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Terms and conditions of use

ARTICLE 1. LEGAL INFORMATION

Pursuant to Article 6 of Law No. 2004-575 of June 21, 2004 on confidence in the digital economy, this article specifies the identity of the various parties involved in its implementation and monitoring.

The www.francofil.fr website is published by :

SAS Francofil, whose registered office is located at the following address: 87 route Guy de Maupassant 76110 Manneville la Goupil, and registered with the Le Havre Trade and Companies Register under number 829 454 313 and whose intra-community VAT number is FR29 829 454 313.

Telephone: 06 07 68 79 22 / E-mail address: contact@francofil.fr.

The site's publication director is: Mr Florent Port.

The www.francofil.fr website is hosted by :

02SWITCH, whose head office is located at the following address

222 - 224 Boulevard Gustave Flaubert - 63000 Clermont Ferrand - France


ARTICLE 2. PRESENTATION OF THE SITE

The purpose of the www.francofil.fr website is :

- to present the products offered by Francofil
- to sell products offered by Francofil


ARTICLE 3. CONTACT

For any question or request for information concerning the site, or any report of illicit content or activities, the user may contact the editor at the following e-mail address: contact@francofil.fr or send a registered letter with acknowledgement of receipt to : SAS Francofil - 87 route Guy de Maupassant 76110 Manneville la Goupil


ARTICLE 4. ACCEPTANCE OF TERMS OF USE

Access to and use of the site are subject to acceptance of and compliance with these Terms of Use.

The publisher reserves the right to modify, at any time and without prior notice, the site and services as well as these GTC, in particular to adapt to changes in the site by making new features available or deleting or modifying existing features.

The user is therefore advised to refer to the latest version of the GCU, which can be accessed at any time on the site, before browsing. In the event of disagreement with the GCU, the user may not use the site.


ARTICLE 5. ACCESS AND NAVIGATION

Access to and use of the site are reserved for persons aged 16 (sixteen) or over. The publisher may request proof of age by any means.

The publisher uses all technical means at its disposal to provide access to the site 24 hours a day, 7 days a week. However, it may at any time suspend, limit or interrupt access to the site or to certain pages of it in order to carry out updates, modifications to its content or any other action deemed necessary for the proper operation of the site.

Connecting to and browsing the www.francofil.fr website implies unreserved acceptance of these General Terms of Use, whatever the technical means of access and terminal used.

These GCU apply, as necessary, to any variation or extension of the site on existing or future social and/or community networks.


ARTICLE 6. SITE MANAGEMENT

For the proper management of the site, the publisher may at any time :

  • Suspend, interrupt or limit access to all or part of the site, reserve access to the site, or to certain parts of the site, to a specific category of Internet user;
  • Delete any information that could disrupt its operation or contravene national or international laws, or the rules of Netiquette;
  • Suspend the site for updates.


ARTICLE 7. SERVICES RESERVED FOR REGISTERED USERS

1. REGISTRATION

Access to certain services, and in particular to all paid services, is subject to the user's registration.

Registration and access to the site's services are reserved exclusively for natural persons aged at least 16 (sixteen) years. capable, who have completed and validated the registration form available online at www.francofil.fr, as well as the present General Conditions of Use.

At the time of registration, the user undertakes to provide accurate, truthful and up-to-date information about himself/herself and his/her marital status. In addition, the user must regularly check his or her personal data to ensure that it remains accurate.

The user must therefore provide a valid e-mail address, to which the site will send confirmation of registration for its services. An e-mail address may not be used more than once to register for services.

All communications sent by www.francofil.fr and its partners are therefore deemed to have been received and read by the user. The user therefore undertakes to regularly check messages received at this e-mail address and to reply within a reasonable time if necessary.

Only one registration is allowed per person.

The user is given a login enabling him/her to access an area reserved for him/her (hereinafter referred to as the "Personal Area"), in addition to entering his/her password.

Users can change their login and password online in their Personal Area. The password is personal and confidential, and the user undertakes not to communicate it to third parties.

In any case, www.francofil.fr reserves the right to refuse a request for registration to the services in the event of non-compliance by the user with the provisions of the present General Terms of Use.

2. UNSUBSCRIBE

Regularly registered users may request to be removed from the list at any time by visiting the dedicated page in their Personal Area. Any unsubscription from the site will be effective immediately after the user has filled in the appropriate form.

3. DELETION OF PERSONAL SPACE AT THE INITIATIVE OF THE SITE EDITOR

Users are hereby informed that the publisher reserves the right to delete the personal space of any User who contravenes the present conditions of use and sale, and more particularly in the following cases:

  • If the user makes illicit use of the site ;
  • If the user, when creating his/her personal space, voluntarily transmits erroneous information to the ;
  • If the user has not been active on his/her personal space for at least one year.

