PREAMBLE

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The General Terms and Conditions of Sale are concluded ·

on the one hand, between Atelier de l’Etoile, owner of the domain www.thepochette-studio.com, - SIRET 79923551000028  - Identification number Intra Community / VAT Identification FR FR14799235510

 whose head office is established in France, 5 rue d’Armaillé 75017 Paris, publisher of the website www.thepochette-studio.com, and thereafter referred as « Atelier de l’Etoile - The pochette »,

on the other hand, any natural or legal person, making a purchase on the site www.thepochette-studio.com, and thereafter called "the customer".

 

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   1. GENERAL PROVISIONS

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The General Terms and Conditions of Sale detailed below apply to all orders placed with Atelier de l’Etoile - The pochette for all products and services offered on the Website (the “T&C’s”). They can be accessed at any times on the Website.
Atelier de l’Etoile - The pochette reserves the right to adapt or modify the T&C’s at any time, the version of the Terms and Conditions of Sale applicable to any transaction is the T&C’s published at the date of the order.

Any use of the Website and any ordering of one or more Product(s) through the Website implies full acceptance of the entire Terms and Conditions of Sale.

Only persons legally able to take out contracts for Products offered for sale on the Site may place an Order on the Website. When placing the order, the Customer guarantees to have the full legal capacity to adhere to the Terms and Conditions of Sale, to place an order and to close a sale.

 

The purchase of any Products offered on the www.thepochette-studio.com website (hereafter known as the “Site”) is subject to these general terms and conditions of sale ("Terms and Conditions of Sale"). Atelier de l’Etoile - The pochette Products are exclusively intended to be sold to end consumers, natural persons or corporations, with the exclusion of all resellers or intermediaries acting on behalf of resellers. Consequently, the customer affirms that it is acting as the end consumer and does not intend to resell the Atelier de l’Etoile - The pochette Products for commercial purposes.

 

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   2. DURATION

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These conditions apply throughout the duration of online products and services offered by the company Atelier de l’Etoile - The pochette holder of the domain called www.thepochette-studio.com

 

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   3. WEBSITE'S INFORMATION AND ACCESS

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www.thepochette-studio.com is an e-commerce merchant owned and managed by Atelier de l’Etoile - The pochette.

The Website is available to all users of the Internet network and is accessible 7 days a week, 24 hours a day, subject to any interruption, planned or not, by Atelier de l’Etoile - The pochette or its providers, for technical maintenance and/or security reasons or cases of circumstances outside of its control, i.e. “force majeure events” as recognized by the French courts. Atelier de l’Etoile - The pochette is not liable for any damage incurred by an unavailability of the Website.

Atelier de l’Etoile - The pochette does not make any promises about the availability or accessibility of the Website or guarantee that the access to the Website, the content on it or the services it provides will be delivered uninterrupted, timely or error-free. For technical maintenance and/or security reasons, Atelier de l’Etoile - The pochette may be obliged to partially or totally suspend access to the Website temporarily and without notice. By accepting these Conditions of Use, users accept any such technical interruptions.

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   4. ACCEPTANCE AND OPPOSITION TO GENERAL CONDITIONS OF SALE 

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4.1. Accessibility of the general conditions of sale

Any user can read the general conditions of sale on the www.thepochette-studio.com site by clicking on the hypertext link at the bottom of each page of the Site. The general conditions of sale may be subject to change, the conditions applicable are those in effect on the Site at the date of placing the order.

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4.2. Legal capacity of the customer

Is Customer, under the terms and conditions of sale any legal person or natural person, aged at least 18 years or having the authorization of the authorized person at the date of validation of his order. The Customer is a consumer or a professional residing in France or abroad. By paying the order, the Customer acknowledges having full legal capacity to engage under the general terms and conditions of sale.

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4.3. Acceptance of general conditions of sale

The Customer acknowledges having read the general conditions of sale and expressly declares to accept them once he has confirmed his order on the Site. Regarding orders that are not placed online on the Site (email, such...) the Customer acknowledges having read and expressly accepts the terms and conditions of sale as soon as he receives and does not dispute his order confirmation email. By accepting the terms and conditions of sale the Customer accepts without reservation all the stipulations provided for in these conditions, to the exclusion of all others. The general conditions of sale are those in force on the Site at the date of the validation of the order by the Customer. The general conditions of sale are valid for the duration necessary for the supply of the goods and services subscribed, until the extinction of their guarantees.

