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General Terms of Sale

Preamble

These General Terms and Conditions of Sale (“GTC”) define, worldwide, the rights and obligations of the Parties in relation to the online sales offered on the Holidermie.com Website.

Any User undertakes to comply, without restriction or reservation, with these GTC when visiting the Holidermie.com Website or placing an order. The Customer must read them prior to placing any order on the Website. Validation of the Order by the Customer constitutes acceptance without restriction or reservation and prior, full and complete adherence to these General Terms and Conditions of Sale.

The main characteristics of the Products, including in particular the specifications, illustrations and capacity indications of the Products, are presented on the Website. It is the Customer’s responsibility to take these into account prior to purchase.

These General Terms and Conditions of Sale apply to the exclusion of all other terms, in particular those applicable to in‑store sales or through other distribution and marketing channels, unless specific conditions have been expressly agreed in writing by the Company. These General Terms and Conditions of Sale are accessible at any time on the Website and are systematically communicated to any Customer who requests them.

HOLIDERMIE reserves the right, at its sole discretion, to amend these GTC at any time. The applicable GTC are those accepted by the Customer at the time the Order is placed.

The Company’s legal notices are available on the Website. The Website is accessible to any user of this network. Subscription to the HOLIDERMIE plan offered by HOLIDERMIE is completed via the “HOLIDERMIE.COM” Website.

The HOLIDERMIE.com Website enables HOLIDERMIE to offer for sale cosmetic products, food supplements and beauty tools, as well as a selection of products from partner brands available in the tab called “HOLIMARKET” to users, and to subscribe to a subscription for certain food supplements entitling the subscriber to the service. This service consists of the monthly sale, by subscription, of food supplements. The Website also allows online booking of appointments in order to benefit from care services at the Holidermie boutique located at 102 rue de Turenne, Paris (3rd arrondissement), offered by HOLIDERMIE.

Governed by Articles L.111‑1 et seq. of the French Consumer Code, these General Terms and Conditions of Sale set out the rights and obligations of the parties.

The Products are intended for personal use, with no direct connection to any professional activity. In this context, the amount of each order must not exceed one thousand euros (€1,000).

1. Definitions

·      “Customer” means any natural or legal person having or not having a valid Account and/or placing one or more Orders.

·      “Order(s)” means the Customer’s firm order(s) to purchase one or more Product(s) available on the Website.

·      “Account” means a valid User account enabling Orders to be placed.

·      “Content” means the content (texts, sounds, videos) posted on the Website by HOLIDERMIE and owned by it.

·      “Personal Data” means any information relating to an identified or identifiable natural person, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person.

·      “Privacy Policy” means the document established by HOLIDERMIE describing the processing of Users’ Personal Data and defining the corresponding rights.

·      “Product(s)” means cosmetic items, food supplements, accessories and BeautyFood and, more generally, the products offered for sale by HOLIDERMIE via the Website. All Products offered for sale on the Website are new.

·      “Website” means the HOLIDERMIE online store accessible from any device (including mobile and tablet) at www.holidermie.com from which Users may place an Order.

·      “Boutique” means the Holidermie physical store located at 102 rue de Turenne, Paris (75003), where Holidermie offers various care services, Holidermie products and a selection of Holimarket products.

·      “User” means any person, whether a Customer or not, who visits or consults the Website.

·      “Subscriber” means any natural or legal person who has subscribed to a HOLIDERMIE food supplement subscription.

·      “Subscription” means the paid plan offered by Holidermie to benefit from the service consisting of receiving food supplements each month.

·      “Professional” means the buyer, whether a natural or legal person, acting within the scope of their professional activity and who does not benefit from the provisions applicable to consumers.

2. Presentation of the holidermie.com Website

The Website is published by HOLIDERMIE, a simplified joint‑stock company (société par actions simplifiée) with share capital of €20,000, registered with the Paris Trade and Companies Register under number 833 521 545, whose registered office is located at 51, avenue Montaigne, 75008 Paris (France), and represented by its President, Mélanie Huynh (“HOLIDERMIE”).

3. Placing Orders on the Website

Orders are placed through the Website.

3.1. Creating an Account

To place an Order, the User may create an Account by choosing a password.

