General terms and conditions of use
Welcome to our web site AFAMILYSPIRIT.COM. These General Terms and Conditions of Use govern the access and use of AFAMILYSPIRIT.COM. The access and use of this web site as well as the purchase of products on AFAMILYSPIRIT.COM.com are based on the assumption that these General Terms and Conditions of Use have been read, understood and accepted.
This web site is managed by L. PIETTE for AFAMILYSPIRIT. AFAMILYSPIRIT is registered under no. SIREN 514 532 159. AFAMILYSPIRIT has its registered office in France, 13 rue de Montyon, 75009 Paris.
If you need any assistance, go to the FAQ Area, where you will find information on orders, shipping, refunds and returns, a registration form and other general information on the services provided by AFAMILYSPIRIT.COM. You can always contact AFAMILYSPIRIT by e-mail: service@afamilyspirit.com
For any other legal information, go to the sections: General Terms and Conditions of Sale, the Return Policy and the Privacy Policy of AFAMILYSPIRIT.COM. AFAMILYSPIRIT may amend or simply update all or part of these General Terms and Conditions of Use. Any amendment or update to the General Terms and Conditions of Use shall be posted for our users on the home page of AFAMILYSPIRIT.COM as soon as such amendments or updates have been made and shall be binding as soon as they are published on the web site in this section.
Therefore, we recommend that you regularly visit this section on the web site in order to check the publication of the most recent and updated General Terms and Conditions of Use of AFAMILYSPIRIT.COM. If you do not agree with all or part of AFAMILYSPIRIT's General Terms and Conditions of Use, please do not use our web site. The access to and use of AFAMILYSPIRIT.COM, including display of web pages, communication with AFAMILYSPIRIT, downloading information on products and making purchases on the web site, are carried out by our users exclusively for personal purposes, which should in no way be connected to any trade, business or professional activity.
You will be liable for your use of AFAMILYSPIRIT.COM and its contents. AFAMILYSPIRIT shall not be considered liable for any use of the web site and its contents made by any of its users that is not compliant with laws and regulations in force, without prejudice to AFAMILYSPIRIT's liability for theft and negligence.
In particular, you will be liable for communicating information or data which is not correct, false or concerns third parties (in the event such third parties have not given their consent), as well as for any improper use of such data or information.
Our Privacy Policy
We recommend that you read the Privacy Policy which also applies in the event that users access to AFAMILYSPIRIT.COM and use the relevant services without making purchases. The Privacy Policy will help you understand how and for what purposes AFAMILYSPIRIT.COM collects and uses your personal data.
Our Business Policy
AFAMILYSPIRIT has adopted a business policy. Its mission consists in selling products through its services and its web site to "consumer" only. "Consumer" shall mean any natural person who is acting on AFAMILYSPIRIT.COM for purposes which are outside his or her trade, business or professional activity (if any). If you are not a consumer, please do not use our services for purchasing products on AFAMILYSPIRIT.COM. AFAMILYSPIRIT shall be entitled to object to the processing of purchase orders from persons other than consumers and to any other purchase order that does not comply with the General Terms and Conditions of Sale and these General Terms and Conditions of Use.
Governing Law
These General Terms and Conditions of Use are governed by French law.
PRIVACY POLICY
Welcome to our web site ("AFAMILYSPIRIT.COM "). Please read our Privacy Policy carefully. This Privacy Policy applies when you visit or surf our web site without purchasing any product, when you register with AFAMILYSPIRIT.COM, and when you use our services for purchasing products.
If you haven't already done so, please also read the General Terms and Conditions of Use of AFAMILYSPIRIT.COM containing relevant information on privacy and on the security systems used by the web site.
Our Privacy Policy
AFAMILYSPIRIT respects its users' right to be informed of the collection and other operations involving their personal data. In using data that may directly or indirectly identify you personally, you will apply the principle of strict necessity.
