Terms of sale

Terms of sale

Company Sparkling Lady : 131 rue Costa de Beauregard-73000 CHAMBERY SIRET n° 849 275 037 (R.C.S Chambéry) FRANCE

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General terms and conditions of sale of the website www.queenmillion.com
applicable as of 09/02/2021

ARTICLE 1. PARTIES
The present general conditions are applicable between Sparkling Lady, Micro-enterprise, share capital: To be filled in [capital] €, registered at the RCS of Chambery in France on 20/03/2019, under the number 849 275 037, head office: 131 rue costa de beauregard, France, email: contact.sparklinglady@gmail.com, VAT not applicable, article 293B of the CGI, hereafter "the Publisher" and any person, individual or legal entity, of private or public law, registered on the Site to purchase a Product, hereafter "the Customer".



ARTICLE 2. DEFINITIONS
"Customer": any person, natural or legal person, of private or public law, registered on the Site.

"Site Contents": elements of any kind published on the Site, whether or not protected by an intellectual property right, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.

"The Publisher": Sparkling Lady, Micro-enterprise taken in its capacity as publisher of the Site.

"Internet user": any person, natural or legal person, of private or public law, connecting to the Site.

"Product": goods of any kind sold on the Site by the Publisher to the Customers.

"Site": Internet site accessible at the URL www.queenmillion.com, as well as the sub-sites, mirror sites, portals and variations of URLs related thereto.

ARTICLE 3. SCOPE OF APPLICATION
The Site is freely accessible to all Internet users. Browsing on the Site implies the acceptance by any Internet user of these general terms and conditions. The simple connection to the Site, by any means whatsoever, including through a robot or browser, will entail full and complete acceptance of these terms and conditions. When registering on the Site, this acceptance will be confirmed by ticking the corresponding box.

By the same token, the Internet User acknowledges that he/she is fully aware of them and accepts them without restriction.

The fact of ticking the aforementioned box will be deemed to have the same value as a handwritten signature on the part of the Internet User. The Internet User acknowledges the evidential value of The Publisher's automatic registration systems and, unless he or she can prove otherwise, waives the right to contest them in the event of a dispute.

These general terms and conditions are applicable to the relationship between the parties to the exclusion of all other conditions, including those of the Internet User.

Acceptance of these general terms and conditions assumes that the Internet user has the legal capacity necessary for this, or failing that they have the authorization of a tutor or curator if they are incapable, of their legal representative if they are minors, or that they are holders of a mandate if they are acting on behalf of a legal entity.

ARTICLE 4. PURPOSE OF THE SITE
The purpose of the Site is the sale of Products to Customers.

ARTICLE 5. STAGES OF THE ORDER
5.1. Order
In order to place an order, the Internet Users will be able to select one or more Products and add them to their shopping cart. The availability of Products is indicated on the Site, in the description sheet of each item. When their order is complete, they will be able to access their basket by clicking on the button provided for this purpose.

5.2. Validation of the order by the Internet User
By consulting their basket, Internet Users will be able to check the number and nature of the Products they have chosen and will be able to check their unit price as well as their overall price. They will be able to remove one or more Products from their basket.

If they are satisfied with their order, the Internet Users will be able to validate it. They will then access a form on which they can either enter their connection identifiers if they already have them, or register on the Site by completing the registration form with their personal information.

5.3. Payment by the Customer
As soon as they are connected or after they have perfectly completed the registration form, Customers will be invited to check or modify their delivery and billing details, then will be invited to make their payment by being redirected to the secure payment interface with the mention "order with obligation to pay" or any similar formula.

6.4. Default of payment
Agreed payment dates cannot be delayed under any pretext whatsoever, including in the event of a dispute.

Any sum not paid on the due date will give rise, automatically and without formal notice, to the application of late payment penalties calculated on the basis of a rate equal to 3 times the legal interest rate, without this penalty affecting the due date of the sums due in principal.

