Terms of sale

Definitions

Customer: any professional or natural person with legal capacity within the meaning of Articles 1123 et seq. of the Civil Code, or any legal entity, who visits the Website to which these general terms and conditions apply.

Services : https://cartesauxpommes.fr/ provides Clients with:

Content : All elements constituting the information present on the Website, in particular text, images and videos.

Customer information : Hereinafter referred to as “Information”, this refers to all personal data that may be held by https://cartesauxpommes.fr/ for the management of your account, customer relations, and for analytical and statistical purposes.

User : An internet user who logs in to and uses the aforementioned website.

Personal data : “Information which, in any form whatsoever, directly or indirectly, enables the identification of the natural persons to whom it relates” (Article 4 of Law No. 78-17 of 6 January 1978).

The terms “personal data”, “data subject”, “processor” and “sensitive data” have the meanings defined by the General Data Protection Regulation (GDPR: No. 2016-679).

1. Introduction.

Pursuant to Article 6 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, users of the website https://cartesauxpommes.fr/ are hereby informed of the identities of the various parties involved in the creation and management of the site:

Owner: Cartes aux pommes – 112 boulevard Jacques Cartier, 35000 Rennes

Publication manager: Cartes aux pommes – Cartesauxpommes.contact@gmail.com. 

Website design and photo credits: Cartes aux pommes – Cartesauxpommes.contact@gmail.com

Host: Infomaniak – 25 rue Eugène-Marziano, 1227 Geneva - 0228203544

Data Protection Officer: Shopify – assistance@shopify.com

2. Terms and Conditions of Use.

The Website constitutes an intellectual work protected by the provisions of the Intellectual Property Code and applicable international regulations. The Customer may not, under any circumstances, reuse, transfer or exploit for their own benefit all or part of the elements or works contained on the Website.

Use of the website https://cartesauxpommes.fr/ implies full and unconditional acceptance of the general terms and conditions of use set out below. These terms and conditions of use may be amended or supplemented at any time; users of the website https://cartesauxpommes.fr/ are therefore invited to consult them regularly.

This website is normally accessible to users at all times. However, https://cartesauxpommes.fr/ may decide to interrupt access for technical maintenance purposes, in which case it will endeavour to notify users in advance of the dates and times of such maintenance. The website https://cartesauxpommes.fr/ is updated regularly by https://cartesauxpommes.fr/. Similarly, the legal notices may be amended at any time: they are nevertheless binding on the user, who is invited to refer to them as often as possible in order to take note of them.

3. Description of the services provided.

The purpose of the website https://cartesauxpommes.fr/ is to provide information regarding all of the company’s activities. https://cartesauxpommes.fr/ endeavours to provide information on the website https://cartesauxpommes.fr/ that is as accurate as possible. However, it cannot be held liable for omissions, inaccuracies or failures to update, whether caused by itself or by third-party partners who provide this information.

All information provided on the website https://cartesauxpommes.fr/ is given for information purposes only and is subject to change. Furthermore, the information appearing on the website https://cartesauxpommes.fr/ is not exhaustive. It is provided subject to any changes made since it was published online.

3.1 Order Confirmation

You confirm that you have read and accepted these Terms and Conditions of Sale prior to confirming your order. Confirmation of your order therefore constitutes acceptance of these Terms and Conditions of Sale.

Your order is confirmed upon receipt of payment.

Cartes aux pommes reserves the right not to confirm an order for any reason whatsoever, including, in particular, either a product supply issue or a problem relating to the order received. We recommend that the Customer keeps a paper copy or a reliable digital record of the order details. The Customer must check that the information provided on https://cartesauxpommes.fr/ is complete and accurate. The website cannot be held liable for any data entry errors or the resulting delays or delivery errors. In such cases, all costs incurred for reshipment shall be borne by the Customer.

3.2 Payment

Payment for your purchases can be made by credit card (VISA, Mastercard, American Express) or via PayPal.

Cartes aux pommes reserves the right to suspend the processing of any order and any delivery in the event that payment is not authorised by the relevant accredited bodies or in the event of non-payment. In particular, Cartes aux pommes reserves the right to refuse to make a delivery and to fulfil an order from a Customer who has not paid for a previous order in full or in part, or with whom a dispute is currently being resolved.

