MANDATORY INFORMATION
In this section you will find successively:
A. MyLittleRedCar's Privacy Policy
B. Terms of Use of the MyLittleRedCar Website
C. MyLittleRedCar's General Terms and Conditions of Sale
D. MyLittleRedCar's Shipping Policy
E. MyLittleRedCar's Refund Policy
F. Legal Notices of the MyLittleRedCar Website
A. The Privacy Policy
(GDPR standard)
Security and protection of personal data
This tool is provided to you free of charge. It is based on information derived from the firm's professional analysis of GDPR compliance. However, as compliance is a dynamic process and every situation is unique, the information provided must be adapted and should not be considered exhaustive or definitive. Unless you request a review and validation by the firm, the generated document is considered informational only. Consequently, you are solely responsible for the interpretations you make of the information provided, the advice you derive from it, and any adaptations you make for your own business. Therefore, the use and application of this tool is entirely at your own risk and responsibility.
Definitions: The Publisher: The individual or legal entity that publishes the online public communication services. The Site: All websites, web pages, and online services offered by the Publisher. The User: The person using the Site and its services.
Nature of the data collected
In connection with the use of the Sites, the Publisher may collect the following categories of data concerning its Users: Civil status, identity, and identification data... Connection data (IP addresses, event logs...)
Disclosure of personal data to third parties: no disclosure to third parties
Your data will not be shared with any third parties. However, you are hereby informed that it may be disclosed pursuant to a law, regulation, or decision of a competent regulatory or judicial authority.
Prior notice regarding the disclosure of personal data to third parties in the event of a merger/acquisition. Prior notice and opt-out option before and after the merger/acquisition.
In the event that we take part in a merger, acquisition or any other form of asset transfer, we undertake to guarantee the confidentiality of your personal data and to inform you before it is transferred or becomes subject to new privacy rules.
Purpose of reusing collected personal data
Perform customer management operations related to contracts; orders; deliveries; invoices; accounting and in particular customer account management; • a loyalty program within one or more legal entities; customer relationship management such as conducting satisfaction surveys, handling complaints and after-sales service; • selecting customers to participate in studies, surveys and product tests (unless consent is obtained from the individuals concerned under the conditions set out in Article 6, these operations must not lead to the creation of profiles likely to reveal sensitive data – racial or ethnic origin, philosophical, political, trade union or religious opinions, sexual life or health of individuals)
The development of trade statistics
The organization of competitions, lotteries, or any promotional operation, excluding online gambling and games of chance subject to the approval of the French Online Gaming Regulatory Authority (ARJEL). Data aggregation. Aggregation with non-personal data.
We may publish, disclose and use aggregated information (information relating to all our Users or to specific groups or categories of Users that we combine in such a way that an individual User can no longer be identified or mentioned) and non-personal information for industry and market analysis, demographic profiling, promotional and advertising purposes and other business purposes.
Aggregation with personal data available on the User's social media accounts
If you connect your account to an account on another service for cross-posting, that service may share your profile information, login details, and any other information you have authorized them to disclose with us. We may aggregate information relating to all our other Users, groups, accounts, and publicly available personal data about the User.
Collection of identity data
Free access: browsing the Site does not require prior registration or identification. You can browse without providing any personally identifiable information (name, surname, address, etc.). We do not record any personally identifiable information simply for browsing the Site.
Collection of identification data: use of the user's ID for matchmaking suggestions and commercial offers. We use your electronic identifiers to search for existing connections via login, email address, or services.
We may use your contact information to allow others to find your account, including through third-party services and client applications. You can upload your address book so we can help you find acquaintances on our network or allow other users on our network to find you. We may provide suggestions to you and other network users based on contacts imported from your address book. We may partner with companies that offer incentives. To support these types of promotions and incentives, we may share your electronic identifier.
Terminal data collection
We do not collect or store any technical data from your device (IP address, Internet service provider, etc.).
Cookies
Cookie retention period: In accordance with CNIL recommendations, the maximum retention period for cookies is 13 months from the date they are first placed on the User's device, which is also the validity period of the User's consent to the use of these cookies. The lifespan of cookies is not extended with each visit. The User's consent must therefore be renewed after this period.
