CGV / CGU

The company GAPIANNE, a simplified joint stock company with capital of 10,226 € euros, whose registered office is located at 60 rue Francois 1er Paris, 75008 PARIS, registered with the Paris Trade and Companies Register under number 899 967 962 (hereinafter “Gapianne”), operates the website available at the address https://gapianne.com (hereinafter the “Site”).

Contact: Marine Boucherit
Email: hello@gapianne.com
Mail: 60 rue Francois 1er Paris, 75008 PARIS

Article 1 – Definitions

Customer : means any user who has purchased a Product or a Box through the Site.

Box : means the box received by the Customer and containing the Products distributed by Gapianne.

Order : means the process of the Customer selecting the services to which he wishes to subscribe or the Products which he wishes to purchase and have delivered.

Personal Account : means the account that any Customer has to place an order in order to access the services, including the personal data necessary for Gapianne to provide the Products and services available on the Site.

Contract : means these General Terms and Conditions of Sale and any special conditions applicable to certain promotional operations. Therefore, the Customer waives the right to rely on any contradictory document that would conflict with the Contract, and which would therefore be unenforceable against Gapianne.

Supplier : means the manufacturers of the Products contained in the Boxes and available for sale on the Site.

Parties : jointly designates Gapianne and the Users of the Site.

Products : means the products available for sale on the Site or contained in the Boxes.

Services : means the online sale of Products and Boxes through the Site.

User : means any natural or legal person accessing the Site, whether or not they are a Client.

Article 2 – Purpose

2.1. The General Conditions of Sale and the General Conditions of Use (hereinafter the “GCS / CGU / CGU”) govern (i) the conditions under which Users can access the Site, (ii) the conditions under which Customers can place Orders for Boxes and Products for sale on the Site, and (iii) manage the relations between Gapianne and the Users.

2.2. The General Terms and Conditions of Sale / General Terms and Conditions of Use apply between Gapianne and any User of the Site. Any User of the Site undertakes to comply, without restriction or reservation, with these General Terms and Conditions of Sale / General Terms and Conditions of Use. The General Terms and Conditions of Sale / General Terms and Conditions of Use are notified to Users for acceptance prior to any Order on the Site.

The fact that the User continues to browse the Site after notification of the T&Cs/T&Cs entails their acceptance by the User.

2.3. Gapianne reserves the right to modify the T&Cs / T&Cs at any time without prior notice, in particular to take into account any legal, jurisprudential and/or technical developments. Gapianne will inform the User by any means for the latter's acceptance of the modifications. Modifications substantially affecting the User's rights and obligations will only become effective from the moment the latter has accepted the modified T&Cs / T&Cs. In the event that the User refuses to accept the modified T&Cs / T&Cs, Gapianne reserves the right to delete his or her personal Account from the Site.

Any other modification not substantially affecting the rights and obligations of the User will be effective on the date of update of the T&Cs/T&Cs.

2.4. The User is advised to regularly consult the T&Cs / T&Cs accessible at the address https://gapianne.com/pages/cgv . These T&Cs / T&Cs are available only in French, this version being the only valid one. The Customer has the option to save and print them.

The version of the T&Cs/T&Cs that prevails is the latest version available on the Site.

2.5. The version applicable to an Order is that in force on the date the latter is placed.

2.6. The User declares that he/she has obtained from Gapianne, prior to his/her Order, all the information on the Services and their content necessary for the Order. He/she declares that he/she is solely responsible for the choice of Services and their suitability for his/her needs.

2.7. The User must be a duly represented legal entity or an adult natural person with the legal capacity to subscribe to the Services offered by Gapianne. Failing this, the User must have the authorization of their legal representative to subscribe to the Services, which they expressly acknowledge and accept.

2.8. The User must be at least 18 years old and have the legal capacity or parental authorization to purchase CBD or hemp products. The User must confirm that they are 18 years old or older and accept Gapianne's T&Cs regarding this type of product. Without this, they will not be able to make these specific purchases.

These T&Cs are subject to French law and current French standards.

