GENERAL CONDITIONS OF USE OF THE WEBSITE NUNCHAKU CONNECT
1. Prior arrangements
NC PRODUCTION is a Société par actions simplifiée à associé unique, with a share capital of EUR 1,000, registered with the RCS of Versailles under the number 880 466 172, whose registered office is located at 12 A, Rue Ballastière -78360 Montesson (France).
Its intra-community VAT number is FR64 880 466 172.
The company NC PRODUCTION is specialized in the online sale of nunchakus and associated accessories, as well as free-style nunchakus video trainings.
The company NC PRODUCTION is the owner and publisher of the website Nunchaku Connect (accessible at the address www.nunchaluconnect.com), through which the customers of the company NC PRODUCTION have the possibility to order nunchakus and associated accessories, as well as to follow video trainings of free-style nunchakus.
2. Definitions
In these terms and conditions of use, words or expressions beginning with a capital letter shall have the following meaning:
Article(s): designates the nunchakus and associated accessories offered for sale on the Site.
CGU: designates the present document, including its appendices.
Data of a Personal Nature/Personal Data: designates any information likely to allow the identification of a natural or legal person in a direct or indirect way (surname; first name; email address; IP address; navigation data; etc.), in accordance with the definition given by article 4 of the.
General Regulation of the European Union on Data Protection (RGPD 2016/679).
Trainings: refers to the various free-style nunchakus video trainings offered for purchase online by the Company, through individual purchases or subscriptions.
Party(ies): means individually the Client or the Company and collectively the Client and the Company.
Site: means the Nunchaku Connect website owned and published by the Company.
Company : designates the company NC PRODUCTION.
User : designates any person (individual or legal entity) who uses the Company’s Site, in particular in order to purchase Items and/or Training (through a single purchase or a subscription).
3. Legal notice
The Site is published by NC PRODUCTION, a simplified joint stock company with a single shareholder, with a share capital of 1,000 EUR, registered with the Versailles Trade and Companies Register under number 880 466 172, whose registered office is located at 12 A, Rue Ballastière -78360 Montesson (France).
The Director of publication is the Company.
The site is hosted by the company OVH, SASU, with a share capital of EUR 10,174,560.00, registered with the RCS of Lille under the number 424 761 419, whose registered office is located at 2, Rue Kellermann – 59100 Roubaix (France).
The Personal Data collected is hosted by the company OVH, SASU, with a share capital of EUR 10,174,560.00, registered with the RCS of Lille under the number 424 761 419, whose registered office is located at 2, Rue Kellermann – 59100 Roubaix (France).
4. Subject
The purpose of these TOS is to describe in particular : (i) in a non-exhaustive manner the Articles and Training offered by the Company; (ii) the conditions for opening accounts by Users on the Site; (iii) the conditions of their connection to the said Site; (iv) as well as their commitments.
They also deal with the limitation of the Company’s liability.
The TOS also include a clause relating to the confidentiality policy of the Personal Data/Personal Data of its Users.
The terms and conditions of ordering and payment of the Articles and the Trainings are described in the Company’s general terms and conditions of sale.
5. Express acceptance of the general terms and conditions of use
Any use of the Site presupposes the consultation and express acceptance of the present by the Users.
By using the Site, Users acknowledge that they have read, understood and accept these terms and conditions without reservation.
6. Articles
The Company offers a selection of Articles for sale online through the Site. The Company reserves the right to modify this selection at any time.
Moreover, this selection is valid within the limits of available stocks. Thus, in the event of an out-of-stock condition of an ordered Item, the Company shall inform the Customer. The Parties will agree together: (i) the delivery of an Article offering similar characteristics to the Article initially ordered; (ii) the issue of a credit note valid for one year on the Site (excluding sales periods); (iii) the refund of the Article concerned.
The Items are accessible from the “Shop” tab. »
The Articles are described by means of detailed fact sheets, as well as additional information.
The Items are also presented visually by means of photographs and the Items shipped are always in accordance with the photographs and descriptions displayed on the Site.
7. Trainings
The Company offers, for sale online, through the Site, video training courses of free-style nunchakus.
The Trainings offered by the Company are more detailed on the Site and are grouped into three levels (beginner / intermediate / advanced).
The Trainings are sold individually or through subscriptions.
8. Access to Articles and Courses
Access to the Site, as well as to the Articles, is free.
Access to the Training Courses (in particular by means of a subscription) is reserved for Users who are regularly registered, in accordance with the terms and conditions of Article 7 hereof.
Any costs that may result from access to and use of the Site are the exclusive responsibility of the Users.
The Site is accessible 24 hours a day, 7 days a week.
The Company is entitled to modify, without compensation or notice, the servers or the hours of accessibility to the Site, as well as to close access to one or more Subscription Offers, in order to carry out updates, modifications or improvements.