If an Account is created, the User will receive an email from HOLIDERMIE confirming registration.

The User will then simply log in using their password. Users’ passwords are strictly personal and confidential. HOLIDERMIE recommends that Users change their passwords regularly and choose complex passwords including letters, numbers and special characters. Users must not share their passwords with others. Users are responsible for the loss or theft of their password if it is proven that they have committed a fault attributable to them. In such case, Users must inform HOLIDERMIE without delay.

For more information on Personal Data processed by HOLIDERMIE, the User is invited to consult the Privacy Policy.

3.2. Selecting Products and adding Products to the Customer’s cart

The User may select the Products of their choice, subject to their availability for online sale, and the desired quantity.

The total price including all taxes, as well as the amount of such taxes, will be displayed on the Website.

To add a Product to the cart, the User must:

  • choose the Product and the desired quantity
  • click the “add to cart” button.

Each new addition to the cart will be indicated on the Website by the display of the number of items in the cart.

At any time, the User may consult the summary of the selected Product(s) in the cart, continue shopping on the Website, or complete the Order by proceeding to payment.

3.3. Payment to complete the Order

Before finalizing and paying for the Order, the User is directed to a Website page enabling them to review and, if necessary, modify the selected Product(s).

Before proceeding with payment, the User must enter billing and delivery information and choose the shipping method.

The User will be informed of the estimated delivery time for the Products.

Before payment, the User must carefully check the Order, confirm billing and delivery details and accept the GTC.

Payment for the Products may be made by any payment method offered via the Website, notably by bank card (including MasterCard, Visa and American Express) and via the Stripe or PayPal platforms.

The Order will be processed by HOLIDERMIE only once payment has been made by the Customer.

3.4. Order confirmation by HOLIDERMIE

After placing the Order, the Customer may access, via their Account, a summary of the Order on the Website, including the order number. This summary will be sent to the Customer in a confirmation email containing all elements of the sales contract concluded between the Parties.

Such information constitutes proof of the nature, content and date of the Order placed by the Customer and shall be binding, which the Customer expressly accepts.

3.5. Delivery of Products to the address provided by the Customer

Products will be delivered to the address provided by the Customer when placing the Order.

4. Purchase conditions & Customer warranties

To place an Order, the Customer, if a natural person, must be of legal age (or, failing that, be a minor over sixteen (16) years old and place the Order with their legal representatives) and have legal capacity to contract.

If the Order is placed on behalf of a legal entity, the Customer represents and warrants that they are authorized to place the Order on behalf of that entity. In such case, the Customer undertakes to purchase the Products for personal use and not for resale to third parties.

The Customer warrants that the Products will not be delivered, sold or distributed for commercial purposes.

Any Order placed in breach of this article shall be null and void.

By validating an Order, the Customer submits to HOLIDERMIE an offer to purchase the Products placed in their cart. HOLIDERMIE reserves the right to refuse, cancel or terminate Orders at any time where circumstances make this legitimate, notably in the event of breach of the GTC or attempted fraud.

5. Product information & availability of Products offered on the Website

The Products offered for sale are those displayed on the Website and which may be ordered, except in cases of exceptional unavailability or where HOLIDERMIE exercises its right of withdrawal.

Sales offers, including promotional offers, are valid as long as they are advertised on the Website. Any promotional offer not originating from the Website cannot be validly asserted against HOLIDERMIE.

HOLIDERMIE uses its best efforts to comply with Article L.111‑1 of the French Consumer Code by making essential Product characteristics available online. Product photographs are provided for illustrative purposes only and are not contractual.

Users are invited to consult the description of each Product to learn about its essential characteristics.

In the event of exceptional unavailability of an ordered Product, HOLIDERMIE will inform the Customer as soon as possible and the Customer may change their choice or cancel the Order.

6. Subscription

The subscription consists of the shipment, each calendar month, of food supplements. By subscribing, the Subscriber accepts these General Terms and Conditions of Sale, acknowledges having read and understood them, and accepts them without reservation, knowingly.

