the cost conditions provided for by
article L. 217-12
of the consumer code. Any refusal by the seller to proceed according to the consumer’s choice or to bring the goods into conformity shall be motivated in writing or on a durable medium.
The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
The Customer can also decide to implement the guarantee against the hidden defects of the thing sold within the meaning of
of the civil code.
Legal guarantee of hidden defects
>Article 1641 of the Civil Code The seller is bound by the warranty for latent defects in the thing sold which render it unfit for the purpose for which it was intended, or which so diminish that use that the buyer would not have acquired it, or would have given only a lower price, if he had known of them. >Article 1648 paragraph 1 of the Civil Code: ” The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect”.
ARTICLE 10: RETENTION OF TITLE – TRANSFER OF RISK
The Company expressly reserves ownership of the goods delivered and designated in the order, until full payment of their price in principal and interest. The customer undertakes, in the event of payment after delivery, to insure the supplies delivered against the risks of loss and deterioration due to unforeseen circumstances by an ad hoc insurance policy in favor of the company, as soon as the goods are delivered and until the price has been paid in full. Apart from this hypothesis, the risks are transferred to the consumer as from the moment when the latter or a third party designated by him, other than the carrier proposed by the professional, takes physical possession of the ordered goods.
TERMINATION OF THE CONTRACT
1. Resolution for failure of one of the parties to fulfill its obligations: resolutory clause
Either Party may terminate the contract by operation of law in the event of a serious breach by the other Party to one of its obligations under the Contract and if it is not remedied within a period of fifteen days after sending a registered letter with acknowledgement of receipt to the party at fault or in default.
The implementation of the above clause is not exclusive of any damages that each of them may seek before the competent courts.
2. Resolution of the contract for unforeseen circumstances
In the event of a change in circumstances unforeseeable at the time of the conclusion of the contract, making it difficult to perform as it stands or excessively onerous, the party who has not assumed the risk may request, in accordance with the provisions of Article 1195 of the Civil Code, a renegotiation of the contract. The parties shall be obliged to find a solution in accordance with the interests of each of them, within one month of the initial request.
ARTICLE 12: FORCE MAJEURE
The Company shall not be liable if the non-performance of the contract or the delay in the performance of any of its contractual obligations is due to force majeure. In this respect, force majeure is defined as any unforeseeable, irresistible and external event within the meaning of Article 1218 of the Civil Code.
ARTICLE 13: COMPLIANCE WITH THE PRE-CONTRACTUAL INFORMATION OBLIGATION
Where the contract is concluded at a distance, the trader shall provide the consumer, in a legible and comprehensible manner, with the information provided for in Article L. 221-5 or shall make it available to him by any means appropriate to the means of distance communication used.
The article L221-5 of the Consumer Code requires the following information to be communicated:- the essential characteristics of the good or service,- the price of the good or service, – the date or period within which the good or service is to be provided, – the date of the sale of the good or service, and – the date of the sale. the Company undertakes to deliver the goods or perform the service;
– Information concerning his identity, postal, telephone and electronic contact details, if applicable;- Information concerning legal guarantees;- The possibility of having recourse to a consumer mediator – the conditions, time limit and procedures for exercising the right of withdrawal as well as the standard withdrawal form,- where the right of withdrawal cannot be exercised pursuant to Article L. 221-28, information to the effect that the consumer does not benefit from this right or, where applicable, the circumstances in which the consumer loses his or her right of withdrawal; – information relating to the procedures for terminating the contract, to the methods of settling disputes and to the other contractual conditions, the list and content of which shall be laid down by decree in the Conseil d’Etat.
When the remote communication technique used imposes space or time limitations on the presentation of information, the professional provides the consumer, before the conclusion of the contract and under the conditions provided for in Article L. 221-5,
information on the essential characteristics of the goods or services, their price, his identity, the duration of the contract and the right of withdrawal.
The trader shall provide the consumer with the other information provided for in the same article by any other means appropriate to the means of distance communication used.
The customer acknowledges having been informed, prior to placing the order and concluding the contract, in a legible and comprehensible manner, of the present general conditions and of all the information listed in article L. 221-5 of the Consumer Code.
ARTICLE 14 : RIGHT OF WITHDRAWAL / RETURN OF ITEMS
The customer has in accordance with the provisions of Articles L 221-18 and following of the Consumer Code, a period of fourteen days from receipt of the goods to exercise his right of withdrawal without having to justify his decision or to bear other costs than those potentially provided for the return of goods already delivered and for the payment of services whose execution would have begun following his express request. The customer can also withdraw between the time of the conclusion of the online order and the delivery.
