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Legal notice, general terms and conditions of use and privacy policy

By continuing to browse on this website, you hereby accept without reserve the terms and conditions of use which follow, including the privacy policy.

The version currently published online of these general terms and conditions of use is the only enforceable version for the entire term of use of the website until publication of any new version.

Article 1 - Legal Notice

1.1 Website (hereinafter the “Website”):

www.borde.fr

1.2 Publisher (hereinafter the “Publisher”):

BOUTIQUES BORDE SAS

Having its head office at: 6 Cours du Docteur Gervais, 43170 Saugues

represented by Alain Borde, acting in the capacity of Managing Director

RCS Le Puy-en-Velay 913 166 427

Siret Code: 913 166 427 00017

Intracommunity VAT no.: FR73913166427

Phone number: 04 71 77 70 70

Email address: contact@borde.fr

Direct of Publication: Alain Borde

1.3 Host (hereinafter the “Host”):

The Website is hosted by KEOLE, a simplified joint-stock company with share capital of €5,000, incorporated on the Montpellier Trade and Companies Register under number 753 127 554, having its head office at 86 Rue Pierre et Marie Curie, 34430 Saint-Jean-de-Védas.

Article 2 - Object of the General Terms and Conditions of Use

These general terms and conditions of use (hereinafter the « T&Cs »)govern use of the Website by users, who are natural persons, regardless of their age, provided they are at least eighteen years and over (« You »).

They are notably intended to set forth the terms and conditions in accordance with which You can access and browse the Website.

By browsing on the Website, You acknowledge to have read and accept in full without reserve the T&Cs, which notably include the Website’s privacy policy.

Publisher hereby reserves the right to amend the T&Cs at any time. They will be enforceable immediately following publication. Consequently, we invite You to read the T&Cs regularly.

Article 3 - Accessing the Website

Access and use of the Website are strictly for personal use. You hereby undertake not to use the Website and all information or data therein for any commercial, political or publicity purposes or for any commercial canvassing such as sending unsolicited emails.

The Website can be accessed by any user who meets those conditions outlined under article 2, subject to having an Internet connection. It is hereby indicated that it is strictly prohibited to sell alcohol to anyone under the age of 18 years old. To use the Website and make a purchase, You must confirm you are over 18.

The Website is accessible 24 hours a day, 7 days a week, aside for any case of force majeure or any event outside the control of the Publisher and subject to any breakdown or maintenance operations required for proper operation of the Website. Maintenance operations may be undertaken without any prior notice to web users.

All devices and appliances (computers, telephones, telecommunication devices, etc.) which allow access to the Website are your sole and exclusive responsibility, as well as the telecommunication costs incurred in their use.

Article 4 – Client Account

Users can create an account to place an order on the Website, in accordance with the general terms and conditions of sale of the Website.

Your client account allows you to do the following:

to consult and update your details and payment means;
to track your orders and consult your recent order history and refunds received since the creation of your client account;
to consult promotions which You have received;
to set up your options for adverts.

To create a client account, You must complete a subscription form including your personal details (civil status, surname, given names, postal and email address, telephone number, date of birth) and create a personal password. You will then receive an email confirming the creation of your client account and summarising all of your client details.

By creating your client account, You undertake to provide accurate, complete and updated details.

It is indicated that your login details (email address or client number and password) are your own responsibility. It is, therefore, your own responsibility to protect the privacy of these, and to alert any case of fraud or piracy to the customer service team on the Website as soon as your become aware thereof.

To delete your client account, please contact the customer service team on the Website. It is hereby indicated that the Publisher may also be led to delete a client account without any pending orders due to personal data regulations.

Article 5 - Website Content

All trademarks, photographs, texts, comments, illustrations, animated or still images, as well as all electronic applications which may be used to operate the Website and more widely all elements reproduced or used on the Website are protected by intellectual property legislation in force.

They remain the full ownership of the Publisher or its partners.