In addition, any late payment will result in the invoicing to the defaulting Customer of collection costs of 40 euros, the immediate due date of all sums remaining due regardless of the agreed deadlines, increased by an indemnity of 20% of the amount as a penalty clause, as well as the possibility to unilaterally terminate the contract at the Customer's expense. This clause is in line with the provisions of article 1152 of the Civil Code allowing the judge to reduce the indemnity if the judge considers it excessive.

6.5. Retention of title
The Products sold remain the property of the Publisher until full payment of their price, in accordance with this retention of title clause.

ARTICLE 7. CUSTOMER SERVICE


The customer service of the Site is accessible from the contact page of the site: www.queenmillion.com or by email at info@queenmillion.com or by post at the address indicated in Article 1 of these general conditions.

ARTICLE 8. PERSONAL SPACE
8.1. Creation of personal space
The creation of a personal space is an essential prerequisite for any order by an Internet User on the Site. To this end, the Internet User will be asked to provide a certain amount of personal information. Some of this information is deemed essential for the creation of the personal space. Refusal by an Internet User to provide this information will prevent the creation of the personal space and, incidentally, the validation of the order.

When creating the personal space, the Internet User is invited to choose a password. This password constitutes the guarantee of confidentiality of the information contained in the personal space. The Internet User shall therefore refrain from transmitting or communicating it to a third party. Otherwise, the Publisher shall not be held liable for unauthorized access to the personal space of an Internet user.

The Customer undertakes to regularly check the data concerning him/her and to proceed online, from his/her personal space, with the necessary updates and modifications.

8.2. Content of the personal space
The personal space allows the Customer to consult and track all his orders placed on the Site.

Personal Space pages are freely printable by the account holder in question, but do not constitute evidence admissible in a court of law. They are only informative in nature and are intended to ensure efficient management of the Customer's orders.

The Publisher undertakes to keep securely all contractual elements whose conservation is required by law or regulation in force.

8.3. Deletion of the personal space
The Publisher reserves the right to delete the account of any Customer who contravenes these terms and conditions, in particular when the Customer provides inaccurate, incomplete, misleading or fraudulent information, as well as when a Customer's personal space has been inactive for at least one year. The said deletion shall not constitute a fault of the Publisher or a damage for the excluded Customer, who will not be able to claim any compensation for this fact.

This exclusion is without prejudice to the possibility for the Publisher to take legal action against the Customer, when the facts justify it.

Within the framework of its service, the Editor will be led to process personal data of its Customers.

9.1 Identity of the data controller
The person responsible for the collection and processing of data on the Site is the Publisher.

9.2 Identity of the Data Protection Officer
The data protection representative is: Etienne Deshoulières, 121 boulevard de Sébastopol 75002 Paris, contact@deshoulieres-avocats.com, 01 77 62 82 03, www.deshoulieres-avocats.com" always taking care to create a hypertext link on the URL of our site.

9.3. Data Collected
9.3.1. Data collected from customers
Within the framework of its contractual relations, the Publisher can be brought to collect and process information from its Customers, namely : Email, Name and surname, Telephone, Address, state, province, postal code, city.

9.3.2. Data collected from customers
The data collected during the contractual relationship are subject to automated processing for the purpose of :

To initiate legal proceedings ;
To verify the identity of the Clients;
9.3.3. Legal basis of the processing
The legal basis for the data collected is a contractual relationship.

9.3.4. Recipients of the data
The collected data can only be consulted by the Publisher within the limits strictly necessary for the execution of the contractual commitments.

These data, whether in individual or aggregated form, are never made freely viewable by a third party natural person.

9.3.5. Length of retention of personal data
The personal data collected is kept for the duration of the contractual relationship, and for the time during which the Publisher's liability can be engaged.

After the retention period, the Publisher undertakes to permanently delete the data of the persons concerned without keeping a copy.

9.3.6. Security and confidentiality of personal data
Personal data is stored in secure conditions, according to current technical means, in compliance with the provisions of the General Regulations on Data Protection and the national legislation in force.

