LEGAL NOTICES
Legal notices The website www.gomis.shop is published by the GOMIS company, a micro-entreprise company registered with the Paris Trade and Companies Registry under number 851 385 526, whose registered office is located at 18 rue de Bruys 13 005 Marseille. The Director of the Publications GOMIS MELANIE. The website www.gomis.shop is hosted by Squarespace Ireland Ltd, Le pole House, Ship Street Great, Dublin 8, Ireland. Squarespace Ireland Ltd is a limited liability company registered in Ireland under number 527641, TVA # IE 3041081MH.
TERMS & CONDITIONS
General Terms and Conditions of Use of the website www.gomis.shop
Version dated 01 February 2021
Article 1. Subject
The present General Terms of Use (hereafter "GTCU") define the terms of access, navigation and use of the website www.gomis.shop (hereafter the "Site"). They are concluded between any Internet user (hereinafter the "User" or "you") and the Site, published by the company GOMIS (hereinafter the "Company" or "you"GOMIS ). The term "use" covers all operations carried out by the User upon accessing the Site, including simple consultation, regardless of the access device, type and place of connection.
Article 2. Acceptance and updating of the TOS
By browsing the Site, you are deemed to have read the TOS and accept them without reservation.
GOMIS reserves the right to modify, update or develop these Terms and Conditions of Use at any time in order to adapt them to legislative and regulatory changes or to update the functionalities of the Site. Any modification will be the subject of information on the Site. The applicable conditions are those in force on the Site at the time of its use.
Article 3. Services offered by the website www.gomis.shop
The Site notably allows the User to discover the company GOMIS's activity, to access and subscribe to the newsletter "GOMIS", and to make purchases according to the terms and conditions provided by the Site's General Terms of Sale.
GOMIS products (hereafter the “Products”) are exclusively intended to be sold to end consumers, natural persons or end customers legal entities, excluding all resellers or intermediaries acting on behalf of resellers (hereafter the “Customers”). Consequently, the Customer represents that he/she/it is acting as end consumer and that he/she/it has no intention of reselling the Products for commercial purpose.
Errors or modifications can exceptionally occur, notably in the event of simultaneous orders of the same Product by several Customers.
In the event the Product is found unavailable after placing the order, GOMIS shall inform the Customer by e-mail or by telephone as soon as possible, by offering that he/she/it either order another Product available on the Website as a replacement, or cancels his/her/its order at no cost.
GOMIS shall not be held liable in the event of stock shortage or unavailability of Products for orders not yet accepted by GOMIS.
GOMIS reserves the right to change at any time and without prior notice the Products offered on the Website.
To ensure a better quality of service and availability of its Products with all of its online Customers, GOMIS reserves the right to limit the quantity of Products that can be bought by a given Customer, this in accordance with the provisions applicable on the matter and notably those of Article L.121-11 of the French Consumer Code.
Although all efforts are made to ensure that the colour and pattern of the Products whose photos are displayed on the Website are faithful to the original Products, variations may occur, notably due to the technical limitations of colour reproduction on the Customer’s computer equipment. Consequently, GOMIS cannot be held liable for non-substantial errors or inaccuracies of photographs or graphic representations of Products appearing on the Website.
GOMIS reserves the right not to accept an order from a Customer with whom it is in a dispute for a previous order, or if GOMIS reasonably considers that this Customer has infringed these T&Cs or that he/she/it has been engaged in a fraudulent activity, or for any other legitimate reason.
Article 4. Navigation, guarantee and accessibility to the service.
You can access any page of the Site free of charge.
You have the choice to create or not a customer account in order to make your purchases according to the systems of pre-order and order of products in stock, to follow the stages of manufacture of the pre-ordered parts as well as their delivery, to manage your returns and complaints.
The creation of this account is in no way necessary to access and navigate on the Site.
GOMIS strives to constantly maintain access to the Site and its proper functioning.
For maintenance and updating purposes, access to the site may be temporarily suspended without notice. GOMIS No liability can be accepted in the event of an interruption of access due to these operations.