Any reproduction, representation, use or adaptation, in any form whatsoever, of any of these elements in whole or in part, including electronic applications, without the prior written consent of the Publisher are strictly prohibited. Any unauthorised use of the Website or any of the elements included thereon will be considered as counterfeit and legal action may be brought in accordance with articles L. 335-2 et seq of the Intellectual Property Code or articles L. 713-2 et seq of said Code for registered trademarks. In such instance as the Publisher does not bring legal proceedings when it becomes aware of any unauthorised use as outlined above, this does not constitute acceptance of said use nor any waiver to bring legal action.

Article 6 - Website Administration

For due and proper Website administration, the Publisher may, at any time:

suspend, interrupt or restrict access to the Website, in whole or in part, or access to certain sections of the Website, or to any given category of users;
delete any information which may hinder the operation or violate any national or international legislation;
suspend the Website for updates.

Article 7 - Liability

The Publisher may not be held liable in the event of any defective operation, breakdown, difficulty or interrupted operation preventing access to the Website or any of its functions.

All hardware devices used to log in to the Website are Your own liability. You must take all suitable and appropriate measures to protect your hardware devices and your own data particularly from Internet viruses. You are also solely and exclusively liable for all websites and data which you view.

The Publisher may not be held liable in the event of any legal action brought against you for the following:

use of the Website or any service accessible online;
due to failure by yourself in respect of these general terms and conditions of use.

The Publisher may not be held liable for any damages caused to yourself, to third-parties and/or to your equipment due to your connection or use of the Website and you hereby waive all redress against it accordingly.

If the Publisher should be the object of amicable proceedings or legal proceedings due to your use of the Website, it may bring legal action against you to receive indemnification for all prejudice, amounts, sentences and costs which result.

Article 8 - Hypertext links

The publication by users of any hypertext links to any part of the Website is strictly prohibited, without the prior written consent of the Publisher. Any links should be removed following a request by the Publisher.

The Website may contain a number of hypertext links to other websites (partners, information, etc.) which have been inserted with the consent of the Website owner. However, the Publisher is not able to check the content of third-party websites visited and waives all liability as to the risk of any harmful or illicit content.

Article 9 - Privacy policy

9.1 Object:

Out of a concern for individual rights, and notably regarding automated processing of personal data, and in order to be fully transparent with clients, the Publisher has implemented a policy which covers all of these forms of processing, the purposes of processing and the means of redress of individuals so as to be able to exercise their rights.

It undertakes to process data in respect of all regulations applicable and notably the Data Protection and Freedom of Information Act of 20th June 2018 and the General Data Protection Regulation (GDPR).

For further information regarding personal data protection, please consult the following website: https://www.cnil.fr./

9.2 Definitions:

Personal data: Any information regarding a natural person likely to be identified, whether directly or indirectly.

Personal Data processing: Any operation or collection of operations undertaken on personal data or groups of personal data (hereinafter « Personal Data »), regardless of the process used, whether or not automated, such as the collection, storage, organisation, structuring, backup, adaptation or modification, recuperation, consultation, use, disclosure by transfer, publication or provision, alignment or combination, restriction, deletion or destruction.

Cookie: A cookie is a small text file which a website stores on the computer or mobile device of a user when visiting the website. They allow the website to remember the user actions and preferences (such as connection, language, font size and other display preferences), over a given period, so as the user does not have to enter these again when returning to the website or browsing between pages.

Article 10 - Data Controller

The Data Controller for your Personal Data is BOUTIQUES BORDES SAS, whose contact details are indicated under article 1 hereinabove.

Article 11 - Data collection and protection

Personal data refers to any information concerning a natural person who is identified or identifiable (data subject); an identifiable person is any person who can be identified, whether directly or indirectly, and notably with reference to a name, identification number or one or more specific elements pertaining to their physical, physiological, genetic, psychological, economic, cultural or social identity.

Personal Data which may be collected on the Website are primarily used by the Publisher for management of its relations with You, and where necessary for order processing.

The Publisher may be led to collect Personal Data which are sent:

directly by You: civil status, surname, given names, postal address, country of residence, date of birth, email address, username/password, telephone number, bank details, etc. ;
or indirectly: data pertaining to your connection (type of connection used, IP address, mobile phone operator, etc.), browsing data (statistics of pages consulted, activity or inactivity, etc.), use of services offered on the Website, interactions with any ads proposed, transactions and billing (order history, etc.).

