Terms of sale
General Terms and Conditions of Sale
Preamble
These general terms and conditions of sale apply to all sales made on the GoldEvil website.
These Terms and Conditions (T&Cs) apply exclusively to purchases made on the GoldEvil website, with free delivery available in Metropolitan France, Corsica, and the European Union (EU).
The website www.goldevil.com is a service operated by:
Sole Proprietorship MARATIER Jimmy EI
Located at: 453 Chemin du Bourdis, 38500 Saint Nicolas de Macherin, FRANCE
Website URL: www.goldevil.com
Email: contact@goldevil.com
GoldEvil sells the following products: clothing and accessories custom-made for each order.
The buyer declares that they have read and accepted these T&Cs prior to placing an order. Validation of the order implies full and unconditional acceptance of the T&Cs.
Article 1 - Principles
These general terms and conditions constitute the entire agreement between the parties. In this sense, the buyer is deemed to accept them without reservation.
These general terms and conditions of sale apply to the exclusion of any other conditions, including those applicable to sales in stores or through other distribution and marketing channels.
They are accessible on the GoldEvil website and will prevail, if necessary, over any other version or any other contradictory document.
The seller and buyer agree that these general terms and conditions exclusively govern their relationship. The seller reserves the right to modify these terms and conditions occasionally. They will be applicable as soon as they are published online.
If a condition of sale is missing, it would be considered governed by the practices in force in the distance selling sector whose companies are headquartered in France.
These general terms and conditions of sale are valid until December 31, 2027.
Article 2 - Scope
These general terms and conditions aim to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer on the GoldEvil website.
These conditions only apply to purchases made on the GoldEvil website and delivered exclusively to Metropolitan France, Corsica, or the EU (European Union): Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Germany, Denmark, Estonia, Finland, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden. For deliveries to French overseas territories (DOM-TOM), a message must be sent to the following email address: contact@goldevil.com.
These purchases concern the following products: clothing and accessories custom-made for each order.
Article 3 - Pre-Contractual Information
The buyer acknowledges having received, prior to placing their order and concluding the contract, in a readable and understandable manner, these general terms and conditions of sale and all the information listed in Article L. 221-5 of the French Consumer Code.
The following information is clearly and comprehensibly provided to the buyer:
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The essential characteristics of the goods;
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Prices indicated in euros, including taxes (TTC), and free delivery;
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Payment, delivery, and performance terms;
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Applicable legal guarantees;
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Conditions for withdrawal;
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The price of the goods and/or the method for calculating the price;
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Where applicable, all additional costs of transport, delivery, or postage and any other possible charges;
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In the absence of immediate execution of the contract, the date or period within which the seller commits to deliver the goods, regardless of price;
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Information relating to the seller's identity, including their postal, telephone, and electronic contact details and activities, legal guarantees, digital content functionality, and, where applicable, its interoperability, as well as the existence and terms of implementing guarantees and other contractual conditions.
Article 4 - Orders
To place an order on the website www.goldevil.com, the user must:
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Be at least 18 years old and legally capable of entering into a contract;
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Use a valid payment method issued in their name.
By placing an order, the user certifies that they meet these conditions. Any false statement may result in the immediate cancellation of the order by the seller.
Customization and Made-to-Order Production
Items available on www.goldevil.com are custom-made for each order. By validating their order, the buyer acknowledges that they cannot exercise their right of withdrawal, except as provided by law (defect or non-compliance).
The buyer can place their order online, using the online catalog and the form provided there, for any product, subject to availability.
The buyer will be informed of any product unavailability.
To validate the order, the buyer must accept these T&Cs and the General Terms of Use (GTUs) by checking a dedicated box before finalizing the order. They must also choose the delivery address and method and validate the payment method.
The sale will be considered final:
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After the seller sends the buyer confirmation of acceptance of the order via email;
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And after the seller has received the full payment amount.
Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will occur within the framework of a possible exchange and the guarantees mentioned below.
In certain cases, including non-payment, incorrect address, or other issues with the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.
