Updated on 01/10/2024
www.gypso.fr (the "Site") is published by Gypso, a limited liability company with share capital of €5,000.00, whose registered office is at 1 Boulevard de la Durance 13350 Charleval, registered with the Salon-de-Provence Trade and Companies Registry under number 883 386 054, and whose intra-community VAT number is FR88338605400018 (hereinafter "Gypso").
1. APPLICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE
The Site is reserved for retail sales to private individuals acting for personal purposes (the "Customer(s)"). The Customer represents and warrants that he/she is acting as a final consumer of the products ordered. The general terms and conditions of sale (the "GTCS") set out below apply to and form part of all orders and sales of products and services placed via the Site (the "Products") with Gypso by the Customer. The Customer must read the Terms and Conditions before placing any order (the "Order"), as the Terms and Conditions are available on the Site. Consequently, placing an Order implies the Customer's full and unconditional prior acceptance of the GTC. Gypso reserves the right to adapt or modify these GTC at any time. The version of the General Terms and Conditions applicable to a sale is the one appearing online on the www.gypso.fr Site at the time the Order is placed.
2. INFORMATION ON THE SITE AND ACCESSIBILITY OF THE SITE
www.gypso.fr is an e-commerce site owned and operated by Gypso.
The Site is accessible to all Internet users 24 hours a day, 7 days a week, except in the event of scheduled or unscheduled interruptions by Gypso or its service providers for maintenance or security purposes and/or in the event of force majeure (as defined below). Gypso will not be liable for any damages whatsoever resulting from the unavailability of the Site. Gypso does not warrant that the Site is free from defects, errors or bugs, or that the Site will operate without failure or interruption. Gypso may, in its sole discretion, determine any period during which the Site or any of its content will be unavailable. Gypso cannot be held responsible for problems with data transmission, connection or network unavailability. Gypso reserves the right to make changes to the Site, for any reason and in any way, without prior notice to the Customer.
3. REGISTRATION ON THE SITE
In order to place an Order, the Customer must first register on the Site by creating an account containing the Customer's details (the "Account").
Customer registration on the Site is validated by Gypso after verification of the standard form completed by the Customer. The Customer will receive an email confirming registration. When creating an Account, Customers must ensure that the information they provide is accurate and complete. He/she must then ensure that this data is always kept up to date. The Customer warrants to Gypso that the information provided is the Customer's personal information and not that of a third party. In the event of fraud or error in the recipient's details, Gypso may not be held liable, in particular for the impossibility of delivering Products.
Customers agree to create only one (1) Account to access the Site. If the Customer fails to do so, Gypso reserves the right to delete any excess accounts.
In order to make registration or connection to the Site easier and faster, the Customer has the option of automatically pre-filling the registration form using the "Facebook Connect" option. To find out more about the protection of personal data when it is collected, processed and used, as well as the rights and optional settings to protect their privacy, Customers can consult Facebook's privacy policies at www.facebook.com.
By registering on the Site, Customers represent and warrant to Gypso that they are of legal age and have the legal capacity to enter into a contract.
4. PRODUCTS
1. General rules applicable to Products
Most Products are offered for sale on the Site under the Gypso brand, which is owned by Gypso. Some Products may be the result of collaborations between Gypso and third parties.
The Products are those offered and described on the Site at the time the Customer visits the Site, subject to availability. This information is updated automatically in real time. Gypso will only accept the return of Products that are undamaged and unworn. These two conditions will be checked before the returned Products are returned to stock.
2. Additional Rules Applicable to Archived Products
Gypso offers a discounted sale of Products from previous years' collections on its Site ("Archives") under the name "Archives". Gypso is free to determine the dates and frequency of the Archives. Stocks of Products sold in Archives are limited and are not replenished except in the event of Customer returns. As a result, Gypso cannot guarantee the availability of such Products for any extended period of time.
5. ORDERS
Orders placed on the Site are subject to compliance with the procedure set up by Gypso on the Site, which includes successive steps leading to validation of the Order.
The Customer may select as many Products as he/she wishes, within the limit of normal consumer needs and within the limit of five (5) identical Products (same model, same colour and same size). These Products will be added to the basket (the " Basket "), which summarises the Products chosen by the Customer as well as the prices and charges relating thereto. The Customer is free to modify the Basket before validating the Order. Validation of the Order confirms the Customer's acceptance of the General Terms and Conditions of Sale, the Products purchased, their prices and the associated costs. A confirmation email summarising the Order (Product(s), price, availability of Product(s), quantity, etc.) will be sent to the Customer by Gypso. To this end, the Customer formally accepts the use of electronic mail for confirmation by Gypso of the content of the Order. Invoices are available in the "My Account" section of the Site.
