CGV / CGU
GAPIANNE, a simplified joint-stock company with capital of 9,800 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 : designates any user who has purchased a Product or a Box through the Site.
Box : refers to the box received by the Customer and containing the Products distributed by Gapianne.
Order : refers to the process whereby the Customer selects the services to which he wishes to subscribe or the Products he wishes to purchase and have delivered.
Personal account : refers to the account available to any Customer 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 : refers to 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 which would oppose the Contract, and which would therefore be unenforceable against Gapianne.
Supplier : refers to 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 : refers to the products available for sale on the Site or contained in the Boxes.
Services : refers to 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 Customer.
Article 2 – Purpose
2.1. The General Conditions of Sale and the General Conditions of Use (hereinafter the "CGV / 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 relations between Gapianne and Users.
2.2. The CGV / CGU apply between Gapianne and any User of the Site. Any User of the Site undertakes to comply, without restriction or reservation, with these T&Cs / T&Cs. The CGV / CGU 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 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. The modifications substantially affecting the rights and obligations of the User will not become effective until 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 Personal Account from the Site.
Any other modification that does not substantially affect the rights and obligations of the User will be effective on the date of update of the GCS / CGU.
2.4. The User is advised to regularly consult the CGV / CGU accessible at the address https://www.thetrustsociety.fr/pages/CGV / CGU. These CGV / CGU are only available in French, this version being the only valid one. The Customer has the option of saving and printing them.
The prevailing version of the CGV / CGU is the latest version available on the Site.
2.5. The version applicable to an Order is that in force on the date of placing the latter.
Each new Order requires acceptance of the T&Cs / T&Cs by the Customer, which the latter acknowledges and accepts.
2.6. The User declares having obtained from Gapianne, prior to his Order, all the information on the Services and their content necessary for it. He declares to be solely responsible for the choice of the Services as well as their suitability for his needs.
2.7. The User must be a duly represented legal person or an adult natural person with the legal capacity to subscribe to the Services offered by Gapianne. Otherwise, he must have the authorization of his legal representative to subscribe to the Services, which he expressly acknowledges and accepts.
These CGV / CGU are subject to French law and the French standards in force.
Article 3 – Personal Account and Order
3.1. Creation of a personal account
In order to access the Services, the Customer must create his Personal Account, indicating in particular his surname, first name and email.
Upon receipt of this information, the Customer's Personal Account is then created by Gapianne.
A confirmation is sent by email to the Customer, so that the latter validates the creation of his Personal Account.
The Personal Data set out above is processed by Gapianne in accordance with its General Terms and Conditions of Sale accessible at the following address: https://www.gapianne.com/pages/CGV / CGU.
The User agrees to provide accurate, complete, lawful and fair information.
He undertakes to quickly update his data in the event of a change, in order in particular to allow the delivery of the Services ordered.
Otherwise, Gapianne cannot be held responsible, only the User being responsible for the data provided by him when creating his Personal Account.
3.2. Placing the Order
In order to place his Order, the Customer creates his Personal Account and subscribes to the Services of his choice.
The description of the Services is available to the Customer on the Site, which the Customer accepts and acknowledges.
Once the Order has been finalized, acceptance of the Order is confirmed by Gapianne by sending an email to the address indicated for the creation of his Personal Account.
Gapianne will send the Customer an invoice by email to the address provided when creating his Personal Account. The Customer can save or print his invoice.
Also, in the event of an error in entering the e-mail address concerned, or non-receipt of the e-mail order confirmation, 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 for unavailability of products due to stock shortage. The Customer may nevertheless exercise his right of withdrawal under the conditions provided for in the article of these CGV / CGU.
The Customer may, where applicable, modify or cancel the Order and 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 Customer may suspend and reactivate the Services to which he has subscribed on the Site at any time, directly via his Personal Account.
In this case, debits to his bank account will be suspended for the duration of the suspension, which he will determine in his sole discretion.
3.3.2. In the event of inappropriate behavior by the Customer and/or non-compliance with these T&Cs / T&Cs, payment incident, actions contrary to Gapianne's interests, assessed at Gapianne's sole discretion, the latter reserves the right to suspend or cancel the Customer's personal account.
In the event of suspension, the duration thereof is determined by Gapianne, depending on the nature and seriousness of the actions of the Client concerned. Gapianne will keep the Customer informed 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. The purchase of Products and Boxes
The Customer can buy Products or Boxes directly on the Site on an ad hoc basis. These products sold individually have all their characteristics. The Purchaser is solely responsible for the choice of products, their conservation and their use.
