Terms of Use
Applicable from 09/27/2024
ARTICLE 1. PARTIES
These general terms and conditions apply between Stanfield, SASU, share capital: €1000, registered with the RCS of 75001 in France on 01/03/2024, under number 985143783, head office: 229 Rue Saint-Honoré, 75001 Paris, FR, phone: +33184603424, email: contact@massage-gun.com, VAT number: FR53985143783, hereinafter referred to as “the Publisher,” and any private or public individual or entity registered on the Site to purchase a Product, hereinafter referred to as “the Client.”
ARTICLE 2. DEFINITIONS
“Client”: Any private or public individual or entity registered on the Site.
“Site Content”: Elements of any kind published on the Site, whether protected by intellectual property rights or not, such as texts, images, designs, presentations, videos, diagrams, structures, databases, or software.
“The Publisher”: Stanfield, SASU, acting in its capacity as the site’s publisher.
“Internet User”: Any private or public individual or entity accessing the Site.
“Product”: Goods of any kind sold on the Site by the Publisher to Clients.
“Site”: The website accessible at the URL massage-gun.com, including sub-sites, mirror sites, portals, and related URL variations.
ARTICLE 3. SCOPE
The Site is freely accessible to any Internet User. Browsing the Site implies acceptance of these general conditions by any Internet User. Mere connection to the Site, by any means, including via a robot or browser, constitutes full acceptance of these general terms. Upon registration on the Site, this acceptance is confirmed by ticking the corresponding box.
The Internet User acknowledges having fully read and accepted them without restriction.
Ticking the aforementioned box will be considered equivalent to a handwritten signature by the Internet User. The Internet User acknowledges the evidential value of the Publisher’s automatic recording systems and, unless proven otherwise, waives the right to contest them in the event of a dispute.
These general terms apply to the relationship between the parties to the exclusion of all other conditions, including those of the Internet User.
Acceptance of these general terms requires that Internet Users possess the legal capacity necessary for this purpose, or failing that, have the authorization of a guardian or curator if they are incapacitated, from their legal representative if they are minors, or hold a mandate if acting on behalf of a legal entity.
ARTICLE 4. PURPOSE OF THE SITE
The Site’s purpose is to sell Products to Clients.
ARTICLE 5. CUSTOMER SERVICE
The Site’s customer service is available from Monday to Friday, 08:00 to 18:00, at the following non-premium rate number: 0184603424, by email at contact@massage-gun.com, or by postal mail to the address indicated in Article 1 of these general terms. In the last two cases, the Publisher commits to respond within 48 hours.
ARTICLE 6. PERSONAL SPACE
6.1. Creation of Personal Space
Creating a personal space is a prerequisite for any order by an Internet User on the Site. For this purpose, the Internet User will be asked to provide certain personal information. Some of this information is deemed essential for creating the personal space. Refusal by an Internet User to provide the requested information will prevent the creation of the personal space and, consequently, the order validation.
When creating the personal space, the Internet User is asked to choose a password. This password guarantees the confidentiality of the information contained in the personal space. The Internet User is therefore prohibited from transmitting or communicating it to a third party. Otherwise, the Publisher cannot be held responsible for unauthorized access to an Internet User’s personal space.
The Client undertakes to regularly verify their data and to make any necessary updates and changes online from their personal space.
6.2. Content of Personal Space
The personal space allows the Client to view and track all orders placed on the Site.
The pages related to personal spaces can be freely printed by the account holder but do not constitute admissible proof in court. They are merely informational to ensure efficient order management by the Client.
The Publisher undertakes to securely store all contractual elements whose retention is required by law or regulation.
6.3. Deletion of Personal Space
The Publisher reserves the right to delete the account of any Client who violates these general terms, particularly when the Client provides inaccurate, incomplete, false, or fraudulent information or when a Client’s personal space has been inactive for at least one year. This deletion cannot be considered a fault of the Publisher or damage to the excluded Client, who will not be entitled to any compensation.
This exclusion does not prejudice the possibility for the Publisher to initiate judicial proceedings against the Client if the facts justify it.
ARTICLE 7. PERSONAL DATA
As part of its service, the Publisher will process its Clients' personal data.
7.1. Identity of the Data Controller
The data controller for the data collected on the Site is the Publisher.
7.2. Data Collected
7.2.1. Data Collected from Clients
As part of its contractual relationships, the Publisher may collect and process the following information from its Clients: Email, First Name and Last Name, Phone, Address, State, Province, Zip Code, City.
7.2.2. Purposes of Collecting Personal Data
Data collected during the contractual relationship is subject to automated processing for the purpose of:
- Fulfilling contractual commitments;
- Contacting Clients;
- Preventing any illicit or illegal activity;
- Enforcing the general terms;
- Initiating legal proceedings;
- Verifying Clients' identity.
