Article 1 – Definitions and Scope of Application
“MENISSEZ” means MENISSEZ, Société Maison Menissez S.A.S., located at Parc d’Activités de Gréveaux Les Guides N°3, BP 21038, Feignies 59606 Maubeuge Cedex, France.
“Site” means https://www.menissez.fr/ and any variation of that domain name.
“User” means any natural or legal person who accesses and/or uses the Site.
“Content” means all elements present on or made available through the Site, including text, fonts, illustrations, images, presentation documents, videos, etc.
“Product(s)” means any goods offered for sale or rental on the Site.
These terms and conditions govern access to and use of the Site. Each time the User accesses and/or uses the Site, they unreservedly accept these terms and conditions and agree to comply with all applicable legal and regulatory requirements.
MENISSEZ reserves the right to adapt or amend these terms and conditions at any time. In the event of modification, the version in force on the date of the User’s first access and/or first use of the Site shall apply
Article 2 – Intellectual and Industrial Property Rights
The Content of the Site is the exclusive property of MENISSEZ or third parties from whom MENISSEZ holds a licence.
MENISSEZ and the MENISSEZ logo appear on the Website and/or Content and are registered trademarks owned by MENISSEZ. The user undertakes not to use, reproduce, or distribute the Content of the Website and/or the trademarks owned by MENISSEZ in any way whatsoever, except with the prior written authorization of MENISSEZ and, where applicable, by taking the initiative to mention that they are the exclusive property of MENISSEZ.
Article 3 – User Responsibility.
The User undertakes to access and use the Site solely for the purpose of preparing, evaluating, and/or ordering Products or services provided by MENISSEZ, and in a manner consistent with public order, morality, and the rights of third parties.
The User agrees not to commit any act that could compromise the IT security of MENISSEZ or of other Users, and not to interfere with or disrupt the normal functioning of the Site. The User is responsible for implementing sufficient security procedures and virus controls to meet their specific requirements for data protection.
Interactive areas are available on the Site, enabling Users to submit questions or comments. The User agrees not to post any content that is illegal, obscene, defamatory, or abusive.
MENISSEZ reserves the right to remove such content without prior notice, and may hold the User liable under civil and/or criminal law.
Without prejudice to any other rights under these terms, MENISSEZ may suspend or deny the User access to the Site in the event of a breach of these terms and conditions.
Article 4 – Responsibility of MENISSEZ
MENISSEZ undertakes to use its best efforts to secure access to and use of the Site in accordance with standard Internet practices.
MENISSEZ strives to provide accurate Content; however, MENISSEZ cannot be held liable for indirect or immaterial damages, including financial or commercial loss, loss of customers, loss of turnover, loss of profit, or loss of opportunity arising from access to and/or use of the Site and its Content.
The User is informed that access to the Site may be temporarily interrupted for technical reasons, including maintenance. The User accepts such interruptions and waives any claims relating to them.
MENISSEZ does not endorse or certify any third party website and shall not be held liable for any such websites.
Article 5 – Use of Cookies
The MENISSEZ Site uses cookies when the User accesses and/or uses the Site to distinguish one User from another.
WHAT IS A COOKIE?
Cookies are small information files sent to the User’s browser and stored on their device (computer, mobile phone, tablet, etc.). These files (“Cookies”) may contain information such as domain name, ISP, operating system, and date/time of access.
Cookies allow MENISSEZ to improve the Content and User experience. They do not damage the User’s device.
For an optimal experience, MENISSEZ recommends configuring devices to accept cookies.
In order to optimize the User’s experience on the Site and to enable them to benefit from certain personalized features, MENISSEZ recommends that the User’s computer, tablet, mobile phone, and/or any other device be configured to accept cookies
WHAT TYPES OF COOKIES DOES MENISSEZ USE ON ITS WEBSITE?
Essential Cookies:
These are all Cookies that are essential and necessary for the proper functioning of the Website. These include Cookies that allow Users to access the Website, log in to their account, and use the Website’s features.
These Cookies do not collect any information about the User, which is in no way used for marketing purposes or shared and sold to third parties.
Functional cookies :
These Cookies enable Users to improve their experience on the Website and access personalized browsing. These are all cookies that remember the choices made by the User and, in particular, enable the actions performed by the User to be stored so that when the User leaves the Website and reconnects, they can resume using the Website without losing this information.
All information collected by functional cookies is used solely for the purpose of improving the functioning of the Website.
Disabling them may result in the Website not functioning properly.
Tracking and analytics cookies :
They consist of various tools that analyze how the site is used in order to better understand user behavior and improve their experience.
Disabling them may limit the use of the Site.
Targeting cookies :
These cookies display advertising banners that may be of interest to the User. They enable the targeting of these advertising campaigns to be redefined in order to display more relevant content to each User.
Disabling them may make browsing the Site more difficult.
WHAT ARE USERS’ RIGHTS?
The User has the right to access, withdraw, and modify personal data communicated via Cookies (more information on the CNIL website: “https://www.cnil.fr”). The User may also block Cookies by activating the setting on their browser that allows them to refuse all or certain Cookies.
If the User refuses to accept cookies on their device, or if the User deletes those that are stored there, the User is informed that their browsing of the Website may be limited.