Purpose of cookies
Cookies may be used for statistical purposes, particularly to optimize the services provided to the User, by processing information regarding access frequency, page personalization, as well as actions performed and information consulted. You are hereby informed that the Publisher may place cookies on your device. The cookie records information relating to your browsing activity on the service (the pages you have viewed, the date and time of viewing, etc.), which we may read during your subsequent visits.
Opt-in for the placement of cookies
We do not use cookies. Should we use them in the future, you will be informed beforehand and given the option to disable them. Technical data retention
Technical data retention period
Technical data is kept for the period strictly necessary to achieve the purposes referred to above.
Retention period for personal data and anonymization
Data retention during the duration of the contractual relationship In accordance with Article 6-5° of Law No. 78-17 of 6 January 1978 relating to information technology, files and freedoms, personal data undergoing processing shall not be retained beyond the time necessary for the performance of the obligations defined at the time of conclusion of the contract or the predefined duration of the contractual relationship.
Retention of anonymized data beyond the contractual relationship / after account deletion
We retain personal data only for the period strictly necessary to fulfill the purposes described in these Terms and Conditions. Beyond this period, it will be anonymized and retained for purely statistical purposes and will not be used in any other way.
Data deletion after account deletion
Data purging mechanisms are in place to ensure the effective deletion of data once the retention or archiving period necessary for fulfilling the specified or required purposes has been reached. In accordance with French Law No. 78-17 of 6 January 1978 on Information Technology, Data Files and Civil Liberties, you also have the right to have your data deleted, which you may exercise at any time by contacting the Publisher.
Data will be deleted after 3 years of inactivity.
For security reasons, if you have not authenticated on the Site for a period of three years, you will receive an email inviting you to log in as soon as possible, otherwise your data will be deleted from our databases.
Account deletion
Account deletion on request: The User has the option to delete their Account at any time, by simply requesting it from the Publisher OR via the Account deletion menu in the Account settings, if applicable.
Account deletion in case of violation of the Terms of Service
In the event of a breach of one or more provisions of the Terms of Service or any other document incorporated herein by reference, the Publisher reserves the right to terminate or restrict, without prior notice and at its sole discretion, your use of and access to the services, your account and all Sites.
Instructions in case of a security breach detected by the Publisher
User notification in case of a security breach
We are committed to implementing all appropriate technical and organizational measures to ensure a level of security commensurate with the risks of accidental, unauthorized, or unlawful access, disclosure, alteration, loss, or destruction of your personal data. In the event that we become aware of unlawful access to your personal data stored on our servers or those of our service providers, or of unauthorized access resulting in the realization of the risks identified above, we undertake to:
We will notify you of the incident as soon as possible;
Investigate the causes of the incident and inform you of them;
Take all reasonable steps to mitigate any negative effects and damages that may result from said incident
Limitation of liability
Under no circumstances may the commitments defined in the point above relating to notification in the event of a security breach be construed as any admission of fault or responsibility for the occurrence of the incident in question.
Transfer of personal data abroad
No transfer outside the European Union. The Publisher undertakes not to transfer the personal data of its Users outside the European Union.
Changes to the Terms of Service and Privacy Policy
In the event of any changes to these Terms and Conditions, we commit not to substantially lower the level of confidentiality without prior notice to the persons concerned. We undertake to inform you in the event of any substantial changes to these Terms and Conditions, and not to substantially lower the level of confidentiality of your data without informing you and obtaining your consent.
Applicable law and appeal procedures
Application of French Law (CNIL Legislation) and Jurisdiction These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of France, and in particular Law No. 78-17 of 6 January 1978 on Data Processing, Data Files and Individual Liberties. The choice of applicable law does not affect your rights as a consumer under the applicable law of your place of residence. If you are a consumer, you and we agree to submit to the non-exclusive jurisdiction of the French courts, which means that you may bring an action relating to these Terms of Use in France or in the EU country in which you live. If you are a business, all actions against us must be brought before a court in France. In the event of a dispute, the parties will seek an amicable solution before taking any legal action. In the event of failure of these attempts, all disputes concerning the validity, interpretation and/or execution of these Terms and Conditions must be brought, even in the case of multiple defendants or third-party claims, before the French courts.
