Legal notices

Legal notices and privacy policy

The sole proprietorship Elodie ORTIZ, concerned with individual rights, especially when it comes to automated processing and transparency will with her customers, has set a policy up gathering these processings, the followed purposes by the latters just as action ways at the disposal of individuals in order to exercise their rights at best. 

For any additional informations about personal data protection, we invite you to refer the website : https://www.cnil.fr/

This website's browsing pursuance applies as the total agreement of the following dispositions and conditions of use.

The at present conditions of use online version is the only opposable one during the website's use time until a new version replaces them. 

Article 1 - Legal notices

1.1 Website/Shop (hereinafter 'the Website/the Shop') : 

ElloweenCreations

1.2 Publisher (hereinafter 'the Publisher') : 

The sole proprietorship Elodie ORTIZ

located : 124 boulevard Romain Rolland , 13010 Marseille

registered in the RCS of Marseilles 849346317

phone number: 

email : elloweencreations@gmail.com

1.3 Web host (hereinafter 'the web host') : 

ElloweenCreations is hosted by E-monsite, where headquarters is located 19 rue Lamartine 80000 Amiens.
 

Article 2 - Website's access

The website's access and its use are reserved to a strictly personal use. You agree to not use this Website and the featured informations or data for sales, political, publicity purposes and any commercial inducements, especially unsolicited emails sending. 

Article 3 - Website's content

All brands, pictures, texts, comments, illustrations, animated or not graphics, video clips, sounds, together with all computing applications that can be used to make work this Shop and more generally all reproduced or used elements on the Shop are protected by in effect laws under intellectual property title.

They are the Publisher's full and whole property. Any reproduction, presentation, use or adaptation, in any form whatsoever, full or partial of these elements, including the computing applications, without the Publisher's preliminary written consent, are strictly forbidden. The fact for the Publisher to not start legal proceedings as soon as these unauthorized uses are known doesn't apply as an acceptance of said uses and proceedings renunciation.

Article 4 - Website's management

For the website's good management, the Publisher will be able anytime to: 

-  to reserve some parts or the whole Shop's access to a defined internet users category;

-  remove any information able to disturb the well functioning or being a minor offence with national or international laws; 

-  suspend the Shop in order to proceed needed updates.

Article 5 - Responsibilities

The Publisher's responsibility cannot be engaged in case of failure, breakdown, difficulty or operation interruption, preventing the Shop's access or one of its features.

The website's connection equipment you are using is under your full responsibility. You must take all proper measures to protect your own equipment and data especially against hacking. You are also sole responsible of the websites and data you are visiting. 

The Publisher couldn't be held responsible in case of judicial proceedings against yourselves :

-  owing to the Website's use or any other service available on the Internet;

-  owing to your failure to respect the presented legal mentions.

The Publisher is not responsible of the damages caused to yourselves, third party and/or your equipment because of the Website's connection or use and you renounce to any legal action against the Publisher by this fact.

If the Publisher happened to be the subject of an amicable or legal procedure because of your Website's use, she would have right of recourse against yourselves to obtain all damages, sums of money, convictions and costs that could result from this procedure.

Article 6 – Hypertext links

Any hypertext links towards the whole or a part of the Shop set up by the User is strictly forbidden, unless given the preliminary written authorization by the Publisher, requested via mail by the following address: elloweencreations@gmail.com.

The Publisher is free to refuse this authorization without explaining herself in any way whatsoever her decision. In the case the Publisher gives the authorization, it would be in any case temporary and could be removed at any moment, without any explanation obligation from the Publisher.

In any case, all links shall be removed on the Publisher’s request.

Any reachable information via a link towards other websites is not published by the Publisher. The Publisher has no right nor responsability over the contents in said link.

Article 7 – Data collection and protection

Your data is collected by the sole proprietorship Elodie ORTIZ.

A data said personal data designates any information concerning an identified or identifiable (concerned person) physical person ; is considered identifiable a person who can be identified, directly or indirectly, especially refered by a name, an identification number or by one or several specific elements, own physical, physiological, genetic, psychological, economic, cultural or social  identity.

The collected personal data on the Shop are mainly used by the Publisher for customer service and when necessary for orders processing.

The collected personal data are the following:

- Name and first name

- Address

- Mail address

- Phone number (only for people living in France)

- financial data : as part of the product and service payments proposed on the Shop, which record financial data relative to the User’s credit card.