The Subscription enrolls the subscriber in the food supplement delivery service until one party decides to terminate the contract. The Subscriber accepts the principle of a debit for an amount defined at the time of the initial order. Accordingly, for as long as the Subscription continues, the Subscriber will be debited every two (2) weeks or every month, twenty‑five (25) days after the initial Order or the renewal of an Order, and will receive the product within five (5) to seven (7) business days. The Subscriber may terminate the Subscription at any time in accordance with the terms set out in these GTC.

Within three (3) days following receipt of the subscription request, a debit request will be sent to the paying institution. The Subscription contract will be concluded upon receipt of the debit authorization by the paying institution. In accordance with applicable regulations, Customers’ bank details are not stored by the Company.

In the event of total or partial non‑payment of Products, the Customer shall pay the Company a late‑payment penalty at a rate equal to three (3) times the legal interest rate. In addition to late‑payment penalties, any sum, including any deposit, not paid on its due date by a Professional Customer shall automatically give rise to payment of a fixed indemnity of forty euros (€40) for recovery costs.

No set‑off may be made by the Customer between late penalties for delays in providing ordered services and sums owed by the Customer to the Company for the purchase of Products offered on the Website. The penalty owed by the Customer is calculated on the total amount including tax remaining due and accrues from the due date.

Payments made by the Customer shall be deemed final only after actual collection of the sums due by the Seller. The Seller also reserves the right, in the event of non‑compliance with the payment conditions above, to suspend or cancel delivery of current Orders placed by the Customer.

No additional fees, exceeding the costs incurred by the Seller for using a payment method, may be charged to the Customer.

In accordance with Article L.215‑1 of the French Consumer Code, for service contracts concluded for a fixed term with an automatic renewal clause, the Seller informs the Customer in writing (by named letter or dedicated email), at the earliest three (3) months and at the latest one (1) month before the end of the period allowing rejection of renewal, of the possibility of not renewing the contract. This information, provided in clear terms, mentions the deadline for non‑renewal.

If such information has not been sent, the Customer may terminate the contract free of charge at any time from the renewal date. Under Article L.241‑3 of the French Consumer Code, where the professional has not carried out reimbursement under the conditions provided in Article L.215‑1, sums due shall bear interest at the legal rate.

Discount codes are not valid for subscriptions, unless otherwise stated or subject to specific conditions provided for that purpose.

7. Unsubscribing

The Subscriber may suspend or terminate their Subscription at any time from the “my account” area on HOLIDERMIE.com. If termination occurs after the automatic debit for the month has been made, the Order is deemed concluded for the month concerned. Unsubscription is effective for the following month.

In no event may the subscribed Customer request cancellation of their order by relying on their termination request. Unsubscription may also result from the Company’s decision. Upon unsubscription, a Customer benefiting from a preferential rate linked to the Subscription will lose this advantage and must pay the current rate if they wish to resubscribe.

8. Online booking for care services at the Holidermie Boutique (102 rue de Turenne, 75003 Paris)

The Customer may book online care services that will take place at the Holidermie Boutique located at 102 rue de Turenne, 75003 Paris.

The Boutique has a treatment cabin and chair areas for “flash” treatments, shorter than cabin treatments. The Customer may book according to a reservation schedule open several months ahead.

To book a treatment online, the Customer must go to the dedicated page on the Website, where they can access the description of available services. The Customer selects the service, the date and a time slot. The User is then invited to log in, either by entering their email address and password if they are already a Customer, or by accurately completing the form provided, including the information necessary for identification, notably last name and first name.

The User must then choose a payment method to finalize the booking. The Customer will receive a confirmation email indicating the date and time of the treatment and the Boutique address.

The Customer may change or cancel the appointment free of charge no later than forty‑eight (48) hours before the scheduled appointment time, in the dedicated area of their Customer account. HOLIDERMIE will then refund the service in full within a maximum of fifteen (15) calendar days.

For any appointment change less than 48 hours before the scheduled time, the Customer accepts without reservation that fees may be charged. In the event of cancellation less than 48 hours before the scheduled time or failure to attend the appointment, no refund will be made; the Customer expressly accepts that the appointment will be payable in full.

In the event of cancellation less than 48 hours before the scheduled time, the Customer acknowledges that they must notify HOLIDERMIE by any means (by phone: 07.86.40.19.67; by email: boutique@holidermie.com).

