Inform the user

The collection of personal data must be carried out in a transparent.

Thus, you must inform the user on your website at the time of data collection (e.g. when filling out a contact form) and in the event of subsequent changes to their use.

You must provide the following information:

• Identity and contact details of the body responsible for the data processing personal e.g. the Data Protection Officer (DPO)
• Purpose pursued by the processing : what the personal data collected will be used for
• Legal basis for processing : it may be the consent of the Internet user, compliance with an obligation provided for by a legal text, the execution of a contract, etc.
• Mandatory or optional collection of personal data : the consequences for the user in the event of non-provision of data
• Recipients of personal data —Who will receive and access the data
• Retention period of personal data
• Rights of the Internet user : right to refuse collection, right to access, rectify and erase data
• Right of the user to lodge a complaint with the Cnil: titleContent
• If necessary, the existence of a transfer of personal data to a country outside the European Union

Information must be provided in a concise, transparent, understandable and easily accessible manner, in clear and simple terms.

On your website, you can use a link directly to the data protection policy, clearly visible on each page of the site, clearly titled (“Personal Data” or “Privacy” for example).

This privacy policy must be separate from the general terms and conditions of sale (GTC) or the general terms and conditions of use (GCU) of the website.

Obtain the consent of the user

There are situations in which the information of the Internet user alone is not enough.

You need more obtain consent when you do any of the following:

• Sending commercial emails (newsletter): you must obtain the explicit consent of the user unless he has already purchased a similar product in your company or it is a professional.
  You must also give him the means to refuse the reception of new advertisements by offering an unsubscription at the end of the email.
• Use of cookies : these are trackers that analyze the navigation, movements and habits of consultation or consumption of the Internet user to allow the display of targeted advertisements.

You must allow the user to consent by a clear positive act : a request for consent made by means of check boxes is easily understandable by users.

The use of a pre-ticked box that presumes the person's consent is prohibited.

The silence of the people, which can pass by the simple continuation of their navigation, must be interpreted as a refusal.

You must also allow the user to make a choice by purpose. It is recommended to allow the user to give his consent independently and specifically for each purpose (customer management, satisfaction survey, prospecting operation, etc.).

It is possible to propose to the user to consent in a global way to a set of purposes, by integrating buttons “All accept” or “All refuse”, but only if all the purposes are presented beforehand.

Order Entry

When entering the order, you must inform the customer of the following information:

• Prices and essential characteristics of the goods or services ordered
• In the case of a subscription, the duration of the contract and the duration of the customer's commitment
• Steps to complete the order
• Technical means allowing the customer, before the conclusion of the contract, to identify errors and correct them (possibility to consult the order through a basket, for example)
• Languages proposed for the conclusion of the contract
• Contract archiving procedures: when the order is for an amount equal to or greater than €120
• Ways to review the business and business rules you intend to follow

Order Confirmation

After its entry, the order must respect 3 mandatory steps :

1. Detailed summary of the order with its total price
2. Possible modification of the order
3. Final confirmation of the order

You must inform the customer that the fact of placing his order forces him to pay it.

The button dedicated to the confirmation of the order must imperatively include the mention “Order with payment obligation” or any similar formula without ambiguity.

Once the order has been placed, you must acknowledge receipt without undue delay, by electronic means.

The order, its confirmation and the acknowledgement of receipt are considered as receipts when you and the customer can access it by e-mail or from a printable and searchable page on the site for example.

Delivery time

Before concluding the contract, you must indicate the precise time frame (and not the maximum period of time) at which you agree to deliver the goods or perform the service.

If no date is specified, delivery must take place at the latest 30 days after ordering online.

In case of delay, the customer can request the cancelation of the order he placed and ask for a refund. You then have a period of 14 days to pay it back.

You cannot force the customer to accept a certain refund method (credit on a future purchase for example).

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Presentation of the right of withdrawal

The right of withdrawal allows the consumer to cancel the order placed online in a 14 days, without having to justify its decision and without incurring any other costs (apart from any return costs).

This right also applies to the sale of discounted and second-hand goods.

The period shall run from the day following receipt for the sale of goods and from the conclusion of the contract for the provision of services.

You must mention this right, specify the conditions, the time and the modalities of exercise (whether or not you pay the return costs), and propose a standard withdrawal form.

When you are informed of the customer's decision to withdraw, you have a period of 14 days to make the refund of the total amount paid.

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Exceptions to the right of withdrawal

However, certain products or services are not subject to the right of withdrawal and therefore cannot be reimbursed. This is particularly the case for the following products:

• Customized product: it has been made especially for the consumer (tailor-made for example)
• Rapidly perishable product: food products for example
• CD, DVD or computer software if unsealed by the consumer
• Product that has been unsealed by the consumer after delivery and cannot be returned for reasons of hygiene or health protection
• Newspapers, periodicals or magazines (except for subscription contracts for these publications)
• Provision of accommodation service, transportation of goods, car rental, catering or leisure activity provided on a specified date.
• Fully executed service before the end of the withdrawal period: the service must have started after the consumer's express prior consent and express waiver of his right of withdrawal.

Mandatory particulars

The functionality shall be presented under the statement " terminate your contract or in an unambiguous analogous form displayed in legible characters.

In addition, the functionality shall indicate, in a legible and comprehensible manner, the information relating to the terms of termination contracts (e.g. the existence of a notice period or compensation for termination, consequences of termination, etc.).

Consumer identification

The functionality must allow the consumer to inform or confirm the accuracy of the following information :

• The name and surname of the consumer, or if the contract was concluded with a legal person, its name or company name
• The email address or, failing that, the postal address enabling you to confirm receipt of the notification of termination
• Any reference that you have previously provided to the contract holder to identify this holder and the contract concerned (e.g. a customer or contract number)
• The desired termination date subject to the legal or contractual provisions in force
• Where the termination concerns a telephone subscription, the telephone number corresponding to the line or lines concerned by the termination.

After having filled in or confirmed this information, the consumer must be able to access a summary page enabling it to verify and, where appropriate, modify the information provided.

In addition, where the consumer wishes to terminate his contract early (before expiry), he must provide a legitimate reason. In this case, the feature must mention a email address and one mailing address to which the supporting document may be sent. You can also add a feature that allows the consumer to send his or her proof of termination in a dematerialized form.

Notification of termination

The consumer must be able to notify you of the termination of the contract by activating a function, directly accessible from the summary page of its information.

This function shall be presented with the words "notification of terminationor an unambiguous analogous formula displayed in legible characters.

When the consumer notifies you of the termination of the contract, you must confirm receipt of the notification and inform him, on a durable support and within a reasonable time, the effects of the termination and the date on which the contract ends.