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Article 20 - Non-Waiver
The fact that one party does not invoke a breach by the other party of any of the obligations referred to in these general terms and conditions shall not be interpreted in the future as a waiver of the obligation in question.
Article 21 - Headings
In case of difficulty in interpretation between any of the headings appearing at the beginning of clauses and any of the clauses themselves, the headings shall be deemed nonexistent.
Article 22 - Language of the Contract
These general terms and conditions of sale are written in French. In the event of translation into one or more foreign languages, only the French text shall prevail in case of dispute.
Article 23 - Mediation and Dispute Resolution
The buyer may use conventional mediation, notably with the Consumer Mediation Commission or with existing sectoral mediation bodies, or any alternative dispute resolution method (such as conciliation) in case of dispute. The names, contact details, and email address of the mediator are available on our website.
In accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has set up an Online Dispute Resolution platform facilitating independent out-of-court settlement of online disputes between consumers and traders in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.
Article 24 - Applicable Law
These general terms and conditions are subject to French law. The competent court is the judicial court.
This applies both to substantive and procedural rules. In case of dispute or claim, the buyer shall first contact the seller to seek an amicable solution.
Article 25 - Personal Data Protection
Data Collected
The personal data collected on this site are as follows:
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Account creation: upon user account creation, the following are collected: last name, first name, email address, phone number, postal address;
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Connection: upon user login to the website, the site records, among others, the user's last name, first name, connection data, usage data, location data, and payment data;
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Profile: use of services on the website may create a profile, which can include an address and phone number;
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Payment: for payment of products and services offered on the website, financial data related to the user's bank account or credit card are recorded;
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Communication: when the website is used to communicate with other members, user communication data are temporarily stored;
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Cookies: cookies are used during website usage. The user can disable cookies via their browser settings.
Use of Personal Data
The personal data collected from users are intended to provide website services, improve them, and maintain a secure environment. Specifically, the uses are:
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Access to and use of the website by the user;
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Management and optimization of website operations;
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Organization of payment service conditions;
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Verification, identification, and authentication of data provided by the user;
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Offering the user the possibility to communicate with other website users;
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Implementation of user support;
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Personalization of services by displaying advertisements based on the user's browsing history and preferences;
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Prevention and detection of fraud, malware, and management of security incidents;
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Handling any disputes with users;
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Sending commercial and advertising information according to user preferences.
Sharing Personal Data with Third Parties
Personal data may be shared with third-party companies in the following cases:
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When the user uses payment services, for the implementation of these services, the website interacts with third-party banking and financial companies with whom it has contracts;
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When the user publishes information in public comment sections of the website;
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When the user authorizes a third-party website to access their data;
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When the website uses service providers for user support, advertising, and payment services. These providers have limited access to user data strictly for providing these services and are contractually obligated to comply with applicable data protection regulations;
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If required by law, the website may transmit data to respond to claims made against it and comply with administrative or judicial procedures;
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If the website is involved in a merger, acquisition, asset sale, or bankruptcy procedure, it may transfer or share all or part of its assets, including personal data. Users will be informed before such data is transferred to a third party.
Security and Confidentiality
The website implements organizational, technical, software, and physical measures to protect personal data against alteration, destruction, and unauthorized access. However, internet is not a completely secure environment, and the website cannot guarantee the security of data transmission or storage online.
User Rights Implementation
Under applicable data protection regulations, users have the following rights, which they can exercise by contacting: contact@globlevillage.fr
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Right of access: Users can request access to their personal data. Before exercising this right, the website may ask for proof of identity to verify accuracy.
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Right to rectification: Users can request correction of inaccurate personal data held by the website.
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Right to deletion: Users can request deletion of their personal data in accordance with applicable data protection laws.
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Right to restriction of processing: Users can request restriction of personal data processing under GDPR conditions.
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Right to object to processing: Users can object to processing of their data under GDPR conditions.
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Right to data portability: Users can request the website to provide their personal data to transfer to a new website.
Changes to this Clause
The website reserves the right to modify this personal data protection clause at any time. If changes are made, the website commits to publishing the new version on its site and informing users by email at least 15 days before the effective date. If the user disagrees with the new terms, they may delete their account.
Annex:
Withdrawal Form
(to be completed by the consumer,
and sent by registered letter with acknowledgment of receipt,
within 14 days from the contract conclusion date)
Withdrawal Form
I hereby notify you of my withdrawal from the contract concerning ....................., ordered on: .........