6. REFUSAL TO PROCESS AN ORDER
Gypso reserves the right to remove any Product displayed on the Site at any time and to replace or modify any content or information displayed on the Site.
Gypso will not be liable to the Customer or any third party for any damages resulting from the removal of any Product from the Site or the replacement or modification of any content or information on the Site. Gypso also reserves the right to refuse or cancel an Order from a Customer with whom it has a dispute over payment of a previous Order, who has acted in breach of these Terms and Conditions, in the event of suspicious return of Products or, more generally, in the event of objective suspicion of fraud. Gypso expressly prohibits the use of its Site for professional purposes, in particular with a view to purchasing Products for resale on a professional basis. Accordingly, Gypso reserves the right to refuse an order placed by a professional or by a person clearly acting for professional purposes, in particular if the quantity of items ordered exceeds the needs of a consumer.
7. PRICES AND TERMS OF PAYMENT
The prices of the Products are indicated on the Site in euros, including VAT, but excluding customs duties and other taxes. Customs duties and other taxes must be paid by the Customer directly to the carrier. The prices charged for Archived Products are discounted to take account of their age. These discounts may increase if the Archival Products are sold successively. All prices displayed are calculated and include value added tax (VAT) applicable in France or in the country of delivery located in the European Union.
Gypso reserves the right to change its prices at any time, but Products will be invoiced on the basis of the prices in force at the time of registration and payment of the Order, subject to availability. The Products are payable in cash when the Order is placed.
Orders may be paid for via Paypal, either via the secure platform of the payment service provider Payplug Enterprise SAS, or by gift card, or by credit. Paypal (Europe) S.à.r.l. et Cie, is a Luxembourg limited partnership with shares, registered with the R.C.S de Luxembourg under number B118349, whose registered office is located at 22-24, Boulevard Royal - L-2449 Luxembourg. For any information, the Customer may consult the following website: https: //www.paypal.com. Payplug Enterprise SAS is a simplified joint stock company (société par actions simplifiée) registered in the Paris Trade and Companies Register under number 443 222 682, with its registered office at 110 avenue de France - 75013 Paris, France. For all information, the Customer may consult the following website: https: //www.payplug.com. Gypso does not have access to Customer payment data, which is transmitted directly to Paypal or Payplug.
At the time of each transaction, Payplug and the banks of the payment issuer analyse the transaction in order to limit the risk of fraudulent behaviour. Following this analysis, certain Orders may be blocked. Gypso may not be held liable for any refusal to process an Order that has been blocked due to suspected fraud. The Customer expressly acknowledges that providing his/her credit card number when placing an Order constitutes authorisation to debit his/her account up to the price of the Products ordered. Where applicable, Gypso will notify the Customer of the cancellation of an Order for non-payment at the e-mail address provided by the Customer when registering on the Site.
The data recorded and stored by Gypso, excluding payment data, constitutes proof of the Order and of all sales made. The data recorded by Paypal or Payplug constitutes proof of any financial transaction between the Customer and Gypso. The Customer may pay for the Order by means of e-gift cards issued in advance by Gypso. These gift cards are valid for one (1) year from the date of purchase and can be used in one (1) or more transactions. If the balance on the gift card is not sufficient to pay for the Order, the Customer may complete the Order by making an additional payment via Paypal or via the Payplug secure payment platform. If the balance on the gift card exceeds the amount of the Order, the remainder shall be retained on the gift card for the duration of its validity.
The Customer may also pay for the Order by means of a credit previously issued by Gypso, subject to the terms and conditions of the credit.
8. DELIVERY
Delivery means the transfer of physical possession of the Products to the Customer (" Delivery ").
Delivery takes place, according to the Customer's choice, either by collecting the Products from the selected collection point (from a relay point, subject to acceptance of the parcel by the selected relay point), or by receiving the Products at the postal address indicated, it being specified that this must be the Customer's residential address, that of a natural person of the Customer's choice or that of a legal entity (delivery to the Customer's company).
Delivery may not be made to hotels or post office boxes. The countries to which the Customer may place an order and have it delivered are those shown on the Site. The delivery charges applicable to the Order are those indicated on the Site at the time of the Order in the " Delivery and Returns " section.
Where Gypso arranges for delivery of the Product, the risk of loss or deterioration of the Product is transferred to the Customer at the time of delivery.
Transport is provided by La Poste, Colissimo, DPD and other brands of the Fedex group from Monday to Saturday, depending on the option chosen by the Customer when validating the Order. Gypso reserves the right to change the carriers available from those indicated herein.
