Terms of Use / Service
TERMS AND CONDITIONS OF USE / LEGAL NOTICE / PRIVACY POLICY
The MEPHISTO Group attaches particular importance to the trust placed in it by its customers. We therefore take care to ensure the confidentiality and protection of your personal data. It is essential to us that you are able to safely enjoy the services offered on our online shop.
To achieve this, we implement appropriate technical and organisational measures in accordance with the applicable regulations on the protection of personal data.
By continuing to browse our online shop, you are deemed to have accepted without reservation the provisions, legal notices, privacy policy and terms of use set out below.
The version of these terms of use currently online is the only one that applies for the entire duration of your use of our online shop and until a new version replaces it.
Article 1 - Legal information
1.1 Website (hereinafter the “Site”): This refers to the MEPHISTO online shop located at https://www.mephisto.com/
1.2 Publisher (hereinafter “Publisher”): This refers to Mephisto E-Commerce, a simplified joint-stock company with a share capital of €200,000, located at Zone Industrielle, Route de Sarreguemines, 57400 Sarrebourg (France), registered in the Metz Trade and Companies Register under number 989 544 663, represented by Mr Pierre SALING, duly authorised for this purpose,
Telephone number: +33 (0) 3 87 23 30 00
Email address: info@mephisto.com
Publishing Director: Mr Pierre SALING
1.3 Design and development: Mephisto E-commerce, Blue Stout (an Epic Thrills Inc. company)
1.4 Web host (hereinafter “Web Host”):
Shopify Inc.
150 Elgin Street, Suite 800
Ottawa, Ontario K2P 1L4
Canada
Website: https://www.shopify.com,
Telephone number: +1 613 241 2828
Email address: legal@shopify.com
Article 2 – Access to the Website
These terms and conditions of use set out the terms and conditions governing the use of the Website by prospective buyers (hereinafter “User(s)”).
Access to the Website is restricted to persons aged fifteen (15) or over.
The Publisher reserves the right to request proof of the User’s age, particularly when using the online ordering services
Access to and use of the Website are restricted to strictly personal use. The User undertakes not to use the Website and the information or data contained therein for commercial, political or advertising purposes, or for any form of commercial solicitation, including the sending of unsolicited emails.
Article 3 – Website Content
All trademarks, photographs, texts, comments, illustrations, images (whether animated or not), video sequences, sounds, as well as any computer applications that may be used to operate the Website and, more generally, all elements reproduced or used on the Website are protected by the applicable laws governing intellectual property.
They are the full and exclusive property of the Publisher or its partners or affiliated companies. Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of these elements, including computer applications, without the Publisher’s prior written consent, is strictly prohibited. The fact that the Publisher does not take legal action immediately upon becoming aware of such unauthorised use does not constitute acceptance of such use or a waiver of the right to pursue legal action.
With regard to online ordering services, all information on the Website applies exclusively to mainland France (including Corsica). For any orders destined for other locations, the User undertakes to request the necessary information via the Publisher’s email address provided above.
Article 4 – Site Management
For the proper management of the Website, the Publisher may at any time:
- suspend, interrupt or restrict access to all or part of the Website, or restrict access to the Website, or to certain parts of the Website, to a specific category of internet user;
- remove any information that may disrupt the functioning of the Website or that contravenes national or international laws, or the rules of courtesy and good conduct to be observed on the Internet (“Netiquette”);
- suspend the Website in order to carry out updates.
Article 5 – Liability
The Publisher shall not be held liable in the event of any failure, breakdown, difficulty or interruption in operation preventing access to the Website or any of its features.
The User is solely responsible for the equipment used to access the Website. The User must take all appropriate measures to protect their equipment and data, in particular against virus attacks via the Internet. The User is also solely responsible for the websites and data they access.
The Publisher cannot be held liable:
- for any indirect damage arising from the use of the Website. It is the User’s responsibility to protect their equipment against viruses and intrusions;
- for the content of third-party websites to which hyperlinks hosted on the Website may refer.
The Publisher shall not be held liable in the event of legal proceedings brought against the User arising from the use of the Website or any service accessible via the Internet, or arising from the User’s failure to comply with these terms and conditions;
The Publisher is not liable for any damage caused to the User, to third parties and/or to their equipment as a result of the User’s connection to or use of the Site. The User waives any right to take legal action against the Publisher in this regard.
Should the Publisher become the subject of an out-of-court settlement or legal proceedings arising from the User’s use of the Website, it may take action against the User to obtain compensation for all losses, sums, judgments and costs that may arise from such proceedings.
Article 6 – Hyperlinks
The creation by the User of any hypertext links to all or part of the Website is strictly prohibited, unless prior written authorisation has been obtained from the Publisher, requested by email at the following address: Mephisto E-commerce, Zone Industrielle, Route de Sarreguemines, 57400 Sarrebourg
The Publisher is free to refuse such authorisation without having to justify its decision in any way. Should the Publisher grant its authorisation, this shall in all cases be temporary only and may be withdrawn at any time, without the Publisher being under any obligation to provide justification.
In all cases, any link must be removed upon simple request by the Publisher.
