PETITE MARMOTTE LEGAL TERMS

LEGAL FORM LSSI 34/2002 July 11th, GDPR 2016/679, april 27th, and lopd 3/2018, december 5th FOR WEBs containing COOKIEs

SPLSSI0102-13-1220

PETITE MARMOTTE S.L., with CIF number B73927006 and address at C/ Merced, 1-1 C.P.: 30001 - Murcia (MURCIA).

Commercial Registry of Murcia, Volume: 3184, Sheet: 114, Section: 8, Page: MU 90332 HOJA 1ST INSCRIPCION June 21st 2016.

1. The intellectual property rights of the website, as well as its design, navigation structure, source codes, databases, and each and every one of the different elements contained therein are owned by PETITE MARMOTTE S.L. to whom it corresponds exclusively its exploitation in any form and its reproduction, distribution, public communication and transformation.

2. Users accessing the website are expressly authorized to view all information and to print and partially download its content if they comply with the following conditions: 

2.1) the reproduced elements are destined only for personal and private use of the user. Therefore, it is expressly prohibited to use it for commercial purposes, distribution, public communication, transformation or decompilation, or even sending it by e-mail. It is also prohibited to transfer or transmit to third parties this content or to install it on any server connected, directly or indirectly, to a local network or Internet, so that a group of third parties can have access to such information.

2.2) That none of the contents related on this website are to be modified in any way.

2.3) That no graphic, icon or image available on this website are to be used, copied or distributed separately from the text or other images that accompany it. Any infringement of the prohibitions and limitations contained in this section, as well as in any of the following will be considered an intellectual property rights infringement against PETITE MARMOTTE S.L. and will give rise to the responsibilities legally established for this purpose, and may be prosecuted by the latter through the exercise of administrative, civil or criminal actions that, where appropriate, apply.

INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

These general terms rule the access and use of the website that PETITE MARMOTTE S.L. gives freely to all Internet users. The access, navigation, and general use of this website implies the acceptance of the terms and conditions gathered in this document insofar these terms comply with legal requirements and do not infringe any law. Therefore, we recommend users to read them carefully before navigating this website. Using specific services offered in this website are ruled by specific conditions applying for that concrete matter, and are accepted by the simple used of the aforementioned services.

The User acknowledges and accepts that all industrial and intellectual property rights over the contents and / or any other element inserted in the Website, including, by way of example and not limitation, all those elements that compound the visual appearance, graphic image and other sensory stimuli of the Web sites that make up the " www.petitemarmotte.com ", website, brands, logos, trade names, texts, reviews and comments, images, graphics, designs, sounds, databases, software, flowcharts, presentation, navigation architecture, as well as the source codes of the Web sites belong PETITE MARMOTTE S.L. and / or to third parties that have assigned their rights. For this purpose, the Website will be understood as all those creations incorporated and expressed by any means and / or tangible or intangible support, known or to be known, that are subject to protection by the regulations in place regarding intellectual and industrial property.

The visualization, printing, downloading or temporary storage, either in whole or in part, of the contents and/or of the elements inserted in the website or in the pages that form it is authorized exclusively for personal, private and non-profit use by the user, provided that in any case the origin and/or author of the same is indicated and, where appropriate, the copyright symbol and/or industrial property notes of its owners appear.

The access to the website will under no circumstances imply any type of permission, renounce, transmission, license or total or partial transfer of said rights by its owners, unless expressly stated otherwise. The present conditions of use of the website do not confer on the users any other right of use, alteration, exploitation, reproduction, distribution or public communication of the website and / or its contents other than those expressly provided here. Any other use or exploitation of any rights will be subjected to the prior and express authorization specifically granted for that purpose by PETITE MARMOTTE S.L. or, where appropriate, by the third party holder of the affected rights.

It is completely prohibited the use of such elements, its total or partial reproduction, communication and/or distribution for commercial or lucrative purposes, as well as its modification, alteration, decompilation and/or any other act of exploitation of the website, its pages and/or the contents that are incorporated therein. For any use other than those expressly permitted, it will be necessary to obtain the prior written consent of the holder of the rights in question.

DISCLAIMERS

1. PETITE MARMOTTE S.L. has the right to carry out any modifications and updates on the content of this website at any moment. These modifications would not apply retroactively, meaning that they would not apply to shopping carried out prior to the implementations of those modifications.

2. PETITE MARMOTTE S.L. efforts to represent the image of the products offered in this website have the purpose to be as most faithful as possible. Nevertheless, some parameter or characteristics can be misleading or suffer alterations due to the image quality of your laptop or monitor.

