- Date of last update of these general conditions of sale: 06/23/2023
- These constitute the general conditions of online sales carried out by the company LHC GROUP FZ LLC (as this company is identified in 3.1 below) via the site fitbysonia.com (together hereinafter the “Site”).
- The various parties involved in the creation and monitoring of the Site are as follows:
3.1 The Site is published and operated by the company LHC GROUP FZ LLC (hereinafter: the “Company” or “ LHC GROUP ” ).
The Company can be contacted using the following contact details:
Email address: email@example.com
3.2 Furthermore, it is stated that:
(i) the owner and creator of the Site is LHC GROUP FZ LLC;
(ii) the publisher of the Site is: LHC GROUP FZ LLC, represented by Anak Agung Rai Bintang Kartika
(iii) the publication manager is: Anak Agung Rai Bintang Kartika firstname.lastname@example.org, the publication manager being a natural person;
(iv) the Webmaster is: Kevin Lebre – email@example.com
(v) the Host is: Shopify Inc whose head office is located at 126 York St. Ottawa, ON K1N 5T5, in Canada.
Article 1: object
These general conditions of sale apply without restriction or reservation to all online sales offered by the company LHC GROUP FZ LLC on the site.
The company LHC GROUP FZ LLC offers for sale to buyers (hereinafter: the “ Buyer”) the Products as identified in article 2 below, the Products being to date ebooks relating to sport and nutrition (hereinafter after: the “Ebooks” and, individually an “Ebook”).
The purpose of these general conditions is to define the conditions and terms of sale of the Products and, more precisely, to define the conditions and terms of the sale and downloading of Ebooks, as well as to define the rights and obligations of the parties in this context. . These general conditions are accessible and printable at any time via a direct and permanent link on the Site.
These general conditions of sale prevail over all other general or specific conditions, in particular purchasing conditions, not expressly approved by the Company. They may be supplemented, where appropriate, by conditions of sale or use specific to certain Products or services, which then supplement these general conditions of sale and, in the event of contradiction, prevail over the general conditions of sale.
Article 2 Product Identification
- “Product” means all the products that the Buyer can acquire via the Site.
2.2 To date, the Products are as follows:
- ebooks relating to sport and nutrition (the “Ebooks”)
2.2.1 Characteristics of Ebooks:
The photographs, representations and descriptions of the Products that are the Ebooks on the Site are as accurate as possible. These only bind the Company for what is precisely indicated.
The advice in the guides and/or Ebooks is not intended to address nutritional deficiencies, allergies or other diet-related health problems.
Contact us at firstname.lastname@example.org before purchasing a Product if you are unsure whether the Product is appropriate for your needs and/or dietary requirements.
2.2.2 Characteristics common to the Products
It is specified that no particular result is attached to the purchase of a Product purchased on the Site.
The advice in the books and/or Ebooks constitutes only general guidelines to follow.
- The Company may, at any time, add or remove Products for sale on the Site.
2.4 The Products are offered for sale to the following countries: worldwide with regard to Ebooks which are the subject of a download and, in the event of sale
Article 3: Price of Products
3.1 The prices of the Products are indicated on the Site, in euros, all taxes included, excluding delivery costs, it being specified that, in the event of delivery costs, these costs are also indicated on the Site, in euros, all taxes included.
3.2 In the event of an order to a country other than mainland France, customs duties or other taxes or duties may be payable to the Buyer and would then be the responsibility of the Buyer and would then be the sole responsibility of the Buyer.
3.3 The prices of the Products may be modified at any time, however, it being specified that the products are invoiced on the basis of the prices in force at the time of the Buyer's order.
3.4 The Products remain the property of the Company until full payment of the price.
Article 4: Payment terms
The full price of the Products and applicable delivery charges are due when ordering.
Their payment can be made online via the following means:
- by credit card (Stripe);
- or by any other means that will be offered on the Site at the time of the order.
The Buyer guarantees to the Company that he has the necessary authorizations to use the chosen payment method.
