Privacy Policy
MERCHANT SITE DUMBYART.COM
Privacy Statement:
SECTION 1 – USE OF YOUR INFORMATION
When you make a purchase from our store, we collect certain personal information necessary to process your order, such as your name, address, and email address.
In addition, when you browse our site, we automatically receive the IP address of your device. This information helps us better understand your browser and operating system, in order to optimize your user experience.
Email marketing (if applicable) : With your consent, we may send you emails with information about our store, new products, or important updates.
SECTION 2 – CONSENT
How do we obtain your consent?
By providing your personal information to complete a transaction, verify your credit card, place an order, arrange a delivery, or process a return, you implicitly consent to the use of such information only for those specific purposes.
If we solicit your personal information for other reasons, such as marketing, we will explicitly ask for your consent or provide you with the opportunity to opt-out.
How to withdraw your consent?
If, after giving your consent, you wish to revoke it, you can at any time withdraw your consent to the collection, use or Disclosure of your information. To do this, via your customer account Contact us by email at [email protected]
SECTION 3 – DISCLOSURE
We may disclose your personal information if required to do so by law or if you violate our Terms and Conditions of Use.
SECTION 4 – SOGECOMMERCE
Our store is hosted on the platform SOGECOMMERCE for online payments.
Data storage:
Your information is stored via SOGECOMMERCE's secure storage system, including databases and their general application. This data is protected by secure servers and a firewall.
Payment:
When you make a purchase, SOGECOMMERCE stores your credit card information. This data is encrypted in accordance with the PCI-DSS standard (Payment Card Industry Data Security Standard). Information related to your transaction is only kept for as long as necessary for its completion. Once the transaction is complete, your purchase data is deleted.
All direct payment gateways used comply with PCI-DSS standards, which are administered by the PCI Security Standards Council. This council includes major brands such as Visa, MasterCard, American Express and Discover, and its requirements ensure the security of credit card data processing.
For more information, you can consult:
- Les Terms and Conditions of SOGECOMMERCE : https://entreprises.sg.fr/static/Entreprises/Medias/PDF/Conditions-Generales/CG_Sogecommerce_oct22.pdf
SECTION 5 – THIRD-PARTY SERVICES
In general, the third-party service providers we use only collect, use, and disclose your personal information to the extent necessary to perform the services we have requested of them.
However, some providers, such as payment gateways and other transaction processors, have their own privacy policies regarding the information we provide to them to process your purchases.
We advise you to read these policies carefully to understand how your personal information will be handled by these third parties.
International data transfer
It is important to note that some service providers may be based in different jurisdictions than you or ours, or have data centers in those jurisdictions. Therefore, if you enter into a transaction involving a third-party provider, your information may be subject to the laws of the jurisdiction(s) where that provider or its facilities are located.
For example, if you are in Canada and your payment is processed by a payment gateway based in the United States, your personal data may be subject to U.S. law, including the Patriot Act.
Redirection to external sites
When you leave our site or are redirected to a third party's site, you are no longer covered by our privacy policy or terms of use.
External links
Links on our store may redirect you to third-party sites. We cannot be responsible for the privacy practices of these external sites and recommend that you review their own privacy policies.
Use of Google Analytics
We use Google Analytics to analyze visits to our site and identify which pages are of most interest.
SECTION 6 – SECURITY
To protect your personal information, we put in place appropriate security measures and follow industry best practices to prevent its improper loss, misuse, access, disclosure, alteration or destruction.
If you provide us with credit card information, it is encrypted using technology SSL (Secure Socket Layer) and stored with encryption AES-256. While no method of transmission over the Internet or electronic storage is completely 100% secure, we comply with the requirements of the PCI-DSS standard and apply other generally accepted safety standards in the industry.
SECTION 7 - AGE OF CONSENT
By using this site, you represent that you have reached the age of majority in your state or province of residence, or that you have obtained the necessary consent to allow any minor dependents in your care to use this site.
SECTION 8 – CHANGES TO THE PRIVACY POLICY
We reserve the right to change this Privacy Policy at any time. We encourage you to consult it regularly. Any changes or clarifications will take effect immediately upon posting on our site.
If there are any material changes to this policy, we will notify you here so that you are aware of what information we collect, how we use it, and under what circumstances, if applicable, we disclose it.
In the event of an acquisition or merger of our store with another company, your personal information may be transferred to the new owners, so that we can continue to offer you our products.
QUESTIONS AND CONTACT INFORMATION
If you want to:
- Access, correct, amend, or delete the personal information we hold about you;
- File a complaint;
- Or for more information,
Please contact our Privacy Officer at: [email protected]
Legal provisions mentioned in these T&Cs
Article 1119, paragraph 1, of the Civil Code :
"The general terms and conditions invoked by one party shall have effect with regard to the other only if they have been brought to the knowledge of the latter and if it has accepted them."