9. Subscription to the HOLIDERMIE newsletter

The Customer accepts these General Terms and Conditions of Sale upon subscribing to a subscription and authorizes HOLIDERMIE to send emails to the address provided at the time of Subscription. Unsubscribing from the newsletter is possible at any time via the Customer account.

10. Deactivation of Customer account

In the event of failure to comply with obligations arising from acceptance of these GTC, payment incidents relating to an order, incorrect information provided when creating the account, or acts likely to harm Holidermie’s interests, Holidermie reserves the right, depending on the severity of the acts, to terminate the subscription and the Customer account.

The Customer may also request deletion of their Customer account by writing to info@HOLIDERMIE.com.

The Account deletion will be effective no later than two (2) months after HOLIDERMIE receives the request, except where an order is in progress.

The Customer must retrieve invoices for their Orders before deletion of the Account.

11. Evidence

The Customer acknowledges the validity and evidentiary value of electronic exchanges and records kept by HOLIDERMIE and admits that such elements have the same evidentiary value as a handwritten signed document under French Law No. 2000‑230 of 13 March 2000 adapting the law of evidence to information technologies relating to electronic signatures.

12. Product prices & delivery charges

Product prices are firm. Products will be invoiced on the basis of the tariff in force at the time the Order is confirmed.

Prices are in euros (€), net, all taxes included.

Packaging and shipping costs will be communicated to the Customer before the Order is validated.

Under no circumstances shall prices displayed on the Website when an Order is placed bind HOLIDERMIE for future orders. Product prices may be changed at any time by HOLIDERMIE without notice, except for Orders in progress.

13. Payment & invoicing

The Customer must pay for their Order in full by bank card through technical service providers such as Stripe and PayPal or by any other method that may be offered by HOLIDERMIE.

To proceed with payment, the Customer will provide payment details to the technical service provider responsible for online payment processing. Card transactions are secured.

In the event of refusal of payment authorization, HOLIDERMIE will suspend the Order and any potential delivery, and the Customer must contact directly the card issuer responsible for such refusal.

The ordered Products remain the property of HOLIDERMIE until full collection of their price. In the event of a payment incident, the Customer undertakes to return to HOLIDERMIE the Product(s) received upon first request. As of the effective delivery date, the risks (including loss, theft or deterioration) relating to delivered Products are fully borne by the Customer.

All invoices are dated on the day the Order is placed. The invoice is sent to the Customer by email.

14. Dispatch & delivery

Products will be delivered to the delivery address provided by the Customer when placing the Order.

Unless otherwise stated on the Website, HOLIDERMIE may ship Products to mainland France (including Corsica), to all countries of the European Union, and internationally, under the conditions specified on the Website.

The Order is validated once payment has been accepted by Holidermie. Holidermie reserves the right to refuse an order if the Customer already has a dispute with Holidermie or if Holidermie considers that the Customer presents a risk of non‑payment. Holidermie may then request additional information from the Customer, such as an identity document or proof of address. If the Customer does not respond within five (5) days following the order, the order and payment are cancelled. Holidermie undertakes to honor orders received only within the limits of available stock.

Our dispatch times are as follows:

  • For any order placed Monday to Friday before 12:00 p.m., the order will be dispatched the same day.
  • For any order placed Monday to Thursday after 12:00 p.m., the order will be dispatched the next day.
  • For any order placed from Friday after 12:00 p.m. to Sunday evening, the order will be dispatched the following Monday.
  • For any order placed on public holidays, the order will be dispatched the next business day.

For mainland France, standard parcels are delivered by the carrier DHL ODD. This service ensures delivery within one (1) to two (2) business days after dispatch.

The recipient receives an SMS notification.

In addition to the delivery initially scheduled by the sender, the recipient may freely choose from six (6) options:

  • delivery on another date;
  • delivery to another address;
  • authorization of delivery without signature
  • hold at the DHL agency;
  • delivery to a neighbor;
  • delivery to a relay point.

This choice is made freely and free of charge via PC or mobile.

Delivery will take place within an average of two (2) to seven (7) days from receipt of the order form, depending on the delivery method chosen, and in any event no later than thirty (30) days from receipt of the order form. Delivery times are the sole responsibility of carriers and Holidermie shall in no event be liable in the event of failure to meet delivery times.