For this reason, we have designed AFAMILYSPIRIT.COM in such a way that the use of your personal data will be kept to a minimum. It will not exceed the purposes for which your personal data was collected and/or processed. We do not process your personal data when we can provide you with services through the use of anonymous data (such as marketing research made for improving our services) or by other means which allow AFAMILYSPIRIT to identify you apart from when it is strictly necessary or upon request of the competent public authorities or the police (as, for example, in case of traffic data or your IP address).
AFAMILYSPIRIT determines the purposes and means for the processing your personal data, including security measures, as AFAMILYSPIRIT controls AFAMILYSPIRIT.COM users' personal data.
This Privacy Policy provides you with all information needed to understand how we collect data which may identify AFAMILYSPIRIT's users. For further information on our Privacy Policy, please contact us at our e-mail address service@afamilyspirit.com
• Who Processes Your Personal Data?
AFAMILYSPIRIT controls the use of AFAMILYSPIRIT.COM users' personal data. AFAMILYSPIRIT autonomously determines the purposes and means of use, including security measures, for the protection of personal data.
• How Do We Use Personal Data and for Which Purposes?
Your personal data is collected and processed by AFAMILYSPIRIT for purposes which are strictly connected to the use of the web site, its services and for the purchase of products on the web site. However, your personal data may also be used for other processing operations within the limits of such purposes.
In particular, your personal data shall be processed for the following purposes:
1. When you register on our website we collect your personal data (for example, your personal details, user ID and password, e-mail address, gender, date of birth.) through the relevant registration form (AFAMILYSPIRIT) in order to provide you with services in reserved access areas of AFAMILYSPIRIT.COM and in order to send you our AFAMILYSPIRIT Newsletter, when specifically requested
2. When you require Customer Care services, we collect your personal data (for example, your user ID and password) for purposes strictly necessary to provide you with customer care services relevant to AFAMILYSPIRIT.COM services and to the purchase of products on AFAMILYSPIRIT.COM
3. When you are executing purchasing procedures for products sold on AFAMILYSPIRIT.COM, we collect your personal data (such as personal details, e-mail address, address, credit card numbers, bank code, tax code and telephone number) from your order form only for the purpose of selling the products you order
4. When you require technical assistance, we collect your personal data in order to provide you with information on net-surfing, Internet browsing or viewing and downloading web pages
Your personal data is mostly processed by electronic means and in some circumstances by paper-based means, when, for example, the processing of your personal data is required in order to prevent fraud against AFAMILYSPIRIT.COM. Your personal data shall be stored in a way which allows AFAMILYSPIRIT to identify you for the period that is strictly necessary for the purposes for which the data was collected and subsequently processed and, in any case, in accordance with applicable law. Please report any modification or amendment of your personal data to service@afamilyspirit.com in order to ensure that your personal data is always accurate and kept up-to-date and not exceeding the purposes for which your personal data was collected and/or processed.
Your personal data shall not be disclosed to third parties for purposes which are not permitted by law or without your explicit consent.
Your personal data may only be disclosed to third parties when it is necessary in order to process an order. For example, your personal data is disclosed to EURO-INFORMATION for the performance of electronic distance payment services, through credit card, when you purchase a product on AFAMILYSPIRIT.COM. Moreover, your data may be disclosed to the police or to judicial authorities, according to law and upon a formal request by such entities, for example in the event AFAMILYSPIRIT needs to prevent fraud on AFAMILYSPIRIT.COM (anti-fraud services). Data processors will also have access to your personal data, as stated in paragraph "Who processes your personal data?", for the specific purposes stated in the same paragraph. In all of the above circumstances, your consent for data processing is not required. Your personal data may be disseminated to the public after receiving your approval and only for the supply of services on AFAMILYSPIRIT.COM, for example, in order to allow AFAMILYSPIRIT, upon your request, to post suggestions on AFAMILYSPIRIT.COM, as testimony of AFAMILYSPIRIT.COM in “Family stories”.