The Company reserves the right to suspend or cancel any order and/or download, in the event of non-payment of any sum due by the Buyer, in the event of a payment incident, or in the event of fraud or attempted fraud.
Penalties of an amount equal to one and a half times (1.5 times) the French legal interest rate are automatically applicable to unpaid amounts upon notification of bank payment rejection.
Article 5: Order
5.1 Placing the Order
Orders are placed via the Site.
The Buyer declares to have read and accepted these general conditions of sale before placing his order. The validation of his order by the Buyer therefore constitutes acceptance by him of these General Conditions of Sale.
The Buyer declares, prior to his order, that he has full legal capacity, allowing him to commit to these general conditions of sale. Its acceptance of these is materialized by a check box in the order form. This acceptance can only be full and complete. Any acceptance under reservation is considered null and void. The Buyer who does not agree to be bound by these general conditions must not place orders on the Site.
The Buyer can access the summary of his basket at any time as long as the order is not definitively validated and can correct any errors in the elements entered.
As part of their order, the Buyer is asked to provide their contact details. He must complete all the fields marked as mandatory in the form provided for this purpose. Orders that do not include all of the required information cannot be validated.
The Buyer guarantees that all the information he gives in the order form is accurate, up-to-date and truthful and is not tainted by any misleading character.
The Buyer is informed and accepts that this information constitutes proof of his identity and binds him as soon as it is validated.
With regard to Ebooks, the Buyer is informed that, following placing his order, he will be responsible for downloading the Ebook subject to his order.
In the event of technical difficulties relating to this download, the Buyer may contact email@example.com (or the Company, at the contact details identified in article 9 below) in order to obtain assistance enabling them to carry out the download.
Likewise, in the event that the Buyer is not redirected to the Site after his purchase or does not receive a confirmation e-mail with a link concerning the Product subject to his purchase, then the Buyer can immediately contact the Company (as indicated in the previous paragraph) with the transaction details, and the email address used for payment, so that the Company can reestablish the situation with the details of this Product and the link to download as soon as possible.
5.2 Account creation
At the end of his order, the Buyer is offered the possibility of creating an account via a third-party account or by entering a password (hereinafter: the “ Account ”), which allows him to the Buyer, during his subsequent orders on the Site, to access a pre-filled order form with the contact details he has provided.
The Buyer undertakes to update this information in the event of modifications (in particular: change of address).
The Buyer is responsible for maintaining the confidentiality of his password. He must immediately contact the Company using the contact details mentioned in Article 9 hereof if he notices that his Account has been used without his knowledge. It recognizes the Company's right to take all appropriate measures in such a case.
5.3 Order confirmation
At the end of his order, the Buyer receives confirmation by email.
The Buyer must ensure that the contact details he provided when ordering or updating his Account are correct and that they allow him to receive the order confirmation email. If this is not received, the Buyer must contact the Company using the contact details mentioned in Article 9.
The Company recommends that the Buyer keep the information contained in the order confirmation.
The order and its confirmation are considered received when the parties to whom they are addressed can have access to them.
In the event of Product unavailability after placing your order, the User is informed by e-mail. The User's order is then automatically canceled and no debit is then made or the debit is recredited.
Article 6: Delivery
Concerning Products other than Ebooks (which are subject to downloading) which are purchased online via the Site, the following clauses apply.
6.1 The Products are delivered to the delivery address indicated by the Buyer during the order process, within the time indicated on the order validation page, the delivery time not being able, in any event, to exceed 30 (thirty) days from the order.
The delivery time corresponds to:
- to the shipping time indicated on the Item sheet to which is added
- processing and delivery time.
6.2 In the event of delay in delivery of the Product, an email is sent to the Purchaser to inform them.
In such a case, in accordance with the legal provisions in force, the Buyer may request the cancellation of his purchase under the conditions and terms defined in Article L 216-2 of the Consumer Code, it being specified that if the Buyer has received the Product after its cancellation, the Product and delivery costs will be reimbursed, in accordance with the provisions of article L 216-3 of the Consumer Code.
