GENERAL CONDITIONS OF USE - adhera
The use of the website (“Site”) edited and operated by Clement unreservedly implies the acceptance of these Terms and Conditions (“T&Cs”) by the business and non-business customer (“Users” and separately “the User”) accessing the website https://adherashoes.com.
ARTICLE 1 – Definitions
“Customer” means any natural or legal person using the Site to connect with one or more providers for the purpose of performing one or more services.
“User Account” means the account to be created on the Site by the Customer and the provider, created in accordance with the procedure described in article 3.
- User data: Means all personal data of the User, as well as any information relating to an identified or identifiable natural person, over whom they hold an intellectual property right, hosted by Clement and informed by the User in connection with the use of the Site;
- User data: Means, in connection with the use of the Site, all types of information, data, including personal data, and content, collected, hosted by Clement and which remains the sole property of the User;
- Personal data: Means all types of information, data and content, collected and processed in connection with the use of the site, hosted by Clement, which, within the meaning of the Data Protection Act of 6 January 1978 (Amended by the Decree of 4 November 1991 and by Regulation 2016/679/EU 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, Commonly referred to as “General Data Protection Regulation”, abbreviated as “GDPR”), is used to designate or identify, directly or indirectly, a natural person;
- Processing of personal data: Means any automated processing in whole or in part, as well as the non-automated processing of personal data contained or called to be included in a file, as defined in Article 2 (1) of the GDPR.
“Product(s)” means the product(s) sold by Clement on https://adherashoes.com.
“Site” or “Internet Site” means the Internet site published and operated by Clement, of which it is the sole owner, accessible at https://adherashoes.com.
“User” means the business and non-business customer.
ARTICLE 2 – Purpose
These Terms and Conditions define the conditions under which Clement makes the Site available to users.
ARTICLE 3 – Description of the general operation of the Site
The purpose of the Site is to connect the Customer, previously registered on the Site, with Clement, in order to enable the Customer to order ADHERA products offered for sale by CLEMENT through the Site.CLEMENT offers all or some of the products listed in the ADHERA catalogue on the site.
The products on sale are each the subject of a detailed descriptive file, mentioning the description and characteristics of the product, as well as the documents and certifications relating to the product.
ARTICLE 4 – Terms of registration on the Site
- In order to place any order for products on the Site, the User must first register on the Site following the registration process detailed on the Site.
The User shall identify and enter in good faith all the information and details requested in the registration forms intended for the creation of the user account, in accordance with the procedure described on the Site.
The User shall, prior to the validation of the registration form, verify the accuracy of all the information indicated on the registration form, and in particular the email address and password chosen and communicated to the extent that such information allows the identification of their account.
- The User must be at least 18 years of age when registering on the Site.
- After registration, the User will access their user account by logging in to the site.
The User has an obligation to maintain the confidentiality of their login details. As such, it is reminded that the User’s login details are for single use and strictly personal use.
The User is responsible for the use of their login details. The User is prohibited from lending or transferring their login details to any third party or from allowing any third party to log in to their User Account.
- In the event that the User provides false, inaccurate, outdated or incomplete data, CLEMENT shall have the right to suspend or close their account and to deny them access to all or part of the Site in the future.
ARTICLE 5 – Site Access – Clement's responsibility
The use and maintenance of the computer and telecommunications means necessary to access the Site shall be the responsibility of the user, who shall bear the costs of use and maintenance of the computer and telecommunications means alone.
CLEMENT cannot be held responsible for any damage to any computer and telecommunications means during the use of the Site.
CLEMENT reserves the right, without notice or compensation, to temporarily or permanently close the Site, which may be complete or partial, for the purpose of, without limitation, making any updates or changes to the Platform.
CLEMENT reserves the right to make any changes and improvements to the Site.
CLEMENT works to ensure access and proper operation of the site 24/7.
CLEMENT cannot be held responsible for any interruption of access to the Site, whether voluntary or not, as it is specified that it agrees to make every effort to limit the interruptions attributable to it.
ARTICLE 6 – Rules for use of the Site
The User agrees to use the Site in accordance with applicable laws and these Terms and Conditions.
The User agrees to make a fair use of the Site, and in particular not to circumvent the Site and its services.
Similarly, the User does not perform any extraction of the Site’s content for similar or competing activity, or for recruitment purposes.
ARTICLE 7 – Termination
In the event of a breach of any of its obligations by the User as set forth in these Terms and Conditions, and more broadly, in the event of non-compliance with these Terms and Conditions, CLEMENT may, after notice sent by any means which remains without effect for a period of TEN (10) working days, permanently terminate the User’s access to the Site, without the User being entitled to any compensation.
ARTICLE 8 – Protection of personal data
Pursuant to Law 78-17 of 6 January 1978, as amended by Law No. 2018-493 of 20 June 2018, it is recalled that the personal data requested from the User by CLEMENT is necessary in order to:
- Ensure access to the Site;
- process received orders.
CLEMENT is committed to ensuring the security of the personal data it retains for the purposes of Site operation.
