Legal Notices

Publication manager and owner of the website

The mario-boutique.fr website is the exclusive property of Mario Boutique.

Definition:

Customer: any professional or natural person having legal capacity within the meaning of articles 1123 et seq. of the Code civil (French Civil Code), or legal entity, who visits the Site covered by these general terms and conditions.
Services and Offerings: https://mario-boutique.fr makes available to Customers:

Content: All the elements making up the information present on the Site, in particular texts – images – videos.

Customer information: Hereinafter referred to as “Information (s)”, which correspond to all the personal data likely to be held by https://mario-boutique.fr for the management of your account, for customer relationship management and for analysis and statistical purposes.

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

Personal information: “Information which allows, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom it applies” (article 4 of Law No. 78-17 of 6 January 1978).

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

1. Presentation of the website.

Pursuant to article 6 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, users of the website https://mario-boutique.fr are informed of the identity of the various parties involved in its creation and its monitoring:

Owner : Mario Boutique – Share capital of 5000€ – 87-105 Chatham Road, Flat/RM 9 4/F, Beverley Commercial Centre, Tsim Sha Tsui, Kowloon, Hong Kong, 122001
Publication manager : Mario Boutique – contact@mario-boutique.fr
The publication manager is a natural person or a legal entity.
Webmaster : Mario Boutique – contact@mario-boutique.fr
Web host : Shopify – 151 O'Connor Street Ground Floor K2P 2L8 Ottawa 613 241-2828
Data Protection Officer : Mario Boutique – contact@mario-boutique.fr

2. General terms of use of the site and of the services offered.

The Site constitutes an intellectual work protected by the provisions of the Code de la Propriété Intellectuelle (French Intellectual Property Code) and of the applicable International Regulations. The Customer may not in any way reuse, transfer or exploit for their own account all or part of the elements or works of the Site.

Use of the site https://mario-boutique.fr implies full and complete acceptance of the general terms of use described below. These terms of use may be modified or supplemented at any time; users of the site https://mario-boutique.fr are therefore invited to consult them on a regular basis.

This website is normally accessible to users at all times. An interruption for reasons of technical maintenance may nevertheless be decided by https://mario-boutique.fr, which will then endeavour to communicate to users in advance the dates and times of the intervention. The website https://mario-boutique.fr is updated regularly by https://mario-boutique.fr manager. In the same way, the legal notice may be modified at any time: it is nevertheless binding on the user, who is invited to refer to it as often as possible in order to read it.

3. Description of the services provided.

The website https://mario-boutique.fr has as its purpose to provide information concerning all the activities of the company. https://mario-boutique.fr endeavours to provide on the site https://mario-boutique.fr information that is as accurate as possible. However, it may not be held liable for omissions, inaccuracies and shortcomings in updating, whether caused by itself or by the third-party partners who provide it with this information.

All the information indicated on the site https://mario-boutique.fr is given for information purposes only, and is liable to change. Moreover, the details appearing on the site https://mario-boutique.fr are not exhaustive. They are given subject to modifications having been made since they were put online.

4. Contractual limitations on technical data.

The site uses JavaScript technology. The website may not be held liable for material damage linked to the use of the site. In addition, the user of the site undertakes to access the site using recent equipment, containing no virus and with an up-to-date latest-generation browser The site https://mario-boutique.fr is hosted by a provider on the territory of the European Union in accordance with the provisions of the General Data Protection Regulation (GDPR: No. 2016-679)

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

https://mario-boutique.fr and the host may not be held liable in the event of malfunction of the Internet network, of the telephone lines or of the computer and telephone equipment linked in particular to congestion of the network preventing access to the server.

5. Intellectual property and infringements.

https://mario-boutique.fr owns the intellectual property rights and holds the rights of use over all the elements accessible on the website, in particular the texts, images, graphics, logos, videos, icons and sounds. Any reproduction, representation, modification, publication or adaptation of all or part of the elements of the site, whatever the means or process used, is prohibited, except with the prior written authorisation of: https://mario-boutique.fr.