6.3 The Purchaser must inform the Company and, where applicable, the carrier of any reservations concerning the Product delivered to it.
Article 7 - Right of withdrawal
7.1 No right of withdrawal for Products such as Ebooks
Each Ebook is downloaded by the Buyer following their order for the Ebook, so that the Ebook constitutes digital content independent of any material support.
Consequently, Ebooks fall within the scope of the provisions of article L 121-21-8, 13° of the Consumer Code, which provides that the right of withdrawal does not apply to contracts for the supply of a digital content not provided on a physical medium whose execution has begun after prior agreement of the consumer and express waiver of his right of withdrawal.
Also, as part of his order, prior to the purchase of any Ebook, the Buyer:
- gives express prior agreement to the provision by the Company to him of digital content independent of any material support;
- gives its prior and express agreement for the execution of the contract for the purchase of the Ebook by itself before the end of the withdrawal period (which is 14 (fourteen) days);
- thus renounces the exercise of his right of withdrawal in respect of the purchase by him of the Ebook;
- declares that it is informed of the aforementioned legal provisions taken from article L 121-21-8, 13° of the Consumer Code and accepts that it has no right of withdrawal regarding the order of the Ebooks;
7.2 Option of withdrawal for Products other than Ebooks
Concerning Products other than Ebooks which are marketed by the Company and purchased online via the Site, the following clauses allowing a right of withdrawal apply.
7.2.1 Principle of the right of withdrawal
In accordance with the legal provisions in force (L 221-18 et seq. of the Consumer Code), concerning Products other than Ebooks, the Buyer has a period of 14 (fourteen) days from receipt of the Product to exercise your right of withdrawal without having to provide reasons or pay a penalty.
Then, after communication of his decision to exercise his right of withdrawal within this period of 14 (fourteen) days, the Buyer has another period of 14 (fourteen) days to return the Product(s) subject to his withdrawal.
7.2.2. Conditions for exercising the right of withdrawal
If the right of withdrawal is exercised within the period identified above, only the price of the Product(s) purchased and the shipping costs will be refunded, the return costs remaining the responsibility of the Buyer.
The Products must be returned in their original and complete condition allowing them to be remarketed in new condition and must be accompanied by the purchase invoice. The Buyer is responsible for the depreciation of the value of the Product resulting from manipulations (other than those necessary to establish the nature, characteristics and proper functioning of this product).
The Buyer may exercise his right of withdrawal by any means with the Company (for example by postal mail or e-mail) expressing his desire to withdraw and mentioning the order concerned by his withdrawal.
The withdrawal form that can be used by the Buyer is as follows:
I hereby notify you of the exercise of my right of withdrawal from the contract relating to the purchase by me of the Product below, concerning the order below:
Product identification : ……………………………….
Date of the order ……………………………………..
Date of receipt of the order ………………………..
Order references: ………………………………
Name of Buyer:……………………………………………………..
Buyer's Address: ………………………………………………………………………..
Signature of the Buyer (only in case of notification of this form on paper):……………………………..
Date : ………………………………………………………………..
This withdrawal by the Buyer must be notified to the following e-mail address: firstname.lastname@example.org.
In the event of exercising the right of withdrawal under the aforementioned conditions, the Company will reimburse the sums paid by the Buyer, including delivery costs, at the latest within 14 (fourteen) days from the date at which the Company is informed of the Buyer's decision to withdraw. The refund date may be deferred until recovery of the Product or until the Buyer provides proof of shipment of the Product. The Company is not required to reimburse the Buyer for any additional costs if the Buyer has chosen a more expensive delivery method than the standard delivery method. Cash on delivery returns are not accepted.
7.2.3 Exceptions to the right of withdrawal
The right of withdrawal identified above is not valid in the cases referred to in article L 121-21-8 of the Consumer Code, in particular in 5° of this article providing for an absence of right of withdrawal concerning the products which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.
Article 8: Legal guarantees
8.1 In accordance with the legal provisions in force, the Company is liable for defects of conformity appearing on all Products for a period of 2 (two) years from its purchase.
