DEL MAR Clinic (SARL)
90 avenue Francis Meillands, Villa Sylvana 06160 Cap d'Antibes
AM NUMBER: 06 175 0665 91 0007 61
Tèl : 04 93 33 03 30
Hosting : OVH
Person in charge: Henry Delmar
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The website www.clinique-delmar.com is protected by intellectual and industrial property rights. The DEL MAR clinic is the editor of the site, in accordance with the LCEN law. 2004-575 of 21 June 2004.
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The Works are protected by copyright and other intellectual property rights.
The offender is liable to civil and criminal penalties and in particular to the penalties provided for in Articles L. 335.2 and L. 343.1 of the Intellectual Property Code.
In accordance with the recommendation of the Conseil de l'Ordre des Médecins, please find below the "Charter applicable to doctors' professional websites" which is recognised by this site.
"The Conseil national de l'Ordre des médecins invites Internet users to be critical of all online publications. The trust that our fellow citizens place in information from the medical profession must therefore be supported with particular attention. This is why the CNOM has asked all doctors who publish their own professional website to display the points that follow:
The information collected from persons by means of the contact forms or by sending electronic messages is intended exclusively for the use of this website and more particularly for making online appointments. It will not be communicated to third parties under any circumstances.
In accordance with Articles 39 and following of Law No. 78-17 of 6 January 1978 on information technology, files and freedoms, any person may obtain communication and, where appropriate, rectification or deletion of information concerning him or her, by contacting the publication director. Any person may also, for legitimate reasons, object to the processing of data concerning him or her.
These data have been declared to the CNIL.
If the user does not accept these conditions, he/she must stop using the Website and renounce to benefit from the Service offered by the firm.
The service offered is to be able to view the available appointments and to be able to book an appointment online at the DEL MAR clinic. This service is only offered for the professional activity of aesthetic medicine as declared to the Medical Council.
This online appointment booking service is offered free of charge to users.
Each appointment made will be the subject of a confirmation e-mail specifying the date, place and time of the appointment. Appointments made are completely hidden from other users.
This site is not intended to provide medical information.
This service does not require the creation of a user account. In order to use the service, the User will have to specify his contact details (surname, first name, email, telephone number) when making an appointment. This information will not be stored.
As a consequence of not creating an account, the user will not be able to modify or cancel his appointment online. It will then be necessary to contact by email or to call the office by phone (at 04 93 33 03 30 or on [email protected]).
The DEL MAR clinic reserves the right to block access to the online appointment service for any person who does not use the service in accordance with the following rules of good conduct:
This site meets the requirements of the Council of the Order of doctors. Link to the directory of doctors of the Conseil de l'Ordre: https://www.conseil-national.medecin.fr/annuaire
SARL Clinique DEL MAR
CLINIQUE SCIENCE ET BEAUTE
90 BD FRANCIS MEILLAND 06160 ANTIBES
SAS with a capital of €10,069,020
RCS Lille Métropole 424 761 419 00045
Code APE 2620Z
VAT NUMBER: FR 22 424 761 419
Head office: 2 rue Kellermann - 59100 Roubaix - France 2-GTC
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These general terms and conditions of sale apply to all sales concluded on the website
Villa Sylvana - 90, boulevard Francis Meilland 06160 Antibes.
The company's contact details are as follows:
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products are presented in the Seller's catalogues. The photographs and graphics presented are not contractual and the Seller shall not be held liable. The Customer must refer to the description of each Product in order to know its properties and essential characteristics.
Product offers are subject to availability.
The customer declares that he/she has read and accepted the general terms and conditions of sale prior to placing the order of his order. The validation of the order therefore implies acceptance of the general terms and conditions of sale.
The present general conditions express the entirety of the obligations of the parties. In this sense, the customer is deemed to accept them without reservation.
To the exclusion of all other conditions, the present general terms and conditions of sale shall apply, in particular those applicable to sales in shops or by means of marketing or other distribution channels.
They are available on the Villa Sylvana website - 90, boulevard Francis Meilland 06160 Antibes and will prevail, if necessary, over any other version or any other contradictory document.
The buyer and the seller agree that these general conditions govern their relationship exclusively. The seller reserves the right to modify its general conditions from time to time, which will be applicable as soon as they are put online.
If a condition of sale is missing, it shall be deemed to be governed by the practices in force in the distance selling sector whose companies are based in France.
