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Legal notice

Definitions

Client: Any professional or natural person with legal capacity within the meaning of articles 1123 and following of the Civil Code, or legal entity, who visits the Website subject to these general terms and conditions.

Products and services: QOAR offers padel rackets and related padel equipment through the Website.

Content: All elements constituting the information present on the Website, namely texts – images – videos.

Client Information: Hereinafter called "Information(s)" which correspond to all personal data likely to be held by QOAR for the management of your account, for the management of customer relations and for analysis and statistics purposes.

User: Internet user connecting to and using the aforementioned website.

Personal Information: "Information that allows, in any form whatsoever, directly or indirectly, the identification of natural persons to which they apply" (article 4 of law no. 78-17 of January 6, 1978).

The terms "personal data," "data subject," "data processor" and "sensitive data" have the meaning defined by the General Data Protection Regulation (GDPR: no. 2016-679)


1. Presentation of the website.

By virtue of article 6 of law no. 2004-575 of June 21, 2004 on confidence in the digital economy, users of the website qoarmove.com are informed of the identity of the various parties involved in its creation and maintenance:

Owner: QOAR edited by QOAR - 200 rue de la Croix Nivert, 75015 Paris, France - US Customer Support : +1 (802) 255-8508

Siret Number: 942 233 545 00022

VAT Number: FR76942233545

Publication Manager: Rayane Belhadj – support@qoarmove.com

Webmaster: Rayane Belhadj – support@qoarmove.com

Data Protection Officer: Rayane Belhadj – support@qoarmove.com

Hosting Provider: Shopify Inc. Address: 151 O'Connor Street Ground Floor, Ottawa, Ontario, K2P 2L8, Canada Telephone: +1-888-746-7439


2. General conditions of use of the website and services offered.

The Website constitutes an intellectual work protected by the provisions of the Intellectual Property Code and applicable International Regulations. The Client may in no way reuse, assign or exploit for its own account all or part of the elements or works of the Website.

The use of the website qoarmove.com implies full and complete acceptance of the general terms of use described below. These conditions of use are subject to modification or supplementation at any time, users of the website qoarmove.com are therefore invited to consult them regularly.

This website is normally accessible at all times to users. An interruption for reasons of technical maintenance may nevertheless be decided by QOAR, which will then endeavor to communicate in advance to users the dates and times of the intervention. The website qoarmove.com is updated regularly by QOAR responsible. Similarly, the legal notices may be modified at any time: they nevertheless bind the user who is invited to refer to them as frequently as possible in order to become aware of them.


3. Description of services provided.

The website qoarmove.com has the purpose of providing information concerning all the activities of the company. QOAR strives to provide on the website qoarmove.com information as accurate as possible. However, it cannot be held responsible for omissions, inaccuracies and deficiencies in updating, whether by its fault or by that of third-party partners who provide this information to it.

All information indicated on the website qoarmove.com is given for information purposes only, and is subject to change. Furthermore, the information contained on the website qoarmove.com is not exhaustive. They are given subject to modifications made since their online publication.


4. Contractual limitations on technical data.

The website uses JavaScript technology. The Website cannot be held responsible for material damage related to the use of the website. Furthermore, the website user undertakes to access the website using recent equipment, containing no viruses and with a latest generation browser that is up to date. The website is hosted by Shopify Inc., which may process data through its international infrastructure.

The objective is to provide a service that ensures the best accessibility rate. The hosting provider ensures the continuity of its service 24 hours a day, every day of the year. It nevertheless reserves the right to interrupt the hosting service for the shortest possible periods, in particular for maintenance purposes, improvement of its infrastructure, failure of its infrastructure or if the Services and Prestations generate traffic deemed abnormal.

QOAR and the hosting provider cannot be held responsible in case of Internet network malfunction, telephone lines or computer and telephone equipment related in particular to network congestion preventing access to the server.


5. Intellectual property and counterfeiting.

QOAR holds the usage rights over all elements accessible on the website, namely texts, images, graphics, logos, videos, icons and sounds. Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the website, regardless of the means or process used, is prohibited, except with prior written authorization from: QOAR.

Any unauthorized exploitation of the website or any of the elements it contains will be considered constitutive of counterfeiting and pursued in accordance with the provisions of articles L.335-2 and following of the Intellectual Property Code.


6. Limitations of liability.

QOAR acts as publisher of the website. QOAR is responsible for the quality and veracity of the content it publishes.

QOAR cannot be held responsible for direct and indirect damage caused to the user's equipment, upon access to the website qoarmove.com, and resulting either from the use of equipment not meeting the specifications indicated in point 4, or from the appearance of a bug or incompatibility.

QOAR also cannot be held responsible for indirect damage (such as for example loss of market or loss of opportunity) resulting from the use of the website qoarmove.com. Interactive spaces (possibility of asking questions in the contact space) are made available to users. QOAR reserves the right to delete, without prior notice, any content posted in this space that would violate applicable legislation in France, in particular the provisions relating to data protection. If applicable, QOAR also reserves the right to engage the civil and/or criminal liability of the user, in particular in the event of a message with a racist, insulting, defamatory, or pornographic character, regardless of the medium used (text, photograph, etc.).