Any information accessible via a link to other websites is not under the control of the Publisher, who accepts no responsibility for their content.
Article 7 – Protection of personal data
It is noted that, in accordance with Articles 4 et seq. of Regulation (EU) 2016/679 of 27 April 2016 (‘GDPR’):
- MEPHISTO E‑Commerce acts as the “Data Controller”, in that it determines the purposes and means of the processing carried out;
- MEPHISTO SAS acts as a “Processor”, in that it processes personal data on behalf of the Data Controller and in accordance with its documented instructions.
Both entities declare that they comply with all legal and regulatory obligations arising from the GDPR and the amended Law No. 78-17 of 6 January 1978.
7.1. Categories of data and purposes of processing
The Data Processor processes, on behalf of the Data Controller, personal data relating to the User, including in particular contact details and identification data.
This data is collected and processed exclusively for the purposes of:
- to enable the conclusion of sales contracts;
- manage the pre-contractual relationship with the User;
- monitor and supervise the services provided;
- manage your requests for information or complaints;
- to compile statistical studies,
- to carry out operations relating to the loyalty programme, such as issuing the loyalty card and providing benefits and services associated with the loyalty programme;
- to develop the commercial relationship, in particular for marketing purposes;
- ensure payment for services.
The data retention period is limited to the time strictly necessary to achieve the aforementioned purposes, or to enable the Data Controller and the Data Processor to fulfil their respective legal and regulatory obligations.
7.2. Specific case of financial data
No banking information is transmitted via the Website. Payment is processed on the secure servers of Shopify Payments (provided by Shopify International Limited) and/or PayPal (provided by PayPal (Europe) S.à r.l. et Cie, S.C.A.), depending on the payment method chosen by the User. These service providers ensure secure credit card payments that comply with current regulations, in particular the PCI DSS (Payment Card Industry Data Security Standard). Bank details are encrypted using the SSL/TLS (Secure Socket Layer / Transport Layer Security) protocol. The data will not be accessible and will never be stored on the Website.
Shopify Payments’ servers are hosted by Shopify International Limited, whose European headquarters are located at Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland, with whom the User may exercise their rights.
PayPal’s servers are hosted by PayPal (Europe) S.à r.l. et Cie, S.C.A., whose registered office is located at 22-24 Boulevard Royal, L-2449 Luxembourg, where the User may exercise their rights.
7.3. Security and confidentiality commitments
The Processor and the Controller undertake to implement and maintain all appropriate technical and organisational measures designed to ensure a level of security appropriate to the risks, in accordance with Articles 28, 32 et seq. of the GDPR, and in particular to prevent:
- the accidental or unlawful destruction of data;
- the loss, alteration or corruption of data;
- unauthorised disclosure or access;
- any other form of non-compliant or unlawful processing.
Access to data is strictly restricted to employees of both entities who are authorised by virtue of their roles and are subject to a heightened duty of confidentiality.
7.4. Sub-processors and data disclosures
The personal data collected may be transferred to sub-processors of the Processor and the Data Controller where such disclosure is necessary for the performance of the services requested by the User.
The Processor and the Data Controller shall ensure that any such sub-processor provides sufficient guarantees regarding compliance with the GDPR and processes the data in accordance with applicable legal requirements.
Furthermore, personal data may be disclosed to any competent administrative or judicial authority where required by a legal or regulatory obligation or in the context of a dispute.
7.5. User Rights
In accordance with Articles 12 to 22 of the GDPR, the User has the following rights in relation to their data:
- right to information,
- right of access,
- right to rectification,
- right to erasure,
- right to object on legitimate grounds,
- right to restriction of processing.
The User may exercise their rights at any time by sending a written request by post to MEPHISTO SAS - Rue de Sarreguemines, 57400 Sarrebourg, or by email to privacy@mephisto.com.
In the event of a dispute that cannot be resolved amicably, the User may refer the matter to the Commission Nationale de l’Informatique et des Libertés (CNIL): 3 Place de Fontenoy – TSA 80715 – 75334 Paris Cedex 07 (Tel.: +33 (0)1 53 73 22 22).
7.6. Cookies
The website may automatically collect standard information. All information collected indirectly will be used solely to monitor the volume, type and configuration of traffic using this website, to develop its design and layout, and for other administrative and planning purposes, and more generally to improve the service we offer you.
The Publisher uses cookies. The terms of use and the means by which the User can manage or delete these cookies are set out in the Data Protection Statement available on the website. The Website uses cookies to store information relating to browsing on the Website, as well as any data entered by Users.
The User expressly authorises the Publisher to place a cookie file on the User’s hard drive.
The User has the option to block, change the retention period, or delete this cookie via their browser settings.
Article 8 – Product photographs and representations
Product photographs, accompanying their descriptions, are not contractually binding and do not commit the Publisher.
Article 9 - Governing law
These general terms and conditions of use of the Website are governed by French law and subject to the jurisdiction of the courts of Metz (France), subject to any specific jurisdiction arising from a particular statutory or regulatory provision.
Article 10 - Contact us
For any questions or information regarding the products featured on the Website, or concerning the Website itself, the User may send an email to the following address: info@mephisto.com