+33.2 40 27 15 06 - +33.2 44 06 24 76
ARTICLE 1 - APPLICATION OF THE GTCS AND MODIFICATIONS These general conditions of sale apply to all orders placed on the site www.promoglisse.com. These general conditions come into force on the date of signing the order form. They are concluded for the duration necessary for the supply of the goods and services subscribed, until the expiry of the guarantees owed by the company Xanadu SARL no. Of SIRET 481 881 704 00011. Placing an order implies unreserved acceptance of the general conditions. The consumer acknowledges being fully informed that his agreement concerning the content of these general conditions does not require the handwritten signature of this document, insofar as the customer wishes to order online the products presented in the context of the website store. . The consumer has the option to save or edit these general conditions, it being specified that both the saving and the editing of this document are his sole responsibility. The consumer, prior to his order, declares that the acquisition of these products is not directly related to his professional activity, their acquisition being reserved for his personal use. As a consumer, the customer therefore has specific rights, which would be called into question in the event that the products or services acquired within the framework of the website actually have a connection with his professional activity. The consumer declares to have the full legal capacity allowing him to engage under the present general conditions. Xanadu may modify the conditions of sale at any time without notice, the modifications then being applicable to all subsequent orders. This contract is formed by the following contractual documents, presented in descending hierarchical order: these general conditions, the order form, notices (Export Service, Deliveries). In the event of a contradiction between the provisions contained in documents of different rank, the provisions of the higher-ranking document shall prevail.
ARTICLE 2 - PRODUCT The Xanadu company presents on its website www.promoglisse.com the products for sale with the necessary characteristics that allow to comply with Article L 111-1 of the Consumer Code, which provides for the possibility for the potential consumer to know before the final order taking the essential characteristics of the products he wishes to buy. ARTICLE 3 - AVAILABILITY OF PRODUCTS Our product offers and prices are valid, while stocks last. Upon receipt of your order, product availability is checked. In case of unavailability of the ordered product, in particular because of our suppliers, the consumer will be informed as soon as possible and will be refunded in full no later than thirty days. Pre-order products. The availability date is displayed on the product sheet on the site. Pre-ordering gives you the opportunity to purchase, and therefore reserve your product in advance. Please note that the manufacturer can modify the availability date at any time. Note that all products and / or options ordered with your pre-order item will also be delivered on this date, unless you advise otherwise. ARTICLE 4 - ORDER TERMS Electronic order validation Any order on www.promoglisse.com has 4 stages. 1 / adding items to the basket. 2 / Enter your billing and delivery details. 3 / Summary and final validation of your order. 4 / Access to the payment method selected in your basket. An order will be considered valid when these 4 steps have been properly completed. Order confirmation Contractual information will be confirmed by e-mail at the time of delivery at the latest or, failing that, to the address indicated by the consumer in the order form. Proof of transaction The computerized registers, kept in the computer systems of the Xanadu company under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium which can be produced as proof.
ARTICLE 5- PRICES The seller price list does not constitute a sale. It can be modified unilaterally without prior notice. The goods are invoiced at the price agreed upon when ordering. The prices are indicated in euros and do not take into account the delivery costs, invoiced in addition. The mode of transport as well as its cost varies according to the weight and the volume of the order. The transport costs applicable to the Customer's order are communicated during the ordering procedure except in the case of sales outside mainland France for which we invite you to consult our appendix to the GTC entitled Export and to contact us for advice and a quotation. personalized. The prices indicated on the site take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store. As the sales prices including VAT are calculated from an HT basis, the simultaneous ordering of several products and / or options may lead to rounding differences of the order of one euro cent between the respective selling prices of the products and / or options and their sum calculated automatically in the basket. Also, only the amounts indicated on the order form have value when ordering. Payment of the full price must be made when ordering. At no time may the sums paid be considered as a deposit or down payment.
