Legal notice
Legal Notice (EN)
applicable as of 07/01/2021
ARTICLE 1. PUBLISHER
You are currently connected to the website drumkit-shop.com, published by Drumkit-shop.
ARTICLE 2. HOST
Information relating to the legal and technical hosting of this site can be found at the following address: https://www.shopify.fr/legal/mentions-legales
General Terms of Use of the drumkit-shop.com website
applicable as of 07/01/2021
ARTICLE 1. PARTIES
These general conditions are applicable between Drumkit-shop, hereinafter "the Publisher", and any person, natural or legal, under private or public law, registered on the Site to purchase a Product, hereinafter "the Customer".
ARTICLE 2. DEFINITIONS
"Customer": any person, natural or legal, under private or public law, registered on the Site.
"Site Contents": elements of any kind published on the Site, whether or not protected by an intellectual property right, such as texts, images, designs, presentations, videos, diagrams, structures, databases, or software.
"The Publisher": Drumkit-shop, acting in its capacity as publisher of the Site.
"Internet User": any person, natural or legal, under private or public law, connecting to the Site.
"Product": goods of any kind sold on the Site by the Publisher to the Customers.
"Site": website accessible at the URL drumkit-shop.com, as well as the related sub-sites, mirror sites, portals, and URL variations.
ARTICLE 3. SCOPE OF APPLICATION
The Site is freely accessible and free of charge to any Internet User. Navigation on the Site implies acceptance by any Internet User of these general conditions. The simple connection to the Site, by any means whatsoever, including via a robot or a browser, shall entail full and complete acceptance of these general conditions. Upon registration on the Site, this acceptance will be confirmed by ticking the corresponding box.
The Internet User thereby acknowledges having fully read and accepted them without restriction.
Ticking the aforementioned box will be deemed to have the same value as a handwritten signature by the Internet User. The Internet User recognizes the evidentiary value of the Publisher's automatic recording systems and, unless they can provide evidence to the contrary, waives the right to contest them in the event of a dispute.
These general conditions apply to the relations between the parties to the exclusion of all other conditions, and in particular those of the Internet User.
Acceptance of these general conditions implies that Internet Users have the necessary legal capacity to do so, or failing that, that they have the authorization of a guardian or curator if they lack capacity, of their legal representative if they are minors, or that they hold a mandate if acting on behalf of a legal entity.
ARTICLE 4. PURPOSE OF THE SITE
The purpose of the Site is the sale of Products to Customers.
ARTICLE 5. CUSTOMER SERVICE
The Site's customer service is accessible from the site's contact page: https://drumkit-shop.com/pages/nous-contacter or by email at contact@drumkit-shop.com or by postal mail at the address indicated in article 1 of these general conditions.
ARTICLE 6. PERSONAL SPACE
6.1. Creation of the personal space
The creation of a personal space is an essential prerequisite for any order placed by an Internet User on the Site. To this end, the Internet User will be asked to provide certain personal information. Some of this information is deemed essential for the creation of the personal space. Refusal by an Internet User to provide said information will prevent the creation of the personal space and, incidentally, the validation of the order.
During the creation of the personal space, the Internet User is invited to choose a password. This password guarantees the confidentiality of the information contained in the personal space. The Internet User therefore refrains from transmitting or communicating it to a third party. Failing this, the Publisher cannot be held responsible for unauthorized access to an Internet User's personal space.
The Customer undertakes to regularly verify the data concerning them and to make the necessary updates and modifications online, from their personal space.
6.2. Content of the personal space
The personal space allows the Customer to consult and track all their orders placed on the Site.
The pages relating to personal spaces are freely printable by the account holder in question, but do not constitute admissible proof in a court of law. They are of an informative nature only, intended to ensure efficient management of orders by the Customer.
The Publisher undertakes to securely retain all contractual elements whose retention is required by law or current regulations.
6.3. Deletion of the personal space
The Publisher reserves the right to delete the account of any Customer who breaches these general conditions, particularly when the Customer provides inaccurate, incomplete, misleading, or fraudulent information, as well as when a Customer's personal space has remained inactive for at least one year. Said deletion shall not be considered a fault of the Publisher or a damage to the excluded Customer, who shall not be entitled to claim any compensation for this fact.
This exclusion is without prejudice to the possibility, for the Publisher, to undertake legal proceedings against the Customer, when the facts justify it.
ARTICLE 7. PERSONAL DATA
In the context of providing its services, the Publisher will be required to process personal data of its Customers.
7.1. Identity of the data controller
The entity responsible for collecting and processing data on the Site is the Publisher.
7.2. Data collected
7.2.1. Data collected from customers
Within the framework of its contractual relations, the Publisher may be required to collect and process information from its Customers, namely: Email, First and Last Name, Address, state, province, zip code, city.
7.2.2. Purposes of personal data collection
The data collected during the contractual relationship undergoes automated processing for the purpose of:
- fulfilling contractual commitments;
- contacting Customers;
- preventing illegal or illicit activity;
- enforcing the general conditions;
- initiating legal proceedings;
- verifying Customer identity.
7.2.3. Legal basis for processing
The data collected is based legally on a contractual relationship.
7.2.4. Data recipients
The data collected can only be consulted by the Publisher within the limits strictly necessary for the execution of contractual commitments.
This data, whether in individual or aggregated form, is never made freely viewable by any third-party individual.