Access to the Publisher's premises is also secure.

9.3.7. Minimization of data
The Publisher may also collect and process any data voluntarily transmitted by its Customers.

The Publisher directs its Customers to provide personal data strictly necessary for the execution of contractual commitments.

The Publisher undertakes to keep and process only the data strictly necessary for its professional activities, and will delete any data received that is not useful to its activities as soon as possible.

9.4. Respect for rights
The Publisher's Customers have the following rights regarding their personal data, which they may exercise by writing to the Publisher's postal address or by filling out the online contact form.

9.4.1. Right to information, access and communication of data
The Publisher's Clients have the possibility to access their personal data.

Due to the Publisher's obligation of security and confidentiality in the processing of personal data, requests will only be processed if Customers provide proof of their identity, in particular by producing a scan of their valid identity document (if requested via the dedicated electronic form) or a signed photocopy of their valid identity document (if requested in writing), both accompanied by the words "I certify on my honour that the copy of this identity document is a true copy of the original. Done at ... on ...", followed by their signatures.

To help them in their approach, the Clients will find here a model of mail elaborated by the CNIL.

9.4.2. Right of rectification, deletion and right to forget data
The Publisher's Customers have the possibility to request the correction, updating, blocking or deletion of their personal data which may prove to be inaccurate, erroneous, incomplete or obsolete.

The Editor's Customers of the Editor can also define general and particular directives relating to the fate of personal data after their death. Where appropriate, the heirs of a deceased person may require to take into consideration the death of their loved one and/or to make the necessary updates.

To help them in this process, Clients will find here a model letter developed by the CNIL.

9.4.3. Right to object to data processing
The Publisher's Clients have the possibility to oppose to the processing of their personal data.

To help them in their approach, Customers will find here a model letter developed by the CNIL.

9.4.4. Right to data portability
The Publisher's Customers have the right to receive the personal data they have provided to the Publisher in a transferable, open and readable format.

9.4.5. Right to limitation of processing
The Publisher's Customers have the right to request that the Publisher's processing of their personal data be restricted. Thus, their data can only be kept and not used by the Publisher.

9.4.6. Response time
The Publisher undertakes to respond to any request for access, rectification or opposition or any other additional request for information within a reasonable period of time, which may not exceed 1 month from receipt of the request.

9.4.7. Complaint to the competent authority
If the Publisher's Customers consider that the Publisher is not respecting its obligations with regard to their personal data, they can address a complaint or a request to the competent authority. In France, the competent authority is the CNIL to which they can address a request here.

9.5. Transfer of collected data
9.5.1. Transfer to partners
The Publisher uses authorized service providers to facilitate the collection and processing of its Customers' data. These service providers may be located outside the European Union.

The Publisher has previously ensured that its service providers have implemented adequate guarantees and that they comply with strict conditions regarding confidentiality, use and protection of data, for example via the U.S. Privacy Shield.

The Publisher uses the following subcontractors:


Partner Quality Destination country Treatment carried out Guarantees
Facebook Ads manager Subcontractor and Co-contractor USA (Privacy Shield) Realization of operations related to prospecting. https://www.facebook.com/policy.php
Facebook Analytics Subcontractor and Co-contractor USA (Privacy Shield) Elaboration of commercial statistics to generate reports on Internet users' interactions. https://www.facebook.com/policy.php
Google Analytics Subcontractor and Co-contractor USA (Privacy Shield) Elaboration of commercial statistics in order to generate reports on the interactions of Internet users. https://policies.google.com/privacy
Google Adwords Subcontractor and Co-contractor USA (Privacy Shield) Realization of operations related to prospecting. https://policies.google.com/privacy
Facebook Co-Processor USA (Privacy Shield) Manage people's opinions about products, services or content. https://www.facebook.com/policy.php
Instagram Co-Head USA (Privacy Shield) Manages people's opinions about products, services or content. https://help.instagram.com/519522125107875




9.5.2. Transfer on requisition or court order
Customers also consent to the Publisher's disclosure of the collected data to any person, upon request of a state authority or court order.