Any unauthorised exploitation of the site or of any of the elements it contains will be considered as constituting an infringement and prosecuted in accordance with the provisions of articles L.335-2 et seq. of the Code de Propriété Intellectuelle (French Intellectual Property Code).

6. Limitations of liability.

https://mario-boutique.fr acts as publisher of the site. https://mario-boutique.fr is responsible for the quality and the truthfulness of the Content that it publishes.

https://mario-boutique.fr may not be held liable for direct and indirect damage caused to the user's equipment when accessing the website https://mario-boutique.fr, and resulting either from the use of equipment not meeting the specifications indicated in point 4, or from the appearance of a bug or of an incompatibility.

https://mario-boutique.fr may also not be held liable for indirect damage (such as, for example, a loss of business or loss of an opportunity) resulting from the use of the site https://mario-boutique.fr. Interactive areas (possibility of asking questions in the contact area) are available to users. https://mario-boutique.fr reserves the right to delete, without prior formal notice, any content posted in this area which would contravene the applicable legislation, in particular the provisions relating to data protection. Where applicable, https://mario-boutique.fr also reserves the possibility of invoking the civil and/or criminal liability of the user, in particular in the event of a message of a racist, insulting, defamatory or pornographic nature, whatever the medium used (text, photograph …).

7. Management of personal data.

The Customer is informed of the regulations concerning marketing communication, the Law of 21 June 2014 on confidence in the Digital Economy, the Loi Informatique et Liberté (French Data Protection Act) of 6 August 2004 as well as the General Data Protection Regulation (GDPR: No. 2016-679).

7.1 Controllers of the collection of personal data

For the Personal Data collected in the context of the creation of the User's personal account and of their browsing on the Site, the data controller of the Personal Data is: Mario Boutique. https://mario-boutique.fr is represented by Mario Boutique, its legal representative

As data controller of the data that it collects, https://mario-boutique.fr undertakes to comply with the framework of the legal provisions in force. It is in particular incumbent on the Customer to establish the purposes of its data processing, to provide its prospects and customers, on the basis of the collection of their consent, with complete information on the processing of their personal data and to maintain a record of processing activities that reflects reality. Each time that https://mario-boutique.fr processes Personal Data, https://mario-boutique.fr takes all reasonable measures to ensure the accuracy and the relevance of the Personal Data with regard to the purposes for which https://mario-boutique.fr processes them.

7.2 Purpose of the data collected

https://mario-boutique.fr is liable to process all or part of the data:

to allow browsing on the Site and the management and traceability of the services and offerings ordered by the user: connection and Site usage data, invoicing, order history, etc.
to prevent and combat computer fraud (spamming, hacking, etc.): computer equipment used for browsing, the IP address, the password (hashed)
to improve browsing on the Site: connection and usage data
to conduct optional satisfaction surveys on https://mario-boutique.fr : email address
to conduct communication campaigns (sms, email): telephone number, email address

https://mario-boutique.fr does not market your personal data, which is therefore used solely out of necessity or for statistical and analytical purposes.

7.3 Right of access, of rectification and of objection

In accordance with the European regulations in force, the Users of https://mario-boutique.fr have the following rights:

right of access (article 15 GDPR) and of rectification (article 16 GDPR), of updating, of completeness of the Users' data right of blocking or of erasure of the Users' personal data (article 17 of the GDPR), when it is inaccurate, incomplete, ambiguous, out of date, or whose collection, use, communication or storage is prohibited
right to withdraw a consent at any time (article 13-2c GDPR)
right to the restriction of the processing of the Users' data (article 18 GDPR)
right to object to the processing of the Users' data (article 21 GDPR)
right to the portability of the data that the Users have provided, when this data is the subject of automated processing based on their consent or on a contract (article 20 GDPR)
right to determine the fate of the Users' data after their death and to choose to whom https://mario-boutique.fr must communicate (or not) their data to a third party that they will have previously designated

As soon as https://mario-boutique.fr becomes aware of the death of a User and in the absence of instructions from them, https://mario-boutique.fr undertakes to destroy their data, unless its retention proves necessary for evidentiary purposes or in order to comply with a legal obligation.