ARTICLE 6 - TERMS OF PAYMENT AND SECURITY OF TRANSACTIONS In all cases, payment is made in Euro. You can pay either: - by credit card: Carte Bleue, Visa, and MasterCard only for deliveries in France - by PayPal: secure transactions by credit card via PayPal International, up to a limit of € 300 per order. - by check payable to Promoglisse.com only for holders of a bank account domiciled in France. If you can and in order to facilitate the processing of your order, we recommend that you print your order confirmation email and attach it to your check. - In the event that you cannot print your order confirmation email, write down your order number on the back of the check. Failure to comply with this instruction may result in lengthened processing times.For any re-freezing of a value greater than € 1,000, delivery will be made from the date of crediting the amount to our bank account, which corresponds to 15 maximum days - by bank transfer: directly to our bank account, the details of which will be communicated to you when ordering. The transfer is to be made by you and at your expense with your bank (by internet or at the counter according to your account agreement), A payment issued by a physical person different from the one identified when ordering will only be accepted with a written and signed agreement from the person issuing the check accompanied by a photocopy of his identity document and his number. phone. The products remain the property of Xanadu until full payment of the order. However, from the delivery, the risks of the delivered goods are transferred to the customer. The consumer guarantees Xanadu that he has the necessary authorizations to use the payment method chosen by him, when validating the order form.
Xanadu reserves the right to suspend any order management and any delivery in the event of refusal of authorization of payment by bank card from officially accredited organizations or in the event of non-payment. Xanadu Sarl reserves the right to refuse to make a delivery or to honor an order from a consumer who has not fully or partially paid a previous order or with whom a payment dispute is being administered. . Securing bank card transactions The online payment procedure is secure thanks to the SSL (Secure Socket Layer) protocol which allows the encryption and scrambling of your bank card details. ARTICLE 7 - DELIVERY TERMS Delivery Our delivery times are indicative, we do our best to respect them, however SARL XANADU can not be held responsible for late delivery. Orders received before 1:00 p.m. are processed the same day and shipped the same or next day. The announced delivery time is based on the date of shipment of the goods. Saturdays, Sundays and public holidays are to be added to the initial delivery time. In Corsica and in the Metropolitan Islands, in Europe, in the DOM-TOM and the rest of the world the price varies according to the size of the product. The information is updated regularly and is available when you order. Outside mainland France, certain bulky products cannot be sold on the www.promoglisse.com site. In this case and for any shipment outside mainland France, you can send us a request for a quote. Our team will take care of finding the most suitable and cheapest means of transport to send you your order as soon as possible.
Damage / Missing packages The products are delivered to the address indicated by the consumer on the order form and only in metropolitan France. The consumer is required to check the condition of the packaging and the goods on delivery and to refuse the package by notifying the damage due to the carrier on the transport slip, then confirm by registered letter with acknowledgment of receipt within a period 48 hours written reservations formulated to the carrier at the address of the latter indicated on the transport slip and in a copy by fax or simple mail to Promoglisse.com (see contact details of the company). Upon receipt of the return of goods at our premises, we will proceed with a new shipment of the products to replace those damaged during transport depending on the availability of the products. This new expedition can be complete or partial. In the event of unavailability, we will make the total or partial refund (depending on the availability of the items) within 48 hours from the date of receipt of the return package. For fragile goods shipped by carrier, we invite you to consult our Deliveries page on which the recommendations to follow upon receipt of your package are detailed. Delivery error The consumer must formulate with the company Xanadu Sarl the same day of delivery or at the latest the first working day following the delivery, any claim of error of delivery and / or non-conformity of the products in kind or in quality compared to to the information on the order form. Any complaint formulated beyond this period will be rejected. The formulation of this complaint with the company Xanadu Sarl can be made: - in priority by telephone to the number in force in the article "Company details" of these general conditions of sale from Monday to Friday from 10 am to 7 pm, - or by email to the address indicated in the "contact" section Any complaint not made in accordance with the rules defined above and within the time limits cannot be taken into account and will release Xanadu Sarl from any liability towards the consumer.