9.5.3. Transfer in the context of a merger or acquisition
If the Publisher is involved in a merger, sale of assets, financing transaction, liquidation or bankruptcy or in an acquisition of all or part of its business by another company, Customers consent to the transfer of the data collected by the Publisher to that company and to the processing of personal data referred to in these Terms and Conditions of Service by that company instead of the Publisher.

ARTICLE 10. RESPONSIBILITY OF THE PUBLISHER
10.1. Nature of the Publisher's obligations
The Publisher undertakes to take the necessary care and diligence to supply quality Products that comply with the specifications of these General Terms and Conditions. The Publisher is only liable for an obligation of means concerning the services that are the object of the present Terms and Conditions.

10.2. Force majeure - Customer's fault
The Publisher will not engage its responsibility in case of force majeure or fault of the Customer, as defined in this article :

10.2.1. Force majeure
Within the meaning of these general terms and conditions, any impediment, limitation or disruption of the Service due to fire, epidemic, explosion, earthquake, fluctuations in bandwidth, failure attributable to the access provider, failure of transmission networks, collapse of facilities will be considered a case of force majeure enforceable against the Customer, any unlawful or fraudulent use of passwords, codes or credentials provided to Customer, hacking, security breach by the Site host or developers, flood, power failure, war, embargo, law, injunction, demand or requirement of any government, requisition, strike, boycott, or other circumstances beyond the reasonable control of The Publisher. In such circumstances, Publisher shall be excused from performance of its obligations to the extent of such impediment, limitation or inconvenience.

10.2.2. Customer's fault
For the purposes of these General Terms and Conditions, any misuse of the Service, fault, negligence, omission or default on the part of the Customer or its employees, failure to comply with the advice given by the Publisher on its Site, any unlawful disclosure or use of the Customer's password, codes and references, as well as the provision of erroneous information or the failure to update such information in his personal space shall be considered as a fault of the Customer enforceable against him. Will also be considered as a fault of the Customer the implementation of any technical process, such as robots, or automatic requests, whose implementation would contravene the letter or the spirit of these terms and conditions of sale.

10.3 Technical problems - Hypertext links
In the event of impossibility of access to the Site, due to technical problems of any kind, the Customer may not claim any damages and may not claim any compensation. The unavailability, even prolonged and without any limitation, of one or more online services, can not constitute a prejudice to the Customers and can in no way give rise to the granting of damages by the Publisher.

The hypertext links present on the Site may refer to other websites. The Publisher cannot be held liable if the content of these sites contravenes current legislation. Likewise, the Publisher shall not be held liable if the Internet user's visit to one of these sites causes him/her any damage.

In the current state of technology, the rendering of the representations of the Products offered for sale on this Site, particularly in terms of colors or shapes, may vary significantly from one computer to another or differ from reality depending on the quality of the graphic accessories and the screen or the resolution of the display. These variations and differences can in no way be attributed to the Editor who can in no way be held liable for this fact.

10.4. Damages to be paid by the Publisher
In the absence of legal or regulatory provisions to the contrary, the Publisher's liability is limited to the direct, personal and certain prejudice suffered by the Customer and related to the failure in question. The Publisher shall in no case be held liable for indirect damages such as, in particular, loss of data, commercial prejudice, loss of orders, damage to brand image, commercial disturbances and loss of profits or customers. Likewise and within the same limits, the amount of damages and interest charged to The Publisher may not exceed the price of the Product ordered.

10.5. Hypertext links and contents of the Site
The Contents of the Site are published for information purposes only, without any guarantee of accuracy. The Editor can in no way be held responsible for any omission, inaccuracy or error contained in this information and which would be the cause of direct or indirect damage caused to the Internet user.

