TERMS OF USE

The use of the site accessible to the addresses: www.zespa.fr and www.zespa.com (the “Site”) is subject to these Terms of Use (“Terms of Use”). By using the Site, you acknowledge having read, understood and accepted without reservation these Terms of Use.

LA FABRIK SAS may at any time modify and update these Terms of Use. The Terms of Use in force at the time of use of the Site are those which are opposable to you.

We advise you to keep yourself regularly informed of the conditions in force. You can take notice at any time of the version of the Terms of Use by clicking on the links “legal notice”.

1. INTELLECTUAL PROPERTY RIGHTS

The Site is protected by copyright, trademark law and, more generally, by intellectual property law, for the whole world, as regards its form (choice, , disposition, …), as regards each of the elements of its content (trademarks, texts, images, videos, illustrations, logos, etc.). LA FABRIK SAS, its affiliated companies and / or the owners of the intellectual property rights of the Site hold all the intellectual property rights relating to the Site and the elements that make it up.

As such and in accordance with the provisions of the Code of Intellectual Property, only use of the Site and the elements that compose it for private use is authorized.

Thus, the reproduction, representation or modification, complete or partial, pages, data or any constituent element of the form and / or content of the Site, on any medium and through any which process, is prohibited without the express and prior authorization of LA FABRIK SAS or the owners of the intellectual property rights of the Site.

Brands owned by LA FABRIK SAS and / or its affiliates appearing on the Site are trademarks registered in France and / or internationally for various uses by LA FABRIK SAS and / or its affiliated companies.

Any reproduction or total or partial representation of these marks made from the Site without the express and prior authorization of LA FABRIK SAS is prohibited, in accordance with the provisions of Article L.713-2 of the Code of Intellectual Property.

Similarly, any use of the Site’s content in whole or in part for illicit purposes incurs the civil and criminal liability of the user and may be subject to prosecution.

LA FABRIK SAS is free to modify, at any time and without notice, the content of the Site.

2. LINKS

The creation of hypertext links to any of the pages or elements of the Site may only be made with the prior written consent of LA FABRIK SAS. All third-party sites with a hypertext link to the Site are not under the control of LA FABRIK SAS and LA FABRIK SAS therefore disclaims any liability (including editorial) regarding access and content to these sites.

The Site may also contain links to third-party sites that are not published or controlled by LA FABRIK SAS. Such links are only provided as a convenience. They can not and should not be interpreted as an express or implied endorsement of these sites, their content or any product or service offered there. Please refer to the general conditions of use of these sites for more details on the conditions that are applicable to you during their consultation.

3. OBLIGATIONS OF THE USER

You agree not to (a) use or permit the use of the Site in an abusive manner for unlawful, fraudulent or malicious purposes, including but not limited to: (i) hacking the Site or introducing malicious code , including viruses, or harmful data in the Site or any operating system; (ii) using a spider or any other system, device or program (automated or otherwise) to extract data or information from the Site or LA FABRIK SAS servers; (iii) sending or storing documents containing viruses, worms, Trojan horses or other harmful computer codes, files, scripts, agents or computer programs; (iv) interfering with or affecting the integrity or performance of the Site and the data contained therein; (v) attempting to gain unauthorized access to the Site, its associated systems or networks; (vi) attempting to gain unauthorized access to the accounts or personal information of other users.

4. LIMITATION OF LIABILITY

Subject to the specific provisions on online sales and consumer law, LA FABRIK SAS can in no way be held liable to you or any third party for any direct or indirect damage, whatever the cause, origin, nature and consequence, arising from the consultation or use of the Site. In particular, LA FABRIK SAS does not guarantee the uninterrupted operation of the Site and declines any responsibility in case of interruption or inaccessibility of the Site, the occurrence of bugs or viruses, any damage resulting from fraudulent acts of third parties (such as intrusions) that has led to a modification of the information made available on our Site or by making access impossible. The user declares to accept the characteristics and limits of the Internet. This limitation of liability applies to the fullest extent permitted by law.

5. MAINTENANCE, AVAILABILITY

LA FABRIK SAS will use its best efforts to maintain a reasonable level of operation and availability of the Site. LA FABRIK SAS reserves the right at any time, without notice, to limit the access to the Site and its use by the user in order to carry out maintenance operations or to make changes. The responsibility of LA FABRIK SAS can not be engaged in case of interruption of access due to these maintenance operations or update.