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, from the Villa Sylvana - 90, boulevard Francis Meilland 06160 Antibes website.
The use of the site to place an order presumes the acceptance of all the terms of these general conditions. The Customer declares that he is of age and has the capacity to contract under the law of his country or declares that he represents, by virtue of a valid mandate, the person for whom he is ordering.
Acceptance of the GTC
The Customer declares that he/she has read and accepted the general terms and conditions before any purchase, which implies unreserved acceptance of these general terms and conditions of sale. By this acceptance, the customer acknowledges that he/she has received sufficient information and advice from.
The company is responsible for ensuring that the content of the order meets its needs.
These general terms and conditions constitute the entirety of the rights and obligations of the parties in the context of their contractual relationship.
In the absence of proof to the contrary, the data recorded by the Site constitutes proof of all facts, acceptance and transactions.
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, from the Villa Sylvana - 90, boulevard Francis Meilland 06160 Antibes website.
The buyer can place an order online, from the online catalogue and using the form provided therein, for any product, subject to availability.
The buyer will be informed of any unavailability of the product or good ordered.
In order for the order to be validated, the buyer must accept, by clicking in the indicated place, the present general conditions. He/she must also choose the address and the delivery method, and finally validate the payment method.
The sale will be considered final:
- after the seller has sent the buyer confirmation of acceptance of the order by e-mail;
- and after receipt of the full price by the seller.
Any order implies acceptance of the prices and the description of the products available for sale. Any dispute on this point will be dealt with in the context of a possible exchange and the guarantees mentioned below.
In certain cases, such as non-payment, incorrect address or other problems with the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.
For any question relating to the follow-up of an order, the buyer can send an e-mail to the seller at the following address: [email protected]
Call the following telephone number: 0493330330 on the following days and at the following times: Monday to Friday from 9am to 6pm.
The digital registers, kept in the company's computer systems under reasonable security conditions, will be considered as proof of the communications, orders and payments made between the parties. Order forms and invoices are archived on a reliable and durable medium that can be produced as proof.
The transfer of ownership of the Seller's Products to the Customer shall only take place after full payment of the price by the latter, regardless of the date of delivery of the Products.
The transfer of risks is carried out from the seller to the customer at the moment the customer takes physical possession of the goods, but if the customer selects the carrier himself, the transfer of risks is carried out at the moment the seller hands over the goods ordered to the carrier selected by the customer.
The Customer therefore acknowledges that it is the carrier's responsibility to make the delivery and has no recourse against the Seller in the event of failure to deliver the goods transported.
The Customer acknowledges having been informed by the Seller in a legible and comprehensible manner, by means of the provision of these General Terms and Conditions of Sale, prior to his immediate purchase or the placing of the order and in accordance with the provisions of Article L 221-5 of the Consumer Code:
- on the essential characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity enabling him to acquire the Products with full knowledge of the facts, in particular as regards their conditions of use.
The photographs and graphics presented are not contractual and shall not engage the responsibility of the Seller. The Customer must refer to the description of each Product in order to know its properties and essential characteristics
- on the price of the Products and the application of a personalised price on the basis of automated decision-making and related costs or, in the absence of payment of a price, on any benefit provided instead of or in addition to it and on the nature of that benefit;
- on the terms of payment, delivery and performance of the sales contract;
- in the absence of immediate execution of the sale, on the delivery time of the ordered Products;
- on the identity of the Seller and all its contact details;
- the existence of and procedures for implementing guarantees (legal guarantee of conformity, guarantee against hidden defects, any commercial guarantees) and, where applicable, after-sales service;
- on the possibility of having recourse to a consumer mediator, whose contact details are given in these General Terms and Conditions of Sale, under the conditions laid down in the Consumer Code
- on the right of withdrawal (existence, conditions, time limit, procedures for exercising this right and standard withdrawal form), termination procedures, handling of complaints and other important contractual terms and conditions and, where appropriate, on the costs of using the means of distance communication, the existence of codes of good conduct and financial guarantees and bonds ;
- on the means of payment accepted.
The fact that a Customer places an order on the "Villa Sylvana - 90, boulevard Francis Meilland 06160 Antibes" website implies full acceptance of these General Terms and Conditions of Sale and an obligation to pay for the Products ordered, which is expressly recognised by the Customer, who waives, in particular, the right to rely on any contradictory document which would be unenforceable against the Vendor.