Gypso will deliver Orders within a maximum of twelve (12) working days for delivery in mainland France and twenty (20) working days for international delivery, counting from the first working day after the Order has been confirmed. In order for these timescales to be met, the Customer must ensure that they have provided accurate and complete information concerning the Delivery address (such as, in particular: street number, building number, staircase number, access codes, names and/or intercom numbers, etc.).
If the Delivery deadline is exceeded, and as long as Delivery of the Order has not taken place, the Customer may request cancellation of the sale and obtain a refund of the sums paid for the Order within a maximum period of fourteen (14) days from the date of such request. Notwithstanding the foregoing, Gypso may not be held liable for any damage resulting from a delay in delivery.
In the event that delivery cannot be made due to an incorrect delivery address or failure by the Customer to collect the Order from the selected collection point, no reshipment will be made and the Customer will be refunded within five (5) days of receipt of the Order by Gypso.
9. RIGHT OF WITHDRAWAL - RETURN AND REFUND
9.1. Time limit and procedures for exercising the right of withdrawal
Gypso does not offer exchanges.
In accordance with Article L.221-18 of the French Consumer Code, the Customer has a period of fourteen (14) days from receipt of the Order in which to exercise his/her right of withdrawal from Gypso, without having to justify his/her decision. After this period of fourteen (14) days, the sale is firm and final. The right of withdrawal may be exercised either by logging on to the customer account in the "order" section, or by using and sending the sample withdrawal form in Appendix 1 of the General Terms and Conditions of Sale, by post, to the following address: Gypso - Service retours - 1 Boulevard de la Durance - 13300 Charleval, France, or by email to hello @ gypso .fr.
The Customer may not exercise his/her right of withdrawal for a Product that has been used, worn, washed, damaged or unsealed.
9.2. Procedures for returning the Order under the right of withdrawal
The Customer must return his/her Order within fourteen (14) days of communicating his/her decision to withdraw, in accordance with article L. 221-21 of the French Consumer Code.
The Product must be returned to Gypso in its original packaging and condition, in new condition, with its label and all its accessories. To make a return, the Customer must declare it by following the procedure indicated on the Site. The Customer must return the goods by post to the drop-off location (post office, drop-off location, etc.) provided by Gypso (section 9.2.2 below). The Customer must make his/her own way to the Shop or to the drop-off location. The Customer shall retain all evidence necessary to prove that the Customer has returned the Products in accordance with Gypso's instructions and that the returned Products include all Products declared as returned by the Customer.
Customers may choose to return all or part of their Order by post. Depending on the circumstances, the cost of the postal return will be borne by the Customer or Gypso, as follows.
i. Returns at Gypso's expense
Gypso will pay for the return of Products if the place of delivery is in France. In addition, Gypso will pay for the return of Products if the Product delivered to the Customer is different from the Product ordered or if the Product is delivered damaged, even if the Product is delivered to a country other than those listed in this section. To benefit from this free return, the Customer must use the prepaid return form provided by Gypso or contact Gypso to obtain one if it is not included in the package containing all or part of the returned Order.
ii. Returns at Customer's expense
The return of Products is at the Customer's expense and risk if the place of Delivery is not included in the list of countries referred to in Article 9.2.2 (i) above, in which case the Customer must select the carrier of his or her choice. The same shall apply if a Customer who is entitled to free returns chooses a carrier other than the one offered by Gypso. The risk in respect of the transport of the Product shall not pass to Gypso until the Product has been delivered to Gypso by the carrier. It is the Customer's responsibility to prove that the Products have been returned via a carrier who will provide proof of shipment and delivery of the Products to the Customer. As Gypso is a third party to the contract between the Customer and the carrier, Gypso will not take any steps, remedies or actions with respect to the carrier and will not be responsible for Products returned that are lost, misdirected or delivered late. It is the Customer's responsibility to assume all risks, costs and expenses associated with such returns.
9.3. Suspicious returns
Gypso reserves the right to deactivate the Customer's Account and any associated accounts, to refuse and/or cancel any Order placed by the Customer, and to refuse to issue a refund for Products ordered and/or returned by the Customer if Gypso observes or suspects any unusual, excessive or abusive pattern of returns by the Customer (for example, a Customer wearing or damaging Products before returning them to Gypso, a Customer systematically or excessively returning all or part of the Products ordered, a Customer returning Products different from those ordered).
9.4. Refunds for Products returned under the right of withdrawal
Gypso will reimburse the Customer no later than fourteen (14) days from the date on which it is informed of the Customer's decision to cancel, provided that the Customer has received the cancelled Product within this period.
