GENERAL CONDITIONS OF SALE AND USE
This website is operated by OVHcloud under the name Blackissime. On this website, the terms "we", "us" and "our" refer to Blackissime as the provider of this website, including all information, tools and services available to you, the user, subject to your acceptance of all the conditions. , policies and notices set forth herein.
By visiting this site and/or purchasing any of our products, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms and Conditions", "Terms and Conditions", including the additional terms, conditions and policies mentioned herein and/or accessible by hyperlink. These terms and conditions of sale and use apply to all users of this site, including, but not limited to, users who browse the site, who are suppliers, customers, merchants and / or contributors of content.
All new features and tools that will be added to this store in the future will also be subject to these terms and conditions of use. You can review the most current version of the terms and conditions of use at any time on this page. We reserve the right to update, modify or replace any part of these Terms and Conditions by posting updates and/or changes on our website. It is your responsibility to check this page periodically to see if any changes have been made. Your continued use of or access to the Website following the posting of any changes constitutes your acceptance of those changes.
Our shop is hosted on OVHcloud They provide us with the e-commerce platform that allows us to sell you our products and services.
ARTICLE 1 - CONDITIONS OF USE OF OUR ONLINE STORE
By accepting these terms and conditions of sale and use, you represent that you have reached the age of majority in your country, state or province of residence, and that you have given us your consent to allow any minor in your care to use this website.
The use of our products for any illegal or unauthorized purpose is prohibited and you must also not, by using the Service, violate any laws of your jurisdiction (including, but not limited to, copyright laws).
You must not transmit any worms, viruses or other code of a destructive nature.
Any breach or violation of these Terms and Conditions will result in the immediate termination of your Services.
ARTICLE 2 - GENERAL CONDITIONS
We reserve the right to deny access to the Services to any person at any time, for any reason whatsoever.
You understand that your content (excluding your credit card information) may be transferred unencrypted, and this includes (a) transmissions over various networks; and (b) changes to comply with and adapt to technical requirements for connecting networks or devices.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service or use of the Service, or any access to or contact on the Website, through which the Service is provided, without our express prior written permission.
The headings used in this Agreement are included for your convenience and will not limit or affect these Terms.
ARTICLE 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if the information available on this site is not accurate, complete or up-to-date. The content of this site is provided for informational purposes only and should not be your sole source of information for making decisions without first consulting the sources of information.
This site may contain certain prior information. This prior information, by its nature, is not up to date and is provided for information purposes only. We reserve the right to change the content of this site at any time, but we have no obligation to update the information on our site. You agree that it is your responsibility to monitor changes to our site.
ARTICLE 4 - CHANGES IN SERVICE AND PRICES
The prices of our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (and any part or content of the Service) without notice.
We will not be liable to you or any third party for any price change, suspension or interruption of the Service.
ARTICLE 5 - PRODUCTS OR SERVICES (if applicable)
Some products or services may be available exclusively online on our website. These products or services may be available in limited quantities and may only be returned or exchanged in accordance with our return policy.
We have done our best to display as clearly as possible the colors and images of our products that appear in our shop. We cannot guarantee that the display of colors on your computer screen will be accurate.
We reserve the right, but are not obligated, to limit sales of our products or services to any person in any geographic area or jurisdiction. We can exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service we offer. All product descriptions and product prices are subject to change at any time without notice, at our sole discretion. We reserve the right to stop offering a product at any time. Any service or product offer on this site is void where prohibited by law.
We do not warrant that the quality of any products, services, information or other goods you have obtained or purchased will meet your expectations, nor do we warrant that any errors in the Service will be corrected.
ARTICLE 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, reduce or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or from the same customer account, credit card and/or orders using the same billing and/or shipping address. In the event that we change or cancel an order, we may attempt to notify you by contacting you at the email address and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, may appear to come from merchants, resellers or distributors.
You agree to provide current, complete and accurate order and account information for all orders placed through our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you if necessary.
