Article 1. Designation
The website http://www.mirare.fr (hereinafter “the Website”) is published by MIRARE PRODUCTIONS, a limited liability company whose head office is located at 16 rue Marie Anne Du Boccage, 44000 NANTES, registered in the NANTES Trade and Companies Register under number 437942303 (hereinafter “MIRARE”), with capital of €7700, tax identification number 437 942 303 000 29 / telephone number is 02 40 84 11 46 / e-mail address is email@example.com. The director of publication is Mr. François René MARTIN. This site was developed by : Infomaniak 25 Rue Eugène Marziano 1227 Les Acacias (Switzerland) The host is: SMART IMPAC 2 place René Bouhier 44100 NANTES 02 40 31 45 86. The aforementioned Website allows the Seller to offer for sale music (hereinafter “the Products”), published on all media, in particular compact discs (CDs) and vinyl records. In addition to the present document, reference is made to the general conditions of sale available on the website, which complete it and set out the rights and obligations of the Parties resulting from the online sale of the products offered on the Website.
Article 2. Right of Cancellation for Consumer Customers only
2.1 Right of Cancellation
On application of the article L.221-18 and following of the French Consumer Code, the Purchaser having quality of consumer has a 14 days deadline as from the delivery of the Products to formulate his right of cancellation to MIRARE PRODUCTIONS, by electronic mail with the e-mail address transmitted in the context of the electronic mail notifying the reception of the payment and the finalization of the order or by recorded letter with acknowledgement of delivery ( sending date being taken as proof) to the following address: MIRARE PRODUCTIONS 16 rue Marie Anne Du Boccage 44000 NANTES, and to request an exchange with a Product of equivalent value or a refund, without penalties. The Product must be returned in its original packaging and in perfect condition to the following address MIRARE PRODUCTIONS 16 rue Marie Anne Du Boccage 44000 NANTES. In addition to the returned Product, the return box must also contain a letter specifying the exact and complete contact details (surname, first name, address) of the Purchaser as well as a copy of the purchase invoice. By express agreement between the parties, the risks and costs of return (transport, customs or other) shall be borne exclusively by the Purchaser. The returned Products must be in their original condition and packaging: any product damaged, opened or soiled by the Purchaser (blister pack not intact, fingerprints or traces or impacts of any other nature) will not be taken back and/or reimbursed. If the product is intact, the Seller will reimburse the Purchaser for the amount of the order (price of the product and delivery charges in accordance with Article L221-24 of the Consumer Code) within 14 days of receipt of the goods, by bank transfer or by check, excluding any other sum or charge. The return costs are at the expense of the customer.
2.2 Application of the Right of Cancellation
In accordance with Article L.221-21 of the French Consumer Code, in order to claim his right of cancellation under the conditions of Articles L.221-18 et seq. of the French Consumer Code, it is sufficient for the purchaser having the status of a consumer to notify the Seller in writing of his intention to cancel the contract, before the expiry of the deadline, by sending the cancellation form or any equivalent request:
- Either to the following e-mail address: firstname.lastname@example.org
- Or to the postal address: MIRARE PRODUCTIONS 16 rue Marie Anne Du Boccage 44000 NANTES
It is reminded that exceptions are provided for in article L.221-28 of the French Consumer Code and are obstacles to the exercise of the right of cancellation.
Article 3. Legal warranties
MIRARE observes the legal guarantees in its capacity as a seller. The Purchaser, as a consumer, benefits from the legal warranty of conformity (Articles L.217-4 et seq. of the French Consumer Code) and the warranty against hidden defects (Article 1641 of the French Civil Code). Any warranty is excluded in case of damage of external origin or due to negligence, a lack of maintenance on the part of the Purchaser, as in case of normal wear and tear of the product. The Purchaser, as a consumer, has a period of two years in which to make a claim under either of these warranties. For the defect of conformity, the period starts from the delivery of the Product. For latent defects, the period starts from the discovery of the defect.
Article 4. Intellectual property
4.1 Intellectual property of the website
The Website, all of its content and all elements accessible on the website (including in particular sounds, texts, information, images, brands, graphics, logos, distinctive signs, software, rights to the works offered for sale…) are subject to French legislation on copyright and intellectual property, and are the exclusive property and/or use of MIRARE PRODUCTIONS and/or its partners. All of the visual elements displayed on the website are protected by copyright, in application of articles L.112-1 et seq. of the French Intellectual Property Code, and the Purchaser may in no case use, copy, reproduce, modify or alter this work or its elements, including on the Internet, without the prior written authorisation of the company MIRARE PRODUCTIONS. Thus, any reproduction, representation, modification, publication, adaptation of all or part of the elements of the Website, whatever the means or process used, is strictly forbidden without prior written authorisation from MIRARE PRODUCTIONS, which does not grant the User any licence or right other than that of consulting the Website. Any unauthorized exploitation of the Website or of any of the elements it contains will be considered as constituting an infringement and will be prosecuted in accordance with the provisions of the French Intellectual Property Code.
