General Conditions of Use of the Website
The HOTEL FAC ET SPERA SAS Company provides you with website functionality and other products and services when you visit the www.facetspera.fr website (the “website”) and make purchases on the website. Please read these conditions carefully before using the website. By using the services offered by the website, you agree to be subject to these conditions.
The term “Client” refers to any adult or legal person visiting the www.facetspera.fr website, whether or not they make purchases on the www.facetspera.fr website, or whether has created and access to a customer account or not.
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 are communicating 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 meet all legal obligations with respect to written communication, unless a specific mandatory law requires another mode 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 law French and international intellectual property, copyright and database protection. The compilation of all the content present or made available through the website is the exclusive property of the Seller and is protected by French and international intellectual property and database protection law.
You must not systematically extract and / or reuse parts of the content of the website without our express written permission. In particular, you must not use a data suction robot, or any other similar data collection or extraction tool to extract (in one or more times), to reuse a substantial part of the website, without our express and written agreement. You must also not create and / or publish your own databases which would include substantial parts (ex: our prices and our lists of products) of the website without our express written agreement.
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. The Seller’s brands and visuals cannot be used for products or services that do not belong to the Seller, or in any way that could cause confusion among the customers, or in any way that disparages or discredits the Seller. All other brands which do not belong to the Seller and which appear on the website are the property of their respective owners, who may or may not be affiliated, linked or sponsored by the Seller.
4. LICENSE AND ACCESS
5. YOUR ACCOUNT
You may need a personal account to use certain terms on the website and you may be asked to log into the account and have a valid payment method associated with it. In the event of a problem using the payment method you have selected, we may use any other valid payment method associated with your account.
If you use any service offered by the website, you are responsible for maintaining the confidentiality of your account and password, for 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 carried out from your account or with your password. You must take all steps necessary to ensure that your password remains confidential and secure, and must notify us immediately if you have reason to believe that your password is known to someone else, or if the password is used or may be used in an unauthorized manner. You are responsible for the validity and completeness of the information you have provided to us, and must notify us of any changes to that information. You can access your information in the “your account” section of the website.
You must not use the website in a way that would cause, or is likely to cause an interruption, damage, or alteration of it, or for a fraudulent purpose, or in relation to a crime or illegal activity , or in order to cause disturbance or nuisance. We reserve the right to deny access, close an account, remove or modify content if you are in violation of applicable laws, these Terms of Service or any other terms, conditions, guidelines or policy of the Seller.
6. PROTECTION OF PERSONAL DATA (GDPR)
As part of the order and / or use of products, services or services via the Site, after his consent has been obtained for this purpose, and in compliance with the stipulations below, the Site User or customer sees his personal data collected by HOTEL FAC ET SPERA SAS. In fact, the information collected via the form that the Customer has filled out or the use of the Site (navigation and connection data) is necessary to respond to requests from the User / Customer, and is intended for the responsible seller of the processing, for administrative and commercial management purposes, as well as to 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 HOTEL FAC ET SPERA SAS may also be used in the context of direct marketing operations carried out by mail, SMS, MMS or email, but only after the prior consent of the customer. In accordance with legal obligations, the seller retains this information under enhanced security conditions and for limited periods of time, proportional to the purposes for which the Customer has communicated it. They are only used within the framework of these purposes: more precisely to process the Customer’s orders via the Site, allow the Customer to benefit from the services offered by this Site, if necessary send the Customer commercial proposals likely to interest him , or to transmit to the Customer in return the information that he may have requested from the seller through the filling of questionnaires or the sending of electronic 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 filling in 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 communication online, or by responding to questionnaires or satisfaction surveys);
(ii) concerning in particular the name / genre, date and place of birth of the Client / User, as well as their contact details such as their postal address, email address, telephone numbers, electronic signature, any data on their card national identity (and in any case its age insofar as the 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 Customer’s banking (bank details, card numbers) and transactional information;
(v) as well as the data collected through cookies and similar technologies used on the Site (in particular IP addresses) and in electronic messages making it possible to recognize the Customer, remember his preferences and, if necessary, present him with content likely to interest him.
