With the aim of respecting the privacy of users of its website www.girbaud.com is committed to treating their personal data in the strictest confidence and in full compliance with the new European and French regulations in force.
This Protection Charter is intended to inform users in a transparent manner of the personal data collection methods used by WE CARE ABOUT, the use of the data thus collected, the security procedures implemented and the rights available to users.
The present Charter is valid for all the pages hosted on the site and for the recordings of this site. It is not valid for pages hosted by third parties to which WE CARE ABOUT may refer, whose content WE CARE ABOUT is not responsible for and whose privacy policies may differ. WE CARE ABOUT cannot therefore be held responsible for any data processed on or by these sites.
1. IDENTIFICATION OF THE CONTROLLER
WE CARE ABOUT is the data controller and therefore, as such, assumes responsibility for the collection and management of its users' personal data in accordance with the provisions of Regulation (EU) No. 2016/679 of 27 April 2016 on the protection of personal data.
2. THE DIFFERENT CATEGORIES OF COLLECTION OF PERSONAL DATA
The compulsory nature of the data requires the user to accept the collection of his or her data to enable WE CARE ABOUTto provide its services. On the site, in the data collection forms, the user is informed of the mandatory nature of the collection.
The collection of personal data may be optional. In this case, the user's consent becomes mandatory. In the absence of consent, WE CARE ABOUT may not use the user's data outside the performance of its services as described below.
WE CARE ABOUT may also, in accordance with the law, have a legitimate interest in collecting data. In this case, consent is not required.
3. THE PURPOSES OF THE COLLECTION
3.1 - Collection is optional for all marketing and advertising operations implemented by WE CARE ABOUT, in particular, newsletters, promotional or commercial offers targeted by email, telephone, on social networks or other media, for offers from its commercial partners, smartphone geolocation, contests, and the provision of sharing tools on social networks.
3.2 - Except in the case of the user's express refusal to be the subject of prospecting messages, WE CARE ABOUT has a legitimate interest in collecting data without consent for the following purposes
For recordings by telephone or chat of exchanges between the customer service and the user for the purpose of improving the service and for the constitution of evidence in the event of litigation;
For the management of user satisfaction (opinions on products);
To carry out statistical, analysis and segmentation operations with the aim of improving knowledge of users;
To analyse, adapt and improve the content of the Site;
To allow the User to receive messages;
To facilitate the provision and use of the Site;
To personalise the User's experience on the Site;
To respond to requests for information;
To inform about the development of the Site and its features;
The user always has the possibility of unsubscribing or objecting by following the procedure indicated for this purpose below in Article XI, with the "DPO" or via the link mentioned in the newsletter,
4. THE DIFFERENT CATEGORIES OF PERSONAL DATA COLLECTED
Mandatory or optional, WE CARE ABOUT may collect the following data from the user:
Identification data (last name, first name, title of civility, e-mail address, date of birth and delivery address of products and services offered by WE CARE ABOUT);
Communications (by email or otherwise);
The IP address assigned to the user;
Location data or other data related to the communication;
5. THE DIFFERENT COLLECTION METHODS USED
The data can be collected either through the active intervention of the user or automatically.
Data is collected through active intervention by the user when he/she makes a purchase, manages his/her order, orders a delivery, registers for the newsletter, registers his/her warranty, calls for after-sales service and thus transmits his/her identification data.
Other data, such as the date and time of access to the Site, the pages consulted or location data, are collected automatically, through the servers consulted and the "cookies" placed on the site according to the procedure described below in Article 9.
All information relating to "cookies" is indicated below.
ARTICLE 6: RIGHT OF WITHDRAWAL
6.1. CONDITIONS FOR EXERCISING THE RIGHT OF WITHDRAWAL
⇒ Time limit:
In accordance with the provisions of Article L. 121-21 of the Consumer Code, the Customer has a period of 14 calendar days to exercise his right of withdrawal, without needing to give any reason. This period begins the day after the order is received.
