ARTICLE 1. PARTIES

These general conditions are applicable between Glowe Studio, FR, phone: 0756924901, email: contact@glowe-studio.com, VAT not applicable, article 293B of the CGI, hereinafter "the Publisher" and any person, physical or legal, private or public law, registered on the Site to purchase a Product, hereinafter "the Client".

ARTICLE 2. DEFINITIONS

"Client": any person, physical or legal, private or public law, registered on the Site.

"Site Contents": elements of any nature published on the Site, whether or not protected by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.

"Publisher": Glowe Studio, acting as the publisher of the Site.

"User": any person, physical or legal, private or public law, connecting to the Site.

"Product": good of any nature sold on the Site by the Publisher to Clients.

"Site": website accessible at the URL glowe-studio.com, including sub-sites, mirror sites, portals and URL variations related thereto.

ARTICLE 3. SCOPE

The Site is freely accessible to all Internet users. Browsing the Site implies acceptance by all Internet users of these general conditions. Simply connecting to the Site, by any means whatsoever, including through a robot or a browser, will imply full and complete acceptance of these general conditions. Upon registration on the Site, this acceptance will be confirmed by ticking the corresponding box.

The User acknowledges by the same fact having fully read and accepted them without restriction.

Checking the aforementioned box will be deemed to have the same value as a handwritten signature from the User. The User acknowledges the proof value of the Publisher's automatic recording systems and, unless they can provide proof to the contrary, they will refrain from disputing them in case of a dispute.

These general conditions are applicable to the relations between the parties to the exclusion of all other conditions, and in particular those of the User.

The acceptance of these general conditions assumes that Internet users have the necessary legal capacity for this, or have the authorization of a guardian or curator if they are incapable, of their legal representative if they are minors, or hold a mandate if they act on behalf of a corporation.

ARTICLE 4. PURPOSE OF THE SITE

The purpose of the Site is the sale of Products to Clients.

ARTICLE 5. ORDERING PROCESS

5.1. ORDER

To place an order, Internet users will be able to select one or several Products and add them to their cart. The availability of the Products is indicated on the Site, in the descriptive sheet of each article. Once their order is complete, they will be able to access their cart by clicking on the button provided for this purpose.

5.2. VALIDATION OF THE ORDER BY THE INTERNET USER

By consulting their cart, Internet users will have the faculty to check the number as well as the nature of the Products they have chosen and to check their unit price, as well as their overall price. They will have the opportunity to remove one or several Products from their cart.

If their order suits them, Internet users will be able to validate it. They will then access a form in which they can either enter their login credentials if they already have them, or register on the Site by completing the registration form using their personal information.

5.3. PAYMENT BY THE CLIENT

Once they are connected or after they have fully completed the registration form, Clients will be invited to control or modify their delivery and billing details, then will be invited to make their payment by being redirected for this purpose on the secure payment interface with the mention "order with obligation to pay" or any formula equivalent.

5.4. CONFIRMATION OF THE ORDER BY THE PUBLISHER

Once the payment actually received by the Publisher, the latter undertakes to acknowledge receipt to the Client electronically, within a maximum of 24 hours. Within the same period, the Publisher undertakes to send the Client an email summary of the order and confirming the processing, including all related information.

ARTICLE 6. PRICE - PAYMENT

6.1. PRICE

The applicable prices are those displayed on the Site on the day of the order. These prices may be modified at any time by the Publisher. The prices displayed are only valid on the day of the order and do not have effect for the future.

The prices indicated on the Site are in euros, all taxes included, excluding delivery costs.

6.2. PAYMENT METHOD

The Client can make their payment by Paypal, Stripe, Amazon Pay, Authorize.Net, Google Pay.

In the context of credit card payments, the Publisher does not have access to any data related to the Client's payment methods. The payment is made directly into the hands of the banking establishment.

In case of payment by check or bank transfer, delivery times only begin to run from the date of receipt of payment by the Publisher.

6.3. BILLING

The Publisher will send or make available to the Client an invoice electronically after each payment. The Client expressly agrees to receive invoices electronically.

6.4. DEFAULT OF PAYMENT

The agreed payment dates cannot be delayed for any reason, including in the event of a dispute.

Any sum not paid at the due date will automatically result in the application of late penalties calculated on the basis of a rate equal to 3 times the legal interest rate, without this penalty affecting the exigibility of the sums due in principal.

Moreover, any delay in payment will result in the Client being billed for collection fees of an amount of 40 euros, the immediate exigibility of all sums remaining due regardless of the agreed terms, increased by an indemnity of 20% of the amount as a penal clause, as well as the possibility of unilaterally terminating the contract at the fault of the Client. This clause is part of the provisions of article 1152 of the civil code allowing the judge to reduce the indemnity if the judge considers it excessive.