For any questions regarding order tracking, the buyer can call the following number: 0956751982 (cost of a local call in France) during the following hours: Monday to Friday, 9 am to 6 pm, or email the seller at: contact@goldevil.com.
Article 5 - Electronic Signature
Providing the buyer's credit card number online and final validation of the order shall constitute proof of the buyer's agreement:
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Payment of sums due under the order form;
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Signature and express acceptance of all operations performed.
In the event of fraudulent use of the credit card, the buyer is invited to contact the seller immediately at: 0956751982.
Article 6 - Order Confirmation
The seller provides the buyer with an order confirmation via email.
Article 7 - Proof of Transaction
Computerized records stored in the seller's computer systems under reasonable security conditions will be considered proof of communications, orders, and payments between the parties. Order forms and invoices are archived on a reliable and durable medium that can be produced as evidence.
Article 8 - Product Information
The products governed by these terms and conditions are those listed on the seller's website and indicated as sold and shipped by the seller. They are offered within the limits of available stock.
Products are described and presented as accurately as possible. However, if errors or omissions occur in the presentation, the seller cannot be held responsible.
Product photographs are not contractual.
Article 9 - Prices
The seller reserves the right to modify prices at any time but agrees to apply the rates in effect at the time of order, subject to availability on that date.
Prices are indicated in euros and include delivery. Prices include applicable VAT on the day of the order, and any changes to the VAT rate will automatically be reflected in the price of products in the online store.
If one or more taxes or contributions, including environmental ones, are created or modified, either up or down, this change may be reflected in the sale price of products.
Article 10 - Payment Methods
This is an order with an obligation to pay, meaning that placing the order implies payment by the buyer.
To pay for the order, the buyer may choose from all payment methods made available by the seller and listed on the seller's website. The buyer guarantees the seller that they have the necessary authorizations to use the chosen payment method at the time of order validation. The seller reserves the right to suspend any order management and delivery in case of refusal of payment authorization by officially accredited organizations or in case of non-payment.
The seller also reserves the right to refuse delivery or to honor an order from a buyer who has not fully or partially paid for a previous order or with whom a payment dispute is ongoing.
Payment of the price is made in full at the time of order, according to the following methods:
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Credit Card
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PayPal
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Apple Pay
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Shop Pay
Article 11 - Product Availability, Refunds, and Termination
Except in cases of force majeure or during periods of closure of the online store, which will be clearly announced on the homepage of the site, shipping times will be those indicated below, subject to stock availability. Shipping times start from the date of order registration as indicated in the order confirmation email.
For deliveries within Metropolitan France and Corsica, the timeframe is 3 to 10 business days. For other EU countries, the timeframe is 3 to 12 business days, starting the day after the buyer places their order, as follows: via postal transport, Colissimo. Delivery will occur no later than 30 business days after the conclusion of the contract.
For deliveries to French overseas territories (DOM-TOM) or other countries, delivery methods will be specified to the buyer on a case-by-case basis.
In case of non-compliance with the agreed delivery date or timeframe, the buyer must, before terminating the contract, require the seller to execute it within an additional reasonable period. If the seller fails to execute the contract within this new timeframe, the buyer may freely terminate the contract.
The buyer must follow these formalities by registered letter with acknowledgment of receipt or in writing on another durable medium. The contract will be considered terminated upon receipt by the seller of the letter or writing informing them of such termination, unless the seller executes the contract in the meantime.
However, the buyer may terminate the contract immediately if the dates or timeframes mentioned above are essential to the buyer.
In such cases, when the contract is terminated, the seller must refund the buyer for all amounts paid, no later than 14 days following the date on which the contract was terminated.
If the ordered product is unavailable, the buyer will be informed as soon as possible and will have the option to cancel their order. The buyer may then choose to either receive a refund of amounts paid, no later than 14 days from the payment date, or exchange the product.
Article 12 - Delivery Terms
Delivery refers to the transfer to the consumer of physical possession or control of the goods. The ordered products are delivered according to the methods and timeframe specified above.
