Legal Notice

Definitions

Client: any professional or natural person capable within the meaning of articles 1123 et seq. of the Civil Code, or legal entity, who visits the Site subject to these general conditions.
Services: https://hortenseshop.com/ provides Clients with:

Content: All elements constituting the information present on the Site, including texts – images – videos.

Client information: Hereinafter referred to as "Information" which corresponds to all personal data likely to be held by https://hortenseshop.com/ for managing your account, client relationship management, and for analysis and statistics purposes.

User: Internet user connecting to and using the aforementioned site.

Personal information: "Information that allows, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom it applies" (Article 4 of Law No. 78-17 of January 6, 1978).

The terms "personal data", "data subject", "processor" and "sensitive data" have the meaning defined by the General Data Protection Regulation (GDPR: No. 2016-679)

1. Presentation of the website.

Pursuant to Article 6 of Law No. 2004-575 of June 21, 2004, for confidence in the digital economy, users of the website https://hortenseshop.com/ are informed of the identity of the various parties involved in its creation and monitoring:

Owner: Dohou Sename Hermiun – 12 route de marolles 94370 Sucy en brie affiliated as a sole trader with URSSAF under SIRET No. 88352713700011
Publication Manager: Dohou Sename Hermiun – contact@hortenseshop.com
The publication manager is a natural person or a legal entity.
Webmaster: Hortenseshop – contact@hortenseshop.com
Host: Shopify – 1600 Amphitheatre Parkway CA 94043 Mountain 0016502530000
Data Protection Officer: Dohou Sename Hermiun – contact@hortenseshop.com

2. General conditions of use of the site and the services offered.

The Site constitutes a work of intellectual property protected by the provisions of the Intellectual Property Code and applicable International Regulations. The Client may not in any way reuse, transfer, or exploit for their own account all or part of the elements or works of the Site.

Use of the https://hortenseshop.com/ site implies full and complete acceptance of the general conditions of use described below. These conditions of use may be modified or supplemented at any time, so users of the https://hortenseshop.com/ site are invited to consult them regularly.

This website is normally accessible to users at all times. However, an interruption for technical maintenance may be decided by https://hortenseshop.com/, who will then endeavor to communicate the dates and times of the intervention to users in advance. The https://hortenseshop.com/ website is regularly updated by the responsible party https://hortenseshop.com/. In the same way, the legal notices may be modified at any time: they are nevertheless binding on the user, who is invited to refer to them as often as possible to become aware of them.

3. Description of services provided.

The purpose of the website https://hortenseshop.com/ is to provide information concerning all of the company's activities. https://hortenseshop.com/ strives to provide information on the https://hortenseshop.com/ site that is as accurate as possible. However, it cannot be held responsible for omissions, inaccuracies, and deficiencies in the update, whether caused by itself or by third-party partners who provide it with this information.

All information provided on the https://hortenseshop.com/ site is for informational purposes only and is subject to change. Furthermore, the information on the https://hortenseshop.com/ site is not exhaustive. It is provided subject to modifications that may have been made since its online publication.

4. Contractual limitations on technical data.

The site uses JavaScript technology. The Website cannot be held responsible for material damage related to the use of the site. In addition, the user of the site agrees to access the site using recent equipment, free of viruses, and with an updated, latest-generation browser. The site https://hortenseshop.com/ is hosted by a service provider within the European Union in accordance with the provisions of the General Data Protection Regulation (GDPR: No. 2016-679).

The objective is to provide a service that ensures the best possible accessibility. The host guarantees the continuity of its service 24 hours a day, every day of the year. It reserves the right, however, to interrupt the hosting service for the shortest possible periods, particularly for maintenance purposes, infrastructure improvement, infrastructure failure, or if the Services generate abnormally high traffic.

https://hortenseshop.com/ and the host cannot be held responsible in the event of malfunction of the Internet network, telephone lines, or computer and telephony equipment related in particular to network congestion preventing access to the server.

5. Intellectual property and counterfeiting.

https://hortenseshop.com/ is the owner of the intellectual property rights and holds the rights of use on all elements accessible on the website, including texts, images, graphics, logos, videos, icons and sounds. Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, regardless of the means or process used, is prohibited, except with prior written authorization from: https://hortenseshop.com/.

Any unauthorized use of the site or any of the elements it contains will be considered as an infringement and prosecuted in accordance with the provisions of articles L.335-2 et seq. of the Intellectual Property Code.

6. Limitations of liability.

https://hortenseshop.com/ acts as the site editor. https://hortenseshop.com/ is responsible for the quality and veracity of the Content it publishes.

https://hortenseshop.com/ cannot be held liable for direct or indirect damage caused to the user's equipment when accessing the https://hortenseshop.com/ website, resulting either from the use of equipment that does not meet the specifications indicated in point 4, or from the appearance of a bug or incompatibility.

https://hortenseshop.com/ cannot also be held liable for indirect damages (such as, for example, a loss of market or loss of opportunity) resulting from the use of the https://hortenseshop.com/ site. Interactive spaces (possibility to ask questions in the contact area) are available to users. https://hortenseshop.com/ reserves the right to delete, without prior notice, any content posted in this space that would violate the applicable legislation in France, in particular the provisions relating to data protection. If applicable, https://hortenseshop.com/ also reserves the right to hold the user civilly and/or criminally liable, particularly in the event of messages of a racist, insulting, defamatory, or pornographic nature, regardless of the medium used (text, photograph, etc.).