Gypso will refund the Customer using the same method of payment as was used to pay for the Order. If this method of payment has expired, the Customer must contact Customer Services to change the method of reimbursement. Gypso will not be liable for any delay in the refund. A refund for a Product paid for with an e-gift card, gift card or credit note will automatically be issued as a credit note. The Customer will only be reimbursed for the cost of standard delivery of the Order. Consequently, the Customer accepts that if he/she chooses a more expensive method of delivery for his/her Order, he/she will not be reimbursed for the price in excess of the standard delivery price. Furthermore, as delivery costs are fixed at a flat rate, they will only be refunded when the Customer returns all the Products in his/her Order.
Furthermore, in the event of objective suspicion of fraud or proven fraud, the Customer will not be eligible for a refund of his/her Order and delivery charges by Gypso. Fraudulent behaviour includes, but is not limited to, manifest bad faith or abusive or excessive behaviour by the Customer in relation to delivery or returns (e.g., a Customer claiming not to have received all or part of an Order despite evidence to the contrary, a Customer wearing or defacing Products before returning them to Gypso, a Customer returning Products other than those ordered).
10. WARRANTIES - LIMITATION OF LIABILITY
10.1. Limitation of liability
Gypso will not be liable for any of the following losses, regardless of the cause:
- loss of revenue or sales
- loss of business
- loss of profits or contracts
- loss of anticipated savings
- loss of data
- loss of work or management time
- loss of image
- loss of opportunity, in particular to order a Product
- moral prejudice.
The documents appearing on the Site are not covered by any explicit or implicit guarantee, with the exception of the guarantees provided by law.
Gypso makes no warranty with respect to any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair the functionality of a computer or interfere with the proper working of a computer, including any transmission resulting from a download of any content by the Customer, the software used by the Customer to download the content, the Site or the server that makes it available. In this respect, the Customer acknowledges that it is his/her responsibility to install appropriate anti-virus and security software on his/her computer hardware and any other devices in order to protect them against any bugs, viruses or other programming routines of this kind that may prove harmful. The Customer acknowledges that the Customer assumes all risks associated with any content downloaded or otherwise obtained through the use of the Site and agrees that the Customer is solely responsible for any damage to the Customer's computer system or loss of data that results from the download of such content.
Gypso is only obliged to deliver Products that comply with the contract. Products will be deemed to conform to the terms of the Agreement if: (i) they comply with the description and possess the characteristics set out on the Site; (ii) they are fit for the purposes for which products of this kind are generally designed; and (iii) they meet the quality and durability standards that are generally accepted for products of the same kind and can reasonably be expected.
In addition, Gypso guarantees consumers against defects in conformity and latent defects for Products sold on the Site under the conditions set out in article 10.2 below.
10.2. Legal warranties
All Products for sale on the Site are covered by the legal guarantee of conformity (as defined in articles L217-1 et seq. of the French Consumer Code) and the guarantee against hidden defects (as defined in articles 1641 et seq. of the French Civil Code), enabling the Customer to return defective or non-compliant Products free of charge.
However, the warranty does not cover Products that have been modified, repaired or integrated by the Customer. The warranty shall not apply to defects that are apparent, or that the Customer was aware of or could not have been unaware of at the time the Order was placed, in particular with regard to the information provided by Gypso. Nor will the warranty cover Products damaged after the transfer of risk to the Customer, as a result of misuse or failure to comply with maintenance instructions.
11. RETENTION OF TITLE AND RIGHT TO DISPOSE OF PRODUCTS
Gypso retains full ownership of the Products sold until full payment has been received for the Products, including all fees, taxes and compulsory levies. Products sent for repair or alteration which have not been collected by the Customer within one (1) year of the initial collection date specified by Gypso will be deemed to have been abandoned by law and may be disposed of by Gypso in any manner it chooses. After this period, any claim will be declared inadmissible.
12. PARTIAL INVALIDITY
If one or more stipulations of these GTC are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations will retain all their force and scope.
13 NON-WAIVER
No tolerance, inaction or inertia on the part of Gypso shall be construed as a waiver of any of its rights under the GTS.
14. APPLICABLE LAW - JURISDICTION - MEDIATION
The sale of Products is subject to French law.
The choice of French law may not, however, deprive a consumer Customer residing outside France of the application of the mandatory consumer protection provisions of the law of the country in which the Customer has his or her habitual residence, provided that Gypso carries on business or directs its business to that country. In the event of a dispute arising from an Order or sale, the Customer may submit a written complaint to Customer Services hello @ gypso.fr.