Data portability
The Publisher is committed to providing you with the option to have all your personal data returned to you upon request. This ensures that you have greater control over your data and retain the ability to reuse it. This data must be provided in an open and easily reusable format.
B. Website Terms of Use
These terms and conditions of sale are concluded on the one hand by Julien Melica MyLittleRedCar 44 rue de Kingersheim 68270 Wittenheim and managing the website mylittleredcar.com and, on the other hand, by any natural or legal person wishing to make a purchase via the website mylittleredcar.com referred to hereinafter as "the buyer".
Article 1. Purpose
These terms and conditions of sale aim to define the contractual relationship between MyLittleRedCar and the buyer, and the conditions applicable to any purchase made through the website mylittleredcar.com. Purchasing a product through this website implies the buyer's unreserved acceptance of these terms and conditions of sale, which the buyer acknowledges having read prior to placing their order. Before any transaction, the buyer declares, firstly, that the purchase of products on the mylittleredcar.com website is unrelated to their professional activity and is limited to strictly personal use, and secondly, that they have full legal capacity to enter into this agreement under these terms and conditions of sale.
MyLittleRedCar reserves the right to modify these terms and conditions of sale at any time, in order to comply with any new regulations or to improve the use of its website. Therefore, the applicable terms and conditions will be those in effect on the date the order is placed by the buyer.
Article 2. Products
The products offered are those listed on the MyLittleRedCar website, mylittleredcar.com, subject to availability. MyLittleRedCar reserves the right to modify its product range at any time. Each product is presented on the website with a description outlining its main technical characteristics. Photographs are as accurate as possible but are not contractually binding on the Seller. The sale of products presented on the mylittleredcar.com website is intended for all buyers residing in countries that fully authorize the import of these products.
Article 3. Prices
The prices listed on the product pages of the online catalog are in Euros (€), inclusive of all taxes (VAT included), based on the VAT rate applicable on the day of the order. Any change in the VAT rate may be reflected in the price of the products. MyLittleRedCar reserves the right to modify its prices at any time; however, the price listed in the catalog on the day of the order will be the only price applicable to the buyer. The prices indicated do not include delivery charges, which are billed in addition to the price of the products purchased, depending on the chosen formats and the total weight of the order.
Article 4. Ordering and payment terms
Before placing an order, the buyer must log in to the mylittleredcar.com website. The login section is accessible directly after clicking "proceed to checkout" in the Shopping Cart. MyLittleRedCar offers the buyer the option to order and pay for their products in several steps, with two payment options:
- Secure payment via PayPal or credit card: The buyer selects the products they wish to order and adds them to their "shopping cart," modifies the order if necessary (quantities, product codes, etc.), and verifies the delivery address or enters a new one. Shipping costs are then calculated and displayed to the buyer, along with the name of the carrier. Next, the buyer chooses their preferred payment method: "Payment via PayPal" or credit card. The following step allows them to review all the information, read and accept these terms and conditions by checking the corresponding box, and then confirm their order by clicking the "Confirm my order" button. Finally, the buyer is redirected to the secure PayPal interface to safely enter their PayPal account or credit card details. If the payment is accepted, the order is registered and the contract is definitively formed. Payment via PayPal or credit card is irrevocable. In the event of fraudulent use of the card, the buyer may request cancellation of the card payment; the sums paid will then be credited back or refunded. The cardholder is not liable if the disputed payment is proven to have been made fraudulently, remotely, without physical use of their card. To obtain a refund of the fraudulent debit and any bank charges incurred, the cardholder must dispute the charge in writing with their bank within 70 days of the transaction, or 120 days if their contract with the bank stipulates this extension. The debited amounts are refunded by the bank within a maximum of one month after receipt of the cardholder's written dispute. The cardholder will not be charged any fees for the refund.