6.5. RESERVATION OF OWNERSHIP

The Products sold remain the property of the Publisher until full payment of their price, in accordance with this title retention clause.

ARTICLE 7. CUSTOMER SERVICE

The Site's customer service is accessible from Monday to Friday from 08:30 to 18:00 at the following non-premium rate phone number: 0756924901, by email at: contact@glowe-studio.com, or by postal mail at the address indicated in article 1 of these general conditions. In the latter two cases, the Publisher undertakes to provide an answer within 48 working hours.

ARTICLE 8. PERSONAL SPACE

8.1. CREATION OF THE PERSONAL SPACE

The creation of a personal space is a prerequisite for any order by an Internet user on the Site. To this end, the Internet user will be invited to provide a number of personal informations. Some of this information is deemed essential to the creation of the personal space. Refusal by an Internet user to provide said information will prevent the creation of the personal space as well as, incidentally, the validation of the order.

When creating the personal space, the Internet user is invited to choose a password. This password constitutes the guarantee of the confidentiality of the information contained in the personal space. The Internet user is therefore prohibited from transmitting or communicating it to a third party. Otherwise, the Publisher cannot be held responsible for unauthorized access to an Internet user's personal space.

The Client undertakes to carry out a regular check of the data concerning him and to proceed online, from his personal space, to the necessary updates and modifications.

8.2. CONTENT OF THE PERSONAL SPACE

The personal space allows the Client to consult and track all their orders made on the Site.

The pages relating to personal spaces are freely printable by the account holder in question, but do not constitute admissible evidence by a court. They are for informational purposes only intended to ensure efficient management of its orders by the Client.

The Publisher undertakes to securely keep all contractual elements whose conservation is required by law or regulation in force.

8.3. DELETION OF THE PERSONAL SPACE

The Publisher reserves the right to delete the account of any Client who contravenes these general conditions, particularly when the Client provides inaccurate, incomplete, misleading or fraudulent information, as well as when the personal space of a Client has remained inactive for at least one year. Said deletion shall not constitute damage for the excluded Client who will not be entitled to any compensation as a result.

This exclusion is without prejudice to the possibility, for the Publisher, to undertake judicial proceedings against the Client, when the facts have justified it.

ARTICLE 9. PERSONAL DATA

As part of its service, the Publisher may process personal data of its Clients.

9.1. IDENTITY OF THE DATA CONTROLLER

The data controller collecting and processing data on the Site is the Publisher.

9.2. IDENTITY OF THE DATA PROTECTION OFFICER

The data protection officer is glowe-studio.com

9.3. DATA COLLECTED

9.3.1. DATA COLLECTED FROM CLIENTS

In the context of its contractual relationships, the Publisher may collect and process information from its Clients, namely: Email, First and Last Name, Phone Number.

9.3.2. DATA COLLECTED FROM CLIENTS

The data collected during the contractual relationship is subject to automated processing with the purpose of:

• Engaging in judicial proceedings;
• Verifying the identity of Clients;

9.3.3. LEGAL BASIS OF THE PROCESSING

The data collected are based on a contractual relationship.

9.3.4. RECIPIENTS OF THE DATA

The data collected are accessible only to the Publisher within the strict limits necessary for the execution of contractual commitments.

This data, whether in individual or aggregated form, are never freely viewable by a third physical person.

9.3.5. DURATION OF STORAGE OF PERSONAL DATA

The personal data collected are kept for the duration of the contractual relationship, and for the time during which the Publisher's liability can be engaged.

After the retention period, the Publisher undertakes to permanently delete the data of the concerned persons without keeping a copy.

9.3.6. SECURITY AND CONFIDENTIALITY OF PERSONAL DATA

The personal data are kept in secure conditions, using the current means of the technique, in compliance with the General Data Protection Regulation and the national legislation in force.

Access to the Publisher's premises is also secured.

9.3.7. DATA MINIMIZATION

The Publisher may also collect and process any data voluntarily transmitted by its Clients.

The Publisher guides its Clients to provide personal data strictly necessary for the execution of contractual commitments.

The Publisher undertakes to keep and process only the data strictly necessary for its professional activities, and will delete any data received not useful to its activities as soon as possible.

9.4. RESPECT OF RIGHTS

The Clients of the Publisher have the following rights concerning their personal data, which they can exercise by writing to the postal address of the Publisher or by filling out the online contact form.

