General Terms and Conditions of Sale

(Last update : 01/01/2023)

 

 

1. LEGAL NOTICES

OptimHal-ProtecSom SAS is a limited liability company with a capital of 707 166€, registered in the Cherbourg Trade and Companies Register under the number Cherbourg B 493 169 296, whose head office is located at 24 rue du Train Renard - Z.A. d'Armanville - 50700 Valognes - FRANCE, and whose intra-community VAT number is FR 74 493 169 296, represented by its Managing Director, Alexis PORÉE.

OptimHal-ProtecSom SAS can be reached: by phone at +33 (0)2 33 88 70 94 from Monday to Friday, from 9am to 5pm, or by e-mail via the contact form below: https://www.optimhal-protecsom.com/en/contact-us/.

OptimHal-ProtecSom's business is the design, manufacture, and marketing of medical devices for the protection of patients allergic to dust mites, and medical devices for the pulmonary deposition of drugs, mostly via the Internet at https://boutique-allergie-fr.protecsom.com (hereinafter referred to as the "Shop").

The Shop is owned and published by OptimHal-ProtecSom SAS. The director of the publication is Alexis PORÉE. The host of the Site is OVH, whose address is 2 rue Kellerman 59100 Roubaix - FRANCE. 

In accordance with the article L. 541-10-13 of the Code of the Environment and its Extended Producer Responsibility (EPR) OptimHal-ProtecSom SAS is a member of the eco-organizations CITEO (packaging) and REFASHION (clothing textiles, household linen and footwear) under the following unique identification numbers:

- REFASHION (clothing textiles, household linen and shoes) : FR270197_11HHQF

- CITEO (packaging) : FR270197_01MUYE
- CITEO (paper) : FR270197_03USJO

2. GENERAL PRINCIPLES

The present General Conditions of Sale define the terms of the online sales concluded between OptimHal-ProtecSom SAS and any consumer making a purchase via the Shop.

They are written in French in their original version which alone is authentic and prevails over any other version.

The present General Conditions of Sale apply to the exclusion of all other conditions. They are accessible by the Customer on the Shop at any time, and they are systematically submitted to the Customer before any order and at the time of order registration. 

When opening a Customer Account, clicking on the button "I accept the general sales conditions" indicates the Customer's consent to the application of these general sales conditions.

The Customer declares that he/she has read the following provisions before placing an order for Products. Consequently, the fact of placing an order implies the Customer's full and unreserved acceptance of these General Terms and Conditions of Sale. 

A printed version of the General Terms and Conditions of Sale as well as any information sent by electronic means will be admitted in any legal proceedings concerning the application of these General Terms and Conditions of Sale in the same way and under the same conditions as any other written document kept in paper format.

Failure to exercise, at any time, a prerogative recognized by these General Conditions of Sale, or to require the application of any stipulation of the agreement resulting from these Conditions shall not be interpreted, under any circumstances, as a modification of the contract, nor as an express or tacit waiver of the right to exercise said prerogative in the future, or of the right to require the scrupulous execution of the commitments made herein.

In the event that any of the terms of the General Terms and Conditions of Sale are deemed illegal or unenforceable by a court decision, the other provisions shall remain in force. 

Modification of the General Conditions of Sale online

Considering the possible evolutions of the Site, OptimHal-ProtecSom SAS reserves the possibility of adapting or of modifying at any time the present General Conditions of Sale. Consequently, OptimHal-ProtecSom invites the Customer to consult the General Conditions of Sale before any new order. The General Conditions of Sale then in force will be applicable to all the orders placed as from their date of on-line publishing.

3. LEGAL MAJORITY AND CAPACITY

The Customer declares that he/she is legally capable of entering into this Agreement, the General Terms and Conditions of Sale of which are set forth below, i.e., that he/she has reached the age of majority and is not under guardianship or curatorship.

4. PRODUCTS

The essential characteristics of the Products are described for each Product in the online catalog.

5. CUSTOMER ACCOUNT

In order to place an order online on the Shop, it is necessary to create a Customer Account. To create an account, the Customer will be asked to indicate his first name, last name, and e-mail address. Once the Customer Account has been created, a confirmation e-mail will be sent to the Customer's e-mail address. The Customer commits himself to provide OptimHal-ProtecSom SAS with exact, up to date, complete data and to preserve its accuracy. The Customer commits himself not to create an account under a false identity. It is up to the Customer to update the data concerning him. The connection identifier is the Customer's e-mail address. Access to the Customer Account is protected by a personal and confidential password. The Customer undertakes to keep it secret and not to communicate it to third parties in any capacity whatsoever. The Customer is responsible for his password. If he notices that his account is the object of a fraudulent use, the Customer commits himself to inform immediately OptimHal-ProtecSom SAS.