If the User wishes to know how https://mario-boutique.fr uses their Personal Data, to request its rectification or objects to its processing, the User may contact https://mario-boutique.fr in writing at the following address:

Mario Boutique - 87-105 Chatham Road, Flat/RM 9 4/F, Beverley Commercial Centre, Tsim Sha Tsui, Kowloon, Hong Kong, 122001

In this case, the User must indicate the Personal Data that they would like https://mario-boutique.fr to correct, update or delete, by identifying themselves precisely with a copy of an identity document (identity card or passport).

Requests for the deletion of Personal Data will be subject to the obligations that are imposed on https://mario-boutique.fr by law, in particular as regards the retention or archiving of documents. Finally, the Users of https://mario-boutique.fr may lodge a complaint with the supervisory authorities, and in particular with the CNIL (https://www.cnil.fr/fr/plaintes).

7.4 Non-communication of personal data

https://mario-boutique.fr refrains from processing, hosting or transferring the Information collected on its Customers to a country located outside the European Union or recognised as “not adequate” by the European Commission without informing the customer beforehand. That being said, https://mario-boutique.fr remains free in the choice of its technical and commercial processors on condition that they present sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR: No. 2016-679).

https://mario-boutique.fr undertakes to take all the necessary precautions in order to preserve the security of the Information and in particular so that it is not communicated to unauthorised persons. However, if an incident affecting the integrity or the confidentiality of the Customer's Information is brought to the attention of https://mario-boutique.fr, the latter must inform the Customer as soon as possible and communicate to them the corrective measures taken. Furthermore https://mario-boutique.fr collects no “sensitive data”.

The User's Personal Data may be processed by subsidiaries of https://mario-boutique.fr and by processors (service providers), exclusively in order to fulfil the purposes of this policy.

Within the limits of their respective duties and for the purposes recalled above, the main persons liable to have access to the data of the Users of https://mario-boutique.fr are mainly the agents of our customer service.

8. Incident notification

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

No personal information of the user of the site https://mario-boutique.fr is published without the user's knowledge, exchanged, transferred, assigned or sold on any medium whatsoever to third parties. Only the hypothesis of the buyout of https://mario-boutique.fr and of its rights would permit the transmission of the said information to the possible acquirer, who would in turn be bound by the same obligation of retention and of modification of the data with regard to the user of the site https://mario-boutique.fr.

Security

To ensure the security and the confidentiality of Personal Data and of Personal Health Data, https://mario-boutique.fr uses networks protected by standard devices such as firewall, pseudonymisation, encryption and password.

When processing Personal Data, https://mario-boutique.fr takes all reasonable measures aimed at protecting it against any loss, misuse, unauthorised access, disclosure, alteration or destruction.

9. Hyperlinks, “cookies” and internet tags (“tags”)

The site https://mario-boutique.fr contains a certain number of hyperlinks to other sites, set up with the authorisation of https://mario-boutique.fr. However, https://mario-boutique.fr does not have the possibility of checking the content of the sites thus visited, and will consequently assume no liability for this fact.

Unless you decide to disable cookies, you accept that the site may use them. You may at any time disable these cookies, and free of charge, by means of the deactivation options offered to you and set out below, in the knowledge that this may reduce or prevent the accessibility of all or part of the Services offered by the site.

9.1. “COOKIES”

A “cookie” is a small information file sent to the User's browser and saved within the User's terminal (e.g.: 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 are in no case liable to damage the User's terminal.

https://mario-boutique.fr is liable to process the User's information concerning their visit to the Site, such as the pages viewed, the searches carried out. This information allows https://mario-boutique.fr to improve the content of the Site, of the User's browsing.