3. PETITE MARMOTTE S.L. responsibility, or its providers for that matter, insofar any product acquired on this website is limited to the sale price, excluding, with the exception of legal requirements in opposition to it, responsibility regarding lost benefits, reduced income, or loss of profits.

4. Taking into account the changeable condition of this website and the chance of storage bugs or transmission of digital data, PETITE MARMOTTE S.L. does not guarantee the accuracy or security of data transferred or obtained through this website, although is always attempted to avoid, amend or update the content of the website as soon as possible. does not guarantee the non-existence of interruptions or errors in the login of the website or its different contents. Neither does guarantee that the content will be available, always and updated at all times, although it will develop its best efforts to, where appropriate, avoid and correct any issue or update mentioned content as soon as possible.

5. Any link to other website and third-party material form our website are merely informative and PETITE MARMOTTE S.L. does not guarantee the lack of viruses or other elements in them that may cause alterations in the computer system (hardware and software), documents or user files, being excluded of any responsibility for damages in any kind caused to the user for this reason, not being responsible for the content of any of them, neither the changes or updates that may experience.

6. The user that accesses and navigates on this website commits to not falsely or fraudulently purchase anything and to behave cautiously and within legal boundaries. The user is the only responsible for the behavior during the amount of time spent navigating around this website, so the user commits to avoid an unlawful use of said website that could allowed any viruses, trojans, worms, or any other harmful device. You would not try to access through a non-authorized way to this website, or to the server in which this website is hosted or to any server, laptop or database related to this website. Therefore, the user would not carry out any denial-of-service attack nor DDoS (distributed denial-of-service). PETITE MARMOTTE S.L. would not be held responsible for any consequence of damages that could derived from that negligent access, navigation or modification that any user could perform.

7. PETITE MARMOTTE S.L. also holds the industrial property rights related to its products and services, and specifically those related to the registered trademark. Regarding quotes from third-party products and services, PETITE MARMOTTE S.L. recognizes the corresponding industrial and intellectual property rights in favor of its owners, not implying its mere mention or appearance on the Web the existence of rights or PETITE MARMOTTE S.L. on them, nor the support, sponsorship, recommendation by PETITE MARMOTTE S.L.

8. The unauthorized use of any information contained in this website, its resale, as well as the intellectual or Industrial property rights owned by PETITE MARMOTTE S.L. will give rise to the legally established responsibilities.

9. Any type of third-party link to this website must be to the main or home page: www.petitemarmotte.com.

PRIVACY AND DATA PROTECTION POLICY

PETITE MARMOTTE S.L., from now on responsible for this website and in accordance with provisions of current personal data protection legislation, GDPR (EU) 2016/679, April 27th, and LOPD 3/2018, December 5th, and with the provisions of LSSI-CE 34/2002, June 11th, has implemented policies, means and procedures to guarantee and protect personal data privacy of its USERS.

DATA PROCESSING DUTY TO REPORT AND ADDITIONAL INFORMATION TO USERS. GDPR 2016/679 (EU) APRIL 27TH, AND LOPD 3/2018, DECEMBER 5TH

In compliance with provisions established on GDPR’s (EU) 2016/679 April 27th, articles 13 and 14, and LOPD’s 3/2018 December 5th, article 11, we will provide users with additional information regarding the processing of their personal data.

The processing activity is WEB CLIENTS, ADMINISTRATIVE AND ACCOUNTING MANAGEMENT, the website is www.petitemarmotte.com. The Controller is: PETITE MARMOTTE S.L, con C.I.F.: B73927006, located at C/ Merced, 1-1 C.P.: 30001 - Murcia (MURCIA). The purpose of the processing is: e-Commerce; whatsapp/sms or email communications to manage the arranged services; bills and invoices; administrative, commercial and accounting management to ensure the arranged services. The personal data processed is: Full name; Id Number; Telephone; Address; email; commercial Info; Bills; Credit or Debit card number; IBAN info. These data would be erased 5 years afterwards services are rendered. Profiling or automated decisions are not allowed. This data processing is entailed under the controller’s legitimate interest. Insofar recipients are concerned the Controller could transfer personal data to service providers insofar the transfer is limited to the underlying purpose. The recipient categories are: Public Administrations for law abiding cases; Banking Entities; Financial Entities; Payment Gateways; Paypal. The list of processors and services providers is located at: C/ Merced, 1-1 C.P.: 30001 - MURCIA (MURCIA). On the other hand, insofar international transfers are concerned, it is established that these would not occur. About user rights, the ones concerning access, rectifying, suppression, processing limitation, opposition, revocation, and data portability, or consent withdrawal you could address your concerns PETITE MARMOTTE S.L as data controller: info@petitemarmotte.com or C/ Merced, 1-1 C.P.: 30001 - Murcia (Murcia). Equally, the user can address that claim to the control authority in Spain, The Spanish Data Protection Agency (Agencia Española de Protección de datos, AEPD).