6. APPLICABLE LAW – DISPUTES

These Terms of Use are governed and interpreted in accordance with French law.

In the event of a dispute arising on the occasion of the use of the Site and following a failure of a written complaint from the customer or in the absence of response within a reasonable time of one (1) If you wish, you can use any alternative method of dispute settlement, including a mediation procedure at the CMAP – Paris Mediation and Arbitration Center. To submit a dispute to the mediator, the client can (i) fill in the form on the CMAP website: www.cmap.fr tab “you are: a consumer” (ii) send your request by simple or registered mail to CMAP Mediation Consumption, 39 avenue Franklin D. Roosevelt, 75008 PARIS, or (iii) send an email to consumer cmap.fr. Whatever the means used to enter the CMAP, the customer’s request must contain the following to be processed quickly: its postal address, email and telephone and the full name and address of LA FABRIK SAS, a brief summary of the facts , and the proof of the preliminary steps with LA FABRIK SAS.

You remain free to accept or refuse the use of mediation and, in case of recourse to mediation, each party is free to accept or reject the solution proposed by the mediator.

In the absence of amicable solution or recourse to the mediation, all the disputes to which the CGU could give rise will be submitted to the competent court in application of the rules enacted by the code of the civil procedure and the code of the consumption.

LEGAL NOTICE

EDITOR
Zespà Marais SARL (LA FABRIK)
The head office : 88 rue de Courcelles 75008 Paris – France
R.C.S Paris : 510 393 119
Intra-Community VAT number : FR31 510 393 119
Contact : bonjour@zespa.fr

PUBLICATION DIRECTOR
Jonathan Agrifoglio

DESIGNER
Http5000 SARL
The head office : 3 rue Passet 69007 Lyon – France
Phone : 04 72 73 19 08

HOST
Cloudways Ltd
The head office : 52 Springvale, Pope Pius XII Street Mosta MST2653 – Malte

 

PRIVACY POLICY

Zespà Marais SARL (LA FABRIK), whose registered office is at 88 rue de Courcelles 75008 Paris, registered in the Business and Companies’ Register, Paris, under number 510 393 119, is responsible for processing the personal information collected on the website www.zespa.fr or in the Zespà shop.

Zespà Marais SARL places great importance on the protection of your personal data. This document aims to inform you as clearly as possible of the type of data we collect and the reasons why we collect them.

If you have any requests concerning your information, please contact us by email at bonjour@zespa.fr  or by letter at the following address: “La Fabrik / Zespà – 88, rue de Courcelles, 75008 Paris, France”.

In the event of changes to this policy, we undertake not to substantially reduce the level of confidentiality without informing you.

We process your personal data in accordance with the legal basis of our general terms and conditions of sale (GTCS), our legitimate interests or your explicit consent, for determined, explicit and legitimate purposes as described in this document.

They will not be processed at a later date in a way incompatible with these purposes.

TYPES OF INFORMATION COLLECTED

The data collected and processed are appropriate, relevant and not excessive with regard to the purposes for which they are collected and their subsequent processing. We collect only the information we need to carry out our e-commerce and retail sales of shoes activity.

As part of this activity, we are required to collect the following personal information online or in the shop:
— Contact information: name, first name, email address, sex, telephone, date of birth, language, preferred currency, browsing country
— Delivery information: personal address (name/first name, street, postcode, city, country, delivery comments) and billing address
— “Opt-in to our newsletter” information: opt-in date, IP address
— Technical information: technical logs, IP address
— Your Zespà order history.
— History of your products seen at Zespà
— Transaction information: data relating to the transactions carried out on the website (payment method, internal transaction number, type of card used, last 4 numbers on the card, expiry date). Payment is managed  by a specialist service provider according to the payment method (Paypal / PayZen): we have no access to the complete number of your bank card and its security code.
— Data relating to your buying habits such as the order date, buying frequency, your average basket, the type(s) of product(s) purchased
— History of your relations with our services: telephone calls, emails exchanged with our customer services
—Google or Facebook ID if you use the Google or Facebook connection to sign into your customer account.