Article 3 – Personal Account and Order

3.1. Creation of a Personal Account

In order to access the Services, the Client must create their personal Account, indicating in particular their first name, last name and email address.

Upon receipt of this information, the Client's Personal Account is then created by Gapianne.

A confirmation is sent by email to the Client, so that the latter can validate the creation of their Personal Account.

The Personal Data set out above are processed by Gapianne in accordance with its General Conditions of Sale accessible at the following address: https://www.gapianne.com/pages/CGV / CGU.

The User undertakes to communicate accurate, complete, lawful and fair information.

He undertakes to quickly update his data in the event of a change, in order to enable, in particular, the delivery of the Services ordered.

Failing this, Gapianne cannot be held responsible, the User being the only one responsible for the data provided by him/her when creating his/her Personal Account.

3.2. Placing the Order

In order to place an Order, the Customer creates their personal Account and subscribes to the Services of their choice.

The description of the Services is available to the Client on the Site, which the Client accepts and acknowledges.

Once the Order is finalized, the processing of the Order is confirmed by Gapianne by sending an email to the address indicated for the creation of the Personal Account.

Gapianne will send the Client an invoice by email to the address provided when creating their Personal Account. The Client can save or print their invoice.

Also, in the event of an error in entering the email address concerned, or non-receipt of the order confirmation email, Gapianne cannot be held liable. In this case, the sale will be considered final, except in cases of cancellation of the order by Gapianne, in particular due to unavailability of products due to stock shortages. The Customer may nevertheless exercise his right of withdrawal under the conditions provided for in the article of these General Terms and Conditions.

The Customer may, if necessary, modify or cancel the Order, subject to Gapianne's logistical and technical requirements, by contacting the after-sales service by email at hello@gapianne.com.

3.3. Suspension of a Personal Account

3.3.1. The Client may suspend and reactivate at any time the Services to which he has subscribed on the Site, directly via his personal Account.

In this case, debits from his bank account will be suspended for the duration of the suspension, which he will determine at his sole discretion.

3.3.2. In the event of inappropriate behavior by the Client and/or non-compliance with these T&Cs/T&Cs, payment incident, actions contrary to the interests of Gapianne, assessed at the sole discretion of Gapianne, the latter reserves the right to suspend or delete the Client's Personal Account.

In the event of suspension, the duration of the suspension is determined by Gapianne, depending on the nature and seriousness of the actions of the Client concerned. Gapianne will inform the Client of its decision and the duration of the suspension as soon as possible.

Article 4. Description of the Services available on the Site

4.1. Purchase of Products and Boxes

The Customer may purchase Products or Boxes directly from the Site on an ad hoc basis. These products, sold individually, have all their characteristics. The Buyer is solely responsible for the choice of products, their storage, and their use.

Where applicable, special conditions may apply in addition to these terms and conditions.

4.2. Availability of Services

The Site's Services are normally accessible to the Customer 24 hours a day, 7 days a week, all year round, except in the event of voluntary or involuntary interruption, regardless of the cause. This may include maintenance. Being subject to an obligation of means, by virtue of its activity, Gapianne cannot be held liable for any physical, material, or moral damage caused by the unavailability of the Site.

4.3. Availability of Products

The User can view the various Products offered and available for sale by Gapianne on the Site. These are indicated as being sold by Gapianne.

The User can freely navigate the different pages of the Site, without being committed to an order.

The offers presented by Gapianne are valid as long as they are advertised on the Site and while stocks last.

The "sold out" label indicates that the product is no longer available because the stocks of the product in question have been completely sold.

Article 5. Price of Services and payment

5.1. The price of the Services appearing on the Site is indicated in euros, excluding taxes and including all taxes.

The applicable price is the one in effect at the time the Customer places the Order. The price and payment terms may be modified at any time by Gapianne, particularly in the event of promotions or sales. However, products will be invoiced based on the rates in effect at the time the Order is placed.