Upon receipt of the complaint, Xanadu Sarl will assign an exchange number for the product (s) concerned and will communicate it by e-mail, fax or telephone to the consumer. The exchange of a product can only take place after the attribution to the consumer of an exchange number according to the procedure presented above. In the event of a delivery error or an exchange relating to a delivery error, any product to be exchanged or reimbursed must be returned to Xanadu Sarl as a whole and in its original packaging, to the address that Xanadu Sarl will have communicated to the consumer during the allocation of the exchange number. To be accepted, any return must be reported in advance to the Customer Service of Xanadu Sarl The shipping costs are the responsibility of Xanadu Sarl except in the event that the returned product does not correspond to the declaration of origin made by the consumer in the return slip. We advise you to check the delivery address carefully during the order summary. In the event of an error in the shipping address, the shipping costs for a new shipment will be borne by the customer. The choice and purchase of a product is the sole responsibility of the customer. The total or partial impossibility of using the products, in particular due to incompatibility of the equipment, cannot give rise to any compensation, reimbursement or questioning of the responsibility of Xanadu Sarl, except in the case of a proven hidden defect. , non-conformity, defect or exercise of the right of withdrawal.
ARTICLE 8 - RIGHT OF WITHDRAWAL The buyer has a period of fourteen (14) clear days to exercise his right of withdrawal without having to justify reasons or pay penalties, with the exception of return costs. The period starts from the receipt of the package by the consumer. If this period expires on a Saturday, a Sunday or a public holiday, it is extended until the next working day. Any return must be reported in advance to the Customer Service of Xanadu Sarl. - in priority by phone on 02 40 27 15 06 - or by email to the address indicated in the "contact" section. The product must be returned to the following address: PROMOGLISSE.com RETURN SERVICE 5 place René Guy CADOU 44250 St Brévin l'Ocean To facilitate the processing of your return, we invite you to indicate the order number. This is indicated on the purchase invoice that accompanies your package or in the order confirmation email. The products must not have been unsealed, so that the consumer can benefit from the right of withdrawal. Only products returned as a whole, in their original packaging and in perfect condition for resale, accompanied by a photocopy of the corresponding invoice will be accepted. In the event of the exercise of the right of withdrawal, the consumer has the choice to request either the refund of the sums paid, or the exchange of the product. No cash on delivery will be accepted, whatever the reason. In the case of an exchange, the re-shipment will be at the expense of the consumer. In the event of exercise of the right of withdrawal, the company Xanadu Sarl will reimburse the consumer by check or transfer within 30 days. The right of withdrawal cannot be exercised concerning products made according to the consumer's specifications, ie custom-made kitesurf boards and custom-made surfboards. In the event of abusive returns, the Company reserves the right to refuse any subsequent order.
ARTICLE 9 - PRODUCT GUARANTEE / AFTER SALES SERVICE In accordance with article 4 of decree n ° 78-464 of March 24, 1978, the provisions hereof cannot deprive the consumer of the legal guarantee which obliges the professional seller to guarantee him against all the consequences of hidden defects of the item sold. . The consumer is expressly informed that the company Xanadu Sarl is not the producer of the products presented on the website, within the meaning of law n ° 98-389 of May 19, 1998 and relating to liability for defective products. . Consequently, in the event of damage caused to a person or to a good by a defect of the product, only the responsibility of the producer of this one can be sought by the consumer, on the basis of the information appearing on the notice of the said product. The warranty period is generally one year, parts and labor, and the producer warranty conditions are indicated in the instructions / forms accompanying the products upon delivery. Depending on the case, only the defective part can be replaced. Given the frequency of renewal of certain parts of technical products, Xanadu Sarl may, on request, inform the consumer of the availability of spare parts for the products offered and how to possibly obtain them. In the event of a warranty claim for a product and in the event of acceptance of an exchange, the product will be replaced by an identical model or its equivalent with a higher vintage, or fully refunded. The cost of transport remains the responsibility of the customer and cannot be subject to reimbursement.