In the case of an order for several goods delivered separately or in the case of an order for a good consisting of multiple lots or parts, the delivery of which is staggered over a defined period, the period shall run from the receipt of the last good or lot or part.
For contracts providing for regular delivery of goods over a defined period of time, the period shall run from the receipt of the first good.
⇒ Exercising the right of withdrawal :
In order to exercise the right of withdrawal, the Customer shall inform WE CARE ABOUT of its decision by sending, before the expiry of the aforementioned 14-day period, the standard withdrawal form provided for this purpose, which will have been sent to the Customer with the order validation email (and reproduced in the appendix to these GTC), or any other unambiguous statement expressing its desire to withdraw.
⇒ Loss of the right of withdrawal :
Pursuant to Article L 121-21-8 of the Consumer Code, it is recalled that the right of withdrawal cannot be used for contracts:
1° For the supply of services fully performed before the end of the withdrawal period and whose performance has begun after the consumer's express prior agreement and express waiver of his right of withdrawal;
2. The supply of goods or services whose price depends on fluctuations in the financial market beyond the trader's control and which may occur during the withdrawal period
3. The supply of goods made to the consumer's specifications or clearly personalised;
4. The supply of goods which are likely to deteriorate or expire rapidly
5. The supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection
6. The supply of goods which, after delivery and by their nature, are inseparably mixed with other articles
7. The supply of alcoholic beverages the delivery of which is deferred for more than thirty days and the value of which agreed at the conclusion of the contract depends on fluctuations in the market which are beyond the control of the trader
8. Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by the consumer, within the limits of spare parts and work strictly necessary to meet the emergency
9. The supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery
10. The supply of a newspaper, periodical or magazine, except for contracts for subscriptions to such publications
11° Concluded at a public auction;
12° The provision of accommodation services, other than residential accommodation, transport services, car rental, catering or leisure activities that must be provided on a specific date or at a specific time;
13. The supply of digital content not provided on a tangible medium, the performance of which has begun after the consumer has given his prior express consent and expressly waived his right of withdrawal.
ARTICLE 7: CLAIMS / COMPLAINTS ABOUT THE ORDER
If upon unpacking the products and within 24 calendar months from receipt of the products, the Customer discovers that a product does not conform to the order or the product sheet (e.g. error on the product, model, colour, other) WE CARE ABOUT undertakes to replace it or to reimburse the Customer for the totality of his expenses as soon as the defect is observed and confirmed.
To do so, the Customer shall contact WE CARE ABOUT Customer Service to make the claim and follow the procedure given.
Upon receipt of the returned product and the finding of the non-conformity or damage reported by the Customer, WE CARE ABOUT may at its sole discretion
- Either send a new product to the Customer, without additional costs,
- Or proceed with the refund of the sums paid for the purchase of this product.
Any other potential defect during the "life" of the product shall be assessed in the context of the recourse to after-sales service.
ARTICLE 8: SERVICE AFTER SALES / CUSTOMER SERVICE
Apart from the commercial or legal warranty, the Customer may always contact WE CARE ABOUT Customer Service to answer questions regarding the use of a product, its maintenance procedures or the ordering of a defective part.
ARTICLE 9: INTELLECTUAL PROPERTY
All elements of the girbaud.com website, whether visual or audio, including the brand, logo, texts, photos, videos and domain name, are protected by copyright, trademark or patent law. The Editor of the girbaud.com website is the holder of an exclusive licence and exploitation contract granted by their owner. As such, and in accordance with the provisions of the Intellectual Property Code, only use for private use is authorised, subject to different, even more restrictive provisions of the Intellectual Property Code.
Any total or partial reproduction of the girbaud.com website or of any of its audio, visual or text content is strictly prohibited without prior express written consent.
ARTICLE 10: LIABILITY
For all stages of access to the site, the ordering process, delivery, customer service or subsequent services, WE CARE ABOUT only has an obligation of means. Consequently, WE CARE ABOUT shall not be liable for any inconvenience or damage inherent to the use of the Internet network, in particular a break in service, external intrusion or the presence of computer viruses, or any event qualified as force majeure, in accordance with case law.