If necessary, special conditions may apply in addition to these.
4.2. Availability of Services
The Services of the Site are normally accessible by the Customer 24 hours a day, 7 days a week and all year round except in the event of voluntary interruption or not, regardless of the cause. This may include maintenance. Being by its activity, subject to an obligation of means, the company Gapianne cannot be held responsible for any physical, material or moral damage caused by the unavailability of the Site.
4.3. Availability of Products
The User can find out about the various Products offered and available for sale by Gapianne on the Site. These are indicated as being sold by Gapianne.
The User can navigate freely on the different pages of the Site, without being committed under an order.
The offers presented by Gapianne are valid as long as they are announced on the Site and within the limits of available stocks.
The mention "sold out" indicates that the product is no longer available because the stocks of the product in question have been completely sold out.
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 all taxes included.
The applicable price is that in effect when the Customer places the Order. The price and terms of payment may be modified at any time by Gapianne, particularly in the event of promotions or sales. However, the products will be invoiced on the basis of the prices in force at the time of registration of the Order.
5.2. Payment for the Services by the Customer is made by means of a credit card via the secure platform of the payment provider Shopify Payments, which the Customer expressly acknowledges and accepts. The Customer guarantees to Gapianne that he is fully authorized to use the bank card for the payment of his Order. Gapianne cannot be held responsible for any fraudulent use of the bank card used for payment of the Services by the Customer.
The terms of payment are specific to the platform of the payment provider Shopify Payments, and are independent of Gapianne, which does not intervene in any way in the use of said service. All terms and conditions related to payment via the Shopify Payments payment solution are governed by the General Terms and Conditions of Use of this service accessible at https://www.shopify.com/legal/terms-payments- fr, which apply concomitantly to these T&Cs / T&Cs. Gapianne does not keep any of the Customer's bank details, subject to the provisions below. Gapianne cannot be held responsible for any malfunction occurring on the Shopify Payments payment platform.
As part of the services offered by Shopify Payments, Gapianne is considered responsible for processing the personal data collected within the framework of these presents. Shopify Payments acts as a processor, in accordance with applicable legal and regulatory provisions.
By agreeing to these, Customer also agrees to be bound by the Shopify Payments Terms of Service. These are subject to change by Shopify Payments only. Indeed, it is specified that under no circumstances Gapianne can modify the General Conditions of Use of Shopify Payments, 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 regain possession of the said Products by any means.
Gapianne reserves the right to refuse any Order or any delivery for legitimate reasons, in particular total or partial non-payment of a previous Order by the Customer, refusal to authorize payment by credit 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 litigation with the Customer.
The responsibility of Gapianne can then in no case be engaged in this respect.
The products offered for sale by the Site comply with the French legislation in force and the standards applicable in France.
Article 6 – Delivery
6.1. The Products and Boxes are delivered anywhere in the world 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 up to the Customer 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 with their local customs office.
6.2. The Products and Boxes will be delivered either to the address indicated by the Customer when creating his Personal Account on the Site according to the delivery method chosen when placing his 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 Sundays and public holidays.
6.4. In the event of non-delivery on the date or within the time provided or, failing this, 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 document. In this case, the bank account used by the Customer when placing the Order will be credited by the payment provider Shopify Payments 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 breach 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 case, 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 the 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 the Orders placed by the Customer. In accordance with Article L. 111-1 of the Consumer Code, the Customer may, prior to his Order, take note, on the Gapianne Site, of the essential characteristics of the product(s) he wishes to order.
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, with regard to the digital presentation modes of the 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 admits and acknowledges.
The products comply with the French legislation in force. The photographs, graphics and descriptions of the products offered for sale are only indicative and do not bind Gapianne.
7.2. Compliance and hidden defect
7.2.1. In accordance with the legal guarantees of conformity and hidden defect, any reservations on a Product or a Box and its contents must be notified within 24 months from receipt of the Product or Box and within 24 months from of the discovery of the vice. Once the defect of the Product or Box has been proven, the Customer may obtain a new Product or a new Box, or the Product missing from the Box within the limits of available stocks. If the Product or the Box is no longer available in stock, the Customer may obtain the Box for the following month free of charge. The absence or the defect of a Product contained in the Box will give rise to the exchange against the same product according to the available stocks, or against another product. In any event, Gapianne's liability is limited by the value of the Product or the value of the Box. To obtain reimbursement under these conditions, the Subscriber must imperatively notify his choice to be reimbursed within thirty (30) days.
