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General Terms of Use

GENERAL TERMS OF USE OF TRANSFERTPRESS
Version dated 7 December 2021

 

These general terms of use (“GTU”) will govern how any User may visit and use the Website developed by TRANSFERTPRESS, a company incorporated by the Registrar of Companies of Lille under number 525152880, having its registered office at 1, rue Norbert Segard, 59223 Roncq (“TRANSFERTPRESS”)


1.    DEFINITIONS

 

In the GTU, capitalised words will have the following meanings:


•    Website: the TRANSFERTPRESS Website, namely www.transfertpress.fr


•    Account: personal space created by the User to order products from TRANSFERTPRESS


•    User(s): any individual having access to the Website


•    Identifier: information required to identify a User to use his/her customer account


•    Publisher: the legal entity or individuals in charge of the publishing and content of the Website

 

2.    LEGAL INDICATIONS

 

The www.transfertpress.fr Website is owned and published by TRANSFERTPRESS, a company incorporated by the Registrar of Companies of Lille under number 525152880, having its registered office at 1, rue Norbert Segard, 59223 Roncq, Intracommunity VAT No. FR 75 52 51 52 880, represented by Mr Stéphane DESSEAUX


For any Contact :


-    Phone: +33 (0)3 20 16 14 61
-    Email: contact@transfertpress.com
-    Website: www.transfertpress.com

 

Hosting : The Website is hosted by NOVACENS/OVH, 14, rue Louis Neel, 59260 LEZENNES, France

 

Development : The Website is developed by NOVACENS, 14, rue Louis Neel, 59260 LEZENNES, France


The Publishing Director is Mr Stéphane DESSEAUX.


3.    PURPOSE

 

These general terms of use of the Website represent the terms of an agreement applicable to the User of www.transfertpress.fr.
The specificities of this agreement will be effective as soon as the user browses on the Website.
The user acknowledges that he/she has carefully read these general terms of use and undertakes to observe them unreservedly.


4.    CREATION OF THE ACCOUNT

 

In order to place orders using the Website, the User shall create a user account by filling in a form. The information should be true and accurate.


After creating a User account, it is possible to get an identifier and password, which are required to get access to the Website. The password is strictly personal and confidential. It should be treated with secrecy and not be disclosed. The User is fully responsible for protecting the password which he/she selected.


One account only may be created for each person, in particular to receive promotional offers from TRANSFERTPRESS.


If the password has been forgotten, the user may generate a new one. This password is the guarantee of the confidentiality of information contained in his/her account.


Any User who has not yet placed an order on the Website may decide at any time to delete his/her account by contacting TRANSFERTPRESS at the following email address: contact@transfertpress.com


TRANSFERTPRESS will reserve the right of putting an end to the use of the Application at any time by de-activating the User’s account in the case of non-compliance with the GTU or fraudulent use of the account.


5.    INTELLECTUAL PROPERTY

 

The publisher’s trademarks and logos shown in the Website are registered trademarks and the use thereof is banned. The overall structure, software, texts, images, videos, sounds, know-how, animations and in general all information and content included in the Website is owned by the publisher and is subject to a right to use the same.


The content presented on this Website is covered by copyright. Any reuse of the videos, photographs, graphic creations, illustrations and glossaries as well as all editorial contents produced for the editorial animation of the Website depends on the prior consent of the author, subject to such exceptions as may be stipulated by Section L. 122-5, French code on intellectual property.


Information may not be used for commercial or promotional purposes without the publisher’s express permission or if the license to re-use public information has not been secured. The development of any product or service intended to be made available to third parties either free of charge or for valuable consideration, on the basis of public information, will be considered as re-use for commercial or promotional purposes.


6.    PERSONAL DATA


6.1    All personal data which may be collected on the Website is subject to automatic computer processing declared by TRANSFERTPRESS in compliance with Law No. 78-17 on Information technology and Liberties, 6 January 1978, as amended.


The data provided by the user will be collected:


•    During browsing on the Website
•    When activating the personal space
•    When placing an order on-line



6.2    TRANSFERTPRESS will process the User’s personal data to give the User access to his/her User account. The processing operation handled by TRANSFERTPRESS therefore falls into the scope of Section 6-1) b) Regulation 2016/679 of the European Parliament and Council, 27 April 2016 on the protection of data (“RGPD”) by virtue of which processing is lawful if it is required for the performance of an agreement to which the data subject is a party.