Order confirmation implies acceptance of these terms and conditions of sale, acknowledgement of having read and understood them fully, and waiver of any conflicting terms and conditions of purchase. All data provided and the recorded confirmation will serve as proof of the transaction. If the buyer has an email address and has provided it on the order form, MyLittleRedCar will send an email confirming the order registration.
If the buyer wishes to contact MyLittleRedCar, they can do so either by mail to the following address: MyLittleRedCar, Mr. Julien Melica, 44 rue de Kingersheim, 68270 Wittenheim; or by email to the following address: contact@mylittleredcar.com; or by telephone at +33699296969
Article 5. Retention of Title
MyLittleRedCar retains full ownership of the products sold until full payment of the price, including principal, fees and taxes.
Article 6. Withdrawal
Under Article L121-20 of the Consumer Code, the buyer has a period of seven working days from the delivery of their order to exercise their right of withdrawal and thus return the product to the seller for exchange without penalty, except for the return costs.
However, according to Article L121-20-2
The buyer's right of withdrawal cannot be exercised, unless the parties have agreed otherwise, for the following contracts:
For the provision of services whose performance has begun, with the consumer's agreement, before the end of the seven-day cooling-off period;
This is the case with MyLittleRedCar's custom artistic creations.
"Your MyLittleRedCar…"
Supply of goods made to the consumer's specifications or clearly personalized.
An optional wood or aluminum frame requires custom cutting of moldings, and the framing service: irreversible gluing of the artwork onto a rigid support, sealing of the frame by gluing a paper strip, etc.
The right of withdrawal therefore only applies to FineART Prints delivered unframed.
Article 7. Delivery
Deliveries are made to the address indicated on the order form, which must be within the agreed geographical area. Orders are shipped via La Poste's Colissimo service or to a relay point, a tracked delivery service requiring no signature upon receipt, or by a transport company (Chronopost, TNT, UPS) depending on the nature of the goods being shipped. Delivery times are provided for informational purposes only; if they exceed thirty days from the date of the order, the sales contract may be canceled and the buyer refunded. MyLittleRedCar may provide the buyer with the tracking number for their package via email. The buyer's order is delivered to their home by their postal carrier. If the buyer is absent, they will receive a delivery notice from their postal carrier, allowing them to collect the ordered products from the nearest post office within the timeframe specified by the postal service. The buyer assumes all risks associated with shipping from the moment the items leave MyLittleRedCar's premises. The buyer is required to check the condition of the packaging and its contents upon delivery, in the presence of the postal worker or delivery person. In the event of damage during transport, any claim must be made to the carrier within three days of delivery.
Article 8. Warranty
All products supplied by MyLittleRedCar are covered by the legal guarantee stipulated in Articles 1641 et seq. of the French Civil Code. In the event of a product being defective, it may be returned to MyLittleRedCar, which will either accept the return or offer an exchange. All claims and exchange requests must be made by mail to the following address: MyLittleRedCar, Mr. Julien Melica, 44 rue de Kingersheim, 68270 Wittenheim, France, within thirty days of delivery.
Article 9. Liability
MyLittleRedCar, in the context of distance selling, is only bound by an obligation of means. It cannot be held liable for any damage resulting from the use of the Internet, such as data loss, intrusion, viruses, service interruptions, or other unintentional problems.
Article 10. Intellectual Property
All elements of the mylittleredcar.com website are and remain the exclusive intellectual property of MyLittleRedCar. No one is authorized to reproduce, exploit, or use in any way whatsoever, even partially, any elements of the site, whether in the form of photos, logos, visuals, or text.
Article 11. Personal Data
MyLittleRedCar is committed to protecting the confidentiality of information provided by the buyer, which may be required for the use of certain services. All information concerning the buyer is subject to the provisions of French Law No. 78-17 of January 6, 1978. As such, the user has the right to access, modify, and delete their personal information. They may submit a request at any time by mail to the following address: MyLittleRedCar, Mr. Julien Melica, 44 rue de Kingersheim, 68270 Wittenheim, France.