In the event of a complaint that has not been resolved amicably by the Customer Service Department, the Customer may, for a period of one (1) year, have recourse free of charge to the CM2C mediation service, of which Gypso is a member, by e-mail to cm2c@cm2c.net or by post to: CM2C - 49, rue de Ponthieu à Paris (75008) or on their website https://www.cm2c.net/, in accordance with article L. 612-1 of the French Consumer Code. The Ombudsman Service may be contacted for any consumer dispute for which an amicable settlement has not been reached. The Customer may also contact the dispute resolution platform set up by the European Commission at the following address: http: //ec.europa.eu/consumers/odr/, particularly in the event of a cross-border dispute.
Appendix 1: Model withdrawal form
(Complete and return this form and the order number only if you wish to withdraw from the contract. We recommend that you also state your order number)
For the attention of Gypso - 1 boulevard de la durance - 13350 Charleval, France
E-mail: hello @ gypso.fr
I hereby notify you of my withdrawal from the contract for the sale of the following product(s): (identification of the product(s) for which the right of withdrawal is being exercised)
Ordered on .................(date of order) and/or received on .................(date of delivery)
Name of the consumer Customer :
Consumer Customer's address :
Signature of the Consumer Customer (only in the case of notification of this form on paper)
Date :
For further information, please contact Customer Services at hello @ gypso.fr.
LEGAL NOTICE
You are reminded that the secrecy of correspondence is not guaranteed on the Internet and that it is the responsibility of each Internet user to take all appropriate measures to protect their own data and/or software from contamination by any viruses circulating on the Internet.
1. PUBLISHER
Gypso, a simplified joint stock company with capital of €5,000, registered with the Salon de Provence Trade and Companies Register under number 883 386 054, whose registered office is at 1 Boulevard de la Durance - 13350 Charleval, France.
The publication director is Marjolaine Dubruque, Gypso's legal representative.
Contact: hello @ gypso.fr
2. HOST
Infomaniak Network SA is registered in the Commercial Register of the Canton of Geneva under number CH-660.0.059.996-1 and has its registered office at Rue Eugène Marziano 25 1227 - Les Acacias (GE), Switzerland.
3. DESIGN AND PRODUCTION
Gypso
PRIVACY POLICY
Updated on 01/10/2024
Gypso (as defined in Section 1 below), operating under the Gypso brand, markets hair accessories on its website www.gypso.fr (the "Site") and in physical shops.
In order to offer for sale, sell and deliver its products, Gypso collects personal data (the "Data") from the users of its site (together hereinafter referred to as the "Users"). The purpose of this Privacy Policy is to inform Users of the means used to collect, access, process and maintain Users' personal data.
Gypso, in its capacity as data controller, undertakes to comply with the provisions of the Regulation on the protection of individuals with regard to the processing of personal data and on the free movement of such data n°2016/679 of the European Parliament and of the Council of 27 April 2016 and with French law n°78/17 of 6 January 1978, as amended (known as the "Loi Informatique et Libertés"). The User is informed that certain Data must be collected by Gypso in order to provide its products and services. If the User does not wish to provide such data, Gypso will not be able to provide its services. This Privacy Policy ("Policy") may be modified by Gypso at any time, including to comply with any changes in regulations, case law, editorial or technical developments. The User must refer to the latest version of the Policy before browsing.
1. The Data Controller
The data controller, who collects personal data and implements Data processing, is :
Gypso, a limited liability company with capital of €5,000.00, registered with the Trade and Companies Register of Salon-de-Provence under number 883 386 054, whose registered office is at 1 Boulevard de la Durance - 13350 Charleval, France (hereinafter the " Publisher " or the "Data Processor"). For the purposes of this Policy, the terms "Process" or "Processing" refer to any operation or set of operations applied to Data, such as collecting, recording, organising, structuring, storing, adapting or modifying, extracting, consulting, using, limiting, erasing or destroying. The term "Data" refers to any information relating to an identified or identifiable User, in particular by reference to an identifier, such as a name, an identification number, location data, or one or more specific elements.
2. Collection of personal data
Gypso collects Personal Information from Users on the www.gypso.fr Site .
The following data may be collected:
× User account data: i.e. the data that the User enters when creating an account by completing the registration form (first name, last name, billing and delivery postal addresses, email address, mobile telephone number, password for logging into the customer account);
× The User's personal data when they enter it in their customer account: date of birth;
× Transaction data: this refers to the User's information relating to orders placed and returns, such as telephone number, address, e-mail address and payment details;
× Exchanges with customer service;
× Browsing data: this refers to data that the Publisher collects when the User browses the Site, such as the date and time of the connection and/or browsing, the type of browser, the language of the browser, the User's IP address, location data and geolocation data;
× Personal data of participants in competitions : when you take part in a competition on our social networks, we may store the personal data of the winners.