The online provision of the buyer's credit card number and the final validation of the order shall be deemed proof of the buyer's agreement:
- due and payable under the purchase order ;
- signature and express acceptance of all operations carried out.
In the event of fraudulent use of the bank card, the buyer is invited, as soon as this use is noticed, to contact the seller at the following e-mail address [email protected]
Or on the following telephone number: 0493330330.
The seller will provide the buyer with an order confirmation by e-mail once payment has been made.
The computerised registers, kept in the seller's computer systems under reasonable security conditions, will be considered as proof of the communications, orders and payments made between the parties. The archiving of order forms and invoices is carried out on a reliable and durable medium that can be produced as proof.
The main characteristics of the Products, including all the substantial information required by the applicable regulations and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the website "Indicate website" in the product sheets and the Seller's catalogue.
The Customer is obliged to read them before placing an order.
The choice and purchase of a Product are the sole responsibility of the Customer.
The photographs and graphics presented on the "Villa Sylvana - 90, boulevard Francis Meilland 06160 Antibes" website are not contractual and cannot engage the responsibility of the Seller.
The Customer must refer to the description of each Product in order to know its properties, particularities and delivery periods and, in the case of continuous or periodic supply of a good, the minimum duration of the proposed contract.
The contractual information is presented in French and is confirmed at the latest when the Customer validates the order. Product offers are subject to availability, as specified when the order is placed.
The seller reserves the right to change its prices at any time, but undertakes to apply the prices in force at the time of the order, subject to availability on that date.
Prices are quoted in euros.
The customer purchasing a product sold inclusive of all taxes will see a price that takes into account the VAT applicable on the day of purchase of the product. Any change in the applicable VAT rate will be reflected in the price of the products. If the company is exempt from VAT, it can legitimately invoice its products exclusive of tax (HT).
In the event that a customer located in a country of the European Union is required to pay VAT in order to receive his order, the latter must inform the seller before paying the sums claimed by the carrier or the customs administration, so that he can legitimately unblock the situation for the customer.
If the customer has nevertheless paid any costs associated with customs clearance such as VAT, customs duties or other processing fees, the customer may claim a refund of only the VAT and customs duties, provided that the customer provides admissible proof of such payment.
This is an order with a payment obligation, which means that the placing of the order implies payment by the buyer.
To pay for his order, the buyer has, at his choice, all the payment methods made available by the seller and listed on the seller's website. The buyer guarantees the seller that he/she has the necessary authorisations to use the method of payment chosen by him/her when validating the order form. The seller reserves the right to suspend any order processing and any delivery in the event of refusal to authorise payment by bank card by the officially accredited organisations or in the event of non-payment. The seller reserves the right to
In particular, the right to refuse to make a delivery or to honour an order from a purchaser who has not paid in full or in part for a previous order or with whom a payment dispute is being administered.
Payment of the price shall be made in full on the day of the order, in accordance with the following procedures:
Special offers and coupons. The company reserves the right to offer limited-time introductory offers, promotional offers or price reductions on its products and to revise its offers and prices on the site at any time, under the conditions provided for by law.
The applicable prices are those in force at the time of the purchase of the product by the customer, who may not take advantage of other prices, whether prior or subsequent to his purchase. Vouchers may be subject to special conditions and remain strictly personal to their beneficiary and can only be used once.
In the event of a payment incident and/or fraud. The company reserves the right to suspend all order processing and deliveries in the event of non-payment or refusal of authorisation for payment by credit card by officially accredited organisations. The company reserves the right to refuse to honour any order placed by a client who has not paid in full or in part for a previous order, or with whom a payment dispute is pending.
The company may contact the customer to request additional documents to execute the payment of the order. The company may rely on the information provided by the order analysis system. The provision of the requested documents is necessary for the company to confirm the order. In order to combat credit card fraud, a visual check of the means of payment may be carried out by the company before delivering the product. In the event of fraudulent use of his bank card, the customer is invited, as soon as this use is noticed, to contact the company, without prejudice to the steps to be taken by the customer with his bank.
Default or delay in payment. The interest and penalties provided for by law shall apply in the event of default or delay in payment by the consumer or professional Customer.
Except in cases of force majeure or during periods when the online shop is closed, which will be clearly announced on the home page of the site, the delivery times will be, within the limits of available stocks, those indicated below. The delivery times run from the date of registration of the order indicated on the order confirmation email.
The delivery terms will be specified to the buyer on a case-by case basis.