Your personal data will not be transferred abroad to non-EU countries, which do not ensure an adequate level of protection of individuals. Should the above be necessary in order to supply services or to execute a contract with AFAMILYSPIRIT for the purchase of products, the transfer of your personal data to such non-EU countries shall be carried out only after the execution of specific contracts between AFAMILYSPIRIT and such entities, according to laws and applicable regulations.
We wish to inform you that AFAMILYSPIRIT shall process its users’ personal data for purposes that are strictly connected to the supply of services on AFAMILYSPIRIT.COM, execution of contracts related to the sale and purchase of products on AFAMILYSPIRIT.COM and, after receiving your consent, in order to send to you information on new commercial initiatives which are strictly connected to the web site's activities and services.
AFAMILYSPIRIT shall process your personal data for direct marketing purposes, also by e-mail, only after receiving your consent.
AFAMILYSPIRIT may have access to third parties' personal data which was directly disclosed by its users to AFAMILYSPIRIT, for example when a user has purchased a product to be sent to a friend, when the user paying the purchase price of a product is different from the recipient of such product, or when a user wishes to recommend to a friend a service of AFAMILYSPIRIT.COM or the sale of a particular product.
In all of the above cases, please make sure you receive the consent of such individuals before disclosing their personal data to AFAMILYSPIRIT and make sure you inform such individuals about this Privacy Policy, since you will be the only person liable in connection with the disclosure of information and data relevant to such third parties (and with any other incompatible and unlawful use) if they have not provided you with their consent. We inform you that the consent of such third party individuals is not required if personal data belonging to the above individuals has been disclosed to AFAMILYSPIRIT for the execution of a sale and purchase contract with AFAMILYSPIRIT, on their exclusive behalf.
• What Happens if You Do Not Disclose Your Personal Data to AFAMILYSPIRIT?
Your personal data supplied to AFAMILYSPIRIT (in particular, your personal details, your e-mail address, your address, your credit/debit card numbers, bank code and your telephone number), are necessary for the processing of your order for the purchase of products on AFAMILYSPIRIT.COM, to supply other services provided on the web site upon your request, or when your personal data is needed to carry out obligations arising out of applicable laws or regulations.
The refusal to provide AFAMILYSPIRIT with some of your personal data necessary for performing the above purposes, may consequently prevent AFAMILYSPIRIT from processing your order for the purchase of products sold on AFAMILYSPIRIT.COM or from supplying other services provided on AFAMILYSPIRIT.COM, as for example Customer services, to send the AFAMILYSPIRIT Newsletter, to recommend a product to a friend or to carry out the obligations arising out of laws and other regulations. Failing to provide data may imply, in some cases, a legitimate and justified reason for AFAMILYSPIRIT's refusal to process your order for the purchase of products sold on AFAMILYSPIRIT.COM or to provide services on AFAMILYSPIRIT.COM.
Disclosure of further personal data to AFAMILYSPIRIT, other than that required in order to fulfill legal or contractual obligations or in order to provide the services required, is, on the contrary, optional and does not have any effect on the use of the web site and of its services or on the purchase of products on AFAMILYSPIRIT.COM
In some circumstances and if required, from time to time, we will duly inform you if personal data you are disclosing to AFAMILYSPIRIT is compulsory or optional. We will point out to you whether the disclosure of your data is compulsory or optional by marking with an appropriate font (*), the information that is compulsory or data which is needed to provide the required services on AFAMILYSPIRIT.COM and for the purchase of products on AFAMILYSPIRIT.COM. Failing to disclose optional personal data will not imply any obligation or disadvantage to our users.
• To whom will your Personal Data be disclosed?