6. ORDER

 

-        The customer places an order from the OptimHal-ProtecSom SAS online catalog.

-        Orders may be placed via the Shop, by telephone or by post.

-        Please note that an order is only validated once payment has been received.

-        Any order implies acceptance of the description of the Products and the prices in force on the day of the order.

 

To place an online order on the Shop, the Customer must:

-         Fill their basket with one or more Products;

-        Log in with their e-mail address and password if they already have a Customer Account or create a Customer Account.

-        Enter the billing and/or delivery address;

-        Choose the delivery method.

-         

Once the order has been completed, the Customer can check the Products ordered, the total price of the order and the conditions of the order. They choose their method of payment. If necessary, they can modify their order or go back over it before confirming it definitively.

 

The order will not be definitively registered until full payment has been received. This action is assimilated to the handwritten signature referred to in article 1367 of the French Civil Code and to the conclusion of a contract in electronic form within the meaning of articles 1127-1 and 1127-2 of the French Civil Code. As of this action:

- The Customer confirms his/her order and declares that he/she fully and unreservedly accepts it, as well as the entirety of these General Terms and Conditions of Sale; and

- The order is considered irrevocable and may only be challenged in the cases exhaustively provided for herein.

 

The invoice and order details are available in the customer account.

 

7. ORDER CONFIRMATION

 

As soon as the Customer has registered the order, an acknowledgement of receipt is sent to the e-mail address previously provided by the Customer. This acknowledgement specifies the exact amount invoiced, the indication of the products ordered and their quantity, and the terms of delivery of the order. This acknowledgement of receipt constitutes acceptance of the order by OptimHal-ProtecSom SAS and will validate the transaction.

 

The Customer accepts that the order registration systems are proof of the purchase and its date. By keeping this e-mail and/or printing it out, the Customer holds proof of his/her order, which OptimHal-ProtecSom SAS recommends that he/she keep.

This e-mail confirms that the Customer's order has been considered by OptimHal-ProtecSom SAS and not that the Product ordered is available.

 

OptimHal-ProtecSom SAS undertakes to honor online orders only within the limits of available stocks.

In the absence of availability, OptimHal-ProtecSom SAS undertakes to inform the customer as soon as possible by e-mail or telephone. In the event of unavailability of the Product ordered, the Customer may either cancel or modify the order. In the event of cancellation due to unavailability, the Customer will be reimbursed within fourteen (14) days of receipt of the cancellation request.

 

8. PRICES

 

Product prices

ORDERS PLACED THROUGH THE STORE ARE SUBJECT TO PAYMENT. Product prices are indicated in euros, including all taxes, for metropolitan France and Europe. They consider the VAT in force on the day of the order. If the delivery zone indicated by the Customer is in an overseas region or outside Europe, the prices of the Products will be indicated in euros excluding tax.

 

Advertised prices do not include delivery charges, which are payable by the customer in accordance with article 9 below.

Promotional offers are only valid within the double limit of the validity period of the offer concerned and available stocks.

Cost of using a remote communication technique. Access to the Site is via the Internet. The cost of accessing the Internet using a remote communication service is borne by the Customer.

 

9. SHIPPING COSTS

 

The contribution to shipping costs includes insurance which guarantees the Customer the effective delivery of his order, its replacement in the event of transport damage, or its reimbursement, including shipping costs.

 

This flat-rate contribution is the exclusive responsibility of the Customer and is automatically updated according to the place of delivery and mode of transport indicated when the order is validated.

