Confidentiality of personal data
ARTICLE 1 - GENERAL INFORMATION
This Internet site (hereinafter referred to as the "Site") is published by the company CALEBASSE, a simplified joint stock company with a capital of €10,000, registered with the Paris Trade and Companies Register under number 415 228 311, whose registered office is located at 15 rue de la Vistule - 75013 PARIS: email@example.com
The Site is hosted by the company AWS, Paris.
Browsing on this Site is subject to the regulations in force. The present provisions, the Legal Notice of the Site and the Personal Data Protection Charter constitute the general conditions of use of the Site (hereinafter referred to as the "General Conditions of Use" or "GCU") to which Users are subject when they browse the Site.
The purpose of the Site is to provide Users with information and assistance concerning all the activities, products, services and offers of CALEBASSE.
ARTICLE 2 - DEFINITIONS
"GCS": means the present General Conditions of Use;
"Order": means the contract of sale at a distance which is considered concluded from the moment the buyer confirms his order by clicking on the "Pay" icon;
"Account": means all the computer and network resources allocated to a User who can only use them by logging on to the Site with his or her user name and password;
"Cookie": means a file sent by the Internet server to the User's browser. It is stored on the memory of his device;
"Personal Data" or "PDC": means information that makes it possible to identify a natural person, directly (for example: name, first name, address, etc.) or indirectly, in particular by reference to an identifier (for example, the one that allows access to a service or a space);
"Force Majeure**": means one or more unforeseeable, irresistible and external events making it absolutely impossible for either Party to perform its commitments within the meaning of the legislation in force and case law;
"Product(s)": means the product(s) developed, manufactured and marketed by Calebasse and offered for sale on the Site;
"Service**": means all the content and resources present on the Site, provided by Calebasse and made available to the User in particular when consulting the Site, creating an account or making a purchase;
"Territory": means the following territory: Metropolitan France, including Corsica;
"User": means any natural person having access to the Site regardless of the place where he/she is located and the connection methods.
ARTICLE 3 - USE OF AND ACCESS TO THE SITE
The User who does not wish to accept all or part of the GCU or a subsequent modification must give up using the Site.
The Site is accessible free of charge at the following address: https://calebasse.com. Calebasse reserves the right to interrupt or temporarily suspend access to the Site or to modify access to it for maintenance or any other reason, without this giving rise to any right to compensation for the User.
To be able to use the Site, the User must have computer equipment compatible with the minimum technical specifications of Calebasse. Before using the Site, the User must ensure that his computer equipment is compatible with the use of the Site and the products and services accessible on the Site. Under no circumstances shall Calebasse be held liable if the User is unable to access the Site.
ARTICLE 4 - ACCOUNT CREATION
The User has the possibility, but not the obligation, to create an Account on the Site if he wishes to access and benefit from the following Services or offers
Access to all his past and current Orders;
Access the details of the Orders;
Access and modify his/her addresses: consult the addresses already registered, add, modify or delete an address;
By creating an Account, the User accepts the present Terms and Conditions and the PAD Protection Charter. Furthermore, it is specified that access to the Services does not include automatic subscription to Calebasse newsletters.
The creation of an Account on the Site is reserved for any natural person aged at least 18 years and/or legally capable.
Concerning his rights, the identified User has, at any time, the possibility to modify the information he wishes to receive or to unsubscribe by clicking on the link provided for this purpose located at the bottom of each newsletter.
All the fields present in the form of creation of Account must be filled except for the fields indicated as optional. Any failure to answer will result in the non creation of an Account. All information provided by the User must be accurate.
When the User creates an Account on the Site, he/she receives an email confirming the creation of the Account the same day.
Calebasse reserves the right to delete any Account that does not comply with these GTUs.
ARTICLE 5 - INTELLECTUAL PROPERTY
The Site is the exclusive property of Calebasse. The Site and all of its content, including text, still or animated images, databases, programs, etc., are protected by the legislation on intellectual property currently in force in France. Calebasse is the owner and/or has the authorization to use all the rights concerning the logos, trademarks, distinctive signs, texts, illustrations, photographs, images and videos as well as the databases and software used in the operation of the Site.
In this respect, Calebasse only grants to the Users of the Site an authorization to view its content on a personal and private basis, to the exclusion of any public viewing or distribution. The authorization to reproduce is granted to Users only in digital form on their consultation computer for the purpose of viewing the pages consulted by their navigation software. The paper printout is authorized for the purposes of private copying for the exclusive use of the copyist within the meaning of article L122-5 2° of the Intellectual Property Code.
Any other use not expressly mentioned in the present TOS is not permitted and requires the prior written consent of Calebasse.
ARTICLE 6 - LINKS TO OUR SITE
These links may be made only for non-commercial purposes and in compliance with the legal or regulatory provisions in force and insofar as this does not damage the reputation of Calebasse or that the User derives any profit from it. The link site (hereinafter referred to as the "Link Site") must not disseminate content that is pornographic, contrary to good morals, insulting, racist, discriminatory or consisting of incitement to crimes and offenses and to hatred based on race, religion, sex, appearance or any other nature, or containing any false, inaccurate or erroneous statement about the Site and/or Calebasse.
Users are expressly prohibited from linking to the Site in a manner that suggests any form of association, approval or endorsement on the part of Calebasse that does not exist. Users shall not remove or obscure, by framing or otherwise, any advertisements, and more generally any content published on the Site.
