applicable as of 10/01/2022
The present general conditions are applicable between ALBANESI CEDRIC, trade name Gpa2po, Auto-entrepreneur, registered at the RCS of Montauban in France, under the number 520746645, head office : 21 rue des vergers, Siret 52074664500024, 82000 montauban, FR, phone : +33673107170, email: gpa2po@gmail.com, VAT not applicable, article 293B of the CGI, hereinafter "the Publisher" and any person, natural or legal, of private or public law, registered on the Site to purchase a Product, hereinafter "the Customer".
"Customer": any individual or legal entity, under private or public law, registered on the Site.
"Site Content": elements of any kind published on the Site, whether or not protected by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.
"The Editor": ALBANESI CEDRIC, trade name Gpa2po, Auto-entrepreneur taken in his capacity as editor of the Site.
"Internet user": any person, physical or moral, of private law or public law, connecting to the Site.
"Product": goods of any kind sold on the Site by the Publisher to Customers.
"Site": website accessible at the URL gpa2po.com, as well as sub-sites, mirror sites, portals and related URL variations.
The Website is freely accessible to any Internet user. Browsing the Site implies acceptance by any Internet user of these general conditions. The simple connection to the Site, by any means whatsoever, in particular through a robot or a browser, will entail full acceptance of these general conditions. When registering on the Site, this acceptance will be confirmed by checking the corresponding box.
The Internet user acknowledges having fully understood and accepted them without restriction.
Checking the above-mentioned box shall be deemed to have the same value as a handwritten signature by the Internet User. The Internet user recognizes the value of proof of the automatic recording systems of the Publisher and, unless he/she can prove otherwise, he/she waives the right to contest them in case of litigation.
The present general conditions are applicable to the relations between the parties to the exclusion of all other conditions, and in particular those of the Internet user.
Acceptance of these terms and conditions assumes that Internet users have the legal capacity to do so, or failing that, that they have the authorization of a guardian or curator if they are incapable, of their legal representative if they are minors, or that they hold a mandate if they are acting on behalf of a legal entity.
The purpose of the Site is to sell Products to Customers.
The customer service of the Site is accessible from Monday to Friday from 10:00 am to 6:00 pm at the following phone number: 0673107170, by e-mail at: info@gpa2po.com or by mail at the address indicated in article 1 of the present general conditions. In the latter two cases, the Publisher undertakes to provide an answer within 2 hours.
6.1. Creation of the personal space
The creation of a personal space is an essential prerequisite to any order of an Internet user on the Site. To this end, the Internet User will be asked to provide a certain amount of personal information. Some of this information is deemed essential for the creation of the personal space. The refusal by an Internet user to provide such information will prevent the creation of the personal space and, incidentally, the validation of the order.
When creating the personal space, the Internet user is invited to choose a password. This password guarantees the confidentiality of the information contained in the personal space. The Internet user is therefore forbidden to transmit or communicate it to a third party. Otherwise, the Editor cannot be held responsible for unauthorized access to the personal space of an Internet user.
The Customer agrees to regularly check the data concerning him and to proceed online, from his personal space, to the necessary updates and modifications.
6.2. Content of the personal space
The personal space allows the Customer to consult and follow all his orders made on the Site.
The pages relating to the personal space are freely printable by the holder of the account in question, but do not constitute evidence admissible by a court of law. They have only an informative character intended to ensure an effective management of its orders by the Customer.
The Publisher undertakes to keep in a secure manner all contractual elements whose conservation is required by the law or the regulations in force.
6.3. Deletion of the personal space
The Publisher reserves the right to delete the account of any Customer who violates these terms and conditions, in particular when the Customer provides inaccurate, incomplete, misleading or fraudulent information, as well as when the personal space of a Customer has remained inactive for at least one year. The said deletion will not constitute a fault of the Publisher or a damage for the excluded Customer, who will not be able to claim any compensation for this fact.
This exclusion is without prejudice to the possibility, for the Publisher, to undertake legal proceedings against the Customer, when the facts justify it.
As part of its services, the Publisher will have to process personal data of its Customers.
