PRÉAMBULE
The purpose of these general conditions is to define the conditions under which the Internet user may use the product reservation service offered on the Website, as defined below, provided and operated by the company Close To Me / SoCloz on behalf of the Besson brand (hereinafter referred to as the Service). These conditions are concluded exclusively between the company SoCloz / Close To Me, hereinafter referred to as "SoCloz", and any person of legal age having the status of a private individual making a reservation, hereinafter referred to as the "Internet User" and collectively referred to as "the parties". The parties agree that their relationship will be governed exclusively by these general booking conditions which are accessible on this website. These conditions may be subject to change. It is therefore understood that the applicable conditions are those in force on the website at the time of the reservation. Finally, the present general booking conditions define the booking procedures. Any Internet user accessing the Service irrevocably undertakes to read and accept these general conditions. Any use of the Site and the Service implies acceptance and compliance with all the terms of these general conditions and their unconditional acceptance. They therefore constitute a contract between the Internet User and SoCloz / Close To Me. If the Internet User does not wish to accept all or part of these general terms and conditions, he or she is asked to refrain from using the Service. The Internet User is expressly informed that the only version of these General Terms and Conditions that is valid is the one that is online on the Site, which he or she acknowledges and expressly accepts, undertaking to refer to it systematically each time he or she connects.
It is understood that these General Terms of Use (GTU) of the Close To Me / Socloz services cannot be considered by either party as General Terms of Sale (GTS). In the event of a purchase, the general terms and conditions of sale (GTC) that apply are those in force in the shop or on the e-commerce site where the purchase takes place.
DEFINITIONS :
- Internet user or Client: refers to any person who connects to the Site and uses the Service;
- Website or the Site: refers to the website published by Besson whose URL address is http://www.besson-chaussures.com/ and to which the Internet User has access.
- Service: refers to the reservation service that is the subject of these general conditions.
ARTICLE 1: RESERVATION SHOP
ARTICLE 2: AVAILABILITY OF PRODUCTS
ARTICLE 3: RESERVATION TERMS AND CONDITIONS
ARTICLE 4: RESPONSIBILITIES
ARTICLE 5: GUARANTEES
ARTICLE 6: PROTECTION OF PERSONAL DATA
ARTICLE 7: APPLICABLE LAW
ARTICLE 8: INTELLECTUAL PROPERTY
ARTICLE 1: SHOP RESERVATION
The reservation of the product in the shop selected by the Customer does not imply the online payment of the Internet user. Payment shall be made in the shop, when the reserved goods are collected, by the means of payment requested by the Customer, in force in the shop where the goods are received.
From the moment the Internet user wishes to reserve a product, the reservation is made in several stages:
- the Site offers the Internet User a list of shops that have the selected product in stock. The Internet User selects the desired shop;
- the Internet user fills in his or her reservation basket;
- The Internet user provides the following information: title, surname, first name, telephone number, e-mail address; The Internet user certifies that the information he/she has provided is personal, reliable, true and up to date. In particular, he/she undertakes not to provide false and/or incomplete information concerning his/her identity and contact details,
- The Internet user receives an SMS and an e-mail from the shop he/she has selected to acknowledge receipt of his/her reservation;
- the Internet User then receives from the shop, within a period of time specified during the reservation process, after having submitted his/her reservation request, an SMS and an e-mail confirming his/her reservation, confirming in particular the availability of the product(s) reserved as well as the deadline for collecting the product(s) from the shop.
The final validation of the reservation by the Internet user is proof of the reservation.
The reservation does not imply any obligation to purchase, but only an obligation to present the product in the shop on the part of the Internet user (or to cancel before the expiry of the period during which the product is reserved for the customer).
The prices displayed on the Site are indicated in euros and include all charges applicable in Metropolitan France. VAT is applied at the rate in force at the time of the order. Any change in the VAT rate will be applied immediately to the current reservation. The prices indicated on each item sheet are those in force on the Site, these prices may therefore vary according to the commercial policy of each shop.
However, the price to be paid will be the one mentioned during the booking process on the Site and in the e-mails received after confirmation from the shop. If the Internet user benefits from a promotional code applicable to the articles, the discount will be applied in shop at the time of payment (except for promotional codes valid only on http://www.besson-chaussures.com/).
Payment methods are those in force in Besson shops.
Close To Me / SoCloz reserves the right to refuse to process a reservation request if the Internet user's details are not analysed as being reliable (e.g. postcode error), if there is a previous or current dispute over payment, or if the reservation concerns more than 5 (five) items reserved simultaneously.