5.2. Payment for the Services by the Customer is made by bank card via a secure platform of the payment service provider Viva Wallet, which the Customer expressly acknowledges and accepts. The Customer guarantees to Gapianne that he/she is fully authorized to use the bank card for the payment of his/her Order. Gapianne cannot be held responsible for any fraudulent use of the bank card used for the payment of the Services by the Customer.

The payment terms are specific to the Viva Wallet payment service provider platform and are independent of Gapianne, which does not intervene in any way in the use of said service. All terms and conditions relating to payment via the Viva Wallet payment solution are governed by the General Terms and Conditions of Use of this service accessible at the address https://www.viva.com/fr-fr/terms-portal , which apply concurrently to these T&Cs / T&Cs. Gapianne does not store any of the Customer's bank details, subject to the provisions below. Gapianne cannot be held responsible for any malfunction occurring on the Viva Wallet payment platform.

As part of the services offered by Viva Wallet, Gapianne is considered the data controller for the personal data collected hereunder. Viva Wallet acts as a data processor, in accordance with applicable legal and regulatory provisions.

By accepting this document, the Customer also agrees to be bound by the Viva Wallet General Terms of Use. These may be modified by Viva Wallet only. It is specified that under no circumstances may Gapianne modify the General Terms of Use of Viva Wallet, which is exclusively a service provider, over which it has no control.

5.3. Payment of the full price must be made when ordering.

The Products remain the property of Gapianne until full payment of the price. In the event of non-payment by the Customer of all or part of the price of the order, Gapianne reserves, until full payment, a right of ownership over the Products sold, allowing it to repossess said Products by any means.

Gapianne reserves the right to refuse any Order or delivery for legitimate reasons, including total or partial non-payment of a previous Order by the Customer, refusal of authorization of payment by bank card from banking and/or insurance organizations, non-payment or partial payment, use of a bank card not issued by a French financial institution or current or previous dispute with the Customer.

Gapianne cannot be held liable in this regard under any circumstances.

The products offered for sale by the Site comply with current French legislation and the standards applicable in France.

Article 6 – Delivery

6.1. The Products and Boxes are delivered worldwide and under the conditions set out on this site, in French.

Gapianne cannot be held liable in the event of non-compliance with the legislation of the country in which the Products and Boxes are delivered; it is the Customer's responsibility to verify this.

Outside the European Union, customs or import taxes may be added to the price of our products and remain the responsibility of the Customer. It is therefore the Customer's responsibility to inquire about their amount at their local customs office.

6.2. The Products and Boxes will be delivered either to the address indicated by the Customer when creating their personal Account on the Site according to the delivery method chosen when placing their Order.

6.3. Delivery times are indicated on the Site and depend on the delivery method chosen by the Customer.

In any event, Gapianne undertakes to deliver the Boxes and Products within a maximum period of thirty (30) days from the Order validation email sent to the Customer by Gapianne.

Delivery times exclude weekends and public holidays.

6.4. In the event of failure to deliver on the date or within the expected timeframe or, failing that, no later than thirty (30) days from the Order validation email, subject to the provisions of Article 6.3 above, the Customer may order Gapianne, in writing to the address hello@gapianne.com, to make the delivery within a reasonable additional period. If Gapianne has not complied within this new period, the Customer may request in writing the cancellation of the Order, which will be effective upon receipt of the written notice. In this case, the bank account used by the Customer when placing the Order will be credited by the payment service provider Viva Wallet with the amount unduly received.

6.5. Furthermore, it is expressly agreed that in the event that Gapianne is unable to deliver a Box or a Product under the conditions provided for herein due to a failure by one of its Suppliers (delay in delivery, non-compliance of the Order in particular), the Customer will be informed by Gapianne as soon as possible and by any means. In this event, the Customer will not be debited for the amount of the Box or the Product concerned, or will be reimbursed within fourteen (14) days.

Gapianne's liability is therefore limited to the amount of the Box or Product ordered by the Customer.

Article 7 – Legal guarantees

7.1. Product conformity

Gapianne may modify the range of products and services offered for sale on its Website at any time, without prejudice to Orders placed by the Customer. In accordance with Article L. 111-1 of the French Consumer Code, the Customer may, prior to placing an Order, consult the essential characteristics of the product(s) they wish to order on the Gapianne Website.

