The Company M. CHAPOUTIER SA provides you website features and other products and services when you visit and make purchases on the website www.chapoutier.com (the "website"). Please read these terms carefully before using the website. By using the services offered by the website, you agree to be subject to these conditions.
- 1. ELECTRONIC COMMUNICATIONS
When you use the services offered on the website or send us emails, SMS or other communications from your fixed or mobile equipment, you communicate with us electronically. We will communicate with you electronically by various means, such as by email, SMS, or by posting emails or communications on the website. For contractual purposes, you agree that all agreements, information, disclosures and other communications that we send to you electronically fulfil all legal obligations to communicate in writing, unless a specific mandatory law imposes another method of communication.
- 2. INTELLECTUAL PROPERTY, COPYRIGHT AND PROTECTION OF DATABASES
All content present or made available on the website, such as text, graphics, logos, buttons, images is the property of the Seller, its affiliates or its content providers and is protected by French and International Intellectual Property Law as well as copyright law and database protection law. The compilation of all content present or made available through the website is the exclusive property of the Seller and is protected by French and international Intellectual Property law and database protection law.
You must not extract and / or systematically reuse parts of the content of the website without our express written permission. You should not use a data extraction robot, or any other similar data collection or extraction tool, to retrieve (in one or more times), to reuse a substantial part of the website, without our express and written agreement. You also must not create and / or publish your own databases that contain substantial parts (i.e our prices and product lists) of the website without our express written consent.
- 3. REGISTERED TRADEMARKS
The graphics, logos, page headers, buttons, scripts and service names included or made available on the website are trademarks or visuals of the Seller. Seller's trademarks and visuals may not be used for products or services that are not owned by the Seller, or in any manner that could cause confusion among customers, or in any manner that disparages or discredits the Seller. All other trademarks that do not belong to the Seller and appear on the website are the property of their respective owners, who may or may not be affiliated, related or sponsored by the Seller.
- 4. LICENCE AND ACCESS
- 5. YOUR PERSONAL ACCOUNT
You may need a personal account to use certain arrangements of the website and you may be required to log into the account and have a valid payment method associated with it. If you have a problem using the payment method you selected, we may use any other valid payment method associated with your account.
If you use any services offered by the website, you are responsible for maintaining the confidentiality of your account and password, restrictions on access to your computer and other equipment, and within the limits of what is authorized by Applicable law, you agree to be responsible for all activities that have been conducted from your account or with your password. You must take all necessary steps to ensure that your password remains confidential and secure and must inform us immediately if you have reason to believe that your password is known to anyone else, or if the password is used or likely to be used in an unauthorized manner. You are responsible for the validity and completeness of the information you have provided to us and must inform us of any changes in this information. You can access your information in the "your account" section of the website.
- 6. ORDER
6.1. STAGES OF CONCLUSION OF THE CONTRACT
To place an order, you first accumulate an online shopping basket by choosing the selected products and the desired quantities, and afterwards clicking on the “Place Order” button and then entering information about delivery and the means of payment.
You acknowledge a payment obligation by clicking on the “Payment Approving Order” button, in compliance with the terms of Art. L. 221-14 of French consumer protection legislation (the Code de Commerce).
Before clicking on this button, you can verify the details of your Order and its total price, download the GSCs and the cancellation form, and return to previously-visited pages to correct possible errors or modify the order if desired.
After confirming the content of your order, you finally approve it by making payment. The order will only be firm after paying the corresponding price.
To comply with the terms of Art. 1127-2 of French civil law (the Code Civil), an email acknowledging the Order and its payment will be sent by the Seller without unjustifiable delay.
After conclusion of the contract, and by not later than the moment of delivery, in compliance with Art. L. 221-13 of French consumer protection legislation, the Customer will receive – in durable form – an order confirmation email itemizing the products ordered, the price including VAT, and the delivery charges, with a copy of the GSCs and the cancellation form.
6.2. MODIFICATION OF THE ORDER
Any modification to the Order by the Customer after confirming the Order is subject to acceptance by the Seller.
6.3. ARCHIVING AND PROOF
Messages, Order forms and invoices will be archived on a reliable and durable medium, to constitute a faithful and durable copy in compliance with Article 1348 of French civil law (the Code Civil), the which copy will be compliant with Article 1379 of French civil law.
These messages, Order forms and invoices can be produced as proof of the contract and its conditions.
6.4. UNAVAILIBILITY OF ORDERED GOODS
As stated in Art. 6, if products ordered are not available for delivery, the Seller will immediately inform the Consumer, and may propose another product of equivalent quality and price.