This information is provided voluntarily by filling in the fields marked as non-mandatory and indicated as such by an asterisk (*

Information concerning the connection to your customer account

To set up an account you need to create a password. This password is encrypted and known only to you. We recommend that you never disclose it to anyone else. We do not have access to it. If you have forgotten your password, a new password will be generated randomly and sent to you at your contact email address.

Your ID is the email address that you entered to set up the account. You have the option of ticking the “Remember me” box to avoid having to enter this ID and the attached password every time.

DATA SECURITY

The data that you entrust to us is very carefully protected, using the services of a host who offers the highest possible standards of security to protect our databases containing your personal information.

We use Secure Sockets Layer (SSL) technology to send information over the Internet in complete security. We also use authentication procedures for users who have access to our systems. Access to personal information is limited to Zespà Marais SARL’s employees and approved subcontractors who need access to these data in order to carry out their tasks.

PURPOSES FOR WHICH DATA ARE COLLECTED AND THE LEGAL BASES FOR THEIR PROCESSING

The personal data processing operations that we carry out:

  • Are required for the performance of the general terms and conditions of sale that you accept at the time of the order, or for the performance of precontractual measures taken on your initiative;
  • Or are required for the purposes of the legitimate interests that we pursue, such as sales prospecting or the smooth running of the website;
  • If the processing operations are not made necessary in the above-mentioned cases, or if we are ordered to do so by law, we will ask you for your explicit consent.

We process personal data for the following reasons (purposes):

— to perform our contractual and legal obligations and to respond to your requests and complaints before and after an order
— to provide personalised browsing on the website www.zespa.fr: proposing associated products according to type, history of products recently viewed, personalised recommendations (technical information, history, data relating to your buying habits)
— to deliver your orders as quickly as possible (personal and delivery information)
— to manage our customer relations efficiently in compliance with our GTCS.
— to run our accounting system, generate invoices and prove the accounting/fiscal reality of our transactions (transaction data)
— to manage our risk policy, e.g. by detecting unusual transactions (transaction data)
— to offer you sales operations that match your profile. These sales proposals may be the result of customer segmentation, your buying habits, your average basket, your sales history or the products that you view.

DETAILS CONCERNING THE SENDING OF INFORMATION

You are specifically informed that Zespà Marais SARL will contact you by email in two separate ways:

Sending transaction information and information relating to your activity on the website (account set-up, order confirmation, shipment tracking, account monitoring and loyalty points). We need this information intrinsically to ensure that our services run smoothly. It does not require prior consent and enables us to fulfil our contractual, accounting and legal obligations.

— Sending commercial information: the Zespà Marais SARL newsletter is sent at a rate of 2 or 3 emails per week. We ask you to give your explicit consent to register for the newsletter via a tick-box. In accordance with the provisions of article L. 34-5 of the Postal and Electronic Communications Code, by consent is meant any manifestation of free, specific and informed will by which a person accepts that personal data concerning him/her may be used for direct prospecting purposes.

However, even in the absence of consent, direct prospecting by email is authorised if your contact details have been collected directly from you during a sale (order of products from our website) and if the direct prospecting concerns similar Zespà Marais SARL products or services.

You may uninscribe from the circulation list at any time by clicking on the “uninscribe” link at the bottom of the email that you receive or by sending us a demand. If you have opened a customer account, you may also uninscribe from the newsletter directly from your customer account in the section “Personal information > Newsletter registration”.

Zespà Marais SARL may also send you special offers by SMS, subject to your prior consent. You may uninscribe by replying STOP to the SMS or from your customer account in the section “Personal information > Newsletter registration”.

Zespà Marais SARL will not contact you by telephone, except for customer service reasons (problem with your order, delivery problem, etc…).

The information collected by Zespà Marais SARL is intended only for Zespà Marais SARL and its technical service providers, who are subject to obligations of privacy and of compliance with the laws in force. We do not sell any of your personal data to third parties, whether or not they are partners.

TRANSFER OF YOUR PERSONAL DATA TO OTHER ENTITIES

Zespà Marais SARL may be required to transfer part of your personal data to the following entities:
— Logistics and delivery service provider: logistics specialist, delivery firm
— Technical service provider: web host
— Payment service provider: Paypal, PayZen (Lyra)
— Marketing service provider: email-shots, advertising, retargeting by Google, Facebook

Zespà Marais SARL ensures that all its service providers comply with the General Data Protection Regulation (GDPR) and with the French Data Protection Act (Loi Informatique et Libertés).

