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 "T&Cs") define the conditions under which the Website makes technological tools available to Clients, allowing them to purchase 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 upon 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 Lille Métropole R.C.S. 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, located at 2 rue Kellermann 59100 ROUBAIX, (telephone: 09 72 10 10 07), support@ovh.com. The Publication Director is: Ms. Aurélie Bachelet. Contact: namaste@gingerly.fr 

ARTICLE 3 – Scope of Application 

These T&Cs 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, connect with the Seller, order Products, pay for them, confirm their receipt, and communicate with the Seller if necessary. These T&Cs are accessible at any time on the website www.gingerly.fr and will prevail, where applicable, over any other version or contradictory document. As 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 order placement date. Modifications to these T&Cs are enforceable against Website users from their online publication 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. Each Client undertakes to maintain strict confidentiality of the data, particularly username and password, allowing access to their Client area, the Client acknowledging that they are solely responsible for accessing the Service through their username and password, except in cases 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. 

Upon registration, the Client agrees to: • provide real, exact, and up-to-date information when entering it into the service's registration form, and in particular not to use false names or addresses, or names or addresses without authorization. • keep registration data updated to constantly ensure its real, exact, 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 no. 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 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 purpose 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 the information about them. This right can be exercised under the conditions and according to the procedures defined by the privacy policy found 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 still images, photographs, videos, logos, designs, models, software, trademarks, visual identity, database, 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 way, 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 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, sub-licensable, free, and worldwide license for the use of the intellectual property content they publish on the Website, for the entire duration of protection of such content. The Seller reserves the right to pursue all legal remedies 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 engaged for acts directly attributable to it 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 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 made of the Website 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 conduct towards third parties. In the event that the Seller's liability is sought due to such conduct by one of its Clients, the latter undertakes to guarantee the Seller against any condemnation pronounced against it and to reimburse the Seller for all expenses, 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 court, the other stipulations will retain all their 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 – Hypertext Links 

Hypertext links 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 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 hypertext links. 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 hypertext links and/or advertising banners redirecting to third-party sites not published by the Seller. The Seller invites the Client 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 public morals. The Client may not use and/or insert a hypertext link 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 T&Cs falls under French jurisdiction. Claims must be submitted on the Website www.gingerly.fr. The Client is informed that they may in any event 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.