Should the publisher decide to delete the user's personal space for one of these reasons, this will not constitute a loss for the user whose account has been deleted.

Such deletion shall not constitute a waiver of any legal action that the publisher may take against any user who contravenes these rules.


ARTICLE 8. RESPONSIBILITIES

The publisher is only responsible for the content he has edited himself.

The publisher is not responsible:

  • In the event of technical or IT problems or failures, or the site's compatibility with any hardware or software;
  • Direct or indirect, material or immaterial, foreseeable or unforeseeable damage resulting from the use or difficulties in using the site or its services;
  • The intrinsic characteristics of the Internet, in particular those relating to the unreliability and lack of security of information circulating on it;
  • Illegal content or activities using its site, without its due knowledge in the sense of Law No. 2004-575 of June 21, 2004 on confidence in the digital economy and Law No. 2004-801 of August 6, 2004 on the protection of individuals with regard to the processing of personal data.

Furthermore, the site cannot guarantee the accuracy, completeness or topicality of the information provided.

The user is responsible for :

  • Protecting your equipment and data;
  • Your use of the site or its services;
  • If it does not respect either the letter or the spirit of these GCU.


ARTICLE 9. HYPERTEXT LINKS

The site may contain hypertext links to other websites over which www.francofil.fr has no control. In spite of prior and regular checks carried out by the editor, the latter declines all responsibility for the content that may be found on these sites.

The publisher authorizes the creation of hypertext links to any page or document on its site, provided that these links are not created for commercial or advertising purposes.

In addition, the site editor must be informed before any hypertext link is set up.

Excluded from this authorization are sites disseminating information of an illicit, violent, polemical, pornographic or xenophobic nature, or which may offend the sensibilities of a large number of people.

Lastly, www.francofil.fr reserves the right to remove any hypertext link pointing to its site at any time, if the site considers it to be in breach of its editorial policy.


ARTICLE 10. CONFIDENTIALITY

1. DATA COLLECTED AND PROCESSED, AND METHOD OF DATA COLLECTION

In accordance with the provisions of Article 5 of European Regulation 2016/679, the collection and processing of site users' data complies with the following principles:

  • Legality, fairness and transparency: data may only be collected and processed with the consent of the user who owns the data. Whenever personal data is collected, the user will be informed that his or her data is being collected, and for what purpose the data is being collected;
  • Limited purposes: data is collected and processed for one or more of the purposes set out in these general terms and conditions of use;
  • Minimization of data collection and processing: only the data necessary for the proper execution of the objectives pursued by the site are collected;
  • Data storage limited in time: data is stored for a limited period, of which the user is informed. If the retention period cannot be communicated to the user ;
  • Integrity and confidentiality of data collected and processed: the data controller undertakes to guarantee the integrity and confidentiality of the data collected.

In order to be lawful, and in accordance with the requirements of Article 6 of European Regulation 2016/679, the collection and processing of personal data may only take place if they comply with at least one of the conditions listed below:

  • The user has expressly consented to the processing ;
  • Processing is necessary for the proper performance of a contract
  • Processing is required by law
  • The processing is necessary in order to safeguard the vital interests of the data subject or of another natural person.
  • Processing may be necessary for the performance of a task carried out in the public interest or in the exercise of official authority.
  • The processing and collection of personal data are necessary for the purposes of the legitimate and private interests pursued by the data controller or by a third party.

The personal data collected on the www.francofil.fr website are as follows:

- First name, Last name
- e-mail address
- Postal address
- Bank details

This data is collected when the user carries out one of the following operations on the site:

- When the user creates an account on the
site - When the user makes a purchase on the site

Furthermore, when purchasing a product on the site, the user is informed that the seller will keep proof of the transaction in its computer systems, including the order form and the invoice.

The data controller will keep all data collected on the site's computer systems under reasonable security conditions for a period of : 2 years, unless the user requests deletion before the expiry of this period.

When personal data is recorded, the user is informed of the period for which his or her data will be kept, and when this period cannot be specified, the site editor informs the user of the criteria used to determine it.

Data is collected and processed for the following purposes:

- Order processing
- Loyalty program

2. DATA HOSTING

As mentioned above, the www.francofil.fr website is hosted by : O2SWITCH, whose head office is located at the address below:

222-224 boulevard Gustave Flaubert - 63000 Clermont-Ferrand - France

The data collected and processed by the site is exclusively hosted and processed in France.