The processing activity is ADVERTISEMENT SENDING- CLUB PETITE MARMOTTE the website is www.petitemarmotte.com. . The Controller is: PETITE MARMOTTE S.L, con C.I.F.: B73927006, located at C/ Merced, 1-1 C.P.: 30001 - Murcia (MURCIA). The purpose of the processing is: Advertising and commercial research. The personal data processed is: Full name; Id Number; Telephone; Address; email; Metadata. These data would be erased 30 after the consent withdrawal. Profiling or automated decisions are not allowed. Data processing is allowed under the user’s unequivocal consent. Insofar recipients are concerned the Controller could transfer personal data to service providers insofar the transfer is limited to the underlying purpose. The recipient categories are: Service providers attached to the controller’s purpose. The list of processors and services providers is located at: C/ Merced, 1-1 C.P.: 30001 - MURCIA (MURCIA). On the other hand, insofar international transfers are concerned, it is established that these would not occur. About user rights, the ones concerning access, rectifying, suppression, processing limitation, opposition, revocation, and data portability, or consent withdrawal you could address your concerns PETITE MARMOTTE S.L as data controller: info@petitemarmotte.com or C/ Merced, 1-1 C.P.: 30001 - Murcia (Murcia). Equally, the user can address that claim to the control authority in Spain, The Spanish Data Protection Agency (Agencia Española de Protección de datos, AEPD).

The processing activity is PETITE MARMOTTE WEB CONTACT, the website is www.petitemarmotte.com. . The Controller is: PETITE MARMOTTE S.L, con C.I.F.: B73927006, located at C/ Merced, 1-1 C.P.: 30001 - Murcia (MURCIA). The purpose of the processing is: Request management through website or webchat regarding the services provided by the controller. The personal data processed is: Full name; Id Number; Telephone; Address; email; Metadata. These data would be erased after the request is answered. Profiling or automated decisions are not allowed. This data processing is entailed under the controller’s legitimate interest. Insofar recipients are concerned the Controller could transfer personal data to service providers insofar the transfer is limited to the underlying purpose. There is no provision of recipients to whom the controller could transfer these personal data. The list of processors and services providers is located at: C/ Merced, 1-1 C.P.: 30001 - MURCIA (MURCIA). On the other hand, insofar international transfers are concerned, it is established that these would not occur. About user rights, the ones concerning access, rectifying, suppression, processing limitation, opposition, revocation, and data portability, or consent withdrawal you could address your concerns PETITE MARMOTTE S.L as data controller: info@petitemarmotte.com or C/ Merced, 1-1 C.P.: 30001 - Murcia (Murcia). Equally, the user can address that claim to the control authority in Spain, The Spanish Data Protection Agency (Agencia Española de Protección de datos, AEPD).

DATA PROCESSING AND WEB CONFIDENTIALITY

Data provided will be incorporated into processing activities, whose ownership and responsibility are held by PETITE MARMOTTE S.L., and will be treated under the strictest confidentiality.

The Controller, as well as those involved in any phase of the processing and / or the entities to whom the data have been communicated - by virtue of the authorization granted by the USER - are obliged to observe the professional secrecy and adopt the levels of protection and the necessary technical and organizational measures at their reach that guarantee the security of personal data, avoiding, as much as possible, unauthorized accesses, illegal modifications, subtractions and / or data loss.

However, we advert and inform the USERS that those technical measurements are not infallible or impregnable, reason why, the controller cannot be held responsible for such practices or their consequences.

The personal data of the USERS, together with those originated as a result of the access, use or contracting of the service, may only be subject to automated processing and assigned in the manner and for the purpose established and expressly authorized by the USERS.

COOKIE POLICY

We provide you with this information regarding cookies under current regulation.

What are cookies?

Cookies are small text files stored on your computer as a result of visiting a website. The webmaster is the one that sets what kind of information that cookie contains, and the purpose of said cookie is, it also could be used by the webserver every time you visit that website. Cookies are used to save time and enhance and improve the navigation experience. Nevertheless, it can be used for various purposes that range a variety of reasons, such us login session of the content of a purchase.