7.2.5. Personal data retention period
The personal data collected is kept for the duration of the contractual relationship, and for the period during which the Publisher's liability may be invoked.
After the retention period, the Publisher undertakes to permanently delete the data of the individuals concerned without keeping a copy.
7.2.6. Security and confidentiality of personal data
Personal data is kept under secure conditions, according to current technical means, in compliance with the provisions of the General Data Protection Regulation and current national legislation.
Access to the Publisher's premises is also secured.
7.2.7. Data minimization
The Publisher may also collect and process any data voluntarily transmitted by its Customers.
The Publisher guides its Customers so that they provide personal data that is 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 received data that is not useful to its activities as soon as possible.
7.4. Respect for rights
Customers of the Publisher have the following rights regarding their personal data, which they can exercise by writing to the Publisher's postal address or by filling out the online contact form.
7.4.1. Right to information, access, and communication of data
Customers of the Publisher have the ability to access the personal data concerning them.
Due to the obligation of security and confidentiality in the processing of personal data incumbent on the Publisher, requests will only be processed if Customers provide proof of their identity, notably by producing a scan of their valid ID (in the case of a request via the dedicated electronic form) or a signed photocopy of their valid ID (in the case of a written request), both accompanied by the statement "I hereby declare on my honor that the copy of this identity document is true to the original. Done at ... on ...", followed by their signature.
To assist them in this process, Customers will find a letter template drafted by the CNIL here.
7.4.2. Right to rectification, deletion, and right to be forgotten of data
Customers of the Publisher have the ability to request the rectification, update, locking, or deletion of their personal data which may be inaccurate, erroneous, incomplete, or obsolete.
Customers of the Publisher may also define general and specific directives relating to the fate of personal data after their death. Where applicable, the heirs of a deceased person can require the death of their loved one to be taken into consideration and/or necessary updates to be made.
To assist them in this process, Customers will find a letter template drafted by the CNIL here.
7.4.3. Right to object to data processing
Customers of the Publisher have the ability to object to the processing of their personal data.
To assist them in this process, Customers will find a letter template drafted by the CNIL here.
7.4.4. Right to data portability
Customers of the Publisher have the right to receive the personal data they have provided to the Publisher in a transferable, open, and readable format.
7.4.5. Right to restriction of processing
Customers of the Publisher have the right to request that the processing of their personal data by the Publisher be restricted. Thus, their data can only be retained and no longer used by the Publisher.
7.4.6. Response times
The Publisher undertakes to respond to any request for access, rectification, opposition, or any other additional request for information within a reasonable timeframe, which shall not exceed 1 month from receipt of the request.
7.4.7. Complaint to the competent authority
If Customers of the Publisher consider that the Publisher does not respect its obligations regarding their personal data, they can 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.
7.5. Transfer of collected data
7.5.1. Transfer to partners
The Publisher uses authorized service providers to facilitate the collection and processing of its Customers' data. These providers may be located outside the European Union.
The Publisher has previously ensured that its service providers implement adequate guarantees and comply with strict conditions regarding confidentiality, use, and data protection, for example via the US Privacy Shield.
The Publisher uses the following subcontractors:
| Partner | Capacity | Destination Country | Processing Performed |
| Shopify | Host | Canada | Payment and invoicing |
| Data analysis | USA | Analysis on how the Services are used, detecting fraudulent activities, and generating error and emergency reports | |
| OVH | Email service | France | Sending emails |
7.5.2. Transfer upon requisition or judicial decision
Customers also consent to the Publisher communicating collected data to anyone, upon requisition by a state authority or by judicial decision.
7.5.3. Transfer in the context of a merger or acquisition
If the Publisher is involved in a merger, asset sale, financing operation, liquidation, or bankruptcy, or in an acquisition of all or part of its business by another company, Customers consent to the collected data being transmitted by the Publisher to that company and to that company performing the personal data processing referred to in these General Terms of Service in place of the Publisher.
ARTICLE 8. INTELLECTUAL PROPERTY
8.1. Legal protection of Site Contents
The Site Contents may be protected by copyright and database rights. Any representation, reproduction, translation, adaptation, or transformation, in whole or in part, carried out illegally and without the consent of the Publisher or its successors or assignees constitutes a violation of Books I and III of the Intellectual Property Code and may give rise to legal proceedings for infringement.
8.2. Contractual protection of Site Contents
The Internet User contractually commits to 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 does not apply to indexing robots whose sole purpose is to scan the content of the Site for indexing purposes.
ARTICLE 9. FINAL PROVISIONS
9.1. Applicable law
These general conditions are subject to French law.
9.2. Modifications to these general conditions
These general conditions may be modified at any time by the Publisher. The general conditions applicable to the Customer are those in effect on the day of their order or connection to this Site, any new connection to the personal space entailing acceptance, where applicable, of the new general conditions.
9.3. Severability
The nullity of one of the clauses of this contract shall not entail the nullity of the other clauses of the contract or of the contract as a whole, which will retain their full force and scope. In such a case, the parties shall, as far as possible, replace the annulled stipulation with a valid stipulation corresponding to the spirit and object of these conditions.
9.4. Non-waiver
The failure of the Publisher to exercise the rights granted to it hereunder shall in no way be interpreted as a waiver to assert said rights.
9.5. Language of these general conditions
These general conditions are provided in French.
9.6. Unfair terms
The stipulations of these general conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning unfair terms in contracts concluded between a professional and a consumer.