LEGAL DISCLAMER & DATA PROTECTION

Mentions légales – Version française

TERMS OF USE OF THE WEBSITE

 

Welcome to the www.dalihauteparfumerie.com site (hereinafter the “Website”) browsing and use of which are governed by these Terms of Use of the Website (hereinafter the “Terms of Use”), which must be accepted and complied with by all Internet users wishing to access and use the Website, whether or not they are customers (hereinafter referred to as the “User” or the “Users”), whatever their country of residence.

The act of accessing and browsing the Website constitutes full acceptance of the Terms of Use by the Users of the Website and Cofinluxe Company advises them to read the Terms of Use and print them out.

 

This Terms of Use are a translation in English of the French version of the « Conditions Générales d’Utilisation du Site » available on the Website.

In case of discrepancy between the different versions of the Terms of Use or its interpretations, the French version of the “Conditions d’Utilisation” shallprevail on all the other versions in other language namely in English language.

Cofinluxe Company’s Customer Service is available to Users and customers requiring information on the Terms of Use:

By mail: Cofinluxe Customer Service – 6, rue Anatole de la Forge 75017 Paris France

By email:dalihauteparfumerie@cofinluxe.fr

 

I – Legal Notices

Thewww.dalihauteparfumerie.com Website is created and published by Cofinluxe company, limited company with a Board of Directors, whose head office is located 6, rue Anatole de la Forge 75017 PARIS FRANCE, Tel 00 33 1 55 37 71 72, registered with the Chamber of Commerce of Paris under number 306 063 678, with a share capital social 648 232 euros (VAT registration No. FR 07306063678), represented by Mr. Jean-Pierre GRIVORY, its Chief Executive Officer.

The Publishing Director of the Website is Mr. Jean-Pierre GRIVORY and the Website is hosted by GANDI SAS, with capital of 800.000€ (VAT registration N°FR 81423093459) whose head office is located 63-65 boulevard Massena à Paris (75013) FRANCE, registered under the number 423 093 459 RCS PARIS.

II – Conditions for Access and Use of the Website   

2.1 Scope and Purpose of the Terms of Use

 

www.dalihauteparfumerie.comis a website for information presenting the fragrances of Haute Parfumerie    created and marketed by the Company Cofinluxe under exclusive brand license Salvador Dali.

The Website is intended for non-professional adult individual Users acting for their personal and private use.

2.2 Personal Data

2.2.1 Terms and Conditions for the Collection and Processing of Personal Data

The Website collects personal data allowing identification of the User during his browsing of the Website. These personal data are entered by the User when he clicks on the link “contact & information” inserted on the Website, mentioning in particular his names and e-mail address.

The User guarantees the authenticity and accuracy of all the data that he inputs on the Website via the clickable link “contact & information” and that are deemed proof of his identity.

 

Cofinluxe company undertakes to only lawfully process personal data in accordance with the legal basis provided by the applicable regulation (Users consent, proper implementation of the contracts, respect of a legal obligation, legitimate interests as the data treatment does not infringe any individuals’ rights) and therefore only collects the personal data necessary and proportionate to the legitimate purpose defined in 2.2.2 and voluntarily submitted by the Users.

 

 

Cofinluxe company will not send any commercial offer from Cofinluxe company or its business partners to the User that would provide personal data via the clickable link “contact & information”.

 

Cofinluxe company keeps the personal data for a limited period of time, determined in accordance with the purpose of the treatment and the regulatory and legal provisions in force.

 

Personal data is collected, registered and stored in accordance with the General Data Protection Regulation (GDPR) in force and the “Informatique et Libertés” Law n°78-17 of January 6^th, 1978 in its latest version.

 

2.2.2 Recipients of Personal Data and Purpose of the Processing

The purposes of the collection and processing of the personal data of Users are: Management of the Website and customer relations: correspondence with Users, follow up of Users inquiries via the clickable link “contact & information” and website traffic analysis.

Personal data can also by used in order to pursue the legitimate interests of Cofinluxe company, among which the protection and development of activites and the enhancement of the products and services offered to the Users, the search for new products and markets, fight against fraud, etc. These treatments are implemented in conditions that allow the preservation of the Users rights by informing them or allowing them to oppose to such treatment for example.