4.2 Intellectual property of the Products and rights on the works
The Products sold by MIRARE PRODUCTIONS are all reproductions of works of the mind reflecting the personality of their authors and/or MIRARE’s partner performers and as such benefit from the protection of Copyright. As such, MIRARE and/or the authors and/or performers are the exclusive holders of copyright (moral and economic rights) on these creations within the meaning of articles L.111-1 et seq. of the French Intellectual Property Code. MIRARE PRODUCTIONS has, by contract, the necessary rights to market these products, notably on its website. Consequently, the purchase of a Product does not entail, by the simple fact of its acquisition by the Purchaser, the transfer of intellectual property rights on the Products purchased. The rights of the Purchaser on the acquired Products are thus limited to a right of private use, excluding any right of representation and reproduction of the work in accordance with the article L.111-3 of the French Intellectual Property Code.
4.3 Contract of cession of intellectual property rights
If he so wishes, the Customer may request MIRARE PRODUCTIONS to discuss, if necessary, the conditions of an autonomous and distinct contract for the transfer of an intellectual property right on all or part of the Products purchased. MIRARE PRODUCTIONS and the authors and/or performers will be free to accept or refuse this request, without having to justify any reason. If a contract for the transfer of intellectual property rights is to be considered, it must necessarily be concluded in writing, clearly identifying the works concerned and mentioning the type of right transferred (reproduction, adaptation, etc.), the extent, the destination, the place, the duration of exploitation of the right transferred, the methods of calculation and payment of the right transferred, all in accordance with articles L.131-2 and L.131-3 of the French Intellectual Property Code. The costs, expenses and fees related to such a contract, its negotiation, its drafting and its consequences will be the exclusive responsibility of the Customer, unless otherwise agreed between the parties.
Article 5. Privacy, personal data & Cookies
5.1 Personal data
If you do not agree with the terms and conditions of this document, please discontinue using our Website.
In addition to the collection of data via any form that you fill out online (newsletter, subscription to offers), we inform you that data may also be collected during your navigation on our Website via technological means aimed at improving your browsing experience, measuring our audience and offering targeted advertising. In the context of these terms and conditions, all these technological means (such as cookies, web beacons, invisible pixels, log files, etc.) are referred to as “cookies”. These cookies can sometimes come from third parties: in this case, we have no control over them. Whenever we have obtained your consent to process your personal data, you may withdraw it, at any time, except in cases where we have other legal grounds to process your data for other purposes (as set out below). Personal data is kept for a reasonable period of time, strictly necessary for the management of the business relationship. The Seller undertakes to delete or archive the Customer’s data after a period of 13 months following the last connection. The exception to this is the data necessary to establish proof of a right or a contract, which may be archived, as provided for in the provisions of the French Commercial Code relating to the retention period for books and documents created in the course of commercial activities, and the French Consumer Code relating to the retention of contracts concluded by electronic means. If the Purchaser does not provide all the mandatory information in the website forms, he/she cannot validate the form and consequently place his/her order. The User’s data is processed by the Seller and will not be published, exchanged, transferred, assigned or sold on any medium whatsoever to third parties, without the User’s knowledge. It is however specified that the Data may be shared with the service providers essential to the processing of the order, namely the Seller’s banking institutions, Paypal, the company ensuring the maintenance and hosting of the website and the Stripe module, and all transport service providers (in particular La Poste, UPS). These data transfers are governed by the law in force. All Users have the right to access, rectify, delete and oppose their personal data. For any request, please write to – e-mail address: email@example.com – To the postal address: MIRARE PRODUCTIONS 16 rue Marie Anne du Boccage 44000 NANTES, with a copy of the identity card with the signature of the holder of the document. The Customer or Prospect has the right to access and rectify data concerning him/her, and may also assert his/her right to erasure or the right to be forgotten, as well as his/her right of opposition or the right to portability. For any request, all he or she has to do is write to MIRARE PRODUCTIONS by e-mail or at the postal address. Finally, any Customer or Prospect has the right to lodge a complaint with the competent control authority (in France, the CNIL) concerning the processing of their personal data.
• Category 1 : Strictly required cookies
These cookies are essential to enable you to navigate the Website, use its features and access secure areas. Without these cookies, some of the services you use could not be provided. We do not use them to collect information about you that could be used to target you, advertise to you, or record your web browsing.
• Category 2 : Performance cookies These cookies, used to improve the functioning of the Website, collect information that allows us to know how visitors use the Website, in particular the pages most often visited or the display of an error message on the Website. This information is aggregated and therefore anonymous, without identifying the visitor.
• Category 3 : Functional cookies These cookies remember your settings such as the country from which you visited the website, and the language you used, without ever tracking your browsing activity on other websites. This information can then be used to make your visits more personalized and enjoyable and can be made anonymous.
• Category 4 : Targeting or advertising cookies These cookies collect information about your browsing habits, remembering which websites you visit in order to make the advertising you receive more relevant to your interests. This information may be shared with third parties such as advertisers. They are used both to limit the number of times an ad or advertising campaign appears and to measure its effectiveness. Cookies are usually placed by a third-party advertising company with the consent of the website operator and are often tied to a website feature provided by a third-party organization.