If the agreed delivery date or delivery period is not met, the buyer shall, before withdrawing from the contract, require the seller to perform within a reasonable additional period.
If the buyer fails to perform within this new period, he may freely withdraw from the contract.
The purchaser shall complete these successive formalities by registered letter with acknowledgement of receipt or by writing on another durable medium.
The contract shall be deemed to be terminated on receipt by the seller of the letter or writing informing him of such termination, unless the trader has performed in the meantime.
The buyer may, however, immediately withdraw from the contract, if the above-mentioned dates or deadlines are an essential condition of the contract for him.
In this case, when the contract is terminated, the seller is obliged to reimburse the buyer for all sums paid, at the latest within 14 days of the date on which the contract was terminated.
In case of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the possibility to cancel his order. The buyer will then have the choice of requesting either a refund of the sums paid within 14 days at the latest of their payment, or the exchange of the product.
Delivery means the transfer to the consumer of physical possession or control of the goods. The products ordered are delivered to the buyer by the seller's supplier in the manner and within the period specified above.
The products are delivered to the address indicated by the buyer on the order form, the buyer must therefore ensure that it is correct. Any parcel returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer's expense. The buyer can, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
If the buyer is absent on the day of delivery, the deliveryman will leave a notice of passage in the letterbox, which will allow the buyer to collect the package at the place and time indicated.
If at the time of delivery, the original packaging is damaged, torn or open, the buyer must check the condition of the items. If they have been damaged, the buyer must refuse the parcel and note a reservation on the delivery note (parcel refused because it has been opened or damaged).
The buyer must indicate on the delivery note and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged packages, broken products...).
This verification is considered to have been carried out as soon as the buyer or a person authorised by him has signed the delivery note.
The buyer must then confirm these reservations to the carrier by registered mail at the latest within two working days following receipt of the article(s) and send a copy of this letter by fax or simple mail to the seller at the address indicated in the legal notices of the site.
If products need to be returned to the seller, they must be requested from the seller within 14 days of delivery. Any claim made outside this period will not be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions, etc.).
The products must be returned to the following address
The product will be delivered within a maximum of 1 day.
The products are offered for sale and delivered within the limits of available stocks. In case of unavailability of the ordered product, the customer will be immediately informed by the company which will be able to offer him a product of an equivalent quality and price or, failing that, will proceed to the refunding of the order if the Customer is a consumer. Apart from the reimbursement of the price of the unavailable product, the company is not liable for any cancellation indemnity, unless the non-performance of the contract is personally attributable to it.
The costs of return shipment are to be borne by the company.
The purchaser shall make a complaint to the seller. Any claim of delivery error shall be subject to the statutory withdrawal period mentioned in these General Terms and Conditions of Sale or, if provided for, in accordance with the contractually determined period within the framework of a commercial guarantee present in these GTC. Any claim made after this period will be rejected.
The claim may be made, at the buyer's option:
- by telephone on 0493330330
- by e-mail to the following address: [email protected]
Any claim not made in accordance with the rules defined above and within the time limits set shall not be taken into account and shall release the seller from any liability towards the buyer.
Upon receipt of the complaint, the seller will assign an exchange number for the product(s) concerned and communicate this number to the buyer by e-mail. The exchange of a product can only take place after the exchange number has been assigned.
14-1 Legal guarantee of conformity
The Seller undertakes to deliver a good that complies with the contractual description and the criteria set out in Article L217- 5 of the Consumer Code
He is liable for defects in conformity existing at the time of delivery of the Products and which appear within a period of two years as from the latter.
This guarantee period applies without prejudice to Articles 2224 et seq. of the Civil Code, with the limitation period beginning on
The period of validity of the contract shall run from the date of the Customer's knowledge of the lack of conformity.
Defects of conformity that appear within twenty-four months or twelve months in the case of second-hand goods from the delivery of the Products shall, unless proven otherwise, be presumed to have existed at the time of delivery.
In the event of a lack of conformity, the Customer may demand that the Products delivered be repaired or replaced or, failing that, that the price be reduced or the sale be cancelled, in accordance with the legal conditions.
He may also suspend the payment of all or part of the price or the remittance of the benefit provided for in the contract until the Seller has fulfilled his obligations under the legal guarantee of conformity, under the conditions of Articles 1219 and 1220 of the Civil Code.