ARTICLE 11. INTELLECTUAL PROPERTY
11.1. Legal protection of the Contents of the Site
The Contents of the Site are likely to be protected by copyright and database law. Any representation, reproduction, translation, adaptation or transformation, in whole or in part, carried out illegally and without the consent of the Publisher or his successors or assigns constitutes a violation of Books I and III of the Intellectual Property Code and will be liable to give rise to legal proceedings for counterfeiting.

11.2. Contractual protection of the Contents of the Site
The Internet User undertakes contractually with the Publisher not to use, reproduce or represent, in any way whatsoever, the Content of the Website, whether or not it is protected by intellectual property rights, for any purpose other than that of reading it by a robot or browser. This prohibition does not apply to indexing robots whose sole purpose is to scan the content of the Site for indexing purposes.

ARTICLE 12. FINAL STIPULATIONS
12.1. Applicable law
The present general conditions are subject to the application of French law.

12.2 Modifications of the present general conditions
The present general conditions can be modified at any time by the Editor. The general terms and conditions applicable to the Customer are those in force on the day of his order or his connection to this Site, any new connection to the personal space implies acceptance of the new general terms and conditions.

12.3. Disputes
In accordance with the order n°2015-1033 of August 20, 2015, all disputes that may arise in connection with the execution of these terms and conditions and whose solution could not be found beforehand by amicable agreement between the parties must be submitted to Medicys: www.medicys.fr.

In addition, the Customer is informed of the existence of the online dispute resolution platform, accessible at the following URL address: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.

Any dispute arising out of or in connection with this Agreement shall be settled by arbitration in accordance with the rules of the Digital Institute for Arbitration and Mediation: www.fast-arbitre.com.

12.4 Entire Agreement
The nullity of one of the clauses of this contract shall not entail the nullity of the other clauses of the contract or of the contract as a whole, which shall retain their full effect and scope. In such a case, the parties shall, as far as possible, replace the invalid provision with a valid provision corresponding to the spirit and purpose hereof.

12.5. Non-waiver
Failure by The Publisher to exercise any of the rights granted herein shall in no way be construed as a waiver of such rights.

12.6. Telephone canvassing
The Customer is informed that he has the possibility to register on the opposition list to telephone solicitation at http://www.bloctel.gouv.fr/.

12.7. Languages of the present general terms and conditions
The present general conditions are proposed in French.

12.8. Abusive clauses
The provisions of these general conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning unfair terms in contracts concluded between a professional and a consumer.

DISCLAIMER

The following disclaimer applies to all content available on:
https://www.queenmillion.com
(Hereby “Sparkling Lady”).
Please read this disclaimer carefully before accessing, using or obtaining any materials or products from our website. Your use of the website and purchase of our products signifies your acceptance of the provisions contained in this disclaimer.
All products offered on this website comply with applicable international copyright laws.
Any and all copyrights that may exist or come into existence with respect to any and all products shall remain the property of Sparkling Lady and their respective owners. Notwithstanding the foregoing, however, similar designs that may include any products (and their respective copyrights) that are not included or referenced on the website are and shall remain the property of the respective owner.
The costume designs of fictional character depictions categorized as "cosplay" and offered through this website do not infringe the copyrights of third parties. Sparkling Lady does not accept claims from third parties for graphic representations that may be similar to third party trademarks.
Mr Danks Liquor respects intellectual property. If you believe, in good faith, that any material provided on the website or our products infringes your copyright or other intellectual property rights, please send us your request through our contact information with the following information:
Identification of the intellectual property right allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included.
A statement that specifically identifies the location of the infringing material, in sufficient detail so that Mr Danks Liquor can find it on the "Mr Danks Liquor" website. Note that providing a top-level URL is not sufficient.
Your name, address, telephone number and email address.
A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, or its agents, or by law.
A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorized to act on its behalf.
An electronic or physical signature of the copyright owner or of the person authorized to act on the copyright owner's behalf.

CONTACT INFORMATION
If you have questions or concerns about this disclaimer, please contact us through our contact page or through the contact information below:
Sparkling Lady.
contact.sparklinglady@gmail.com 

 

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