Consumer's first name and last name: .................
Consumer's address: .................
Date: ...................
Consumer's signature
Annex:
Consumer Code
Article L. 217-4: “The seller delivers goods conforming to the contract and is liable for conformity defects existing at the time of delivery.
He is also liable for defects resulting from packaging, assembly instructions, or installation when these are the seller's responsibility or were carried out under his responsibility.”
Article L. 217-5: “The goods conform to the contract:
1° If they are fit for the usual purpose of such goods and, where applicable:
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If they correspond to the description given by the seller and possess the qualities presented to the buyer as a sample or model;
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If they have the qualities a buyer can reasonably expect in light of public statements made by the seller, producer, or representative, especially in advertising or labeling;
2° Or if they have characteristics jointly agreed upon by the parties or are suitable for any special use sought by the buyer, made known to and accepted by the seller.”
Article L. 217-6: “The seller is not bound by public statements made by the producer or representative if it is proven that he did not know them and was not reasonably able to know them.”
Article L. 217-7: “Conformity defects appearing within 24 months from delivery are presumed to have existed at delivery, unless proven otherwise. For used goods, this period is six months. The seller may rebut this presumption if incompatible with the nature of the goods or the defect invoked.”
Article L. 217-8: “The buyer may require conformity of the goods. However, he cannot contest conformity by invoking a defect he knew or could not ignore when contracting. The same applies when the defect originates from materials supplied by the buyer.”
Article L. 217-9: “In case of non-conformity, the buyer chooses between repair or replacement. However, the seller may refuse the buyer's choice if it entails a manifestly disproportionate cost compared to the other option, considering the value of the goods or the defect's importance. The seller must then proceed, if possible, according to the option not chosen by the buyer.”
Article L. 217-10: “If repair and replacement are impossible, the buyer may return the goods and get a refund or keep the goods and get a partial refund. This option also applies:
1° If the solution requested or agreed upon under Article L. 217-9 cannot be implemented within one month following the buyer's claim;
2° Or if it cannot be done without significant inconvenience to the buyer given the nature and intended use of the goods.
Sale rescission cannot be pronounced if the defect is minor.”
Article L. 217-11: “Application of Articles L. 217-9 and L. 217-10 is free of charge to the buyer. These provisions do not prevent awarding damages.”
Article L. 217-12: “Actions for defects of conformity prescribe two years from delivery.”
Article L. 217-13: “The provisions of this section do not deprive the buyer of rights arising from redhibitory defects under Articles 1641 to 1649 of the Civil Code or other contractual or non-contractual remedies recognized by law.”
Article L. 217-14: “Recourse actions may be exercised by the final seller against successive sellers, intermediaries, and the producer of the movable tangible property, according to Civil Code principles.”
Article L. 217-15: “Commercial warranty means any contractual commitment by a professional to the consumer for refund, replacement, or repair of the goods or provision of other related services, beyond legal conformity obligations.
The commercial warranty is subject to a written contract, a copy of which is given to the buyer.
The contract specifies the warranty content, implementation procedures, price, duration, territorial scope, and guarantor's name and address.
It also clearly states that independently of the commercial warranty, the seller remains bound by the legal conformity warranty under Articles L. 217-4 to L. 217-12 and the warranty for defects in sold goods under Articles 1641 to 1648 and 2232 of the Civil Code.
Articles L. 217-4, L. 217-5, L. 217-12, L. 217-16, and Articles 1641 and the first paragraph of 1648 of the Civil Code are fully reproduced in the contract.
Non-compliance with these provisions does not invalidate the warranty. The buyer may invoke it.”
Article L. 217-16: “When the buyer requests repair under the commercial warranty during its term, any immobilization period of at least seven days is added to the remaining warranty duration.
This period runs from the buyer's intervention request or from the availability of the goods for repair if this occurs after the intervention request.”
Civil Code
Article 1641: “The seller is liable for hidden defects in the sold item that render it unfit for its intended use or so diminish its use that the buyer would not have purchased it or would have paid less if aware of them.”
Article 1648: “Actions for redhibitory defects must be brought by the buyer within two years from discovery of the defect. In the case provided by Article 1642-1, the action must be initiated, under penalty of forfeiture, within one year after the date when the seller can be discharged from apparent defects or conformity failures.”