The information mentioned on each product page is that communicated to Gapianne by the suppliers of these products. Gapianne will make its best efforts to ensure that the photographic representation of the products on the Website is as faithful as possible to the products themselves. However, in view of the digital presentation methods of products on the Internet, it is possible that the Customer's perception of the photographic representation of the products does not correspond exactly to the product itself, which the Customer acknowledges and recognizes.

The products comply with current French legislation. The photographs, graphics, and descriptions of the products offered for sale are for informational purposes only and do not bind Gapianne in any way.

7.2. Conformity and hidden defects

7.2.1. In accordance with the legal guarantees of conformity and hidden defects, any reservations regarding a Product or Box and its contents must be notified within 24 months of receipt of the Product or Box and within 24 months of discovery of the defect. Once the defect in the Product or Box has been proven, the Customer may obtain a new Product or Box, or the Product missing from the Box while stocks last. If the Product or Box is no longer available in stock, the Customer may obtain the Box for the following month free of charge. The absence or defect of a Product contained in the Box will give rise to an exchange for the same product depending on available stocks, or for another product. In any event, Gapianne's liability is limited by the value of the Product or the value of the Box. To obtain a refund under these conditions, the Subscriber must notify their choice to be refunded within thirty (30) days.

In accordance with the civil code:

Article L1648

“The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect.”

7.2.2. All Products sold by Gapianne are subject to the legal guarantee of conformity, according to articles L.217-4 and following of the consumer code:

Article L217-4

“The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery.

It is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been made its responsibility by the contract or has been carried out under its responsibility.

Article L217-5

“The property complies with the contract:

1° If it is suitable for the use usually expected of a similar good and, where applicable:

– if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;

– if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;

2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

Article L217-6

"The seller is not bound by the public statements of the producer or his representative if it is established that he did not know them and was not legitimately in a position to know them."

Article L217-7

“Defects of conformity which appear within twenty-four months from delivery of the goods are presumed to have existed at the time of delivery, unless proven otherwise.

For goods sold second-hand, this period is set at six months.

The seller may challenge this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.

Article L217-8

"The buyer is entitled to demand that the goods conform to the contract. However, he cannot contest conformity by invoking a defect that he knew about or could not have been unaware of when he entered into the contract. The same applies when the defect originates from the materials that he himself supplied."

Article L217-9

“In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods.

However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate compared to the other method, taking into account the value of the goods or the significance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer.

Article L217-10

"If repair and replacement of the goods are impossible, the buyer may return the goods and have the price refunded or keep the goods and have part of the price refunded.

The same faculty is open to him:

1° If the solution requested, proposed or agreed upon in application of Article L. 217-9 cannot be implemented within one month following the buyer's complaint;

2° Or if this solution cannot be achieved without major inconvenience for the latter given the nature of the property and the use he is seeking.

However, the sale cannot be cancelled if the lack of conformity is minor.

Article L217-11

“The application of the provisions of Articles L. 217-9 and L. 217-10 takes place without any cost to the buyer.

These same provisions do not prevent the allocation of damages.

Article L217-12

“The action resulting from the lack of conformity is prescribed after two years from the delivery of the goods.”

Article L217-13

"The provisions of this section do not deprive the buyer of the right to exercise the action resulting from latent defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature which is recognized by law."

Article L217-14

"The recourse action may be exercised by the final seller against successive sellers or intermediaries and the producer of the tangible personal property, according to the principles of the Civil Code."

7.2.3. All products sold by Gapianne are subject to the guarantee against hidden defects, according to articles 1641 and following of the civil code:

Article 1641

"The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it or would have paid a lower price for it if he had known of them."

Article 1642

"The seller is not liable for apparent defects of which the buyer has been able to convince himself."

Article 1643

"He is liable for hidden defects, even if he was not aware of them, unless, in this case, he has stipulated that he will not be obliged to provide any guarantee."