In addition, WE CARE ABOUT shall not be held liable in the event that the order is not completed or if it is prevented from fulfilling any of its obligations due to a case of force majeure as defined by case law, and in particular in the event of bad weather preventing the delivery of the order.
ARTICLE 11: INTEGRITY
In the event that one of the clauses of this contract is declared null and void by a change in legislation or regulations or by a court decision, this shall in no way affect the validity of and compliance with all the other provisions of these General Terms of Sale.
ARTICLE 12: DURATION
These GTC (The General Terms & Conditions of sales) apply for the entire duration of the online services and products offered by WE CARE ABOUT.
ARTICLE 13: EVIDENCE
The computerized registers, kept in the computer systems of WE CARE ABOUT and its partners under reasonable security conditions, will be considered as proof of communications, orders and payments between the Parties.
ARTICLE 14 : PRESERVATION AND ARCHIVING OF TRANSACTIONS
Order forms and invoices are archived on a reliable and durable medium so as to correspond to a faithful and durable copy in accordance with Article 1348 of the Civil Code.
ARTICLE 15: DISPUTES
These conditions are subject to French law.
In the event of a dispute, WE CARE ABOUT and the Client shall attempt to resolve the dispute amicably, either through a conventional mediation procedure or any other alternative dispute resolution method. The Customer is informed that he/she may in any case resort to conventional mediation, before any legal action, to seek an amicable solution with WE CARE ABOUT, by resorting to the CMAP (Centre de Médiation et d'Arbitrage de Paris - 39 Avenue Franklin D. Roosevelt, 75008, Paris), the Consumer Mediator to which WE CARE ABOUT belongs.
To submit a dispute to the Mediator, the Customer can fill in the form on the CMAP website: www.cmap.fr, tab "you are a consumer" or send an e-mail to the following address: email@example.com. In order for the CMAP to deal with the Customer's request effectively, the Customer must specify his contact details, the difficulties encountered and the steps taken with WE CARE ABOUT to resolve the matter.
In case of failure of the transaction, only the French courts will be competent.
ARTICLE 16: DATA PROTECTION PROVISIONS
In accordance with the provisions of Law No. 78-17 of January 6, 1978, known as the "Data Protection Act" relating to information technology, files and freedoms, the automated processing of personal data from the girbaud.com website has been declared to the Commission Nationale de l'Informatique et des Libertés (CNIL). The collection of your personal data is mandatory for the management of your purchases and the follow-up of your orders. Your personal data is intended for WE CARE ABOUT and all of its partners in charge of managing your orders and deliveries and the administrative authorities concerned.
Subject to your consent, the collection of your personal data may also allow you to receive our newsletters, promotional or commercial offers from the site girbaud.com or its business partners.
Any person has a permanent right to access, modify, rectify and delete personal data concerning him or her in accordance with Articles 39 and 40 of the French law "Informatique et Libertés" n°78-17 of January 6, 1978. To exercise this right, send a letter to the following address: 103 rue de la Boétie 75008 Paris
Security of your personal data
WE CARE ABOUT undertakes to comply with the provisions of the French Data Protection Act of 6 January 1978.
WE CARE ABOUT ensures optimal security measures against the loss, misuse and alteration of information entrusted to it by Internet users. All data received on the girbaud.com website is saved daily and stored on a backup medium.
During the consultation of the Website, navigation cookies may be implanted in the visitor's computer and record information relating to the navigation of the visitor's computer on the Website such as the pages consulted, the date and time of consultation, etc. A passing banner of information is then displayed and allows the visitor to oppose it. At any time, the visitor has the possibility to deactivate any installation of cookies by adapting the configuration of his Internet browser accordingly.
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The data generated by the cookies concerning the use of the website by the user (including the IP address of the connection) will be transmitted and stored by Google Inc. on servers located in the United States. This data will be used to evaluate the use of the Site, to compile reports on the activity of the Site for the Company WE CARE ABOUT and to provide other services relating to the activity of the Site and the use of the Internet network.