If the Consumer does not agree, he/she/it is reimbursed amounts paid within fourteen days after making payment.
- 7. PAYMENT
7.1. MOMENT OF PAYMENT
Products ordered are payable in full at the time of ordering, in euros.
An invoice established in euros including VAT will be issued by the Seller and sent to the Customer at the specified billing address.
In the event of non-payment or rejection of payment authorization by an accredited organization, the Order will be rejected.
7.2. TERMS OF PAYMENT
Payment is made immediately during ordering, by payment card, or by bank check sent to the Seller's registered offices address, such as stated in Article 1.1, or by money order or transfer.
7.3. SECURING OF PAYMENT
Payment cards are processed via the MERCANET secure platform operated by BNP PARIBAS, which is integrated into the chapoutier.com Site. MERCANET secures transactions using 3D SECURE (VISA SECURE).
- 8. PROTECTION OF PERSONAL DATA (GDPR)
In the context of the order and / or the use of the products, services or services via the Site, and after their consent has been collected for this purpose, and in compliance with the stipulations below, the Site User/customer personal data are collected by Mr. CHAPOUTIER SA. Indeed the information collected through the form that the user/customer has completed or the use of the Site (navigation data and connection) are required to meet the User/Customer’s requests, and are intended for the seller – as “controller” for processing the data - for administrative and commercial management purposes, as well as for its contractual partners who contribute to the provision of the services offered, in particular for the home delivery of products .
The personal data collected by the S.A M. CHAPOUTIER can also be used within the framework of direct marketing operations carried out by mail, SMS, MMS or email, but only after the prior consent of the customer. In accordance with the legal obligations, the seller retains this information in conditions of reinforced security and with durations limited in time, proportional to the purposes for which the Customer has communicated them to him. They are only used for these purposes: more specifically to process the Customer's orders via the Site, to allow the Customer to benefit from the services offered by this Site, if appropriate to send the Customer business proposals likely to interest him, or to send back to the Customer the information he may have requested from the seller by filling out questionnaires or sending an e-mail, via the "Contact" section or by any other equivalent section.
PERSONAL DATA OBJECTS OF A COLLECTION
The personal data collected are as follows:
(i) the information provided by the User by completing the forms relating to the creation of his account and / or relating to his orders and / or relating to his identification, or by communicating with the seller (by any means of communication or online communication, or by answering questionnaires or satisfaction surveys);
(ii) in particular the name, type, date and place of birth of the Client / User, as well as his contact details such as his postal address, his e-mail address, telephone numbers, electronic signature, possible data of his card national identity (and in any case its age to the extent that products are reserved for adults);
(iii) as well as in particular the information relating to the contractual and commercial relationship between him and the seller (in particular the details of the products and services ordered by the Customer);
(iv) the banking (banking coordinates, card numbers) and transactional information of the Customer;
(v) as well as data collected through cookies and similar technologies used on the Site (including IP addresses) and in electronic messages to recognize the Customer, remember his preferences and, where appropriate, to present him with content likely to interest him.
This personal data can only be communicated to the seller by the Clients concerned by the said personal data and each User is prohibited from communicating personal data of another person and / or personal data which does not do not concern.
LEGAL INFORMATION AT THE DESTINATION OF THE USER
The legal information required to be given to the Client, notified to the User before his / her personal data are collected, and separately from any other information, in accordance with the provisions in force, are as follows:
(a) Identity and contact details of the person responsible for the processing of personal data (hereinafter 'processing'):
The identity and contact details of the Person in charge of the processing of personal data are as follows: the company M. CHAPOUTIER, SA with a capital of 5,498,500 euros, registered with the Trade and Companies Register under the number 435 580 477, of which the head office is located at 18, avenue Doctor Paul Durand 26600 TAIN L'HERMITAGE, taken in the person of its CEO Michel CHAPOUTIER.
(b) Contact details of the Data Protection Officer:
User / Customer requests regarding personal data that can be addressed to: [email protected]
(c) Purposes of the treatment:
The purposes of the processing for which the personal data are intended are as follows:
(i) identification of persons ordering products via the Site and / or services or services accessible via the Site;
(ii) delivery and / or realization by the seller of products and / or services ordered by the Customer;
(iii) management of products or services ordered and / or used by the Customer;
(iv) prospecting and / or sending information to Users / Customers.