By creating the Personal Account, the client ensures the accuracy and completeness of the data provided.  Client shall update its personal data. If an error occurs relating to the recipient address, Atelier de l’Etoile - The pochette shall not be held liable in case of any inability to deliver the products ordered. 

 

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   5. PRODUCT CHARACTERISTICS AND PRICES

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5.1. Consulting the characteristics of products and services

Atelier de l’Etoile - The pochette presents on its Site the products and services as well as their detailed descriptions allowing the Customer to know, before the final ordering, their essential characteristics. The photographs of the products presented on the Site are as faithful as possible but cannot ensure a perfect similarity with the offered products, in particular as regards the colors.

The products offered for sale are those described and available on the Website, within the limit of available product stock. Information is updated in real time. Nevertheless, errors occurring during the update cannot held the liability of Atelier de l’Etoile - The pochette.  Atelier de l’Etoile - The pochette cannot be liable in case of an order cancellation because of stock depletion.

Atelier de l’Etoile - The pochette takes the greatest care in the presentation and description of the products in order to provide the client with the best possible information. However, some non-substantial errors may appear on the Website, which the client acknowledges and agrees to.

 

It is possible that client may receive an item previously returned by another person. Nevertheless, intact items that have not been worn, damaged nor stained are only accepted, after thorough check before being placed back in stock.

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5.2. Availability of products and validity of the offer

Our Product offers and prices are valid as long as they remain visible on the Site, subject to availability. Very occasionally, errors or changes may be made, especially in cases of simultaneous orders of the same Product by several customers. If a Product is unavailable after ordering, we will inform you of such unavailability by email or by phone as soon as possible. You will then be presented with the choice of ordering an alternative Product from the Site or cancelling your order.
Atelier de l’Etoile - The pochette shall not be liable if Products are out of stock or unavailable for orders that have been acknowleged not yet been accepted by Atelier de l’Etoile - The pochette. 
Atelier de l’Etoile - The pochette reserves the right to change the Products offered on the Site at any time and without any prior notice. In order to improve service quality and ensure greater availability of our Products for all customers of the Site, Atelier de l’Etoile - The pochette reserves the right to limit the number of Products which can be purchased per customer, in accordance with relevant applicable provisions and, in particular, with Article L121-11 of the French Consumer Code.

 

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   6. ORDER & PAYMENT

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6.1. Order

Acceptance of an order placed on the Website is subject to compliance with the procedure put in place by Atelier de l’Etoile - The pochette , expressed by a succession of different stages that the client shall follow in order to validate their order. 

Client may at any time change or remove the products added in its bag (the “Bag”). The Bag summarizes the products selected by the client, as well as its price, V.A.T. and shipping costs, excluding customs and other taxes. Client may modify at any time its Bag before validating the order.

The price paid by the client doesn’t include customs and others taxes. Such additional costs shall be directly paid by the client to the carrier.

 

Confirmation of the order by the client implies the acceptance of all provisions of T&C’s. An email confirmation summarizing the order (products, prices, product availability, quantity etc.) will be sent to the client by Atelier de l’Etoile - The pochette. For this purpose, the client formally accepts the use of email for receiving confirmation of the contents of their order from the company Atelier de l’Etoile - The pochette . In any event, the invoices are available in the 'my account' section.

 

6.2. Price

The prices of the products and services presented on the Site are indicated in Euro all taxes included (TTC). They are applicable during the validation of order by the Customer and do not include the participation to the transport costs, extra invoiced and indicated on the page "Summary" of the basket before the final validation of the order. Prices inclusive of all taxes are inclusive of VAT (Value Added Tax) for products delivered in the European Union. Items subject to VAT are subject to French VAT. Any change in the French VAT statutory rates will be reflected in the price of the products and services presented on the Site, on the date stipulated by the relevant application decree.

 

6.3. Payment

All prices quoted are inclusive of VAT. The total amount of an order is made up of the price of items and delivery charges. You can use the following payment methods: VISA, MASTERCARD. If the payment is refused by the authorization center, we will not be able to proceed with the shipment of the order.

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   7. ORDER REFUSAL

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Atelier de l’Etoile - The pochette reserves the right to remove at any time any product displayed on the Website and/or to replace or modify any content or information related to any product. Despite the best efforts of Atelier de l’Etoile - The pochette to satisfy the client expectations, Atelier de l’Etoile - The pochette may be obliged to cancel an order even after having send a confirmation by email. In such case, the order will be reimbursed.

Atelier de l’Etoile - The pochette cannot be held liable to the client or a third party in case of the removal of a product from the Website, and in case of the replacement or modification of any content published on the Website or refusal of an order after having confirmed it by email. 

