General Terms of Use
These general terms of use aim to define the terms and conditions under which:
- YML DIFFUSION makes available to individuals (hereinafter referred to as the “User”) the website hosted at www.estime-et-sens.ca
(hereinafter referred to as the “Website”) and the services associated with the Website; - the User accesses the Website and uses its services.
Any connection to the Website is subject to compliance with these General Terms of Use, without any reservation.
Definitions
In these General Terms of Use, the terms and expressions starting with a capital letter shall have the following meanings:
- “YML DIFFUSION” refers to the company YML DIFFUSION, whose legal information is provided in Article 14 of these terms.
- “Client” refers to any adult individual making, on the Website, the purchase of one or more Products offered by YML DIFFUSION, for purposes not related to their professional activity, and therefore qualifying as a consumer within the meaning of the Consumer Code.
- “Client Account” refers to the account created by a User to make the purchase of one or more Products on the Website, as described in Article 4 of these terms.
“General Terms of Use” refers to these general terms of use of the Website, applicable to all Users. - “General Terms of Sale” refers to the online general terms of sale applicable to the relationship between YML DIFFUSION and the Client.
- “Products” refers to the products offered for sale on the Website by YML DIFFUSION, as presented on the Website and described in Article 3 of these terms.
- “Website” refers to the website hosted at the following address: www.estime-et-sens.ca
- “User” refers to any person registering on and/or browsing the Website.
Acceptance of the General Terms of Use
The mere access by the User to the Website at the following URL: www.estime-et-sens.ca constitutes acceptance of all these General Terms of Use, which the User expressly acknowledges.
Purpose of the Website and Presentation of Products
YML DIFFUSION primarily offers for sale on the Website cosmetic products certified by COSMEBIO and ECOCERT, notably under the brand “ESTIME & SENS.”
The Products offered by YML DIFFUSION are presented and described specifically on the Website. The price corresponding to each Product is indicated on the Website.
The purchase by the Client of a Product offered by YML DIFFUSION on the Website constitutes full and complete acceptance of the General Terms of Sale.
Creation of a Client Account
In order to place an order for Products, the User must first create a Client Account by providing personal information.
The User who wishes to create a Client Account on the Website is informed, at the time of account creation, that they must provide personal data, which will be processed by YML DIFFUSION.
The User must update the information provided to YML DIFFUSION as necessary.
The User is solely responsible for the confidentiality of the information provided, as well as for the username and password supplied during the creation of their Client Account. They agree to take all necessary measures to ensure the confidentiality of their username and password.
Posting Reviews on Products
A User who has purchased a Product offered by YML DIFFUSION on the Website may request the publication of their review of the Product on the dedicated page of the Website. The personal data collected from the User for this purpose are necessary for YML DIFFUSION to validate the review.
The Client may, however, choose the first name or nickname under which they wish their review to be published, in order to preserve their anonymity.
The publication of a review on the Website is subject to moderation by YML DIFFUSION, which reserves the right to refuse the publication of a review or to delete any published review, particularly when the review is disrespectful, abusive, defamatory, unrelated to the Products, or intended to advertise a third-party site.
Registration on the Do-Not-Call List
YML DIFFUSION may collect telephone data from the User.
In accordance with the Consumer Code, YML DIFFUSION informs the User that they may register at any time on the do-not-call list.
Intellectual Property
The overall structure of the Website, as well as the texts, questionnaires, graphics, images, sounds, and videos it contains, are the exclusive property of YML DIFFUSION or its partners. Any representation and/or reproduction and/or partial or total use of the content and services offered by the Website, by any means whatsoever, without the prior written authorization of YML DIFFUSION and/or its partners is strictly prohibited and may constitute an infringement under the Intellectual Property Code.
The trademarks “ESTIME & SENS” and “HUMAN ESTIME & SENS” are registered trademarks of YML DIFFUSION. Any representation, reproduction, and/or partial or total use of these trademarks, of any kind, is strictly prohibited.
Photo credit: Maëva Delacroix
Processing of Personal Data
Browsing the Website may result in the recording of data considered as personal data. A User who creates a Client Account or uses certain tools offered by the Website, such as subscribing to a newsletter, submitting a contact form, or posting a review of Products, provides personal data for this purpose.
In accordance with Regulation (EU) 2016/679 (“General Data Protection Regulation,” or “GDPR”) and Law No. 78-17 of January 6, 1978, as amended, relating to data processing, files, and freedoms, the processing of personal data provided by the User in the aforementioned contexts is subject to the User’s consent at the time the data is collected by YML DIFFUSION.
Any individual whose personal data is processed by YML DIFFUSION has, in particular, the right to access, rectify, and erase their data, as well as the right to data portability, the right to restrict processing, and the right to object to the processing of their data. More detailed information is available in the YML DIFFUSION Personal Data Protection Policy, accessible on the Website.
Any request for additional information or to exercise the aforementioned rights may be sent by email to [email protected], via the contact form available on the Website, or by postal mail to: YML DIFFUSION – GDPR, 10 rue du Meunier, 44880 SAUTRON (France).
Liability of YML DIFFUSION
The information and/or documents appearing on the Website and/or accessible through the Website come from sources considered reliable. However, this information and/or these documents may contain minor technical inaccuracies and typographical errors. YML DIFFUSION reserves the right to correct them as soon as these errors come to its attention.
It is strongly recommended to verify the accuracy and relevance of the information and/or documents made available on the Website.
The information and/or documents available on the Website may be modified at any time and may have been updated. In particular, they may have been updated between the time of their download and the moment the User accesses them.