ARTICLE 10 - RESPONSIBILITY Force majeure Neither party will have failed in its contractual obligations, insofar as their execution will be delayed, hindered or prevented by a fortuitous event or force majeure. Will be considered as fortuitous event or force majeure any irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonable efforts possible. The party affected by such circumstances will notify the other within ten working days of the date on which it becomes aware. The two parties will then get together, within a period of one month, unless this is impossible due to force majeure, to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the case of force majeure lasts longer than three months, these general conditions may be terminated by the injured party. Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning; shutdown of telecommunication networks or difficulties specific to telecommunication networks external to customers. Concerning the products of the previous vintages and sold in promotion, the color is not contractual and can vary according to stocks and availabilities.
Limits of Liability Photos are for illustrative purposes. We invite you to refer to the description of each product to know the precise characteristics. If in doubt or if you would like additional information, do not hesitate to contact customer service. Concerning the products of the previous vintages and sold in promotion, the color is not contractual and can vary according to stocks and availabilities. In the event of a manifest error between the characteristics of the product and its representation and / or the conditions of sale, Promoglisse.com cannot be held liable. The buyer is informed that the suppliers can change the characteristics of the products at any time. Some indications, such as the weight of a float, can be varied by plus or minus 5%. In the event of hypertext links pointing to other sites from promoglisse.com, the company will not be responsible for the content of the information provided on these sites after activation of these links.
ARTICLE 11 - APPLICABLE LAW These general conditions are subject to French law. This is the case for the substantive rules as for the formal rules. In the event of a dispute or complaint, the consumer will first contact Xanadu Sarl to obtain an amicable solution. No partial validation If one or more stipulations of these general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force. and their scope. No waiver The fact that one of the parties does not invoke a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation. in question.
ARTICLE 12 - INTELLECTUAL PROPERTY All the texts, tree structure of departments, names of commercial transactions, comments, illustrations and images reproduced on the promoglisse.com site are reserved under copyright as well as intellectual property and for the whole world. As such and in accordance with the provisions of the Intellectual Property Code, only use for private use subject to different or even more restrictive provisions of the intellectual property code. Any total or partial reproduction of the promoglisse.com site is strictly prohibited. All texts, comments, works, illustrations and images of promoglisse.com partners on the site remain their entire property. For more information, please refer to their general conditions of sale and use available on their websites. In the event of fraudulent use of these 'partner' content, promoglisse.com cannot be held liable.
ARTICLE 13 - PROVISION OF THE "COMPUTER AND FREEDOM" LAW The information requested from the consumer is necessary for the processing of his order and may be communicated to the contractual partners of the company Xanadu Sarl involved in the execution of this order. The consumer can write to the company Xanadu Sarl whose contact details are indicated in article 22, to oppose such communication, or to exercise his rights of access, rectification with regard to information concerning him and appearing. in the files of Xanadu Sarl under the conditions provided for by the law of January 6, 1978. The consumer is informed that he can himself make changes to his account in the section provided for this purpose. In accordance with the Data Protection Act of January 6, 1978 you have, at any time, the right to access, rectify, and oppose all of your personal data by writing, by mail and providing proof of your identity, at PROMOGLISSE.COM IT and Liberties Department, 5 place rené guy Cadou 44250 St Brévin l'Océan.