Depending on the entity managing the device:

  • Own cookies: those cookies sent to users’ computers from a device or domain managed by the editor themselves and from which the service requested by users is provided.
  • Third party cookies: those cookies sent to users’ computer from a device or domain not managed by the editor, but by another entity that processes any data obtained through cookies.

Types of cookies in function of how long they are active:

  • Session cookies: those designed to collect and store data while users access a website. They are regularly used to store information that is only relevant with regard ditto the provision of the service requested by users in a single situation (for example, a list of purchased products) and which disappear once the session is closed.
  • Persistent cookies: cookies on which data stay stored and may be accessed and processed for a period of time defined by the cookie manager, which may range from a few minutes to several years.

Cookie categories as per their purpose:

  • Technical cookies: cookies that allow user to browse a website, platform or application, and using the different options on services included on these, for instance, website traffic, data communications, session ID, accessing restricted areas, remembering elements of a shopping carts, performing checkout process faster, enrolling on a specific event, using secure navigation, or store content to share videos or sound clips through social media platforms.
  • Preferences or personalisation cookies: cookies that allow to remember information, so that users may access the service under certain conditions that distinguish their experience from that of other users, such as the language, the number of search results to be displayed, the aspect or contents of the service depending on the browser though which or the region from which it is accessed, etc.
  • Analytics or measurement cookies: cookies that allow the cookies manager to perform follow-up and analyses of user behavior at the websites to which such cookies are linked; this includes a quantitative measurement of the impact of an advertisement. Any information collected by means of this type of cookies is used to measure activity on any website, application or platform, for the purposes of introducing improvements in function of the analysis of the data regarding the service use made by users.
  • Behavioural advertising cookies: cookies which store information on user behavior obtained through continuous observation of their browsing habits, which allows to develop a specific profile and display advertisement appropriate to this profile.

Cookies implemented by PETITE MARMOTTE S.L. in our website www.petitemarmotte.com

You can check our technical cookies report down bellow:

Name: _fbp
Purpose Level: Technical
Lifespan Level: Persistent (3 months)
Manager Level: Own (Facebook)
Purpose: Used by Facebook to offer product advertisement for realtime discounts

Name: _ga
Purpose Level: Technical
Lifespan Level: Persistent (2 years)
Manager Level: Third Party (Google Analytics)
Purpose: To differentiate users.

Name: cookieconsent_status
Purpose Level: Technical
Lifespan Level: Persistent (1 year)
Manager Level: Own (Unspecified)
Purpose: Technical cookie to control cookie acceptance

Name: PHPSESSID
Purpose Level: Technical
Lifespan Level: Session log (Unspecified)
Manager Level: Own (Unspecified)
Purpose: Identify web browser session

Name: PrestaShop-xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Purpose Level: Technical
Lifespan Level: Session log (Unspecified)
Manager Level: Own (Unspecified)
Purpose: Guardar información y mantener abierta la sesión del usuario. Permite guardar información como moneda, idioma, identificador del cliente

Analytic cookies implemented by PETITE MARMOTTE S.L. in our website www.petitemarmotte.com are as follows. We will only apply the ones that you accept.

Name: _gid
Purpose Level: Analytic
Lifespan Level: Session log (Unspecified)
Manager Level: Third Party (Google Analytics)
Purpose: Analytic cookie, related to Google Analytics used to differentiate users.

Name: fr
Purpose Level: Analytic
Lifespan Level: Persistent (3 months)
Manager Level: Third Party (Facebook)
Purpose: Encrypted Facebook ID and browser ID. Used to visualize the ‘like’ botton and to show followers amount. Also helps facebook to bespoke commercials and to ensure advertising quality.

Name: ssupp.vid
Purpose Level: Analytic
Lifespan Level: Persistent (6 months)
Manager Level: Third Party (server.smartsupp.com)
Purpose: Are necessary for the webchat proper functioning

Name: ssupp.visits
Purpose Level: Analytic
Lifespan Level: Persistent (6 months)
Manager Level: Third Party (server.smartsupp.com)
Purpose: Third party for webchat

Cookie configuration and consent withdrawal: https://petitemarmotte.com/es/module/lgcookieslaw/disallow?token=a6380dea22be45dd2bff05b3dcc21a64

In addition to the method presented on the website for the user to accept cookies, you can manage cookies through your web browser. If you decide to block them, it is possible that some features would not be available for you.

Cookie management depends on the browser. Here are the fundamental ones:

• Internet Explorer: Tools ->Options -> Privacy -> Configuration.