As Cookies facilitate browsing and/or the provision of the services offered by the Site, the User may configure their browser so that it allows them to decide whether or not they wish to accept them, so that Cookies are saved in the terminal or, on the contrary, so that they are rejected, either systematically or according to their sender. The User may also configure their browsing software so that the acceptance or the refusal of Cookies is offered to them on a case-by-case basis, before a Cookie is liable to be saved in their terminal. https://mario-boutique.fr informs the User that, in this case, it is possible that not all the functionalities of their browsing software will be available.

If the User refuses the saving of Cookies in their terminal or their browser, or if the User deletes those that are saved there, the User is informed that their browsing and their experience on the Site may be limited. This could also be the case when https://mario-boutique.fr or one of its providers cannot recognise, for technical compatibility purposes, the type of browser used by the terminal, the language and display settings or the country from which the terminal appears to be connected to the Internet.

Where applicable, https://mario-boutique.fr declines all liability for the consequences linked to the degraded functioning of the Site and of the services possibly offered by https://mario-boutique.fr, resulting (i) from the refusal of Cookies by the User (ii) from the impossibility for https://mario-boutique.fr of saving or consulting the Cookies necessary for their functioning owing to the User's choice. For the management of Cookies and of the User's choices, the configuration of each browser is different. It is described in the browser's help menu, which will make it possible to know in what way the User can modify their wishes as regards Cookies.

At any time, the User may choose to express and modify their wishes as regards Cookies. https://mario-boutique.fr may in addition call on the services of external providers to help it collect and process the information described in this section.

Finally, by clicking on the icons dedicated to the social networks Twitter, Facebook, Linkedin and Google Plus appearing on the Site of https://mario-boutique.fr or in its mobile application and if the User has accepted the placement of cookies by continuing to browse on the Website or the mobile application of https://mario-boutique.fr, Twitter, Facebook, Linkedin and Google Plus may also place cookies on your terminals (computer, tablet, mobile phone).

These types of cookies are only placed on your terminals on condition that you consent to it, by continuing your browsing on the Website or the mobile application of https://mario-boutique.fr. At any time, the User may nevertheless withdraw their consent to https://mario-boutique.fr placing this type of cookies.

Article 9.2. INTERNET TAGS (“TAGS”)

https://mario-boutique.fr may occasionally employ Internet tags (also called “tags”, or action tags, single-pixel GIFs, transparent GIFs, invisible GIFs and one-to-one GIFs) and deploy them through a partner specialising in Web analytics which may be located (and therefore store the corresponding information, including the User's IP address) in a foreign country.

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

This technology allows https://mario-boutique.fr to evaluate the responses of visitors to the Site and the effectiveness of its actions (for example, the number of times a page is opened and the information viewed), as well as the use of this Site by the User.

The external provider may possibly collect information about the visitors to the Site and to other websites thanks to these tags, compile reports on the activity of the Site for the attention of https://mario-boutique.fr, and provide other services relating to the use of the latter and of the Internet.

10. Applicable law and attribution of jurisdiction.

Any dispute in connection with the use of the site https://mario-boutique.fr is governed by the law of Hong Kong, the place of the company's registered office. In accordance with article 6 of Regulation (EC) No 593/2008 known as “Rome I”, this choice does not deprive the consumer having their habitual residence in the European Union of the protection afforded to them by the mandatory provisions of the law of their country of residence. The consumer residing in France retains the right to bring the matter before the French courts.

11. Business model.

Identity of the Company: Mario Boutique
Type of Activity: E-commerce shop specialising in the sale of goods, offering a wide range of products.

Sale of Goods: Our business model is based on the sale of goods, including clothing, decorations, jewellery and accessories, intended for an online clientele.

Non-affiliation clause:

The mario-boutique.fr site is an independent site that offers products inspired by the world of video games. It is neither affiliated with, nor approved nor sponsored by Nintendo, or any other entity holding the rights linked to the character of Mario and to his universe. The names, trademarks, logos or references that may be mentioned are used solely for descriptive purposes and belong exclusively to their respective holders. mario-boutique.fr claims no commercial, official or contractual link with the holders of these rights.