It is recalled that within the framework of the legal guarantee of conformity, the Buyer (i) benefits from a period of 2 (two) years from delivery of the good to act vis-à-vis its seller (ii ) can choose between repair or replacement of the good, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code (iii) is exempt from providing proof of the existence of the lack of conformity good during this period.
It is recalled that the Buyer may decide to implement the guarantee against hidden defects in the item sold within the meaning of article 1641 of the civil code and that, in this case, he may choose between canceling the sale or a reduction in the sale price in accordance with article 1644 of the Civil Code.
This guarantee thus allows the Buyer to obtain the repair of his Product or its exchange free of charge, subject to the cost conditions provided for by law. Failing this, if the repair or exchange is impossible or cannot be carried out within the month following its acceptance, the Company will reimburse the Buyer for the price of their product.
For the purposes of implementing this guarantee, the Products must be returned in the condition in which the Buyer received them, accompanied by a copy of the purchase invoice for the Product concerned. Products returned by post must be in packaging allowing transport in good conditions. In this case the costs of returning the Product will be reimbursed to the Buyer on the basis of the price invoiced and upon presentation of supporting documents.
The Buyer may also implement the guarantee against hidden defects within two years from the discovery of the defect. It is then up to the Buyer to prove in particular that the defect existed at the time of purchase, that it was hidden and that it renders the Product unusable. The provisions of this article do not prevent the Buyer from benefiting from the right of withdrawal provided for in article 7.1 above.
8.2 For proper information of the Buyer, under the terms of these general conditions of sale, the Buyer is informed of the following legal provisions:
Article L. 217-4 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 defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility.
Article L. 217-5 Consumer Code: “The good complies with the contract:
1° If it is suitable for the use usually expected of similar goods and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
- if it presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L217-12 Consumer Code: “The action resulting from the lack of conformity is prescribed two years from the delivery of the good”.
Article L. 217-16 Consumer Code: “When the buyer requests from the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a restitution condition covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run.
This period runs from the buyer's request for intervention or the making available for repair of the good in question, if this making available is subsequent to the request for intervention.
Article 1641 Civil Code: “The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have it acquired, or would have given only a lower price, if he had known them.
Article 1648 paragraph 1 Civil Code: “The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect”.
Article 9: Customer service
For any information or questions, the Company's customer service can be reached by e-mail at this address: email@example.com.
Article 10: Liability
10.1 The Company undertakes to regularly carry out checks to verify the operation and accessibility of the Site. As such, the Company reserves the right to temporarily interrupt access to the Site for maintenance reasons. Likewise, the Company cannot be held responsible for temporary difficulties or impossibilities in accessing the Site which may be due to circumstances external to it, force majeure, or which may be due to disruptions in telecommunications networks.
The connection of any person to the Site is done under their entire responsibility. It is up to the Buyer to take all appropriate measures to protect their own data and/or software stored on their computer equipment against any attack.
10.2 The Company does not provide the Buyer with any guarantee as to the suitability of the Ebooks and Products to their needs, expectations or constraints.
10.3 The Company does not guarantee any results or effects from the use of the Ebooks and Products.
Article 11: Intellectual Property
The Products as well as the systems, software, structures, infrastructures, databases and content of all kinds (texts, images, visuals, music, logos, brands, database, etc.) operated by the Company within the Site and /or under the Site are protected by all intellectual property rights of the Company and/or all rights of database producers in force which the Company holds. Any disassembly, decompilation, decryption, extraction, reuse, copying and more generally, any acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of the Company are strictly prohibited. and may be subject to legal proceedings.
Article 12: Prohibited behavior
12.1 The following are strictly prohibited: (i) any behavior likely to interrupt, suspend, slow down or prevent the proper functioning of the Site, (ii) any intrusions or attempted intrusions into the Company's systems, (iii) any misappropriation of resources system of the Site, (iv) any actions likely to impose a disproportionate load on the infrastructures of the latter, (v) all attacks on security and authentication measures, (vi) all acts likely to infringe the rights and financial, commercial or moral interests of the Company or users of its Site, (vii) any practice diverting the Site for purposes other than those for which it was designed and finally more generally (viii) any breach of these general conditions or to the laws and regulations in force.