Article 12. Dispute Resolution
These terms and conditions of distance selling are governed by French law. For all disputes or litigation, the competent court will be that of Mulhouse.
C. General Terms and Conditions of Sale
Article 1. PURPOSE
Placing an order with MyLittleRedCar on the online sales site or directly with Julien Melica implies the customer's unreserved acceptance of these general terms and conditions of sale, unless specific conditions are agreed to in writing by the photographer Julien Melica with the customer. Any document other than these general terms and conditions of sale, including catalogs, brochures, advertisements, and notices, is for informational purposes only and is not contractually binding. These general terms and conditions of sale form an indivisible contractual document with the order form on the reverse side.
Article 2. ORDERS
Any MyLittleRedCar order placed outside the online sales site must be ratified by a voucher signed by the customer or their representative.
Article 3. ORDER MODIFICATION
All MyLittleRedCar orders placed are irrevocable for the client, unless expressly agreed otherwise by the photographer. Any request to modify a MyLittleRedCar order placed by a client will only be considered if the request is made in writing, including by email.
If the client modifies the MyLittleRedCar order, photographer Julien Melica will no longer be bound by the agreed-upon deadlines for its completion. If the service is postponed to year N+1 (N = the initial order date), the service will be billed at the rate in effect on January 1st of the year the order is modified. You agree to accept the rates up to a maximum increase of 10% per year of postponement.
Article 4. CANCELLATION OF THE ORDER
In the event of a MyLittleRedCar order cancellation, the customer's contractual liability will be invoked. In this case, they will forfeit the deposit and may be liable to pay damages to the seller.
Article 5. PRICES AND PAYMENT TERMS
The prices quoted are inclusive of all taxes. MyLittleRedCar services are billed at the company's standard price list in effect on the date the order form is signed. Payment terms: Unless otherwise agreed, payments are made under the following conditions, outside of the online sales platform:
- Payment of a 30% deposit of the total amount including VAT upon placing the order. - Payment of the balance upon delivery of the photographic works by the photographer Julien Melica or before dispatch in the case of shipping.
Or
-Payment of 100% of the total amount including tax upon placing the order on the online sales site.
Article 6. DELIVERY
Delivery of MyLittleRedCar photography work is understood to be at the photographer's studio unless otherwise specified in the order. The work can be shipped at the declared value, at the client's request and expense, after full payment of the invoice, which will include said shipping costs. Delivery times are inherent to artistic work and cannot be subject to any claims.
Article 7. CLAIMS
In the event of improper processing or defects, the client must inform the photographer in writing within 3 days of receiving the photographs. Otherwise, after this period, the client will be deemed to have accepted the photographs as is.
Article 8. INTELLECTUAL PROPERTY
The intangible images of MyLittleRedCar are the property of the photographer Julien Melica. Any use of a MyLittleRedCar photograph, regardless of its nature or purpose: distribution, exhibition, reproduction, etc., outside the private sphere, without the prior written consent of the photographer Julien Melica, constitutes copyright infringement.
If the photographer agrees, a contract will be drawn up, including payment for usage rights. The client will be held responsible for any violation of this prohibition. Photographer Julien Melica owns the negative films, slides, and digital media he has created.
Article 9. STORAGE PERIODS FOR PHOTOGRAPHS
Photographer Julien Melica undertakes to keep the original documents. Any proof prints or duplicates must be ordered from the photographer.
Article 10. JURISDICTION AND APPLICABLE LAW
Before taking any legal action, the parties agree to submit their dispute to the mediator appointed by the representative organizations of professional photographers. Any matter relating to these terms and conditions of sale is governed by French law. The competent court is the court of the photographer's registered office.