Data relating to payment methods (credit card number, expiry date, authorisation number, security code) are collected directly by our service providers Payplug and Paypal. Gypso never has access to its customers' payment data.
Third-party providers of applications linking to our Site, as well as the networks on which we publish content (such as Facebook, Instagram and Tik Tok) may also use automated tools to collect data from Users (online activity profiling). This data collection is carried out directly by these service providers and/or third parties and is subject to their policies. To the extent permitted by applicable law, Gypso is not responsible for the practices of these service providers and third parties.
Certain services may be altered or inaccessible without consent to the collection of the Data referred to in this Privacy Policy.
Certain Personal Data collected on the various media (Site, social networks) can be combined.
3. Purposes of collecting personal data
The Data collected when using the Site is Processed for the purposes described in the table below.
The regulations in force protect Users' privacy and require any data controller to be able to justify a legitimate basis for the said processing. The legal basis for processing includes
- the performance of a contract to which the data subject is a party, such as a sales contract. For example, some of the User's personal data is required to deliver the goods, manage the customer account and process returns;
- to comply with a legal obligation, in particular for accounting purposes by keeping invoices;
- the prior consent of the data subject;
- the legitimate interest of the data controller, with due respect for the rights and freedoms of users. For example, improving the customer experience or preventing fraud may justify the collection of Data.
| Purposes of processing | Use of data | Legal basis for processing |
|---|---|---|
| Management of orders and sales of products and provision of services; management of complaints, withdrawals and product returns | Use of data to provide products and services (from the shopping basket and orders; sale, return and refund of purchased products) | Performance of a contract concluded between the customer and the professional |
| Carrying out transactions, in particular payment transactions | Our payment service providers (Payplug and Paypal) use information relating to payment methods during the payment of each order. This data may also be used to prevent fraud during payment of the order and/or to manage outstanding payments after the order has been placed. | The performance of a contract concluded between the customer and the professional |
| Creation and management of a customer account | The personal data of a customer registered on the website is used (e-mail address, password) in order to manage and monitor our customers' orders and returns. Performance of a contract concluded between the customer and the professional | - The performance of a contract concluded between the customer and the professional - Compliance with a legal obligation |
| Delivery of products ordered | The data (contact details, address, email) is used to ensure deliveries | The performance of a contract concluded between the customer and the professional |
| Administer the Site and combat fraud | Data (cookies) is used to update and enhance the Website and to combat Internet fraud. | The Data Controller's legitimate interest in proposing suitable offers and ensuring the security of its Website. |
| After-sales service: exchanges with customer service | Data is used to interact with customers. In this respect, exchanges between customer service and the customer by telephone, SMS or chat may be recorded in order to improve the quality of service. Customers may object to this at any time. | The performance of a contract concluded between the customer and the professional |
| Participation in special events (such as competitions, games, prize draws, offers) and participation in the loyalty programme, excluding online gambling subject to approval by the Autorité de Régulation des Jeux en Ligne. | Data is used, including purchase information, to manage participation in various special events. | - The performance of a contract concluded between the customer and the professional (game rules) - The legitimate interest of the Data Controller in order to offer privileged offers. |
| Exploiting, evaluating and improving products and services and the user experience (in particular in order to develop new products and services, analyse the customer base; carry out data analysis, accounting and auditing), profiling. | The Data is used to evaluate and improve products and services, and to improve the customer experience and the products and services offered by Gypso, by means of anonymised statistics and analysis of customer behaviour and measurement of Site traffic. | The legitimate interest of the data controller in offering products and services tailored to customer needs |
| To send newsletters and special offers, on condition that the user ticks the box expressing acceptance, provided for this purpose, when registering for the Services. | Personal data is used to inform customers about our products and services and to personalise the products offered on social networks. | The legitimate interest of the data controller in offering products and services tailored to customers' needs |
| To analyse visits to the Website and their frequency, audience measurement, studies, statistics, surveys (cookies) and to improve the User experience on the Website and mobile applications. | Data, including cookies, is collected to understand the use of the Site, as well as to help the User make purchases on the Site when a discussion is held with our ambassadors via chat. | - The consent of the User - The legitimate interest of the Data Controller in offering products and services tailored to customer needs |
| To fulfil the obligations arising from any contracts or agreements between Gypso and its customers. | Data is used to inform customers about our products and services and to personalise the products offered on social networks. | The Data Controller's legitimate interest in offering products and services tailored to customer needs and consent (check box) |
Gypso does not share any Personal Data for commercial purposes with third parties.