Article 1644

"In the case of Articles 1641 and 1643, the buyer has the choice of returning the item and having the price refunded or of keeping the item and having part of the price refunded as determined by experts."

Article 1645

"If the seller knew of the defects in the item, he is liable, in addition to the restitution of the price he received, for all damages and interest to the buyer."

Article 1646

"If the seller was unaware of the defects in the item, he will only be required to return the price and reimburse the purchaser for the costs incurred by the sale."

Article 1647

"If the thing which had defects has perished as a result of its poor quality, the loss is for the seller, who will be liable to the buyer for the restitution of the price and the other compensation explained in the two preceding articles."

But the loss incurred by fortuitous event will be for the account of the buyer.

Article 1648, first paragraph

"The action resulting from latent defects must be brought by the purchaser, within a short period of time, depending on the nature of the latent defects and the usage of the place where the sale was made."

7.3. Defective or damaged Products and/or Box

Within two (2) working days of receiving the order, the Customer may request Gapianne to return the Product(s) and/or the Box in the event of defective or damaged Products received or an incomplete Box received. Any claim made after this period will be rejected.

To do this, the Customer will go to the Site, in the Contact section, and notify his/her name, first name and address and the number of his/her order as well as the reason for his/her return request so that Gapianne can easily identify the customer and reimburse him/her. Gapianne will then process this request and notify the Customer of its decision by email. The Customer will then return the package by post to Gapianne within seven (7) days and have the proof of deposit stamped, which he/she will keep. The Product(s) and/or Box must be returned in its original packaging, in its original condition, new, unopened, to the following address:

BX LOGISTICS

1 Place des Fontaines

70210 Saddles

The return is at the Customer's risk and expense.

If the Product(s) and/or Box is not returned by the Customer within fourteen (14) working days from receipt of the order, or if the Product(s) and/or Box is not returned in the condition described above, the return is considered cancelled and the Customer must keep the product.

In the event that the defective product is proven, the Customer will be reimbursed by a credit of the amount debited from the account corresponding to the Customer's bank card used during payment or by check for the amount of their purchase within a maximum period of fourteen (14) days from its receipt by Gapianne, or will receive a new Product within the limit of available stocks.

Article 8 – Rights and time limits for withdrawal

In accordance with Article L. 121-21 of the French Consumer Code, the Customer has a period of 14 (fourteen) days from the date of delivery of the Order to exercise his legal right of withdrawal without having to justify his decision.

The Products and Boxes must be returned in good condition to Gapianne at the address specified in article 12 above.

Return costs will remain the responsibility of the Customer or the recipient of the Order if it is the latter who exercises the contractual right of withdrawal, except in the case of a return due to a damaged product. Gapianne does not accept packages or mail sent postage due.

To exercise this right, the Customer must, within the period mentioned above, terminate the service by sending an email to hello@gapianne.com .

The return must be made at the Customer's expense, in the original box. The box packaging must not be opened.

In the event of exercising the right of withdrawal, Gapianne will reimburse the Customer for the corresponding amount within a maximum of fourteen (14) working days from receipt of the return. The reimbursement will be made by crediting the amount debited to the account corresponding to the Customer's bank card used for payment.

If the packaging is damaged or the Product(s) and Box are used or damaged, the Product(s) and Box will not be returned or refunded.

Article 9 – Liability

9.1. Gapianne offers a Product supply service, but is in no way the designer, manufacturer, or prescriber of these products. Therefore, Gapianne cannot be held liable in any case for bodily injury and/or immaterial and/or material damage that may result from the use of the Products sold on its Site or present in the Box, which are distributed under the sole responsibility of their manufacturers, and which are used under the sole responsibility of the Customer. Any claim that may result from the use of the Products sold on its Site or present in the Box must be addressed directly to the manufacturer.

9.2. Gapianne shall not be liable for the obligations of these T&Cs/T&Cs if the failure to perform its obligations is attributable to the actions of a third party, even if foreseeable, to the fault of the Client, or to the occurrence of a force majeure event as defined by the French courts or to any other event which was not reasonably under the exclusive control of Gapianne.