It is the Customer's responsibility to ask the Seller to bring the Products into conformity, choosing between repair and replacement. The goods shall be brought into conformity within a period not exceeding thirty days following the Customer's request.
The repair or replacement of the non-conforming Product includes, where applicable, the removal and return of the Product and the installation of the conforming or replaced Product.
Any Product brought into conformity within the framework of the legal guarantee of conformity benefits from an extension of this guarantee of six months.
In the event of replacement of the non-conforming Product when, despite the Customer's choice, the Seller has not brought the Product into conformity, the replacement shall give rise to a new period of legal guarantee of conformity in favour of the Customer, starting from the delivery of the replaced Product.
If the requested compliance is impossible or entails disproportionate costs under the conditions provided for in Article L 217-12 of the Consumer Code, the Seller may refuse it. If the conditions provided for in Article L 217-12 of the Consumer Code are not met, the Customer may, after formal notice, pursue the forced execution in kind of the solution initially requested, in accordance with Articles 1221 et seq. of the Civil Code.
Finally, the Customer may demand a price reduction or the cancellation of the sale (unless the lack of conformity is minor) in the cases provided for in Article L 217-14 of the Consumer Code.
Where the lack of conformity is so serious that it justifies a reduction in price or the immediate cancellation of the sale, the Customer shall not be obliged to first request the repair or replacement of the non-conforming Product.
The price reduction is proportional to the difference between the value of the delivered Product and the value of this good in the absence of the lack of conformity.
In case of cancellation of the sale, the Customer shall be reimbursed the price paid in return for the return of the non conforming Products to the Seller, at the latter's expense.
The refund is made upon receipt of the non-conforming Product or proof of its return by the Customer and at the latest within the following fourteen days, with the same means of payment as the one used by the Customer at the time of payment, unless the Customer expressly agrees otherwise and in any case without additional costs.
The foregoing provisions are without prejudice to the possible awarding of damages to the Customer for the loss suffered by the latter due to the lack of conformity.
14-2 Legal guarantee against hidden defects
In accordance with Articles 1641 et seq. of the Civil Code, the seller is liable for any hidden defects that may affect the goods sold. It is up to the buyer to prove that the defects existed at the time of the sale of the goods and are such as to render the goods unfit for the use for which they were intended. This guarantee must be implemented within two years of the discovery of the defect.
The buyer can choose between the cancellation of the sale or a reduction of the price in accordance with article 1644 of the Civil Code.
Application of the right of withdrawal
The buyer has a period of 14 days from the date of delivery of his order to return any item that does not suit him and ask for an exchange or refund without penalty, except for the return costs which remain the responsibility of the buyer.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be remarketed in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete products cannot be taken back.
The right of withdrawal can be exercised online, using the withdrawal form available on this website. In this case, an acknowledgement of receipt on a durable medium will be sent immediately to the buyer. Any other method of declaration of withdrawal is accepted. It must be unambiguous and express the will to withdraw.
If the right of withdrawal is exercised within the above mentioned period, the customer must notify his right of withdrawal by e-mail to the following address: [email protected]
The price of the product(s) purchased and the delivery costs are refunded.
The buyer is responsible for the costs of returning the goods.
The exchange (subject to availability) or refund will be made at the latest within 0 days of receipt by the seller of the products returned by the buyer in accordance with the above conditions.
According to Article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:
- the supply of goods whose price depends on fluctuations in the financial market beyond the trader's control and which may occur during the withdrawal period;
- the supply of goods made to the consumer's specifications or clearly personalised;
- supply of goods that are likely to deteriorate or expire rapidly;
- supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
- the supply of goods which, after delivery and by their nature, are inseparably mixed with other articles;
- the supply of alcoholic beverages where delivery is delayed beyond thirty days and where the value agreed at the conclusion of the contract depends on fluctuations in the market beyond the trader's control;
- maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by the consumer, within the limit of the spare parts and work strictly necessary to respond to the emergency;
- the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
- the supply of a newspaper, periodical or magazine, except for subscription contracts for such publications;
- the supply of digital content not provided on a tangible medium, the performance of which has begun after the consumer has given his express prior consent and expressly waived his right of withdrawal.
The company is not obliged to reimburse additional costs if the consumer has expressly chosen a more expensive delivery method than the standard delivery method offered by the trader.
Any circumstances beyond the control of the parties that prevent the performance of their obligations under normal conditions shall be considered as grounds for the release of the parties from their obligations and shall result in their suspension.