Users may modify their Personal Data and withdraw their consent at any time by logging into their customer account.
4. Service providers with access to Users' Personal Data
The Personal Data collected is transmitted to Gypso's service providers, who may carry out Processing on behalf of Gypso (sub-contractors) and/or on their own behalf (data recipients).
The recipients of the data are :
- Payplug and Paypal, payment service providers
- any police or administrative authority within the framework of legal requests concerning the fight against fraud
- customs services and service providers in the case of deliveries abroad.
Gypso's subcontractors may have access to the Data collected in order to:
- preparing and shipping orders and returning products
- improving the content of the Site,
- technical maintenance and development of the Site and Gypso's internal applications, including entities that process orders and host the Site, information storage, email service providers and customer tickets, as well as analysis and tag management services, such as Google Analytics.
For more details on these analysis services and how to object, please consult the following page: https: //support.google.com/analytics.
5. Users' rights to their personal data
In accordance with Articles 14 to 22 of the General Data Protection Regulation 2016/679 of 27 April 2016, any natural person using the Site is entitled to exercise the following rights:
- A right of access, rectification and deletion of the data collected,
- A right to object to the Processing of their data,
- A right to the limitation of the Processing,
- A right to the portability of the data collected,
- the right to formulate directives relating to the retention, deletion and communication of their personal data after their death in accordance with Article 40-1 of the Data Protection Act.
Finally, if Gypso detects a breach of Data likely to give rise to a high risk for the rights and freedoms of its Users, it undertakes to inform the Users concerned as soon as possible and the competent supervisory authority, i.e. in France the CNIL. The User may exercise all of these rights by logging into his/her customer area, by contacting customer service at hello @ gypso.fr or by post at Gypso - Service Client 1 Boulevard de la Durance - 13350 Charleval, France. Users must enclose proof of identity with their request. In the event of a non-response or an unsatisfactory response, the User may refer the matter to the supervisory authority in his/her country of residence, in France the CNIL: https: //www.cnil.fr/
BLOCTEL system - The Customer is informed that he/she can register on the opposition list against telephone canvassing on the website: www.bloctel.gouv.fr, if he/she does not wish to be the subject of telephone canvassing.
6. Data retention period
Users' Data will not be kept beyond the period strictly necessary for the purposes pursued as set out herein, in accordance with applicable laws and regulations. In this respect, Data used for canvassing purposes may be kept for a maximum of 3 years from the closure of the User's account or the last contact with the prospect concerned. The User's data is deleted when the retention periods expire. Nevertheless, certain Data may be archived beyond the periods stipulated for the purposes of researching, establishing and prosecuting criminal offences, with the sole aim of making this data available to the judicial authorities, where necessary.
Archiving implies that the Data will be anonymised and will no longer be available for consultation online.
7. Security measures for personal data collected
In its capacity as Data Controller, Gypso undertakes to take all necessary precautions to protect the security and confidentiality of data and, in particular, to prevent it from being altered, deformed or accessed by unauthorised third parties. Gypso has entered into service contracts with partners who have proven expertise in the field of data protection. All Data is hosted in France or in the European Union.
Payment service providers
Payment for purchases on the Site is made either via Paypal or via the secure platform of our payment service provider Payplug.
Paypal (Europe) S.à.r.l. et Cie, is a Luxembourg limited partnership with shares, registered with the R.C.S de Luxembourg under number B118349, whose registered office is located at 22-24, Boulevard Royal - L-2449 Luxembourg. For any information, the Customer may consult the following website: https://www.paypal.com.
Payplug Enterprise SAS is a société par actions simplifiée (simplified joint stock company) registered with the R.C.S de Paris under number 443 222 682, whose registered office is located at 110 avenue de France - 75013 Paris, France. For any information, the Customer may consult the following website: https://www.payplug.com
Gypso never has access to Customer payment data.
Users may choose to save their payment card details in their customer account. This information is not stored by Gypso, but by Payplug and/or Paypal. The User may modify or delete these bank details at any time by logging into their customer account.
8. Cookies, tags and tracers
When browsing our website and mobile applications, information relating to the browsing of the User's terminal (computer, tablet, smartphone, etc.) may be recorded using files called "Cookies". The cookie makes it possible to monitor browsing or analyse the User's behaviour, and in particular :
Strictly necessary cookies :
These cookies are necessary for the proper functioning of our Website and must remain active if the User wishes to access all the services provided by the Website. They do not store any personal information and result from actions taken by the User, such as entering the User's privacy preferences or filling in a registration form. Users can always configure their browser to block or be informed of the existence of these cookies.