(d) Legal basis of treatment:
The legal basis of the treatment is as follows:
(i) the processing is necessary for the execution of the contractual relationship that the User wishes to establish with the Seller by ordering and / or using services and / or services, such personal data being necessary for the delivery products or performance of services ordered by the User;
(ii) the processing is also necessary to protect the Seller's legitimate interests by allowing him to retain evidence of transactions with the Customer and / or, where appropriate, recover;
(iii) the processing is based on the consent of the User wishing to order products and / or services or services via the Site;
(iv) the treatment being administered in accordance with the provisions of Law No. 78-17 of 6 January 1978 as amended by the so-called "LIL 3" Law, and of EU Regulation 2016/679 of 27 April 2016 (RGPD) and other provisions applicable law (hereinafter the "Regulations in force").
(e) Recipients of personal data:
The recipients of the personal data are: the personnel of the Seller in charge of the realization and / or the management of the products or services ordered and / or used by the Customer, the delivery and / or realization by the seller of the products, services and / or services ordered and / or used by the User, as well as, as the case may be, the subcontractor service providers involved in the performance of these services and having to intervene as such on the treatments (only when necessary) , being then specified that in such a case this is done in compliance with the current regulations applicable to subcontractors.
(f) Transfer of personal data;
The User / Customer is informed that the data controller may, if necessary, transfer his personal data to a third country or to an international organization subject to an adequacy decision issued by the European Commission being specified that, in the case of a transfer to a country or an international organization not subject to a decision of adequacy, this can only be done if the appropriate safeguards and that the Users concerned have enforceable rights and effective remedies, under the conditions of the Regulations in force.
(g) Retention period of personal data:
Your personal data are kept for a period of time in accordance with legal provisions or proportional to the purposes for which they were recorded. Some retention periods meet the legitimate interest of the seller.
The personal data being necessary for the realization, the management and / or delivery of the orders realized via the Site, the personal data of the Customer are kept as long as the Customer is likely to be able to place orders, that is to say as long as he has not stated his intention to no longer be a customer of the Seller or to no longer see his personal data stored, via a request made by him addressed to the following address: [email protected] (in accordance with the stipulations below).
The retention periods vary depending on whether we have a current contractual relationship (you are an active customer), that we have had with you in the past a contractual relationship (you are an inactive customer) or that we have never had with you such relationship (you are then a prospect). The data related to your browsing on our online services collected by the cookies you have authorized have a specific shelf life.
The table below lists the main retention periods for your data.
Data concerning a prospect
Constitution and management of a prospect file
3 years from the data collection or from the last contact that was established with the prospect.
Data concerning an active client
Management of client’s account
During the whole contractual relationship
Data concerning an inactive client
Data related to the execution of the contract
Management of client’s account, orders, deliveries, billing and payment
5 years after the end of the contract or from the last contact that was established with the inactive client
Identification and contact data – inactive client
Sending information on the evolution of our offers
5 years after the end of the contract or from the last contact that was established with the inactive client
Identification and contact data – Newsletters subscribers and/or web account
Sending information on the evolution of our offers
3 years from the unsubscription or from the last contact established with the client
Data generated by the cookies
Data related to your browsing on our online services
Operation and optimization of services
Attendance measures. Customization of content and advertisements
13 months maximum
In any case the Seller, regularly reviews the information he holds. When their retention is no longer justified by legal, commercial or customer account management requirements, or if they have used a modification or erasure right, they will be securely deleted.
(h) Rights of the User / Customer that can be exercised with the controller:
The User / Customer is informed of the existence of his right to ask the person in charge of the
treatment (as identified above):
- access to his personal data and any available information as to their source;
- rectification or erasure of these;
- a limitation of the processing of his personal data;
- the opposition of the User to the processing of his personal data;
- the opposition of the User at any time to the processing of his personal data for prospecting purposes, including profiling;
- the portability of his personal data under the conditions of the Regulation in force, which states in particular that the persons concerned by the processing of such data have the right to receive the personal data concerning them which they have provided to a person in charge of processing, in a structured, commonly used and readable format, and have the right to transmit this data to another controller without the data controller being the subject of the data being obstructed when (i) the processing is based on consent under the Regulations in force, or a contract under the Regulations in force, and (ii) where the processing is carried out using automated processes, provided that the data subject exercises his or her right the portability of his personal data, he has the right to have them directly from one controller to another, where technically possible.
- the withdrawal by the User, at any time, of his consent to the processing of his personal data (without prejudice to the lawfulness of the treatment based on the consent made before the withdrawal of the latter).