 

Personal data collected on the Website are intended for Cofinluxe company and may, if appropriate, be temporarily communicated to third parties providing services on behalf of Cofinluxe company in connection with the operation and management of the Website

Personal data will not be transferred out of the European Union. However, If personal data was to be transferred out of the European Union, Users are informed that Cofinluxe company will take all necessary measures in order to ensure that the recipient countries of the personal data ensure a level of personal data protection equivalent to those of the european and french provisions.

 

2.2.3 Rights of Users

 

In accordance with the General Data Protection Regulation (GDPR) and the “Informatique et Libertés” Law of January 6^th, 1978 in its latest version, any User of the Website has the right to oppose or limit the treatment of his/her personal data and a right to access, correct and suppress his/her personal data.

 

Any User also benefits from the right to receive, in digital form, his/her personal data (personal data portability) when he/she has agreed to their treatment or when such treatment is processed as part of performance of a contract.

 

The User’s request could be made at any moment by mail :

Cofinluxe Customer Service: 6, Rue Anatole de la Forge 75017 PARIS France

Or by email at: dalihauteparfumerie@cofinluxe.fr

The User’s request shall be accompanied by a copy of his ID or passport, in order to ascertain his/her identity.

 

The User also benefits from the right to make any claim against the CNIL (Commission Nationale Informatique et Libertés – french commission for protection of personal data) about the collection and treatment of his personal data.

 

 

2.2.4 Cookies and Web Beacons

 

Subject to your own choice, the Website may use files called “cookies” and “web beacons” that facilitate browsing on the Website, record information related to Users’ Internet browsing on the Website and may be used for purposes of statistics to analyze and quantify the use of the Website.

 

A “cookie” is a file sent to your device via your browser. The term “cookie” covers all tracking technology laid or read, namely during the website’s visit, the reading of an e-mail, the installation or use of a software or a mobile application, whatever the medium used.

 

Links to social networks within the Website can allow to access or interact with some social networks (Facebook, Twitter, etc.) that might use “cookies” or “web beacons” on your device, via our Website. Cofinluxe company does not participate neither in the filing, nor in the reading of these “cookies” and/or “web beacon”, and does not collect and is not aware of the information collected via these cookies.

 

Our Website uses Google Analytics (Google Inc. service) in order to analyze the Users’ traffic on our Website, by placing “cookies” and/or “web beacons”.

 

Collected data regarding your use of the Website (included your IP address) are transmitted and stocked by Google Inc.  on servers located outside the European Union, in order to evaluate your use of the Website, to draw up reports on the Website’s activity and to provided services related to the Website’s activity. Google might communicate this data to third-parties in case of legal obligation or when these third-parties process this data on Google Inc.’s behalf, including namely the editor of such site. Google will not associate your IP address with any other data held by Google.

 

By using our Website, and in accordance with the consent given to Cofinluxe Company, the User expressly agrees to the treatment of his/her personal data by Google Inc. in the conditions and for the purpose described hereabove. Transfers of personal data towards Google Inc. are made in accordance with the Safe Harbor rules, in order to ensure protection of the transferred personal data.

In accordance with the CNIL (Commission Nationale Informatique et Libertés : French National Commission for Data Protection and Liberties)’s recommendations, “cookies” or “web beacons” deriving form Google Analytics’s service are disabled as long as Users have not given their consent (deemed to be given in case of further browsing on our Website).

 

The user may oppose the insertion of “cookies” by setting the parameters of his computer according to the information shown on the website of the CNIL http://www.cnil.frcookies section.

 

 

 

2.3 Hyperlinks

 

For information purposes, the Website may contain hyperlinks to other third party websites or Internet sources, whose information, content, advertising, products and services, which may change after the creation of hypertext links, are neither controlled nor monitored by Cofinluxe company and are published under the sole responsibility of the natural or legal persons responsible for such third party websites or Internet sources.

Users are responsible for consulting the legal information (Terms of Use, Legal Disclaimer etc.) appearing on the websites to which they may have access via the hyperlinks on the Website, before using them under their sole and full liability.

Unless prior written authorization from Cofinluxe company, Users are not permitted to display on their own website or on any other medium, a hyperlink to access the Website, or to insert a hyperlink on the Website directing Internet users to another website. More generally, any use of any element of the Website must first be authorized in written by Cofinluxe Company, which reserves the right to revoke this authorization at any time.

