TERMS AND CONDITIONS OF USE OF THE GIPSY WEBSITE
1. INFORMATION ABOUT THE COMPANIES OPERATING THE WEBSITE
The gipsytoys.com website can be visited via the URL www.gipsytoys.com and published by GIPSY, a simplified joint stock company with a capital of € 40,000, whose registered office is located at 350 Bd Clément ADER 14 123 IFS, registered with the RCS of Caen under the number 324 310 473 (hereinafter to as the "Company").
The terms and conditions of use of the Website (hereinafter referred to as the “GTU") govern the relationship between the Company and any individual visiting the Site (hereinafter referred to as the "User").
Any User of the Site in this respect is assumed to have read the GTU and explicitly declares that he/she accepts the present GTUs when using the Site without any reservations.
The applicable GCUs are those in force on the day the User browses the Site and/or the User places an order via the Site.
The publisher's contact details are:
- E-mail: gipsy@gipsytoys.com
- Tel.: +33 (0)2 31 35 81 81
The director of the publication is Mr. Callahan.
The Site is hosted by OVH, a simplified share company with a capital of € 10,174,560, enrolled with the Trade and Companies Register of Lille under the number RCS 424 761 419, whose registered office is located at 2, rue Kellermann - 59100 Roubaix with VAT Reg. No.: FR 22 424 761 419.
2. INTELLECTUAL PROPERTY
The Site and all intellectual property rights attached to will remain the exclusive property of the Company unless stated otherwise.
Any reproduction, representation or distribution of all or part of the Site, by any means whatsoever, and on any medium whatsoever, without the prior, written and explicit authorisation of the Company is formally prohibited and liable to prosecution with the sole exception of the provisions stated under Article L. 122-5 of the Intellectual Property Code and in particular for any personal, private, individual and non-transferable rights of use of all or of part of the Site.
Any unauthorised link must be removed upon request by the Company with immediate effect.
3. PERSONAL INFORMATION
The requirement to provide the User's personal data forms part of the agreement and conditions when entering into the sales contract. This information is only used within the context of your contractual relationship with the Company and is limited to any data specifically required for your order.
The User will ensure the accuracy of any data he/she provides on the Site.
The data controller is Sandra Callahan, General Manager (contact@gipsytoys.com).
The Company agrees to collect and use any personal data belonging to Users of the Site in strict compliance with French and European regulations on the protection of personal data, and in particular with the French Data Protection Act no. 78-17 dated 6th January, 1978 and the General Data Protection Regulation No. 2016/679 dated 27th April, 2016 (known as the “GDPR").
The Company collects the personal data of any User who places an order on the Site for the following purposes:
- Order confirmation;
- Payment of the price;
- Delivery of products/provision of services
- Communication of commercial and/or promotional information.
The data collected in this context is only that required for processing the order and may be communicated either in whole or in part to the Company's contractual partners and other recipients of the data who are involved closely in processing the order.
The User's banking details in this respect are processed by the MONETICO service of the BANQUE CIC. CIC BANQUE shall collect and process the User's personal information for the purpose of processing the order.
Mandatory information fields are indicated on the site by an * or by a equivalent symbol.
The Company may request additional optional information from the User for marketing purposes. The User is free to accept or refuse to respond to any such requests for additional information
The Company may also collect any information provided by the User to:
• Create a customer account (without placing an order),
• Contact the Company's customer service department,
• Subscribe to an advertising information list.
The Company will require the User's prior consent to processing of his/her personal data in situations where is not required for the sales contract to be honoured.
Finally, the Company collects the User's information through the use of cookies under the conditions specified below in article 3.
The Company will only disclose any personal information to third parties if the User has given his/her prior consent, or if the Company is required to do so by law or during legal proceedings.
The data will be kept for no longer than is necessary for the purposes for which they are collected and processed, i.e. three (3) years.
4. BUYER'S RIGHTS REGARDING PERSONAL DATA
The User has the right to information, to access, rectify and delete any personal information concerning him/her, the right to object and the right to restrict any processing if necessary, as well as the right to portability of his/her data in accordance with the French Data Protection Act dated 6th January, 1978 and the GDPR, which he/she can exercise at any time by writing to:
- By e-mail, to the following address: contact@gipsytoys.com
- Or by post, to the following address: GIPSY – Service Données Personnelles – 350 Boulevard Clément Ader – 14123 IFS.
The User may request the withdrawal of his/her consent at any time, and in the manner provided for above, without affecting the legal grounds for processing based on consent carried out prior to the withdrawal thereof when the processing is based on the User's consent.
The User has the right to lodge any complaint with the Commission Nationale Informatique et Libertés ("CNIL”) should he/she experience any difficulties.
5. COOKIES
The Company uses cookies under the following conditions:
• Cookies which are strictly required for navigation on the site,
• Cookies allow the elements which open on the site to be memorised in the form of windows (or other) and which you have already viewed during a previous visit,
• Cookies are used to adapt the presentation of the site to the display preferences set on the terminal,
• Cookies allow visitor statistics to be compiled,
• Cookies are used to evaluate the general use of the website by Internet users.
• Cookies from external services such as Youtube or Google reCAPTCHA
The User may change the cookies or reset his/her browser at any time to specify which cookies are placed on his/her computer and whether he/she accepts them or not.
People should be reminded however that the setting is likely to modify the conditions of access of the User for services of the Company requiring the use of cookies.
6. LIABILITY - TECHNICAL ISSUES
The Company shall not be held liable for any difficulties when accessing the Site or when it is not temporarily possible to access the Site due to disruptions in the telecommunications network or due to other technical difficulties.
The Company however does agree to inform the User of any modification or interruption of the services available on the Site as regularly as possible.
Any material is downloaded at the User's own risk. The User remains solely responsible for any damage resulting from this download.
The Site may include links to other websites which are not operated by the Company (including Facebook and Instagram).
The Company shall not be held liable for (i) the provision of these links and (ii) the content of websites proposing hypertext links to the Site or external websites to which a hypertext link is proposed on the Site.
The User is explicitly informed that any photographs and illustrations on the Site are only indicative and do not in any way bind the Company contractually.
7. DISPUTES - MEDIATION - APPLICABLE LAW
The orders of Products on the Site and the present GTUs are subject to French law.
Any dispute relating to the application of these GTUs will be submitted to the competent French courts should an agreement not be in place.
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