The party invoking the circumstances referred to above shall immediately notify the other party of their occurrence and of their disappearance.
All facts or circumstances that are irresistible, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, shall be considered as force majeure. Expressly, the following are considered to be cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the French courts and tribunals: blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning, stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the customers.
The parties will meet to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the event of force majeure
If the duration of the contract is longer than three months, these general conditions may be terminated by the injured party.
If the case of force majeure, which prevents one of the parties from fulfilling its contractual obligations, lasts for more than 90 days, the party who considers itself to be injured may unilaterally terminate the contract with the other party.
In addition to cases of force majeure, which may affect the performance of contracts by one or other of the parties to the sales contract, there is also the hypothesis of unforeseeability, which takes into account the increase in the price of any raw material or any goods or services necessary for the production, manufacture, provision or shipment of a good sold by the seller, making it impossible under reasonable conditions for the seller to continue to offer this good for sale or to perform its contractual obligations. In such a case, the seller shall not be considered to be at the origin of a failure to perform its contractual obligations, and the customer shall not be able to unilaterally terminate the contract without having first tried in good faith to find an amicable solution or to renegotiate the contract concluded with the seller. In any event, in the event of unforeseen circumstances, the seller may not be held liable for any inconvenience, disadvantage or loss of opportunity suffered by the client.
The content of the website remains the property of the seller, who is the sole owner of the intellectual property rights on this content.
Buyers undertake not to make any use of this content; any total or partial reproduction of this content is strictly forbidden and is likely to constitute an infringement of copyright.
The nominative data provided by the buyer are necessary for the processing of the order and the establishment of the invoices.
They may be communicated to the seller's partners responsible for the execution, processing, management and payment of orders.
The purchaser has a permanent right of access, modification, rectification and opposition with regard to the information concerning him/her. This right may be exercised under the conditions and according to the procedures defined on the Villa Sylvana site - 90, boulevard Francis Meilland 06160 Antibes
If one or more stipulations of these general conditions are held to be invalid or declared as such in application of a law, a regulation or following a definitive decision of a competent court, the other stipulations shall retain all their force and scope.
The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these general terms and conditions shall not be interpreted for the future as a waiver of the obligation in question.
In case of difficulty of interpretation between any of the headings in the clauses and any of the clauses, the headings shall be declared non-existent.
The present general terms and conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
The buyer may have recourse to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute. The names, contact details and e-mail addresses of the mediator are available on our website.
In the event of difficulties in the performance of the Contract, the consumer Customer residing in Europe has the possibility, before any legal action is taken, of requesting the assistance of a consumer mediator.
In accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and traders in the European Union.
This platform can be accessed at the following link: https:// webgate.ec.europa.eu/odr/.
The present general conditions are subject to the application of French law. The competent courts are the French courts.
This applies to both substantive and formal rules. In the event of a dispute or claim, the buyer shall first contact the seller to obtain an amicable solution.
The personal data that are collected on this site are the following:
- account opening: when the user's account is created, his or her first names, surnames and location
- connection: when the user connects to the website, it records, in particular, his first names, surnames, connection data, usage data and location data
- profile: the use of the services provided on the website makes it possible to fill in a profile, which may include - payment: in the context of payment for the products and services offered on the website, the website records financial data relating to the user's bank account or credit card;
- communication: when the website is used to communicate with other members, data concerning the user's communications is temporarily stored;
- cookies: cookies are used in the context of the use of the site. The user has the possibility to deactivate the cookies from the settings of his browser.
Use of personal data
The personal data collected from users is used to provide and improve the website services and to maintain a secure environment.
More specifically, the uses are as follows:
- access and use of the website by the user ;
- management of the operation and optimisation of the website;
- organisation of the conditions of use of the Payment Services ;
- verification, identification and authentication of data transmitted by the user ;
- offer the user the possibility to communicate with other users of the website;
- implementation of user support ;
- personalising services by displaying advertisements 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.
Sharing 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 website is in relation with third party banking and financial companies with which it has contracts;
- when the user publishes publicly available information in the free comment areas of the website;
- when the user allows a third party's website to access his/her data;
- when the website 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 for the purpose of providing these services and are contractually obliged to use it in accordance with the provisions of the applicable regulations on the protection of personal data;
- if required by law, the website may transmit data to pursue claims against the website and to comply with administrative and judicial proceedings;
- if the website 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 will be informed before personal data is transferred to a third party.