Where applicable, MENISSEZ declines all responsibility for any consequences related to the functioning of the Site and any services offered by MENISSEZ, resulting from:
(i) the User’s refusal of Cookies, and/or (ii) the impossibility for MENISSEZ to record or consult the Cookies necessary for their functioning due to the User’s refusal of cookies.
Article 6 – Protection of personal data
The data entrusted to MENISSEZ by any User and/or generated during the User’s visit to the MENISSEZ website is essentially personal data, as defined in Article 4 of Regulation (EU) 2016/679 of April 27, 2016 (the “GDPR”).
A. WHY DOES MENISSEZ PROCESS THIS DATA?
Essentially in order to enable navigation of the Site, manage its contractual relationships, and comply with its legal obligations. Purposes MENISSEZ only collects personal data necessary for the User to access and use the Site, as well as for its improvement.
MENISSEZ may also process this data in order to establish and manage any contractual relationships with the User, particularly in connection with the purchase of Products.
Data may also be collected and stored in order to comply with MENISSEZ’s legal obligations.
Categories of data
This may include the following data: surname, first name, home address or place of residence, telephone and fax numbers, email address, bank account number, usernames, passwords, logins, and login dates.
Recipients of the data
The communication of data to MENISSEZ group companies, suppliers, external service providers, and/or
consultants may be necessary for the performance of its mission.
They are transmitted to the tax authorities. They may be transmitted to MENISSEZ’s legal counsel, a
bailiff, or any representative of the State in the event of legal recovery.
Shelf life
The data will be retained for a period consistent with MENISSEZ’s legal and regulatory obligations.
Purposes
Data provided by the User and data received from third parties concerning the User may be processed for the purpose of promoting MENISSEZ’s services through direct marketing.
Categories of data
This may include the following data: last name, first name, occupation, telephone and fax numbers, postal address, and email address.
Consent
The User has consented or explicitly consents to MENISSEZ using the data entrusted to it for promotional and direct marketing purposes.
The User may withdraw their consent at any time by sending an email to “CONTACT@MENISSEZ.COM,” without this affecting the lawfulness of previous processing.
Recipients of the data
MENISSEZ may be required to share this data with MENISSEZ companies, suppliers, external service providers, external sales representatives, distributors, resellers, and/or consultants, to which the User expressly agrees.
Shelf life
This data is stored for this purpose until the User requests MENISSEZ to stop processing it or, in any event, for up to 5 years after the last contact with the User.
OR EVEN MAINTAIN THE FACILITIES IN MENISSEZ
IT maintenance – MENISSEZ subcontractors responsible for IT infrastructure, its management program, and the creation and maintenance of its website and extranet may access User data to the extent strictly necessary for the performance of their respective tasks.
B. LOCATION OF DATA
The data is stored exclusively on servers located within the EU. It will not be transferred to a country that does not offer an adequate level of protection, unless the processing requires the sharing of information with service providers, suppliers, or distributors in countries other than EU member states. In this case, MENISSEZ will ensure that appropriate safeguards are in place for this transfer.
C. WHAT ARE THE USER’S RIGHTS?
Information
This right is fulfilled by means of this document. If the data processed includes data relating to the User’s personnel, the User undertakes to ensure that they are made aware of this document.
Access and rectification
The User has the right to access their data and have it rectified if necessary.
Objection
The User may object to the processing of their data by MENISSEZ on the basis of its legitimate interest.
Withdrawing consent
When data is processed based on the User’s consent, the User may withdraw this consent at any time, without this affecting the processing that has already taken place.
Erasure
The User may obtain the erasure of their data or the restriction of processing under the conditions set out in Articles 17 and 18 of the General Data Protection Regulation.
Portability
The data provided may be communicated to the User or transmitted to another data controller in electronic format.
Security
D. CONTACT POINT
The data controller (MENISSEZ) and its data protection officer (contact@menissez.com), where applicable, are available to answer any questions Users may have and, upon proof of identity, to respond to any requests relating to the rights set out above.
If the User requires further information or wishes to make a complaint, they may contact the CNIL (3 Place de Fontenoy – TSA 80715 – 75334 PARIS CEDEX 07, Tel: +33 1 53 73 22 22, Monday to Thursday from 9 a.m. to 6:30 p.m. / Friday from 9 a.m. to 6 p.m. – Fax: +33 1 53 73 22 00, https://www.cnil.fr).
Article 7 – Applicable law and jurisdiction
These general terms and conditions of use are subject to French law.
Any dispute relating to the validity, interpretation, or enforcement of these general terms and conditions of use shall be subject to the exclusive jurisdiction of the courts of Douai.
Article 8 – Severability
The potential illegality or invalidity of any article, paragraph, or provision (or any part of an article, paragraph, or provision) shall in no way affect the legality and validity of the other articles, paragraphs, or provisions of these terms and conditions of sale, nor the remaining parts of that article, paragraph, or provision.
In such a case, the Parties shall replace the illegal or invalid article, paragraph, or provision, or the part thereof, with a legal and valid article, paragraph, or provision that, to the greatest extent possible, produces legal and/or economic effects similar to those originally intended by the Parties when entering into the contract.