7.1 Identity of the data controller
The person in charge of the collection and processing of data on the Site is the Publisher.
7.2 Identity of the Data Protection Officer
The Data Protection Officer is: Etienne Deshoulières, 121 boulevard de Sébastopol 75002 Paris, contact@deshoulieres-avocats.com, 01 77 62 82 03, www.deshoulieres-avocats.com" always taking care to create a hypertext link on the URL of our site
7.3. Collected data
Within the framework of its contractual relations, the Publisher may collect and process information from its Customers, namely: Email, Name and surname, Address, state, province, postal code, city.
The data collected during the contractual relationship is subject to automated processing for the purpose of
The legal basis for the data collected is a contractual relationship.
The data collected is only available to the Publisher within the limits strictly necessary for the execution of the contractual commitments.
This data, whether in individual or aggregated form, is never made freely viewable by a third party.
The personal data collected are kept for the duration of the contractual relationship, and for the time during which the Editor's responsibility may be engaged.
After the retention period, the Editor undertakes to permanently delete the data of the persons concerned without keeping a copy.
Personal data are kept in secure conditions, according to the current technical means, in compliance with the provisions of the General Data Protection Regulation and the national legislation in force.
Access to the Publisher's premises is also secured.
The Publisher may also collect and process any data voluntarily submitted by its Customers.
The Publisher directs its Customers to provide personal data that is strictly necessary for the performance of its contractual obligations.
The Publisher undertakes to keep and process only the data strictly necessary for its business activities, and will delete any data received that is not useful to its business as soon as possible.
The Publisher's Customers have the following rights concerning their personal data, which they can exercise by writing to the Publisher's postal address or by filling in the online contact form.
The Publisher's Customers have the right to access their personal data.
Because of the security and confidentiality obligation in the processing of personal data that is incumbent on the Publisher, requests will only be processed if Customers provide proof of their identity, in particular by producing a scan of their valid identity document (in the case of a request via the dedicated electronic form) or a signed photocopy of their valid identity document (in the case of a written request), both accompanied by the words "I certify on my honor that the copy of this identity document is in conformity with the original. Done at ... on ...", followed by their signature.
To help them in their approach, Customers will find here a model letter prepared by the CNIL.
The Editor's Customers have the possibility to ask for the rectification, the update, the blocking or the deletion of their personal data which may be inaccurate, erroneous, incomplete or obsolete.
The Publisher's Customers may also define general and specific directives concerning the fate of their personal data after their death. Where applicable, the heirs of a deceased person may require that the death of their loved one be taken into consideration and/or that the necessary updates be made.
To assist them in their request, Customers will find here a model letter prepared by the CNIL.
The Editor's Customers have the possibility to oppose to the processing of their personal data.
To help them in their approach, the Customers will find here a model of letter elaborated by the Cnil.
The Publisher's Customers have the right to receive the personal data they have provided to the Publisher in a transferable, open and readable format.
The Publisher's Customers have the right to request that the processing of their personal data by the Publisher be limited. Thus, their data will only be retained and not used by the Publisher.
The Editor undertakes to answer any request for access, rectification or opposition or any other additional request for information within a reasonable time that cannot exceed 1 month from the receipt of the request.
If the Publisher's Customers consider that the Publisher is not complying with its obligations with respect to their personal data, they may file a complaint or a request with the competent authority. In France, the competent authority is the Cnil to which they can send a request here.
The Publisher uses authorized service providers to facilitate the collection and processing of its Customers' data. These service providers may be located outside the European Union.
The Editor has previously ensured that its service providers have implemented adequate safeguards and comply with strict conditions regarding confidentiality, use and protection of data, for example via the US Privacy Shield.