Article 8 – Your data access, rectification and to be de-listed rights

Putting into practice the personal data regulations, the Users have at their disposal the following rights:

·     Access right: they can use their access right, to be acquainted with their concerned personal data, by writing to the mentioned email below. In that case, before this right execution, the Shop can ask the User’s identity proof in order to confirm the accuracy;

·     Right to request the rectification: if the personal data kept by the Shop is inaccurate, they can ask for their infos update;  

·     Data erasure right: the User scan ask their personal data removal, in accordance with data protection practicable laws;  

·     Processing limitation right: the User can ask the Shop to restrict the personal data processing in accordance with the expected hypothesis by the GDPR (General Data Protection Regulation);

·     Right to object to processing of data : the User can object their personal data processing in accordance with the expected hypothesis by the GDPR (General Data Protection Regulation);

·    Portability right: they can claim the website to hand the supplied personal data over so they can give them to another website.

You can exercise this right by contacting me, to the following address:

  124 boulevard Romain Rolland  13010 Marseille.

Or by email:

elloweencreations@gmail.com 

Every request must be presented with a valid and signed piece of ID and mention the address the Publisher can contact the complainant. The answer will be sent during the month following the request reception. This period of one month can be extended by two months if the request complexity and/or the request amount require it.

Furthermore, and since the 7th of October 2016 law n°2016-1321 (French law), for people wishing it, have the possibility to organize their data’s fate after their death. For further informations, you can refer to the French NCIL (National Commission on Informatics and Liberty) website: https://www.cnil.fr/.

The User can also start a claim to the French NCIL on their website: https://www.cnil.fr. 

I recommend to contact me first before starting a claim to the French NCIL, as I am at your service to settle your problem.

Article 9 – Personal data use

The collected personal data from the Users have the set goal to provide services, updates from the Shop and to keep a secured environment. The processing legal basis is the contract accomplishment between the User and the Shop. Especially, their use are the following :  

- Shop’s access and use by the User;

 - Shop’s operating and optimization management;

- User assistance execution;

- Verification, identification and authentication of the data provided by the User;  

- Service customization by displaying ads depending of the User’s navigation history, according to their preferences;

- Fraud and malwares (malicious softwares) prevention and detection and security incidents management;

- Potential dispute with the users management;

- Commercial and ads sending, according to the User’s preferences;

-  Organization of the conditions of payment services use

Article 10 - Data retention policy

The Shop keeps your data for the necessary time in order to to supply you with services and assistance.

In necessary or required measure to fulfill legal or regulatory obligations, settle disputes, prevent frauds and misuses or to apply my Shop’s terms and conditions, I can also retain some of your informations if necessary, even after you closed your account.

Article 11- Sharing personal data with third party

The personal data can be shared with third party companies exclusively in European Union in the following cases:

- When the User uses payment services, for the service execution, the Shop is related to third party banking and financial companies with whom the Shop signed contracts;  

- When the User publishes, in the Shop’s free comment area, public accessible infos; 

- When the User allows a third party’s website the access to their data;

- When the Shop uses service providers in order to provide the Users assistance, ads and payment services. These service providers have limited access to the User’s personal data, within the framework of these services, and have the contractual obligation to use them in compliance with the personal data protection practical rules’ measures;

- If the law requires it, the Shop can transmit data to follow up on presented disputes against the Shop and conform to administrative and legal procedures.

Article 12 – Sales offers

You are likely to receive sales offers by the Publisher. If you don’t want it, please click on the following link: (no sales offers are sent at the moment)

Your data are likely to be used by the Publisher’s partners for sales market researches, if you don’t want it, please click on the following link: (no partners can send sales market researches at the moment)

If, during the Shop browsing, you access to personal data, you must abstain any collect, unauthorized use and any act establishing an invasion of privacy or people’s reputation. The Publisher disclaims all responsability about this.

The data are kept and used for a period in compliance with the applicable legislation.

Article 13 - Cookies 

Cookies are text files placed on the computer to help a website analyze how users use the site.

The Website use such cookies to identify and track the Internet User in order to analyze his/her use of the Website, to compile reports on Website activity, and to offer the Internet User personalized information and follow up.

By default, most web browsers (such as Internet Explorer, Mozilla Firefox, Google Chrome, Safari or Opera) permit the use of cookies. The Users can set their web browser to manage cookies or to prevent the Website for placing cookies on their computer. However, if the Internet User chooses not to accept cookies, they may not be able to take full advantage of the Shop.

These cookies’ lifetime is 13 months.

Article 14 – Pictures and products’ representations

The products’ pictures, following their description, are not contractual and don’t commit the Publisher.

Article 15 – Practical law

The presented Shop’s legal mentions are ruled by the French law and submitted to the Publisher’s home office courthouses, with reserves of a particular competence attribution resulting from a legal text or particular regulation.

Article 16 - Contact

For any question, informations on the presented products in the shop, or regarding the Shop itself, you can send a message on the following mail: elloweencreations@gmail.com.