In accordance with the civil code:
Item L1648
“The action resulting from redhibitory defects must be brought by the purchaser within two years from 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 comply with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. »
Article L217-5
“The property is in accordance with the contract:
1° If it is specific to the use usually expected of a similar item 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 given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted. »
Article L217-6
“The seller is not bound by the public declarations of the producer or his representative if it is established that he did not know them and was not legitimately able to know them. »
Article L217-7
“The defects of conformity which appear within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise.
For goods sold second-hand, this period is set at six months.
The seller can challenge this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked. »
Article L217-8
“The buyer is entitled to demand that the goods conform to the contract. He cannot, however, contest conformity by invoking a defect which he knew or could not ignore when he contracted. The same applies when the defect has its origin in the materials supplied by him. »
Article L217-9
“In the event of a lack of conformity, the buyer chooses between the repair and the replacement of the good.
However, the seller may not proceed according to the choice of the buyer if this choice entails a manifestly disproportionate cost with regard to the other method, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer. »
Article L217-10
“If the repair and replacement of the good are impossible, the buyer can return the good and have the price refunded or keep the good and have part of the price refunded.
The same option is open to him:
1° If the solution requested, proposed or agreed pursuant to Article L. 217-9 cannot be implemented within one month following the buyer's complaint;
2° Or if this solution cannot be without major inconvenience for him given the nature of the property and the use he is looking for.
However, the resolution of the sale cannot be pronounced 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 at no cost to the buyer.
These same provisions do not preclude the award of damages. »
Article L217-12
“The action resulting from the lack of conformity is prescribed by 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 redhibitory 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 movable 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:
Item 1641
"The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it or does not would have given a lesser price if he had known them. »
Item 1642
“The seller is not liable for apparent defects of which the buyer has been able to convince himself. »
Item 1643
“He is liable for hidden defects, even if he did not know of them, unless, in this case, he has stipulated that he will not be bound by any guarantee. »
Item 1644
“In the case of Articles 1641 and 1643, the buyer has the choice of returning the item and having the price refunded or keeping the item and having part of the price returned to him, as it will be arbitrated by experts. »
Item 1645
“If the seller knew of the defects of the thing, he is liable, in addition to the restitution of the price he received for it, for all damages towards the buyer. »
Item 1646
"If the seller was unaware of the defects of the thing, he will only be bound to refund the price and to reimburse the purchaser for the costs incurred by the sale"
Item 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 for the other compensations explained in the two preceding articles. »
But the loss happened by fortuitous event will be for buyer's account.
Article 1648, first paragraph
“The action resulting from redhibitory defects must be brought by the purchaser, within a short time, according to the nature of the redhibitory 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 receipt of their order, the Customer may ask Gapianne to return the Product(s) and/or the Box in the event of Products received that are defective or damaged or Box received incomplete. Any complaint made after this period will be rejected.
To do this, the Customer will go to the Site, in the Contact section, and notify his surname, first name and address and the number of his order as well as the reason for his request for returns so that Gapianne can easily identify the customer and the to reimburse. Gapianne will then process this request and notify the Customer of its decision by email. The Customer will then return the parcel by post to Gapianne within seven (7) days and have the proof of deposit stamped, which he 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:
Gapianne at the New Galleries
25 avenue du Parmelan
74,000 ANNECY
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 of receipt of his order, or if the Product(s)( s) and/or Box is not returned in the condition described above, the return is considered canceled 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 his purchase within a maximum period of fourteen (14) days from its receipt by Gapianne, or will receive a new Product within the limits of available stocks.
Article 8 – Rights and deadlines 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 day of delivery of the Order to exercise his legal right of withdrawal without having to justify its decision.
The Products and Boxes must imperatively be returned in good condition to Gapianne at the address specified in article 12 above.
The 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 return due to damaged product. Gapianne does not accept parcels or letters sent postage due.
To exercise this right, the Customer must, within the period mentioned above, terminate the service by means of a letter with acknowledgment of receipt sent to the following address:
Gapiane
60 rue François 1er
75008 PARIS
The return must be made at the Customer's expense, in the original box. The box packaging should not be opened.
In the event of an exercise of the right of withdrawal, Gapianne will reimburse the Customer for the corresponding sum within a maximum period of fourteen (14) working days from receipt of the return. Reimbursement will be made by crediting the amount debited to the account corresponding to the Customer's bank card used during payment.