9.4.1. RIGHT TO INFORMATION, ACCESS, AND COMMUNICATION OF DATA

The Clients of the Publisher may access the personal data concerning them.

Due to the Publisher's obligation of security and confidentiality in processing personal data, requests will only be processed if the Clients provide proof of their identity, in particular by producing a scan of their valid identity document (in case of request through the dedicated electronic form) or a signed photocopy of their valid identity document (in case of written request), both accompanied by the words "I certify on my honor that the copy of this identity document is conform to the original. Done at ... on ...", followed by their signature.

9.4.2. RIGHT TO RECTIFICATION, DELETION, AND RIGHT TO FORGET DATA

The Clients of the Publisher may request the rectification, update, locking or deletion of their personal data which may be inaccurate, erroneous, incomplete or obsolete.

The Clients of the Publisher can also define general and specific directives concerning the fate of personal data after their death. If necessary, the heirs of a deceased person may demand to consider the death of their loved one and/or to make the necessary updates.

To assist them in their approach, Clients will find here a letter model developed by the CNIL.

9.4.3. RIGHT TO OPPOSITION TO DATA PROCESSING

The Clients of the Publisher have the possibility to oppose the processing of their personal data.

To assist them in their approach, Clients will find here a letter model developed by the CNIL.

9.4.4. RIGHT TO DATA PORTABILITY

The Clients of the Publisher have the right to receive the personal data they have provided to the Publisher in a transferable, open and readable format.

9.4.5. RIGHT TO LIMITATION OF PROCESSING

The Clients of the Publisher have the right to request that the processing of their personal data by the Publisher be limited. Thus, their data can only be stored and no longer used by the Publisher.

9.4.6. RESPONSE TIMES

The Publisher undertakes to respond to any request for access, rectification or opposition or any other additional request for information within a reasonable period that may not exceed 1 month from the receipt of the request.

9.4.7. COMPLAINT TO THE COMPETENT AUTHORITY

If the Clients of the Publisher consider that the Publisher does not respect its obligations with regard to their personal data, they may submit a complaint or a request to the competent authority. In France, the competent authority is the CNIL to which they can send a request here.

9.5. TRANSFER OF COLLECTED DATA

9.5.1. TRANSFER TO PARTNERS

The Publisher uses authorized service providers to facilitate the collection and processing of its Clients' data. These providers may be located outside of the European Union.

The Publisher has previously ensured the implementation of adequate guarantees and compliance with strict conditions regarding confidentiality, use and data protection, for example through the US Privacy Shield.

9.5.2. TRANSFER ON REQUEST OR JUDICIAL DECISION

Clients also agree that the Publisher may communicate collected data to any person, upon request of a state authority or by judicial decision.

9.5.3. TRANSFER IN THE CONTEXT OF A MERGER OR ACQUISITION

If the Publisher is involved in a merger, assets sale, financing operation, liquidation or bankruptcy, or in an acquisition of all or part of its activity by another company, Clients consent to the data collected being transmitted by the Publisher to this company and that this company operates the processing of personal data referred to in these General conditions of service instead of the Publisher.

ARTICLE 10. PUBLISHER'S LIABILITY

10.1. NATURE OF THE PUBLISHER'S OBLIGATIONS

The Publisher undertakes to provide care and diligence necessary for the provision of quality Products in accordance with the specifications of these General Conditions. The Publisher only responds to an obligation of means concerning the services subject to these.

10.2. FORCE MAJEURE - CLIENT'S FAULT

The Publisher will not engage its liability in case of force majeure or the fault of the Client, as defined in this article:

10.2.1. FORCE MAJEURE

In the sense of these general conditions, will be considered as a case of force majeure opposable to the Client any impediment, limitation or disturbance of the Service due to fire, epidemic, explosion, earthquake, bandwidth fluctuations, failure attributable to the access provider, failure of transmission networks, collapse of facilities, illicit or fraudulent use of passwords, codes or references provided to the Client, hacking, a security breach attributable to the host of the Site or developers, flooding, power failure, war, embargo, law, injunction, demand or requirement of any government, requisition, strike, boycott, or other circumstances beyond the reasonable control of the Publisher. In such circumstances, the Publisher will be relieved from performing its obligations within the limit of this impediment, limitation or disturbance.

10.2.2. CLIENT'S FAULT

In the sense of these General Conditions, will be considered as a fault of the Client opposable to the latter any misuse of the Service, fault, negligence, omission or failure on their part or that of their appointees, failure to follow the advice given by the Publisher on its Site, any disclosure or illicit use of the Client's password, codes and references, as well as providing erroneous information or failure to update such information in their personal space. Will also be considered as a fault of the Client the implementation of any technical process, such as robots, or automated queries, whose implementation would contravene the letter or the spirit of these general conditions of sale.