ARTICLE 14 - COMPANY DETAILS The online store of the PROMOGLISSE.COM site was set up by SWFM Web Agency Avenue des 20 Moulins 44250 ST BREVIN LES PINS Phone: +33 (0) 6 72 63 39 57 www.swfm.fr To contact us: PROMOGLISSE.COM 5 place René Guy CADOU 44250 St BREVIN l'OCEAN Phone: +33 (0) 2 40 27 15 06 Mail: firstname.lastname@example.org
II. PERSONAL DATA : By default, PROMOGLISSE does not collect any personal information about you. You can browse our site without giving us any information whatsoever. When you make a purchase on PROMOGLISSE or complete the contact form, we may collect, as appropriate, the following information (hereinafter your "Personal Information"): first and last name ; society full billing and delivery postal addresses (street, additional address, postal code, city) email address ; phone number; billing and delivery country reviews of our products; payment information (in addition to your credit card information not stored on our Site); order history; user access (username / password pair) acceptance / non-acceptance of receipt of our newsletter
Payment of your order When you place an order, the bank payment information is processed by our payment partner CREDIT AGRICOLE. This information is encrypted in accordance with data security standards established by the payment card industry (PCI-DSS and TLS1.2). The PCI-DSS standard, managed by the PCI Security Standards Council, is a joint effort of companies such as Visa, MasterCard, American Express and Discover. The TLS 1.2 standard allows the encryption of data transmitted over the network. Information relating to your purchase transaction is kept for as long as necessary to complete your order. Once your order is finalized, the information relating to the purchase transaction is deleted. The requirements of the above-mentioned standards ensure the secure processing of credit card data by our store and its service providers. Delivery of your order Your delivery information is transmitted to our partner carriers. This information is used to generate a delivery slip that we print and stick on your package. This delivery slip with your address and a bar code ensures the correct delivery of your order to the address you have indicated. Confirmation notifications, receipt of your payment, preparation for delivery Throughout the post-order process, we will send you email notifications to inform you of the order's status and, if applicable, to confirm delivery to your home or to the address of your choice. Customer service Your personal information can be used to contact you in the event of a problem (products, incomplete address, delivery problem, etc.) related to the order you have placed on our site. Newsletter You have the option of whether or not you are sent emails to inform you of promotional offers and our news, via a periodic newsletter, otherwise known as the Newsletter. You can unsubscribe at any time by clicking on the "unsubscribe" link at the bottom of the emails we send you. Customer account To order, it is necessary to create a customer account. In this case, we will ask you to choose a password. Your customer account allows you:
To place an order by recording your billing / delivery information Obtain promotional offers. In accordance with the General Data Protection Regulation adopted by the European Parliament on April 14, 2016, and the Data Protection Act of January 6, 1978, as amended, PROMOGLISSE informs you of the following points: 1. Identity of the controller: The data controller is PROMOGLISSE, with its registered office at 5 Place rené Guy Cadou 44250 SAINT BREVIN L’OCEAN - France. Phone. : + 33 (0) 2 40 27 15 06. 2. Purposes of processing: PROMOGLISSE may process your Personal Information: (a) for the purpose of providing you with the information or services you have requested (in particular: sending the newsletter, commercial offer, notifications of order confirmations, notifications of preparation of an order, notifications of delivery of orders, solicitation to submit your opinions…); and or (b) for the purpose of collecting information enabling us to improve our Site, our products and services (in particular by means of cookies); and or (c) for the purpose of contacting you about various events relating to PROMOGLISSE, including in particular product updates and customer after-sales service.
3. Recipients: Only PROMOGLISSE is the recipient of your Personal Information. These, whether in individual or aggregated form, are never transmitted to a third party, notwithstanding the subcontractors to which PROMOGLISSE uses (you will find more information about them in point 7 below). Neither PROMOGLISSE, nor any of its subcontractors, sells the personal data of visitors and users of its Site. 4. Shelf life: Credit card data: Credit card data is only kept for the duration of the payment transaction by our partner CREDIT AGRICOLE. Personal data: Your Personal Information is kept by PROMOGLISSE only for the time corresponding to the purpose of the collection as indicated in 2 above, which may not in any case exceed 36 months. 5. Computer Rights and Freedoms: You have the following rights regarding your Personal Information, which you can exercise by writing to us at the postal address mentioned in point 1. Right of access and communication of data: You have the right to access Personal Information concerning you. However, because of the obligation of security and confidentiality in the processing of personal data which is incumbent on PROMOGLISSE, you are informed that your request will be processed provided that you provide proof of your identity, in particular by the production of '' a scan of your valid identity document (in the event of a request using our electronic contact form) or a signed photocopy of your valid identity document (in the event of a written request). PROMOGLISSE informs you that it will be entitled, if necessary, to oppose clearly abusive requests (by their number, their repetitive or systematic nature). To help you in your process, in particular if you wish to exercise your right of access by means of a written request to the postal address mentioned in point 1, you will find by clicking on the following link a model letter developed by the National Commission for Computing and Freedoms (the “CNIL”). https://www.cnil.fr/fr/modele/courrier/exercer-son-droit-dacces
Right to rectify data: Under this right, the legislation empowers you to request the rectification, updating, blocking or even erasure of data concerning you which may prove to be inaccurate, erroneous, incomplete or obsolete. Also, you can define general and specific directives relating to the fate of personal data after your death. Where applicable, the heirs of a deceased person may require the death of their loved one to be taken into account and / or to make the necessary updates. To help you in your process, in particular if you wish to exercise, on your own account or on behalf of one of your deceased relatives, your right of rectification by means of a written request to the postal address mentioned in point 1, you will find by clicking on the following link a model letter developed by the CNIL. https: //www.cnil.fr/fr/modele/courrier/rectifier-des-donnees-inexactes-o ... Right of opposition: The exercise of this right is only possible in one of the following two situations: 1. When the exercise of this right is based on legitimate reasons; or 2. When the exercise of this right is intended to prevent the data collected from being used for commercial prospecting purposes. To help you in your process, in particular if you wish to exercise your right of opposition by means of a written request addressed to the postal address indicated in point 1, you will find by clicking on the following link a model letter developed by the CNIL. https: //www.cnil.fr/fr/modele/courrier/supprimer-des-informations-vous-c ...
