Terms and conditions of use of the
website
Terms and conditions of use for the carmenjean.com website
applicable from 01/01/2026
ARTICLE 1. PARTIES
These terms and conditions are applicable between Carmen Jean, sole trader, share capital: €100, registered with the Trade and Companies Register of Saint Méard de Gurçon in France on 1 December 2018, under Siret number # 832 933 304 00011, registered office: Saint Méard de Gurçon, 24610 France, telephone: +33676225097, email: bonjour@carmenjean.com, VAT not applicable, Article 293B of the CGI, hereinafter referred to as ‘the Publisher’ and any person, natural or legal, under private or public law, registered on the Site to purchase a Product, hereinafter referred to as ‘the Customer’.
ARTICLE 2. DEFINITIONS
‘Customer’: any natural or legal person, under private or public law, registered on the Website.
‘Website Content’: elements of any kind published on the Website, whether or not protected by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.
‘Publisher’: Carmen Jean, a self-employed entrepreneur acting in her capacity as publisher of the Website.
‘Internet User’: any natural or legal person, governed by private or public law, connecting to the Website.
‘Product’: goods of any kind sold on the Website by the Publisher to Customers.
‘Website’: the website accessible at the URL carmenjean.com, as well as any sub-sites, mirror sites, portals and variations of the URL relating thereto.
ARTICLE 3. SCOPE OF APPLICATION
The Website is freely accessible to all Internet Users. By browsing the Website, all Internet Users agree to be bound by these terms and conditions. Simply connecting to the Site, by any means whatsoever, in particular via a robot or browser, implies full and complete acceptance of these general terms and conditions. When registering on the Site, this acceptance will be confirmed by ticking the corresponding box.
The Internet user thereby acknowledges that they have read and understood them in full and accept them without restriction.
Ticking the above-mentioned box shall be deemed to have the same value as a handwritten signature by the Internet user. The Internet user acknowledges the evidential value of the Publisher’s automatic recording systems and, unless he can provide evidence to the contrary, he waives the right to contest them in the event of a dispute.
These general terms and conditions apply to the relationship between the parties to the exclusion of all other terms and conditions, including those of the Internet user.
Acceptance of these general terms and conditions implies that Internet users have the necessary legal capacity to do so, or, failing that, that they have the authorisation of a guardian or curator if they are incapacitated, of their legal representative if they are minors, or that they hold a mandate if they are acting on behalf of a legal entity.
ARTICLE 4. PURPOSE OF THE WEBSITE
The purpose of the Website is to sell Products to Customers.
ARTICLE 5. CUSTOMER SERVICE
The Website’s customer service department is available Monday to Friday from 10:00 a.m. to 12:00 p.m. and 2:00 p.m. to 5:00 p.m. by email at: bonjour@carmenjean.com or by post at the address indicated in Article 1 of these general terms and conditions. In the latter two cases, the Publisher undertakes to respond within 6 working days.
ARTICLE 6. PERSONAL ACCOUNT
6.1. CREATION OF A PERSONAL ACCOUNT
The creation of a personal account is a prerequisite for any order placed by an Internet user on the Website. To this end, the Internet User will be asked to provide certain personal information. Some of this information is considered essential for the creation of the personal space. Refusal by an Internet User to provide this information will prevent the creation of the personal space and, incidentally, the validation of the order.
When creating the personal account, the Internet user is asked to choose a password. This password guarantees the confidentiality of the information contained in the personal account. The Internet user therefore undertakes not to pass it on or communicate it to a third party. Otherwise, the Publisher cannot be held responsible for unauthorised access to an Internet user’s personal account.
The Customer undertakes to regularly check their personal data and to make any necessary updates and changes online, from their personal space.
6.2. CONTENT OF THE PERSONAL SPACE
The personal space allows the Customer to view and track all their orders placed on the Website.
The pages relating to personal accounts may be freely printed by the account holder in question, but do not constitute evidence admissible in court. They are for information purposes only, intended to ensure the effective management of orders by the Customer.
The Publisher undertakes to securely store all contractual elements whose storage is required by law or regulations in force.