Atelier de l’Etoile - The pochette  reserves the right to refuse or cancel any Order placed by a client with whom Atelier de l’Etoile - The pochette has currently a dispute concerning the payment of a previous order.

 

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   8. RIGHT OF WITHDRAWAL

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In accordance with Article L121-20 of the Consumer Code, the Customer has a period of fourteen (14) clear days from receipt of the products to exercise his right of withdrawal, without having to justify reasons, or to pay penalties except as the case may be a return charge. The period of fourteen (14) days runs from receipt of the products: when the period of fourteen (14) days expires on a Saturday, a Sunday or a holiday or holiday, it is extended until the next business day. Atelier de l’Etoile - The pochette recommends to the Customer who wishes to exercise his right of retraction to inform the Customer Service by email at atelier@thepochette-studio.com.

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After such 14 days, the sale is final. 

 

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   9. SHIPPING COSTS

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Delivery charges for our online sales site have been established according to the volumes and weight of the product according to the current rates of the post office and our carriers.

 

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   10. CONDITIONS OF RETURN OF PRODUCTS

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The products shall be returned with its original packaging, with the original labels attached, brand new, without having used it or washed it.

Return of the product(s) is the responsibility of the customer if the order was placed from abroad and is at their own risk. 

 

The Customer has a legal period of fourteen (14) days from the date of receipt of his order to signal to The pochette its intention to return the product and the reason for the return.

The return of the product or products is carried out in their original packaging, intact, accompanied by all possible accessories and documentation, in perfect condition for resale, with the indication of the order number to which the products relate. The product must be returned in a packaging provided for this purpose, not allowing the identification of the product (parcel post, bubble envelope, kraft paper, ...). Any damaged product, incomplete, absent or whose original packaging has been damaged, will not be refunded or exchanged and will be returned to the Customer. Atelier de l’Etoile - The pochette recommends to the Customer to return the products with a recommendation or a complementary insurance guaranteeing, if necessary, the compensation of the products up to their real market value in case of spoliation or loss of the package(s).

Regarding the foreign returns, the fees are in charge of the customer.

 

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   11. REFUND

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In the event of exercise of the right of retraction, Atelier de l’Etoile - The pochette is held to refund to the Customer of the sums which it paid, without penalty, with the exception of the expenses of port. The refund is due without delay and at the latest within fourteen (14) days following the date of reception of the returned products. If the return of the product (s) purchased (s) is due to an error on the part of Atelier de l’Etoile - The pochette, shipping and return will be fully refunded to the Customer.

Except as otherwise indicated by the client, repayment will be made through the same payment means used to pay the Order.

 

 

   12. CANCELLATION

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Beyond this withdrawal period, if you wish to cancel your order you must contact atelier@thepochette-studio.com. If your order has been shipped, we will ask you to return the products by following the instructions indicated by email.

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   13. MODIFICATION OF YOUR ORDER

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If you want to make changes to your order, change the delivery address or add products, do not hesitate to contact us by mail at atelier@thepochette-studio.com.

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   14. WARRANTIES

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14.1. Transport warranty

Assuming the risks related to the transport, Atelier de l’Etoile - The pochetteundertakes to deliver the products ordered by the Customer in a closed, resistant packaging, appropriate to the contents and the requirements of the transport. Any product damaged or lost during transport will be replaced. The guarantee related to the transport is valid only if the Customer or his Recipient has signed the delivery note or transport receipt presented by the carrier on which he has taken care to issue precise, dated and signed handwritten reserves. By signing the delivery note or the transport receipt, without making a reservation, the Customer acknowledges that his package has not been damaged during transport. In case of dispute the original packaging must be kept until resolution of the dispute. Atelier de l’Etoile - The pochette advises the Customer or its Recipient to inform the Customer Service by email at atelier@thepochette-studio.com within a maximum of 72 hours from delivery, after this period no claim will be taken into account.

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14.2. Guarantees and responsibility

Atelier de l’Etoile - The pochette ’s liability related to the Products is limited to the sale price of each product. 

Documents, details, descriptions and information related to the Products published on the Website are not covered under any guarantee, express or implicit, except the guarantees provided by law.

Atelier de l’Etoile - The pochette  makes no promises in respect of any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horses, cancelbots, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair a computer's functionality or operation including transmission arising from your download of any content, software you use to download the content, the Website or the server that makes it available. In this respect the client agree that it is its responsibility to install suitable anti-virus and security software on your computer hardware and other devices to protect against any such bugs, viruses or other such harmful programming routines. Subject to the first paragraph of this section, any content downloaded or otherwise obtained through the use of the Website is done at client's own risk and the client will be solely responsible for any damage to its computer system or loss of data that results from the download of any such content.