12.2 It is also strictly prohibited to monetize, sell or grant all or part of access to the Site, as well as to the information it contains.
12.3 In the event of failure to comply with any of the provisions of this article or more generally, violations of laws and regulations, the Company reserves the right to take all appropriate measures and initiate any legal action.
Article 13: Processing of complaints - Mediation
13.1 Concerning all complaints, the Buyer can contact customer service using the contact details identified in Article 9 above.
13.2 In the event of a dispute between the professional and the consumer, the latter will endeavor to find an amicable solution.
In the absence of an amicable agreement, the consumer has the possibility of contacting the consumer mediator to whom the professional reports, namely the Association of European Mediators (AME CONSO), free of charge, within one year of the complaint. written addressed to the professional.
The referral to the consumer mediator must be made:
- either by completing the form provided for this purpose on the AME CONSO website: www.mediationconso-ame.com ;
- or by mail addressed to AME CONSO, 11 Place Dauphine – 75001 PARIS.
13.3 Online Dispute Resolution Platform: 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 settlement of disputes by extrajudicial means. online disputes between consumers and professionals in the European Union.
This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/
Article 14 - Personal data
As part of the order by the Buyer, via the Site (website accessible at fitbysonia.com with regard to the online store, together hereinafter the “Site”), products from the company LHC GROUP FZ LLC (namely the “Ebook” (books in electronic format relating to sport and nutrition) (hereinafter the “Products)”) and/or as part of the use of the Site by the user (the user of the Site and the Buyer being, under the terms of these stipulations relating to personal data, hereinafter referred to as the “Buyer”), the Buyer, after his consent has been obtained for this purpose, and in compliance with the stipulations below, sees its personal data collected by the company LHC GROUP FZ LLC.
Personal data subject to collection
These personal data can only be communicated to the company LHC GROUP FZ LLC by the Buyers concerned by the said personal data and each Buyer undertakes not to communicate the personal data of another person and/or data to personal character which does not concern him.
Legal information for the Buyer
The purpose of these presents is in particular to give the Buyer the required legal information, which information is as follows (the said information also being notified to the Buyer before his personal data is collected, and this separately from all other information, in accordance with the provisions in force):
a)Identity and contact details of the person responsible for processing personal data (hereinafter the “processing”)
The identity and contact details of the person responsible for processing personal data are as follows: LHC GROUP FZ LLC
b) Contact details of the data protection officer
The contact details of the data protection officer are as follows: Fitbysoniadonnees@gmail.com
c) Purposes of processing
The purposes of the processing for which personal data are intended are the following: (i) identification of persons ordering Products via the Site and/or using services or services via the Site (the Buyer is in particular informed in this respect that his first names and email addresses are integrated into the Ebooks he purchases, in the form of a banner affixed to the pages of his Ebook) (ii) production and/or delivery by the company LHC GROUP FZ LLC of the Products and/or services or services used and/or ordered by the Buyer (iii) administration of the services and/or Products and/or services ordered and/or used by the Buyer (iv) prospecting and/or sending of information to Buyers.
d)Legal basis for processing
The legal basis for the processing is as follows: (i) the processing is based on the consent of the Buyer wishing to order Products via the Site and/or use services and/or services via the Site (ii) the processing is necessary to the execution of the contractual relationship that the Buyer wishes to establish with the company LHC GROUP FZ LLC by ordering Products and/or using services and/or services accessible via the Site, said personal data being necessary for the performance of the services and/or services ordered by the Buyer and/or for the delivery of the products. Products (iii) the processing is also necessary to protect the legitimate interests of the company LHC GROUP FZ LLC by allowing it to retain proof of transactions with the Buyer and/or, where applicable, proceed with recovery (iv) the processing being administered in accordance with the provisions of Law No. 78-17 of January 6, 1978 and EU Regulation 2016/ 679 of April 27, 2016 (GDPR) and other legal provisions in force (hereinafter the “Regulation in force”).
