Terms of service
General terms of use of the website fjorkmerino.ch
applicable from14/11/2023.
ARTICLE 1. PARTIES
These general conditions apply between Boreal SA / Fjork Merino, c, registered under number CHE114379663, registered office: Place du midi 48 - 1950 Sion - Switzerland, email: sav@fjorkmerino.com", hereinafter \u00ab the Publisher \u00bb and any natural or legal person, private or public law, registered on the Site to purchase a Product, hereinafter \u00ab the Client \u00bb."
ARTICLE 2. DEFINITIONS
"Customer": any person, natural or legal, private or public law, registered on the Site.
"\u00ab Site Contents \u00bb: elements of any kind published on the Site, protected or not by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software."
"The Publisher": Fjork Merino in its capacity as publisher of the Site.
"Internet user": any person, natural or legal, private or public law, connecting to the Site.
"Product": any kind of goods sold on the Site by the Publisher to Customers.
"\u00ab Site \u00bb: website accessible at the URL fjorkmerino.com".ch, as well as the sub-sites, mirror sites, portals, and related URL variations.
ARTICLE 3. SCOPE
The Site is freely and freely accessible to any Internet user. Browsing the Site implies acceptance by any Internet user of these general conditions. Simply connecting to the Site, by any means whatsoever, including through a robot or a browser, will constitute full and complete acceptance of these general conditions. When registering on the Site, this acceptance will be confirmed by checking the corresponding box. The Internet user thereby acknowledges having fully read and accepted them without restriction. Checking the aforementioned box will be deemed to have the same value as a handwritten signature by the Internet user. The Internet user acknowledges the evidential value of the automatic recording systems of the Publisher and, unless he proves otherwise, waives contesting them in case of dispute. These general conditions apply to the relations between the parties to the exclusion of all other conditions, including those of the Internet user. Acceptance of these general conditions implies that the Internet users have the necessary legal capacity for this, or failing that, that they have the authorization of a guardian or curator if they are incapacitated, of their legal representative if they are minors, or that they hold a mandate if they act on behalf of a legal entity.
ARTICLE 4. PURPOSE OF THE SITE
The Site's purpose is the sale of Products to Customers.
ARTICLE 5. CUSTOMER SERVICE
The Site's customer service is accessible from Monday to Friday from 08:30 to 17:30 by email at: sav@fjorkmerino.com or by postal mail at the address indicated in article 1 of these general conditions. In these last two cases, the Publisher commits to providing a response within 2 working days.
ARTICLE 6. PERSONAL SPACE
6.1. Creation of the personal space The creation of a personal space is an essential prerequisite for any order by an Internet user on the Site. To this end, the Internet user will be invited to provide a certain amount of personal information. Some of this information is considered essential for the creation of the personal space. The refusal by an Internet user to provide this information will prevent the creation of the personal space and, incidentally, the validation of the order. When creating 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 agrees not to transmit or communicate it to a third party. Otherwise, the Publisher cannot be held responsible for unauthorized access to an Internet user's personal space. The Client agrees 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 Client to view and track all orders placed on the Site. The pages related to personal spaces can be freely printed by the account holder in question but do not constitute admissible evidence in a court. They are for informational purposes only to ensure effective management of orders by the Client. The Publisher commits to securely retain all contractual elements whose retention is required by law or applicable regulations.
6.3. Deletion of the Personal Space The Publisher reserves the right to delete the account of any Client who violates these general conditions, notably when the Client provides inaccurate, incomplete, false, or fraudulent information, as well as when a Client's personal space has been inactive for at least one year. Such deletion shall not constitute a fault of the Publisher or damage to the excluded Client, who shall not be entitled to any compensation as a result. This exclusion is without prejudice to the Publisher's right to initiate legal proceedings against the Client when justified by the facts.
ARTICLE 7. PERSONAL DATA
As part of its service, the Publisher will process personal data of its Clients.
7.1. Identity of the Data Controller
The person responsible for the collection and processing of data on the Site is the Publisher.
7.2. Collected Data
7.2.1. Data Collected from Clients Within the framework of its contractual relationships, the Publisher may collect and process information from its Clients, namely: Email, First and Last Name, Phone, Contract History.
7.2.2. Purposes of Personal Data Collection The data collected during the contractual relationship is subject to automated processing with the purpose of: fulfilling contractual commitments; contacting Clients; preventing any illicit or illegal activity; enforcing the general conditions; initiating legal proceedings; verifying the identity of Clients;
7.2.3. Legal Bases for Processing The collected data is based on a contractual relationship.
7.2.4. Data Recipients The collected data can only be accessed by the Publisher within the strictly necessary limits for the execution of contractual commitments. This data, whether in individual or aggregated form, is never freely viewable by a third party individual.
7.2.5. Retention period of personal data Collected personal data is retained for the duration of the contractual relationship and for the period during which the Publisher's liability may be engaged. After the retention period, the Publisher commits to permanently deleting the data of the concerned individuals without keeping a copy.
7.2.6. Security and confidentiality of personal data Personal data is stored under secure conditions, according to current technical means, in compliance with the provisions of the General Data Protection Regulation and applicable 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 provided by its Clients. The Publisher guides its Clients to provide only personal data strictly necessary for the fulfillment of contractual commitments. The Publisher commits to retaining and processing only the data strictly necessary for its professional activities and will delete any data received that is not useful for its activities as soon as possible.
7.3. Respect of rights Clients 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 Clients of the Publisher have the possibility 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 Clients provide proof of their identity, notably by producing a scan of their valid identity document (in case of request via the dedicated electronic form) or a signed photocopy of their valid identity document (in case of a written request), both accompanied by the statement "I solemnly declare that the copy of this identity document is true to the original. Done at ... on ...", followed by their signature.
7.4.2. Right to rectification, deletion, and the right to be forgotten Clients of the Publisher have the possibility to request the rectification, updating, locking, or deletion of their personal data which may be inaccurate, erroneous, incomplete, or outdated. Clients of the Publisher can also set general and specific directives regarding the fate of personal data after their death. Where applicable, the heirs of a deceased person may require consideration of their relative's death and/or proceed with the necessary updates.
7.4.3. Right to object to data processing The Publisher's Clients have the option to object to the processing of their personal data.
7.4.4. Right to data portability The Publisher's Clients 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 The Publisher's Clients have the right to request that the processing of their personal data by the Publisher be restricted. Thus, their data may only be retained and no longer used by the Publisher.
7.4.6. Response times The Publisher commits to responding to any request for access, rectification, opposition, or any other additional information request within a reasonable time not exceeding 1 month from receipt of the request.
7.4.7. Complaint to the competent authority If the Publisher's Clients consider that the Publisher does not comply with its obligations regarding their personal data, they may file a complaint or request with the competent authority.
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 Clients' data. These providers may be located outside the European Union. The Publisher has previously ensured that its providers implement adequate guarantees and comply with strict conditions regarding confidentiality, use, and data protection.
7.5.2. Transfer on requisition or judicial decision The Clients also consent to the Publisher communicating the collected data to any person, upon requisition by a state authority or 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, the Clients consent to the data collected being transferred by the Publisher to that company and that this company processes the personal data referred to in these General Terms of Service in place of the Publisher.
