Terms of Use
General terms of use of the rage-mechanics.com website
applicable as of 02/02/2023
ARTICLE 1. PARTIES
These general terms and conditions apply between SAS Rage Mechanics, SAS, share capital: €1000, registered with the Lyon Trade and Companies Register in France on 26/09/2022, under number Lyon B 919 621 839, registered office: 34 rue des remparts d'ainay, 69002 Lyon, FR, telephone: +33123456789, email: contact@rage-mechanics.com, intra-Community VAT no.: FR65919621839, hereinafter "the Publisher", and any person, natural or legal, governed by private or public law, registered on the Site in order to purchase a Product, hereinafter "the Customer".
ARTICLE 2. DEFINITIONS
"Customer": any person, natural or legal, governed by private or public law, registered on the Site. "Site Content": items of any kind published on the Site, whether or not protected by an intellectual property right, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software. "The Publisher": SAS Rage Mechanics, SAS acting in its capacity as publisher of the Site. "User": any person, natural or legal, governed by private or public law, connecting to the Site. "Product": goods of any kind sold on the Site by the Publisher to Customers. "Site": website accessible at the URL rage-mechanics.com, as well as the related sub-sites, mirror sites, portals and URL variations.
ARTICLE 3. SCOPE OF APPLICATION
The Site is freely accessible to any User at no charge. Browsing the Site implies acceptance by any User of these general terms and conditions. Merely connecting to the Site, by any means whatsoever, in particular via a robot or a browser, shall constitute 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 User thereby acknowledges having fully read them and accepting them without restriction. Ticking the aforementioned box shall be deemed to have the same value as a handwritten signature by the User. The User acknowledges the evidentiary value of the Publisher's automatic recording systems and, unless able to provide evidence to the contrary, waives the right to challenge 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 conditions, in particular those of the User. Acceptance of these general terms and conditions presupposes that Users have the necessary legal capacity to do so, or failing that, that they have the authorization of a guardian or trustee if they lack legal capacity, of their legal representative if they are minors, or that they hold a power of attorney if they are acting on behalf of a legal entity.
ARTICLE 4. PURPOSE OF THE SITE
The purpose of the Site is the sale of Products to Customers.
ARTICLE 5. CUSTOMER SERVICE
The Site's customer service is available Monday to Friday from 10:00 to 18:00 at the following non-premium rate telephone number: 0000000000, by email at: contact@ragemechanics.com or by postal mail at the address indicated in article 1 of these general terms and conditions. In the latter two cases, the Publisher undertakes to provide a response within 7 business days.
ARTICLE 6. PERSONAL ACCOUNT
6.1. Creation of the personal account
Creating a personal account is an essential prerequisite for any order placed by a User on the Site. To this end, the User will be asked to provide a certain amount of personal information. Some of this information is deemed essential to the creation of the personal account. A User's refusal to provide said information will prevent the creation of the personal account and, consequently, the validation of the order. When creating the personal account, the User is invited to choose a password. This password guarantees the confidentiality of the information contained in the personal account. The User therefore undertakes not to transfer or disclose it to a third party. Failing this, the Publisher may not be held liable for unauthorized access to a User's personal account. The Customer undertakes to regularly check the data concerning them and to carry out any necessary updates and modifications online, from their personal account.
6.2. Content of the personal account
The personal account allows the Customer to view and track all orders placed on the Site. The pages relating to personal accounts may be freely printed by the holder of the account in question, but in no way constitute evidence admissible in court. They are purely informative and intended to ensure efficient management of the Customer's orders. The Publisher undertakes to securely retain all contractual items whose retention is required by applicable law or regulations.
6.3. Deletion of the personal account
The Publisher reserves the right to delete the account of any Customer who breaches these general terms and conditions, in particular where the Customer provides inaccurate, incomplete, misleading or fraudulent information, as well as where a Customer's personal account has remained 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 possibility for the Publisher to initiate legal proceedings against the Customer where the facts justify it.
ARTICLE 7. PERSONAL DATA
In the course of providing its services, the Publisher will process personal data of its Customers.
7.1. Identity of the data controller
The party responsible for the collection and processing of data on the Site is the Publisher.
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 the URL of our site
7.3. Data collected
7.3.1. Data collected from customers
As part of its contractual relationships, the Publisher may collect and process information from its Customers, namely: Email, Last name and first name, Telephone, Address, state, province, postal code, city, Contract history.
7.3.2. Purposes of the collection of personal data
The data collected during the contractual relationship is subject to automated processing for the purpose of: performing contractual commitments; contacting Customers; preventing any unlawful or illegal activity; enforcing the general terms and conditions; initiating legal proceedings; verifying the identity of Customers
7.3.3. Legal bases for processing
The legal basis for the data collected is a contractual relationship.
7.3.4. Recipients of the data
The data collected may only be accessed by the Publisher within the limits strictly necessary for the performance of its contractual commitments. This data, whether in individual or aggregated form, is never made freely viewable by a third-party natural person.
7.3.5. Retention period of personal data
The personal data collected is retained for the duration of the contractual relationship, and for as long as the Publisher's liability may be incurred. Once the retention period has expired, the Publisher undertakes to permanently delete the data of the persons concerned without keeping a copy.
7.3.6. Security and confidentiality of personal data
Personal data is stored under secure conditions, using current technical means, in compliance with the provisions of the General Data Protection Regulation and applicable national legislation. Access to the Publisher's premises is also secured.