If the packaging is damaged or the Product(s) and Box are used or damaged, the Product(s) and Box will not be taken back 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 under any circumstances be held liable in the event of 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 complaint 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's liability under the obligations of these T&Cs / T&Cs cannot be engaged in the event that the non-performance of its obligations is attributable to the act of a third party, even if it is foreseeable, to the fault of the Customer, or to the occurrence of an event of force majeure as defined by French courts or any other event that was not reasonably under the exclusive control of Gapianne.
9.3. Gapianne does its best to ensure that the information provided is complete. The information accessible on the Site is provided "as is" without warranty of any kind, whether implicit or explicit, concerning in particular the integrity, accuracy, timeliness, non-infringement, availability , the reliability or completeness of the information, products or accessories appearing on the Gapianne Site or even the suitability for the use that the Customer plans 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 to a third party resulting from this non-compliant use.
9.4. Gapianne declines all responsibility for direct and indirect damage, whether foreseeable or not, caused during the use of the Site. In the event that Gapianne's liability should be established and retained for damage suffered by the Customer and attributable exclusively to the placing of an Order, this is limited to the amount of the Order paid by the Customer to Gapiane.
Any claim filed by a User, including any Customer, against Gapianne must be made within six (6) months of the occurrence of the event, 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 stipulations of these T&Cs / T&Cs are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent jurisdiction, the other stipulations shall retain all their strength and reach.
12.2. No Waiver
The fact for one of the Parties not to avail itself to the other Party of a breach of any of the obligations referred to in these T&Cs / T&Cs cannot be interpreted for the future as a waiver of the obligation in question.
12.3. Applicable law and competent jurisdiction
These CGV / CGU 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 update: 24/10/2022
Gapianne, a simplified joint-stock company with capital of 9,800 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 http://www.thetrustsociety.fr (hereinafter the "Site").
Contact: Marine Boucherit
Email: hello@gapianne.com
Mail: 60 rue Francois 1er Paris, 75008 PARIS
PREAMBLE
As part of its activity and in order to provide the services for which its Customers request it, Gapianne is required to collect and process some of the Customers' personal data. This charter (hereinafter the “Personal Data Charter”), put in place by Gapianne, provides summary and global information on the processing of their personal data.
Gapianne attaches particular importance to respect for the private life and confidentiality of personal data, and thus undertakes to process data in compliance with applicable laws and regulations, and in particular law n ° 78-17 of January 6, 1978. relating to data processing, files and freedoms (hereinafter the "Data Protection Act"), and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and the free movement of such data (“GDPR”), as introduced into French law.
Gapianne only collects personal data insofar as it is strictly necessary, and ensures the protection of the said data collected.
By using the Site, the Customer declares to accept the terms of this Personal Data Charter.
In addition, the Customer is reminded of the terms of Gapianne's general conditions of sale, available on this same page. The terms defined in the general conditions of sale have the same definition in this Personal Data Charter.
Article 1 – information collected
1.1. The information transmitted directly and voluntarily by the Customer
By using the Site, the Customer is required to transmit information to Gapianne, some of which is likely to identify him. This is particularly the case when the Customer creates or modifies his Personal Account, when he places an Order, or when he contacts Gapianne – whether by telephone, email or any other means of communication.
This confidential information contains the following data:
1.1.1. The data necessary for the creation of the Personal Account. These data are the name and surname, e-mail address, date of registration, address, telephone number and password. This information is obligatory. Otherwise, Gapianne will not be able to provide the Services offered by the Site to the Customer and the Customer will not be authorized to create a Personal Account;
1.1.2. A copy of all exchanges between the Customer 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, digicode, as well as any relevant information on delivery;
1.1.4. Where applicable, the Customer's responses to Gapianne's surveys and questionnaires and the opinions that the Customer 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 the subject of his request for reimbursement;
1.2. Data Collected Automatically
1.2.1 . During each of a Client's or User's visits, Gapianne may collect, in accordance with applicable legislation and with the Client's or User's agreement, where applicable, information relating to the devices on which they use the Services or the networks from which they access the Services, such as the type of equipment used, IP addresses, connection data, types and versions of internet browsers used, types and versions of browser plug-ins, systems and platforms operating conditions, data concerning the navigation route on the Site, in particular your route on the various URL pages of the Site, the content which they access or consult, the search terms used, the 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 is also likely to collect some personal data when the Client or User interacts with social network features, such as the “like” features. Gapianne refers in this respect to the general conditions of the social networks concerned.
