Legal notice

Legal Notice

Definitions

Customer: any professional or natural person with legal capacity within the meaning of articles 1123 et seq. of the Civil Code, or any legal entity, who visits the Site covered by these general terms and conditions.
Products and Services: Bakashop makes available to Customers various merchandise inspired by Japanese culture.
Content: All the elements making up the information present on the Site, in particular texts, images, and videos.
Customer information: Hereinafter referred to as "Information", which corresponds to all the personal data that may be held by Bakashop for the management of your account, for the management of the customer relationship, 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. General terms and conditions of use of the site and the services offered

The Site constitutes a work of the mind protected by the provisions of the Intellectual Property Code and the applicable International Regulations.

The Customer may in no way reuse, assign or exploit for their own account all or part of the elements or works of the Site.

Use of the Bakashop site implies full and complete acceptance of the general terms and conditions of use described below. These terms of use may be modified or supplemented at any time; users of the Bakashop site are therefore invited to consult them regularly.

This website is normally accessible to users at all times. An interruption for technical maintenance reasons may however be decided by Bakashop, which will then endeavour to notify users in advance of the dates and times of the intervention.

The Bakashop website is updated regularly by Bakashop. Likewise, 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 become aware of it.

2. Description of the services provided

The purpose of the Bakashop website is to provide information concerning all of the company's activities.

2.1 Liability

Bakashop endeavours to provide information on the Bakashop site that is as accurate as possible. However, it cannot be held liable for omissions, inaccuracies or shortcomings in the updating, whether caused by itself or by the third-party partners who provide it with this information.

All the information provided on the Bakashop site is given for indicative purposes and is subject to change. Furthermore, the information appearing on the Bakashop site is not exhaustive. It is given subject to any modifications made since it was put online.

3. Company information

Name or Company name: Bakashop
Registered office address: 41 rue Paul Berthelot, Bordeaux, Gironde, 33300, France
Email address: info@bakashop.com
Publication director: Antoine Brault
Legal form: Micro-enterprise
RCS registration number: 951352061

5. Contractual limitations on technical data

The site uses JavaScript technology.

The website cannot be held liable for material damage related to the use of the site. In addition, the user of the site undertakes to access the site using recent equipment, free of viruses, and with an up-to-date, latest-generation browser.

The Bakashop site is hosted by a provider located within 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 possible accessibility rate. The host 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 the purposes of maintenance, improvement of its infrastructure, failure of its infrastructure, or if the Products and Services generate traffic deemed abnormal.

Bakashop and the host cannot be held liable in the event of a malfunction of the Internet network, telephone lines, or computer and telephone equipment related in particular to network congestion preventing access to the server.

6.HOW DO WE USE YOUR PERSONAL INFORMATION?

As a general rule, we use the Order Information that we collect to process any order placed through the Site (including to process your payment information, arrange the shipping of your order, and provide you with invoices and/or order confirmations). In addition, we use this Order Information to:
communicate with you; assess potential fraud or risks; and
when this matches the preferences you have communicated to us, provide you with information or advertising concerning our products or services.
We use the Device Information (in particular your IP address) that we collect to assess potential fraud or risks and, more generally, to improve and optimise our Site (for example, by generating analytics on how our customers browse and interact with the Site, and to assess the success of our advertising and marketing campaigns).

We share your Personal Information with third parties who help us to use it for the purposes described above. For example, we use Shopify to host our online store – to learn more about how Shopify uses your Personal Information, please see the following page: https://www.shopify.fr/legal/confidentialite. We also use Google Analytics to better understand how our customers use the Site – to learn more about how Google uses your Personal Information, please see the following page: https://www.google.com/intl/fr/policies/privacy/. You can also disable Google Analytics here: https://tools.google.com/dlpage/gaoptout.
Finally, we may also share your Personal Information in order to comply with applicable laws and regulations, to respond to a subpoena, a search warrant, or any other lawful request for information that we receive, or to protect our rights.