Likewise, GOMIS we cannot be held responsible for difficulties or impossibilities of access to the Site due to external circumstances, in particular disturbances linked to telecommunication networks or our hosting providers.
Article 5. Obligations of the user
You agree not to use or allow the abusive, illegal, fraudulent or malicious use of the Site.
In particular, the following are prohibited:
- Any behaviour likely to interrupt, suspend, slow down, prevent access to the Site or impose a disproportionate burden on our infrastructure;
- Any intrusion or attempted intrusion into our systems (hacking, introduction of malicious code, extraction and illegal collection of data, including personal data of Site users, breach of security and authentication measures, etc.) ;
- Extraction and/or use of information contained on the Site for commercial purposes or in excess of normal private use.
Article 6. Intellectual property rights - Trademark law
The website as a whole as well as all its the elements, in particular its structure, design, interfaces, databases, texts, digital content, trademarks, images, videos, music, all graphic elements, are the exclusive property of GOMIS.
This content is protected by the provisions of the Intellectual Property Code and by the European and international regulations in force applicable to intellectual property.
Any reproduction, representation or distribution of all or part of the Site or of one of its elements, in whole or in part, in any form whatsoever, without the express and prior authorisation of GOMIS, is likely to constitute an infringement, an offence provided for and punishable in particular by articles L. 335-2 and following of the Intellectual Property Code.
However, it is possible to reproduce or broadcast a short extract for private, non-commercial use.
"GOMIS is a brand registered with the Institut National de la Propriété Intellectuelle under number 4645875, that protects it under Article L.713-1 and following of the Intellectual property code. In application of article L.716-1 of the same code, any infringement of the rights of the company GOMIS, owner of the GOMIS trademark, shall constitute an infringement for which the author shall be held liable.
Article 7. Responsibility
The consultation and use of the website is under your entire responsibility.
GOMIS can therefore not be held liable for any damage that may result from your access to the website and the use you make of it.
The Site may host hypertext links to third party websites.
By clicking on these links, you acknowledge that GOMIS cannot guarantee their content and you agree to accessing them at your own risk.
GOMIS can therefore not be held liable for any damage, direct or indirect, resulting from access and/or use of the content, data or information accessible from these hyperlinks.
You acknowledge and accept that the Internet network may involve risks during the transmission of data related to the lack of protection against hijacking, bugs, anomalies, failures, viruses.
GOMIS shall not be held liable for any malfunction, loss or alteration of data, damage caused to the User's computer or any damage resulting from fraudulent acts of third parties.
Article 8. Miscellaneous provisions
These GTCU came into force on 01st February 2021.
In the event that one or more stipulations of these GTCU are deemed unwritten or declared null and void, they shall remain applicable in all their other provisions provided that the general scheme of the contract is not disrupted.
Article 9. Dispute settlement and applicable law
These GTCU are governed by French law.
Any dispute relating to theseG TCS will be submitted to the materially and territorially competent French jurisdiction.
In accordance with Articles L.612-1 and the following ones of the Consumer Code, provided that you have previously sent a written complaint to GOMIS, you have the right to use a consumer mediator free of charge for the amicable resolution of a dispute between you and GOMIS.
You can send this prior complaint by mail to GOMIS 18, rue de Bruys- 13 005 Marseille or by email to contact@gomis.shop
Given the nature of the activity of GOMIS, you may have resort for free to the MEDICYS mediator (www.medicys-consommation.fr), referenced by the Commission d'Evaluation et de Contrôle de la Médiation de la Consommation (CECMC) as a consumer mediator.
If you do not make a prior written complaint to GOMIS, or if the request is clearly unfounded or abusive, if the dispute has been previously examined or is being examined by another mediator or by a court, if you have submitted your request to the mediator within more than one year from the date of your written complaint to GOMIS, or if the dispute does not fall within the mediator's jurisdiction, it will not be possible to study it.