This personal data can only be communicated to the seller by the Customers concerned by said personal data and each User refrains from communicating the personal data of another person and / or personal data which do not concern him.
LEGAL INFORMATION FOR THE USER
The legal information required to be given to the Customer, notified to the User before his personal data is collected, and this separately from all other information, in accordance with the provisions in force, are the following:
(a) Identity and contact details of the Person responsible for processing personal data (hereinafter “processing”):
The identity and contact details of the Person responsible for processing personal data are as follows: the company HOTEL FAC ET SPERA, a simplified joint-stock company, with a capital of 222,000 euros, registered in the Trade and Companies Register of Novels under the number 422 311 704 and whose registered office is located at 18, Avenue du Docteur Paul Durand, at 26 600 Tain-l’Hermitage, represented by Mr. Michel Chapoutier duly authorized for the purposes of this document.
(b) Contact details of the Data Protection Officer:
User / Customer requests regarding personal data which may be addressed to: firstname.lastname@example.org
(c) Purposes of the processing:
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 the products and / or services ordered by the Customer;
(iii) management of products or services ordered and / or used by the Client;
(iv) prospecting and / or sending information to Users / Customers.
(d) Legal basis for processing:
The legal basis for processing 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, said personal data being necessary for delivery products or performance of services ordered by the User;
(ii) the processing is also necessary to protect the legitimate interests of the Seller by allowing him to keep proof of transactions with the Customer and / or, if necessary, to collect;
(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 January 6, 1978 amended by the Law known as “LIL 3”, and of EU Regulation 2016/679 of April 27, 2016 (GDPR) and other provisions in force (hereinafter the “Regulations in force”).
(e) Recipients of personal data:
The recipients of the personal data are: the personnel of the Seller responsible for the production and / or 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, where applicable, the subcontracting providers participating in the provision of these services and being called upon to intervene as such on the processing (only when necessary) , being then specified that in such a hypothesis this is done in compliance with the Regulations in force 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 presence of a transfer to a country or an international organization not subject to an adequacy decision, then this can only be done on condition that the appropriate guarantees and that the Users concerned have opposable rights and effective remedies, under the conditions of the Regulations in force.
(g) Duration of storage of personal data:
Your personal data is kept for a period in accordance with legal provisions or proportional to the purposes for which it was recorded. Certain retention periods correspond to the legitimate interest of the seller.
Personal data being necessary for the completion, management and / or delivery of orders placed via the Site, the Customer’s personal data is kept as long as the Customer is likely to be able to place orders, that is to say as long as he has not indicated his intention to no longer be a customer of the Seller or to no longer see his personal data stored, and this via a request made by him addressed to the following address: email@example.com (in accordance with the stipulations below).
The retention periods vary depending on whether we have an ongoing contractual relationship (you are an active customer), whether we have had a contractual relationship with you in the past (you are an inactive customer) or whether we have never had such a relationship with you (then you are a prospect). The data linked to your browsing on our online services collected by cookies that you have authorized have a specific retention period.
|Data Category||Purposes||Duration of the conservation|
|Prospect related data|
|All data||Constitution and management of a file||3 years from the collection of data or the last contact from the prospect|
|Active client related data|
|All data||Management of the client account||Throughout the duration of the contractual relationship|
|Inactive client related data|
|Data relating to the execution of the contract||Management of customer account, orders, invoicing, payments||5 years after the end of the contract or the last contact from the inactive customer|
|Identification and contact data – inactive customer||Sending information on the evolution of our offers||5 years after the end of the contract or the last contact from the inactive customer|
|Identification and contact data – Registered newsletters and / or Web account||Sending information on the evolution of our offers||3 years from unsubscription or last contact from the customer|
|Cookie generated data|
|Data linked to your browsing on our online services||Operation and optimization of services
Personalization of content and advertising
|Operation and optimization of services13 months maximum|
In any event, the seller regularly reviews the information he holds. When their retention is no longer justified by legal, commercial or management account requirements, or if the latter has made use of a right to modify or delete, they will be deleted in a secure manner.