6. Response times: PROMOGLISSE undertakes to respond to your request for access, rectification or opposition or any other additional request for information within a reasonable period of time which may not exceed 1 month from receipt of your request. 7. Authorized subcontractors: To provide our services, we share our information with third-party applications. In general, the third-party vendors that we use will only collect, use and disclose your information to the extent necessary to be able to perform the services they provide to us. We only deal with subcontractors who comply with European data protection law. Neither PROMOGLISSE nor any of its subcontractors sells the personal data of users of the Site. The subcontractors are: The host of the O2SWITCH website which implements all security and backup policies concerning data stored on databases The CREDIT AGRICOLE electronic payment terminal which collects payment information during banking transactions (bank card number, expiration date and cryptogram). PROMOGLISSE has previously ensured that its providers have implemented adequate guarantees and that strict conditions of confidentiality, use and data protection are observed. 8. Complaint to the competent authority: If you consider that PROMOGLISSE is not respecting its obligations with regard to your Personal Information, you can submit a complaint or request to the competent authority. In France, the competent authority is the CNIL to which you can send a request electronically by clicking on the following link: https://www.cnil.fr/fr/plaintes/internet.
4. Refusal of cookies: Refusing to place cookies on your terminal will make it impossible to benefit from the correct functioning of our services. Setting up your browser for managing cookies: Depending on the internet browser you are using, the settings are different. Below are detailed tutorials for the most frequently used browsers: - Internet Explorer ™: http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies - Safari ™: https://support.apple.com/kb/PH17191?locale=fr_FR&viewlocale=fr_FR - Chrome ™: http://support.google.com/chrome/bin/answer.py?hl=fr&hlrm=en&answer=95647 - Firefox ™: https://support.mozilla.org/fr/kb/activer-desactiver-cookies - Opera ™: http://help.opera.com/Windows/10.20/fr/cookies.html We cannot guarantee that the above links always remain valid, the editors being sometimes brought to lodge their assistance on pages other than these without notice. For any question relating to the general conditions of sale, do not hesitate to contact us. To print the general conditions of sale, use the Print function of your browser.
Definitions MERCHANT: refers to the company Promoglisse which offers its E-GIFT CARD for sale. PARTICIPANT: refers to a natural person participating financially, in whole or in part, in the purchase of an E-GIFT CARD. INITIATOR: refers to the first PARTICIPANT in the E-GIFT CARD. PERSONAL DATA: refers to the list of names, first names, postal addresses, email addresses of users. E-GIFT CARD: means a prepaid account on the MERCHANT's site. Each E-GIFT CARD is associated with a unique code. This prepaid account is domiciled in the TRADER's usual bank account and constitutes an advance for the benefit of the holder of the GIFT VOUCHER, for any order with the MERCHANT. GIFT VOUCHER: refers to the electronic medium associated with the E-GIFT CARD and on which a unique code appears. BENEFICIARY: refers to the physical person carrying the GIFT VOUCHER. WEBSITE: interface accessible from the Internet and allowing an Internet user to purchase an E-GIFT CARD. 1 - Scope These conditions of sale govern the sale of E-GIFT CARDS and their use. Use of the service implies implicit acceptance of these terms and conditions of use. If you are a minor, you can use the E-GIFT CARD service only with the consent of your parents (or guardians). If one of the conditions of these regulations turns out to be invalid, all of the regulations and the other conditions remain applicable. The MERCHANT reserves the right to make changes to the conditions of these conditions of use. You can read it on the WEBSITE (link in the footers). Any use of the service after modification of the conditions of use implies full and complete acceptance of the Conditions of use in their new version.