In the absence of proof to the contrary, Besson's computer records, kept in secure conditions, shall constitute proof of all transactions between SoCloz / Close To Me and the Internet User in the context of the Service. In accordance with the regulations, SoCloz / Close To Me and Besson shall archive the reservation requests on a reliable medium. The Internet User may access this archive by contacting the brand's customer relations centre or the Close To Me / SoCloz customer relations centre on 01 83 62 70 76, or at reclamation@closetome.fr. The Internet User is advised to keep the e-mail and text message used to validate his/her reservation.
ARTICLE 2: AVAILABILITY OF PRODUCTS
Product and price offers are valid as long as they are visible on the Site, except for special operations whose validity period is specified on the Site.
The Internet user is invited to consult the availability of the items sold in the shop during the first stages of the reservation process. The availability of products in stock shows the stocks of each shop appearing in a list proposed by the service. The Internet user chooses one of these shops to reserve the product. The date and time of the last update of the stock status are indicated directly in the SoCloz / Close To Me module, during the "Check availability in shop" stage.
However, it is understood that this availability is given as an indication, as the products may be sold between the time when the Internet user finalises a reservation request and the validation of this reservation by the shop. In the event of a reservation of several products, if one of the products is unavailable, the shop will proceed with the reservation of all the available products.
If he/she so wishes, the Internet user may also opt to cancel his/her reservation concerning the unavailable products or to cancel his/her reservation completely, provided that he/she informs the shop in charge of the reservation beforehand (by clicking on the "cancel" button in the e-mails received, or by using the telephone number indicated in the reservation confirmation e-mail).
ARTICLE 3: BOOKING ARRANGEMENTS
The products can only be reserved in the shops of the brand presented in the Service.
Reservations are free of charge and there is no obligation to buy in a shop.
The Internet user may reserve a maximum of :
- 2 product(s) at the same time.
- 1 quantity of the same product
However, he/she may not reserve the same article in the same size and colour simultaneously, either in a single shop or in several shops.
The opening hours can be consulted on the site for information purposes.
The shop undertakes, as from the reservation request made by the Internet user on the Site, to take into account his/her request within the time period indicated during the reservation process and according to the opening hours and days of the shop (excluding periods of non-working public holidays).
This consideration will be the subject of the sending of an email and a text message confirming the reservation in part or in full by the shop, depending on the availability of the products. The response time to the reservation request is given as an indication and is in no way contractual. In this respect, the Internet user acknowledges that this deadline may not be met (in addition to the above cases), in particular in the event of a problem with the reservation made by the Internet user, preventing the shop from taking it into account.
Upon receipt of the confirmation email and text message sent by the shop, the products will be reserved for the period previously mentioned to the Internet user during the reservation process. The date and time limit for collecting the reservation will also be specified in this email and the sms sent. The Internet User will then be able to collect the products from the shop selected at the time of booking on the Site, within the opening hours of this shop.
As the reservation is free of charge and there is no obligation to purchase in the shop, the Internet User is free not to proceed with the purchase of the reserved products if they do not suit him/her once he/she has visited the shop. Furthermore, the Internet User is free to cancel his/her reservation upon receipt of the email confirming his/her reservation request, by clicking on the "Cancel my reservation" button.
If the Internet user cancels the reservation, the sales team of the shop in question will put the goods back on sale on the shelves.
ARTICLE 4: RESPONSIBILITIES
Close To Me / SoCloz may not be held liable in the event of failure to fulfil one of its contractual obligations due to an act of God (computer or technical problems, etc.) or a case of force majeure as defined by French jurisprudence. Under no circumstances can Besson or Close To Me / SoCloz be held liable for loss of profit, commercial loss, loss of data or loss of earnings or any other indirect damage or damage that could not have been foreseen, particularly at the time of using the site or making a reservation request by the Internet user. Finally, Close To Me / SoCloz shall not be held liable for any damage inherent in the use of the Internet network (interruption, virus, etc.).
ARTICLE 5: COMMITMENTS OF THE USER
It is expressly recalled that the SoCloz reservation system does not imply any obligation to purchase on the part of the Internet user.
However, following confirmation of the reservation by the shop via an e-mail and a text message, the Internet user is obliged to go to the shop and to report to a salesperson in the shop or, failing that, to cancel the reservation before the reservation deadline expires.