If Calebasse authorizes a link to the Liaison Site, this link must be set up under the following conditions:
In no event shall the authorization granted by Calebasse imply that:
Calebasse sponsors, cooperates with, verifies or supervises the content and/or services provided by the Link Site. Calebasse is responsible for the content of the Link Site; The Link Site must comply with the law and may not disseminate content that is: illegal, harmful or that would contravene ethics and good morals (pornographic, violent, racist, etc.) and of such a nature as to mislead or deceive Users about Calebasse or about its activities, products and services.
As such, Calebasse may request the deactivation and removal of this link at any time and without notice.
The domain name "calebasse.com" and all its extensions is the exclusive property of Calebasse.
ARTICLE 7 - LINKS TO OTHER SITES
From this Site, the User may access other Internet sites through redirection urls. These third party sites are not under the control of Calebasse which is not responsible for the availability of the sites and their content. The provision of links is intended for the information of Users and does not imply any responsibility on the part of Calebasse.
ARTICLE 8 - WARRANTY / LIABILITY
Liability of Calebasse
Calebasse will make its best efforts to provide Users with up-to-date and recent information. However, Calebasse shall not be held liable for any errors, omissions or results obtained as a result of misuse of this information. Similarly, the User acknowledges and expressly accepts that Calebasse cannot be held responsible for interruptions and/or slowdowns of the Site in cases of Force Majeure, damage related to the functioning of the Internet network, or failure of hosting services. Furthermore, Calebasse cannot be held responsible for messages, content or information of which it is not the direct author. Calebasse undertakes to correct errors or omissions as soon as they are brought to its attention, and more generally to modify at any time all or part of the Site as well as the present provisions without its liability being incurred as a result. The downloading of any material while using the Service will be at the Users' own risk. Users will be solely responsible for any damage to or loss of data from their computer resulting from such downloading.
More generally, Calebasse shall in no event be liable for any direct and/or indirect damages resulting from the use of this Site. Concerning data security, in accordance with its DCP Protection Charter, Calebasse undertakes to take all useful precautions, including all technical and organizational measures, to preserve the security of the data collected on this Site and to prevent them from being deformed, damaged, or accessed by unauthorized third parties.
Responsibility of the User
The User undertakes to comply with all the legislative and regulatory provisions in force, and in particular not to put online, communicate or transmit information, content, images or messages likely to be considered insulting, defamatory, racist, contrary to morality and decency, pornographic, discriminatory or a provocation to crimes and offences and to hatred based on race, religion, sex, appearance or of any other nature
The User undertakes to respect the rights of third parties and in particular the rights of intellectual property and the right to privacy as detailed in the article "Intellectual Property" above.
The User acknowledges having read the provisions of the DCP Protection Charter and accepts its obligations.
The User also agrees not to alter the operation of computer systems or usurp or misappropriate the identifiers, names, attributes of other Users, and generally not to carry out in any way whatsoever any action likely to create confusion in the minds of Users.
The User agrees not to adopt any behavior that may damage the image, interests or rights of Calebasse or any third party, or to perform any action that may damage, alter, interrupt, overload or interfere with the normal operation of the Site.
In case of violation of the TOU, Calebasse reserves the right to limit, suspend and stop the User's access to the Site and to take all technical measures to that effect.
The User is solely responsible for the use he makes of the Services available on the Site.
The User is responsible for the content, messages, information or images that he/she puts online and will be held responsible for any direct or indirect damage of any nature whatsoever, caused by any use of the Site or any other breach of these TOU.
ARTICLE 9 - PERSONAL DATA
9.1 The User is informed that Calebasse may store and process personal data concerning him/her in order to carry out the tasks related to its activity in the context of accessing, consulting, browsing and using the Site and the services it offers. These PII are subject to protection by law. For this reason, Calebasse, in its capacity as data controller, has put in place appropriate security and confidentiality measures to protect Users' PII.
If the User wishes (i) to know how Calebasse uses his PII, (ii) to ask to rectify it, to object to its processing or to ask to delete it, the User may contact Calebasse's DPO by email at firstname.lastname@example.org. In this case, the User must indicate the PADs that he or she wishes to correct, update or delete, identifying himself or herself in a precise manner. Requests for deletion of Users' PADs will be subject to the obligations imposed on Calebasse by law, particularly with respect to the retention or archiving of documents. All requests must be signed and specify the address to which Calebasse should send the response. Calebasse may ask the User for identification or additional information, in case of reasonable doubt, in order to verify the User's identity in connection with the request.
9.2 The User is informed that the conditions of collection and processing of cookies are specified in the Cookies Policy which can be consulted on the Site at the following URL address https://calebasse.com/politique-cookies, allowing Users to exercise their choice concerning the deposit and reading of cookies according to their purpose. The information is collected on the Site and is solely intended for Calebasse and its service providers. This information allows Calebasse to send the User, unless the User objects, information on Calebasse's Products and services and to carry out customer relationship management operations.
ARTICLE 10 - MODIFICATION OF THE SITE AND CONDITIONS OF USE
ARTICLE 11 - SECURITY
Calebasse makes every effort, within the framework of a general obligation of means, to provide Users with a secure site. Calebasse declines all responsibility for any technical defects related to the use of the Site.
ARTICLE 12- APPLICABLE LAW AND JURISDICTION
The use of the Site is governed by French law. Any dispute that could not be settled amicably between Calebasse and the User shall be submitted to the competent French jurisdiction.
Updated on 05/04/2023