Starting point of the withdrawal period
The withdrawal period runs from the day: 1° Of the conclusion of the contract, for contracts for the provision of services 2° Of receipt of the goods by the consumer or a third party, other than the carrier, designated by him, for contracts for the sale of goods. In the case of an order for multiple goods delivered separately, or in the case of an order for a good composed of multiple lots or parts whose delivery is staggered over a period of time, the time period shall begin upon receipt of the last good or lot or part. For contracts providing for the regular delivery of goods during a defined period, the time limit runs from the receipt of the first good.
Calculation of the delay
: For the perfect information of the customer, it is specified to him that: 1° The day when the contract is concluded or the day of the reception of the good is not counted in the 14 days deadline of the right of retractation; 2° The deadline begins at the beginning of the first hour of the first day and ends at the expiration of the last hour of the last day of the deadline; 3° If this deadline expires one Saturday, one Sunday or a holiday or non-business day, it is prolonged until the first following business day
Exercising the right of withdrawal To exercise his right of withdrawal, the customer must send to the SAMI Company, 96 rue du fief heulin 44430 Le LOROUX BOTTEREAU before the expiry of the 14 days deadline, the attached withdrawal form or any other statement, without ambiguity, expressing his will to withdraw. It is up to the customer to demonstrate the sending of the exercise of the right of withdrawal within the time limit.
Return of Goods
If the goods have been delivered, they must be returned with their complete original instructions,
not have been used and be in perfect condition,
within 14 days following the notification to the seller of the customer’s decision to withdraw. Otherwise, the return may be refused.
The costs of return in the context of the exercise of the right of withdrawal of goods will be borne exclusively by the customer.
Where the right of withdrawal is exercised, the trader shall reimburse the consumer for all sums paid, including delivery costs, without undue delay and at the latest within fourteen days from the date on which he is informed of the consumer’s decision to withdraw.
SAMI may nevertheless defer reimbursement until the goods have been recovered or until the consumer has provided proof of shipment of these goods, the date retained being the first of these facts.
The trader shall make the refund using the same means of payment as the one used by the consumer for the initial transaction, unless the consumer expressly agrees to use another means of payment and provided that the refund does not incur any costs for the consumer.
The trader is not obliged to reimburse additional costs if the consumer has expressly chosen a more expensive method of delivery than the standard method offered by the trader.
In accordance with Article L. 242-4 of the Consumer Code, when the professional has not reimbursed the sums paid by the consumer, the sums due are automatically increased by : -the legal interest rate if the reimbursement occurs at the latest 10 days after the expiry of the 14-day period stated above, -of 5% if the delay is between 10 and 20 days, -of 10% if the delay is between 20 and 30 days, -of 20% if the delay is between 30 and 60 days, -of 50% between 60 and 90 days, -and of five additional points per new month of delay up to the price of the product, then the legal interest rate.
For further information on the scope, content and instructions on how to exercise your right of withdrawal or return of goods, please contact our Customer Service ([email protected]).
ARTICLE 15: DELIVERY ERROR
In case of error of delivery, the customer will have to formulate with the salesman the complaint of error of delivery and/or nonconformity of the products in kind or in quality compared to the indications appearing on the order.
The claim can be made :
– at the following number: 06 73 89 26 03
– by e-mail to the address: [email protected] Upon receipt of the claim, the seller will assign an exchange number for the product(s) concerned and will communicate it by e-mail to the buyer. The exchange of a product can only take place after the exchange number has been assigned.
In case of delivery error or exchange, any product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging, in Colissimo Recommandé, to the following address: 96 rue du fief heulin 44430 Le LOROUX BOTTEREAU.
The return costs, in this case, are the responsibility of the seller.
ARTICLE 16: INAPPLICABILITY OF A CLAUSE
In the event that any provision of these terms and conditions should conflict with any applicable legal or regulatory provision and/or be declared void or unenforceable by a court of competent jurisdiction by virtue of a final judicial decision, it shall be deemed unwritten and all other provisions of the terms and conditions shall remain in full force and effect.
ARTICLE 17: HANDLING OF DISPUTES
The present general conditions are written in French. In the event that they are translated into one or more other languages, only the text as written in French shall be deemed authentic.
2. Applicable law
In the absence of a specifically applicable text, the law applicable to the conclusion, interpretation, execution or any other element relating to the sale concluded by the clients with the SAMI company is French law.
3. Competent Jurisdiction
All disputes in application of the present general conditions or the execution of the contract concerning both their validity, their interpretation, their execution, their termination which could not be resolved amicably between the seller and the customer, will be submitted to the competent courts under the conditions of common law.
4. Consumer mediation
In the event of a dispute or claim, it is recommended that the customer first contact the company’s Customer Service Department to find an amicable solution.
In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, the Consumer Mediator may be contacted for any consumer dispute which has not been settled.
The SAMI company informs its customers that they can seize the mediator Sas Médiation Solution (https://sasmediationsolution-conso.fr) at the e-mail address [email protected] or by postal way at 222 chemin de la bergerie 01800 Saint Jean de Niost.