 

Indicative prices updated to March 20, 2023, subject to change without notice. The shipping costs indicated at the time of validation of the customer's order are authoritative:

 

Country	COLISSIMO	RELAIS COLIS
France (Corsica)	6,95 €	4,95 €
France (sauf Corsica et Dom-Tom)	6,95 €	4,95 €
Belgium	6,95 €	6,95 €
Germany	11,95 €	11,40 €
Luxembourg	11,95 €	11,40 €
Netherlands	11,95 €	11,40 €
Spain	14,80 €	14,25 €
Italy	19,30 €	-
United Kingdom	14,80 €	14,25 €
Switzerland	18,85 €	18,20 €
Austria	14,80 €	14,25 €
Denmark	20,05 €	-
Irelande	19,30 €	-
Portugal	14,80 €	14,25 €
Finland	23,50 €	-
Norway	23,50 €	-
Sweden	23,50 €	-
Guadeloupe	31,70 €	-
French Guiana	31,70 €	-
Reunion Island	31,70 €	-
Martinique	31,70 €	-
Mayotte	31,70 €	-
Saint-Barthelemy	31,70 €	-
Saint-Martin	31,70 €	-
Saint-Pierre-et-Micquelon	31,70 €	-
Greece	23,50 €	-
Hungary	18,85 €	18,20 €
Poland	20,05 €	-
Slovakia	18,85 €	18,20 €
Slovenia	18,85 €	18,20 €
Bulgaria	23,50 €	-
Cyprus	23,50 €	-
Estonia	18,85 €	18,20 €
Latvia	18,85 €	18,20 €
Lithuania	18,85 €	18,20 €
Malta	23,50 €	-
Romania	23,50 €	-
Saudi Arabia	61,05 €	-
Canada	51,25 €	-
United Arab Emirates	61,05 €	-
United States	51,25 €	-
Israel	51,25 €	-
New Caledonia	57,95 €	-
French Polynesia	57,95 €	-
Australia	51,25 €	-
Japan	51,25 €	-
New Zealand	61,05 €	-

 

 

Return shipping costs are the sole responsibility of the Customer, except in the case exhaustively provided for in article 12 hereof, related to non-conformity or a defect of the Product.

 

10. PAYMENT

 

The payment of the order is understood to be cash on the day of the order. For the purposes of this article, payment is deemed to have been made when the funds are actually made available to OptimHal-ProtecSom SAS.

 

Terms of payment:

 

Invoices are payable in euros at the registered office of OptimHal-ProtecSom SAS.

 

Payment for orders is made online:

- By credit card via the secure payment interface.

- By PayPal secure payment interface

- By cheque payable to OptimHal-ProtecSom SAS, dated the day of your order. For rapid processing of your order, simply write your order number on the back of your cheque (the cheque will be cashed on receipt).

- By bank transfer. To ensure rapid processing of the order, the customer must indicate his order number in the "reference" field of the bank transfer. If the customer's bank charges a transfer fee, this will be at the customer's expense.

 

In all these cases, the order will be processed upon receipt of payment and subject to its collection. OptimHal-ProtecSom SAS reserves ownership of the items sold until full payment of the agreed price, including shipping costs.

 

To optimize the security of transactions on the Internet, the Shop uses an SSL (Secure Socket Layer) online payment system, so that every effort is made to ensure the confidentiality and security of data transmitted when paying online.

Our online payment system Monetico (Crédit Mutuel/CIC) automatically checks the validity of access rights when paying by credit card and encrypts all exchanges to guarantee confidentiality.

To benefit from the SSL secure payment mode, customers must use SSL-compatible browsers.

 

11. DELIVERY

 

Terms of delivery

Delivery is made in metropolitan France and the European Union.

The parcel number will be indicated by e-mail to the Customer, to enable him to track his delivery (in the event of non-receipt, the Customer should check his junk mail).

Shipping costs will be invoiced at the rate in force on the day of the order.

The Customer is informed of the terms of delivery before final validation of the order.

For orders outside the zones indicated in these General Terms and Conditions of Sale, please contact OptimHal-ProtecSom via our contact form (https://boutique-allergie-fr.protecsom.com/contactez-nous) or by telephone on +33 (0)2 33 88 70 94.

 

Delivery times

Delivery times are indicated in the Shop when the order is validated. They vary according to the destination and delivery method chosen. Delivery times begin upon receipt of payment by OptimHal-ProtecSom SAS.

If several items ordered at the same time have a different delivery date, the delivery date will be that which is furthest away. However, in this case, OptimHal-ProtecSom SAS reserves the right to deliver the order in instalments.

Although they are indicative, OptimHal-ProtecSom SAS will do its best to respect the delivery times mentioned at the time of the order.

Non-compliance with delivery times shall not give rise to the payment of any compensation whatsoever.