For more details, please see our return policy.
ARTICLE 7 - OPTIONAL TOOLS
We may give you access to third-party tools over which we have no tracking, control or influence.
You acknowledge and agree that we provide access to these tools on an "as is" and "as available" basis, without any warranties, representations or conditions of any kind and without any endorsement. We will have no legal liability arising out of or in connection with the use of these optional third-party tools.
If you use the optional tools offered on the Site, you do so at your own risk and discretion, and you should review the terms and conditions under which such tools are offered by the relevant third-party provider(s).
We may also offer new services and/or features on our site (including new tools and resources) in the future. These new features and services will also be subject to these terms and conditions of sale and use.
ARTICLE 8 - THIRD PARTY LINKS
Certain content, products and services available through our Service may include material from third parties.
Third-party links on this site may redirect you to third-party websites that are not affiliated with us. We are under no obligation to review or evaluate the content or accuracy of such sites, and we do not warrant or assume any responsibility for any content, website, product, service or other material accessible on or from such third-party sites.
We are not responsible for any harm or damages related to the purchase or use of goods, services, resources, content or any other transaction made in connection with such third-party websites. Please read the policies and practices of third parties carefully and make sure you understand them before you engage in a transaction. All complaints, claims, concerns or questions regarding the products of these third parties should be directed to the same third parties.
ARTICLE 9 - COMMENTS, SUGGESTIONS AND OTHER PROPOSALS FROM USERS
If, at our request, you submit specific content (for example, to participate in contests), or if without our request, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by mail, or otherwise (collectively, "Comments"), you grant us the right, at any time and without restriction , to modify, copy, publish, distribute, translate and otherwise use in any media the Comments you send us. We are not and will not be required to (1) maintain the confidentiality of any comments; (2) pay compensation to anyone for the Comments provided; or (3) respond to any comments.
We may, but have no obligation to monitor, edit or remove content that we believe, in our sole discretion, is unlawful, offensive, threatening, abusive, defamatory, libelous, pornographic, obscene or otherwise objectionable, or infringes any intellectual property or these Terms and Conditions.
You agree to write comments that do not violate the rights of third parties, including copyrights, trademarks, privacy, personality or other personal or proprietary rights. You also agree that your comments will not contain any illegal, defamatory, offensive or obscene content, nor will they contain any computer viruses or other malware that could in any way affect the operation of the Service or any associated website. You may not use a false email address, pretend to be someone you are not, or attempt to mislead us and/or third parties as to the origin of your comments. You are solely responsible for all comments you post and their accuracy. We assume no responsibility and disclaim any liability for any comments you or any message from any third party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
From time to time, there may be information on our site or in the Service that may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, product shipping costs, delivery times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders, if any information on the Service or on any associated website is inaccurate, at any time and without notice (including after placing your order).
We have no obligation to update, modify or clarify any information in the Service or on any related website, including, but not limited to, pricing information, except as required by law. No fixed date of update or update in the Service or on any other related website shall be relied upon to conclude that the information contained in the Service or on any other related website has been modified or updated.
ARTICLE 12 - PROHIBITED USES
In addition to the prohibitions set forth in the terms and conditions of sale and use, you are prohibited from using the site or its content: (a) for illegal purposes; (b) to incite others to commit or participate in illegal acts; (c) to violate any state, federal, provincial or international law, rule or regulation; (d) to infringe or violate our intellectual property rights or those of any third party; (e) harass, abuse, insult, harm, defame, slander, slander, disparage, intimidate or discriminate against anyone on the basis of gender, sexual orientation, religion, ethnic origin, race, age, national origin or disability; (f) submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in a manner that impairs the functionality or operation of the Service or any related, independent or Internet website; (h) to collect or track the personal information of others; (i) to spam, phish, hijack a domain, extort information, browse, search or analyze the Web (or any other resource); (j) for obscene or immoral purposes; or (k) to violate or circumvent the security measures of our Service, any other website or the Internet. We reserve the right to terminate your use of the Service or any associated website for violation of prohibited uses.