The processing of the information communicated through the Site meets the legal requirements for the protection of personal data, with the information system used ensuring optimal protection of that data.
The User shall have, in accordance with the national and European regulations in force, a right of permanent access, modification, rectification, opposition of portability and restriction of processing in respect of the information concerning them.
In terms of data security, CLEMENT will implement logical and physical access restrictions and network protection as required and in accordance with the exposure of the security devices deployed, as well as any necessary traceability of actions.
CLEMENT acknowledges that it must be able to report and provide proof of all devices and procedures for the protection of personal data, the minimisation of their use, and the compliance of such devices and procedures with the above-mentioned legal requirements.
In accordance with the provisions in force, the user has a right of access, modification, correction and deletion of the data concerning him. These rights may be exercised, where appropriate, with Clement by post at the following address:
1ère Avenue – 7ème rue
RCS GREASY 421 616 087
ARTICLE 9 – Intellectual property
The site is owned by CLEMENT and is protected by French and international intellectual property laws.
Clement retains ownership of all intellectual property rights that are used to operate the Site, and more generally, all elements reproduced or used on the Site are protected by intellectual property.
Any reproduction, representation, use or adaptation, in any form, of all or part of the elements present on the Site, without the prior written consent of CLEMENT, is strictly prohibited.
Clement’s failure to initiate proceedings upon knowledge of such unauthorised uses does not constitute acceptance of such uses and waiver of prosecution.
Any reproduction in whole or in part of this content is strictly prohibited and may constitute a counterfeiting offence.
CLEMENT acts as the owner or licensee of the trademarks used on the Site.
ARTICLE 10 – Communications by email and sms
As part of the use of the Site, Clement may be required to contact the user by email or sms.
The User may accept or refuse the use of their contact data by making their choice on the dedicated page of their user account.
ARTICLE 11 – Cookies
11.1 – General
Cookies are small text files stored on your computer by the Site to enable or optimise the operation of the Site, and to provide information to the Site owners. Cookies help us make the site work and improve its interactivity and our services.
You can set the content of cookies collected on the site by CLEMENT.
Cookies are used on the Site for different purposes, to facilitate your navigation, to provide you with personalised content and advertisements or to produce visit statistics.
A cookie is read or transmitted by the Site server to your browser which stores it on your device. Each cookie is assigned an identifier that allows its sender to identify the terminal on which it is stored for the duration of validity or registration of the cookie concerned.
To set up and manage cookies deposited on the site directly, you can use the interface we make available to you.
This interface is accessible via the Cookies banner which appears when you first log in to the site.
11.2 – Your rightS
You may at any time express or modify your wishes for cookies, including advertising targeting cookies set up on the Site.
You can use the interface that we make available to you via the Cookies banner that appears when you first log in to the site.
By disabling targeted advertising cookies via this interface, you will continue to be exposed to advertising, but it will no longer be targeted based on your preferences assumed based on your browsing profile. Disabling targeted advertising does not affect the volume of advertising you are exposed to, but we will no longer be able to limit the number of displays of the same advertisement.
ARTICLE 12 – Amendment of the Terms and Condition
CLEMENT reserves the right to modify these Terms and Conditions, depending on the technical evolution of the Site or due to the evolution of the legislation, at its sole discretion.
In general, the use of the Site by the User is always subject to the most recent version of the T&Cs available to the User at the time of such use. It is up to the user to consult as often as necessary the T&Cs accessible from the Site.
ARTICLE 13 – Opposability of the Terms and Conditions
These Terms and Conditions are expressly approved and accepted by the User, who declares and agrees to have full knowledge of them.
In any event, any use of the Site submits the User to these Terms and Conditions. The User is therefore deemed to accept all the rules set forth herein, as well as those that would be present in any document available on the Site, incorporated into these Terms and Conditions by reference.
These Terms and Conditions shall be enforceable for the duration of use of the Site and until new Terms and Conditions supersede the present Terms and Conditions.
The Customer also acknowledges having consulted the legal notices on the site prior to its use.
ARTICLE 14 – Violation of the Terms and Conditions
Any violation of these Terms and Conditions authorises Clement to deny access to the Site for the future to the User who is responsible for the violation, and to close any user account that allows access to the Services, without prejudice to any compensation which could be claimed from the person responsible for said breach by Clement.
ARTICLE 15 – Applicable law – Disputes – Language
Any dispute relating to the interpretation and/or performance of these T&Cs shall be the responsibility of the competent French courts.
The Customer, finding that a violation of the general regulation on the protection of personal data has been committed, has the possibility of mandating an association or organisation referred to in Article 43 b IV of the Data Protection Act of 1978, in order to obtain compensation against the processing manager or subcontractor before a civil or administrative court or before the National Commission for Data Protection.
These Terms and Conditions of use are written in French.
In the event that they are translated into one or more foreign languages, only the French text would be authentic in the event of a dispute
ARTICLE 16 – Partial invalidity
If one or more of the provisions herein are held invalid or declared invalid under any law, regulation or final decision of a competent jurisdiction, the other provisions shall remain in full force and effect.