Personal data will be disclosed to third party companies which provide, on behalf of AFAMILYSPIRIT, specific services as Data Processors or to other recipients of personal data collected by AFAMILYSPIRIT. They autonomously process your personal data and only for the performance of a contract for the purchase of products on AFAMILYSPIRIT.COM (such as, for example, EURO-INFORMATION) and only when such purpose does not exceed the purposes for which your personal data was collected and subsequently processed and, in any case, according to applicable laws and regulations.
Personal data will not be disclosed to third parties or disseminated or transferred, without informing our users of such disclosure/dissemination/transfer and without their consent, when required by law.
• How do we collect your data on AFAMILYSPIRIT.COM ?
When you are using AFAMILYSPIRIT.COM, some personal data might be collected automatically (through so-called "cookies"), for example, when we automatically collect users' IP addresses and other information regarding the users' data traffic or the users' preferences in the choice of services provided on this web site and of the products purchased through the provided services.
This information and data are collected directly and automatically by the web site as part of its operational functions. This information and data are then processed in a collective and anonymous way for commercial purposes in order to optimize the services provided on AFAMILYSPIRIT.COM for the needs and preferences of the web site's users.
In other circumstances, AFAMILYSPIRIT directly collects personal data and information from its users when they register on-line with AFAMILYSPIRIT.COM or when they send purchase orders of products sold on the web site in order to finalize e-commerce transactions.
Security measures
We have adopted security measures to protect personal data against accidental or unlawful destruction, accidental loss, alteration, unauthorized disclosure or access, and against all other unlawful forms of data processing, as provided in our Privacy Policy.
Nevertheless, AFAMILYSPIRIT cannot guarantee that the security measures adopted for the protection of the web site and for data and information transmission on AFAMILYSPIRIT.COM will prevent or exclude any risk of unauthorized access or of loss of data. It is advisable that your computer be equipped with software devices for the protection of network data transmission/receipt (such as updated antivirus systems), and that your Internet services provider has taken appropriate measures for the security of network data transmission (for example: firewalls and anti-spam filtering).
Cookies
AFAMILYSPIRIT.COM uses automatic systems of data collection, such as cookies. A cookie is a device transmitted to the hard disk of an Internet user. It does not contain intelligible information but it allows linking between an Internet user to his/her personal information provided by the user on AFAMILYSPIRIT.COM. Cookies are disseminated by our servers and no one may gain access to the information contained therein. Only AFAMILYSPIRIT can process information collected by cookies, in a collective and anonymous way, in order to optimize its services and its web site for the needs and preferences of its users.
As you know, each Internet browser allows the deletion of cookies after each session. Your Internet browser contains instructions on how to carry out these deletion procedures. Please access the information on your Internet browser if you wish to delete cookies.
The acceptance of automatic procedures of collection of data and the use of cookies are necessary for the use of the web site and its services, including the purchase of products. If you have started the procedure of deleting cookies, AFAMILYSPIRIT cannot ensure that all web pages of AFAMILYSPIRIT.COM will be displayed or that certain services will be supplied such as, for example, storage or display on the web pages of products you chose when you were finalizing the on-line purchasing process.
Opt-in / Opt-out
AFAMILYSPIRIT processes your personal data only after receiving your expressed consent, in order to send you advertising material and direct marketing or other commercial communications which do not fall within the services provided by AFAMILYSPIRIT , also via e-mail, upon the user's request (for example: the transmission of the AFAMILYSPIRIT Newsletter).
Each time your consent is required, we will inform you in advance and we will give you the option to either provide or refuse your consent for the use of your personal data, including your e-mail address, for the above purposes, by ticking the appropriate boxes.
We wish to inform you that the law expresses that your consent is not necessary to process your personal data when such processing is necessary for compliance with a legal obligation to which AFAMILYSPIRIT is subject. The same applies if alternatively, such processing is necessary for processing an order with its users (such as, for example, if you purchased products on AFAMILYSPIRIT.COM or if you asked to use specific services through our web site).