Outside the European Union, customs or import taxes may be added to the price of HOLIDERMIE products and remain payable by the Customer. It is therefore the Customer’s responsibility to inform themselves of the amount with their local customs office.

Delivery is deemed completed upon receipt of the Order by the Customer or the recipient of their choice. It is their responsibility to verify upon receipt that Products have not been damaged during transport and to immediately inform HOLIDERMIE if this is the case.

No dispute relating to delivery itself is possible if the parcel appears to have been delivered, the carrier’s IT system or signature on the delivery slip being deemed proof.

HOLIDERMIE shall be released from all or part of its liability for any delay or failure to perform by proving that it is attributable either to the Customer, or to the unforeseeable and unavoidable act of a third party to the contract, or to a case of force majeure as provided by Article L.121‑19‑4 of the French Consumer Code.

15. Customs fees

Customs fees may be applied to any orders placed in countries outside the European Union (EU). These additional fees are not included in the total order price and are entirely payable by the Customer. The Customer is responsible for informing themselves of any customs fees applicable in their country and for paying them.

16. Non‑refunded return costs

Please note that customs duties and import taxes are not included in the total order amount. Depending on the regulations applicable in the destination country, import fees may be required by the local carrier before the parcel is handed over.

It is the Customer’s responsibility to inquire in advance about the rules in force in their country, as such fees vary according to local legislation and the value of the order. The Company cannot be held responsible for bearing or refunding these fees.

If refusal to pay customs duties and import taxes results in the order being returned, reshipment, return and handling costs will be deducted from any refund due to the Customer.

17. Instructions for returning products

Any Customer may request an exchange of their item within fourteen (14) days from the date of receipt. Returns are at the Customer’s expense.

The product for which an exchange is requested must be intact, unopened and in its original packaging.

The Customer must enclose in the package the product, the order number concerned by the return, the designation of the product(s) concerned, and a request for an exchange or store credit.

Return address:

HOLIDERMIE c/o DIMOLOG
S5, Voie du Futur, 27100 Val De Reuil, France

We advise choosing a shipping method with a tracking number. Without a tracking number, no claim will be accepted.

In addition, to ensure your return is processed as quickly as possible, we recommend notifying us by email at info@holidermie.com.

If the item is refused by Holidermie, it will be returned to the Customer at Holidermie’s expense, without the Customer being able to claim any compensation.

If the return has not been announced by the Customer, a store credit is automatically created and sent to the Customer.

18. Lack of conformity and hidden defects

The provisions of this article are without prejudice to the right of withdrawal provided for in Article IX.

In accordance with applicable legal provisions, Products benefit from the guarantees of the French Consumer Code and from the hidden defects warranty provided for in Articles 1641 et seq. of the French Civil Code.

Products must be returned, in accordance with the return procedure mentioned in Article IX, by writing to info@HOLIDERMIE.com, in perfect resale condition (unused, unconsumed, not damaged, not soiled), in their original packaging, accompanied by any accessories (excluding gift wrapping) and a copy of the invoice.

If the return is accepted, the Customer may request replacement of the Product or, if unavailable, rescission of the sale.

Return costs will be borne by HOLIDERMIE, which will provide the Customer with information enabling return of the Products.

19. Gift cards / gift vouchers

Gift cards or vouchers are offered by the Seller and allow Customers to purchase the item or care service of their choice under the following terms.

Gift vouchers are valid for one (1) year from the date of purchase. Upon expiry of this period, they are definitively forfeited by the Customer and may not give rise to any refund from the Seller at any time.

Gift cards may be credited with an amount chosen by the Customer between thirty and one thousand euros (€30 to €1,000) and may be used in one or several transactions.

Gift cards may not be used to purchase other gift cards and may not be resold to third parties.

20. Liability and warranties

The User is solely responsible for their Account, which enables, in particular, management of Orders (current or past), the Personal Data contained therein and their password.

The Customer is fully responsible for any payment incident and warrants that they have full authority to pay the total amount of any Order.