For further information, you can contact Microsoft technical support or the help browser.

• Firefox: Tools -> Options -> Privacy -> History -> Advanced Configuration.

For further information, you can contact Mozilla technical support or the help browser.

• Chrome: Configuration ->Advanced Options -> Privacy -> Content Configuration.

For further information, you can contact Google technical support or the help browser.

• Safari: Options -> Security.

For further information, you can contact Apple technical support or the help browser.

DATA PROTECTION AND PRIVACY MODIFICATION POLICY

Finally, we inform you that the Controller has a right to modify or implement any changes on these terms and conditions, data protection, privacy and cookies to update them in regards to new regulations, national and continental ones. Nevertheless, they will be posted in advanced, warning that changes are to be implemented shortly, as well as mentioning what the changes will entail and when they will be binding.

ANTI SPAM POLICY

Those receiving any of the communications, information, newsletters, digital advertising PETITE MARMOTTE S.L. receive them for the following reasons:

  • By online registration from this page.
  • By online registration from the pages of collaborators.
  • By requesting information about our products and services.
  • For having provided your information to any of our collaborators or employees.
  • By offline registration when filling out forms, newsletters, requests, etc. that are offered at fairs, offices, or collaborations, among others, and that are archived for further verification for a period of 5 years.

Our communications do not want to reach any person who does not want it, therefore, and in order to correct the situation that can sometimes occur, such as unconsented logins from someone unauthorized to it, we have incorporated a subscription process to filter these problems, based on a "no contact list", preventing commercial communications being sent to any email address included in it.

Therefore, if you do not want to receive commercial communications from us and to prevent anyone from discharging you against your will, please contact us through the method established in each processing activity and we will include in the "no contact list" the address from which the data processing cancellation is requested.

If you have any problem doing it online, do not hesitate to contact via telephone number during office hours, and a person will attend you personally to perform this procedure.

GOVERNING LAW AND JURISDICTION

The governing law for any dispute or conflict that may arise or for any interpretation of the terms and conditions contained in this legal disclaimer, as well as any matter concerning the services provided through this website, will be the one from the Kingdom of Spain.

In order to solve any conflict that may arise while navigating this website PETITE MARMOTTE S.L. and the user agree that the jurisdiction will be submitted to the commerce courthouses of Murcia taking into account that legislation regarding consumers could apply, turning that jurisdiction a non-exclusive one, depending on the specific case and said consumer condition that users could hold.

Copyright: Design and development by PETITE MARMOTTE S.L. © PETITE MARMOTTE S.L. all rights reserved.

CONSUMERS

If you hold the consumer position, we offer you warranties about the products that we may sell through this website under the legal requirements for the specific product provided.

The controller PETITE MARMOTTE S.L. with CIF number B73927006.

Complaint forms are available for consumers at our head offices PETITE MARMOTTE S.L. at the address C/ Merced, 1-1 C.P.: 30001 - Murcia (MURCIA). Also you can contact us at our email info@petitemarmotte.com.

You could also reach the same address to withdrawal your purchase covered by article 71 of the Spanish Governing Law for Consumers and Users protection ‘Ley General para la Defensa de los Consumidores y usuarios, aprobada por el Real Decreto Legislativo 1/2007, de 16 de noviembre’, if your entailed a consumers or user under the predicament of said law, and also, taking into account the exceptions stipulated on said law.

This right ensures the option that the consumer has to, effectively, render redundant the arranged services, without any justification or penalties attached. This deadline to possibly trigger said right must have a duration of at least fourteen days, counting down from delivery date, or the day that contract is concluded, if it entails service providing.
The Consumer/User carries the burden of proof of said withdrawal or purchase cancelation right that would not entail cost or expense to be triggered. To this effect, the fulfillment place is considered where provision services have been received by the Consumer/User.

With the exception of legal cases that make impossible to return the product from the Consumer/User, consequences of said withdrawal or purchase cancelation right would imply the reciprocal restitution arranged under articles 1303 and 1308 of the Spanish Civil Code (Código Civil de España). Consumer has refund right to the necessary cost invested on the product, but not to the refund for any decrease on the product’s value that derives from its normal use or nature.

This refund on the on the consumer’s behalf must be performed by the seller within fourteen days counting down from receiving the withdrawal, or purchase cancelation right triggering exercised by the Consumer.

According to European and Spanish legislation regarding consumer rights, we offer the chance of this link as an online complaint mechanism complying with article 14 contained in Regulation (EU) No 524/2013. The European Commission has this platform at the consumer’s disposal here:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES