Sales terms and conditions
Article 1 - Definitions
LE TEMPS DES CERISES : e-shop http://boutique-letempsdescerises.com, of which operations belong to S.AS (single-shareholder simplified joint stock company) INDIGO GALLERY, with a capital of 7,603,685.00 EURO, registered with the Marseille Trade Regiser under number B 501 505 002 and whose registration number in the producers' register allocated by ADEME in accordance with Article L. 541-10-13 of the Environmental Code of the AGEC Act: FR235486_11THXR. The UDI for the packaging is : FR246187_01AWEA.
THE CLIENT : any adult having full legal capacity, acting as a client for the purposes of acquiring products from the e-shop catalog LE TEMPS DES CERISES. The client should in no case be a professional buyer, and no act of purchasing should be executed for professional or commercial purposes.
WEBSITE : interactive electronic service subject to French law, operated by LE TEMPS DES CERISES website accessible at the URL : http://boutique-letempsdescerises.com
PRODUCT : any item selected by LE TEMPS DES CERISES to prepare the Catalog available on the e-shop LE TEMPS DES CERISES, from men's and children's clothing "LE TEMPS DES CERISES", and/or "LE TEMPS DES CERISES" spin-off products collections.
CATALOG : collection of Products offered for sale on the Website LE TEMPS DES CERISES. Any Product visible on the Website and especially those photographed on a model, is not necessarily included in the Catalog. In order to check such absence, please click on the specific Product. Any reference to a Product description means the Product is indeed in the Catalog. Failing that, the Product shall be deemed non available for sale. The Product description sheet provides information on its type, name, composition, sizes and available colours, the instructions for use, care and maintenance and price. It comes with a photograph presenting the Product as closely as possible.
DELIVERY AREA : Switzerland, Sweden, Slovenia, Slovakia, St. Pierre and Miquelon, St. Martin, St. Barthélemy, United Kingdom, Reunion, Czech Republic, Portugal, French Polynesia, Poland, Netherlands, New Caledonia, Norway, Mayotte, Martinique, Luxembourg, Lithuania, Latvia, Jersey, Italy, Iceland, Ireland, Wallis and Futuna Islands, Hungary, French Guyana, Guadeloupe, Greece, Finland, Estonia, Spain, Denmark, Belgium, Austria, Andorra, Germany, excluding the countries and territories with a special relationship with one of the aforementioned countries and that do not belong to the customs territory or EU fiscal area for VAT.
CLIENT SERVICE : department of LE TEMPS DES CERISES, from which the Client may get additional information about Products or with which they may file a complaint form. The Client may contact the service from the contact page, or by telephone: +33(0)4.86.06.36.11.
RETURNS : department of LE TEMPS DES CERISES, to which the Client must return any Product pursuant to articles 8 and 11. The Client may contact the service from the contact page, or by telephone: +33(0)4.86.06.36.11.
Article 2 – Object
The terms and conditions presented herein apply exclusively to any direct sale completed individually by a client as part of the online sale of the Products offered for sale on the Website http://boutique-letempsdescerises.com, to the exclusion of all other conditions, especially those applied to the stores of the brand LE TEMPS DES CERISES. The e-shop LE TEMPS DES CERISES is attached to the company INDIGO GALLERY under the trading name LE TEMPS DES CERISES (RCS MARSEILLE : B 501 505 002). Client may at any time contact the e-shop LE TEMPS DES CERISES via email, from the contact page, or by telephone: +33(0)4.86.06.36.11.
2.1- The Client understands to have acknowledged the present sales conditions at the time they purchased a Product as well as the privacy policy on Personal Data and cookie management and expressly accepted them in their totality, unequivocally. They also acknowledge having full legal capacity or permission of the person authorised to be committed under the present conditions.
2.2- These general Terms and Conditions may be subject to change at any time, without prior notice. Thus, the applicable provisions are those applying to the e-shop LE TEMPS DES CERISES at the time of the Client's order. Client should often consult these Terms and Conditions to keep up with potential modifications.
2.3- The e-shop LE TEMPS DES CERISES is dedicated to the client, legal person, who declares that the acquisition of these products is in no way linked to their professional activity, such purchase being reserved for their personal use only. As a natural person, the Client therefore benefits from specific rights which may be jeopardised should the products or services acquired have any connection with their professional activity.
Article 3 - Products Sale Offer
3.1 The offers relate to a selection of products offered for sale on the e-shop LE TEMPS DES CERISES. All the product presented on a silhouette or any other medium, are not necessarily for sale. A Product is hence regarded as available for sale when presented with a detailed description sheet. All of our sale offers for Products are only valid insofar Products are visible on the e-shop LE TEMPS DES CERISES, and available in stock.
3.2- LE TEMPS DES CERISES reserves the right to refuse or cancel the sale of any Product for a reasonable cause. Client will be informed via email after our Services take their order. Regarded as reasonable cause are the following : product is unavailable at the time of order preparation ;a random error on the Product description sheet ; unusual request from Client in the Product order ; dispute with the Client regarding payment of a previous order or Product return process ; Client bad faith ; and any other situation, action or fraudulent attempt directly or indirectly targeting the e-shop LE TEMPS DES CERISES, and more broadly INDIGO GALLERY.
Article 4 - Client Account
The orders placed with the e-shop LE TEMPS DES CERISES, may only be secured on the express condition that a Client account has been created. The creation of the Client account may be completed at any time in the section « My account », visible at any time when browsing the e-shop LE TEMPS DES CERISES.
4.1- When registering, the Client must fill in their email address, it must be valid, and choose a password. The Client account is private, these elements are strictly confidential. We advise the client not to share them in any way, especially as user alone is responsible for their actions and the consequences of using their account until deactivation of the latter.
4.2- In order to confirm registration, Client must fill in some elements regarding their identity, their contact details, namely their billing and delivery address, required to process their order. The address of a hotel or holiday place, a Post Office box or General Delivery address, shall not be regarded as usual residence address. Client must provide accurate and genuine information and must update them shall any change on their personal account occur. The update shall be effective from the next business day.
4.3- Client information and data are necessary for good order management and business relationship building and improvement with Clients. They may be shared with people building these relationships such as staff responsible for Customer Service, Returns, Order preparation and transport. The information and data are also stored for security purposes, in accordance with legal and regulatory requirements and to allow LE TEMPS DES CERISES providing enhanced and customised services and information to their Clients.
4.4- LE TEMPS DES CERISES reserves the right to deactivate a Client account, without prior notice or compensation, in case of Client non-compliance with herein Terms and Conditions, non-payment of sums due, fraudulent conduct or contrary to the interests of the e-shop LE TEMPS DES CERISES and more broadly the company INDIGO GALLERY.
4.5- In the event the Client should want to deactivate their account, they must give notice to LE TEMPS DES CERISES via email from the e-shop « Contact » page, which shall deactivate said account as soon as possible.
Article 5 - Ordering Product
Our Products offers are valid as long as they are displayed on the Website. As regards the purchase order, the consumer's "double click" form an electronic signature which is binding, between the Parties, to the same extent as a manual signature. Any discussion pertaining to the completed orders will be archived on the computer systems and are considered evidence of communication, orders and payments between Parties. The archived purchase orders and invoices may be produced as valid evidence in compliance with Article 1148 of French Civil Code.
5.1- The Client may place an order online from the Catalog.
5.2- Clicking on “Add to cart”, Client can add Products into cart. For each of the selected Products, the Client may choose the ordered size colour. The Client should be free, at any time, to view the content of their cart and delete one or more item.
5.3- Clicking on “Proceed to checkout”, Client approves cart content and should then select the country and delivery option. The country of delivery must be included in the offer Area. The delivery fees are payable by the Client and automatically add up to the order total.
5.4- Clicking on "Proceed to checkout", Client confirms country and delivery option. The Client should then either control the accuracy of their Client account data, namely their delivery and billing details, or create their account if it hasn't already been done.
5.5- Clicking on "Proceed to checkout", Client confirms the accuracy their Client account data, namely their delivery and billing details. The Client should then proceed to payment.
5.6- Clicking on “Pay”, Client acknowledges to have read the Terms and Conditions, accepts them without reservations and confirms payment. The Client may cancel the order until payment confirmation. As part of the payment confirmation, the Client should select between the different payment options offered on the e-shop LE TEMPS DES CERISES.
5.7- Following payment confirmation, the order is secured. Any confirmed order implies acceptance of the price and Product description as presented on the catalog. The Client receives an instant email stating the order has indeed been confirmed. Confirmation does not imply acceptance. It means the order is being reviewed by the Customer Service as regards the order content and Client history, as part of the article 3.2. In the event the order couldn't be fulfilled for legitimate reason, the Customer Service would warn the Client via email.
5.8- The customer has the right to withdraw from any order without giving any reason, within a period of thirty days. The withdrawal period expires thirty days after the day when the Customer, or a third party other than the carrier and designated by the Customer, takes physical possession of the goods. To exercise the right of withdrawal, the Customer must notify TEMPS DES CERISES' Customer Service Department via a return request from his customer account or by any other means of communication of his decision to withdraw from the order. The Customer may use the model withdrawal form attached to these General Terms and Conditions, but this is not obligatory. In order for the withdrawal period to be respected, it is sufficient for the Customer to send his communication concerning the exercise of the right of withdrawal before the expiry of the withdrawal period. In case of withdrawal, LE TEMPS DES CERISES shall reimburse all payments received from the Customer, including delivery costs (except for partially returned orders and costs resulting from the fact that the Customer has chosen, where applicable, a more expensive delivery method than the least expensive standard method, i.e. delivery at a collection point, proposed by LE TEMPS DES CERISES) without undue delay and, in any event, no later than fourteen days from the day LE TEMPS DES CERISES is informed of the decision to withdraw. LE TEMPS DES CERISES shall proceed with the refund using the same means of payment as the one used for the initial transaction; in any case, this refund shall not entail any costs for the Customer. LE TEMPS DES CERISES may postpone the refund until the Customer has received the goods or until the Customer has provided proof of shipment of the goods, whichever comes first. The Customer must return the goods to TEMPS DES CERISES following the instructions provided in the "My returns" section of the website, without undue delay and, in any event, no later than fourteen days after having communicated his/her decision to withdraw. This deadline is deemed to have been met if the Customer returns the goods before the expiry of the fourteen-day period.
5.9- The contractual information is presented in French. However, it may be transcribed into other languages according to the needs of LE TEMPS DES CERISES online shop and/or INDIGO GALLERY. In case of dispute, only the French language shall prevail. In the absence of proof to the contrary, the data recorded by LE TEMPS DES CERISES shall constitute the proof of all transactions between LE TEMPS DES CERISES and the Customer. Any dispute shall only arise in the context of guarantees.
5.10- The history of transactions made on LE TEMPS DES CERISES' online shop by the Customer may be consulted at any time by consulting the Customer's personal account under the heading "Order tracking".
To download the withdrawal form, click here.
Article 6 - Products Price
6.1- The price for each Product is given in Euro all taxes included (Value Added Tax and other applicable taxes at the time of the order). The prices are indicated excluding shipping fees, the latter being given separately at the time of order confirmation.
6.2- LE TEMPS DES CERISES reserves the right to change the price of any Product at any time. The pricing conditions applicable are hence those applicable on the e-shop LE TEMPS DES CERISES at the time of Client order. The client will be informed of any sales operations via email if they previously subscribed to the e-shop LE TEMPS DES CERISES newsletter.
Article 7 - Products Delivery
7.1- Any Product bought on the website can only be delivered in the Delivery Area. Every Product are delivered at the delivery street address filled in by the Client at the time of the order.
7.2- The delivery time a indicated on the e-shop LE TEMPS DES CERISES is a usual average time and corresponds to the order preparation time, to which adds up the carrier transport time depending on the transport option selected by Client. This time has an illustrative value only and et implies the order to have been placed, monday to friday, before 10.00 am (Paris time) excluding bank holiday or day of rest. The starting point is the day following that of the order validation by LE TEMPS DES CERISES.
7.3- When the order includes Products with different preparation time, the order delivery time is then based on the longest preparation time. In such case, LE TEMPS DES CERISES reserves the possibility to split the delivery, without causing further delivery fees for the Client. The additional fees shall be covered by LE TEMPS DES CERISES.
7.4- LE TEMPS DES CERISES may not be held responsible of potential delivery delays which are attributable to either the Client or the unforeseeable and insurmountable act of a third party to the Contract, or to an event of force majeure or fortuitous occurrence. If needed, Client should contact with the Customer Service of the e-shop LE TEMPS DES CERISES, from the Contact page.
7.5- Shipping is free for deliveries over 89€ or for in-store delivery, except for promotional offers mentioned on the LE TEMPS DES CERISES online store.
Article 8 - Products Receipt / Right to Cancel
8.1- The Customer has two working days from receipt of the product to notify Customer Services of their potential claims (damaged package, open package, missing product, damaged or soiled product, etc.).
8.2-The Customer has a right of withdrawal, the terms of which are set out in Article 5.8.
8.3- Whether it is for a reason of lack of conformity or as part of the exercise of his right of withdrawal, the Customer who wishes to return products must follow the instructions in the "My returns" section, where he can read the terms of return. They must formulate their request by filling in the form provided for this purpose. After validation, for an order eligible for free return, a return label to be stuck on the parcel appears in the "My returns" section. The customer must attach the return form enclosed in the parcel (or downloadable directly from the site), previously filled in and signed, to the return parcel. In the case of a return request not handled by LE TEMPS DES CERISES, we invite the Customer to return the item(s) by his/her own means, to the address indicated in the "My returns" section. The list of countries for which returns are free is available here.
8.4- When exercising the right of withdrawal, the Customer may only be reimbursed if the product is returned to the Returns Department within the time limit stipulated in Article 5.8 in its original condition (i.e. in conformity, in good condition, unworn and unwashed), complete (i.e. with its packaging, labelling and, where applicable, accessories) and accompanied by the return form. The price of any product returned by the Customer out of time, damaged, soiled or incomplete is not refunded and will be returned to the Customer or retained by LE TEMPS DES CERISES as a penalty if the Customer refuses the shipment. If the customer pays for the return postage at his/her own expense and by his/her own means, LE TEMPS DES CERISES accepts no responsibility for any damage. Covid-19 protective masks cannot be returned for reasons of hygiene and safety.
8.5- Refund of any, returned, Product subject to cancellation as established above in articles 8.3 to 8.5, is processed within fourteen days after date of receipt by the Return service of the returned Product subject to refund, except in the event of force majeure or fortuitous occurrence.
8.6- The refund will be made by crediting the customer's bank account. The choice of refund must be specified when the customer makes his return request in his customer account.
8.7- No Collect on Delivery shall be accepted, regardless of the reason.
8.8- The period of validity for any credit note is three months from the date of issue. Any Client is free to consult their list of credit note in the section "My account ". Each credit note is identified with a specific number. It is personal and non-transferable.
Article 9 - Payment of the Price and Security
9.1- When choosing the method of payment, the customer can choose to pay by credit card or by PayPal. In the case of payment by credit card, the customer is referred to a banking platform. The LE TEMPS DES CERISES online shop uses the PAYLINE secure payment system. This is an independent platform that allows payments to be managed in complete confidentiality and in accordance with the 3D SECURE security protocol for credit card payments. All confidential bank data is transmitted directly to the financial entity, using the SSL (Secure Socket Layer) encryption protocol, which encrypts the information in order to protect all sensitive data linked to the means of payment. No banking data is managed or archived in the computer systems of LE TEMPS DES CERISES online shop. In the case of a payment via Paypal, the customer is sent back to the Paypal platform to continue the payment.
9.2- Payment of the total price is executed at the time of order. The payment of any order is completed via credit card (Visa, EuroCard/MasterCard, E-carte bleue or any other credit cards authorised by the French Groupement des Cartes Bancaires). Beforehand, Client must assure they are granted potentially needed authorisations to use their selected method of payment.
9.3- LE TEMPS DES CERISES reserves the right to suspend any order management or delivery in case of denied authorisation for credit card payment by the officially accredited bodies or in the event of non-payment. Especially, LE TEMPS DES CERISES may refuse to perform delivery or to fulfil an order placed by a Client who would have only paid part of a previous order or with whom a payment dispute would remain unsettled.
Article 10 - Liability
10.1- Every Product in compliance with applicable French laws and standards. LE TEMPS DES CERISES may not be held liable in case of non observance of the regulations applicable in the country of Product delivery. It is the responsibility of the Client to check, with competent local authorities of the country of delivery, the right to import or use the Product they consider ordering on line from the e-shop LE TEMPS DES CERISES.
10.2- Any Product photograph is submitted for illustrative purposes only. The Client should refer to each product description in the catalog to be aware of its main features and, in case of doubt or need for further information, contact the Customer Service. LE TEMPS DES CERISES shall only be held responsible for the content of the pages they publish on their Website. LE TEMPS DES CERISES shall not be held liable in case of obvious errors between the characteristics of the product and its representation.
10.3- Insofar as every Client act as such for purposes which are outside their trade, business or profession, LE TEMPS DES CERISES the consumer does not incur any liability for any indirect damages as a result of the conditions herein, business interruption, loss of profit, loss of opportunity, damages or costs which may result from the Product purchase.
10.4- LE TEMPS DES CERISES may not be held responsible for elements beyond its control or damages which may be caused to the user's technical environment, namely computers, software, network equipment (modems, telephones, etc.) or any equipment used to access and use the Website.
Article 11 - Legal Safeguard
11.1- For each sold Product, LE TEMPS DES CERISES is responsible for, towards the Client, the legal guarantee of conformity of goods as prescribed by the articles L.211-4 à L.211-14 of the French Consumers Code and legal safeguard of the latent defect referred to in articles 1641 to 1648 of French Civil Code.
For any complaint, the Customer must contact the Customer Service of TEMPS DES CERISES - INDIGO GALLERY, 13, rue Gustave Eiffel 13010 MARSEILLE, from the contact page or by telephone at 04.86.06.36.11.
In particular, products whose complaint concerns natural wear and tear, or those whose maintenance instructions have not been respected, cannot be considered as suffering from a hidden defect or a lack of conformity.
When acting under the legal guarantee of conformity, the Customer :
- has a period of two years from the date of delivery of the goods in which to act, - can choose between repairing or replacing the goods, subject to the conditions set out in Article L. may choose between repairing or replacing the goods, subject to the conditions set out in Article L. 217-9 of the French Consumer Code, - is exempted from proving the existence of the product's lack of conformity during the twenty-four months following delivery of the goods, except for second-hand goods, - may decide to invoke the legal guarantee of conformity independently of the commercial guarantee that LE TEMPS DES CERISES grants, - may decide to invoke the guarantee against hidden defects in the item sold as defined in Article 1641 of the Civil Code and in this case may choose between rescission of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
11.2- In the event of non conformity and should identical replacement be impossible (size, colour or out of stock reference), The Client should have the possibility to return the product and get price refund (delivery fees included).
11.3- In the event of latent defect as provided by French law LE TEMPS DES CERISES endeavours, upon Client choice, to replace the product, subject to availability or to refund the so allocated Product; provided said defect was reported to the Client Service within the seven business days period, following the date when the Client should reasonably have discovered it. May not be defined by the latent defect characteristics, the products of which claim focuses on natural wearing or those which care instructions would have not been fulfilled. Refund should only be made on the condition that said Product has been returned by the Client and that latent defect nature has been determined by LE TEMPS DES CERISES.
11.4- No cash on delivery will be accepted, regardless of the reason.
11.5- The provision of the article 11 are without prejudice to the right to cancel as referred to in above mentioned article 8.
Article 12 - Intellectual Propriety
12.1- All texts, comments, illustrations, images and logos displayed on the e-shop LE TEMPS DES CERISES are protected by copyright, trademark, patents and intellectual property, applicable at a worldwide level. LE TEMPS DES It is expressly forbidden to reproduce in whole or in part LE TEMPS DES CERISES or "virtual shop front" LE TEMPS DES CERISES.
12.2- LE TEMPS DES CERISES may not under any circumstances be held responsible for the hyperlinks to other websites, especially as regards the contents.
12.3- LE TEMPS DES CERISES may also not be held responsible for the hyperlinks to their own website and prohibits the creation of such hyperlink without their prior and express consent.
Article 13 – Applicable law and jurisdiction
13.1- Any order, settled in compliance with article 2, is thus governed by the terms and conditions herein, of the French version shall only prevail, and the applicable French statutory and regulatory provisions. Therefore only French law shall prevail, in all respects and without limitations.
13.2.1- In the event of a dispute relating to the application and/or interpretation of these general terms and conditions of sale, the Customer may have recourse to a conventional mediation procedure or to any other alternative dispute resolution method when a dispute is likely to be settled not directly with LE TEMPS DES CERISES. The dispute may be settled amicably by mediation with the Centre de Médiation et d'Arbitrage de Paris ("CMAP") subject to the conditions set out in Article L612-2 of the French Consumer Code.
To submit a dispute to the consumer mediator, the customer may send his request by simple or registered mail to CMAP - Service Médiation de la consommation, 39, avenue F.D. Roosevelt, 75008 PARIS, or send an email to [email protected].
In all cases, the Customer's request must contain the following elements: his postal, email and telephone contact details as well as the full name and address of INDIGO GALLERY, a brief statement of the facts, and proof of prior contact with TEMPS DES CERISES.
The Customer is also informed of the possibility to refer to the Online Dispute Resolution (ODR) platform made available by the European Commission and accessible at the following address.
The Customer may contact LE TEMPS DES CERISES electronically from the contact page.
13.2.2- Subject to the provisions of public policy and the rules of conflict of laws and jurisdictions, in the event that a dispute could not be previously resolved amicably between the parties, for any dispute likely to arise between an Internet user of the Site and LE TEMPS DES CERISES, only the French jurisdictions of which the registered office of INDIGO GALLERY is a part shall be competent, if the Internet user of the Site is a merchant.
If the Internet user of the Site is a non-commercial or a consumer, each of the parties shall be free to bring the matter before the legally competent courts, in the event that the dispute could not previously be resolved amicably between the parties.
Article 14 - Information Technology and Liberties
Any order placed and any subscription to the newsletter or loyalty programme requires the collection of information about the Customer by LE TEMPS DES CERISES and in particular personal data. The Customer declares that he/she has read the entire Privacy Policy and that he/she consents to the collection of such data under the conditions and for the purposes set out in the said Privacy Policy, which can be accessed by following this link.
The Customer guarantees the truthfulness and accuracy of the information provided by him and is invited to ensure that the information stored in his account is up to date.
Article 15 - Newsletters / Cookies
15.1- Depending on the preferences configured when opening or visiting their account, every Client is likely to receive offers from LE TEMPS DES CERISES. Any Client who wishes to not receive such offers may, at any time, request otherwise in the section “My account” then “Personal information”.
15.2- When the Site is consulted, cookies are deposited on the Client's computer and on any Internet user's mobile or tablet. The Customer declares that he/she has read the entire page dedicated to the information and management of cookies, which can be accessed via the following link: cookie management.
Article 16 - Final Provisions
16.1- In the Conditions herein, when a period is expressed in days, the day of act, the event, the decision or the notification setting into motion the period concerned shall not count. Any deadline should expire on the last day at midnight. Any deadline which shall expire on a Saturday, Sunday, on a bank holiday or rest day, shall be extended until the first following business day.