HOLIDERMIE, subject to an obligation of means (best efforts), shall not be liable for:

  • any stock shortages that may arise when an Order is placed;
  • partial or total non‑performance of its obligations or any delay in performance if such non‑performance or delay is caused by unforeseeable, irresistible and external events or if such non‑performance or improper performance is attributable to Users, or to the unforeseeable and unavoidable act of a third party;
  • difficulties related to the internet network, hosting, and more generally any technical disruption likely to occur on the Website.

Access to the Website may be interrupted for technical reasons without HOLIDERMIE incurring liability.

If HOLIDERMIE’s liability is incurred for any reason whatsoever, the maximum amount for which HOLIDERMIE may be ordered to pay shall in no event exceed the amount of the Order.

21. Contact

For any request, HOLIDERMIE may be contacted at info@HOLIDERMIE.com or by phone at +33 6 75 93 26 31.

22. Intellectual Property

The Website is a work of authorship protected by intellectual property law and is the exclusive property of HOLIDERMIE.

Any reproduction or representation, in whole or in part, of the Website or any of its elements, on any medium whatsoever, for other purposes, notably commercial purposes, is expressly prohibited.

HOLIDERMIE does not control the content, advertising, products or services available on or from third‑party sites linked to its Website.

23. Force majeure

Neither the Customer nor HOLIDERMIE shall be liable for any failure or delay in performance caused by reasons beyond their control, such as fires, floods, epidemics, famine, earthquakes, hurricanes and other natural disasters, or regulations or acts of any authority, civil or military acts of any self‑regulatory authority, wars, terrorism, riots, civil unrest, sabotage, theft or other criminal acts by third parties.

24. Transfer of ownership – transfer of risks

Transfer of ownership of the Products from the Seller to the Customer will take place only after full payment of the price by the Customer, regardless of the delivery date. In accordance with Article L.216‑4 of the French Consumer Code, regardless of the date of transfer of ownership, the transfer of risks of loss or deterioration relating thereto will occur only when the Customer takes physical possession of the Products, i.e. upon delivery. The Products therefore travel at the Seller’s risk.

25. Advertising on the Website

The Company may freely insert advertising on the Website and has full freedom of choice regarding the placement of such advertising, advertisers and the display of such advertising.

Advertising links directing the User to other websites do not, in any event, imply endorsement of the content of such websites, their services, products, advertising or any other information they disseminate.

26. Privacy policy & cookies

The Website Privacy Policy is intended to inform Users of the rules applied by Holidermie when collecting and using their Personal Data.

The Privacy Policy forms an integral part of these GTC.

By accessing and using the Website, Users acknowledge that they are bound by the Privacy Policy, which may be modified or updated at any time without notice. Any modification or update will be posted on the Website. If changes to the Privacy Policy concern matters for which Users’ consent was required, Holidermie will inform Users in order to obtain their consent again.

26.1. How does Holidermie use data and why?

Holidermie is the controller of Users’ Personal Data.

Holidermie uses Users’ Personal Data in accordance with French Law No. 78‑17 of 6 January 1978 on data processing, data files and individual liberties (“Informatique et Libertés”) and Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR), applicable since 25 May 2018 (together, the “Applicable Regulation”).

Holidermie collects and processes Users’ Personal Data fairly and lawfully, while respecting their rights.

The purposes of processing Customers’ Personal Data and their legal bases are indicated below:

  • creation of an Account and commercial management of Orders and the resulting business relationship with Users (legal basis: the GTC binding Users to Holidermie);
  • sending informational emails about HOLIDERMIE news and carrying out marketing activities (such as contests, lotteries or other promotional operations), where Users have consented or have not objected to receiving commercial offers when placing an Order for identical or similar products;
  • Website audience analysis or sales statistics (legal basis: HOLIDERMIE’s legitimate interest);
  • management of unpaid invoices and disputes (legal basis: HOLIDERMIE’s legitimate interest);
  • review management (legal basis: HOLIDERMIE’s legitimate interest in promoting and improving its products).