The website may contain electronic images called “web beacons” (or web bugs), which allow us to count the number of visitors. These web beacons collect only a limited amount of information including the number of cookies, the time and date of the web page visit, and the description of the page visited. These web beacons do not collect personal data and are only used to verify the effectiveness of a campaign.
Your consent is required prior to the installation of cookies on your equipment. Please note that your continued browsing of our Website is deemed to be your consent to the use of these cookies. You can withdraw your consent at any time, including for cookies already installed, by configuring your browser to do so. You can also consult the following page: http://www.cnil.fr/vos-droits/vos-traces/les-cookies/ which contains information explaining, for a wide variety of browsers, how to modify the navigation parameters. However, we draw your attention to the fact that changing your settings may cause our website to malfunction. You can oppose the recording of cookies or modify the recording parameters by configuring your browser in the following way:
- § For Mozilla Firefox: Go to the “Tools” menu and click on “Options”, then click on the “Privacy” icon. Go to History > Retention Rules and then use the custom settings for history and select the options you want.
- § For Microsoft Internet Explorer : Go to the “Tools” menu, then “Internet Options” > click on the “Confidentiality” tab > Advanced and then select the options that suit you.
- § For Chrome: Go to the Menu, click the Settings icon and then Show Advanced Settings > Privacy > Content Settings > Cookies, and then select the options that suit you.
- § For Safari: Go to the Menu and click on the Preferences > Privacy icon and then select the options that suit you.
- § For Opera: Go to Menu > Settings > Privacy & Security > Cookies and select the options that are options that suit you.
If you wish to withdraw your consent for third-party behavioral advertising cookies, you can indicate your preferences at http://www.youronlinechoices.com/fr/. You will continue to see online advertising, but it will no longer be targeted or personalized based on your previous searches.
Unfortunately, the transmission of information via the Internet is not completely secure. Any transmission is therefore your sole responsibility. When we receive your personal data, we use rigorous security procedures and systems to try to prevent unauthorized access. However, we cannot guarantee that any information you submit to us will be secure from unauthorized third party intrusion. When we provide you with a password to access certain parts of the Website, you are responsible for keeping it confidential. Please do not share it with anyone.
Article 6 USE OF YOUR PERSONAL DATA
(3) when you give us your consent: (a) by asking us to send you information via a medium that collects your consent (for example, email marketing), b) by allowing us to share your data with third parties, such as artists, who may send you newsletters or other marketing solicitations (c) by giving us your consent to set cookies and use similar technologies.
(4) for any purpose required by law or to respond to requests from governmental or law enforcement authorities conducting an investigation.
Article 7 : SHARING OF YOUR PERSONAL DATA
Subject to your prior consent and where necessary, we may pass on data about you:
- To our partners
- To our artists (including the physical and/or moral person in charge of managing their interests) for whom you have expressed an interest and have consented to direct marketing and who will use them in accordance with our policy, to inform you of their news;
- To all third parties in the event of a transfer of MIRARE PRODUCTIONS’ activity, whatever the form (contribution, transfer, merger, liquidation, etc.);
- To all third parties for statistical purposes that do not individualize people (demographic, geographic, age-based data, …). No personal data (such as name or e-mail address) will be identifiable in these statistics;
- In certain special circumstances justified by legal, judicial or public policy imperatives. This may be the case when we believe that disclosing this data is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) the rights or property of our affiliates and/or artists. Personal data may be shared with governmental and/or law enforcement authorities if required for the above purposes, or required by law or required for the legal protection of our legitimate interests, in accordance with applicable laws,
- To our suppliers in connection with, among other things, contests and sweepstakes in which you participate where all or part of the administration of the contest is handled by a third party supplier. This may also mean that your personal data will be included in a winners list. We also share it with third parties who perform tasks on our behalf, such as hosting and operating our Website and applications, sending emails, and performing data analysis.
Article 8 : HYPERLINKS
Article 9 : Applicable law, amicable solution and competent jurisdictions
The contractual relations between the Seller and the Purchaser are subject to French law, whatever the nationality of the Customer and the place of receipt of the order. In the event of a dispute, the parties shall endeavor to resolve it amicably. In the event of legal action in connection with any order of products on the website www.mirare.fr, the courts of the jurisdiction of NANTES (France) will be only competent. However, the parties agree to seek an amicable solution before any legal action. To settle disputes arising from a contractual relationship with a consumer, we are willing to participate in a mediation procedure for consumer disputes. The competent mediation service is: The service of the Mediator of e-commerce of the FEVAD, 60 rue la Boétie, 75008 Paris, France, www.mediateurfevad.fr
Article 10 : Duration
Where we collect data in connection with your registration or login to our Website, we will retain it for as long as you are an active user of our Website. Where your data is collected for direct marketing purposes and/or with your consent, we will retain it until you object to the processing of your data (including the short period necessary to process your request). However, we keep a record of your request in order to respect your wishes. Where we process personal data in the context of the performance of a contract or a contest, we will retain such data for as long as is required by law.
Article 11 : After-sale service / customer relations
The customer can join MIRARE PRODUCTIONS for any question relating in particular to the products or the orders, by email with the address: firstname.lastname@example.org If you do not agree with the terms and conditions of this document, please discontinue using our Website.