Terms and Conditions of Use

ARTICLE 1 – Purpose

The Website accessible at the URL www.gingerly.fr (the "Website") aims to market the products and services of the company Gingerly. These General Terms and Conditions of Use (the "GTU") define the conditions under which the Website makes available to Clients the technological tools enabling them to acquire the products and services offered for sale on the Website. They complement the General Terms and Conditions of Sale which govern sales and must be accepted by the Client through validation during their registration on the Website and each time a purchase is made.

ARTICLE 2 – Legal Information

This website is published by: GINGERLY, a company with a capital of 2000 euros, registered with the R.C.S. of Lille Métropole under number 890 741 093, with its registered office at 93 rue du lazaro 59700 MARCQ EN BAROEUL, represented by BACHELET Aurélie, duly authorized (hereinafter the Seller). The Seller's individual VAT number is: FR70890741093. The Website is hosted by: OVH company, located at 2 rue Kellermann 59100 ROUBAIX, (phone: 09 72 10 10 07), support@ovh.com. The Publication Director: Mrs. Aurélie Bachelet. Contact: namaste@gingerly.fr

ARTICLE 3 – Scope of Application

These GTU apply, without restriction or reservation, to the use of the services and technological tools made available to Clients by the Seller. These tools allow Clients to register on the Website, to be connected with the Seller, to order Products, to pay their price, to confirm their receipt, and to communicate with the Seller if necessary. These GTU are accessible at any time on the Website www.gingerly.fr and will prevail, where applicable, over any other version or any other contradictory document. As these GTU may be subject to subsequent modifications, the version applicable to the Client's purchase is that in force on the website on the date the order is placed. Modifications to these GTU are enforceable against users of the Website from their online publication date and cannot apply to transactions concluded previously.

ARTICLE 4 – Account Creation

To place an order on the Website, the Client must first create their personal Client area. Once created, to access it, the Client must log in using their username and secret, personal, and confidential password. It is the Client's responsibility not to disclose their username and password in accordance with the provisions of the PERSONAL DATA article of these General Terms and Conditions. Each Client undertakes to maintain strict confidentiality regarding the data, particularly username and password, allowing access to their Client area, the Client acknowledging that they are solely responsible for access to the Service via their username and password, unless proven fraud. Each Client also undertakes to inform the Seller without delay in the event of loss, misappropriation, or fraudulent use of their username and/or password.

After creating their personal Client area, the Client will receive an email confirming the creation of their client area.

Upon registration, the Client agrees to: • provide real, accurate, and up-to-date information at the time of entry into the service registration form, and in particular not to use false names or addresses, or names or addresses without authorization. • keep the registration data up-to-date to constantly ensure its real, accurate, and up-to-date nature.

The Client also undertakes not to make available or distribute illicit or reprehensible information (such as defamatory information or identity theft) or harmful information (such as viruses). Otherwise, the Seller will be able to suspend or terminate the Client's access to the Website at their sole fault.

ARTICLE 5 – Personal Data Protection

In application of law 78-17 of January 6, 1978, modified by law n°2018-493 of June 20, 2018, it is recalled that the nominative data requested from the Client by the Seller are necessary both to guarantee access to the Website's services and for the placing and processing of orders. The Seller undertakes to ensure the security of the personal data it retains for the needs of fulfilling and tracking orders. The processing of information communicated via the Website complies with legal requirements regarding personal data protection, the information system used ensuring optimal protection of this data. In accordance with current national and European regulations, the Client has a permanent right of access, modification, rectification, opposition, portability, and limitation of processing concerning their information. This right can be exercised under the conditions and according to the procedures defined by the privacy policy found on the website at this link.

ARTICLE 6 – Intellectual Property

The Seller is the sole owner of all elements present on the Website, including, but not limited to, all texts, files, animated or non-animated images, photographs, videos, logos, designs, models, software, trademarks, visual identity, databases, Website structure, and all other intellectual property elements and other data or information (hereinafter, the "Elements"), which are protected by French and international laws and regulations relating, in particular, to intellectual property. Consequently, none of the Elements of the Website may be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, disseminated, represented, stored, used, rented, or exploited in any other manner, in whole or in part, free of charge or for a fee, by a Client or by a third party, regardless of the means and/or media used, whether known or unknown to date, without the prior express written authorization of the Seller on a case-by-case basis, and the Client is solely responsible for any unauthorized use and/or exploitation. Furthermore, it is specified that the Seller does not own the content uploaded by the Clients, for which the latter remain fully responsible and guarantee the Company against any recourse in this regard. Clients grant the Seller a non-exclusive, transferable, sublicensable, royalty-free, worldwide license for the use of the intellectual property content they publish on the Website, for the entire duration of the protection of such content. The Seller reserves the right to take any legal action against persons who have not respected the prohibitions contained in this article.

ARTICLE 7 – Liabilities

The Seller's liability towards the Client can only be engaged for acts directly attributable to it and causing direct damage to the Client, to the exclusion of any indirect damage. The Client acknowledges that the characteristics and constraints of the Internet do not allow for guaranteeing the security, availability, and integrity of data transmissions over the Internet. Thus, the Seller does not guarantee that the Website and its services will operate without interruption or operational error. In particular, their operation may be temporarily interrupted for maintenance, updates or technical improvements, or to evolve their content and/or presentation. The Seller cannot be held responsible for the use of the Website and its services by Clients in violation of these General Terms and Conditions and for any direct or indirect damage that such use may cause to a Client or a third party. In particular, the Seller cannot be held responsible for false declarations made by a Client and for their behavior towards third parties. In the event that the Seller's liability is sought due to such behavior by one of its Clients, the latter undertakes to indemnify the Seller against any judgment rendered against it and to reimburse the Seller for all costs, including legal fees, incurred for its defense.

ARTICLE 8 – Partial Nullity

If one or more stipulations of these terms are held to be invalid or declared as such in application of a law, a regulation, or a final decision of a competent jurisdiction, the other stipulations will retain all their force and scope.

ARTICLE 9 – Applicable Law

These General Terms and Conditions of Use and the operations resulting therefrom are governed by French law. They are written in French. In the event that they are translated into one or more languages, only the French text will be deemed authentic in case of dispute.

ARTICLE 10 – Hyperlinks

Hyperlinks available on the Website may redirect to third-party sites not published by the Seller. They are provided solely for the Client's convenience, to facilitate the use of resources available on the Internet. If the Client uses these links, they will leave the Website and will then agree to use the third-party sites at their own risk or, where applicable, in accordance with the conditions governing them. The Client acknowledges that the Seller neither controls nor contributes in any way to the development of the terms of use and/or content applying to or appearing on these third-party sites. Consequently, the Seller cannot be held responsible in any way due to these hyperlinks. Furthermore, the Client acknowledges that the Seller cannot endorse, guarantee, or take responsibility for all or part of the terms of use and/or content of these third-party sites. The Website may also contain promotional hyperlinks and/or advertising banners redirecting to third-party sites not published by the Seller. The Seller invites the Client to report any hyperlink present on the Website that would allow access to a third-party site offering content contrary to laws and/or good morals. The Client may not use and/or insert a hyperlink pointing to the site without the Seller's prior written agreement on a case-by-case basis.

ARTICLE 11 – Disputes

Any dispute relating to the interpretation and/or execution of these GTU falls under the jurisdiction of French courts. Claims must be submitted on the Website www.gingerly.fr. The Client is informed that they can, in any case, resort to conventional mediation, particularly with the Consumer Mediation Commission (art. L 612-1 C. consom.) or with existing sectoral mediation bodies or any alternative dispute resolution method (conciliation, for example) in case of dispute.