Article L. 221-5 of the Consumer Code:
'Prior to the conclusion of a contract for the sale or provision of services, the trader shall communicate to the consumer, in a legible and intelligible manner, the following information:
1° The information provided for in Articles L. 111-1 and L. 111-2;
2° Where the right of withdrawal exists, the conditions, the time limit and the procedures for exercising this right as well as the standard withdrawal form, the conditions of presentation and the information contained therein shall be determined by decree of the Council of State;
3° Where applicable, the fact that the consumer bears the costs of returning the goods in the event of withdrawal and, in the case of distance contracts, the cost of returning the goods when, due to their nature, the goods cannot normally be returned by post;
4° Information on the consumer's obligation to pay fees when he exercises his right to withdraw from a contract for the provision of services, water supply, gas or electricity supply and subscription to a district heating network which he has expressly requested to be performed before the end of the withdrawal period; these costs shall be calculated in accordance with the procedures laid down in Article L. 221-25;
5° When the right of withdrawal cannot be exercised pursuant to Article L. 221-28, the information that the consumer does not benefit from this right or, where applicable, the circumstances in which the consumer loses his right of withdrawal;
6° Information relating to the professional's contact details, where applicable the costs of using the distance communication technique, the existence of codes of good conduct, where applicable to guarantees and guarantees, the terms of termination, the methods of dispute resolution and other contractual conditions, the list and content of which are fixed by decree of the Council of State.
In the case of a public auction as defined by the first paragraph of Article L. 321-3 of the Commercial Code, the information relating to the identity and postal, telephone and electronic contact details of the professional provided for in 4° of Article L. 111-1 may be replaced by that of the agent. »
Article L. 111-1 of the Consumer Code:
'Before the consumer is bound by a contract for pecuniary interest, the trader shall communicate to the consumer, in a legible and comprehensible manner, the following information:
1° The essential characteristics of the good or service, as well as those of the digital service or digital content, taking into account their nature and the communication medium used, and in particular the functionalities, compatibility and interoperability of the good comprising digital elements, digital content or digital service, as well as the existence of any restrictions on the installation of software;
2° The prize or any other advantage obtained in lieu of or in addition to the payment of a prize pursuant to Articles L. 112-1 to L. 112-4-1;
3° In the absence of immediate performance of the contract, the date or period within which the professional undertakes to deliver the goods or perform the service;
4° Information relating to the identity of the professional, his postal, telephone and electronic contact details and his activities, insofar as they are not apparent from the context;
5° The existence and terms of implementation of the legal guarantees, in particular the legal guarantee of conformity and the legal guarantee against latent defects, and any commercial guarantees, as well as, where applicable, the after-sales service and the information relating to the other contractual conditions;
6° The possibility of having recourse to a consumer mediator under the conditions provided for in Title I of Book VI.
The list and precise content of this information shall be determined by decree of the Council of State.
The provisions of this Article shall also apply to contracts relating to the supply of water, gas or electricity, including where they are not packaged in a limited volume or in a specified quantity, as well as district heating. These contracts also refer to the need for sober consumption that respects the preservation of the environment. »
Article L. 111-2 of the Consumer Code:
"In addition to the information provided for in Article L. 111-1, any professional, before the conclusion of a contract for the provision of services and, where there is no contract
prior to the performance of the provision of services, shall make available to the consumer or communicate to him, in a legible and comprehensible manner, additional information relating to his or her contact details, the consumer's activity in the provision of services and other contractual conditions, including the list
and the content shall be determined by decree of the Council of State.
Additional information that is communicated only at the request of the consumer is also specified by decree of the Council of State. »
Article L. 216-2 of the Consumer Code:
'Any risk of loss of or damage to the goods shall pass to the consumer at the time when the consumer or a third party designated by him takes physical possession of the goods.'
Article L. 216-3 of the Consumer Code:
'Where the consumer entrusts the goods to a carrier other than that offered by the trader, the risk of loss or damage to the goods shall pass to the consumer when the goods are handed over to the carrier.'
Article L. 221-18 of the Consumer Code:
"The consumer shall have a period of fourteen days to exercise his right of withdrawal from a contract concluded at a distance, following telephone or off-premises canvassing, without having to justify his decision or to bear any costs other than those provided for in Articles L. 221-23 to L. 221-25. The period referred to in the first paragraph shall run from the day of:
1° The conclusion of the contract, for contracts for the provision of services and those mentioned in Article L. 221-4;
2° The acceptance of the goods by the consumer or a third party, other than the carrier, designated by him, for contracts for the sale of goods. For off-premises contracts, the consumer may exercise his or her right of withdrawal from the conclusion of the contract.