1.3. Duration of retention of personal data
1.3.1. With the exception of the categories of personal data referred to in article 1.3.2. below, the Personal Data is archived at the end of a period of 3 years after the last use of the Site, whether or not the Customer's Personal Account has been closed - unless deletion of the personal data has been requested in the conditions of article 6 below.
1.3.2. Financial data (e.g. payments, refunds, etc.) is kept for the duration 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, so as to prevent their damage, erasure or access by unauthorized third parties.
Data relating to Orders are kept for a period of 5 years from the date of the Order.
In addition, the personal data appearing on the invoices may be archived by Gapianne for a period of 10 years in order to comply with its legal obligations in terms of storing invoices.
The Customer 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 information and Services requested; 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 e-mail, SMS or any other means of communication; carry out loyalty, prospecting and promotion operations;
2.4. Collect payments; manage outstanding payments and deal with disputes;
2.5. Ensure compliance with (i) the applicable legislation, (ii) the T&Cs / T&Cs; fight against fraud;
2.6. Send, in accordance with the 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 procedures; propose partner offers according to the Customer's choices;
2.7. Inform the Customer and the User of the modifications 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 for the attention of 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 the subcontractors and partners that Gapianne uses in terms of technical services, delivery services, payment services, identity verification. or analytical solution providers and collection companies and credit agencies.
3.3. Gapianne does not share the Customer's personal data with the third parties mentioned in 3.2. above only when it uses a service provider in the context of the execution of any Order concluded with the Customer or in order to provide or improve its Services. Personal data is never transmitted for any other purpose.
3.4. Gapianne transmits the Customer's personal data also 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 complaint against Gapianne, (ii) comply at any legal request, (iii) enforce any contract entered into with customers, such as the GCS / CGU;
3.5. If Gapianne is acquired by a third party, the data in its possession will, if necessary, 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 T&Cs / T&Cs.
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 the two Parties with the accounting documents necessary to validate the transaction, in accordance with the regulations.
Article 5 – Communications
In accordance with applicable legislation and with the consent of the User or 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 that may be of interest to the Client.
With regard to promotional e-mails: the Customer may at any time withdraw his consent by (i) clicking on the unsubscribe link provided in each of the communications or (ii) by contacting Gapianne according to the methods described in article 9 .
Article 6 - customer's rights on his personal data
Access to the Site and its use are free. To consult the public part of this site, it is not necessary to create a Personal Account, or to do anything that requires the User to transmit personal data.
On the other hand, it is necessary to create a Personal Account to place an Order. In this case, personal data is requested from the Customer.
If a User decides to create an account, he must accept: the confidentiality rules; the policy on cookies, the recording of information on the servers, the acquisition, processing, transfer and recording of its personal data by Gapianne to third parties if necessary to provide the requested Service, the transfer of any 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 Customer has the following rights: to oppose the processing of his personal data for legitimate reasons, it being noted that in this case, Gapianne may no longer be able to honor its contractual obligations in his respect, to access all of his personal data, rectify, update and delete, subject to legitimate reasons, his personal data, request the portability of his data, request a limitation of the processing of his data. The Customer has the possibility of indicating to Gapianne at any time that he does not wish, in the event of death, that his personal data be communicated to a third party.
To exercise these rights, the Customer may write to:
Gapiane
60 rue François 1er
75008 PARIS
or at hello@gapianne.com.
The Customer can also access or rectify his personal data from his Personal Account.
At any time, the Customer 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.
Section 7 – Cookies
Gapianne automatically records certain information when a User consults 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 carry out these operations. The information used is for the sole purpose of using the site, and cannot be transmitted to third parties (for marketing purposes, for example)
7.2. Analysis cookies: These are used to collect data to feed our quality approach, as to how visitors surf the Site. The analysis of the data collected (number of visits, time spent on the Site, etc.) makes it possible to improve practices.
Some cookies used on the Site are domain cookies (i.e. operated), others are set by third parties (i.e. operated by third parties, such as Google). In this second case, Gapianne invites you to consult the confidentiality rules specific to each of the 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 – Modification of the Charter
Gapianne may occasionally modify this Personal Data Charter. When necessary, Users will be informed and/or their agreement will be sought. We advise you to consult this page regularly to take note of any changes or updates to this privacy policy.
Article 9 – Contact
For any question 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.