Consequently, aware that the reservation of his or her product(s) by the company implies the immobilisation of the stock during the period granted to the Internet user, the latter undertakes to go to the shop or, alternatively, to cancel his or her reservation purely and simply within the reservation period.
If the Internet user fails to cancel his reservation, his failure to appear in the shop may constitute a breach of these contractual provisions.
ARTICLE 6: PROTECTION OF PERSONAL DATA
Recipients of the data
Personal information is exclusively intended for and kept by Socloz / Close To Me and Besson.
- Definition: Personal Data is any information relating to a natural person, or a natural person visiting the Site, allowing directly or indirectly his identification.
- Socloz collects on behalf of the Company, the Data of individuals over 15 years old and reserves the right to immediately delete any customer account and / or cancel any pending application if it turns out that the person concerned was under 15 years old.
When creating a request (for example, a reservation request), Close To Me / Socloz collects the following Data in particular:
- Last name
- First name
- Email address
- Mobile phone number
- Acceptance of these Terms and Conditions (mandatory)
- Acceptance to receive communications from the Brand (optional)
All personal information collected from the Internet user is necessary to process the request made by the Internet user, which is the subject of these general terms and conditions. If the Internet User fails to provide this information, Close To Me / SoCloz will be unable to process the request.
The technical data collected automatically (cookies, etc.) will be used for technical and statistical purposes in the administration of the Site. In the event of registration on the Site, the data recorded may be used to enable the Company to communicate various information to the Internet user, particularly commercial information (newsletters, etc.). The sending of direct marketing e-mails and/or SMS is subject to the prior consent of the Internet user.
Furthermore, the Internet User is informed that the data processing carried out by SoCloz / Close To Me is consolidated and common to the various brands using the Socloz / Close To Me services. SoCloz / Close To Me may therefore be required to reconcile the personal data provided by the Internet User to SoCloz / Close To Me during transactions in the different brands using the SoCloz / Close To Me service.
The purpose of these reconciliations is to qualify and quantify the behaviour of the Internet user, through his or her recurrent visits to the shop following a reservation request.
In addition, the Internet user is informed that in the event of a breach of the commitments set out in article 6 above, his or her personal data may be subject to specific processing related to user incidents. The user incident processing file is also a common data file between all the brands and stores using the SoCloz / Close To Me reservation system. As a result, the user who has not respected the commitments mentioned in article 5 may be refused the use of SoCloz reservation services for (i) a limited period of 2 weeks for the first incident and then 1 month for the second incident and (ii) in all the brands using SoCloz services.
Close To Me / SoCloz undertakes to protect the personal data concerning the Internet user. In accordance with the French Data Protection Act of 6 January 1978, as amended, and Regulation No. 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data. In addition, the processing of this personal information has been the subject of a declaration by the company Socloz to the Commission Nationale de l'Informatique et des Libertés (CNIL).
The Internet user has the right to access, modify and delete data concerning him/her by sending a letter to Socloz [support@socloz.com and/or 36 rue de l'Arcade, 75008 Paris].
The Internet user has the right to access and modify the specific incident file which can be exercised at the address [support@socloz.com and/or 36 rue de l'Arcade, 75008 Paris].
Requests will be processed within 1 calendar month and the user will be notified by email when the processing of his/her request is completed.
ARTICLE 7: APPLICABLE LAW
The present general conditions of sale are subject to French law.
Any dispute that may arise between the parties as a result of the formation, interpretation, execution and/or termination of these terms and conditions shall, in the absence of an amicable settlement, be subject to the exclusive jurisdiction of the Commercial Court of Paris.
ARTICLE 8 : PROPRIETE INTELLECTUELLE
All content published on the Site (accessible directly or indirectly) is the property of their respective authors and is made available to the Internet user for simple consultation. All these publications are protected by copyright.
The presentation and each of the elements, including trademarks, logos and domain names, appearing on the Site, are protected by the laws in force on intellectual property, and belong to Besson or are the subject of an authorisation of use.
No part of the Site may be copied, reproduced, modified, republished, loaded, distorted, transmitted or distributed in any way, on any medium whatsoever, in whole or in part.
Any total or partial representation of the Site by any process whatsoever is prohibited and would constitute an infringement punishable by articles L.335-2 and following of the Intellectual Property Code. Besson reserves the right to prosecute any act of infringement of its intellectual property rights.
Only private copies are authorised for personal, private and non-commercial use.