 

12. RECEIPT OF PRODUCTS

 

The Customer must check the condition of the packaging and the conformity of the Product at the time of delivery. The Customer must immediately inform the delivery person of any reservations he may have concerning the condition of the Product delivered, so that these can be noted on the transport document: damaged packaging, damage sustained, conformity with the order, etc.

Any complaint concerning apparent defects or the non-conformity of the Product delivered in relation to the information given at the time of presentation of the Product on the Site, as well as any damage linked to transport, must be confirmed by the Customer to OptimHal-ProtecSom SAS within 48 hours of receipt of the Product, either by registered letter with acknowledgement of receipt to the following address: OptimHal-ProtecSom SAS - BP 46 - 50700 VALOGNES - France, or by e-mail to the address via our contact form (https://boutique-allergie-fr.protecsom.com/contactez-nous).

The customer must provide full justification of the non-conformities, damage or defects observed.

 

If no complaint is made within the aforementioned period and conditions, the Products delivered will be deemed to have been accepted by the Customer.

By reporting the defect or non-conformity of the Product, the Customer will obtain a return authorization from OptimHal-ProtecSom, specifying the address and terms of return of the Products.

Once the return authorization has been obtained, the Customer shall return the Products to OptimHal-ProtecSom SAS at the address specified on the return authorization, in accordance with the terms and conditions indicated.

Any Product returned without the agreement of OptimHal-ProtecSom SAS will be refused and returned to the sender at the latter's expense and risk.

To be validly returned to OptimHal-ProtecSom SAS and/or exchanged, Products must not have been used and must be returned intact in their original packaging with any accessories, user manuals and other documentation.

In the event that the Customer returns the Product due to a proven lack of conformity confirmed by OptimHal-ProtecSom SAS, the Customer must use the same method of delivery for the return of the Products as that chosen for the shipment of the Products ordered. In this case, OptimHal-ProtecSom SAS will cover the cost of return shipment by means of a return voucher or, failing this, by reimbursing the Customer for the actual amount of said costs (proof of postage costs must be enclosed with the package; in the absence of such proof, no reimbursement may be demanded by the Customer).

 

13. SPONSORSHIP

 

The conclusion of a sponsorship operation implies the unreserved and unrestricted acceptance by the sponsor of the present General Terms and Conditions of Sale, as well as compliance with the regulations in force concerning sponsorship.

 

13.1. Implementation

 

A sponsorship system has been set up for all customers who have already placed an order on our Internet store (https://boutique-allergie-fr.protecsom.com).

To find out how to sponsor friends and family, customers can consult this page: https://boutique-allergie-fr.protecsom.com/content/18-parrainage-protecsom.

13. SPONSORSHIP

 

The conclusion of a sponsorship operation implies acceptance without reservation or restriction by the sponsor of these General Conditions of Sale, as well as compliance with the regulations in force concerning sponsorship.

 

13.1. Establishment

 

A sponsorship system has been set up for all customers who have already placed an order on our internet store (https://boutique-allergie-fr.protecsom.com).

To find out how to sponsor his relatives, the Customer can consult this page: https://boutique-allergie-fr.protecsom.com/content/18-parrainage-protecsom.

 

13.2. Conditions of participation

 

Sponsors and sponsored person undertake in particular not to make fraudulent, abusive, misappropriated or ill-intentioned use of the ProtecSom sponsorship program. Any fraudulent, abusive, diverted or ill-considered operation of the sponsorship program will result in the deletion of the customer accounts concerned and the cancellation of the advantages obtained via the sponsorship program.

 

Conditions of access to the program for the Sponsor

 

This operation is open to all people who have already validated and paid for an order on our shop (https://boutique-allergie-fr.protecsom.com).

The sponsorship will be valid once the sponsored person's order has been validated and paid for. The Customer can sponsor the person of his choice as long as he has never placed an order with OptimHal-ProtecSom SAS, and therefore does not have a customer account on the Shop. Similarly, only emancipated adults or minors can participate in this sponsorship program. It should be noted that the sponsorship can in no case be retroactive. A sponsor cannot claim the prescription of a sponsored person a posteriori. Similarly, the sponsor cannot sponsor a member of the same household or sponsor themselves. It is also not authorized to disseminate its sponsorship information on a website, a social network, or any other means of public communication to obtain sponsorship rewards.

