General Terms of Use

ARTICLE 1 – Purpose 

The Website accessible at the URL www.gingerly.fr (the "Website") is intended to market the products and services of the company Gingerly. These General Terms of Use (the "GTU") define the conditions under which the Website provides Customers with the technological tools enabling them to acquire the products and services offered for sale on the Website. They complement the General Terms of Sale governing sales and must be accepted by the Customer by means of 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, (telephone: 09 72 10 10 07), support@ovh.com. The Publication Director: Ms. 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 Customers by the Seller. These tools allow Customers 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 GTU are accessible at all times on the website www.gingerly.fr and shall prevail, if applicable, over any other version or any other conflicting document. As these GTU may be subject to subsequent modifications, the version applicable to the Customer's purchase is the one in force on the website on the date the order is placed. Modifications to these GTU are enforceable against users of the Website from the moment they are put online and cannot apply to transactions concluded previously. 

ARTICLE 4 – Account Creation 

To place an order on the Website, the Customer must first create their personal Customer account. Once created, to access it, the Customer must log in using their username and their secret, personal, and confidential password. It is up to the Customer not to communicate their username and password in accordance with the provisions of the PERSONAL DATA article of these General Terms. Each Customer undertakes to maintain strict confidentiality regarding the data, in particular username and password, allowing them to access their Customer area, the Customer acknowledging being solely responsible for access to the Service via their username and password, except in the case of proven fraud. Each Customer 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 Customer area, the Customer will receive an email confirming the creation of their customer area. 

The Customer undertakes, upon registration, to: • provide real, accurate, and up-to-date information at the time of entry into the service's registration form, and in particular not to use false names or addresses, or names or addresses without being authorized to do so. • keep registration data up to date to constantly ensure their real, accurate, and up-to-date nature. 

The Customer also undertakes not to make available or distribute illicit or objectionable information (such as defamatory information or constituting identity theft) or harmful information (such as viruses). Failing this, the Seller will be able to suspend or terminate the Customer's access to the Website at their exclusive fault. 

ARTICLE 5 – Personal Data Protection 

In application of Law 78-17 of January 6, 1978, as amended by Law n°2018-493 of June 20, 2018, it is recalled that the personal data requested from the Customer by the Seller is necessary both to guarantee them access to the Website's services and for the placement 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 Website complies with legal requirements regarding personal data protection, the information system used ensuring optimal protection of this data. The Customer has, in accordance with current national and European regulations, a permanent right of access, modification, rectification, opposition, portability, and limitation of processing regarding the information concerning them. 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 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 notably 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 way, in whole or in part, free of charge or for a fee, by a Customer 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 Customer 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 Customers, for which the latter remain fully responsible and guarantee the Company against any recourse in this regard. Customers grant the Seller a non-exclusive, transferable, sublicensable, royalty-free, and 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 all legal action against persons who have not complied with the prohibitions contained in this article. 

ARTICLE 7 – Responsibilities 

The Seller's liability towards the Customer can only be engaged for acts directly attributable to it and which would cause direct damage to the Customer, to the exclusion of any indirect damage. The Customer acknowledges that the characteristics and constraints of the Internet do not allow 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 functional 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 Customers in violation of these General Terms and for the direct or indirect damages that this use could cause to a Customer or a third party. In particular, the Seller cannot be held responsible for false declarations made by a Customer and their behavior towards third parties. In the event that the Seller's liability is sought due to such behavior of one of its Customers, the latter undertakes to guarantee the Seller against any conviction pronounced against it as well as 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, regulation, or definitive decision of a competent court, the other stipulations will retain their full force and scope. 

ARTICLE 9 – Applicable Law 

These General Terms 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 shall prevail in case of dispute. 

ARTICLE 10 – Hypertext Links 

Hypertext links available on the Website may refer to third-party sites not published by the Seller. They are provided solely for the Customer's convenience, to facilitate the use of resources available on the Internet. If the Customer uses these links, they will leave the Website 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 Customer 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 for these hypertext links. Furthermore, the Customer acknowledges that the Seller cannot endorse, guarantee, or take over all or part of the terms of use and/or content of these third-party sites. The Website may also contain promotional hypertext links and/or advertising banners referring to third-party sites not published by the Seller. The Seller invites the Customer to report any hypertext link present on the Website that would allow access to a third-party site offering content contrary to laws and/or good morals. The Customer may not use and/or insert a hypertext link 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 GTU falls under French jurisdiction. Complaints must be submitted on the Website www.gingerly.fr. The Customer 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.