 

Atelier de l’Etoile - The pochette is only required to deliver products which are compliant with the contractual provision. Products are considered as compliant if the following conditions fulfilled : (i) they shall be compliant with the description and have the features mentioned on the Website; (ii) they shall be compliance with the uses which may reasonably be expected of it; (iii) they shall compliant with the quality and strength which may reasonably be expected of similar products.

 

14.3. Legal guarantee of conformity

In accordance with Article 211-1 and following of the Consumer Code, Atelier de l’Etoile - The pochette undertakes to deliver a product that complies with the order validated by the Customer and addresses any existing defects of conformity on delivery. Atelier de l’Etoile - The pochette recommends to the Customer who wishes to exercise his right of guarantee to inform the Customer Service as soon as he knows about it by email at atelier@thepochette-studio.com or by phone at33 1 40 68 00 00. This complaint must be motivated and accompanied by proof of the damage suffered (photos,...) In case of lack of conformity, the Customer may request the exclusion of any other compensation or damages: either the replacement of the product or the refund of the product including shipping costs.

The legal guarantee of conformity only applies to the essential characteristics of the products. The photographs of the products presented on the Site are as faithful as possible but cannot ensure a perfect similarity with the offered products, in particular as regards the colors.

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14.4. The legal guarantee of defects or hidden defects

In accordance with article 1641 and following of the civil code, the Customer also benefits from the legal guarantee of hidden defects on the products sold on the Site www.thepochette-studio.com. The implementation of the legal guarantee of conformity does not preclude the warranty action against hidden defects. Four (4) conditions must be met for the Customer to benefit from this guarantee:

·       The defect or defect affecting the purchased product is serious

·       The defect or defect must be hidden;

·       The defect or defect existed prior to the purchase even if it occurred later;

·       It must not be the consequence of misuse of the product. 

 

Finally, to benefit from the guarantee, the Customer must act as soon as possible a maximum of two (2) years from the day the defect or defect was discovered. If the four (4) conditions are met the Customer may request the exclusion of any other compensation or damages: either the replacement of the product or the reimbursement of the product including shipping costs.

 

Pursuant to order 2005-136 of February 17, 2005, of the French Consumer Code / French Civil Code, the whole of the applicable texts are reproduced here:

Art. L. 217-4 of the French Consumer Code: “The seller is obliged to deliver a product conformant to the contract and to respond to defects of conformity which exist at the time of issuance. They must also respond to conformity defects resulting from the packaging, instructions for assembly or installation when these have been made their responsibility by the contract or have been produced under their responsibility.”

Art. L. 217-5. of the Consumer Code: “To comply with the contract, the product must: 1) Be appropriate for the use normally expected for such a product and, where appropriate: a) correspond to the description given by the seller and have the qualities presented to the client in the form of a sample or model; b) have the qualities that a client might legitimately expect in view of public statements made by the seller, the manufacturer or their representative, particular in terms of advertising or labelling. 2) Or present the characteristics defined by mutual agreement by the parties or be appropriate for any special use sought by the client that has been brought to the notice of the seller and which the latter has accepted.”

Art. L. 217-12 of the Consumer Code: “Action resulting from a lack of conformity is barred by limitation for two years from the delivery of the goods.”

Art. 1641 of the Civil Code: “A seller is bound to a warranty on account of the latent defects of the product sold which render it unfit for the use for which it was intended, or which so impair that use that the customer would not have purchased it, or would only have offered a lower price for it, had they known of them.”

Art. 1648, paragraph 1 of the Civil Code: “The action resulting from critical flaws must be brought by the buyer within a period of two years following the discovery of the critical flaw.”
 
14.5. Force Majeure
Upon the occurrence of an event of force majeure, the concerned party shall inform the other within a period of fifteen (15) days of the occurrence of this event, by email or registered letter with acknowledgement of receipt. Specifically considered as cases of force majeure or fortuitous event, in addition to those regularly cited by the jurisprudence of the French courts and tribunals, are total or partial strikes, lockouts, riots, boycotts or other actions of an industrial nature or commercial disputes, civil unrest, insurrection, war, terrorism, bad weather, epidemics, blocking of the means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or statutory restrictions, legal or regulatory modifications of marketing changes, computer failure, blocking of telecommunications, including wired or wireless telecommunications networks, and any other instance independent of the will of the parties preventing the normal execution of the contractual relationship.