The exercise by the User of his rights as identified in this (h) is carried out by means of a request made by him and addressed to the following address: SA M. CHAPOUTIER, Customer Service VAD, 18 Dr Paul Durand Avenue - BP 38 - 26 600 TAIN L'HERMITAGE, Tel. +33 (0) 4 75 08 92 64, or to the e-mail address [email protected]. Where necessary, it is stipulated that the exercise by a User of his right to the erasure of his personal data and / or the exercise of his right to object to the processing of his data and / or the exercise of his right to a limitation of the processing of his personal data and / or his right to withdraw his consent at any time to the processing of his data (in accordance with the stipulations referred to above) leads to the possibility of products or the performance of the services ordered and / or used by the Client, so that in such cases:
(i) as of the exercise by the User of the said rights, he will no longer be able to access the services and services delivered by the Seller via the Website;
(ii) if these rights are exercised at the time of the order of products or services, then said order can not be made;
(iii) and, if the Customer holds an account, this account receiving his personal data will be deleted.
(i) Complaint to the CNIL
The User / Customer is informed of the right to lodge a complaint with the supervisory authority, the National Commission for Data Processing and Freedoms (CNIL): 3 Place de Fontenoy - TSA 80715 - 75334 Paris 07.
(j) Information on the contractual nature of the supply of personal data
As part of the provision to the User / Customer of information on the question of whether the requirement of supply of personal data is of a regulatory or contractual nature or whether it determines the conclusion of a contract and whether the person concerned is obliged to provide the personal data, as well as on the possible consequences of the non-supply of these data, the following information is brought to its attention:
(i) the request for the supply of personal data is of a contractual nature (within the framework of the relationship that the User wishes to establish with the seller by placing an order for products or services and / or using its benefits);
(ii) the provision of such data, in that it is necessary for the delivery / realization of the ordered goods / services, conditions the conclusion of this contractual relationship;
(iii) as such the User is obliged to communicate his personal data if he wishes to order and / or use products / services from the seller via the Site;
(iv) the non-provision of such personal data does not permit the ordering of products / services from the Seller.
(k) Automated decision making
It is stated that the personal data collected does not lead to automated decision-making within the meaning of the Regulations in force.
(l) Possible further processing of personal data
In the event of further processing of the personal data for purposes other than those for which the data was collected and as identified above, the controller shall provide the data subject with prior information to the data subject. subject of this other purpose and any other relevant legal information required.
- 9. COOKIES
Traffic data and the cookies planted by M. CHAPOUTIER SA plants on your computer are used to enable recognition of the Customer during a future visit, to personalize the Site with the Customer's name, to secure transactions that the Customer may perform, to temporarily remember articles that the Customer may want to order, until completion of the transaction, and to enable M. CHAPOUTIER SA to internally analyze the visitation of the Site's information pages, so as to enhance their content. Data concerning the Customer's browsing is not used in a personally-identifying form; such data is aggregated statistics revealing the pages most and least popular, preferred paths, levels of activity by day, week and hour of day, and the principal Customer or server errors. Without cookies, M. CHAPOUTIER SA cannot fulfill certain requests. If a Customer does not delete cookies (via the Web Tools/Settings of his/her browser), the information is stored on their device permanently. You can prevent the saving of such cookies by configuring your browser as follows:
For Mozilla Firefox:
- Open the “Tools” menu and choose "Options"
- Click on the “Privacy” icon
- Look for the “Cookies” menu and choose the settings you prefer.
For Microsoft Internet Explorer:
- Open the “Tools” menu, then choose “Internet Options”.
- Click on the "Confidentiality” tab.
- Select the desired level, using the pointer.
- Click on this icon in the Chrome menu
- Choose Settings.
- At the bottom of the page, click on “Show advanced settings”.
- In the “Privacy” section, choose the “Web content” settings.
- Select the desired level in the cookies section.
- Click on OK
- Open the “Preferences” menu.
- Click on the “Security” tab.
- Click on “Only from visited sites”.
- Open the “Preferences” menu.
- Click on the “Privacy and Security” tab.
- Click on “Enable creation of local data” in the “Cookies” section.
For SRWare Iron (Mac):
- Go to Preferences.
- In “Settings”, choose “Show advanced settings”.
- Choose “Privacy” / “Content Settings”.
- Make your desired choices in the cookies section.
Personal information harvested is only intended for the Publisher and Seller. It undergoes the processing necessary for handling the Order and managing relations with the Customer.
In compliance with the French law 78-17 of January 6, 1978, subsequently amended, the Customer is within his/her/its rights at any time to exercise a right of opposition, access, modification, rectification and erasure in respect of their personal information.