YML DIFFUSION cannot under any circumstances be held responsible for material or immaterial damage caused by the downloading or sharing of information published on the Website or the services offered.
Furthermore, YML DIFFUSION is exempt from any liability in the event of damage suffered, notably due to the loss, deterioration, or alteration of files, the transmission of viruses that could infect the User’s computer equipment or any other property during the connection and/or browsing and/or use of the Website.
YML DIFFUSION is not responsible for the malfunction of the Website or the services offered if such malfunction is due to improper use by the User. The User may even be temporarily or permanently denied access to the Website in case of non-compliance with the General Terms of Use or the General Terms of Sale.
Finally, YML DIFFUSION is not responsible for the content of blogs, forums, and other web pages on websites that include a hyperlink to the Website.
Rules for Internet Use
The User declares that they accept the characteristics and limitations of the Internet and acknowledges, in particular, that, without prejudice to the legal obligations of YML DIFFUSION regarding the Website:
(i) Data transmitted over the Internet is not protected, notably against potential misuse; the presence of the name YML DIFFUSION constitutes a simple presumption of validity. The communication of any information deemed sensitive or confidential by the User is done at their own risk;
(ii) Data transmitted over the Internet may be subject to usage regulations or protected by property rights or intellectual property rights;
(iii) The User is responsible for the use of the data they consult, query, and transfer over the Internet;
(iv) YML DIFFUSION has no means of controlling the content of services generally accessible on the Internet;
(v) The presence of viruses or any other malicious program may infect their device, which constitutes a risk accepted by the User, who therefore agrees not to hold YML DIFFUSION and/or its successors and/or its business partners liable for any damage, of any kind, that they may suffer.
Access to the Website
YML DIFFUSION strives to make the Website accessible 24 hours a day, 7 days a week, except in cases of force majeure or events beyond the control of YML DIFFUSION, and subject to possible outages and maintenance interventions necessary for the proper functioning of the Website and the services offered.
Consequently, YML DIFFUSION cannot guarantee the availability of the Website and/or the services, the reliability of transmissions, or performance in terms of response time or quality. No technical support is provided to the User, whether by electronic or telephone means.
YML DIFFUSION’s liability cannot be held in the event of an inability to access the Website and/or use the services.
Furthermore, YML DIFFUSION may interrupt the Website or part of the services at any time without prior notice, all without any right to compensation for the User. The User acknowledges and accepts that YML DIFFUSION is not responsible for interruptions and the consequences that may result for the User or any third party.
Hyperlinks
The Website may contain hyperlinks to other sites on the Internet. Links to these other resources will take you away from the Website.
It is possible to create a link to the presentation page of the Website without the express authorization of YML DIFFUSION. However, the Website should be displayed in a new browser window. YML DIFFUSION reserves the right to request the removal of any link it deems not in compliance with the purpose of the Website.
Cookies and Other Trackers
Definition
A cookie is a small file stored on the User’s computer when they browse the pages of the Website. This cookie contains a “User ID.” This “User ID” is a unique coded number that contains anonymous data and allows the identification of the pages viewed on the Website during the User’s navigation.
Prior Information and Consent Collection
When browsing the Website, information stored on the User’s device may be read and/or information related to the User’s device navigation on the Website may be recorded.
For the purposes described above, and in accordance with legal and regulatory provisions, the User must give prior consent unless these actions are exclusively intended to allow or facilitate electronic communication with the User or are strictly necessary for providing an online communication service at the User’s express request, in which case the User is informed. The User is thus informed, upon accessing the Website, through the appearance of a banner, of the purposes of the cookies or other trackers used and the means available to oppose these trackers and modify their settings.
Identification of YML DIFFUSION and Legal Notices
YML DIFFUSION’s main activity is the sale of cosmetic products.
The company YML DIFFUSION is a limited liability company with a capital of 15,000 euros, whose registered office is located at 10 rue du Meunier, 44880 SAUTRON (France), registered with the Nantes Trade and Companies Register under number 512 236 852.
Correspondence address: the above-mentionned registered office
Phone: +33 (0) 2 53 97 66 09 (local call rate)
Email address: [email protected]
VAT number: FR96 512 236 852
Publication Director: Yann MAUREL-LORE
The Website is hosted by OVH, 2 rue Kellermann, 59100 ROUBAIX, +33 (0)9 72 10 10 07.
Any complaint regarding the use of the Website, these General Terms of Use, or the reporting of inappropriate or illegal content should be sent to the following email address: [email protected]
.
General Provisions
Modification of the General Terms of Use
YML DIFFUSION reserves the right to modify, at any time and without notice, the General Terms of Use, notably to adapt them to the evolution of the Website, its operation, and/or applicable legislation.
Nullity and Interpretation of Clauses
If one or more provisions of the General Terms of Use are deemed invalid or declared as such under a law or following a final decision by a competent court, the remaining provisions shall retain their binding force.
The fact that YML DIFFUSION does not invoke a provision of the General Terms of Use at a given time cannot be interpreted as a waiver to invoke it later.
Furthermore, in accordance with Article 1189 of the Civil Code, all clauses contained in this document are to be interpreted in relation to each other, giving each the meaning that results from the document as a whole. Consequently, the User may not rely on a single clause or the interpretation they may believe to derive from it to avoid performing, in any way, the obligations to which they are subject under these terms.
Applicable Law
Both the Website, written in French, and the terms and conditions of its use, as well as the General Terms of Use, are governed by French law, regardless of the location of use or connection.
Any dispute arising regarding the formation, execution, or interpretation of these terms will be submitted to the courts under ordinary law.
For any questions regarding the General Terms of Use of the Website, the User may write to the following email address: [email protected]