6.3. DELETION OF THE PERSONAL AREA
The Publisher reserves the right to delete the account of any Customer who contravenes these general terms and conditions, in particular when the Customer provides inaccurate, incomplete, misleading or fraudulent information, as well as when a Customer’s personal area has been inactive for at least one year. Such deletion shall not constitute a fault on the part of the Publisher or damage to the excluded Customer, who shall not be entitled to any compensation as a result.
This exclusion is without prejudice to the Publisher’s right to take legal action against the Customer, where the facts so justify.
ARTICLE 7. PERSONAL DATA
As part of its service provision, the Publisher will be required to process its Customers’ personal data.
7.1. IDENTITY OF THE DATA CONTROLLER
The Publisher is responsible for collecting and processing data on the Website.
7.2. IDENTITY OF THE DATA PROTECTION OFFICER
The Data Protection Officer is: Etienne Deshoulières, 121 boulevard de Sébastopol 75002 Paris, contact@deshoulieres-avocats.com, 01 77 62 82 03, www.deshoulieres-avocats.com”, always taking care to create a hyperlink to our website URL.
7.3. DATA COLLECTED
7.3.1. Data collected from customers
Within the framework of its contractual relationships, the Publisher may collect and process information from its Customers, namely: Email, Name, Telephone number, Address, State, Province, Postcode, City.
7.3.2. Purposes of personal data collection
The data collected during the contractual relationship is subject to automated processing for the following purposes:
to fulfil contractual commitments;
to contact Customers;
to prevent any illicit or illegal activity;
to enforce the general terms and conditions;
to initiate legal proceedings;
to verify the identity of Customers;
7.3.3. Legal basis for processing
The legal basis for the data collected is a contractual relationship.
7.3.4. Recipients of the data
The data collected can only be accessed by the Publisher within the limits strictly necessary for the fulfilment of contractual commitments.
This data, whether in individual or aggregate form, is never made freely available for viewing by a third party.
7.3.5. Retention period for personal data
The personal data collected is retained for the duration of the contractual relationship and for the period during which the Publisher may be held liable.
Once the retention period has expired, the Publisher undertakes to permanently delete the data of the persons concerned without retaining a copy.
7.3.6. Security and confidentiality of personal data
Personal data is stored under secure conditions, using the latest technology, in accordance with the provisions of the General Data Protection Regulation and applicable national legislation.
Access to the Publisher’s premises is also secure.
7.3.7. Data minimisation
The Publisher may also collect and process any data voluntarily provided by its Customers.
The Publisher instructs its Customers to provide only personal data that is strictly necessary for the performance of contractual obligations.
The Publisher undertakes to store and process only data that is strictly necessary for its professional activities, and will delete any data received that is not useful for its activities as soon as possible.
7.4. RESPECT FOR RIGHTS
The Publisher’s Customers have the following rights regarding their personal data, which they may exercise by writing to the Publisher’s postal address or by completing the online contact form.
7.4.1. Right to information, access and communication of data
The Publisher’s Customers have the right to access their personal data.
Due to the Publisher’s obligation to ensure the security and confidentiality of personal data processing, requests will only be processed if Customers provide proof of their identity, in particular by providing a scan of their valid identity document (in the case of a request made using the dedicated electronic form) or a signed photocopy of their valid identity document (in the case of a request made in writing), both accompanied by the statement “I certify on my honour that this copy of my identity document is a true copy of the original. Done at … on …”, followed by their signature.
7.4.2. Right to rectification, erasure and the right to be forgotten
The Publisher’s Customers may request the rectification, updating, blocking or erasure of their personal data which may, where applicable, be inaccurate, erroneous, incomplete or obsolete.
The Publisher’s Customers may also define general and specific guidelines regarding the fate of personal data after their death. Where applicable, the heirs of a deceased person may request that the death of their relative be taken into account and/or that the necessary updates be made.
7.4.3. Right to object to data processing
The Publisher’s Customers have the right to object to the processing of their personal data.
7.4.4. Right to data portability
The Publisher’s Customers have the right to receive the personal data they have provided to the Publisher in a transferable, open and readable format.
7.4.5. Right to restriction of processing
The Publisher’s Customers have the right to request that the processing of their personal data by the Publisher be restricted. This means that their data may only be stored and no longer used by the Publisher.