7. Management of personal data.

The Client is informed of the regulations concerning marketing communication, the Law of June 21, 2014 for confidence in the Digital Economy, the Data Protection Act of August 6, 2004, as well as the General Data Protection Regulation (GDPR: No. 2016-679).

7.1 Data controllers for personal data collection

For Personal Data collected in the context of the creation of the User's personal account and their navigation on the Site, the data controller for Personal Data is: Hortenseshop. https://hortenseshop.com/ is represented by Dohou Sename Hermiun, its legal representative

As the controller of the data it collects, https://hortenseshop.com/ undertakes to comply with the framework of the legal provisions in force. It is notably the Client's responsibility to establish the purposes of its data processing, to provide its prospects and clients, based on the collection of their consent, with complete information on the processing of their personal data, and to maintain a register of processing activities that is accurate. Whenever https://hortenseshop.com/ processes Personal Data, https://hortenseshop.com/ takes all reasonable steps to ensure the accuracy and relevance of the Personal Data with regard to the purposes for which https://hortenseshop.com/ processes it.

7.2 Purpose of collected data

https://hortenseshop.com/ may process all or part of the data:

• to enable navigation on the Site and the management and traceability of services ordered by the user: connection and site usage data, invoicing, order history, etc.
• to prevent and combat computer fraud (spamming, hacking, etc.): computer equipment used for navigation, IP address, password (hashed)
• to improve navigation on the Site: connection and usage data
• to conduct optional satisfaction surveys on https://hortenseshop.com/: email address
• to conduct communication campaigns (SMS, email): phone number, email address

https://hortenseshop.com/ does not commercialize your personal data, which are therefore only used out of necessity or for statistical and analysis purposes.

7.3 Right of access, rectification, and opposition

In accordance with current European regulations, Users of https://hortenseshop.com/ have the following rights:

• right of access (Article 15 GDPR) and rectification (Article 16 GDPR), updating, completeness of User data, right to lock or erase personal User data (Article 17 GDPR), when inaccurate, incomplete, ambiguous, outdated, or whose collection, use, communication or retention is prohibited
• right to withdraw consent at any time (Article 13-2c GDPR)
• right to restriction of processing of User data (Article 18 GDPR)
• right to object to the processing of User data (Article 21 GDPR)
• right to data portability for data that Users have provided, when this data is subject to automated processing based on their consent or on a contract (Article 20 GDPR)
• right to define the fate of User data after their death and to choose to whom https://hortenseshop.com/ should communicate (or not) their data to a third party they have previously designated

As soon as https://hortenseshop.com/ becomes aware of the death of a User and in the absence of instructions from them, https://hortenseshop.com/ undertakes to destroy their data, unless their retention is necessary for evidentiary purposes or to fulfill a legal obligation.

If the User wishes to know how https://hortenseshop.com/ uses their Personal Data, requests its rectification, or objects to its processing, the User can contact https://hortenseshop.com/ in writing at the following address:

Hortenseshop – DPO, Dohou Sename Hermiun
12 route de marolles 94370 Sucy en Brie.

In this case, the User must indicate the Personal Data that they would like https://hortenseshop.com/ to correct, update, or delete, by identifying themselves precisely with a copy of an identity document (ID card or passport).

Requests for deletion of Personal Data will be subject to the obligations imposed on https://hortenseshop.com/ by law, particularly concerning the retention or archiving of documents. Finally, Users of https://hortenseshop.com/ can file a complaint with the supervisory authorities, notably the CNIL (https://www.cnil.fr/fr/plaintes).

7.4 Non-disclosure of personal data

https://hortenseshop.com/ refrains from processing, hosting, or transferring Information collected on its Clients to a country located outside the European Union or recognized as "inadequate" by the European Commission without prior notification to the client. However, https://hortenseshop.com/ remains free to choose its technical and commercial subcontractors provided that they offer sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR: No. 2016-679).

https://hortenseshop.com/ undertakes to take all necessary precautions to preserve the security of the Information and in particular to ensure that it is not communicated to unauthorized persons. However, if an incident affecting the integrity or confidentiality of Client Information is brought to the attention of https://hortenseshop.com/, the latter must promptly inform the Client and communicate the corrective measures taken. Furthermore, https://hortenseshop.com/ does not collect any "sensitive data".

The User's Personal Data may be processed by subsidiaries of https://hortenseshop.com/ and subcontractors (service providers), exclusively for the purposes of this policy.

Within the limits of their respective attributions and for the purposes recalled above, the main persons likely to have access to the data of the Users of https://hortenseshop.com/ are primarily the agents of our customer service.