16.2- Any reference on the Website or any other material issued as part of the use of the Website, to an hour of the day, a day of the week, a month of the year as well as bank holidays or legal rest days, is, unless expressly specified otherwise, regarded as a reference to Paris legal time, to the days, months and years of the Gregorian calendar and to the bank holidays and legal rest days as applicable in Metropolitan France.
Article 17 - Loyalty Programme
Creating a Client Account gives access to the benefits of the “Cherry Community” loyalty programme valid on the website https://www.letempsdescerises.com and in stores under the “LE TEMPS DES CERISES” brand, whether branches or affiliates.
Creating a Client Account implies adherence to and acceptance of the Terms and Conditions of the “Cherry Community” loyalty programme.
Article 18 - Contest games organized on social networks
18.1 - Organising Company
The Company INDIGO GALLERY, Le temps des Cerises, SASU with a capital of 7,603,685 euros, registered with the RCS of Marseille under the number B 501 505 002, having its registered office at 13 rue Gustave Eiffel 13010 MARSEILLE, represented by Mr. Lylian RICHARDIERE, in his capacity as Chairman and Chief Executive Officer (hereinafter referred to as the "Organizing Company")
18.2 - General information
The Organising Company manages several pages on the social networks Facebook and Instagram (hereinafter "LE TEMPS DES CERISES JEANS Page(s)") on which it organises free contests with no obligation to purchase, aimed at allowing participants to win prizes (hereinafter "Game(s)"). Each Game shall be made available online for a limited time and announced by the Organising Company by a post on the relevant LE TEMPS DES CERISES JEANS Page inviting the player to participate (hereinafter the "Announcement"). The Games are governed by : - These General Conditions (hereinafter "General Conditions") which set out the common rules; - The Special Terms and Conditions specific to each Game which are published directly on the AdvertThe Special Terms and Conditions as well as amendments to the General Terms and Conditions may be published on the Website. The Games may be sponsored via Facebook and/or Instagram.
18.3 - Terms and conditions of participation
The Games are open to all natural persons of legal age, with the exception of the staff of the Organising Company and the companies that have collaborated in their organisation or production, and the members of their families. Only one entry per household and per Game will be accepted. Any entry by any means other than those specified below (in particular by telephone, fax, hand-delivery) will not be taken into account. Similarly, any entry that is incomplete, illegible, with incorrect contact details or sent after the registration deadline set for each Game in the Special Conditions will be considered invalid. A participant's proven intention to cheat or attempt to cheat, in particular by creating false identities that allow multiple registrations, may be sanctioned by a formal and definitive ban on participation in the competition. Participation in each Game implies : - having an account on the social network concerned - accepting the conditions of use imposed by the social network concerned - having read and accepted the General Conditions - to respect the mechanisms described below according to the type of Games concerned.
18.3.1 Games organised on Facebook
- The Organising Company shall publish the Game Announcement on the relevant Facebook Page. - From the Announcement, the player is invited to perform a specific action on the Facebook Page, which may consist in particular of posting or liking a comment or a publication, sending a private message to the Facebook Page, etc. - The completed action validates the player's entry into the Game. - The winner(s) of the Game will be chosen from among the registered players by random draw.
18.3.2 Games organised on Instagram
- The Organising Company shall publish the Announcement of the Game on the relevant Instagram Page. - From the Announcement, the player is invited to perform a specific action on the relevant Instagram Page, which may consist in particular in subscribing to ("following") the relevant Instagram Page, posting or liking a comment or a publication or a photo, sharing ("regramming") the Organising Company's Announcement, etc. - The completed action validates the player's entry into the Game. - The winner(s) of the Game shall be designated from among the registered players by drawing lots.
18.4 - Method of designating the winners
The winners will be chosen by random draw from among the Internet users who have fulfilled the aforementioned participation conditions. The number of winners that may be drawn and the date of the draw, if any, will be specified for each Game directly on the post.