In the case of an order for several goods delivered separately or in the case of an order for a good consisting of lots or multiple pieces whose delivery is spread over a defined period, the period runs from the receipt of the last good or lot or the last piece. For contracts providing for the regular delivery of goods for a defined period, the period runs from the date of receipt of the first good. »
Article L. 221-28 of the Consumer Code:
'The right of withdrawal may not be exercised in respect of contracts:
1° The provision of services that are fully performed before the end of the withdrawal period and the performance of which has begun after the consumer's express prior agreement and express waiver of his or her right of withdrawal;
2° The supply of goods or services the price of which depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period;
3° The supply of goods made according to the consumer's specifications or clearly personalised;
4° The supply of goods likely to deteriorate or expire quickly;
5° The supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
6° The supply of goods which, after having been delivered and by their nature, are inseparably mixed with other items;
7° The supply of alcoholic beverages whose delivery is deferred for more than thirty days and the value of which is agreed upon at the conclusion of the contract depends on fluctuations on the market beyond the control of the professional;
8° Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;
9° The supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
10° The supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
11° Concluded at a public auction;
12° Provision of accommodation services, other than residential accommodation, goods transport services, car rental, catering or leisure activities which must be provided on a specific date or period;
13° The supply of digital content not provided on a physical medium, the performance of which has begun after the consumer's prior express consent and express waiver of his or her right of withdrawal. »
Article L. 221-23 of the Consumer Code:
"The consumer shall return or return the goods to the professional or to a person designated by the latter, without undue delay and, at the latest, within fourteen days of the communication of his decision to withdraw in accordance with Article L. 221-21, unless the professional offers to recover the goods himself.
The consumer shall bear only the direct costs of returning the goods, unless the trader agrees to bear them or has failed to inform the consumer that these costs are to be borne by him. However, for contracts concluded off-premises, when the goods are delivered to the consumer's home at the time the contract is concluded, the professional collects the goods at his own expense if they cannot normally be returned by post due to their nature. The consumer may only be held liable in the event of depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of these goods, provided that the professional has informed the consumer of his right of withdrawal, in accordance with 2° of Article L. 221-5. »
Article L. 221-24 of the Consumer Code:
'When the right of withdrawal is exercised, the trader shall reimburse the consumer for all sums paid, including delivery costs, without
unjustified delay and at the latest within fourteen days from the date on which he is informed of the consumer's decision to withdraw.
In the case of contracts for the sale of goods, unless the trader offers to collect the goods himself, the trader may defer reimbursement until the goods have been recovered or until the consumer has provided proof of the dispatch of the goods, whichever is earlier.
The trader shall make this refund using the same means of payment as that used by the consumer for the initial transaction, unless the consumer expressly agrees that he or she may use another means of payment and provided that the refund does not entail any costs for the consumer.
The trader is not obliged to reimburse the additional costs if the consumer has expressly chosen a delivery method that is more expensive than the standard delivery method offered by the trader. »
Article 217-3 of the Consumer Code:
"The seller shall deliver goods that comply with the contract and the criteria set out in Article L. 217-5.
He shall be liable for any lack of conformity existing at the time of delivery of the goods within the meaning of Article L. 216-1, which appear within two years of the date of delivery.
In the case of a contract for the sale of a property with digital elements:
1° When the contract provides for the continuous supply of digital content or a digital service for a period of less than or equal to two years, or when the contract does not determine the duration of supply, the seller shall be liable for any lack of conformity of this digital content or digital service that appears within two years of the delivery of the good;
2° Where the contract provides for the continuous supply of digital content or a digital service for a period of more than two years, the seller shall be liable for any lack of conformity of this digital content or digital service that appears during the period during which it is provided under the contract. For such goods, the applicable period does not deprive the consumer of his right to updates in accordance with the provisions of Article L. 217-19. The seller shall also be liable, during the same periods, for any lack of conformity resulting from the packaging, assembly instructions, or installation when this has been charged to him by the contract or has been carried out under his responsibility, or when the incorrect installation, carried out by the consumer as provided for in the contract, is due to gaps or errors in the installation instructions provided by the seller.
This guarantee period applies without prejudice to Articles 2224 et seq. of the Civil Code. The starting point for the prescription of the consumer's action is the day on which the consumer becomes aware of the lack of conformity. »
Article 1641 of the Civil Code:
"The seller is bound by the warranty in respect of hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lower price, if he had known of them."
Article L. 217-8 of the Consumer Code:
"The buyer is entitled to demand that the property conforms to the contract. However, he cannot contest conformity by invoking a defect that he knew or could not have been unaware of when he contracted. The same applies when the defect has its origin in the materials that he himself has supplied. »
Article 1218 of the Civil Code:
"Force majeure exists in contractual matters when an event beyond the control of the debtor, which could not reasonably have been foreseen at the time the contract was concluded and the effects of which cannot be avoided by appropriate measures, prevents the performance of his obligation by the debtor."