6. Intellectual property and infringement

Bakashop owns the intellectual property rights and holds the usage rights to 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, regardless of the means or process used, is prohibited without the prior written authorisation of Bakashop.

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

7. Limitations of liability

Bakashop acts as the publisher of the site. Bakashop is responsible for the quality and truthfulness of the Content it publishes.

Bakashop cannot be held liable for direct and indirect damage caused to the user's equipment when accessing the Bakashop website, and resulting either from the use of equipment that does not meet the specifications indicated in point 3, or from the appearance of a bug or an incompatibility.

Bakashop also cannot be held liable for indirect damage (such as, for example, a loss of business or loss of opportunity) resulting from the use of the Bakashop site.

Interactive areas (the possibility of asking questions in the contact area) are available to users. Bakashop reserves the right to remove, without prior formal notice, any content posted in this area that would contravene the legislation applicable in France, in particular the provisions relating to data protection. Where applicable, Bakashop also reserves the right to hold the user civilly and/or criminally liable, in particular in the case of a message of a racist, insulting, defamatory or pornographic nature, whatever the medium used (text, photograph, etc.).

8. 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 Data Protection and Freedom Act of 6 August 2004, as well as the General Data Protection Regulation (GDPR: no. 2016-679).

8.1 Controllers responsible for the collection of personal data

For the Personal Data collected in connection with the creation of the User's personal account and their browsing on the Site, the controller of the Personal Data is: Bakashop.

As the controller of the data it collects, Bakashop undertakes to comply with the framework of the legal provisions in force. It is in particular responsible for establishing the purposes of its data processing, for providing its prospects and customers, based on the collection of their consent, with complete information on the processing of their personal data, and for maintaining a record of processing activities that reflects reality.

Whenever Bakashop processes Personal Data, Bakashop takes all reasonable measures to ensure the accuracy and relevance of the Personal Data with regard to the purposes for which Bakashop processes it.

8.2 Purpose of the data collected

Bakashop may process all or part of the data:

To enable browsing on the Site and the management and traceability of the products and services 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 browsing, the IP address, the password (hashed).
To improve browsing on the Site: connection and usage data.
To conduct optional satisfaction surveys about Bakashop: email address.
To carry out communication campaigns (SMS, email): telephone number, email address.

Bakashop does not sell your personal data, which is therefore used only out of necessity or for statistical and analytical purposes.

8.3 Right of access, rectification and objection

In accordance with the European regulations in force, Users of Bakashop have the following rights:

Right of access (article 15 GDPR) and rectification (article 16 GDPR), updating and completion of Users' data.
Right to lock or erase Users' personal data (article 17 GDPR) when it is inaccurate, incomplete, ambiguous, out of date, or when its 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 the data that Users have provided, when this data is subject to automated processing based on their consent or on a contract (article 20 GDPR).
Right to determine the fate of Users' data after their death and to choose to whom Bakashop must (or must not) communicate their data to a third party that they will have previously designated.

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

In this case, the User must indicate the Personal Data that they would like Bakashop to correct, update or delete, 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 imposed on Bakashop by law, in particular with regard to the retention or archiving of documents. Finally, Users of Bakashop may lodge a complaint with the supervisory authorities, and in particular with the CNIL (https://www.cnil.fr/fr/plaintes).

8.4 Non-disclosure of personal data

Bakashop refrains from processing, hosting or transferring the Information collected about its Customers to a country located outside the European Union or recognised as "inadequate" by the European Commission without first informing the customer. Nevertheless, Bakashop remains free to choose its technical and commercial processors, on the condition that they present sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR: no. 2016-679).

Bakashop undertakes to take all necessary precautions in order to preserve the security of the Information and in particular to ensure that it is not disclosed to unauthorised persons. However, if an incident affecting the integrity or confidentiality of the Customer's Information comes to Bakashop's attention, it must inform the Customer as soon as possible and communicate to them the corrective measures taken. Furthermore, Bakashop does not collect any "sensitive data".

