Terms and Conditions of Use

ARTICLE 1 – Purpose 

The Site accessible at the URL www.gingerly.fr (the "Site") aims to market the products and services of the company Gingerly. These General Terms and Conditions of Use (the "T&Cs") define the conditions under which the Site makes available to Clients the technological tools enabling them to acquire the products and services offered for sale on the Site. 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 Site and each time a purchase is made. 

ARTICLE 2 – Legal Information 

This site 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, whose registered office is located 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 Site is hosted by: OVH company, located at 2 rue Kellermann 59100 ROUBAIX, (phone: 09 72 10 10 07), support@ovh.com. The Publication Director: Ms. Aurélie Bachelet. Contact: namaste@gingerly.fr 

ARTICLE 3 – Scope of Application 

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

ARTICLE 4 – Account Creation 

To place an order on the Site, the Client must first create their personal Client area. Once created, to access it, the Client must identify themselves using their username and their secret, personal, and confidential password. It is up to the Client not to communicate 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 of the data, particularly username and password, allowing them to access their Client area, the Client acknowledging being solely responsible for accessing the Service through their username and password, except in the case of 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. 

The Client undertakes, upon registration, to: • provide real, accurate, and up-to-date information at the time of their entry into the service's 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 permanently ensure their real, accurate, and up-to-date nature. 

The Client further undertakes not to make available or distribute illicit or reprehensible information (such as defamatory information or constituting identity theft) or harmful information (such as viruses). Otherwise, the Seller will be able to suspend or terminate the Client's access to the Site 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 personal data requested from the Client by the Seller are necessary, both to guarantee them access to the Site's services and for the placing and processing of their orders. The Seller undertakes to ensure the security of the personal data it retains for the purposes of fulfilling and tracking orders. The processing of information communicated via the Site meets the legal requirements for personal data protection, the information system used ensuring optimal protection of this data. The Client has, in accordance with current national and European regulations, a permanent right of access, modification, rectification, opposition to portability, and limitation of processing regarding their information. This right can be exercised under the conditions and according to the procedures defined by the privacy policy available on the website via this link. 

ARTICLE 6 – Intellectual Property 

The Seller is the sole owner of all elements present on the Site, including but not limited to, all texts, files, animated or non-animated images, photographs, videos, logos, drawings, models, software, trademarks, visual identity, databases, Site 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 Site may be wholly or partially modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, disseminated, represented, stored, used, rented or exploited in any other way, free of charge or for a fee, by a Client or by a third party, whatever 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 Clients, for which the latter remain entirely responsible and guarantee the Company against any recourse in this regard. Clients grant the Seller a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license for the use of intellectual property content they publish on the Site, for the entire duration of protection of such content. The Seller reserves the right to take all legal action against persons who have not complied with 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 them and causing direct damage to the Client, excluding any indirect damage. The Client acknowledges that the characteristics and constraints of the Internet do not guarantee the security, availability, and integrity of data transmissions over the Internet. Thus, the Seller does not guarantee that the Site 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 made of the Site 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 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 guarantee the Seller against any conviction pronounced against them and to reimburse the Seller for all costs, including legal fees, incurred for their 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 court, the other stipulations will retain their full force and scope. 

ARTICLE 9 – Applicable Law 

These General Terms and Conditions of Use and the operations resulting from them 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 

The hyperlinks available on the Site may refer 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 Site and will then agree to use the third-party sites at their own risk or, if applicable, in accordance with the conditions governing them. The Client acknowledges that the Seller does not control or contribute 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 Site may also contain promotional hyperlinks and/or advertising banners referring to third-party sites not published by the Seller. The Seller invites the Client to report any hyperlink present on the Site that would allow access to a third-party site offering content contrary to laws and/or public morals. The Client may not use and/or insert a hyperlink pointing to the site without the prior written agreement of the seller on a case-by-case basis. 

ARTICLE 11 – Disputes 

Any dispute relating to the interpretation and/or execution of these T&Cs 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.