7. Management of personal data.

The Client is informed of the regulations concerning marketing communications, the law of June 21, 2014 on confidence in the Digital Economy, the Data Protection and Freedoms Law of August 6, 2004 as well as the General Data Protection Regulation (GDPR: no. 2016-679).

7.1 Responsible parties for the collection of personal data

For Personal Data collected as part of the creation of the User's personal account and their navigation on the Site, the controller of Personal Data is: QOAR. QOAR is represented by Rayane Belhadj, its legal representative.

As the controller of the data it collects, QOAR undertakes to comply with the framework of applicable legal provisions. It is incumbent upon the Client in particular to establish the purposes of its data processing, to provide its prospects and customers, based on the collection of their consents, complete information on the processing of their personal data and to maintain a record of processing in accordance with reality. Whenever QOAR processes Personal Data, QOAR takes all reasonable measures to ensure the accuracy and relevance of Personal Data with regard to the purposes for which QOAR processes it.

7.2 Purpose of data collected

QOAR is likely to process all or part of the data:

  • to allow navigation on the Site and the management and traceability of services and prestations ordered by the user: connection and site usage data, billing, order history, etc.
  • to prevent and combat computer fraud (spamming, hacking, etc.): computer equipment used for navigation, IP address, password (hashed)
  • to improve navigation on the Site: connection and usage data
  • to conduct optional satisfaction surveys on qoarmove.com: email address
  • to conduct communication campaigns (sms, mail): telephone number, email address

QOAR does not commercialize your personal data which is therefore used only by necessity or for statistical and analysis purposes.

7.3 Right of access, rectification and opposition

In accordance with applicable European regulations, Users of qoarmove.com have the following rights:

  • right of access (article 15 GDPR) and rectification (article 16 GDPR), updating, completion of data of Users
  • right to lock or erase personal data of Users (article 17 of the GDPR), when they are inaccurate, incomplete, ambiguous, expired, or whose collection, use, communication or retention is prohibited
  • right to withdraw consent at any time (article 13-2c GDPR)
  • right to restrict the processing of Users' data (article 18 GDPR)
  • right to object to the processing of Users' data (article 21 GDPR)
  • right to the portability of data that Users have provided, when such data is subject to automated processing based on their consent or on a contract (article 20 GDPR)
  • right to decide the fate of Users' data after their death and to choose to whom QOAR should communicate (or not) their data to a third party they have previously designated

As soon as QOAR becomes aware of a User's death and in the absence of instructions from them, QOAR undertakes to destroy their data, unless their retention proves necessary for evidentiary purposes or to meet a legal obligation.

If the User wishes to know how QOAR uses their Personal Data, asks to rectify it or opposes its processing, the User can contact qoarmove.com in writing at the following address:

Rayane Belhadj
200 rue de la Croix Nivert, 75015 Paris, France

In this case, the User must indicate the Personal Data they would like qoarmove.com to correct, update or delete, by identifying themselves clearly with a copy of an identity document (identity card or passport).

Requests for deletion of Personal Data will be subject to the obligations imposed on QOAR by law, in particular regarding the retention or archiving of documents. Finally, Users of qoarmove.com may file a complaint with the supervisory authorities, and in particular with the CNIL (https://www.cnil.fr/fr/plaintes).

7.4 Non-disclosure of personal data

QOAR prohibits itself from processing, hosting or transferring Information collected from its Clients to a country located outside the European Union or recognized as "non-adequate" by the European Commission without informing the client in advance. Nevertheless, QOAR remains free to choose its technical and commercial sub-processors on condition that they present sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR: no. 2016-679).

QOAR undertakes to take all necessary precautions to preserve the security of Information and in particular that they are not communicated to unauthorized persons. However, if an incident affecting the integrity or confidentiality of the Client's Information is brought to the attention of QOAR, the latter must inform the Client as soon as possible and communicate the corrective measures taken. Furthermore QOAR collects no "sensitive data".

The User's Personal Data may be processed by subsidiaries of QOAR and sub-processors (service providers), exclusively to carry out the purposes of this policy.

Within the limits of their respective powers and for the purposes mentioned above, the main persons likely to have access to the data of Users of qoarmove.com are mainly the agents of our customer service.


8. Incident notification

Whatever the efforts made, no transmission method over the Internet and no electronic storage method is completely secure. We therefore cannot guarantee absolute security. If we became aware of a security breach, we would alert the affected users so that they can take appropriate action. Our incident notification procedures take into account our legal obligations, whether at the national or European level. We undertake to fully inform our customers of all issues relating to the security of their account and to provide them with all the information necessary to help them fulfill their own regulatory reporting obligations.