You will then be informed by the mediator, within three weeks of receiving your file, that your request for mediation has been rejected.
In accordance with Article 14.1 of Regulation (EC) No 524/2013 of the European Parliament and of the Council of 21 May 2013, you can also access the European Union's Online Dispute Resolution (ODR) platform at the following address
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR
PRIVACY POLICY AND PROTECTION OF PERSONAL DATA
The GOMIS company offers ready-to-wear items for sale on its website www.gomis.shop according to a system of ’pre-order’, the products are made to order.
Within the framework of its activity, GOMIS collects users personal data on its website.
GOMIS commits to ensuring that the collection and processing of this type of data carried out on the www.gomis.shop website complies with the European Regulation EU n°2016/679 known as the General Data Protection Regulation (hereafter "GDPR") and Law n°78-17 from 6th January 1978 known as "Informatique et Libertés".
GOMIS reserves the right to modify this Privacy Policy at any time in order to comply with applicable legislative and regulatory changes.
Some services may be altered or inaccessible without agreeing to the collection of the data mentioned in this Privacy Policy.
This Privacy and Personal Data Protection Policy is fully part of GOMIS's General Terms and Conditions of Use and the General Terms and Conditions of Sale.
1. Who is the processing manager?
The processing manager, who collects personal data and carries out the processing of such data is :
- GOMIS, artisan (code:1300), principal activity ‘Fabrication de vêtement de dessus) registered with the INSEE Provence Alpes côte d’Azur, Register under number 890 169 451 00014, whose registered office is located at 18 rue de Bruys, 13 005, Marseille.
2. What personal data is collected by GOMIS and why?
GOMIS is led to collecting several types of personal data from users of the www.reuni.co website.
GOMIS commits to collecting data that is strictly adequate, relevant and limited to what is necessary for the specified, explicit and legitimate processing purposes for which they are intended.
GOMIS commits to processing the data collected in a lawful, fair and transparent manner and in accordance with the purposes of processing as provided for in Article 6 of the GDPR.
User's contact details:
Data filled in when subscribing to the GOMIS newsletter : email address
◦ Purpose: to send you newsletters so that you can follow the products under development, be informed about events organized by GOMIS, future launches and our news and discount.
◦ Legal processing basis: your consent
Data filled in during the creation of a customer account and during a purchase without creating an account: email address, first name, last name, date of birth, billing and delivery postal addresses, mobile phone number, password.
◦ Purpose: we need it to create and manage your GOMIS customer account, to process your orders, complaints, withdrawals and returns.
◦ Legal processing basis: the execution of the sales contract agreed between you and GOMIS
User Personal data:
Data filled during the creation of the customer account and the pre-ordering process (clothes and shoes size):
◦ Purpose: to offer and sell you clothes adapted to your needs.
◦ Legal processing basis: the execution of the sales contract agreed between you and GOMIS
Data collected through exchanges with the GOMIS customer department (information, order tracking, delivery, returns, maintenance, satisfaction, product defects, etc.).
◦ Purpose: GOMIS after-sales services
◦ Legal processing basis: the execution of the sales contract agreed between you and GOMIS
Transaction data:
Data filled in when placing an order and returning a product (surname, first name, billing and delivery postal addresses, telephone number, email address, information on the payment means)
◦ Purpose: pre-ordering, completion of transactions, deliveries and returns
◦ Legal basis for processing: the execution of the sales contract agreed between you and GOMIS, and compliance with our legal obligations
Browsing data :
Data automatically collected during the user's navigation on the www.gomis.shop website (date, connection and/or navigation time, browser type, browser language, IP address, location and geolocation data)
◦ Purpose: implementation of the GTCU, safety and internal statistics
◦ Legal processing basis: GOMIS's legitimate interest to offer you services adapted to your needs and comply with our legal obligations
In all cases where the processing depends on your consent, you may withdraw it at any time. Such withdrawal does not jeopardise the lawfulness of the previous processing operation.