You will find Paypal’s commitments on the following pages:

https://www.paypal.com/fr/webapps/mpp/paypal-and-your-data

https://www.paypal.com/fr/webapps/mpp/ua/privacy-full

If data is transferred outside the European Union, Zespà Marais SARL undertakes to comply with the regulations applicable to data transfers and to refrain from any transfer to a country that does not offer an adequate level of protection as defined by the CNIL criteria.

STORAGE OF YOUR PERSONAL DATA

With minimisation in mind, personal data that are processed are not kept for any longer than the time taken to perform the obligations defined on the conclusion of the contract or for the duration of the contractual relationship.

Concerning your customer account, if it has not been used to place an order, the account will be deleted immediately on request.

Concerning your customer account, if it has been used to place orders, the information will be kept for the period required for commercial prescription (5 years).

Concerning registration for our newsletter, the information will be kept for 2 years after our last contact with you (as attested to by the date on which the newsletter was read).

An automatic purge of your personal data is organised according to the following periods:

Type of dataStorage period
Register for newsletter email2 years after the first opening of the newsletter – the data are deleted from our bases.
Customer account inactive2 years after the last connection to the customer account – the data are deleted from our bases.
Customer account active2 years after the last connection to the customer account or 5 years after the last order – the data are anonymised in our bases.

For bank card payments, the card number and expiry date may be kept for a period of thirteen months after the debit date as proof in the event of any dispute over the transaction. This period will be extended to fifteen months to include the possibility of using payment cards for deferred debits.

We may keep bank card data for a longer period, provided that we have obtained your agreement, after having informed you of the purpose (facilitating payment for regular customers, avoiding having to re-enter codes for each payment for those who wish). In all cases, bank card data will be deleted when the card reaches its expiry date.

INSTRUCTIONS IN THE EVENT OF A SECURITY FLAW

We are committed to using all the appropriate technical and organisational measures involving physical and logistical security methods to guarantee a suitable level of security to protect against the risk of accidental, unauthorised or illegal access, disclosure, alteration, loss or destruction of the personal data concerning you.

If we become aware of an illegal access to the personal data concerning you stored in our servers or those of our service providers, or of an unauthorised access resulting in the realisation of the risks identified above, we undertake to:

  • Inform you of the incident as soon as possible if that fulfils a legal requirement;
  • Examine the causes of the incident;
  • Take all reasonable steps to reduce the negative effects and prejudice that may result from the said incident

In no circumstances may the above commitments relating to notification in the event of a security flaw be considered as an acknowledgement of fault or liability regarding the occurrence of the incident in question.

YOUR RIGHTS AND HOW TO EXERCISE THEM

In accordance with the applicable regulations, you have the following rights relating to the protection of your personal data:

— Right of access: you may ask for any information relating to your personal data held by Zespà Marais SARL.
— Right of correction: you may ask to modify the personal information in our possession at any time.
— Right to limit processing: you may ask to limit the processing of your personal data.
— Right to delete: you may ask for your personal data to be deleted, within the limit of what is permitted by the regulations.
— Right of objection: you may object to the processing of your personal data, particularly any commercial processing via the newsletter.
— Right to withdraw your consent: you may withdraw your consent to receive our commercial information at any time.
— Right to data portability: you may ask to receive a copy of all the personal information in our possession.

You may exercise the above rights by contacting us by email at bonjour@zespa.fr  or by post at the following address “La Fabrik / Zespà – 88, rue de Courcelles, 75008 Paris, France”.

If you exercise your right of access or correction, we would ask you to send us a copy of proof of identity (identity card, passport or driving licence). The data relating to proof of identity may be kept for the period referred to in article 9 of the criminal procedure code (one year). If you exercise your right of objection, these data may be archived for the prescription period referred to in article 8 of the criminal procedure code (three years).

In accordance with the regulations, you may register a complaint with the competent control authority in France: CNIL – 3 Place de Fontenoy, 75007 Paris or on https://www.cnil.fr/fr/plaintes.

In the event of a difference between the French and English versions of the Privacy Policy, the French version will prevail.

This personal data protection information was updated on 3 December 2018.

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