D. Shipping Policy
Deliveries are made to the address indicated on the order form, which must be within the agreed geographical area. Orders are shipped via La Poste's Colissimo service or to a relay point, a tracked delivery service requiring no signature upon receipt, or by a transport company (Chronopost, TNT, UPS) depending on the nature of the goods being shipped. Delivery times are provided for informational purposes only; if they exceed thirty days from the date of the order, the sales contract may be canceled and the buyer refunded. MyLittleRedCar may provide the buyer with the tracking number for their package via email. The buyer's order is delivered to their home by their postal carrier. If the buyer is absent, they will receive a delivery notice from their postal carrier, allowing them to collect the ordered products from the nearest post office within the timeframe specified by the postal service. The buyer assumes all risks associated with shipping from the moment the items leave MyLittleRedCar's premises.
The buyer is required to check the condition of the packaging and its contents upon delivery, in the presence of the postal worker or delivery person. In the event of damage during transport, any claim must be made to the carrier within three days of delivery.
E. The Refund Policy
Under Article L121-20 of the Consumer Code, the buyer has a period of seven working days from the delivery of their order to exercise their right of withdrawal and thus return the product to the seller for exchange without penalty, except for the return costs.
However, according to Article L121-20-2
The buyer's right of withdrawal cannot be exercised, unless the parties have agreed otherwise, for the following contracts:
For the provision of services whose performance has begun, with the consumer's agreement, before the end of the seven-day cooling-off period;
This is the case with MyLittleRedCar's custom artistic creations.
"Your MyLittleRedCar…"
Supply of goods made or services according to the consumer's specifications or clearly personalized.
This is the case with an optional wood or aluminum frame which requires custom cutting of strips, and the framing service: irreversible gluing of the artwork onto a rigid support, sealing of the frame by gluing a paper strip, etc.
The right of withdrawal can therefore only apply to FineART Prints delivered unframed.
F. Legal Notices of the MyLittleRedCar Website
In accordance with the provisions of Articles 6-III and 19 of Law No. 2004-575 of 21 June 2004 for Confidence in the Digital Economy, known as LCEN, the following legal notices are brought to the attention of users and visitors of the MyLittleRedCar website.
The MyLittleRedCar website is accessible at the following address: www.MyLittleRedCar.com (hereinafter "the Site"). Access to and use of the Site are subject to these "Legal Notices" detailed below, as well as applicable laws and/or regulations.
Connecting to, using and accessing this Site implies the user's full and unreserved acceptance of all the provisions of these Legal Notices.
ARTICLE 1 - LEGAL INFORMATION
Pursuant to Article 6 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, this article specifies the identity of the various parties involved in its implementation and monitoring.
A. Website Editor
The MyLittleRedCar website is published by:
Julien Melica
Telephone: +33699296969
Email address: contact@mylittleredcar.com
hereinafter referred to as "the Publisher"
B. Publishing Director
The Director of Publication is:
Julien Mélica
Contact email address: contact@mylittleredcar.com
hereinafter referred to as "the Publication Director"
C. Website Host
MyLittleRedCar is hosted by:
Shopify
whose head office is located at the following address: 150 Elgin Street Ottawa, Ontario
Telephone: 613 241 2828
Email address: corporate@shopify.com.
hereinafter referred to as "the Host"
D. Users
All internet users who browse, read, view and use the MyLittleRedCar website are considered users.
hereinafter referred to as "Users"
ARTICLE 2 - ACCESSIBILITY
The Site is in principle accessible to Users 24/7, except in the event of interruption, whether scheduled or not, for maintenance purposes or in the event of force majeure.
In the event of inaccessibility to the Site, the Site undertakes to do its utmost to restore access. The Site shall not be held liable for any damage, of any kind whatsoever, resulting from its unavailability.
ARTICLE 3 - APPLICABLE LAW AND JURISDICTION
These Legal Notices are governed by French law. In the event of a dispute and failing an amicable agreement, the matter will be brought before the French courts in accordance with the applicable rules of jurisdiction.
ARTICLE 4 - CONTACT
To report any illegal content or activity, the User can contact the Publisher at the following address: contact@mylittleredcar.com, or by registered mail with acknowledgement of receipt addressed to the Publisher at the contact details specified in these legal notices.
The MyLittleRedCar website wishes you a pleasant browsing experience!
Julien Melica - MyLittleRedCar