ARTICLE 13 - EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
We do not warrant or make any representation that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time, we may remove the Service for indefinite periods or cancel the Service at any time without notice.
You expressly agree that your use of or inability to use the Service is at your own risk. The Service and all products and services provided to you through the Service are (unless expressly stated otherwise by us) are provided to you "as is" and "as available" for your use without representation, warranty or condition of any kind, either express or implied, including all implied warranties of merchantability or merchantability , fitness for a particular purpose, durability, title and non-infringement.
In no event shall Blackissime, our directors, officers, employees, affiliates, agents, subcontractors, interns, suppliers, service providers and licensors be liable for any injury, loss, claim or direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, but not limited to, loss of profits, loss of revenue , loss of savings, loss of data, replacement costs or any other similar damage, whether in contract, tort (including negligence), strict liability or otherwise, arising out of your use of any service or product of the Service, or in respect of any other claim relating in any way to your use of the Service or any product , including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind arising out of your use of the Service or any content (or product) posted, transmitted or otherwise made available through the Service, even if you have been advised of the possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability will be limited to the maximum extent permitted by law.
ARTICLE 14 - REMUNERATION
You agree to indemnify, defend and hold Blackissime, our parent company, subsidiaries, affiliates, partners, officers, directors, agents, subcontractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, charged by any third party due to or arising out of your violation of these Terms and Conditions of Sale and Use or the materials to which they refer, or your violation of any law or the rights of a third party.
ARTICLE 15 - SEVERABILITY
In the event that any provision of these Terms and Conditions of Sale and Use is found to be illegal, invalid or unenforceable, that provision may nevertheless be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions of Sale and Use, such separation shall not affect the validity and enforceability of the remaining provisions.
ARTICLE 16 – TERMINATION
The obligations and liabilities incurred by the parties prior to the termination date shall survive the termination of this Agreement for all purposes.
If we determine, in our sole discretion, that you fail, or if we suspect that you have not been able to comply with the terms of these Terms and Conditions, we may also terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination, and/or we may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
Any failure by us to exercise or enforce any right or provision of these Terms and Conditions of Sale and Use shall not constitute a waiver of such right or provision.
These terms and conditions of sale and use or any other policies or operating rules that we post on this site or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, and supersede all of the foregoing and contemporary communications, proposals and agreements , whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions of Sale and Use).
Any ambiguity as to the interpretation of these General Terms and Conditions of Sale and Use shall not be interpreted to the detriment of the drafter.
ARTICLE 18 – APPLICABLE LAW
These terms and conditions of sale and use and any other separate agreement by which we provide services to you shall be governed by and construed in accordance with the laws in force in France.
ARTICLE 19 – CHANGES TO THE GENERAL CONDITIONS OF SALE AND USE
You can consult at any time the most recent version of the General Conditions of Sale and Use on this page.
We reserve the right, in our sole discretion, to update, modify or replace any part of these terms and conditions of sale and use by posting updates and modifications on our site. It is your responsibility to visit our site regularly to check for changes. Your continued use of or access to our site following the posting of any changes to these terms and conditions of sale and use constitutes acceptance of those changes.
ARTICLE 20 – CONTACT DETAILS
Questions regarding the terms and conditions of sale and use should be sent to contact@Blackissime.fr.
SECTION 1 – PERSONAL INFORMATION COLLECTED
When you make a purchase in our store, as part of our buying and selling process, we collect the personal information you provide to us, such as your name, address and email address.
When you browse our store, we also automatically receive the Internet Protocol (IP) address of your computer, which allows us to get more details about the browser and operating system you are using.
Email Marketing (if applicable): With your permission, we may send you emails regarding our store, new products, and other updates.
ARTICLE 2 – CONSENT
How do you get my consent?