Functionality cookies
These cookies are used to improve and personalise the functionality of the Site. They may be activated by Gypso, or by third parties whose services are used on the pages of the Website. If the user does not accept these cookies, some or all of the services provided may not function properly.
Performance cookies
These cookies make it possible to determine the number of visits and the sources of traffic, in order to measure and improve the performance of the Website. They enable us to understand how visitors navigate the Website and to identify which pages are visited more or less frequently. All the information collected by these cookies is aggregated and therefore anonymised. If the User does not accept these cookies, Gypso will not be informed of his/her visit to the Website.
Cookies for targeted advertising
These cookies may be set by advertising partners on our Website in order to offer content tailored to the User's interests. They do not directly store Personal Data, but are based on the unique identification of the browser and Internet device. When connecting to the Site, the User is informed by the appearance of a banner that cookies may be automatically installed on his/her browser software when visiting the Site, as well as their purpose, the possibility of accepting or refusing them and of modifying the parameters by clicking on the "configure cookies" link. You can also modify your preferences using your browser software:
- Safari: https://support.apple.com/,
- Chrome: https: //support.google.com,
- Firefox: https://support.mozilla.org/fr/,
- Edge: https: //support.microsoft.com/,
- iOS: https://support.apple.com/
- Android: https://support.google.com https://support.google.com
The User may also object to the deposit of cookies by the http://www.youronlinechoices.com/fr/controler-ses-cookies/ website.
Gypso uses the services of One Trust to collect and manage the consent of Users of its Website.
9. Social networks
Gypso's official Facebook, Pinterest, Instagram and Tik Tok accounts may allow Users to post their content. Users are informed that content posted on these social networks may be seen by any third party, and that Users are required to exercise greater caution when providing certain Personal Data on this Website, such as financial data, addresses or any other sensitive data. Gypso shall not be liable for any damage caused by third parties as a result of or arising from the publication of their personal data by Users.
10. Links to third-party sites
The Site may provide links to non-Gypso sites, applications and services that may be operated by third parties. Gypso is not responsible for the processing of personal data by such third party sites. User should consult the privacy policies of such third party sites.
Terms and Conditions for Sending Messages
1. General
When you register for the service, we will send you a message to confirm your registration.
By registering for messages, you agree to receive recurring automated marketing and informative SMS messages from GYPSO. Automated messages may be sent using an automatic dialling system to the mobile number you provided when you registered or to any other number you designate.
The frequency of messages varies, and additional mobile messages may be sent periodically based on your interaction with GYPSO. GYPSO reserves the right to change the frequency of messages sent at any time to increase or decrease the total number of messages sent. GYPSO also reserves the right to change the short code, telephone number or alphanumeric sender to which messages are sent.
Normal message and data charges may apply. If you have any questions about your SMS or data plan, please contact your mobile phone provider. They are not responsible for late or undelivered messages.
Your consent to receive commercial messages is not a condition of purchase.
2. Operators
Operators are not responsible for late or undelivered messages.
3. Cancellation
The messages will indicate the possibility of unsubscribing, either by sending "STOP" by SMS or via the link included in the message. Once you have cancelled your subscription, we will send you a message confirming that you have unsubscribed and that no further messages will be sent. If you wish to receive messages from GYPSO again, please register as you did when you first registered. GYPSO will then send you messages again.
4. Information
For help with our services, email us at marjolaine@gypso.fr or, if this option is supported, send "HELP" to at any time, and we will tell you how to unsubscribe. If there is a link in the messages we send you from GYPSO, you can also access the unsubscribe procedure and information about our company via that link.
5. Number transfer
You agree that before changing your mobile number or transferring your mobile number to another person, you undertake to send "STOP" from the original number or to give us your old number at marjolaine@gypso.fr. The duty to inform us in these situations is a precondition for using this service to receive messages.
6. Confidentiality
If you have any questions about your data or our confidentiality practices, please consult our https://www.gypso.fr/fr/content/3-conditions-generales-de-vente.
7. Changes to the Message Sending Terms and Conditions
We reserve the right to change or end our messaging programme at any time. We also reserve the right to update these Message Terms and Conditions at any time. These changes will take effect immediately upon publication. If you do not agree with any changes to these Terms and Conditions for Sending Messages, you must cancel your registration with our Message Sending Programme. Your continued registration after these changes will constitute your acceptance of these changes.