 

2.4 Security

Given the current state of knowledge, it is technically impossible to guarantee unfailing security of the data exchanged on Internet’s open network. Cofinluxe company has however taken all reasonable measures to ensure the greatest confidentiality to the personal data communicated by its Users and to protect the actions performed on the Website (antivirus, security audits, anti-intrusion tests, restricted access to the Website’s back office etc.) in order to prevent namely the robbery, use without consent, deformation etc. of the personal data. This personal data is only visible by entitled personnel, aware of questions of personal data protection.

 

In case of violation of personal data, Cofinluxe company will notify the CNIL (Commission Nationale Informatique et Libertés – french commission for protection of personal data) in the form and time provided for by the General Data Protection Regulation (GDPR) in force and the “Informatique et Libertés” law of January 6^th, 1978 in its latest version.

 

2.5 Liability

The User states he has full legal capacity to agree to the Terms of Use.

Access to the Website requires a personal computer and an Internet connection, which are not provided and for which the User is solely liable and responsible.

Interaction with Cofinluxe Company and its Customer Service (including postage) remains the sole responsibility of the User.

The User is solely responsible for maintaining his computer data (data, computer files, software etc.) and the protection of his computer equipment against attacks, viruses and computer intrusions, of whatever nature and it is for them to protect such equipment with software of his choice.

The User uses the Internet at his own risk and sole responsibility. He undertakes not to infringe the rights of other Internet users and to comply with the national and international laws and regulations governing the use of the Internet.

Although Cofinluxe Company strives to keep the Website accessible at all times and make every effort to preserve security, Cofinluxe Company offers no warranties to Users and assumes no responsibility concerning the following aspects, but not limited to them:

• The continued availability, operation and performance of the Website,
• The completeness of the information contained on the Website and the absence of errors or omissions,
• Any external intrusions of any kind, which may contaminate or damage the Users’ IT hardware or data,
• The browsing or use of the hyperlinks on the Website,
• Compliance with the legal or regulatory provisions and the accuracy or reliability of the information, communications, publications or any other content that may be provided, published or sent by Users, or shown on the pages accessible via hyperlinks on the Website.

The User authorizes Cofinluxe Company to suspend, reduce or deny at any time the use of the Website to any User not complying with the Terms of Use, without prejudice to any damages that Cofinluxe Company reserves the right to claim from the User for the damages it may have suffered.

To be taken into account by Cofinluxe company, any claim relating to the Terms of Use of the Website should be made within a maximum of 6 (six) months from the onset of the reason for the claim to the following address: Cofinluxe Customer Service – 6, rue Anatole de la Forge 75017 PARIS France and be accompanied by all evidence to justify the merits of the claim.

 

2.6 Intellectual Property

The Website and its materials are protected by intellectual property rights (copyright, neighbouring rights, trademark rights, design and model rights, patent rights, sui generis database rights) in accordance with French law and international conventions. The same holds also for, but is not limited to, creations, illustrations, images, photographs, graphics, videos, logos, brands, designs and models, brand names, domain names, texts, databases on the Website, and the Website tree structure and its layout.

The contents of the Website and the intellectual property rights attached thereto are owned by Cofinluxe Company, its contractors and partners and any use, dissemination, reproduction in whole or part of the contents of the Website without permission from Cofinluxe Company is strictly prohibited and punishable by civil and criminal penalties.

 

2.7 Background and Applicable Law

The Terms of Use of the Website may be updated regularly. Updated changes to the Terms of Use shall be applicable as and when they are first released online.

If any provision of the Terms of Use were to be invalidated by any Law, Regulation or a final decision of a competent court, the other provisions shall retain their full force and scope.

 

The Terms of Use are subject to French law, and any dispute regarding validity, interpretation or execution of the present Terms of Use shall be submitted to French Jurisdictions.

The consumer User acknowledges that he/she is perfectly informed of the possibility to refer to the consumer ombusdman, to use conventional mediation or any other alternative dispute resolution, with prior agreement of Cofinluxe company in the last two cases.

In accordance with Article L. 612-1 of the French Consumer Code, you can use the MEDICYS mediation service for free: electronically: conso.medicys.fr, or by post: MEDICYS – 73, Boulevard of Clichy 75009 Paris