h) Rights of the User / Customer that can be exercised with the Controller:
The User / Customer is informed of the existence of their right to ask the manager of the
processing (as identified above):
– access to their personal data as well as any available information as to their source;
– rectification or deletion thereof;
– a limitation of the processing of his personal data;
– the User’s opposition to the processing of their personal data;
– User opposition at any time to the processing of their personal data for prospecting purposes, including profiling;
– the portability of his personal data under the conditions of the Regulations in force which stipulate in particular that the persons concerned by a processing of such data have the right to receive the personal data concerning them which they have provided to a responsible of the processing, in a structured format, commonly used and readable, and have the right to transmit this data to another controller without the controller responsible for the data being communicated, if (i) the processing is based on consent in application of the Regulations in force, or on a contract in application of the Regulations in force and (ii) when the processing is carried out using automated procedures, it being specified that when the data subject exercises his right to the portability of his personal data, he has the right to obtain that they be transmitted directly from a responsible e from processing to another, when 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 processing based on the consent carried out before the withdrawal thereof).
The exercise by the User of his rights as identified in the present (h) is carried out by means of a request made by him and addressed to the following address: SAS HOTEL FAC ET SPERA, 18 avenue Dr Paul Durand – 26 600 TAIN L’HERMITAGE, Tel. +33 (0) 4 75 08 65 00, or to the email address firstname.lastname@example.org. As necessary, it is stipulated that the exercise by a User of his right to erasure of his personal data and / or the exercise of his right to oppose the processing of his data and / or the exercise of their right to limit the processing of their personal data and / or their right to withdraw their consent at any time to the processing of their data (in accordance with the abovementioned stipulations) leads to the inability to make delivery of products or the performance of the services ordered and / or used by the Customer, so that, in such cases:
(i) from the exercise by the User of said rights, he will no longer be able to access the services and services provided by the Seller via the Site;
(ii) if these rights are exercised when ordering products or services, then said order cannot be carried out;
(iii) and, if the Customer has an account, this account that receives 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, i.e. the National Commission for Information Technology and Liberties (CNIL): 3 Place de Fontenoy – TSA 80715 – 75334 Paris 07.
(j) Information on the contractual nature of the provision of personal data
With regard to the provision to the User / Client of information on the question of whether the requirement for the provision of personal data is of a regulatory or contractual nature or whether it conditions the conclusion of a contract and whether the person concerned is required to provide personal data, as well as on the possible consequences of not providing this 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 this data, insofar as it is necessary for the delivery / production of the products / services ordered, conditions the conclusion of this contractual relationship;
(iii) as such, the User is required to communicate his personal data if he wishes to order and / or use products / services from the seller via the Site;
(iv) failure to provide this personal data does not allow ordering of products / services from the Seller.
(k) Automated decision making
It is indicated that there is no automated decision-making within the meaning of the Regulations in force, using the personal data collected.
(l) Possible further processing of personal data
In the event that further processing of personal data is carried out for purposes other than those for which this data has been collected and as identified above, the controller will provide the data subject with information beforehand. subject of this other purpose and any other relevant legal information required.
The purpose of the traffic data and cookie files that HOTEL FAC ET SPERA SAS installs on your computer is: to recognize the Customer during a next visit, to personalize the Site on behalf of the Customer, to secure the transactions that the Customer may have to carry out, temporarily memorize the articles that the Customer wishes to order, until the transaction, and allow SAS HOTEL FAC ET SPERA, internally, to carry out analyzes of frequentation of the pages of information of the Site in order to improve its content. . These data also have advertising objectives in order to allow, in particular targeting specific audiences and to carry out so-called remarketing activities.