 

Conditions of access to the program for the sponsored person

 

A sponsored person can only benefit from one sponsor. The Referee must never have been a customer of OptimHal-ProtecSom SAS.

 

14. WARRANTY

 

Warranty of conformity and legal warranty against hidden defects

The Customer benefits from the legal guarantee of conformity (articles L. 217-4 to L. 217-12 of the French Consumer Code) and the legal guarantee against defects in the item sold (articles 1641 to 1648 and 2232 of the French Civil Code).

 

GUARANTEE OF CONFORMITY

 

Article L. 217-4 of the French Consumer Code:

The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.

He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was made his responsibility by the contract or was carried out under his responsibility.

 

Article L. 217-5 of the French Consumer Code:

The good conforms to the contract:

1° If it is fit for the purpose usually expected of similar goods and, where applicable:

- if it corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model;

- if it has the qualities that a purchaser may legitimately expect, having regard to public statements made by the seller, the producer or his representative, particularly in advertising or labelling;

2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter.

 

Article L. 217-12 of the French Consumer Code:

Any action resulting from a lack of conformity must be brought within two years of delivery of the goods.

 

Article L. 217-16 of the French Consumer Code:

When the buyer asks the seller, during the course of the commercial warranty granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining warranty period.

This period runs from the date of the buyer's request for service or from the date the item in question is made available for repair if the item is made available after the request for service.

 

WARRANTY AGAINST HIDDEN DEFECTS

 

Article 1641 of the French Civil Code:

The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair this use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.

 

Article 1648 paragraph 1 of the French Civil Code:

The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.

 

15. LIABILITY

 

Information

 

OptimHal-ProtecSom SAS makes every effort to ensure to the best of its ability the accuracy and updating of the information published on the Shop, which it reserves the right to modify at any time and without notice. However, it cannot guarantee the accuracy, precision or completeness of the information appearing on the Shop. Consequently, it declines all responsibility for any imprecision, inaccuracy, or omission in the information available, as well as all responsibility for damage resulting from fraudulent intrusion by a third party leading to modification of the information contained in the Shop.

 

OptimHal-ProtecSom SAS cannot be held responsible for the hypertext links set up within the framework of the present Internet Site leading to other resources present on the Internet network. OptimHal-ProtecSom SAS has no means of controlling the Sites connected to its Shop, and the Customer is hereby expressly informed of this. Consequently, the risks associated with this use are fully incumbent on the Internet user, who must comply with the conditions of use specific to each Site.

 

Similarly, the photographs and texts reproduced and illustrating the Products presented are not contractual. Consequently, OptimHal-ProtecSom SAS cannot be held responsible for any errors in any of these photographs or texts.

 

Conformity of Products to applicable standards

 

OptimHal-ProtecSom SAS undertakes to sell Products that comply with the regulations and standards in force in the European Union at the time of sale.

 

Use of the Site

 

Use of and browsing on the Site are under the Customer's responsibility. OptimHal-ProtecSom SAS declines all responsibility and cannot be held liable for any damage or viruses that may affect computer equipment or any other material when accessing the Shop, using the Shop or browsing the Shop, or downloading any content, data, text, images or files from the Shop.

 

Improper use/installation of the Product

 

OptimHal-ProtecSom SAS declines all responsibility and shall not be held liable for any damage caused to the Customer or to a third party due to improper use of the Product.

 

16. RIGHT OF WITHDRAWAL

 

In accordance with article L. 221-18 of the French Consumer Code, the Customer who concludes a contract by means of distance communication has a cooling-off period of fourteen (14) days from the date of receipt of the Product to cancel the order.

It is specified that in the case of an order for several goods delivered separately or in the case of an order for a good made up of multiple batches or parts whose delivery is staggered over a defined period, the period runs from receipt of the last good, batch or part.

For contracts providing for the regular delivery of goods over a defined period, the period runs from receipt of the first good.

As custom-made products are personalized products within the meaning of the French Commercial Code, they do not benefit from the withdrawal period.

 

To exercise his right of withdrawal, the Customer has fourteen (14) days to inform OptimHal-ProtecSom SAS of his intention via the contact form (https://www.optimhal-protecsom.com/en/contact-us/).

When the right of withdrawal is transmitted electronically online from the Shop, OptimHal-ProtecSom SAS will send the Customer, within 48 hours, an acknowledgement of receipt of the withdrawal.