No personal information of the website user qoarmove.com is published without the user's knowledge, exchanged, transferred, assigned or sold on any medium to third parties. Only the possibility of the acquisition of qoarmove.com and its rights would allow the transmission of said information to the possible buyer who would in turn be bound by the same obligation of data retention and modification vis-à-vis the website user qoarmove.com.

Security

To ensure the security and confidentiality, qoarmove.com uses networks protected by standard devices such as firewalls, pseudonymization, encryption and passwords.

When processing Personal Data, QOAR takes all reasonable measures to protect it against any loss, misuse, unauthorized access, disclosure, alteration or destruction.


9. Hyperlinks, "cookies" and internet beacons ("tags")

The website qoarmove.com contains a number of hyperlinks to other websites, established with the authorization of QOAR. However, QOAR does not have the ability to verify the content of the websites thus visited, and will therefore assume no responsibility for this.

Unless you decide to disable cookies, you accept that the website may use them. You can disable these cookies at any time and free of charge from the deactivation options offered to you and recalled below, knowing that this may reduce or prevent access to all or part of the Services offered by the website.

9.1. "COOKIES"

A "cookie" is a small information file sent to the User's browser and stored within the User's terminal (eg: computer, smartphone), (hereinafter "Cookies"). This file includes information such as the User's domain name, the User's Internet Service Provider, the User's operating system, as well as the date and time of access. Cookies in no way risk damaging the User's terminal.

QOAR is likely to process information about the User concerning their visit to the Site, such as the pages consulted, the searches carried out. This information allows QOAR to improve the content of the Site, the User's navigation.

Since Cookies facilitate navigation and/or the provision of services offered by the Site, the User can configure their browser to allow them to decide whether or not they wish to accept them in such a way that Cookies are stored in the terminal or, conversely, that they are rejected, either systematically or depending on their issuer. The User can also configure their browsing software so that the acceptance or refusal of Cookies is proposed to them on an ad-hoc basis, before a Cookie is likely to be stored in their terminal. QOAR informs the User that in this case it is possible that not all functionalities of their browsing software will be available.

If the User refuses to store Cookies in their terminal or browser, or if the User deletes those stored there, the User is informed that their navigation and experience on the Site may be limited. This could also be the case when QOAR or one of its service providers cannot recognize, for technical compatibility purposes, the type of browser used by the terminal, language and display settings or the country from which the terminal appears to be connected to the Internet.

If applicable, QOAR disclaims any responsibility for the consequences related to the degraded operation of the Site and services possibly offered by qoarmove.com, resulting from (i) the User's refusal of Cookies (ii) the inability of QOAR to record or consult Cookies necessary for their operation due to the User's choice. For the management of Cookies and the User's choices, the configuration of each browser is different. It is described in the browser's help menu, which will allow the User to know how they can modify their wishes regarding Cookies.

At any time, the User can choose to express and modify their wishes regarding Cookies. QOAR may further call on the services of external service providers to help it collect and process the information described in this section.

These types of cookies are only deposited on your terminals on the condition that you consent to it, by continuing your navigation on the website or mobile application of qoarmove.com. At any time, the User can nevertheless return to their consent that QOAR deposits this type of cookies.

Article 9.2. INTERNET BEACONS ("TAGS")

QOAR may occasionally use Internet beacons (also called "tags," or action tags, single-pixel GIFs, transparent GIFs, invisible GIFs and one-to-one GIFs) and deploy them through a specialized web analytics partner likely to be found (and therefore store the corresponding information, including the User's IP address) in a foreign country.

These beacons are placed both in online advertisements allowing Internet users to access the Site, and on the various pages of the Site.

This technology allows QOAR to assess visitor responses to the Site and the effectiveness of its actions (for example, the number of times a page is opened and the information consulted), as well as the use of this Site by the User.

The external service provider may possibly collect information about Site visitors and other websites through these beacons, prepare reports on Site activity for QOAR, and provide other services related to the use of it and the Internet.


10. Applicable law and jurisdiction.

For Users Located in the United States:

Any dispute, claim, or controversy arising out of or relating to the Website, these Terms and Conditions, the products sold, or their use shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.

BINDING ARBITRATION: You and QOAR agree that any dispute shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Arbitration shall be conducted on an individual basis and not as a class action. The arbitration shall take place in a location convenient to both parties or remotely by videoconference. Each party shall bear its own costs and a proportional share of arbitration fees. This arbitration provision does not apply to claims of intellectual property infringement.

For Users Located Outside the United States:

Any dispute in connection with the use of the website qoarmove.com is subject to French law and the exclusive jurisdiction of the competent courts of Paris, in accordance with the provisions of French law.

Consumer Protection:

Users acknowledge that this Website operates as a direct-to-consumer e-commerce business. For users located in the United States, all products are sold subject to applicable U.S. federal and state consumer protection laws. QOAR maintains a return and refund policy in compliance with applicable U.S. federal and state law.