9.3. Gapianne makes every effort to ensure that the information provided is complete. The information accessible on the Site is provided "as is" without any warranty of any kind, whether implicit or explicit, concerning in particular the integrity, accuracy, timeliness, non-infringement, availability, reliability or completeness of the information, products or accessories appearing on the Gapianne Site or the suitability for the use that the Customer intends to make of them. Gapianne cannot be held responsible for the items sold on its Site, particularly in the event of non-compliance with their instructions for use. Gapianne cannot be held liable for any damage caused to the Customer or a third party, resulting from this non-compliant use.

9.4. Gapianne declines all liability for direct and indirect damages, whether foreseeable or not, caused during the use of the Site. In the event that Gapianne's liability should be established and retained due to damage suffered by the Customer and attributable exclusively to the placing of an Order, this liability is limited to the amount of the Order paid by the customer to Gapianne.

Any claim filed by a User, including any Customer, against Gapianne must be made within six (6) months following the occurrence of the event which is the subject of the claim.

Article 10 – Intellectual property

The trademarks, logos, and video content appearing on the Site are the property of Gapianne and/or various third parties. No use or reproduction is authorized without the written consent of Gapianne or the third parties concerned.

Article 11 – Customer Service

For any specific questions, customer service can be reached by email at hello@gapianne.com.

Article 12 – General

12.1. Partial invalidity

If one or more provisions of these T&Cs are held to be invalid or declared as such pursuant to a law, regulation or following a final decision by a competent court, the other provisions shall retain their full force and scope.

12.2. No Waiver

The fact that one of the Parties does not assert against the other Party a breach of any of the obligations referred to in these T&Cs/T&Cs cannot be interpreted in the future as a waiver of the obligation in question.

12.3. Applicable law and competent jurisdiction

These T&Cs are governed by French law, unless otherwise provided.

Any dispute relating to the execution or interpretation of these T&Cs/T&Cs will be submitted to the competent court depending on the nature of the dispute.

Gapianne – PRIVACY POLICY

Last updated: 10/24/2022

Gapianne, a simplified joint-stock company with a capital of 10,226 euros, whose registered office is located at 60 rue François 1er 75008 Paris, registered with the Paris Trade and Companies Register under number 899 967 962 (hereinafter “Gapianne”), operates the website available at the address https://gapianne.com/ (hereinafter the “Site”).

Contact: Marine Boucherit
Email: hello@gapianne.com
Mail: 60 rue Francois 1er Paris, 75008 PARIS

PREAMBLE

As part of its business and in order to provide the services requested by its Clients, Gapianne is required to collect and process some of its Clients' personal data. This charter (hereinafter the "Personal Data Charter"), implemented by Gapianne, provides summary and comprehensive information on the processing of their personal data.

Gapianne attaches particular importance to respecting the privacy and confidentiality of personal data, and thus undertakes to process data in compliance with applicable laws and regulations, and in particular Law No. 78-17 of 6 January 1978 relating to information technology, files and freedoms (hereinafter the "Data Protection Act"), and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data ("GDPR"), as introduced into French law.

Gapianne only collects personal data to the extent that it is strictly necessary, and ensures the protection of the data collected.

By using the Site, the Client declares that they accept the terms of this Personal Data Charter.

Furthermore, the Customer is reminded of the terms of Gapianne's general terms and conditions of sale, available on this same page. The terms defined in the general terms and conditions of sale have the same definition in this Personal Data Charter.

Article 1 – Information collected

1.1. Information transmitted directly and voluntarily by the Client

By using the Site, the Customer is required to transmit information to Gapianne, some of which may be of a nature to identify them. This is particularly the case when the Customer creates or modifies their Personal Account, when they place an Order, or when they contact Gapianne – whether by telephone, email, or any other means of communication.