7.2.3. Legal Basis for Processing
The legal basis for the collected data is a contractual relationship.
7.2.4. Data Recipients
The data collected is accessible only by the Publisher within the strict limits necessary for fulfilling contractual commitments.
This data, whether individual or aggregated, is never made freely viewable by any third party.
7.2.5. Retention Period of Personal Data
Personal data collected is retained for the duration of the contractual relationship and as long as the Publisher's liability may be engaged.
After the retention period, the Publisher undertakes to permanently delete the data of the concerned individuals without retaining a copy.
7.2.6. Security and Confidentiality of Personal Data
Personal data is stored securely using current technological means in compliance with the provisions of the General Data Protection Regulation and applicable national legislation.
Access to the Publisher’s premises is also secured.
7.2.7. Data Minimization
The Publisher may also collect and process any data voluntarily transmitted by its Clients.
The Publisher guides its Clients to provide only the personal data strictly necessary for fulfilling contractual commitments.
The Publisher undertakes to retain and process only data strictly necessary for its professional activities and will promptly delete any unnecessary data received.
7.4. Respect for Rights
Clients of the Publisher have the following rights regarding their personal data, which they can exercise by writing to the Publisher’s postal address or filling out the online contact form.
7.4.1. Right of Information, Access, and Data Communication
Clients of the Publisher can access their personal data.
Due to the obligation of security and confidentiality in the processing of personal data incumbent upon the Publisher, requests will only be processed if Clients provide proof of their identity, including by producing a scan of their valid identity document (in the case of a request via the dedicated electronic form) or a signed photocopy of their valid identity document (in the case of a written request), both accompanied by the statement “I certify on my honor that the copy of this identity document is true to the original. Done at … on …”, followed by their signature.
7.4.2. Right of Rectification, Deletion, and Right to be Forgotten
Clients of the Publisher can request the rectification, updating, blocking, or deletion of their personal data, which may be inaccurate, erroneous, incomplete, or outdated.
Clients of the Publisher can also set general and specific guidelines regarding the fate of their personal data after their death. Where applicable, the heirs of a deceased person may require consideration of their relative’s death and/or carry out necessary updates.
7.4.3. Right to Object to Data Processing
Clients of the Publisher have the right to object to processing their personal data.
7.4.4. Right to Data Portability
Clients of the Publisher have the right to receive the personal data they provided to the Publisher in a transferable, open, and readable format.
7.4.5. Right to Restrict Processing
Clients of the Publisher have the right to request that the processing of their personal data by the Publisher be limited. Thus, their data may only be retained and no longer used by the Publisher.
7.4.6. Response Time
The Publisher undertakes to respond to any request for access, rectification, opposition, or any other additional information request within a reasonable time not exceeding 1 month from the receipt of the request.
7.4.7. Complaint to the Competent Authority
If Clients of the Publisher believe that the Publisher is not fulfilling its obligations regarding their personal data, they can file a complaint or request with the competent authority.
7.5. Transfer of Collected Data
7.5.1. Transfer to Partners
The Publisher uses authorized service providers to facilitate the collection and processing of its Clients’ data. These providers may be located outside the European Union.
The Publisher has ensured that its providers implement appropriate safeguards and comply with strict confidentiality, usage, and data protection conditions, for example, through the U.S. Privacy Shield.
The Publisher uses the following subcontractors:
| Partner | Role | Recipient Country | Processing Carried Out | Guarantees |
|---|---|---|---|---|
| Facebook Ads Manager | Processor & Co-processor | USA (Privacy Shield) | Conducts operations related to prospecting. | https://www.facebook.com/policy.php |
| Facebook Analytics | Processor & Co-processor | USA (Privacy Shield) | Prepares business statistics to generate reports on user interactions. | https://www.facebook.com/policy.php |
| Google Analytics | Processor & Co-processor | USA (Privacy Shield) | Prepares business statistics to generate reports on user interactions. | https://policies.google.com/privacy |
| Google Adwords | Processor & Co-processor | USA (Privacy Shield) | Conducts operations related to prospecting. | https://policies.google.com/privacy |
| Gmail | Processor & Co-processor | USA (Privacy Shield) | Email service. | https://policies.google.com/privacy |
| Google + | Processor & Co-processor | USA (Privacy Shield) | Manages user reviews on products, services, or content. | https://policies.google.com/privacy |
| Co-processor | USA (Privacy Shield) | Manages user reviews on products, services, or content. | https://twitter.com/fr/privacy | |
| Co-processor | USA (Privacy Shield) | Manages user reviews on products, services, or content. | https://www.facebook.com/policy.php | |
| Google Calendar | Processor & Co-processor | USA (Privacy Shield) | Electronic calendar management service. | https://policies.google.com/privacy |
| Google Forms | Processor & Co-processor | USA (Privacy Shield) | Questionnaire and web form services. | https://policies.google.com/privacy |
| Twitter Ads | Processor and Co-Manager | USA (Privacy Shield) | Conducts operations related to prospecting. | https://twitter.com/fr/privacy |
| YouTube | Co-responsible | USA (Privacy Shield) | Video hosting. | https://policies.google.com/privacy?hl=fr&gl=fr |
| Co-responsible | USA (Privacy Shield) | Manages user reviews on products, services, or content. | https://help.instagram.com/519522125107875 |
7.5.2. Transfer on Request or Judicial Decision
Clients also consent to the Publisher communicating the collected data to any person at the request of a state authority or by judicial decision.