In any case, we wish to inform you that AFAMILYSPIRIT assures its users that, even when prior consent is not necessary, users may exercise, at any time, their right not to receive future communications connected to particular services upon request, for example the AFAMILYSPIRIT Newsletter.
Your Right to Access Personal Data and Further Rights
You are entitled to obtain, at any time, confirmation from AFAMILYSPIRIT as to whether or not data relating to you is being processed, whether the data is not yet registered, or if the communication of an intelligible form of the data is being processed.
Moreover, you are entitled to receive from AFAMILYSPIRIT information on the source of your personal data as well as the reasons for which your data is processed. You are also entitled to request details of the data controller, data processors and the names of subjects and categories of subjects to whom your personal data may be disclosed or who may access your personal data as, for example, the names of the data processors. You can easily find all of the above information in our Privacy Policy.
You are entitled to obtain at any time from AFAMILYSPIRIT:
1. The updating, rectification or the integration of your personal data
2. The deletion, the transformation into an anonymous form or blocking of your personal data, (unlawfully processed), including data which does not need to be stored for the purposes for which it has been collected and subsequently processed
3. The confirmation that the operations under letters a) and b) have been reported, (together with the contents of the same), to whom the data was disclosed or disseminated, except when it becomes impossible or if it means exceeding the protection of the relevant right.
You are entitled to object, in all or in part:
For legitimate reasons, to a) the processing of your personal data, even if it is related to the purposes for which it was collected. b) the processing of your personal data for advertising or direct marketing purposes or in order to carry out marketing researches or commercial communications. You are free to exercise your rights at anytime, provided that you do so in compliance with applicable laws, by sending your request to AFAMILYSPIRIT at the following e-mail address service@afamilyspirit.com
Contacts
If you wish to receive further information on how AFAMILYSPIRIT processes your personal data, please send an e-mail to the following e-mail address service@afamilyspirit.com
Governing Law
This Privacy Policy is governed by French law and, in particular, by the CNIL (Commission Nationale de l'informatique et des libertés) which governs the processing of personal data - also held overseas - carried out by anyone who is domiciled or has registered offices in France.
The CNIL guarantees that processing of personal data will be carried out in compliance with fundamental rights and the freedom of individuals, as well as of their dignity, with particular reference to confidentiality, identity and to the right of personal data protection.
Modification and Updating of AFAMILYSPIRIT.COM Privacy Policy
AFAMILYSPIRIT may amend or simply update all or part of AFAMILYSPIRIT.COM's Privacy Policy, in consideration of amendments to legal provisions or regulations which govern data protection and protect your rights. The amendments and the updating of AFAMILYSPIRIT.COM Privacy Policy shall be notified to our users on AFAMILYSPIRIT.COM's homepage as soon as such amendments or updates have been introduced and shall be binding as soon as they are published on the web site in this section. Therefore, you are requested to regularly access this section in order to check the publication of the most recent and updated AFAMILYSPIRIT Privacy Policy.
Intellectual Property Rights
AFAMILYSPIRIT's contents, including but not limited to, works, images, pictures, dialogues, music, sounds, videos, documents, drawings, logos and any other material posted on AFAMILYSPIRIT.COM in any format, including menus, web pages, graphics, colors, schemes, tools, fonts, design of the web site, diagrams, layouts, methods, processes, functions and software which are part of AFAMILYSPIRIT.COM, are protected by copyright and by any other intellectual property right of AFAMILYSPIRIT and of the relevant right-holders. The reproduction, wholly or in part, in any form whatsoever, of AFAMILYSPIRIT.COM and of its contents is not allowed without AFAMILYSPIRIT 's written consent.
AFAMILYSPIRIT has the exclusive right to authorize or prohibit any reproduction (whether direct and indirect, temporary or permanent or by any other mean or in any form, in whole or in part) of AFAMILYSPIRIT.COM and its contents.
As far as the use of AFAMILYSPIRIT.COM is concerned, you are only authorized to display the web site and its contents.
You are also authorized to carry out all the other temporary acts of reproduction which are transient or incidental and an integral and essential part of displaying AFAMILYSPIRIT.COM and its contents and which have no independent economic significance. You are also authorized to surf on the web site for the lawful use of AFAMILYSPIRIT.COM and its contents.
You are not authorized to reproduce by any means or in any form, in whole and in part, AFAMILYSPIRIT.COM and its contents. Any reproduction must be authorized by AFAMILYSPIRIT or, if necessary, by the authors of the work posted on the web site. Such reproductions shall be carried out for lawful purposes and in compliance with copyright and the other intellectual property rights of AFAMILYSPIRIT and of the authors of the works posted on the web site. The authors of works posted on AFAMILYSPIRIT.COM are at any time entitled to claim the authorship of their work and to object to any distortion or any other modification of the works, including any damage to the works which may prejudice the honor and reputation of the authors.
You undertake to comply with the copyright of the authors who choose to publish their work on AFAMILYSPIRIT.COM or have cooperated with AFAMILYSPIRIT.COM in the creation of new expressive and artistic works which are intended for publication, not exclusively on the web site, or which are an integral part of the web site.
In any event, you are not authorized to use, in any manner or form whatsoever, the contents of the web site or any single work protected by copyright or any other intellectual property right. For example, you must not alter nor modify the web contents or any work protected by copyright and by any other intellectual property right without AFAMILYSPIRIT 's consent and without the consent, where necessary, of each author of the works posted on AFAMILYSPIRIT.COM.
Trademarks and Domain Names
AFAMILYSPIRIT is the exclusive owner of the logos and registered trademarks AFAMILYSPIRIT and AFAMILYSPIRIT.COM and of any other sign which includes the words AFAMILYSPIRIT and the domain name AFAMILYSPIRIT.COM.
All of the other signs which are used for distinguishing the products sold on AFAMILYSPIRIT.COM posted on the web site are registered trademarks of the respective owners and are used on AFAMILYSPIRIT.COM only for the purpose of distinguishing, describing and advertising the products sold on AFAMILYSPIRIT.COM.
AFAMILYSPIRIT and all of the other owners of registered trademarks are entitled to the exclusive use of the trademarks respectively owned.
You are not authorized, without the consent of AFAMILYSPIRIT and of any other owner of the registered trademarks posted on the web site, to use such trademarks for distinguishing products or services.
Most of the trademarks posted on the web site as well as those concerning the products for sale on AFAMILYSPIRIT.COM are famous and well known to the general public and to each user of AFAMILYSPIRIT.COM.
Any unlawful or unauthorized use of such trademarks is prohibited and gives rise to serious legal consequences. Such trademarks and any other sign posted on AFAMILYSPIRIT.COM must in no way be used to obtain undue advantage from the distinctive character or reputation of these trademarks or in such a way as to damage them and their owners.
Disclaimers on Content
AFAMILYSPIRIT has made all efforts to ensure that the published content on its web site is not derived from situations which describe or represent physical or psychological violence or which, according to the sensitivity of AFAMILYSPIRIT.COM's users, might be deemed to violate civil beliefs or human rights and dignity, in all its forms and expressions.
In any event, AFAMILYSPIRIT does not warrant that the contents of the web site are appropriate or lawful in other countries outside of France. However, in the event that such contents are deemed to be unlawful or illegal in some of these countries, please do not access our web site. If however you still choose to access it, we hereby inform you that your use of the services provided by AFAMILYSPIRIT.COM shall be your exclusive and personal responsibility. AFAMILYSPIRIT has also adopted measures to ensure that the content of AFAMILYSPIRIT.COM is accurate and does not contain any incorrect or out-of-date information.
However, AFAMILYSPIRIT cannot be held liable for the accuracy and completeness of the content posted by AFAMILYSPIRIT on its web site, except for its liability for tort and gross negligence and as otherwise provided for by the law.