.5 European Online Dispute Resolution Platform
SAMI informs you of the possibility of having recourse to the European platform for online dispute resolution (“RLL platform”) accessible at the following address: ec.europa.eu/consumers/odr, or directly via an electronic link easily accessible on its Internet site.
This platform allows to find an amicable solution to the dispute: conciliation, mediation, arbitration, etc.
ARTICLE 18: TELEPHONE CANVASSING
Pursuant to Article L. 223-1 of the French Consumer Code, the Company informs the client of the existence of the “Bloctel” list of opposition to telephone canvassing, on which it is possible to register(https://conso.bloctel.fr/).
ARTICLE 19: PROFESSIONAL LIABILITY INSURANCE
The Company is insured for its professional risks with AXA.
ARTICLE 20: INTELLECTUAL PROPERTY
It is reminded that all logos, drawings, slogans, graphics, photographs, animations, texts and more generally the contents of the site www.samicup.com are the exclusive property of the company SAMI and its partner brands.
As such, they may not be used, reproduced, or represented, either partially or totally, under penalty of legal proceedings under the conditions provided for by the applicable provisions of the Intellectual Property Code.
The same applies to the SAMI trademark, which is the exclusive property of the company NOM.
ARTICLE PROTECTION OF PERSONAL DATA – RGPD
1 – Collection of personal data
The personal data that is collected on this site (or “Platform”) is as follows:
When the user connects to the Platform, the Platform records, in particular, the user’s name, first name, connection data, usage data, location data and payment data.
The use of the services provided on the Platform allows to fill in a profile, which may include an address and a telephone number.
When paying for products offered on the Platform, the Platform records financial data relating to the user’s bank account or credit card.
Cookies are used, within the framework of the use of the site, to carry out statistics of audience in order to propose contents and services adapted to the interests of its visitors, but also to facilitate navigation on the site, the subscriber not having to enter again certain information.
Acceptance of these terms and conditions, as well as browsing the www.samicup.com website, including scrolling, implies acceptance of cookies.
The user can oppose the recording of cookies by configuring his browser, nevertheless the absence of cookies can alter the proper functioning of the site.
.2 – Use of personal data
The personal data collected from users is intended to provide and improve the services of the Platform and to maintain a secure environment. Specifically, the uses are as follows:
-access and use of the Platform by the user;
-Management of the operation and optimization of the platform;
-organization of the conditions of use of the Payment Services ;
-Verification, identification and authentication of data transmitted by the user;
-offering the user the possibility to communicate with other users of the Platform;
-Implementation of a user assistance ;
-Personalization of services by displaying ads based on the user’s browsing history, according to their preferences;
-Fraud prevention and detection, malicious software and security incident management;
-Management of possible disputes with users;
-Sending commercial and advertising information, according to the user’s preferences.
3. Sharing of personal data with third parties
Personal data may be shared with third party companies in the following cases:
-When the user uses the payment services, for the implementation of these services, the Platform is in relation with third party banking and financial companies with which it has entered into contracts;
-when the user publishes, in the free comment areas of the Platform, information accessible to the public;
-when the user authorizes a third party’s website to access his/her data;
-when the Platform uses the services of service providers to provide user support, advertising and payment services. These service providers have limited access to the user’s data in the context of the execution of these services and are contractually obliged to use them in accordance with the provisions of the applicable regulations on the protection of personal data;
-If required by law, the Platform may transmit data to respond to claims against the Platform and to comply with administrative and judicial proceedings;
-If the Platform is involved in a merger, acquisition, sale of assets or receivership, it may be required to sell or share all or part of its assets, including personal data. In this case, users would be informed before personal data is transferred to a third party.
.4 – Security and confidentiality
The Platform implements organizational, technical, software and physical digital security measures to protect personal data from alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Platform cannot guarantee the security of the transmission or storage of information on the Internet.
.5 – Implementation of user rights
In accordance with the regulations applicable to personal data, users have the following rights:
They may exercise their right of access to their personal data by writing to the following e-mail address: [email protected] In this case, before implementing this right, the Platform may request proof of the user’s identity in order to verify its accuracy;
-if the personal data held by the Platform are inaccurate, they can request the update of the information, by writing to the following email address: [email protected]
-users may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the following e-mail address [email protected]
.6 – Evolution of this clause
WITHDRAWAL FORM : CANCELLATION OF THE ORDER
(Please complete and return this form only if you wish to withdraw from the contract)
To the attention of the company SAMI located at 96 rue du fief heulin, 44430 Le LOROUX BOTTEREAU
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the following goods (*)/services (*):
Ordered on (*) / Received on (*) :
Name of consumer(s):
Signature of consumer(s) (only if notifying this form on paper) :
(*) Delete as appropriate