Article 12 - Right to access, amend and unlist your Personal Data

In accordance with personal data regulations, users have the following rights:

. the right to query: users are entitled to know whether their Personal Data are processed, and notably which data are collected, where they come from, why and by whom they are processed;

· right of access: users may exercise their right of access, to know which Personal Data are held, by writing to the email address indicated hereinabove. This includes the right to request and receive a copy of Personal Data collected. In this instance, before implementation of this right, the Publisher may request proof of identity of the user to check the accuracy;

· right of amendment: if personal data held by the Publisher are inaccurate, incomplete, ambiguous or expired, they may request that the information concerned be updated;

· right of deletion: users may request deletion of their personal data, in accordance with personal data protection legislation and subject to legal obligations of storage by the Publisher (for accounting and tax purposes, etc.) ;

· the right to restricted processing: users may request that the Publisher restrict Personal Data processing in accordance with those instances for which provision is made under applicable legislation and regulations;

· the right to refuse processing: users may object to their Personal Data being processed in those instances set forth under the GDPR. In particular, users are entitled to object at any time to use of their Personal Data for commercial canvassing;

the right to withdraw consent: users are entitled to withdraw their consent for Personal Data processing;
right of portability: they may request that the Publisher return all Personal Data which it has provided to be sent to a new publisher.

You can exercise these rights by writing to the following address:

BOUTIQUES BORDE SAS, Les Gardelles, 43170 Saugues.

Or by emailing:

contact@borde.fr

All requests should be accompanied by a photocopy of a valid identity document signed and with indication of the return address at which the Publisher can contact the person making the request. A response will be sent within one month following receipt of a request. This period of one month may be extended by two months if the complexity of the request and/or quantity of requests requires.

Furthermore, since ratification of law no. 2016-1321 of 7th October 2016, people who wish can indicate instructions for use of their data following death. More information on this subject is available on the Website of the French Data Protection Authority (CNIL): https://www.cnil.fr/.

Users can also make a claim with the CNIL by using the CNIL website: https://www.cnil.fr.

We recommend that you first contact us before making a claim with the CNIL as we are available to help in resolving your issue.

Article 13 - Security

The Publisher takes any and all necessary measures to guarantee the security of all Personal Data collected. Personal Data collected are hosted by specialist sub-contractors (web hosts, email service providers). Servers have strong username and password restricted access, and encrypted ssl/https connection. Servers are hosted in data centers of authorised service providers which are highly secure and administered by the service provider.

Article 14 - Use of data

Personal Data collected from users are intended for provision of Website services, their improvement and to maintain a secure environment.

The legal basis for processing results from:

either a contract signed between the user and the Website;
or the express consent of the user who, at any time, can withdraw this consent;
or the legitimate interest of the Publisher (a justified and well-balanced commercial interest which does not affect user privacy);
or by law.

More precisely, the following uses are made:

- access and use of the Website by users;

- management of operations and optimisation of the Website;

- implementation of user assistance;

- verification, identification and authentication of data sent by users;

- personalisation of services by displaying ads depending on the user’s browsing history and preferences;

- prevention and detection of fraud, malware (malicious software) and management of security incidents;

- management of any disputes with users;

- issuing commercial and advertising information depending on user preferences;

- management or orders and billing;

- satisfaction surveys;

- performance of analytical statistics.

Article 15 - Data protection policy

The Publisher stores Personal Data for the term required to provide you with services or to offer assistance in accordance with the terms and conditions set forth by applicable regulations.

The term of storage of Personal Data varies depending on the purposes of collection.

The majority of Personal Data are stored for a term of 5 years following the last period of activity by a user on the Website, and then archived with restricted access, for an additional term, for specific reasons authorised by law (payment, warranty, dispute resolution, etc.). Data are then deleted.

