Terms of Use

Purpose

These Terms of Use (hereinafter "ToU") are intended to define the terms and conditions of access to and use of the website https://cherlyprints.com (hereinafter "the Site") published by MEDITERRA NÉGOCE & SERVICES (hereinafter "the Publisher").

The Site is an online shop offering the creation and sale of personalised magnets using photos provided by the user.

Access to and use of the Site implies full and unreserved acceptance of these ToU. Any person who does not wish to be bound by these ToU must refrain from using the Site.

Access to the service

The Site is freely accessible to any internet user with access to the internet. All costs related to accessing the service (hardware, software, internet connection) are borne exclusively by the user.

The Publisher reserves the right to close access to the Site temporarily or permanently, in particular for maintenance, updates, or any other legitimate reason, without any obligation to inform users in advance. The Publisher cannot be held liable for the consequences of any temporary unavailability of the Site.

The Site can be used without creating an account (guest checkout). A guest session identifier is then stored in your browser (httpOnly cookie) to keep your basket for the duration of the session. Creating an account is required to access order history, personalisation drafts, and profile settings.

User account

To create an account, the user must provide the following information: first name, last name, username, email address, and password. A phone number may be added later, on an optional basis.

The user undertakes to provide accurate, complete information and to keep it up to date. Registration in another person's name or with a fictitious identity is prohibited.

The user is responsible for keeping their login credentials confidential. Any use of the account resulting from a breach of this confidentiality obligation is deemed to have been carried out by the user themselves. In the event of suspected account compromise, the user must immediately notify the Publisher at contact@cherlyprints.com.

Authentication is based on a JWT (JSON Web Token) system stored in secure httpOnly cookies, inaccessible from the page's JavaScript code. The access token expires after 15 minutes; an automatic refresh mechanism keeps the session active for 1 day.

The user may at any time modify their personal information, delivery address, or password from the "My information" section of their account area. They may also request deletion of their account, which will result in the anonymisation of their personal data (order data is retained for accounting purposes in accordance with the law).

User obligations

The user undertakes to use the Site in accordance with applicable laws and regulations and these ToU. In particular, they are prohibited from:

- uploading images that infringe third-party rights (copyright, image rights, trade mark rights) without authorisation; - uploading images that are unlawful, violent, pornographic, paedopornographic, discriminatory, defamatory, or that undermine human dignity; - uploading images depicting third parties without their express consent; - attempting to disrupt the operation of the Site, compromising its security, or accessing data they are not authorised to access; - using the Site for commercial purposes without the Publisher's prior agreement; - impersonating another user or the Publisher.

The Publisher reserves the right to remove without notice any manifestly unlawful content brought to its attention, and to suspend or terminate the account of the user in question, without prejudice to any legal action.

By uploading images, the user warrants to the Publisher that they hold all necessary rights to those images and undertakes to indemnify the Publisher against any third-party claim arising from the uploaded content.

Intellectual property

All elements of the Site (structure, design, texts, graphics, software, etc.) are protected by intellectual property law and remain the property of the Publisher or its licensors. No use, reproduction, or representation is permitted without prior written consent from the Publisher.

Images uploaded by users remain their property or that of the copyright holders. By uploading them, the user grants the Publisher a non-exclusive, worldwide, time-limited licence (duration of the contractual relationship + 30 days post-delivery for images linked to an order), solely for the purposes of: - temporarily storing images to enable personalisation; - manufacturing the ordered magnets; - sending order confirmation emails.

Upon expiry of this licence, images are deleted from the Publisher's servers according to the retention periods described in the Privacy Policy. The Publisher never uses images for advertising or commercial purposes without the user's express consent.

Personal data

The Publisher processes users' personal data in accordance with Regulation (EU) 2016/679 of 27 April 2016 (GDPR) and French Law No. 78-17 of 6 January 1978 relating to data processing, files and individual liberties (Loi Informatique et Libertés).

Information relating to the data collected, processing purposes, legal bases, recipients, retention periods and user rights is detailed in the Privacy Policy, accessible from every page of the Site.

The user may exercise their rights (access, rectification, erasure, portability) from their account area under "My information", or by contacting the Publisher at contact@cherlyprints.com.

Account suspension and termination

The user may close their account at any time from their account area or by contacting the Publisher. Closure results in the anonymisation of the account's personal data (first name, last name, email, phone, address), while retaining order data necessary for legal accounting obligations.

The Publisher reserves the right to suspend or terminate an account without notice in the event of a breach of these ToU, including uploading unlawful images, attempted fraud, abusive behaviour towards customer service, or infringement of third-party rights.

In the event of suspension for breach of the ToU, the Publisher notifies the user by email. The user may contest the decision by contacting the Publisher at contact@cherlyprints.com within 30 days.

Any account with no login and no order for more than 3 years is automatically deleted and anonymised; an account whose email address was never confirmed is deleted 30 days after it was created. Order data required for accounting obligations is kept.

Applicable law

These ToU are governed by French law. Any dispute relating to their interpretation or performance that cannot be resolved amicably falls within the jurisdiction of the French courts.

For any queries: contact@cherlyprints.com, Also refer to our Terms and Conditions of Sale and Privacy Policy.