The data relating to the navigation of Customers is not used by name; these are aggregated statistics allowing to know the most and least popular pages, the preferred paths, the activity levels by day of the week and by hour of the day, the main client or server errors. Without cookies, SAS HOTEL FAC ET SPERA cannot guarantee certain requests. The retention period of personal data varies depending on the purpose of the collection. The Customer is invited to refer to the point relating to the protection of personal data of the general conditions of use to know precisely the deadlines.
8. MODIFICATION OF THE SERVICE OR CONDITIONS OF USE
We do not sell products to minors. If you are under 18, you can only use the website under the supervision of a parent or guardian. Offers of products containing alcohol are intended for adults. You must be at least 18 years old to purchase alcohol or use any functionality of the site relating to alcohol.
11. SETTLEMENT OF DISPUTES
For any difficulty or complaint, the customer is invited to contact us beforehand either by email in the “Contact” section, or by email or letter to the Sales Administration service of SAS HOTEL FAC ET SPERA, 18, avenue Docteur Paul Durand at 26600 TAIN L’HERMITAGE – Tel. +33 (0) 4 75 08 65 00; email@example.com. Disputes which persist despite this prior attempt, which arise in connection with the validity, interpretation, execution or non-execution, interruption or termination of this contract may be subject to the Consumption mediation.
In accordance with the provisions of art. L. 612-1 of the Consumer Code, in fact, all consumers have the right to have free recourse (except their costs to be assisted by counsel), to a consumer mediator with a view to the amicable resolution of the dispute which ” opposes a professional, this within one year following his written complaint to the seller’s services.
The consumer, for this purpose, can usefully consult the following sites:
– on consumer mediation for France: www.mediation-conso.fr
– on cross-border disputes: European Consumer Center France: www.europe-consommateurs.eu
In accordance with article L. 616-2 of the Consumer Code, the Customer is informed of the existence of the platform put online by the European Commission which aims to collect any complaints arising from a purchase European consumers online and then forward the cases received to the competent national mediators: this European platform for out-of-court resolution of online consumer disputes is available at: http://ec.europa.eu/consumers/odr/ . With regard to French customers, and pending the referral of a consumer mediator with the official competence for their branch of commercial activity, the seller offers recourse to the PARIS Mediation and Arbitration Center (CMAP – Consumer Mediation Service 39, avenue FD Roosevelt, 75008 PARIS, www.cmap.fr site). Without exception, a dispute may only be examined by a single mediator. The solution proposed by the mediator is not binding on the parties to the contract. In the event of a dispute relating to this contract, the consumer has in any event the possibility of having recourse to a conventional mediation procedure or to any other alternative method of dispute resolution.
12. APPLICABLE LAW
The activity of electronic commerce is subject to the law of the Member State in the territory of which the person who exercises it is established, since it is the common intention of the parties and in particular of the person receiving the goods. Any natural or legal person carrying out this activity is responsible ipso jure with regard to the buyer for the proper performance of the obligations resulting from the contract, whether these obligations are to be performed by themselves or by other service providers, without prejudice to his right of recourse against them.
The sales contract and these GTC are subject to French law. However, in the case of customers residing in a Member State other than France, they cannot be deprived of the protection afforded to them by the imperative rules of the legislation of their country of residence. In the absence of an amicable settlement, disputes relating to orders placed on the site fall under the exclusive jurisdiction of the French courts, notwithstanding the plurality of defendants or calls for guarantees.
13. OUR CONTACT INFORMATION
The website www.facetspera.fr belongs to SAS HOTEL FAC ET SPERA
HOTEL FAC ET SPERA SAS
18 avenue du Docteur Paul Durand
26600 Tain l’Hermitage – FRANCE
SAS with a capital of 222,000 euros
RCS Romans 422 311 704
Telephone: +33 (0) 4 75 08 65 00
Publication director: Corinne Chapoutier
CNIL declaration: 1132348
10 ter, rue Pasteur
26500 Bourg les Valence – France
Telephone: +33 (0) 4 75 82 81 01