The User's Personal Data may be processed by Bakashop's subsidiaries and processors (service providers), exclusively in order to achieve the purposes of this policy.

Within the limits of their respective responsibilities and for the purposes recalled above, the main persons likely to have access to the data of Bakashop's Users are mainly the agents of our customer service.

8.5 Types of data collected

Concerning users of the Bakashop Site, we collect the following data, which is essential for the operation of the service, and which will be retained for a maximum period of 12 months after the end of the contractual relationship:

[List of the types of data collected, for example: surname, first name, address, email, telephone number, etc.]

9. Incident notification

Whatever efforts are 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 were to become aware of a security breach, we would notify the affected users so that they could take the appropriate measures. Our incident notification procedures take into account 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 Bakashop site is published without the user's knowledge, exchanged, transferred, assigned or sold on any medium whatsoever to third parties. Only the scenario of the acquisition of Bakashop and its rights would allow the transmission of the said information to the potential acquirer, who would in turn be bound by the same obligation of retention and modification of the data with regard to the user of the Bakashop site.

9.1 Security

To ensure the security and confidentiality of Personal Data and Personal Health Data, Bakashop uses networks protected by standard measures such as firewalls, pseudonymisation, encryption and passwords.

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

10. Hyperlinks, "cookies" and Internet tags ("tags")

The Bakashop site contains a number of hyperlinks to other sites, set up with the authorisation of Bakashop. However, Bakashop does not have the ability to verify the content of the sites thus visited, and will consequently assume no liability in this respect.

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

10.1 "COOKIES"

A "cookie" is a small file of information sent to the User's browser and saved within the User's device (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 in no way risk damaging the User's device.

Bakashop may process the User's information concerning their visit to the Site, such as the pages viewed and the searches carried out. This information allows Bakashop to improve the content of the Site and the User's browsing.

As Cookies facilitate browsing and/or the provision of the services offered by the Site, the User can configure their browser so that it allows them to decide whether or not they wish to accept them, in such a way that Cookies are saved in the device or, on the contrary, that they are rejected, either systematically or according to their sender. The User can also configure their browsing software so that the acceptance or refusal of Cookies is offered to them on a case-by-case basis, before a Cookie is likely to be saved in their device. Bakashop 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 device or browser, or if the User deletes those that are saved therein, the User is informed that their browsing and experience on the Site may be limited. This could also be the case when Bakashop or one of its providers cannot recognise, for technical compatibility purposes, the type of browser used by the device, the language and display settings, or the country from which the device appears to be connected to the Internet.

Where applicable, Bakashop declines all liability for the consequences related to the degraded operation of the Site and the services potentially offered by Bakashop, resulting from (i) the User's refusal of Cookies (ii) the impossibility for Bakashop to save or consult the Cookies necessary for their operation as a result of 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 make it possible to know how the User can modify their wishes regarding Cookies.

At any time, the User can choose to express and modify their wishes regarding Cookies. Bakashop may also 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 Bakashop Site or in its mobile application, and if the User has accepted the placing of cookies by continuing to browse the Bakashop website or mobile application, Twitter, Facebook, Linkedin and Google Plus may also place cookies on your devices (computer, tablet, mobile phone).

These types of cookies are only placed on your devices on the condition that you consent to it, by continuing your browsing on the Bakashop website or mobile application. At any time, the User may nevertheless withdraw their consent to Bakashop placing this type of cookies.

10.2 INTERNET TAGS ("TAGS")

Bakashop may occasionally use Internet tags (also called "tags", or action tags, single-pixel GIFs, clear GIFs, invisible GIFs and one-to-one GIFs) and deploy them through a Web analytics specialist partner that 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 enabling Internet users to access the Site, and on its various pages.

This technology allows Bakashop to assess visitors' 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 User's use of this Site.

The external provider may possibly collect information about visitors to the Site and other websites thanks to these tags, compile reports on the Site's activity for Bakashop, and provide other services relating to the use of the Site and of the Internet.

