General Terms 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 of Use (the “GTU”) 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 supplement the General Terms and Conditions of Sale which govern sales and must be accepted by the Client by means of validation during registration on the Site and upon each purchase 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, 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 Site 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 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 reception and to communicate with the Seller if necessary. These GTU are accessible at all times on the website www.gingerly.fr and will prevail, if 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 of placing the order. Modifications to these GTU are enforceable against Site users from their online publication and cannot apply to previously concluded transactions. 

ARTICLE 4 – Account Creation 

To place an order on the Site, the Client must first create a personal Client account. Once created, to access it, the Client must log in using their username and their 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 Conditions. Each Client undertakes to maintain strict confidentiality regarding the data, particularly username and password, allowing access to their Client account, the Client acknowledging being solely responsible for accessing the Service through their username and password, unless proven fraud. Each Client further 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 account, the Client will receive an email confirming the creation of their client account. 

Upon registration, the Client agrees to: • provide true, accurate, and up-to-date information when entering it into the service registration form, and in particular not to use false names or addresses, or names or addresses without authorization. • keep registration data up to date to constantly ensure its truthfulness, accuracy, and currency. 

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 Site at the Client's 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 reminded that the personal data requested from the Client by the Seller are necessary, both to guarantee their 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 needs of order fulfillment and tracking. The processing of information communicated via the Site 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 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 at this link. 

ARTICLE 6 – Intellectual Property 

The Seller is the sole owner of all elements present on the Site, including and without limitation, 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 modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented or exploited in any other manner, whether free or for a fee, in whole or in part, 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 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 Site, 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 complied with the prohibitions contained in this article. 

ARTICLE 7 – Responsibilities 

The Seller's liability towards the Client can only be incurred for acts directly attributable to them and causing direct harm to the Client, excluding any indirect harm. The Client 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 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 that would be made of the Site and its services by Clients in violation of these General Conditions and for the direct or indirect damages that this use could 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 conviction pronounced against it and to reimburse the Seller for all costs, including legal fees, incurred for its defense. 

ARTICLE 8 – Partial Nullity 

Should one or more stipulations of these terms be held invalid or declared as such under a law, regulation or final decision of a competent court, the other stipulations shall retain their full force and scope. 

ARTICLE 9 – Applicable Law 

These General Terms of Use and the transactions arising 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 be deemed authentic in the event of a dispute. 

ARTICLE 10 – Hyperlinks 

The hyperlinks available on the Site may lead 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 inform them of any hyperlink present on the Site that would allow access to a third-party site offering content contrary to laws and/or morality. The Client may not use and/or insert any hyperlink pointing to the site without the prior written consent 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 the jurisdiction of French courts. Complaints must be addressed on the Website www.gingerly.fr. The Client is informed that they may in any case resort to conventional mediation, particularly with the Consumer Mediation Commission (Article L 612-1 C. consom.) or with existing sectoral mediation bodies or any alternative dispute resolution method (conciliation, for example) in the event of a dispute.