This confidential information contains the following data:

1.1.1. The data required to create the Personal Account. This data is the first and last name, email address, registration date, address, telephone number and password. This information is mandatory. Otherwise, Gapianne will not be able to provide the Services offered by the Site to the Client and the Client will not be authorized to create a Personal Account;

1.1.2. A copy of all exchanges between the Client and Gapianne;

1.1.3. A copy of all Orders placed on the Site: Product ordered, quantity, amount, frequency, delivery and/or billing address, telephone number, digital code, as well as any relevant delivery information;

1.1.4. Where applicable, the Client’s responses to Gapianne’s surveys and questionnaires and the opinions that the Client has left to evaluate the Services and Products offered by Gapianne;

1.1.5. The data that Gapianne may ask the Customer to provide when the latter reports a problem relating to the Site, such as for example the subject of his refund request;

1.2. Data collected automatically

1.2.1 . During each visit by a Customer or User, Gapianne may collect, in accordance with applicable legislation and with the Customer's or User's consent, where applicable, information relating to the devices on which they use the Services or the networks from which they access the Services, such as, in particular, the type of equipment used, IP addresses, connection data, types and versions of internet browsers used, types and versions of browser plugins, operating systems and platforms, data concerning the navigation path on the Site, in particular your path on the various URL pages of the Site, the content they access or consult, the search terms used, download errors, the duration of consultation of certain pages, the advertising identifier of their device, interactions with the page as well as any telephone number used to contact Gapianne.

1.2.2. Gapianne may also collect certain personal data when the Client or User interacts with social media features, such as the “like” features. Gapianne refers in this regard to the general conditions of the social media concerned.

1.3. Duration of storage of personal data

1.3.1. With the exception of the categories of personal data referred to in Article 1.3.2. below, Personal Data is archived after a period of 3 years following the last use of the Site, whether or not the Client's Personal Account has been closed – unless deletion of personal data has been requested under the conditions of Article 6 below.

1.3.2. Financial data (e.g. payments, refunds, etc.) are retained for the period required by applicable tax and accounting laws.

During this period, Gapianne implements the organizational, software, legal, technical and physical means capable of ensuring the confidentiality and security of personal data, in order to prevent their damage, deletion or access by unauthorized third parties.

Data relating to Orders are kept for a period of 5 years from the date of the Order.

Furthermore, personal data appearing on invoices may be archived by Gapianne for a period of 10 years in order to comply with its legal obligations regarding the retention of invoices.

The Client or User may at any time request the deletion of their personal data, except those listed in article 1.3.2, the limitation of their processing or the absence of transmission to third parties.

Article 2 – Use of personal data

Gapianne uses the personal data collected for the purposes of:

2.1. Allow the Client and User secure access to its Site;

2.2. Execute the Orders concluded between the Customer and Gapianne and provide it with the requested information and Services; more broadly, carry out operations relating to the management of the Order, deliveries, monitoring of customer relations, complaints, after-sales service;

2.3. Send information about the Services and Orders made by email, SMS or any other means of communication; carry out loyalty, prospecting and promotional operations;

2.4. Collect payments; manage unpaid debts and handle disputes;

2.5. Ensure compliance with (i) applicable legislation, (ii) the T&Cs/T&Cs; combat fraud;

2.6. Send, in accordance with applicable legal provisions and with the Customer's agreement when required by law, marketing, advertising and promotional messages and information relating to the use of the Services, the Order terms and conditions; propose partner offers based on the Customer's choices;

2.7. Inform the Client and the User of changes made to the Services;

2.8. Improve and optimize the Site, in particular to ensure that the display of content is adapted to the User's device;

2.9. Personalize the communication of Gapianne, the Site and its Services to the Client and the User.

Article 3 – Recipients

3.1. Gapianne is the main recipient of personal data.

3.2. Gapianne also works closely with third-party companies that may have access to Customers' personal data, and in particular with subcontractors and partners that Gapianne uses for technical services, delivery services, payment services, identity verification, or even analytical solution providers and debt collection companies and credit organizations.

3.3. Gapianne only shares the Client's personal data with the third parties mentioned in 3.2. above when it uses a service provider in the context of the execution of any Order concluded with the Client or in order to provide or improve its Services. Personal data is not transmitted for any other purpose.