To exercise this right, the Customer should contact the publisher and Seller, M. CHAPOUTIER SA, Online Sales Customer Service, at 18 Avenue Docteur Paul Durand, P.O. Box 38, 26600 TAIN L’HERMITAGE;.or by calling +33 475 089 264, or by email to [email protected].
The personal information gathered by M. CHAPOUTIER SA may also be used for direct marketing operations by postal mail, text message, multimedia message or email, after the Customer's prior consent has been granted. However, M. CHAPOUTIER SA may also use personal information for marketing operations involving similar products. The Customer can oppose the use of his/her personal information for marketing, data harvesting or any future purpose, by writing to the Seller at the above-mentioned address.
- 11. WAIVER
- 12. MINORS
We do not sell products to minors. If you are under 18, you may only use the website under the supervision of a parent or guardian. Product offers containing alcohol are intended for adults. You must be at least 18 years of age to purchase alcohol or use any alcohol feature on the site.
- 13. SETTLEMENT OF DISPUTES
Before any problem or complaint evolves into a dispute, the Customer is invited to contact us, either by email via the “Contact” page, or by email or postal mail to the Sales Administration Department,
M. CHAPOUTIER SA, Online Sales Customer Service, 18 Avenue Docteur Paul Durand, 26600 TAIN L’HERMITAGE; Tel. +33 475 089 264; [email protected]
Any differences that persist despite this prior reconciliation attempt, concerning the validity, the interpretation, the fulfillment or non-fulfillment, or the freezing or termination of the contract, can be put to the consumer affairs mediation process.
Under the terms of Art. L. 612-1 of French consumer protection legislation, every consumer has the right to free-of-charge recourse (except any costs of having oneself represented by a lawyer) to a consumer affairs arbitrator in view of arriving at an out-of-court settlement of the dispute with a professional service provider, within one year following the filing of a written complaint with the Seller's organization.
Consumers can usefully consult the following sites about this subject:
- concerning the consumer affairs mediation process in France: www.mediation-conso.fr
- concerning disputes with parties in other countries: European Consumer Centre France: www.europe-consommateurs.eu
In compliance with Article L. 616-2 of French consumer protection legislation (the Code de la Consommation), the Customer is hereby informed that there is an online resource maintained by the European Commission for registering complaints about online purchases by European consumers, for their subsequent hearing by national arbitrators with due jurisdiction; this European platform for extrajudicial settlement of online commerce disputes is available at: https://ec.europa.eu/consumers/odr/.
In the case of French Customers, in the interim until the appointment of a consumer affairs arbitrator for its particular field of business, the Seller proposes referral to the Centre for Mediation and Arbitration of Paris (CMAP, Consumer Affairs Mediation Service, 39 Avenue Franklin D. Roosevelt, 75008 PARIS; website: www.cmap.fr).
Barring special exceptions, a dispute may only be heard by one single arbitrator. The settlement proposed by the arbitrator is not obligatorily binding on the Parties to the contract.
In the event of a dispute concerning the contract, a Consumer always has the possibility of filing a conventional arbitration case or of recourse to any alternative dispute settlement process.
- 14. APPLICABLE LAW
E-commerce is subject to the legislation of the member State in which the person involved in the transaction is resident, when such is the common intention of the parties, notably the person being the recipient of the goods.
Any physical person or moral entity conducting e-commerce is duly liable to the buyer for the proper fulfilment of its obligations resulting from the contract, whether these obligations are to be fulfilled by itself or by other service providers, without prejudice to its right of recourse against these parties.
The sales contract and these GSCs are subject to French law. However, Customers resident in another member State than France are not deprived of the protection granted by the obligatory provisions of legislation in their country of residence.
In the event that an out-of-court settlement cannot be achieved, disputes concerning orders placed on the Site will be under the sole jurisdiction of French courts, even in cases of multiple defendants and invocation of guarantee coverage.
- 15. LEGAL INFORMATION
The website belongs to M.CHAPOUTIER S.A.
18 avenue du Docteur Paul Durand
26600 Tain l'Hermitage - FRANCE
SA au capital de 5.498.500 euros
RCS Romans B 435 580 477 00014
Telephone : +33 (0)4 75 08 92 61
Directeur de la publication : Corinne Chapoutier
Déclaration CNIL : 1132348
10 ter, rue Pasteur
26500 Bourg les Valence – France
Telephone : +33 (0)4 75 82 81 01