3.3 Prices

Product prices are quoted in euros, inclusive of all taxes, excluding delivery charges, which are invoiced as an additional charge and shown before the order is confirmed. The prices applied are those shown on the website at the time of ordering. After this date, they are subject to change at any time. Full payment must be made at the time of ordering.

4. Contractual limitations regarding technical data.

The website uses JavaScript technology. The website cannot be held liable for any material damage resulting from the use of the website. Furthermore, users of the website undertake to access the website using up-to-date hardware that is free from viruses and a recently updated, latest-generation browser. The website https://cartesauxpommes.fr/ is hosted by a service provider within the European Union in accordance with the provisions of the General Data Protection Regulation (GDPR: No. 2016-679).

The aim is to provide a service that ensures the highest level of accessibility. The hosting provider ensures the continuity of its service 24 hours a day, every day of the year. It nevertheless reserves the right to interrupt the hosting service for the shortest possible periods, in particular for maintenance purposes, to improve its infrastructure, in the event of infrastructure failure, or if the Services generate traffic deemed abnormal.

https://cartesauxpommes.fr/ and the hosting provider shall not be held liable in the event of a malfunction of the internet network, telephone lines or IT and telephony equipment, in particular due to network congestion preventing access to the server.

5. Intellectual property and infringement.

https://cartesauxpommes.fr/ owns the intellectual property rights and holds the rights to use all elements accessible on the website, including text, images, graphics, logos, videos, icons and sounds. Any reproduction, representation, modification, publication or adaptation of all or part of the elements of the website, by any means or process whatsoever, is prohibited without the prior written authorisation of: https://cartesauxpommes.fr/.

Any unauthorised use of the website or any of the elements it contains shall be deemed to constitute an infringement and shall be prosecuted in accordance with the provisions of Articles L.335-2 et seq. of the Intellectual Property Code.

6. Limitations of liability.

https://cartesauxpommes.fr/ acts as the website publisher. https://cartesauxpommes.fr/ is responsible for the quality and accuracy of the content published.

https://cartesauxpommes.fr/ cannot be held liable for any direct or indirect damage caused to the user’s equipment whilst accessing the https://cartesauxpommes.fr/ website, resulting either from the use of equipment that does not meet the specifications set out in point 4, or from the occurrence of a bug or incompatibility.

https://cartesauxpommes.fr/ shall also not be held liable for any indirect damage (such as, for example, loss of business or loss of opportunity) resulting from the use of the https://cartesauxpommes.fr/ website. Interactive features (such as the ability to ask questions via the contact section) are available to users. https://cartesauxpommes.fr/ reserves the right to remove, without prior notice, any content posted in this area that contravenes the legislation applicable in France, in particular the provisions relating to data protection. Where applicable, https://cartesauxpommes.fr/ also reserves the right to hold the user liable under civil and/or criminal law, particularly in the event of messages of a racist, abusive, defamatory or pornographic nature, regardless of the medium used (text, photograph, etc.).

7. Management of personal data.

The Customer is informed of the regulations concerning marketing communications, the Law of 21 June 2014 on confidence in the digital economy, the Data Protection Act of 6 August 2004, and the General Data Protection Regulation (GDPR: No. 2016-679).

7.1 Data controllers

For Personal Data collected in connection with the creation of the User’s personal account and their browsing of the Website, the data controller is: Cartes aux pommes. https://cartesauxpommes.fr/ is represented by Foulon, its legal representative.

As the data controller for the data it collects, https://cartesauxpommes.fr/ undertakes to comply with the applicable legal framework. In particular, it is the responsibility of the Customer to establish the purposes of its data processing, to provide its prospects and customers, following the collection of their consent, with comprehensive information on the processing of their personal data, and to maintain a record of processing activities that accurately reflects the reality. Whenever https://cartesauxpommes.fr/ processes Personal Data, https://cartesauxpommes.fr/ takes all reasonable measures to ensure the accuracy and relevance of the Personal Data in relation to the purposes for which https://cartesauxpommes.fr/ processes it.