8. Incident notification

Whatever efforts are made, no method of transmission over the Internet and no method of electronic storage is completely secure. Therefore, we cannot guarantee absolute security. If we become aware of a security breach, we will notify affected users so they can take appropriate action. Our incident notification procedures take into account our legal obligations, whether at national or European level. We are committed to fully informing our customers of all matters relating to the security of their account and to providing them with all necessary information to help them comply with their own regulatory reporting obligations.

No personal information of the user of the https://hortenseshop.com/ site is published without the user's knowledge, exchanged, transferred, assigned, or sold on any medium whatsoever to third parties. Only the hypothesis of the repurchase of https://hortenseshop.com/ and its rights would allow the transmission of said information to the eventual acquirer who would in turn be bound by the same obligation of conservation and modification of data with regard to the user of the https://hortenseshop.com/ site.

Security

To ensure the security and confidentiality of Personal Data and Personal Health Data, https://hortenseshop.com/ uses networks protected by standard devices such as firewalls, pseudonymization, encryption, and passwords.

When processing Personal Data, https://hortenseshop.com/ takes all reasonable measures to protect it against any loss, misuse, unauthorized access, disclosure, alteration, or destruction.

9. Hypertext links "cookies" and internet tags

The site https://hortenseshop.com/ contains a number of hypertext links to other sites, set up with the authorization of https://hortenseshop.com/. However, https://hortenseshop.com/ does not have the ability to verify the content of the sites thus visited, and therefore assumes no responsibility for this fact.

Unless you decide to disable cookies, you accept that the site may use them. You can disable these cookies at any time and free of charge using the disabling options offered to you and reminded below, knowing that this may reduce or prevent access to all or part of the Services offered by the site.

 

9.1. "COOKIES"

A "cookie" is a small information file sent to the User's browser and stored within the User's terminal (e.g., computer, smartphone), (hereinafter "Cookies"). This file includes information such as the User's domain name, the User's internet service provider, the User's operating system, as well as the date and time of access. Cookies are in no way likely to damage the User's terminal.

https://hortenseshop.com/ may process the User's information regarding their visit to the Site, such as the pages viewed and searches performed. This information allows https://hortenseshop.com/ to improve the content of the Site and the User's navigation.

Cookies facilitate navigation and/or the provision of services offered by the Site, and the User can configure their browser to allow them to decide whether or not to accept them, so that Cookies are stored in the terminal or, conversely, rejected, either systematically or according to their sender. The User can also configure their browser software so that the acceptance or refusal of Cookies is offered to them from time to time, before a Cookie is likely to be stored in their terminal. https://hortenseshop.com/ informs the User that, in this case, some functionalities of their browser software may not be available.

If the User refuses the storage of Cookies in their terminal or browser, or if the User deletes those stored there, the User is informed that their navigation and experience on the Site may be limited. This could also be the case when https://hortenseshop.com/ or one of its service providers cannot recognize, for technical compatibility purposes, the type of browser used by the terminal, the language and display settings, or the country from which the terminal appears to be connected to the Internet.

In such cases, https://hortenseshop.com/ declines all responsibility for the consequences related to the degraded operation of the Site and any services potentially offered by https://hortenseshop.com/, resulting from (i) the User's refusal of Cookies (ii) the inability for https://hortenseshop.com/ to record or consult the Cookies necessary for their operation due to the User's choice. For the management of Cookies and User choices, the configuration of each browser is different. It is described in the browser's help menu, which will allow the User to know how to modify their wishes regarding Cookies.

At any time, the User can choose to express and modify their wishes regarding Cookies. https://hortenseshop.com/ may also use the services of external providers to help it collect and process the information described in this section.

Finally, by clicking on the icons dedicated to social networks Twitter, Facebook, Linkedin and Google Plus appearing on the https://hortenseshop.com/ Site or in its mobile application and if the User has accepted the deposit of cookies by continuing their navigation on the Website or the mobile application of https://hortenseshop.com/, Twitter, Facebook, Linkedin and Google Plus may also deposit cookies on your terminals (computer, tablet, mobile phone).

These types of cookies are only placed on your terminals if you consent to them, by continuing your navigation on the Website or the mobile application of https://hortenseshop.com/. At any time, the User can nevertheless withdraw their consent for https://hortenseshop.com/ to place this type of cookies.

Article 9.2. INTERNET TAGS

https://hortenseshop.com/ may occasionally employ Internet tags (also known as "tags", action tags, single-pixel GIFs, clear GIFs, invisible GIFs, and one-to-one GIFs) and deploy them through a web analytics partner who may be located (and therefore store corresponding information, including the User's IP address) in a foreign country.

These tags are placed both in online advertisements allowing Internet users to access the Site, and on the various pages of it.

This technology allows https://hortenseshop.com/ to evaluate visitors' responses to the Site and the effectiveness of its actions (for example, the number of times a page is opened and the information consulted), as well as the use of this Site by the User.

The external service provider may eventually collect information on visitors to the Site and other websites through these tags, compile reports on the Site's activity for https://hortenseshop.com/, and provide other services related to its use and the Internet.

 

10. Applicable law and jurisdiction.

Any dispute in connection with the use of the https://hortenseshop.com/ site is subject to French law. Except in cases where the law does not allow it, exclusive jurisdiction is given to the competent courts of Créteil.