9. Registration and commitments of Users
Registration on the Site is done by creating a personal account, following the indications provided for this purpose on the Site.
In particular, the User must fill in the account opening form on the Site, provide a valid email address and choose a password to secure the connection to his personal account.
When creating a personal account on the Site, the User guarantees in particular that he/she is of legal age and has full legal capacity to enter into a contract.
He further undertakes not to use an identifier that would infringe the rights of third parties, the public and morality, as well as to provide accurate and up-to-date information.
Concerning the identifiers of his account, the User undertakes not to disclose them by any means whatsoever. The confidentiality and use of his identifiers is his sole responsibility.
In the event of failure to comply with any of the User’s commitments, the Company reserves the right to suspend by operation of law, without compensation or prior formality, the personal account of the said User, as well as to cancel any order for an Article or a Training, which would have been carried out by him and which would not yet have been executed.
10. Connection
In order to connect to his account on the Site, the User indicates his login and password on the form dedicated to this purpose.
11. Modification of the TOS
The applicable GCU are those in force on the date on which the User enters on the Site the information required to order an Article or a Training Course.
These TOS are available on the Site.
However, the Company may modify the present Terms and Conditions at any time, without prior notice, subject to informing its Users as soon as such modifications come into force by email and/or by publishing said modifications on the Site.
The Company will update the TOS by indicating the date of the last update at the top right of these Terms and Conditions.
12. Limitation of Liability
The Company shall not be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular an interruption or disruption of service, external intrusion or the presence of computer viruses.
13. Intellectual property
All the elements contained on the Site, of which the Company is the publisher, are protected by intellectual property laws.
Thus, the Company alone holds all rights, titles and interests, including all intellectual property rights related to the said Site, as well as ideas, suggestions, requests for improvement, comments, recommendations and other information that Users and third parties may communicate about the Site.
In addition, the Company holds the rights of use on all the elements accessible on its Site, in particular the texts, images, graphics, logo, icons, sounds, software, etc., which may be used by Users and third parties. Consequently, any reproduction, representation, modification, publication, total or partial adaptation of the elements of the Site, by any means or process whatsoever, is prohibited, except with the express prior consent of the Company.
The Company undertakes to guarantee the confidentiality of the Personal Data processed in the context of the performance of its obligations.
Furthermore, as this data may be communicated to the Company’s partners responsible for the execution, processing, management and payment of orders, the Company ensures that these partners present the same sufficient guarantees as regards the implementation of appropriate technical and organisational measures, so that the processing meets the requirements of the applicable regulations.
In addition, the Company is entitled to disclose the Personal Data of the Users, in case of obligation by law or in case of violation of the present by the said Users.
14. Privacy Policy
14.1 Personal Data
Personal Data Collected
Users’ Personal Data is collected in particular at the time of opening their account on the Site, of their order of an Article or a Training Course (through a single purchase or subscription) and the related payments.
The main Personal Data collected are in particular: surname; first name; company; email address; password; billing address; delivery address; navigation data (language preference; date and time of access to the Site; pages of the Site visited).
Purposes of processing the Personal data collected
In accordance with Law 78-17 of 6 January 1978, amended by the laws of 6 August 2004 and 20 June 2018, the Company undertakes to process the Personal Data of its Users, in particular in order to fulfil its obligations under the Articles and Training it offers, to carry out statistics or analyses, commercial prospecting, and to send qualified information to said Users.
In addition, it is reminded that the Personal Data requested from the User is notably necessary for any order of an Article or a Training (through a single purchase or a subscription), for its payment and its execution, as well as for the establishment of invoices.
However, they are not resold.
Recipients of Personal Data
The Company undertakes to guarantee the confidentiality of the Personal Data processed in the performance of its obligations.
Furthermore, as this data may be communicated to the Company’s partners responsible for the execution, processing, management and payment of orders, the Company ensures that these partners present the same sufficient guarantees as regards the implementation of appropriate technical and organisational measures, so that the processing meets the requirements of the applicable regulations.
In addition, the Company is entitled to disclose the Personal Data of the Users, in case of obligation by law or in case of violation of the present by the said Users.
14.2. Consent
Users’ consent is presumed for the use of said data for the sole purpose of opening their account on the Site, ordering Items or Courses (through a single purchase or subscription) and the related payments.
When Users’ Personal Data is used for marketing purposes, Users’ express prior consent is required. Users always have the possibility to withdraw their consent by sending an email to: nunchakuconnect@gmail.com.
14.3. Storage
The site is hosted by the company OVH, SASU, with share capital of EUR 10,174,560.00, registered with the Lille RCS under number 424 761 419, whose registered office is located at 2, Rue Kellermann – 59100 Roubaix (France).
The Personal Data collected is hosted by the company OVH, SASU, with a share capital of EUR 10,174,560.00, registered with the RCS of Lille under the number 424 761 419, whose registered office is located at 2, Rue Kellermann – 59100 Roubaix (France).