When you provide us with your personal information to complete a transaction, verify your credit card, place an order, schedule a delivery or return a purchase, we assume that you consent to the collection and use of your information for that purpose only.
If we ask you to provide us with your personal information for any other reason, for example for marketing purposes, we will directly ask for your express consent, or we will give you the opportunity to opt out.
How do I withdraw my consent?
If, after giving us your consent, you change your mind and no longer consent to us contacting you, collecting your information or disclosing it, you may inform us by contacting us at contact@Blackissime.fr or by writing to: Blackissime at 26 avenue de montceleux, SEVRAN, 93270, France
ARTICLE 3 – DISCLOSURE
We may disclose your personal information if we are required to do so by law or if you violate our terms and conditions of sale and use.
ARTICLE 4 – OVH cloud
Our store is hosted on OVH cloud. They provide us with the online e-commerce platform that allows us to sell our services and products to you.
Your data is stored in ovh cloud's data storage system and databases, as well as in ovh cloud's general application. Your data is stored on a secure server protected by a firewall.
If you make your purchase through a direct payment gateway, in this case, OVH cloud will store your credit card information. This information is encrypted in accordance with the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction information is kept for as long as necessary to complete your order. After your order is finalized, the purchase transaction information is deleted.
All direct payment gateways are PCI-DSS compliant, managed by the PCI Security Standards Council, a joint effort of companies such as Visa, MasterCard, American Express, and Discover.
PCI-DSS requirements guarantee the secure processing of credit card data by our shop and its service providers.
ARTICLE 5 – SERVICES PROVIDED BY THIRD PARTIES
In general, the third-party providers we use will only collect, use and disclose your information to the extent necessary to perform the services they provide to us.
However, some third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies regarding the information we are required to provide to them for your purchase transactions.
With respect to these providers, we recommend that you read their privacy policies carefully so that you can understand how they will handle your personal information.
Keep in mind that some providers may be located or have facilities in a different jurisdiction than yours or ours. Therefore, if you decide to proceed with a transaction that requires the services of a third-party provider, your information may be governed by the laws of the jurisdiction in which that provider is located or the jurisdiction in which its facilities are located.
For example, if you are located in Canada and your transaction is processed through a payment gateway located in the United States, your information used to complete the transaction may be disclosed under U.S. laws, including the Patriot Act.
You may be asked to leave our website by clicking on certain links on our site. We assume no responsibility for the privacy practices of these other sites and recommend that you read their privacy policies carefully.
ARTICLE 6 – SECURITY
To protect your personal information, we take reasonable precautions and follow industry best practices to ensure that it is not inappropriately lost, misappropriated, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, it will be encrypted via the use of the SSL security protocol and stored with AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all the requirements of the PCI-DSS standard and implement additional standards generally accepted by the industry.
Here is a list of the cookies we use. We have listed them here so that you can choose whether to allow them or not.
_session_id, a unique session ID, allows OVH cloud to store information about your session (referent, landing page, etc.).
_OVH cloud_visit, no data retained, persists for 30 minutes since the last visit. Used by our website provider's internal statistics tracking system to record the number of visits.
_OVH cloud_uniq, no data stored, expires at midnight (depending on the visitor's location) the next day. Calculates the number of visits to a store per single customer.
cart, unique identifier, persists for 2 weeks, stores the information of your cart.
_secure_session_id, unique session ID
storefront_digest, unique identifier, indefinite if the shop has a password, it allows to know if the current visitor has access.
ARTICLE 7 – AGE OF CONSENT
By using this site, you represent that you are at least the age of majority in your state or province of residence, and that you have given us your consent to allow any minor in your care to use this site.
If our store is acquired by or merged with another company, your information may be transferred to the new owners so that we can continue to sell you products.
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, modify or delete any personal information we have about you, file a complaint, or if you simply wish to have more information, contact our Privacy Officer at firstname.lastname@example.org ..
26 avenue de Montceleux, 93270, France