7.2 Purpose of the data collected

https://cartesauxpommes.fr/ may process all or part of the data:

to enable navigation on the Website and the management and tracking of the products and services ordered by the User: connection and usage data for the Website, billing, order history, etc.
to prevent and combat cyber fraud (spamming, hacking, etc.): computer equipment used for browsing, IP address, password (hashed)
to improve navigation on the Website: connection and usage data
to conduct optional satisfaction surveys on https://cartesauxpommes.fr/: email address
to run communication campaigns via the newsletter: email address

https://cartesauxpommes.fr/ does not sell your personal data, which is therefore used only where necessary or for statistical and analytical purposes.

7.3 Right of access, rectification and objection

In accordance with current European regulations, users of https://cartesauxpommes.fr/ have the following rights:

the right of access (Article 15 of the GDPR) and rectification (Article 16 of the GDPR), as well as the right to have their personal data updated and made complete
the right to block or erase Users’ personal data (Article 17 of the GDPR), where such data is inaccurate, incomplete, ambiguous, out of date, or where its collection, use, disclosure or storage is prohibited
the right to withdraw consent at any time (Article 13(2)(c) of the GDPR)
the right to restrict the processing of Users’ data (Article 18 of the GDPR)
the right to object to the processing of Users’ data (Article 21 of the GDPR)
the right to data portability regarding data provided by Users, where such data is subject to automated processing based on their consent or on a contract (Article 20 GDPR)
the right to determine the fate of Users’ data after their death and to choose to whom https://cartesauxpommes.fr/ must (or must not) disclose their data to a third party whom they have previously designated.

If the User wishes to find out how https://cartesauxpommes.fr/ uses their Personal Data, request that it be corrected, or object to its processing, the User may contact https://cartesauxpommes.fr/ in writing at the following address:

cartesauxpommes.contact@gmail.com

In this case, the User must specify the Personal Data they would like https://cartesauxpommes.fr/ to correct, update or delete, providing clear proof of identity with a copy of an identity document (ID card or passport).

Requests for the deletion of Personal Data will be subject to the obligations imposed on https://cartesauxpommes.fr/ by law, in particular regarding the retention or archiving of documents. Finally, Users of https://cartesauxpommes.fr/ may lodge a complaint with the supervisory authorities, in particular the CNIL (https://www.cnil.fr/fr/plaintes).

7.4 Non-disclosure of personal data

Https://cartesauxpommes.fr/ undertakes to take all necessary precautions to safeguard the security of the Information and, in particular, to ensure that it is not disclosed to unauthorised persons. However, if an incident affecting the integrity or confidentiality of the Customer’s Information is brought to the attention of https://cartesauxpommes.fr/, the latter must inform the Customer as soon as possible and notify them of the corrective measures taken. Furthermore, https://cartesauxpommes.fr/ does not collect any ‘sensitive data’.

7.5 Types of data collected

With regard to users of the https://cartesauxpommes.fr/ website, we collect the following data, which is essential for the operation of the service and will be retained for a maximum period of one month following the end of the contractual relationship:

First name and surname
Delivery and billing address
Email address
Credit card or PayPal payment details

8. Incident notification.

Regardless of the efforts made, no method of transmission over the internet and no method of electronic storage is completely secure. We cannot therefore guarantee absolute security. Should we become aware of a security breach, we will notify the users concerned so that they may take appropriate measures. Our incident notification procedures take into account our legal obligations, whether at national or European level. We are committed to keeping our customers fully informed of all matters relating to the security of their accounts and to providing them with all the information necessary to help them meet their own regulatory reporting obligations.

No personal information relating to users of the website https://cartesauxpommes.fr/ is published without the user’s knowledge, exchanged, transferred, assigned or sold in any form whatsoever to third parties. Only in the event of the acquisition of https://cartesauxpommes.fr/ and its rights would the transmission of such information to the prospective purchaser be permitted; the purchaser would in turn be bound by the same obligation regarding the retention and modification of data vis-à-vis users of the https://cartesauxpommes.fr/ website.

8.1 Security

To ensure the security and confidentiality of Personal Data and Health Personal Data, https://cartesauxpommes.fr/ uses networks protected by standard measures such as firewalls, pseudonymisation, encryption and passwords.

When processing Personal Data, https://cartesauxpommes.fr/ takes all reasonable measures to protect it against loss, misuse, unauthorised access, disclosure, alteration or destruction.