14.4 Security
The Company undertakes to implement all necessary means to ensure the security and confidentiality of Personal Data.
Thus, in order to protect the Personal Data of visitors to its Site, the Company takes a series of precautions and follows best practices to ensure that such data is not lost, misappropriated, consulted, disclosed, modified or destroyed in an inappropriate manner.
14.5 Cookies
What’s a “cookie”? A “cookie” or tracer is an electronic file placed on a device, such as a computer, tablet or smartphone, and read when connecting to a website, reading an email, installing or using a software or mobile application, regardless of the type of device used.
In this particular case, the proper functioning of the Site implies the presence of cookies implanted in the User’s computer, when he connects, in order to record information relating to navigation (pages consulted, date and time of consultation, etc.) and the identity of his visitors.
When first connecting to the Site, a banner explaining the use of “cookies” will appear. From then on, by continuing browsing, the User will be deemed to have been informed and to have accepted the use of the said “cookies”. »
This acceptance shall be valid for a maximum of 13 months. At the end of this period, consent must be obtained again.
The User is entitled to oppose the use of cookies by configuring his or her browser software himself or herself.
14.6 Rights relating to Personal Data
The User has, in accordance with the national and European regulations in force, a permanent right of access, modification, rectification, limitation, opposition and portability with regard to the information concerning him/her.
In order to exercise this right, the visitor simply needs to write to the following email address: nunchakuconnect@gmail.com.
If the User no longer wishes to receive news from the Company, its solicitations (by telephone, SMS, post or email) and invitations, he or she has the option of indicating this via the link reserved for this purpose, of modifying his or her choices by contacting the Company under the conditions mentioned above or, if necessary, by modifying the parameters of his or her online account.
In addition, if a User has reason to believe that the security of his/her Personal Data has been compromised or that such Data has been misused, he/she has the right to contact the Company at the following email address: nunchakuconnect@gmail.com.
The Company will investigate complaints regarding the use and disclosure of Personal Data and will try to find a solution in accordance with the regulations in force.
For any additional information or complaint, the User may contact the CNIL (www.cnil.fr).
14.7. Payment
The payment of the Articles and Trainings is made by credit card or Paypal on the Company’s Website, using a secure payment service.
Information relating to User transactions is kept for as long as necessary to complete orders for Items and/or Training. At the end of this period, the information relating to the corresponding transactions is deleted.
All direct payment gateways comply with the PCI-DSS standard, managed by the PCI Security Standards Council, which is a joint effort of companies such as Visa, MasterCard and American Express.
15. Duration
These GCU govern the contractual relationship between the Parties, which is of unlimited duration.
The contractual relationship between the Parties ends when the User’s personal account on the Site is closed, when the User has a personal account on the Site:
– at any time upon request by the User at the following email address: nunchakuconnect@gmail.com ;
– at the Company’s sole discretion, should the User fail to comply with any of his obligations hereunder, without prejudice to any damages that the Company may be entitled to claim.
16. Miscellaneous
16.1 Independence of the Parties
Each Party shall be a legally and financially independent legal person, acting in its own name and under its sole responsibility.
Each Party therefore refrains from entering into any commitment in the name and on behalf of the other Party, for which it can in no way substitute itself.
16.2 Entirety
The Parties acknowledge that this Agreement constitutes the entire agreement between them relating to their subject matter and supersedes all prior oral and/or written undertakings between the Parties relating to such subject matter. Unless expressly stipulated otherwise, the terms and conditions and obligations contained herein shall prevail over all others.
16.3 Nullity
The nullity, unenforceability, or more generally, the lack of effect of any of the stipulations herein shall not affect the other stipulations, which shall remain perfectly valid and binding.
16.4 No Waiver
The fact that one of the Parties does not avail itself of a breach by the other Party of any of the obligations referred to herein shall not be interpreted in the future as a waiver of the obligation in question.
17 . Applicable law and jurisdiction
The TOS are subject to French law.
For Users acting in their capacity as consumers, any dispute relating to the present Terms and Conditions shall be brought before one of the courts territorially competent under the Code of Civil Procedure.
Moreover, the User as a consumer is reminded that he has the possibility to submit any dispute relating to the present Terms and Conditions either before the jurisdiction of the place where the consumer was residing at the time of the conclusion of the contract, or before that of the place where the harmful event occurred.
In any event, the User is duly informed that he is entitled to have recourse to mediation in accordance with the
provisions of Article L. 111-1 of the French Consumer Code.
18. French and foreign versions
These TOU are written in French. In the event of contradiction or misinterpretation, they will prevail over any other version that would be written in another language at the request of the User.
19. Election of domicile
The Company’s address is 12 A, Rue Ballastière -78360 Montesson (France).