e)Recipients of personal data
The recipients of personal data are: staff of the company LHC GROUP FZ LLC in charge of carrying out and/or administering the services and/or services ordered via the Site, delivery by the company LHC GROUP FZ LLC Products and/or and, where applicable, the subcontractors of the company LHC GROUP FZ LLC participating in the carrying out of these missions and being required to intervene in this capacity on the processing (only when necessary), it being then specified that in such cases this is carried out in compliance with the Regulations in force applicable to subcontractors .
f)Transfer of personal data
The Buyer is informed that the data controller may, where applicable, transfer his or her personal data to a third country or to an international organization subject to an adequacy decision issued by the European Commission. it being specified that, in the presence of a transfer to a country or an international organization not subject to an adequacy decision, then this can only be carried out on the condition that the appropriate guarantees are put in place and that the Buyers concerned have enforceable rights and effective remedies, under the conditions of the Regulations in force.
(g) Duration of retention of personal data
The retention period of personal data is as follows: the personal data being necessary for the realization, administration and/or delivery of services and/or orders for Products carried out via the Site, the personal data of the Buyer are kept (i) as long as the Buyer is likely to be able to place orders, that is to say as long as the Buyer has not expressed his intention to no longer be a customer of the company LHC GROUP FZ LLC or to no longer have their personal data stored, via a request made by them to the following address: firstname.lastname@example.org fr (in accordance with the stipulations below) (ii) within the limit, however, of a duration of 3 (three) years from the last order for Products made by the Buyer via the Site, date under which the Buyer's personal data is no longer kept.
(h) Buyer's rights which may be exercised with the data controller (as identified above)
The present document also aims to inform the Buyer of the existence of his right to ask the data controller (as identified above):
- access to personal data as well as any available information regarding their source;
- the rectification or erasure thereof;
- a limitation of the processing of personal data;
- the Buyer's opposition to the processing of his personal data;
- the Buyer's opposition at any time to the processing of his personal data for prospecting purposes, including profiling;
- the portability of their personal data under the conditions of the Regulations in force which provide in particular that the persons concerned by the processing of personal data have the right to receive the personal data concerning them which they have provided to a data controller, in a structured, commonly used and machine-readable format, and have the right to transmit these data to another data controller without the controller to whom the personal data have been communicated obstructing this, when: (i) the processing is based on consent in application of the Regulations in force, or on a contract in application of the Regulations in force and (ii) when the processing is carried out using automated processes, it being specified that when the data subject exercises his or her right to portability of his or her personal data, he or she has the right to have his or her personal data transmitted directly from one controller to another, where technically possible;
- The withdrawal by the Buyer, at any time, of his consent to the processing of his personal data (without affecting the lawfulness of the processing based on the consent given before its withdrawal);
The exercise by the Buyer of his rights as identified in this (h) is carried out by means of a request made by him and addressed to the following address: email@example.com.
Where necessary, it is stipulated that the exercise by the Buyer of his right to erasure of his personal data and/or the exercise of his right to object to the processing of his data personal character and/or the exercise of his right to limitation of the processing of his personal data and/or his right to withdraw his consent at any time to the processing of his personal data (in accordance with the aforementioned stipulations) leads not to make it possible to deliver the Products and, more generally, not to make it possible to carry out the services and/or services ordered and/or used via the Site, so that, in such cases (i) from the date of exercise by the Buyer of said rights, he will no longer be able to access the services and benefits delivered by the company LHC GROUP FZ LLC via the Site (ii) if these rights are exercised at the time of ordering services and/or Products, then said order cannot be carried out by the Buyer.
i)Complaint to the CNIL
The Buyer is informed of the right to lodge a complaint with the supervisory authority which is the Commission Nationale de L'Informatique et des Libertés (CNIL): 3 Place de Fontenoy - TSA 80715 - 75334 Paris 07.