Purposes of processing	Legal basis	Term of storage at our operational headquarters	Storage
Providing, improving and customising Services or for statistical purposes (Personal Data provided when creating and using accounts, browsing and using Services)	Contract/Legitimate interest	5 years from the last activity	5 years
Commercial canvassing by email, telephone*** or post by the Publisher	Legitimate interest*	3 years from the last activity
Commercial canvassing by email by thrid-parties	Consent**	3 years from the last activity
Targeted advertising for the Publisher's use	Legitimate interest*	3 years
Targeted advertising for the Publisher's use	Consent**	13 months from the date of installation of cookies
Storage of bank card details for ad hoc payments	Law (L133-24 of the Monetary and FInancial Code/Contract)	15 months
Storage of bank card details to facilitate subsequent purchases	Consent**	For the term of storage
Fraud prevention	Legitimate interest	3 years from an incident	2 years

*users can object at any time

**can be withdrawn at any time

***users can refuse telephone canvassing by contacting the Publisher and/or by signing up to the Bloctel ex-directory service at www.bloctel.gouv.fr

As far as practically possible or as required to meet legislative and regulatory obligations, resolve disputes, prevent fraud or abuse or to apply our terms and conditions, we may also store some of your data as required, even after closure or your account or if we no longer need to provide You with services.

Article 16 - Sharing Personal Data with third parties

Personal Data are primarily intended to be used by the Publisher.

They may be sent to service providers (sub-contractors) who are used by the Publisher for provision of the Website services for the above uses.

They may also be shared with partners or third-parties for targeted advertising, commercial canvassing by email, telephone or post.

In the event of any illegal activities or suspected illegal activities or legal requests, Personal Data may be sent to the legal or judicial authorities on request: police, courts, tax or social security bodies.

Article 17 - Transfer of data outside of the EU

The Publisher may be led to transfer some Personal Data outside of the European Union. Transfer of Personal Data outside of the European Union will only be undertaken to countries whose Personal Data security level is recognised by the European Union or standard contractual provisions.

Article 18 - Notification following any theft of Personal Data

If, despite all protective measures adopted by the Publisher and its sub-contractors, any Personal Data should be affected by a security flaw, the Publisher undertakes to notify users in line with legislative timeframes. This legal duty of notification may not be deemed as acknowledgment of liability or negligence by the Publisher or its sub-contractors.

Article 19 - Cookies

By browsing on the Website, “Cookies” issued by the data controller for the website concerned and/or third-party companies may be installed on your workstation.

On your first visit to the Website, a banner will be displayed explaining the use of « cookies ». Consequently, by continuing to browse on the website, the client and/or prospective client will be deemed to have been informed and to have accepted the use of « cookies ». Consent will be valid for a period of thirteen (13) months. Users can deactivate cookies from their browser settings.

All information collected will notably be used to track the volume, type and configuration of traffic using the Website, to develop the design and layout and for other administrative and planning purposes and, more widely, to improve our services.

The following cookies are used on the Website:

Google Cookies:

- Google analytics: measures Website visitors;

- Google tag manager: Streamlines the implementation of tags on pages and allows Google tags to be managed;

- Google Adwords Conversion: Adwords campaign tracking tool.

The total lifetime of these cookies is thirteen months from the date of first installation on the user workstation.

Users are notified that partners of the Publisher and any other third party may be led to install cookies on the Website. Only the party issuing a cookie is able to read or change information contained therein and the Publisher has no access or control over cookies which are used by third parties. The issue and use of cookies by third parties are subject to the privacy policies of the third parties in addition to these presents. Consequently, users are invited to visit the websites of these third parties for further information regarding cookies which are stored and how they are managed.

For further information regarding use, management and deletion of « cookies », on all browsers, please visit the following link: https://www.cnil.fr/fr/cookies-les-outils-pour-les-maitriser.

Article 20 - Applicable Law

These general terms and conditions of use over the Website are governed by French law and fall under the jurisdictional competence of the courts in the place where the Publisher has its head office, subject to any specific attribution of jurisdiction resulting from any particular legislation or regulation.

Article 21 - Contact Us

For any questions, information regarding products on the Website, or the Website itself, please leave us a message at: boutique@borde.fr