 

Thereafter, the Customer shall send the Products within fourteen (14) days of the date on which the withdrawal request was sent. The costs and risks of return shipment are the sole responsibility of the Customer.

Products are returned to OptimHal-ProtecSom SAS at the following address: OptimHal-ProtecSom SAS - BP 46 - Valognes - FRANCE.

 

The cost of returning the Product is the cost of initial delivery under the standard delivery method proposed by OptimHal-ProtecSom SAS at the time of the order.

 

OptimHal-ProtecSom SAS undertakes to reimburse the Customer for the price of the order within 14 days of receipt of the Products.

 

The Products must not have been used or damaged and must be returned intact in their original packaging with any accessories, user manuals and other documentation.

OptimHal-ProtecSom SAS shall not be held liable in the event of deterioration of the Product by the Customer.

 

17. INTELLECTUAL PROPERTY RIGHTS

 

The Customer has no intellectual or industrial property rights on the Products, packaging, etc. OptimHal-ProtecSom SAS remains the exclusive owner of all these rights.

 

Any use in any manner whatsoever by the Customer of the OptimHal-ProtecSom SAS trademark or of any other trademark belonging to OptimHal-ProtecSom SAS or to its suppliers and manufacturers is strictly prohibited, except with the consent of OptimHal-ProtecSom SAS.

 

The content and structure of the Shop are reserved under copyright law, as well as under intellectual property law, for the entire world.

 

As such, and in accordance with the provisions of the French Intellectual Property Code, only private use is authorized, subject to different or even more restrictive provisions of the Intellectual Property Code.

 

Any reproduction or representation, total or partial, of any content present on the Shop (in particular any text, image, iconographic or photographic representation, trademark or logo) for any purpose and on any medium whatsoever is prohibited.

 

Failure to comply with this prohibition constitutes an infringement of copyright, for which the infringer may be held civilly and criminally liable.

 

None of the provisions of these General Terms and Conditions of Sale may be interpreted as granting the Customer a license to any intellectual property right whatsoever.

 

18. PROTECTION OF PERSONAL DATA

 

OptimHal-ProtecSom SAS declares that it complies with and undertakes to comply with the regulations relating to personal data in force in France, and in particular the European Data Protection Regulation of April 27, 2016 (RGPD) and the amended French Data Protection Act of January 6, 1978.

 

18.1. Data collected

 

When creating a Customer account and/or placing an order, OptimHal-ProtecSom SAS collects personal data with a view to concluding the Contract, carrying it out, managing it and drawing up invoices. OptimHal-ProtecSom SAS may use the customer's personal data for commercial solicitations in compliance with current legal requirements. Collection is based on the performance of the Contract.

 

At the time of collection, certain data must be filled in and are indicated by an asterisk, others are optional.

OptimHal-ProtecSom SAS undertakes not to use the data collected for purposes other than those mentioned above (unless required by a competent judicial and/or administrative authority).

 

Your data is kept in an active database for the duration of the contract or 3 years from the last contact with you, and in an archive database for a period of 5 years, the duration of the statute of limitations under common law.

 

The recipient of the data is OptimHal-ProtecSom SAS. However, OptimHal-ProtecSom SAS reserves the right to transmit all or part of its Customers' personal data to its subcontractors for the purposes of the Contract, and in particular for the execution of any order.

 

OptimHal-ProtecSom SAS undertakes to take all necessary precautions to preserve the security of the data communicated and, in particular, to prevent it from being distorted, damaged or accessed by unauthorized third parties.

 

Customers have the right to ask OptimHal-ProtecSom SAS to access, rectify, delete, or port their personal data. The Customer may also request a limitation of the processing or object to the processing of data concerning him. Customers may withdraw their consent to the processing of their data at any time.

 

Customers may exercise their rights by sending an e-mail to OptimHal-ProtecSom SAS at the following address: via the contact form (https://www.optimhal-protecsom.com/en/contact-us/) or by post to OptimHal-ProtecSom SAS - 24 rue du Train Renard 50700 Valognes - FRANCE, giving full details (surname, first name, address, telephone number, e-mail address) and specifying the subject of your correspondence. You may be asked to prove your identity.

 

Finally, the customer may lodge a complaint with the CNIL.

 

18.2. Cookies and other tracking technologies

 

When visiting our Shop, cookies may be placed on the user's computer, tablet, or smartphone.