Products are delivered to the address indicated by the buyer on the order form, and the buyer must ensure its accuracy. Any package returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the buyer's expense. The buyer may request that an invoice be sent to the billing address rather than the delivery address by selecting the appropriate option on the order form.
If the buyer is absent on the delivery day, the carrier will leave a delivery notice in the mailbox, allowing the package to be collected at the specified location and within the specified timeframe.
If the original packaging is damaged, torn, or open upon delivery, the buyer must check the condition of the items. If they are damaged, the buyer must refuse the package and note a reservation on the delivery slip (e.g., "package refused due to being open or damaged").
The buyer must note any delivery anomalies (damage, missing product compared to the delivery slip, damaged package, broken items) on the delivery slip in the form of handwritten reservations signed by the buyer.
This verification is considered complete as soon as the buyer, or a person authorized by them, signs the delivery slip.
The buyer must confirm such reservations to the carrier by registered mail no later than two business days following receipt of the item(s) and send a copy of this letter to the seller by fax or regular mail to the address indicated in the website's legal notices.
If the products need to be returned to the seller, they must be subject to a return request to the seller within 14 days of delivery. Any claim made outside this timeframe will not be accepted. The return of the product can only be accepted for items in their original condition (packaging, accessories, instructions, etc.).
Article 13 - Delivery Errors
The buyer must notify the seller on the day of delivery or no later than the third business day following delivery of any claim regarding delivery errors and/or non-conformity of products in kind or quality compared to the information on the order form. Any claim made after this period will be rejected.
The claim may be made by the buyer:
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By phone at: 0956751982;
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By email at: contact@goldevil.com.
Any claim not made in accordance with the rules defined above and within the stipulated timeframes will not be taken into account and will release the seller from any liability to the buyer.
Upon receipt of the claim, the seller will assign an exchange number for the product(s) in question and communicate it to the buyer by email. The exchange of a product can only occur after the assignment of the exchange number.
In the event of a delivery error or exchange, any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging, via Colissimo Recommandé, to the following address:
GoldEvil Returns Warehouse
Lidostas Parks, Mārupes pagasts,
Mārupes novads, LV-2167, Latvia.
Important:
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This address is strictly for product returns. No returns should be sent without first contacting our customer service.
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Before returning any product, please contact us at contact@goldevil.com to receive the necessary instructions and authorizations.
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Any return made without prior authorization may be refused or not processed.
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All other types of correspondence (reviews, letters, etc.) sent to this address will be returned to the sender.
Article 14 - Product Warranties
14-1 Legal Guarantee of Conformity
The seller guarantees the conformity of the goods sold under the contract, allowing the buyer to make a claim under the legal guarantee of conformity provided for in Articles L. 217-3 and following of the French Consumer Code.
When implementing the legal guarantee of conformity, it is recalled that:
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The buyer has a period of 2 years from the delivery of the goods to act;
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The buyer may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L. 217-17 of the French Consumer Code;
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The buyer is not required to prove the non-conformity of the goods during the 24 months following delivery of the goods (12 months in the case of second-hand goods).
14-2 Legal Guarantee Against Hidden Defects
In accordance with Articles 1641 and following of the French Civil Code, the seller is liable for hidden defects in the sold item that render it unfit for its intended use or that so diminish its use that the buyer would not have acquired it or would have paid a lower price had they been aware of them. This warranty must be implemented within two years of discovering the defect.
The buyer may choose between cancellation of the sale or a price reduction in accordance with Article 1644 of the French Civil Code.
No commercial warranty is provided beyond the legal warranties mentioned above.
Article 15 - Right of Withdrawal
Exceptions to the Right of Withdrawal – Customized and Made-to-Order Products
Products sold on the www.goldevil.com website are made to order and designed to meet each customer's specifications (size, color, printed design). Consequently:
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These products are not subject to the right of withdrawal in accordance with Article L. 221-28 of the French Consumer Code.