2 - General description of the service provided The main function of this service is to allow the purchase of an E-GIFT CARD online. The purchase can be made by one person (simple purchase) or several people (joint gift). The main functions are listed below, in a non-exhaustive way: For the INITIATOR, possibility to select a visual for the GIFT VOUCHER, to write a visible message on the GIFT VOUCHER; Possibility for the INITIATOR to print the GIFT VOUCHER or to transfer it manually to a BENEFICIARY chosen by him or her, to offer relatives to subscribe to the E-GIFT CARD in order to increase the amount; For PARTCIPANTS, possibility of crediting the E-GIFT CARD via various available payment methods, such as bank cards: CB, VISA, MASTERCARD; For the BENEFICIARY, possibility of using the GIFT VOUCHER to make purchases from the MERCHANT. 3 - Personal message recorded by the INITIATOR The INITIATOR has the possibility to write a personal message which will be displayed on the GIFT VOUCHER. The MERCHANT is not responsible for the texts written by the INITIATOR and cannot guarantee their veracity. By adding content or information, you give us your irrevocable consent to use that content to process it for the purposes of the service. The MERCHANT will use any information only in accordance with its policy on respect for privacy. The added content must not: (a) infringe the intellectual property rights of a third party; (b) violate any law applicable in France; (c) be defamatory, insulting or threatening; or (d) be obscene or pedophile. The MERCHANT reserves the right to remove any added personal content, at its sole discretion, with or without notice.
4 - Personal data - Information technology and Freedom The MERCHANT is the owner of all PERSONAL DATA transmitted when using the service. These can be used for commercial purposes. As such, in his capacity as data controller, the MERCHANT undertakes to comply with the legal provisions applicable to the computerized processing of personal data and in particular with the obligations laid down by law n ° 78-17 “Informatique et Liberté”. Any user can thus request the deletion of all his PERSONAL DATA by using the contact link available at the bottom of the SITE page. 5 - Participation on an E-GIFT CARD The INITIATOR has the possibility of asking relatives to come and subscribe to an E-GIFT CARD. To do this, the INITIATOR has a sharing link that he can distribute to relatives via his own mailbox or any other personal means of his choice. The INITIATOR is responsible for disseminating this link and is solely responsible for it. Any visitor accessing the E-CARTE CADEAU contribution page via the sharing link is deemed to have done so at the express request of the INITATOR. Any visitor arriving on the contribution page via the sharing link has the right to participate in the E-GIFT CARD by making a financial contribution via the available payment methods. When the visitor accesses the E-CARTE CADEAU contribution page, the name of the BENEFICIARY is clearly displayed. Any PARTICIPANT is deemed to know the INITIATOR and the BENEFICIARY. Before making a contribution on an E-GIFT CARD, it is the visitor's responsibility to ensure the authenticity of the INITIATOR's request. In case of doubt, the visitor is required to check directly with the INITIATOR. The MERCHANT cannot be held responsible for an error by a PARTICIPANT. Finalization of the GIFT CARD: the sum of the participations is calculated and credited to the GIFT CARD issued accordingly.