3. THE DATA CONTROLLER

The person responsible for processing personal data is: SAS Francofil. It can be contacted as follows:

by e-mail to contact@francofil.fr or by post to 87 route Guy de Maupassant 76110 Manneville-la-Goupil

4. PERSONAL DATA OF MINORS

In accordance with the provisions of Article 8 of European Regulation 2016/679 and the French Data Protection Act, only minors aged 15 or over may consent to the processing of their personal data.

If the user is a minor under the age of 15, the consent of a legal representative will be required before personal data can be collected and processed.

5. USER RIGHTS AND PROCEDURES FOR IMPLEMENTING USER RIGHTS

In accordance with the regulations concerning the processing of personal data, the user has the rights listed below.

In order for the data controller to comply with the user's request, the user must provide the following information: first and last name, e-mail address and, if relevant, account or personal space number.

The data controller is obliged to respond to the user within a maximum of 30 (thirty) days.

a. Right of access, rectification and the right to be forgotten

Users may view, update, modify or request the deletion of their personal data by following the procedure set out below:

The user must send an e-mail specifying the subject of the request and using the contact e-mail address provided above.

If he/she has one, the user has the right to request the deletion of his/her personal space by following the procedure below:

The user must send an e-mail to contact@francofil.fr, specifying his or her personal space number. The deletion request will be processed within 10 working days.

b. Right to data portability

the user has the right to request the portability of his/her personal data, held by the site, to another site, by complying with the procedure below:

The user must send an e-mail specifying the subject of the request and using the contact e-mail address provided above.

c. Right to limit and object to data processing

Finally, the user has the right to request the limitation of or to object to the processing of his/her data by the site, without the site being able to refuse, unless it can demonstrate the existence of legitimate and overriding reasons, which may prevail over the interests and rights and freedoms of the user.

d. Right to determine the fate of data after death

Users are reminded that they can organize what is to become of their collected and processed data if they die, in accordance with law no. 2016-1321 of October 7, 2016.

e. Right to appeal to the competent supervisory authority

In the event that the data controller decides not to respond to the user's request, and the user wishes to contest this decision, he/she is entitled to refer the matter to the CNIL (Commission Nationale de l'Informatique et des Libertés, https://www.cnil.fr) or to any competent court.

6. OBLIGATIONS OF THE DATA CONTROLLER

The data controller undertakes to protect the personal data collected, not to pass it on to third parties without the user's knowledge, and to respect the purposes for which the data was collected.

The site has an SSL certificate to guarantee that information and data transfer via the site is secure.

Furthermore, the data controller undertakes to notify the user of any rectification or deletion of data, unless this would entail disproportionate formalities, costs or steps.

In the event that the integrity, confidentiality or security of the user's personal data is compromised, the data controller undertakes to inform the user by any means necessary.


ARTICLE 11. COOKIES

1. USER CONSENT TO THE USE OF COOKIES BY THE SITE

The site may use "cookies" to process statistics and traffic information, facilitate navigation and improve service for the user's convenience. For the use of "cookies" files involving the storage and analysis of personal data, the user's consent must be obtained.

The user's consent is considered valid for a maximum period of 13 (thirteen) months. At the end of this period, the site will again request the user's authorization to store "cookies" on his or her hard disk.

2. OPPOSITION OF THE USER TO THE USE OF COOKIES BY THE SITE

Users are informed that they may refuse to accept cookies by configuring their browser software.

Should the user decide to deactivate cookies, he/she will be able to continue browsing the site. However, any malfunction of the site caused by this manipulation cannot be considered to be the fault of the site editor.

3. DESCRIPTION OF COOKIES USED BY THE SITE

The site editor draws the user's attention to the fact that the following cookies are used during browsing:

  • Session cookies
  • Permanent cookies


ARTICLE 12. INTELLECTUAL PROPERTY

The structure of the site, as well as the texts, graphics, images, photographs, sounds, videos and computer applications that make it up, are the property of the publisher and are protected as such by the intellectual property laws in force.

Any representation, reproduction, adaptation or partial or total exploitation of the contents, trademarks and services offered by the site, by any process whatsoever, without the prior, express and written authorization of the publisher, is strictly forbidden and would be likely to constitute an infringement within the meaning of articles L. 335-2 et seq. of the French Intellectual Property Code. With the exception of elements expressly designated as royalty-free on the site.

Access to the site does not constitute recognition of a right and, in general, does not confer any intellectual property right relating to any element of the site, which remain the exclusive property of the publisher.

The user is prohibited from introducing data to the site that would modify or be likely to modify its content or appearance.


ARTICLE 13. APPLICABLE LAW AND COMPETENT JURISDICTION

The present General Terms of Use are governed by French law. In the event of dispute, and failing amicable agreement, the dispute will be brought before the French courts in accordance with the rules of jurisdiction in force.

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