All the obligations of the parties will be suspended for the duration of the event of force majeure, without compensation. If the event of force majeure continues for more than three (3) months, the contract may be terminated without compensation for one or other of the parties.

 

14.6. Implementation of guarantees

Atelier de l’Etoile - The pochette agrees to refund or exchange defective products damaged or damaged or not corresponding to the customer's order.

 

           14.6.1. Acknowledgment of receipt of the complaint

Upon receipt of the complaint formulated by the client, Atelier de l’Etoile - The pochette undertakes to send the Customer an acknowledgment of receipt by e-mail indicating that the claim has been taken into account.

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           14.6.2. Customer Compensation / Product Replacement

In the event of a replacement occurring as a result of a Customer's claim implementing one of its warranties, unless the parties have agreed otherwise, the product (s) will be dispatched without delay and the Customer Service will contact the Customer or Recipient no later than 2 working days after notification of acceptance of acceptance by Atelier de l’Etoile - The pochette.

Reimbursement of the product occurring as a result of a complaint by the Customer implementing one of its guarantees: a refund without delay and at the latest within fourteen (14) working days following the date of "notification of acceptance of assumption of responsibility" will be carried out. The reimbursement includes: the price of the product(s) subject to the complaint, the transport costs related to the product (s) on the basis of the invoiced price, the costs of returns incurred by the Customer on production of a voucher (invoice,...).

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   15. APPLICABLE LAW

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The General Conditions of Sale are subject to French law. In case of disputes the Customer may make claims to the Customer Service of Atelier de l’Etoile - The pochette by mail to atelier@thepochette-studio.com or by phone 33 1 40 68 00 00 to seek an amicable solution. In the absence of an amicable agreement between the Parties, the dispute will be submitted to the French courts, only competent in the matter.

 

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   16. THE DATAS

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All your account information is only used in the context of your business relationship with www.thepochette-studio.com. This information is never shared with third parties or resold. 

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The personal data that Atelier de l’Etoile - The pochette treats are those that you provide to us when you place an order and you buy an item as well as those that we collect during your navigation or when you use the services offered on www.thepochette-studio.com.

 

Atelier de l’Etoile - The pochette may therefore collect data about you such as your name and surname, shipping address and billing address, navigation data and your shopping habits.

Your personal data are processed for the following purposes:

·       conclude and execute the contract for the purchase of items for sale on www.thepochette-studio.com;

·       provide you the services of www.thepochette-studio.com such as the inscription with the newsletter;

·       allow you to register on the Site to benefit from the services reserved for registered users;

·       manage your requests transmitted to our Customer Service.

 

 

In the aforementioned cases, the processing of your personal data is legitimate, because it is necessary for the proper performance of the contract with you or the implementation of a service that you have specifically requested. In addition, we perform statistical studies and analyzes with aggregated data to understand how users interact and use the Site to improve our offer and services.

 

Only with your prior consent, we process your personal data for:

·       carryout commercial communication activities;

·       customize the Site based on your interests.

 

16.1. Who will process your data?

Your personal data are processed by personnel trained by our company and, for organizational and operational requirements relating to the provision of services on www.thepochette-studio.com, by our service providers.

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16.2. How long do we keep your data?

We keep your personal data for a limited period of time depending on the purpose for which they were collected. At the end of this period, your personal data will be deleted or anonymised irreversibly. The retention period depends on the purpose of the processing: for example, the data collected during the purchase of articles on www.thepochette-studio.com are processed until the conclusion of all the administrative and accounting formalities, then they are archived in accordance with local tax regulations (ten years), while those used to send you our newsletters will be kept until you unsubscribe.

For more information, please see our Privacy Policy.

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16.3. What are your rights?

At any time, depending on the specific treatment, you may: revoke your consent to treatment, know your personal data in our possession, their origin and how they are used, ask for updates, rectification or integration as well as, in the cases foreseen by the provisions in force, the suppression, the limitation of the treatment or to oppose to their treatment. If necessary, you can request to receive personal data about you in the possession of Atelier de l’Etoile - The pochette in a format that can be read from an electronic device and, when it is technically possible, we will be able to transmit your data directly to a third party that you will have designated. If you believe that the processing of your personal data has been improperly exercised, you can lodge a complaint with one of the competent supervisory authorities for compliance with the standards for the protection of personal data.

 

This information note may be subject to changes and additions in the course of time, so we urge you to periodically check the contents. Whenever possible, we will make sure to inform you in good time of the changes made.