6.3    The personal data collected on the Website result from the explicit approval of the User regarding the disclosure of information via forms submitted. Some data reported as mandatory should be filled in; otherwise, the signing-up procedure may not be taken into account. TRANSFERTPRESS will only process or use Users’ data to the extent where this is necessary; some information collected is specifically dedicated to the creation of a user account and other information is collected for statistical purposes. Personal data collected on the Website result from the explicit consent from the User to disclose information on the Website.

6.4     Personal information will be retained for a period of time not to exceed 5 years, except if the User exercises his/her right to delete his/her personal data.

6.5    TRANSFERTPRESS will deploy all appropriate resources to guarantee the confidentiality and security of your personal data so as to prevent their damage, deletion or access by non-authorised third parties. Access to personal data will be strictly limited to employees and agents of the company, authorised to process said data because of their duties, and to subcontractors, as the case may be. The relevant subcontractors will be subject to a confidentiality obligation and may only use data in compliance with the terms set out in our agreements and the law applicable.  Except for cases listed above, TRANSFERTPRESS undertakes not to sell, rent, assign or give access to data to third parties without the User’s prior express consent, unless it is forced to for a reasonable cause (legal obligation, fight against fraud, or abuse, exercise of rights as defendant etc.)

However, if an incident affecting the integrity or confidentiality of the User’s information is notified to TRANSFERTPRESS, it shall give the User notice thereof in a timely manner and state corrective actions taken. TRANSFERTPRESS will not collect any “sensitive data”.

6.6     TRANSFERTPRESS thereby undertakes not to use data collected for any other purpose than that for which they were collected. TRANSFERTPRESS also undertakes to comply with the period of preservation of data based on the purpose thereof and to record or destroy them in compliance with the CNIL instructions.

6.7    Pursuant to Law No. 78-17, 6 January 1978, as amended in 2004 and then later since 25 May 2018 on Information Technology, files and liberties, any User will be made aware that he/she has, in compliance with and within the limits of the RGPD articles:



•    The right to get access to (Section 15, RPG), correct (Section 16, RPG) and update or complement users’ data, or to lock or delete Users’ personal data (Section 17, RGPD) when they are inaccurate, incomplete, ambiguous, obsolete or when the collection, use, disclosure or preservation thereof is forbidden;
•    The right to withdraw any approval at any time (Article 13-2C, RGPD);
•    The right to restrict Users’ data processing (Article 18, RGPD);
•    The right to object to User’s data processing (Article 21, RGPD);
•    The right to transfer data furnished by Users when these data are automatically processed based on their consent or on an agreement (Section 20, RGPD);
•    The right to define what should be done with Users’ data following their death and choose to whom TRANSFERTPRESS shall disclose (or not) his/her data intended for a previously designated third party. As soon as TRANSFERTPRESS is aware of the death of a User, and failing instructions on his/her part, TRANSFERTPRESS undertakes to destroy his/her data, save if the preservation thereof is necessary for the purpose of proof or to observe any legal obligation.

 


6.8    For any request from the User related to his/her personal data, he/she may exercise his/her rights with the company by specifying his/her request with a copy of his/her valid ID at the following address: 1, rue Norbert Segard, 59223 Roncq, France.

7.    COOKIES


During your visit on the Website, cookies may be left on your computer, tablet or smartphone.
A “cookie” is a small text file that contains information specific to the Website’s user. It will be stored on the Internet user’s hard disk and may only be read by the server which provided it.
For example, cookies help us remember your username during your next visit, understand your interactions with our contents and improve such content based on the information collected.


Purpose of cookies used
TRANSFERTPRESS makes a limited use of “cookies”, to simplify your browsing experience on the Website, optimise Website visiting, make audience measurements. Cookies will be kept for no more than 12 months.
In this case these are:


•    Cookies necessary for the proper operation of the Website: these are cookies that are critical for the monitoring and registration of Customer accounts on the Website. Without these cookies, some Website settings might not work properly;
•    Functionality cookies: these are cookies that are critical for Website browsing. These are cookies used to remember choices made during visits. We may, for example, retain the geographic location in a cookie to suggest businesses or events around this location.
•    Traffic analysis cookies: these cookies keep track of the browsing experience of Internet users to establish consultation statistics and follow Website performance. These data enable us to improve the Website and provide better user experience. In this case, the system is limited to measuring traffic and falls into the scope specified in Section 5 of Guidelines relating to cookies and other trackers


If you do not want this technology to be used, you may deactivate this function in your browsing software program while keeping an access to the Website. This may restrict your capacity to use/benefit from some functionalities on our Website.