10.3. TECHNICAL PROBLEMS - HYPERTEXT LINKS

If it is impossible to access the Site, due to technical problems of all kinds, the Client will not be able to claim any damage and will not be entitled to any compensation. The unavailability, even prolonged and without any limiting duration, of one or several services online, cannot be constitutive of harm to the Clients and can in no way give rise to the granting of damages from the Publisher.

The hypertext links present on the Site may refer to other websites. The responsibility of the Publisher cannot be engaged if the content of these sites contravenes the laws in force. Similarly, the responsibility of the Publisher cannot be engaged if the visit, by the Internet user, of one of these sites, caused him harm.

In the current state of the art, the rendering of representations of the Products offered for sale on this Site, particularly in terms of colors or shapes, can significantly vary from one computer to another or differ from reality depending on the quality of the graphics accessories and the screen or depending on the display resolution. These variations and differences can in no case be attributed to the Publisher who cannot be held responsible for this fact.

10.4. DAMAGES-INTERESTS CHARGED TO THE PUBLISHER

In the absence of legal or regulatory provisions to the contrary, the responsibility of the Publisher is limited to the direct, personal and certain damage suffered by the Client and linked to the failing in question. The Publisher can in no case be held responsible for indirect damages such as, loss of data, commercial harm, loss of orders, damage to brand image, commercial disturbances and loss of profits or customers. Similarly and within the same limits, the amount of damages charged to the Publisher can in no case exceed the price of the Product ordered.

10.5. HYPERTEXT LINKS AND SITE CONTENTS

The Site Contents are published for information purposes, without guarantee of accuracy. The Publisher cannot be held responsible for an omission, inaccuracy or any error contained in this information and which would cause direct or indirect damage to the User.

ARTICLE 11. INTELLECTUAL PROPERTY

11.1. LEGAL PROTECTION OF SITE CONTENTS

The Site Contents are likely to be protected by copyright and database rights. Any representation, reproduction, translation, adaptation or transformation, partial or full, made unlawfully and without the consent of the Publisher or its rights holders or successors is a violation of the Books I and III of the Intellectual Property Code and may result in legal proceedings for infringement.

11.2. CONTRACTUAL PROTECTION OF SITE CONTENTS

The Internet user commits contractually towards the Publisher not to use, reproduce or represent, in any way whatsoever, the Site Contents, whether or not protected by an intellectual property right, for any purpose other than their reading by a robot or a browser. This prohibition is not applicable to indexing robots whose sole purpose is to scan the content of the Site for indexing purposes.

ARTICLE 12. FINAL PROVISIONS

12.1. APPLICABLE LAW

These general conditions are subject to the application of French law.

12.2. CHANGES TO THESE GENERAL CONDITIONS

These general conditions can be modified at any time by the Publisher. The general conditions applicable to the Client are those in force on the day of their order or their connection to this Site, any new connection to the personal space implying acceptance if applicable of the new general conditions.

12.3. DISPUTES

Under the ordinance n°2015-1033 of 20 August 2015, all disputes that may arise in the execution of these general conditions and whose solution has not been found beforehand amicably between the parties must be submitted to the Consumer Mediation Service.

Furthermore, the Client is informed of the existence of the online dispute resolution platform.

Since 1 January 2016, mediation is mandatory for all. Thus, any professional selling to individuals is required to communicate the coordinates of a Mediator competent in case of dispute, regardless of whether they sell at a distance or in a physical store (Source: FEVAD).

12.4. ENTIRETY

The nullity of one of the clauses of the contract under the influence of a current or future legal or regulatory provision, or a legal decision that has become definitive and emanating from a competent jurisdiction or body, will not entail the nullity of the other clauses of the contract which will retain all their effects and scope. In such a case, the parties shall as far as possible replace the canceled stipulation by a valid stipulation corresponding to the spirit and object of these.

12.5. NON-WAIVER

The lack of exercise by the Publisher of the rights acknowledged by these shall in no way be interpreted as a waiver of asserting these rights.

12.6. TELEPHONE SOLICITATION

The Client is informed that he has the possibility to register on the list of opposition to telephone solicitation at the address http://www.bloctel.gouv.fr/.

12.7. LANGUAGES OF THESE GENERAL CONDITIONS

These general conditions are offered in English.

12.8. ABUSIVE CLAUSES

The stipulations of these general conditions apply subject to compliance with the imperative provisions of the Consumer Code concerning abusive clauses in contracts concluded between a professional and a consumer.