Purposes / Legal bases (as reflected in the original table)

  • Creating an Account on the Website — GTC binding Customers to Holidermie
  • Commercial management and performance of Users’ Orders — GTC binding Customers to Holidermie
  • Managing the business relationship between Holidermie and Users — GTC binding Customers to Holidermie
  • Managing the loyalty program — Contract binding Holidermie and Customers (loyalty program)
  • Managing the referral program — Holidermie’s legitimate interest in proposing commercial offers as part of referrals
  • Managing the beauty diagnosis form — Holidermie’s legitimate interest in promoting its products
  • Sending marketing SMS and/or emails relating to Holidermie news — Users’ consent
  • Assessing and improving the Website and related features (audience analysis, sales statistics, etc.) — Holidermie’s legitimate interest in ensuring proper operation of the Website and providing an experience aligned with Users’ expectations
  • Managing unpaid invoices and disputes — Holidermie’s legitimate interest in managing unpaid invoices and disputes
  • Managing Customer reviews relating to Products — Holidermie’s legitimate interest in promoting its products and services and improving the offering
  • Providing assistance and responding to information requests — Holidermie’s legitimate interest in providing an experience aligned with the expectations of Website Users and Customers and responding to information requests

26.2. Personal Data collected by Holidermie

Users must provide accurate, sincere and truthful personal data and update such data whenever necessary so that it remains accurate and complete.

Personal Data that may be processed includes:

  • User identity: last name and first name, postal address, email address, telephone number (optional) of Customers, and Users’ IP address;
  • data relating to Orders, including transaction and order number, purchase details and invoice data;
  • data relating to Customers’ means of payment, including bank card number, expiry date and CVV. Such data is collected only by Holidermie’s payment service providers;
  • data required to carry out loyalty actions, promotional offers and targeted advertising, including purchase history and pages visited on the Website.

Holidermie collects and uses Personal Data provided voluntarily by Users, which is necessary to place an Order or receive informational emails (newsletters).

Holidermie may also collect and use Users’ browsing data in connection with access to and use of the Website, in accordance with its Cookies Policy.

26.3. Protection, retention and deletion of Personal Data

Personal Data communicated by Users is hosted by Holidermie’s hosting providers and is accessible to Holidermie’s marketing and sales departments.

Holidermie makes every effort to prevent interference with other Users’ Personal Data, such as loss, misappropriation, intrusion, unauthorized disclosure, alteration or destruction.

Unless legal provisions impose a specific retention period, Holidermie retains Users’ and Customers’ Personal Data:

  • for the duration of the contractual relationship and up to five (5) years after an Order, and invoices for ten (10) years;
  • up to three (3) years from the last contact via the contact form;
  • for marketing, including newsletters, until consent is withdrawn or three (3) years from the last contact with Holidermie;
  • until the Account is deleted at the Customer’s request or two (2) years from the Customer’s last login.

Customers may request closure of their Account at any time, which will result in deletion of associated Personal Data, except where there is a legal obligation to retain certain data.

26.4. Transfer of Users’ Personal Data

Holidermie may transmit Users’ and Customers’ Personal Data to several recipients, including:

  • Holidermie’s marketing and sales departments, to process Orders and manage the business relationship;
  • third‑party suppliers and service providers, including:
    • Shopify, the e‑commerce solution used for the Website and the Website chatbot solution, with servers located in Ireland and Canada (for which the European Commission has recognized an equivalent level of protection to the Applicable Regulation);
    • Klaviyo, Holidermie’s emailing provider, with servers located in the United States; to ensure protection of Personal Data, Holidermie uses the European Commission’s standard contractual clauses;
    • Cegid, which provides Holidermie’s accounting management solution, with servers located within the European Union;
    • cookie solution publishers such as Google Analytics, Facebook or Instagram;
    • Dimolog, for dispatching orders, via its Egonet platform with servers located within the European Union.

Outside these cases, Holidermie undertakes not to disclose, assign or transfer Personal Data to other third parties (other than service providers) without Customers’ express agreement, but may disclose it if required by law or by judicial or administrative request.

26.5. Users’ rights in relation to their Personal Data

Under the Applicable Regulation, Users have the following rights regarding their Personal Data: the right to access, correct and request deletion of their data, and the right to receive it in a structured, commonly used and readable format (unless there is a legitimate impediment). Users may also request that Holidermie restrict processing or object to processing, including for marketing or profiling. Users also have the right to lodge a complaint with the CNIL and to define directives relating to their digital legacy.