j)Information on the contractual nature of the provision of personal data
For the purpose of providing the Buyer with information on the question of whether the requirement to provide personal data is of a regulatory or contractual nature or whether it conditions the conclusion of a contract and whether the person concerned is required to provide personal data, as well as the possible consequences of non-provision of these data, the following information is brought to the attention of the Buyer: (i) the request for the provision of personal data has a contractual nature (as part of the relationship that the Buyer wishes to establish with LHC GROUP FZ LLC by placing an order for Products) (ii) the provision of this data, in that it is necessary for the performance of the services and/or services ordered via the Site and/or for the delivery of the Products, conditions the conclusion of this contractual relationship (iii) as such the Buyer is required to communicate his personal data if he wishes to order Products via the Site (iv) failure to provide this personal data does not allow Products to be ordered and/or benefits and/or services from the company LHC GROUP FZ LLC.
k)Automated decision making
It is indicated that automated decision-making within the meaning of the Regulations in force is not carried out using the personal data collected.
l)Possible further processing of personal data
In the event that further processing of personal data is carried out for purposes other than those for which the personal data were collected and as identified above, the data controller (identified above) will first provide the data subject with information about this other purpose and any other legally relevant information required.
Age of person who can provide personal data
The collection of personal data can only concern people aged at least 15 years, and the personal data being, as indicated above, necessary for the realization and administration of the services and/or the delivery of the services. Products, people under 15 (fifteen) years of age can only give their consent to the collection of their personal data (and consequently access the services and/or services deployed via the Site) on the condition of being authorized by the holder of parental responsibility concerning them so that, by requesting services and/or ordering Products and/or by communicating to the company LHC GROUP FZ LLC personal data, the Buyers declare and guarantee to the company LHC GROUP FZ LLC that they are (i) either aged at least 15 years (ii) or that they are authorized by the holder of parental responsibility concerning them. This stipulation is without prejudice to the commitment made by the Buyer to the company LHC GROUP FZ LLC according to which he declares and guarantees to the company LHC GROUP FZ LLC that he has the legal and legal capacity to purchase the Products via the Site and/or to use the services and/or benefits of the company LHC GROUP FZ LLC delivered via the Site and, where applicable, to pay for said Products and/or services.
Article 15: Modifications hereof
These terms may be subject to updating. As such, the Buyer is invited to read the latest version hereof, accessible on the Site, particularly in the legal notices.
Article 16: Advertising
The Company reserves the right to insert on any page of the Site any advertising or promotional messages in a form and under conditions of which the Company will be the sole judge.
Article 17: Links and third party sites
The Company cannot under any circumstances be held responsible for the technical availability of websites or mobile applications operated by third parties (including its possible partners) which the Buyer accesses via the Site.
The Company assumes no responsibility for the content, advertising, products and/or services available on such third-party sites and mobile applications, which are governed by their own conditions of use.
The Company is also not responsible for transactions between the Buyer and any advertiser, professional or merchant (including any partners) to whom the Buyer is directed through the Site and cannot under any circumstances be party to any possible disputes whatsoever with these third parties concerning in particular the delivery of products and/or services, the guarantees, declarations and other obligations whatsoever to which these third parties are bound.
Article 18: Modifications
The Company reserves the right to modify these general conditions of sale at any time. In this case, the applicable conditions will be those in force on the date of validation of the order by the Buyer.
Article 19: Language
The language hereof is French.
In the event of a translation of these general conditions into one or more other languages, the language of interpretation will be French in the event of contradiction or dispute over the meaning of a term or provision.
Article 20: Applicable law and jurisdiction
These general conditions of sale are governed by French law.
Likewise, all orders made via the Site and/or any purchase or sale contract made by the Buyer via the Site are subject to French law.
In the event of a dispute over the validity, interpretation and/or execution of these general conditions of sale, as well as in the event of a dispute concerning any orders made via the Site and/or any purchase or sale contract carried out by the Buyer via the Site, the French courts will have sole jurisdiction.
Article 21: Entry into force
These general conditions come into force on June 23, 2023