Managing cookies
At the first session of Internet users on the Website, a cookies banner will appear on the home page. A clickable link will make it possible to know more on the relevance and operating mode of cookies. Continuing browsing on another page on the Website or selecting an item on the Website (image, link, “search” button…) will imply that Internet users accept the use of cookies.
You may choose to deactivate cookies at any time.
Settings may also be defined in your browser to report cookies left in your browsing software program and ask you if you want to accept them or not.
You may accept or reject cookies on a case-by-case basis or systematically reject them. Please note that the definition of settings may change conditions of access to our content requiring the use of cookies. Please note that deleting certain cookies may change your conditions of access to our Website.

8.    AVAILABILITY OF WEBSITE


The Publisher will exercise its best efforts to allow continuous access to the Website, save in the event of a case of force majeure or event beyond its reasonable control, subject to any breakdowns and maintenance operations required for the proper operation of the Website and services.
Availability of the Website and/or services and reliability of transmissions and performance in terms of response time or quality may therefore not be guaranteed.
The publisher’s liability may therefore not be incurred in case it is impossible to get access to the Website and/or to use services.


The publisher may have to interrupt the Website or part of services at any time without notice, without being entitled to compensation. The user acknowledges and accepts that the publisher is not liable in case of interruptions or of the resulting effects for the user or any third party.
The Publisher’s liability may not be incurred in the case of any default, breakdown, difficulty or interrupted operation preventing access to the Website or any of its functionalities. The User will be solely responsible for the equipment used for logging on to the Website and the User shall take any appropriate actions to protect the equipment and data, including with respect to Internet virus attacks. The user is also solely responsible for the Websites and data which he/she views.


9.    AMENDMENTS TO GENERAL TERMS OF USE


TRANSFERTPRESS reserves the option of amending the General terms of use at any time. The User will be given notice of these amendments via any appropriate means. A User who does not accept the amended general terms should unsubscribe. Any User using the Website subsequently to the effective date of the amended general terms will be deemed to have accepted these amendments.


10.    LIABILITY - FORCE MAJEURE


TRANSFERTPRESS will exercise its best efforts to protect users’ personal data from and against any damage, loss, misappropriation, breach, disclosure, tampering or destruction.


The obligations of the company hereunder are limited to a best-efforts obligation.


TRANSFERTPRESS will accept no liability for any consequential and/or indirect damage, including, without limitation, loss of revenue, financial losses and/or loss of business following the use of the Website or not.


The Publisher’s liability may not be incurred as a result of any technical non-availability of the connection whether due to a case of force majeure, maintenance, updating, change, action from the host, internal or external strike, network failure, power shortage, or poor configuration or use of the User’s peripheral.


Events beyond the reasonable control of TRANSFERTPRESS, which cannot reasonably be predicted will be considered as cases of force majeure in view of the obligations of TRANSFERTPRESS. This will also apply under any circumstances, including cases of uprising, acts of terrorism, machine breakage, fire, storm, strike, legislative or regulatory provisions, blocking of computer and telecommunications networks (including commuted networks of telecommunications operators), power grid failures, losses of Internet connectivity, which may prevent or hamper the performance hereof.


Information available on the Website is provided for information only. Information disseminated on the Website may not be guaranteed as accurate, complete or up to date, despite the care applied while updating official statutes and checking content.


The Publisher will not accept liability for any information put online.
The User therefore acknowledges that he/she uses this information, thereby incurring his/her own liability. The publisher may not be held liable for any damage of any type whatsoever, resulting from the interpretation or use of information and/or documents available on this Website or which may result from access to or use of the Website, including lack of accessibility, loss of data and/or existence of viruses on the Website.
Information and/or documents available on this Website may be changed at any time and may be updated.


11.    LAW APPLICABLE - JURISDICTION


These General terms of use will be governed by and interpreted according to French law. French law will determine the law applicable on a case-by-case basis. Failing any mandatory provision stipulating otherwise or in the presence of any choice while determining law applicable, French law will be applied.
The Parties agree to exercise their best efforts to settle out of court any dispute as may arise from the interpretation, performance and/or termination of these General Terms of use.
In the case of dispute involving any commercial users, the Court of Lille (France) only will entertain jurisdiction, even for emergency matters, introduction of third parties, interlocutory application or multiple defendants.