9. Hyperlinks, cookies and web beacons.

The https://cartesauxpommes.fr/ website contains a number of hyperlinks to other websites, set up with the permission of https://cartesauxpommes.fr/. However, https://cartesauxpommes.fr/ is unable to verify the content of the websites visited in this way and therefore accepts no liability in this regard.

Unless you choose to disable cookies, you agree that the website may use them. You may disable these cookies at any time, free of charge, using the disabling options provided and outlined below, bearing in mind that this may reduce or prevent access to all or part of the Services offered by the website.

9.1. “COOKIES”

A “cookie” is a small text file sent to the User’s browser and stored on the User’s device (e.g. computer, smartphone) (hereinafter “Cookies”). This file contains information such as the User’s domain name, the User’s internet service provider, the User’s operating system, as well as the date and time of access. Cookies do not in any way pose a risk of damaging the User’s device.

https://cartesauxpommes.fr/ may process information relating to the User’s visit to the Website, such as the pages viewed and searches carried out. This information enables https://cartesauxpommes.fr/ to improve the Website’s content and the User’s browsing experience.

As cookies facilitate navigation and/or the provision of the services offered by the Website, the User may configure their browser to allow them to decide whether or not to accept cookies, so that cookies are stored on their device or, alternatively, are rejected, either systematically or depending on the issuer. The User may also configure their browser software so that they are asked to accept or refuse Cookies on a case-by-case basis, before a Cookie is likely to be stored on their device. https://cartesauxpommes.fr/ informs the User that, in this case, not all features of their browser software may be available.

If the User refuses to allow cookies to be stored on their device or in their browser, or if the User deletes those that are stored there, the User is informed that their browsing and experience on the Website may be limited. This may also be the case where https://cartesauxpommes.fr/ or one of its service providers is unable, for technical compatibility reasons, to recognise the type of browser used by the device, the language and display settings, or the country from which the device appears to be connected to the internet.

Where applicable, https://cartesauxpommes.fr/ accepts no liability for any consequences arising from the impaired functioning of the Website and any services offered by https://cartesauxpommes.fr/, resulting from (i) the User’s refusal of cookies or (ii) https://cartesauxpommes.fr/’s inability to store or access the Cookies necessary for their operation due to the User’s choice. The settings for managing Cookies and the User’s preferences vary from browser to browser. These are described in the browser’s help menu, which will explain how the User can change their Cookie preferences.

At any time, the User may choose to express and modify their preferences regarding Cookies. https://cartesauxpommes.fr/ may also use the services of external providers to assist in collecting and processing the information described in this section.

Finally, by clicking on the icons for the social media platforms Twitter, Facebook, LinkedIn and Google Plus featured on the https://cartesauxpommes.fr/ website or in its mobile app, and provided the User has accepted the use of cookies by continuing to browse the https://cartesauxpommes.fr/ website or mobile app, Twitter, Facebook, LinkedIn and Google Plus may also place cookies on your devices (computer, tablet, mobile phone).

These types of cookies are only placed on your devices provided you consent to them by continuing to browse the https://cartesauxpommes.fr/ website or mobile app. However, the User may withdraw their consent for https://cartesauxpommes.fr/ to place this type of cookie at any time.

9.2. WEB BEACONS

https://cartesauxpommes.fr/ may occasionally use web beacons (also known as ‘tags’, or action tags, single-pixel GIFs, transparent GIFs, invisible GIFs and one-to-one GIFs) and deploy them via a specialist web analytics partner who may be located (and therefore store the corresponding information, including the User’s IP address) in a foreign country.

These tags are placed both in the online advertisements that allow internet users to access the Site and on the various pages of the Site.

This technology enables https://cartesauxpommes.fr/ to assess visitors’ responses to the Site and the effectiveness of its actions (for example, the number of times a page is opened and the information viewed), as well as the User’s use of this Site.

The external service provider may collect information about visitors to the Site and other websites using these tags, compile reports on the Site’s activity for https://cartesauxpommes.fr/, and provide other services relating to the use of the Site and the internet.

10. Governing law and jurisdiction.

Any dispute arising from the use of the website https://cartesauxpommes.fr/ shall be governed by French law. Except where prohibited by law, exclusive jurisdiction is hereby conferred on the competent courts of Rennes.

For online dispute resolution through amicable means: https://entreprendre.service-public.fr

Translated with DeepL.com