7.3.7. Data minimization
The Publisher may also collect and process any data voluntarily provided by its Customers. The Publisher guides its Customers so that they provide only the personal data strictly necessary for the performance of contractual commitments. The Publisher undertakes to retain and process only the data strictly necessary for its professional activities, and will delete as soon as possible any data received that is not useful for its activities.
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 filling in the online contact form.
7.4.1. Right to information, access and communication of data
The Publisher's Customers may access the personal data concerning them. Due to the obligation of security and confidentiality in the processing of personal data incumbent upon the Publisher, requests will only be processed if Customers provide proof of their identity, in particular by producing a scan of their valid identity document (in the case of a request made through the dedicated electronic form) or a signed photocopy of their valid identity document (in the case of a request sent in writing), both accompanied by the statement "I hereby certify on my honor that the copy of this identity document is a true copy of the original. Made at … on …", followed by their signature. To assist them in their procedure, Customers will find here a template letter drawn up by the Cnil.
7.4.2. Right to rectification, deletion and right to be forgotten
The Publisher's Customers may request the rectification, updating, blocking or erasure of their personal data which may, where applicable, prove to be inaccurate, erroneous, incomplete or obsolete. The Publisher's Customers may also lay down general and specific instructions regarding the fate of their 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. To assist them in their procedure, Customers will find here a template letter drawn up by the Cnil.
7.4.3. Right to object to data processing
The Publisher's Customers may object to the processing of their personal data. To assist them in their procedure, Customers will find here a template letter drawn up by the Cnil.
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. Their data may then 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 objection, or any other additional request for information, within a reasonable period not exceeding 1 month from receipt of the request.
7.4.7. Complaint 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 submit a complaint or request to the competent authority. In France, the competent authority is the Cnil, to which they may submit a request here.
7.5. Transfer of the data collected
7.5.1. Transfer to partners
The Publisher uses authorized 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 previously ensured that its service providers implement adequate safeguards and comply with strict conditions regarding confidentiality, use and protection of data, for example via the US Privacy Shield. The Publisher uses the following subprocessors: Partner Capacity Recipient country Processing carried out Safeguards Google Analytics Processor and joint controller USA (Privacy Shield) Compilation of commercial statistics in order to generate reports on User interactions. https://policies.google.com/privacy OVH Processor France Website hosting. https://ovhcloud.com/legal/privacy-policy Google Adwords Processor and joint controller USA (Privacy Shield) Carrying out prospecting operations. https://policies.google.com/privacy Facebook Analytics Processor and joint controller USA (Privacy Shield) Compilation of commercial statistics in order to generate reports on User interactions. https://www.facebook.com/policy.php
7.5.2. Transfer upon official request or court decision
Customers also consent to the Publisher disclosing the data collected to any person, upon the request of a state authority or by court decision.
7.5.3. Transfer in the context of a merger or acquisition
If the Publisher is involved in a merger, sale of assets, financing transaction, liquidation or bankruptcy, or in the acquisition of all or part of its business by another company, Customers consent to the data collected being transferred by the Publisher to that company and to that company carrying out the personal data processing operations referred to in these General Terms of Service in place of the Publisher.
ARTICLE 8. INTELLECTUAL PROPERTY
8.1. Legal protection of the Site Content
The Site Content may be protected by copyright and database rights. Any representation, reproduction, translation, adaptation or transformation, in whole or in part, carried out unlawfully and without the consent of the Publisher or its assignees or successors in title constitutes a violation of Books I and III of the French Intellectual Property Code and may give rise to legal proceedings for infringement.
8.2. Contractual protection of the Site Content
The User contractually undertakes towards the Publisher not to use, reproduce or represent, in any manner whatsoever, the Site Content, whether or not protected by an intellectual property right, for any purpose other than reading it via a robot or a browser. This prohibition does not apply to indexing robots whose sole purpose is to scan the Site's content for indexing purposes.
8.3. Protection of the general terms and conditions
The Site's general terms and conditions, drafted by the law firm Deshoulières Avocats Associés (www.deshoulieres-avocats.com), are protected by commercial law. Any reproduction, in whole or in part, carried out without the consent of Deshoulières Avocats Associés may give rise to legal proceedings for unfair free-riding.
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 day of their order or of their connection to this Site, any new connection to the personal account constituting, where applicable, acceptance of the new general terms and conditions.
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 general terms and conditions and for which no amicable solution has previously been found between the parties must be submitted. 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 Since 1 January 2016, mediation has been mandatory for all. Thus, any business selling to private individuals is required to provide the contact details of a competent Mediator in the event of a dispute, regardless of whether it sells remotely or in a physical store (Source: FEVAD). Mediation / médiation.fr
9.4. Severability
The invalidity of one of the clauses of this contract shall not result in the invalidity of the other clauses of the contract or of the contract as a whole, which shall retain their full effect and scope. In such a case, the parties must, as far as possible, replace the invalidated provision with a valid provision corresponding to the spirit and purpose of these terms.
9.5. No waiver
The Publisher's failure to exercise the rights granted to it hereunder may in no case be interpreted as a waiver of its right to assert said rights.
9.6. Telephone canvassing
The Customer is informed that they may register on the telephone canvassing opt-out list at http://www.bloctel.gouv.fr/.
9.7. Languages of these general terms and conditions
These general terms and conditions are provided in French.
9.8. Unfair terms
The provisions of these general terms and conditions apply subject to compliance with the mandatory provisions of the French Consumer Code concerning unfair terms in contracts concluded between a business and a consumer