Where Users have consented to Holidermie’s processing, they may withdraw consent at any time, it being specified that any prior processing remains lawful.

Users may also object at any time to processing of their data for marketing purposes, including by telephone. To do so, Users may register with BLOCTEL.

Users may exercise their rights by emailing info@holidermie.com or writing to: 21, rue de Marignan, 75008 Paris (France).

Under the Applicable Regulation, Holidermie has one (1) month to respond to any request, subject to a possible extension, and reserves the right to refuse any request deemed abusive due to its repetitive nature.

26.6. Cookies used by Holidermie

26.6.1. Cookies

When browsing the Website, certain information relating to Users’ navigation may be recorded in “cookies” files installed on their devices (computer, tablet, mobile phone or any other internet‑enabled device).

These cookies are issued by the Website to facilitate navigation, measure audience, propose commercial offers and communications, and interact with social modules on the Website (Facebook, etc.).

Holidermie may place cookies on Customers’ devices to allow optimal browsing conditions, save Customer profiles and restore preferences when connected from their usual device, determine services consulted or purchased, or produce statistics.

26.6.2. Types of cookies used via the Website

HOLIDERMIE uses:

  • navigation cookies necessary for the technical operation of the Website and for optimizing content display on each device;
  • functional cookies not strictly necessary but improving the experience by identifying Users, retrieving carts and preserving a chatbot conversation;
  • analytics cookies to track navigation for optimization purposes. Information collected includes the number of visitors, origin and page details. This helps HOLIDERMIE improve the Website, the shopping experience and campaigns. HOLIDERMIE uses, in particular:
    • Google Analytics (audience measurement), which stores cookies on Users’ devices and transmits data generated by cookies to Google Inc. servers in the United States; Google Inc. uses the data to evaluate use of the Website but does not combine Users’ IP addresses with other data held by Google Inc.; Google Inc. may communicate data to third parties where legally required or where such third parties process data on its behalf;
    • Shopify (privacy policy available via the link indicated on the Website);
    • the “kla_id” cookie deposited by Klaviyo to collect information about Users’ behavior on the Website, optimize the Website, or determine whether a User has subscribed to the newsletter (Klaviyo privacy policy available via the link indicated on the Website);
  • marketing and direct targeting cookies and third‑party cookies enabling commercial messages likely to interest Users based on browsing history, issued by providers such as Facebook Pixel, Google/YouTube and TikTok (privacy policies available via the links indicated on the Website).

The complete list of cookies deposited by the Website, together with their durations, is available via the link indicated on the Website.

Users can accept, refuse or set cookie preferences via the banner displayed when connecting to the Website.

HOLIDERMIE will request Users’ consent again within six (6) months.

Users may delete cookies at any time in their browser settings and configure the browser to prevent cookies from being stored. HOLIDERMIE invites Users to consult their browser help file to set the appropriate configuration. Browsing the Website without accepting cookies may be degraded.

26.6.3. Traffic

Traffic data is generated when Users’ devices connect to the internet and to the Website.

Such data may be used for statistical purposes to analyze Website traffic and improve the Website by adapting it to Users’ needs. Traffic data is never used by HOLIDERMIE in a nominative way.

27. Final provisions

The GTC, the Privacy Policy and the Order terms constitute the entire agreement between Users and HOLIDERMIE.

Failure by HOLIDERMIE to enforce any provision of the GTC shall not be construed as a waiver.

If one or more provisions of the GTC are declared invalid, the other provisions shall remain in full force and effect. Where possible, the Parties shall replace any invalid provision with a valid provision corresponding to the spirit and purpose of the GTC.

The GTC are governed by French law. The French version of the GTC shall prevail over any other version.

In the event of a dispute, the non‑professional Customer may have free recourse to mediation or any other alternative dispute resolution method (Articles L.612‑1 et seq. of the French Consumer Code).

TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE REGARDING THE VALIDITY, INTERPRETATION OR PERFORMANCE OF THE GTC SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE COURTS WITHIN THE JURISDICTION OF THE PARIS COURT OF APPEAL, INCLUDING IN THE EVENT OF THIRD‑PARTY PROCEEDINGS OR MULTIPLE DEFENDANTS.