11. Applicable law and attribution of jurisdiction

Any dispute in relation to the use of the Bakashop site is subject to French law.

Except in cases where the law does not permit it, exclusive jurisdiction is attributed to the competent courts of Bordeaux.

When you visit the Site, we automatically collect certain information about your device, including information about your web browser, your IP address, your time zone, and some of the cookies that are installed on your device. In addition, as you browse the Site, we collect information about the individual web pages or products that you view, the websites or search terms that referred you to the Site, as well as information about how you interact with the Site. We refer to this automatically collected information as "Device Information".
We collect Device Information using the following technologies:

COOKIES

Here is a list of cookies that we use. We have listed them here so that you have the possibility to choose whether or not you wish to allow them.
_session_id, unique session identifier, allows Shopify to store the information relating to your session (referrer, landing page, etc.).
_shopify_visit, no data retained, persists for 30 minutes from the last visit. Used by our website provider's internal statistics tracking system to record the number of visits.
_shopify_uniq, no data retained, expires at midnight (according to the visitor's location) the following day. Calculates the number of visits to a store by a unique customer.
cart, unique identifier, persists for 2 weeks, stores the information relating to your shopping cart.
_secure_session_id, unique session identifier
storefront_digest, unique identifier, undefined if the store has a password, it is used to know whether the current visitor has access.
- The "log files" track activity on the Site and collect data such as your IP address, the type of browser you use, your Internet service provider, your referring and exit pages, and your timestamp data (date and time).
- "Web beacons", "tags" and "pixels" are electronic files that record information about how you browse the Site.

Furthermore, when you make or attempt to make a purchase through the Site, we collect certain information about you, including your name, your billing address, your shipping address, your payment information (including your credit card numbers), your email address and your telephone number. This automatically collected information is referred to as "Order Information".
When we use the term "Personal Information" in this Privacy Policy, we are referring to both Device Information and Order Information.

BEHAVIOURAL ADVERTISING
As indicated above, we use your Personal Information to offer you targeted advertisements or marketing messages that we believe may be of interest to you. To learn more about how targeted advertising works, you can consult the information page of the Network Advertising Initiative (NAI) at the following address:
http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
You can opt out of targeted advertising here:

SOME COMMON LINKS:
FACEBOOK – https://www.facebook.com/settings/?tab=ads
GOOGLE – https://www.google.com/settings/ads/anonymous
BING – https://about.ads.microsoft.com/fr-fr/ressources/politiques/annonces-personnalisees

In addition, you can opt out of some of these services by going to the Digital Advertising Alliance opt-out portal at the following address: https://optout.aboutads.info/?c=3&lang=fr.
DO NOT TRACK
Please note that we do not alter our Site's data collection and usage practices when we detect a "Do Not Track" signal on your browser.

YOUR RIGHTS
If you are a European resident, you have a right of access to the personal information that we hold about you and you can request that it be corrected, updated or deleted. If you wish to exercise this right, please contact us using the contact details specified below.In addition, if you are a European resident, please note that we process your information in order to fulfil our contractual obligations towards you (for example if you place an order on the Site) or to pursue our legitimate business interests, listed above. Please also note that your information will be transferred outside of Europe, including to Canada and the United States.

DATA RETENTION
When you place an order through the Site, we retain the Information about your order in our records, unless and until you ask us to delete it.

CHANGES
We may need to modify this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.

CONTACTING US
To learn more about our privacy practices, if you have any questions, or if you wish to lodge a complaint, please contact us by email at info@bakashop.com

Trademarks and intellectual property

Bakashop is an independent store. The products offered are neither official, nor affiliated with, endorsed or sponsored by the holders of the trademarks, licences and works mentioned on the site (series, characters, logos, etc.), which remain the exclusive property of their respective rights holders. The names and references are used solely for descriptive purposes, in order to identify the products. Any trademark cited belongs to its holder. If you are a rights holder and consider that any content infringes your rights, contact us at info@bakashop.com for a prompt removal.