A "cookie" is a small text file containing information specific to the user of the Shop. It is stored on the user's hard disk and can only be read by the server that supplied it.

 

For example, cookies help us to remember the customer's username the next time he or she visits, to understand his or her interactions with our content, and to improve it on the basis of this information.

 

The information obtained from cookies is stored on the server hosting the Shop, which is located at : OVH - 2 rue Kellerman 59100 Roubaix - FRANCE.

 

Purpose of cookies

OptimHal-ProtecSom SAS makes limited use of "cookies" to facilitate your browsing of the Boutique, to optimize its consultation, and to carry out audience measurement. Cookies are kept for a maximum of 13 months.

 

In this case, they are :

 

-        Necessary cookies:

For the proper operation of the Shop: These are cookies that are essential for tracking and registering Customer Accounts on the Shop. Without these cookies, certain Boutique settings may not function properly.

 

-        Functionality cookies:

Essential for browsing the Shop. They enable us to remember the choices you make during your visits. For example, we may store your geographical location in a cookie in order to suggest establishments or events around that location.

 

-        Traffic analysis cookies:

These cookies enable us to track the browsing habits of Internet users to establish consultation statistics and monitor the performance of the Shop. This data enables us to improve the Shop and provide a better user experience. In this case, the system is limited to audience measurement and A/B testing and falls within the scope specified by article 5 of the guidelines relating to cookies and other tracers.

 

If the user does not wish this technology to be used, it is possible to deactivate this function in the user's browser software, while retaining access to the Shop. This may limit the user's ability to use/benefit from certain features of our Shop.

 

Cookie management

 

The first time visitors log on to the Site, a cookies banner appears on the home page. A clickable link allows you to find out more about the use and operation of cookies. Continued browsing on another page of the Shop or the selection of an item in the Shop (image, link, "search" button, etc.) implies acceptance of the use of cookies by Internet users.

 

Users may choose to deactivate cookies at any time. The user's browser can also be configured to notify him/her of cookies that have been deposited in his/her browser, and to ask him/her whether or not to accept them.

 

The user may accept or refuse cookies on a case-by-case basis or refuse them systematically.

We remind you that this setting may modify the conditions of access to our content requiring the use of cookies. We remind you that the deletion of certain cookies may modify the conditions of access to our Boutique.

 

Please note that taking into account the user's wishes is based on a cookie. If the user deletes all cookies stored on his/her terminal (via his/her browser), the Shop will not know that this option has been chosen.

 

For further information on cookies, users may consult the CNIL information page: http://www.cnil.fr/vos-droits/vos-traces/les-cookies.

 

19. FORCE MAJEURE

 

OptimHal-ProtecSom SAS shall not be liable for any breach of its contractual obligations in the event of force majeure or fortuitous events, including but not limited to catastrophes, fires, internal or external strikes, internal or external failures or breakdowns, and in general any event preventing the proper execution of orders.

 

20. APPLICABLE LAW AND JURISDICTION

 

These General Terms and Conditions are governed by French domestic law, to the exclusion of any international convention.

 

In the event of any dispute relating to these General Terms and Conditions or to the sale, the parties will endeavor to resolve their dispute amicably.

 

Failing amicable settlement, the competent court will be the Cherbourg Commercial Court.

 

21. RECOURSE TO THE CONSUMER OMBUDSMAN

 

If the Customer is a "consumer" within the meaning of the preliminary article of the French Consumer Code, he/she must first address his/her complaint directly to us using the Shop's contact form.

 

If this attempt fails, the Customer may have recourse to a conventional mediation procedure or any other alternative dispute resolution method, in particular by having recourse, free of charge, within one year of the date of the complaint, to the competent consumer mediator in accordance with the provisions of Title 5 of Book I of the Consumer Code:

 

Médiateur de la Fédération professionnelle du e-commerce et de la vente à distance (FEVAD)

60 rue de la Boétie - 75008 PARIS

mediateurducommerce@fevad.com

https://www.mediateurfevad.fr

 

In order to resolve his dispute, the Customer may access the European online dispute resolution platform provided for in Regulation (EU) No. 524/2013 of May 21, 2013 on the online settlement of consumer disputes, in particular cross-border disputes, by following the link http://ec.europa.eu/consumers/odr.

 

If this mediation fails, or if the Customer does not wish to have recourse to it, he remains free to submit his dispute to the competent courts.