6 - Issue and dispatch of the E-GIFT CARD Once the E-GIFT CARD is finalized, it is issued in the form of a GIFT VOUCHER and sent by e-mail to the INITIATOR. The GIFT VOUCHER may not be received in the following cases: The email spam filter blocked the attachment or redirected the message to the “SPAM” or “Junk Mail” folder. The firewall blocked the message or attachment. The email inbox has reached its size limit. Email address is invalid 7 - Transmission of the E-GIFT CARD to a BENEFICIARY When purchasing an E-GIFT CARD, ownership is transferred from the MERCHANT to the INITIATOR at the time of issuance of the GIFT VOUCHER. The INITIATOR is fully responsible for the assignment and transmission of the GIFT VOUCHER to a BENEFICIARY, a third party of his choice. The use of the E-GIFT CARD as payment is based on the use of a code printed on the GIFT VOUCHER. The OFFICER must keep the code and the GIFT VOUCHER secret. The MERCHANT cannot be held responsible in the event of a BENEFICIARY error, loss of the medium with his code, or fraudulent use of this code. Also, as soon as the INITIATOR transfers the E-GIFT CARD to a BENEFICIARY, the latter is assumed to accept as of right the transfer and the conditions of sale of the E-GIFT CARD which are specified on the support.
8 - Period of validity of the E-GIFT CARD The E-GIFT CARD is valid for 365 days. Beyond this period, the expired E-GIFT CARDS are closed and the unused balance is lost. The GIFT VOUCHER shows the expiration date. 9 - Use of the E-GIFT CARD by a BENEFICIARY The use of the E-GIFT CARD as a payment voucher is based on the use of a code printed on the corresponding GIFT VOUCHER. The BENEFICIARY undertakes to take all appropriate measures to ensure the security and confidentiality of this code. The MERCHANT cannot be held responsible in the event of loss of the medium with his code, or of the fraudulent use of this code. In the event of loss of the electronic medium of the GIFT VOUCHER, the BENEFICIARY must contact the INITIATOR in order to obtain a new electronic copy. If the INITIATOR has himself lost the electronic medium (following the deletion, for example, of the electronic message containing it), the INITIATOR may receive an electronic copy by making a request via the contact link present in the SITE footer. In this case, the electronic copy will be returned to the email address of the INITATOR that was initially used for the purchase. In any case, it is not possible to obtain a reissue of the GIFT VOUCHER, that is to say a new code. The General Conditions of Sale defined by the MERCHANT and the associated guarantees apply as of right to purchases made using the balance available on the E-GIFT CARD. Also: The E-GIFT CARD can be used on the entire MERCHANT website In case of insufficient balance of the E-GIFT CARD to cover an online order, an additional payment is requested on the fly in order to finalize the order. The E-GIFT CARD can be used at one time. If after an order, a remainder remains on the E-GIFT CARD, this remainder is lost. If after an order paid online with an E-GIFT CARD, the items are returned or the order is canceled, the E-GIFT CARD used for payment will be re-credited and can then be used for a new purchase.
10 - Cancellation and refund of an E-GIFT CARD GIFT VOUCHERS cannot be refunded, resold, transferred for consideration or exchanged for cash. 11 - Violation of these regulations - suspension of service We may refuse to provide our services to you for any of the following reasons: a violation of these rules, we believe that your actions may result in financial loss for us or cause any prejudice to us or a third party, modifications are in progress on the SITE which render it temporarily unusable. 12 - Prices The amounts of E-GIFT CARDS available for purchase are displayed on the SITE. Each participation is fully allocated to the balance of the E-GIFT CARD, at no additional cost.
13 - Limits of guarantees The MERCHANT cannot guarantee the uninterrupted operation of the Service and cannot be responsible for the unavailability, suspensions or malfunctions of the Service, in particular during its maintenance, its update or in the event of a problem due to the Internet network. The MERCHANT implements state-of-the-art means intended to prevent any fraudulent modification of the E-GIFT CARD. However, users recognize that the MERCHANT cannot be held responsible, except in the event of proven gross negligence, for damage resulting from: 1/fraudulent intrusions or alterations carried out by unauthorized third parties in the service, 2/unusually long response times or slow service operation; 3/loss, deterioration or accidental destruction of the data constituting the E-GIFT CARD or e-mails exchanged between the Users and the MERCHANT, including the possible costs of recovery, reproduction