The data relating to the means of payment (credit card number, expiry date, visual cryptogram, security code) are collected directly by our service providers STRIPE and PAYPAL.
GOMIS does not have access to data related to your payment means .
In order to ease your future purchases, and after GOMIS has obtained your express consent, you may choose to save your banking data after the transaction in your customer account.
You can change or delete the backup of these bank details in your customer account at any time.
3. Cookies
During your browsing on the GOMIS website, information relating to the browsing of your device may be recorded by means of files called "cookies" or "tracers", provided that you have expressly agreed to this beforehand.
As soon as you access the website, you are informed that they exist and you are asked whether you accept them or not.
By clicking on "I accept", you agree that this browsing information will be saved on the www.gomis.shop website. Your agreement will then be valid for 13 months. Afterwards, GOMIS will ask for your consent again.
If you refuse the cookies or delete them, we inform you that you will no longer be able to benefit from the functionalities for which they are necessary.
These cookies are only intended to facilitate your customer experience on the GOMIS website (saving your shopping basket and automatic connection to your customer account) and to measure the traffic on our website.
GOMIS does advertising re-targeting.
4. Who are the service providers who have access to your data?
Your personal data will not be disclosed, transferred or sold to third parties under any circumstances.
Your data may be transferred to trusted service providers, whose services we use to provide you with ours.
Your data may also be disclosed to third parties if GOMIS is required to do so by law, court order or judicial requisition.
Service provider identity
SQUARESPACE
STRIPE
PAYPAL
UPS / DHL / FEDEX
PACKLINK
GODADDY
Service provided
Hosting of the www.gomis.shop website
Online payment
Online payment in several installments
Online payment
Preparation and delivery of orders to carriers
Management of logistics information
Transport and delivery of your GOMIS items
Emailing management tool (GOMIS newsletter)
In addition, your data may be communicated to third parties if GOMIS is required to do so by law, by a court decision or a judicial requisition.
5. What are your rights?
In accordance with Articles 14 to 22 of Regulation n°2016/679 from 27th April 2016, any physical person using the www.gomis.shop website has the right to access to his/her personal data, to rectify them, as well as, in certain cases and/or under certain conditions, to erase the data, to have access to portability, to limit their processing and to object to their processing.
In accordance with Article 85 of the French Data Protection Act of 6th January 1978, you may also define guidelines for the storage, deletion and communication of your data after your death.
You may exercise all these rights by contacting the GOMIS customer service department at the following e-mail address help@gomis.shop or by post at the following address:
GOMIS
18 rue de BRUYS
13 005
MARSEILLE
In case of reasonable doubts about your identity in the exercise of these rights, GOMIS may ask you to justify them.
If no reply is received within one month of receipt of the application, unless an extension is duly notified, or if there is no satisfactory reply from GOMIS, you may lodge a complaint with the competent supervisory authority.
In France, this claim should be sent to the Commission Nationale Informatique et Libertés (CNIL) by mail to 3 Place de Fontenoy - TSA 80715 - 75334 Paris Cedex 07 or on its website www.cnil.fr.
6. Methods and duration of data retention
The data collected shall be kept in a form which permits identification of people involved for no longer than is necessary for the purposes for which the data is processed.
In all cases where the processing of personal data is based on your consent, it will be kept until you withdraw it.
The data on your customer account (surname, first name, email address, password, billing and delivery postal addresses, mobile phone number, date of birth, size of clothes and shoes) are kept for a period of three years from the last order placed on the GOMIS website.
The data filled in when making a purchase without creating a customer account is kept for the time necessary for the execution of the contract.
In accordance with Article L.123-22 of the French Trade Code, the data relating to the transactions filled in when placing an order and returning a product will be kept for accounting purposes for a period of 10 years from the close of the financial year involved.
GOMIS commits to taking all necessary precautions to ensure appropriate security of the personal data we hold.
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If you have any questions about this Privacy and Data Protection Policy, please do not hesitate to contact us by mail or at info@gomis.shop