18.5 - Prizes
The prizes to be won and their value are specified for each Game at the time of publication. The prizes are strictly personal and are not transferable. They may not give rise, on the part of the winners, to any dispute whatsoever, nor to the return of their cash equivalent, nor to their replacement or exchange for any reason whatsoever, particularly in the event of loss or theft. If the winners were unwilling or unable to take possession of their prize or to use them during their period of validity, they shall not be entitled to any compensation, and the Organising Company reserves the right to award the prize to an alternate winner. The Organising Company reserves the right to replace the prizes with prizes of equivalent nature and value, if circumstances beyond its control oblige it to do so, without incurring any liability as a result. The prizes may be subject to specific conditions of use imposed by the service provider or vendor/distributor of the prize(s), which it is up to the participants and winners to accept. The particular conditions of use of the prize(s) shall be communicated to the winners via the information e-mail referred to in article 6 below. The Organising Company shall not bear the costs of travel, accommodation and/or any other costs related to the use of the prize(s), which shall remain the exclusive responsibility of the participant.
18.6 - Informing the winners
The winners will be informed in a message published on the social network in question and/or a private message on the social network in question and will receive on this occasion all the practical information regarding the methods of collecting and using their prize. Any winner who does not respond within the time period indicated in the aforementioned information message in order to recover his or her prize shall be deemed to have forfeited the prize and the prize may be awarded to an alternate winner (see article 5 above) or not put back into play at the discretionary choice of the Organising Company.
18.7 - Verification of identity
Participants authorise any verification of their identity. Any fraudulent, false, misleading, incorrect or inaccurate indication of identity shall result in the elimination of the participant. The Organising Company may in no case be held liable in the event of identity theft or any other act of deception by one of the participants regarding their identity.
18.8 - Processing of personal data
Participants are informed that their personal data (title, surname, first name, address, postcode, etc.) collected during the Games are necessary for the delivery of the prizes. The personal data collected is not intended for the creation of a computer file of the Organising Company's customers.
18.9 - Liability
The Organising Company shall not be liable in the event of malicious intervention, connection problems, hardware or software problems, or disruptions outside the Organising Company that could affect the proper conduct of the Games. Participation in these Games implies knowledge and acceptance of the characteristics and limits of the Internet and social networks, the lack of protection of certain data against possible misappropriation or piracy and against the risks of contamination by any viruses circulating on the network. The Organising Company reserves the right to interrupt, postpone, modify, shorten, extend or cancel the Games if circumstances so require (in particular if the smooth administrative and technical running of the Games is disrupted by a virus, computer bug, unauthorised human intervention or any other cause beyond the control of the Organising Company). The Organising Company may not be held liable in this respect. In the event that the prizes are sent by post or electronically, the Organising Company provides no guarantee and assumes no responsibility or obligation as to the prizes other than that of sending them to the winners. In this regard, the Organising Company may not be held liable in the event of loss and/or deterioration of the prize(s) by the Post Office or by any postal transport company or in the event of defective operation of the services of the Post Office or of any postal transport company, nor in the event of malfunctioning of the Internet network, telephone lines or reception equipment preventing the proper delivery of electronic mail. The Organising Company declines all responsibility for all incidents and accidents that may happen to the winners during the enjoyment of their prizes or that may affect said prizes.
18.10 - Application of the rules
Participation in these Games implies full and unreserved acceptance of the General Rules and Special Conditions. No oral or telephone request concerning the interpretation or application of the General Rules and Special Conditions will be answered. Any dispute or claim relating to these Games must be made in writing and may not be taken into consideration after a period of 1 (one) month from the closing date of each competition. Any disputed interpretation of the General Rules and the Special Conditions, as well as all cases not provided for, shall be decided by the Organising Company on a sovereign basis. The conduct of the Games and the interpretation of the General Rules and Special Conditions are subject to French law. Any fraud or non-compliance with the General Rules and/or the Special Conditions may result in the exclusion of its author from the Games, with the Organising Company reserving the right, where applicable, to take legal action against the author.
In the context of the GDPR law, we pay particular attention to the protection of your data, and we invite you to visit the website to find out more. and to direct them to the website.