7.5.3. Transfer in the Context of a Merger or Acquisition
If the Publisher is involved in a merger, sale of assets, financing operation, liquidation, or bankruptcy, or in an acquisition of all or part of its business by another company, Clients consent to the data collected being transferred by the Publisher to this company, and that this company operates the personal data processing referred to in these General Service Conditions in place of the Publisher.
ARTICLE 8. INTELLECTUAL PROPERTY
8.1. Legal Protection of Site Content
The Site Content may be protected by copyright and database rights. Any representation, reproduction, translation, adaptation, or transformation, in whole or in part, carried out illegally and without the Publisher’s consent or that of its rights holders or assigns constitutes a violation of Books I and III of the Intellectual Property Code and may result in legal proceedings for infringement.
8.2. Contractual Protection of Site Content
The Internet User contractually undertakes towards the Publisher not to use, reproduce, or represent the Site Content, whether or not protected by intellectual property rights, for any purpose other than reading it through a robot or browser. This prohibition does not apply to indexing robots whose sole purpose is to scan the Site’s content for indexing purposes.
ARTICLE 9. FINAL PROVISIONS
9.1. Applicable Law
These general terms and conditions are subject to French law.
9.2. Amendments to these General Terms and Conditions
These general terms may be amended at any time by the Publisher. The general terms applicable to the Client are those in effect on the day of their order or connection to the Site, with any new connection to the personal area implying acceptance of the new general terms.
9.3. Disputes
Under Ordinance No. 2015-1033 of August 20, 2015, any disputes arising in the context of the execution of these general terms that cannot be resolved amicably between the parties must be submitted.
Since January 1, 2016, mediation is mandatory for all. Thus, any professional selling to individuals must provide contact details of a competent Mediator in the event of a dispute, regardless of whether they sell remotely or in a physical store (Source: FEVAD).
9.4. Entirety
The nullity of one of the clauses of this contract shall not entail the nullity of the other clauses of the contract or of the contract in its entirety, which shall retain their full effect and scope. In such a case, the parties shall, as far as possible, replace the nullified stipulation with a valid stipulation corresponding to the spirit and purpose of these terms.
9.5. Non-Waiver
The Publisher's failure to exercise the rights recognized under these terms shall not be interpreted as a waiver of asserting said rights.
9.6. Telephone Solicitation
The Client is informed that they can register on the opt-out list against telephone solicitation at http://www.bloctel.gouv.fr/.
9.7. Languages of These General Terms and Conditions
These general terms and conditions are offered in French.
9.8. Unfair Clauses
The provisions of these general terms apply subject to compliance with the mandatory provisions of the Consumer Code concerning unfair terms in contracts concluded between a professional and a consumer.
ARTICLE 10. SMS MARKETING
10.1. Applicable Law
By accepting SMS marketing from Stanfield at checkout and initiating a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), SMS marketing offers, and transactional texts, including review requests from us, even if your mobile number is on a state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.
To stop receiving SMS marketing messages and notifications, reply STOP to any mobile message sent by us or use the unsubscribe link we provided in any of our messages. You understand and agree that alternative methods of opting out, such as using other words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all fees and charges associated with text messaging imposed by your wireless provider. Message and data rates may apply.
For any questions, text HELP to the number you received messages from. You can also contact us at contact@massage-gun.com for more information.
We reserve the right to change any phone number or short code we use to operate the service at any time. You will be notified in such an event. You agree that any messages you send to a phone number or short code that we have changed, including STOP or HELP requests, may not be received, and we will not be obliged to honor requests made in such messages.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any actions you may or may not take in reliance on the information or service.
Your privacy is important to us. You can view our privacy policy to learn how we collect and use your personal information.