3.4. Gapianne also transmits the Client's personal data when it has a legal obligation to do so or if it believes in good faith that this is necessary to (i) respond to any claim against Gapianne, (ii) comply with any legal request, (iii) enforce any contract concluded with clients, such as the T&Cs / T&Cs;

3.5. If Gapianne is acquired by a third party, the data in its possession will, where applicable, be transferred to the new owner.

Article 4 – Monetary Transactions

The Site is considered an e-commerce site and is therefore subject to the obligations relating to this type of activity. Gapianne therefore invites all Users to consult its General Terms and Conditions of Sale / General Terms and Conditions of Use.

Regarding banking transactions carried out on the Site, Gapianne uses certified online payment services that comply with international security rules and personal data protection policies.

Gapianne does not access the Customer's credit card information, account numbers, or any other data sent to these services. These third-party services are independent and only provide both Parties with the accounting records necessary to validate the transaction, in accordance with regulations.

Article 5 – Communications

In accordance with applicable legislation and with the consent of the User or the Client when required, Gapianne may use the personal data provided on the Site for commercial prospecting purposes (for example to (i) send its newsletters, (ii) send any communication likely to interest the Client.

With regard to promotional emails: the Customer may withdraw their consent at any time by (i) clicking on the unsubscribe link provided in each communication or (ii) by contacting Gapianne in accordance with the procedures described in Article 9.

Article 6 – Customer rights over their personal data

Access to and use of the Site are free. To view the public part of this Site, it is not necessary to create a Personal Account or do anything that requires the User to provide personal data.

However, it is necessary to create a Personal Account to place an Order. In this case, the Customer will be asked to provide personal data.

If a User decides to create an account, he/she necessarily accepts: the confidentiality rules; the cookie policy, the recording of information on the servers, the acquisition, processing, transfer and recording of his/her personal data by Gapianne to third parties if necessary to provide the requested Service, the transfer of all or part of the personal data to the competent legal authorities, either in the event of a finding of criminal activities or in the event of a legal injunction from said legal authority.

The Client has the following rights: to object to the processing of their personal data for legitimate reasons, noting that in this case, Gapianne may no longer be able to honor its contractual obligations towards them, to access all of their personal data, to rectify, update and delete, subject to legitimate reasons, their personal data, to request the portability of their data, to request a limitation of the processing of their data. The Client has the possibility to indicate to Gapianne at any time that they do not wish, in the event of death, for their personal data to be communicated to a third party.

To exercise these rights, the Client can write to hello@gapianne.com .

The Client can also access or rectify his personal data from his Personal Account.

At any time, the Client may also unsubscribe from any commercial prospecting program by contacting Gapianne at the aforementioned address or by clicking on the unsubscribe link in the prospecting email sent.

Article 7 – Cookies

Gapianne automatically records certain information when a User visits the Site. Gapianne collects this information in the form of "cookies".

Gapianne uses 2 categories of cookies:

7.1. Strictly necessary cookies: These are used to use certain features of the Site. They are mandatory to complete these operations. The information used is solely for the use of the Site, and may not be transmitted to third parties (for marketing purposes, for example).

7.2. Analytics cookies: These are used to collect and support our quality approach, regarding how visitors browse the Site. Analyzing the data collected (number of visits, time spent on the Site, etc.) helps us improve practices.

Some cookies used on the Site are domain cookies (i.e., they are operated), while others are set by third parties (i.e., they are operated by third parties, such as Google). In the latter case, Gapianne invites you to consult the confidentiality rules specific to each of these third parties.

Most browsers allow you to block cookies or to be warned before a cookie is saved on the User's device. Please note that without cookies, you will not be able to access all the features of the Site.

Article 8 – Amendment of the Charter

Gapianne may occasionally modify this Personal Data Charter. When necessary, Users will be informed and/or their consent will be requested. We advise you to regularly consult this page to be aware of any changes or updates made to this privacy policy.

Article 9 – Contact

For any questions relating to this Personal Data Charter or for any request relating to your personal data, you can contact us by sending an email to hello@gapianne.com.