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Only claims for proven defects or non-conformity of the products (printing defect, model, or size error) will be accepted. In such cases, the customer must report the problem within 14 days of receiving the order by contacting customer service at the following address: contact@goldevil.com.
Application of the Right of Withdrawal
In accordance with the provisions of the French Consumer Code, the buyer has a period of 14 days from the delivery date of their order to return any item that does not suit them and request an exchange or refund without penalty, except for return shipping costs, which remain the responsibility of the buyer.
Returns must be made in their original condition and complete (packaging, accessories, instructions) to allow them to be resold as new, accompanied by the purchase invoice.
Damaged, soiled, or incomplete products will not be accepted.
The right of withdrawal can be exercised online using the withdrawal form available on this website. In such cases, an acknowledgment of receipt on a durable medium will be sent to the buyer immediately. Any other method of withdrawal declaration is accepted, provided it is unambiguous and expresses the desire to withdraw.
In the event of exercising the right of withdrawal within the above timeframe, the price of the product(s) purchased and delivery costs will be refunded.
Return shipping costs are the responsibility of the buyer.
The exchange (subject to availability) or refund will be made no later than 14 days following notification of withdrawal, subject to the receipt of returned products by the buyer in the conditions specified above.
Exceptions
According to Article L. 221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for contracts:
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For the supply of goods whose price depends on fluctuations in the financial market beyond the control of the professional and which may occur during the withdrawal period;
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For the supply of goods made to the consumer's specifications or clearly personalized;
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For the supply of goods liable to deteriorate or expire rapidly;
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For the supply of goods that have been unsealed by the consumer after delivery and cannot be returned for reasons of hygiene or health protection;
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For the supply of goods which, after being delivered and by their nature, are inseparably mixed with other items;
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For the supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
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For maintenance or repair work to be performed urgently at the consumer's home and expressly requested by them, within the limit of spare parts and work strictly necessary to meet the emergency;
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For the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
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For the supply of newspapers, periodicals, or magazines, except for subscription contracts to these publications;
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For the supply of digital content not supplied on a tangible medium, the execution of which has begun after the consumer's express prior agreement and express waiver of their right of withdrawal.
Article 16 - Force Majeure
Any circumstances beyond the control of the parties that prevent the performance under normal conditions of their obligations are considered grounds for exemption from the obligations of the parties and result in their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence and disappearance.
Circumstances of force majeure include, but are not limited to: transportation or supply blockages, earthquakes, fires, storms, floods, lightning, cessation of telecommunications networks, or difficulties specific to external telecommunications networks beyond the control of clients.
The parties will come together to examine the impact of the event and agree on the conditions under which the contract will be continued. If the force majeure event lasts for more than three months, the contract may be terminated by the injured party.
Article 17 - Intellectual Property
The content of the website remains the property of the seller, who is the sole holder of the intellectual property rights to this content.
Buyers agree not to use this content in any way; any total or partial reproduction of this content is strictly prohibited and may constitute an infringement offense.
Article 18 - Data Privacy and Protection
Personal data provided by the buyer are necessary for processing their order and for issuing invoices.
They may be communicated to the seller's partners responsible for the execution, processing, management, and payment of orders.
The buyer has a permanent right of access, modification, correction, and opposition regarding the information concerning them. This right can be exercised under the conditions and according to the modalities defined on the GoldEvil website.
Article 19 - Partial Invalidity
If one or more provisions of these general terms and conditions are held to be invalid or declared as such under a law, regulation, or final decision of a competent court, the other provisions will retain their full force and scope.
Article 20 - No Waiver
The fact that one of the parties does not take advantage of a breach by the other party of any of the obligations mentioned in these general terms and conditions cannot be interpreted as a waiver of the obligation in question for the future.
Article 21 - Headings
In the event of difficulty in interpreting any of the headings of the clauses and any of the clauses themselves, the headings will be deemed non-existent.
Article 22 - Contract Language
These general terms and conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in case of dispute.