7.4.6. Response times
The Publisher undertakes to respond to any request for access, rectification or opposition or any other additional request for information within a reasonable period of time, which shall not exceed one month from receipt of the request.
7.4.7. Complaints to the competent authority
If the Publisher’s Customers consider that the Publisher is not complying with its obligations regarding their personal data, they may lodge a complaint or request with the competent authority. In France, the competent authority is the CNIL, to which they may submit a request here.
7.5. TRANSFER OF COLLECTED DATA
7.5.1. Transfer to partners
The Publisher uses authorised service providers to facilitate the collection and processing of its Customers’ data. These service providers may be located outside the European Union.
The Publisher has ensured in advance that its service providers implement adequate safeguards and comply with strict conditions regarding confidentiality, use and data protection, for example via the US Privacy Shield.
7.5.2. Transfer upon request or court order
Customers also consent to the Publisher communicating the data collected to any person, upon request from a state authority or court order.
7.5.3. Transfer in the context of a merger or acquisition
If the Publisher is involved in a merger, sale of assets, financing operation, liquidation or bankruptcy, or in an acquisition of all or part of its business by another company, Customers consent to the Publisher transferring the data collected to that company and to that company processing the personal data referred to in these General Terms and Conditions of Service in place of the Publisher.
ARTICLE 8. INTELLECTUAL PROPERTY
8.1. LEGAL PROTECTION OF THE CONTENT OF THE WEBSITE
The Content of the Website may be protected by copyright and database rights. Any representation, reproduction, translation, adaptation or transformation, in whole or in part, carried out illegally and without the consent of the Publisher or its beneficiaries or successors constitutes a violation of Books I and III of the Intellectual Property Code and may give rise to legal proceedings for infringement.
8.2. CONTRACTUAL PROTECTION OF THE CONTENT OF THE WEBSITE
The Internet user contractually undertakes to the Publisher not to use, reproduce or represent, in any way whatsoever, the Content of the Website, whether or not it is protected by intellectual property rights, for any purpose other than reading it by a robot or browser. This prohibition does not apply to indexing robots whose sole purpose is to scan the content of the Website for indexing purposes.
8.3. PROTECTION OF THE GENERAL TERMS AND CONDITIONS
The general terms and conditions of the Site, drafted by the law firm Deshoulières Avocats Associés (www.deshoulieres-avocats.com), are protected by commercial law. Any reproduction, in whole or in part, made without the consent of Deshoulières Avocats Associés may give rise to legal proceedings for parasitism.
ARTICLE 9. FINAL PROVISIONS
9.1. APPLICABLE LAW
These general terms and conditions are subject to French law.
9.2. AMENDMENTS TO THESE GENERAL TERMS AND CONDITIONS
These general terms and conditions may be amended at any time by the Publisher. The general terms and conditions applicable to the Customer are those in force on the date of their order or connection to this Website, with any new connection to the personal space implying acceptance of the new general terms and conditions, where applicable.
9.3. DISPUTES
Pursuant to Order No. 2015-1033 of 20 August 2015, any disputes that may arise in connection with the performance of these terms and conditions and for which no amicable solution can be found between the parties shall be submitted to Medicys: www.medicys.fr.
In addition, the Customer is informed of the existence of the online dispute resolution platform, accessible at the following URL: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
Any dispute relating to or in connection with this contract shall be settled by arbitration in accordance with the rules of the Digital Arbitration and Mediation Institute: www.fast-arbitre.com.
9.4. ENTIRE AGREEMENT
The invalidity of any clause in this contract shall not invalidate the other clauses of the contract or the contract as a whole, which shall remain in full force and effect. In such a case, the parties shall, as far as possible, replace the invalid clause with a valid clause that corresponds to the spirit and purpose of this contract.
9.5. NON-WAIVER
The Publisher’s failure to exercise the rights granted to it herein shall in no way be construed as a waiver of such rights.
9.6. TELEMARKETING
The Customer is informed that they may register on the telephone marketing opposition list at http://www.bloctel.gouv.fr/.
9.7. LANGUAGES OF THESE GENERAL TERMS AND CONDITIONS
These general terms and conditions are available in French on reqest.
9.8. UNFAIR TERMS
The provisions of these general terms and conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning unfair terms in contracts concluded between a professional and a consumer.