The Publisher uses the following subcontractors:
Partner | Quality | Country of destination | Treatment performed | Warranties |
Co-contractor | USA (Privacy Shield) | Management of people's opinions on products, services or content. | https://www.facebook.com/policy.php | |
Youtube | Co-leader | USA (Privacy Shield) | Video hosting. | https://policies.google.com/privacy?hl=fr&gl=fr |
Co-leader | USA (Privacy Shield) | Management of people's opinions on products, services or content. | https://help.instagram.com/519522125107875 | |
Facebook Ads manager | Subcontractor and Co-contractor | USA (Privacy Shield) | Carrying out operations related to prospecting. | https://www.facebook.com/policy.php |
Facebook Analytics | Subcontractor and Co-contractor | USA (Privacy Shield) | Elaboration of business statistics in order to generate reports on Internet users' interactions. | https://www.facebook.com/policy.php |
Google Analytics | Subcontractor and Co-contractor | USA (Privacy Shield) | Elaboration of business statistics in order to generate reports on Internet users' interactions. | https://policies.google.com/privacy |
Google Adwords | Subcontractor and Co-contractor | USA (Privacy Shield) | Carrying out operations related to prospecting. | https://policies.google.com/privacy |
Gmail | Subcontractor and Co-contractor | USA (Privacy Shield) | Service for sending emails. | https://policies.google.com/privacy |
Customers also agree that the Publisher may disclose the collected data to any person, upon request of a state authority or court order.
If the Publisher becomes involved in a merger, sale of assets, financing transaction, liquidation or bankruptcy, or in an acquisition of all or part of its business by another company, Customers agree that the data collected may be transferred by the Publisher to such company and that such company may perform the personal data processing described in these Terms of Use on behalf of the Publisher.
The Contents of the Site are likely to be protected by the copyright and the right of the data bases. Any representation, reproduction, translation, adaptation or transformation, in whole or in part, carried out illegally and without the consent of the Editor or his successors or assigns constitutes a violation of Books I and III of the Intellectual Property Code and may give rise to legal proceedings for infringement.
8.2. Contractual protection of the Site's Content
The Internet user contractually commits to the Editor not to use, reproduce or represent, in any way whatsoever, the Contents of the Site, whether or not they are protected by an intellectual property right, for any other purpose than their reading by a robot or a browser. This prohibition does not apply to indexing robots whose sole purpose is to scan the content of the Site for indexing purposes.
8.3. Protection of the general conditions
The general terms and conditions of the Site, drafted by the law firm Deshoulières Avocats Associés (www.deshoulieres-avocats.com), are protected by commercial law. Any reproduction, in whole or in part, made without the consent of Deshoulières Avocats Associés may give rise to legal proceedings for parasitism.
The present general conditions are subject to the application of French law.
9.2 Modifications of the present general conditions
The present general conditions can be modified at any time by the Publisher. The general terms and conditions applicable to the Customer are those in force on the day of the Customer's order or connection to the present Site, any new connection to the personal space implying acceptance of the new general terms and conditions, if applicable.
9.3. Litigation
In accordance with the order n°2015-1033 of August 20, 2015, all disputes which could arise within the framework of the execution of the present general conditions and whose solution could not be found beforehand with the friendly one between the parts will have to be subjected.
In addition, the Customer is informed of the existence of the online dispute resolution platform, accessible at the following URL address: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
Since January 1, 2016, mediation is mandatory for all. Thus, any professional selling to individuals, is required to communicate the contact details of a competent Mediator in case of dispute, and this regardless of whether he sells remotely or in a physical store (Source: FEVAD).
customer service / info@gpa2po.com
9.4. Entire
The nullity of one of the clauses of this contract will not entail the nullity of the other clauses of the contract or of the contract as a whole, which will keep their full effect and scope. In such a case, the parties shall, to the extent possible, replace the invalidated provision with a valid provision corresponding to the spirit and purpose of this Agreement.
9.5. Non-waiver
The Publisher's failure to exercise its rights hereunder shall not be construed as a waiver of such rights.
9.6. Telephone solicitation
The Customer is informed that he has the possibility of registering on the opposition list to telephone canvassing at the address http://www.bloctel.gouv.fr/.
9.7. Languages of the present general conditions
The present general conditions are proposed in French.
9.8. Abusive clauses
The stipulations of the present general conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning unfair terms in contracts concluded between a professional and a consumer.