Article 23 - Mediation and Dispute Resolution
In accordance with Article L.616-1 of the French Consumer Code, the buyer may resort to conventional mediation, notably with the Consumer Mediation Commission or existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute. The names, contact details, and email address of the mediator are available on our website.
In case of a dispute between the Client and the company, they will strive to resolve it amicably (the Client will submit a written complaint to the professional or, where applicable, to the Professional Customer Relations Service).
In the absence of an amicable agreement or response from the professional within a reasonable period of one (1) month, the consumer Client, as defined by Article L.133-4 of the French Consumer Code, has the possibility of referring the matter free of charge to the competent mediator listed on the list of mediators established by the Commission for the Evaluation and Control of Consumer Mediation in application of Article L.615-1 of the French Consumer Code, namely:
La Société Médiation Professionnelle
www.mediateur-consommation-smp.fr
Alteritae 5 rue Salvaing 12000 Rodez
The list of accredited mediators: Médiation Conso.
In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution Platform, facilitating independent out-of-court settlement of online disputes between consumers and EU professionals. This platform is accessible via the following link: European Online Dispute Resolution Platform.
Article 24 - Governing Law
These general terms and conditions are subject to French law. The competent court is the judicial tribunal.
This applies to both substantive and procedural rules. In the event of a dispute or claim, the buyer will first contact the seller to seek an amicable solution.
Article 25 - Personal Data Protection
Collected Data
The personal data collected on this site are as follows:
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Account Creation: When the user creates an account, their name; first name; email address; phone number; and postal address are recorded.
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Connection: When the user connects to the website, it records, in particular, their name, first name, connection data, usage data, location data, and payment data.
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Profile: The use of the website's services allows a profile to be created, which may include an address and phone number.
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Payment: As part of the payment process for products and services offered on the site, financial data relating to the user's bank account or credit card is recorded.
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Communication: When the website is used to communicate with other members, data regarding the user's communications are temporarily retained.
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Cookies: Cookies are used as part of the website's operation. The user has the option to disable cookies through their browser settings.
Use of Personal Data
Personal data collected from users is intended to provide website services, improve them, and maintain a secure environment. Specifically, the uses are as follows:
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Access and use of the website by the user;
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Management of the website's operation and optimization;
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Organizing the conditions of use of the Payment Services;
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Verification, identification, and authentication of data transmitted by the user;
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Offering the user the possibility of communicating with other website users;
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Implementation of user assistance;
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Personalization of services by displaying advertisements based on the user's browsing history, according to their preferences;
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Prevention and detection of fraud, malware (malicious software), and management of security incidents;
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Management of possible disputes with users;
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Sending commercial and advertising information, according to the user's preferences.
Sharing Personal Data with Third Parties
Personal data may be shared with third-party companies in the following cases:
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When the user uses payment services, for the implementation of these services, the website is in contact with third-party banking and financial companies with which it has contracts;
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When the user publishes information in the free comment areas of the website, this information is publicly accessible;
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When the user authorizes a third-party website to access their data;
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When the website uses service providers to provide user assistance, advertising, and payment services. These service providers have limited access to the user's data as part of the execution of these services and are contractually obligated to use it in accordance with the provisions of the applicable regulations regarding personal data protection;
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If required by law, the website may transmit data to respond to complaints against the website and comply with administrative and judicial procedures;
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If the website is involved in a merger, acquisition, transfer of assets, or bankruptcy proceedings, it may be required to transfer or share all or part of its assets, including personal data. In this case, users would be informed before personal data is transferred to a third party.
Security and Confidentiality
The website implements organizational, technical, software, and physical measures in digital security to protect personal data against unauthorized alterations, destruction, and access. However, it should be noted that the Internet is not a completely secure environment, and the website cannot guarantee the security of the transmission or storage of information on the Internet.
User Rights
In accordance with the applicable regulations on personal data, users have the following rights, which they can exercise by making a request to the following address: contact@goldevil.com.