Terms and Conditions of Use
Terms and Conditions of Use
NUTRIPACK, a simplified joint stock company with a capital of 2,000,000 Euros, whose registered office is located at 150 route de Lallaing 59148 Flines-lez-Râches (France), registered at the Douai Trade and Companies Register under number 702 051 905
Version of 01/07/2022
Article 1 – Definition and scope
“NUTRIPACK” means NUTRIPACK SAS, 150 route de Lallaing, 59148 Flines-lez-Râches (France).
“Impact Group” means NUTRIPACK as well as all the companies belonging to the same group as NUTRIPACK and together making up the Impact Group.
“Site” means https://www.nutripack.eu and any variation of this domain name.
“User” means any natural or legal person who accesses and/or uses the Site.
“Content” means all elements present or made available on the Site, in particular texts, fonts, illustrations, images, presentation documents, videos, etc.
“Product(s)” means any goods offered for sale or rent on the Site.
Article 2 – Intellectual/industrial property of the Site and the Content
The Content of the Site is the exclusive property of NUTRIPACK or of third parties from whom NUTRIPACK has the operating licence.
NUTRIPACK and the NUTRIPACK logo appear on the Site and/or the Content and are registered trademarks owned by NUTRIPACK. The user undertakes not to use, reproduce or disseminate the Content of the Site and/or the trademarks owned by NUTRIPACK in any way whatsoever, except with the prior written authorisation of NUTRIPACK and, where applicable, by taking the initiative to mention that they are the exclusive property of NUTRIPACK.
Article 3 – Responsibility of the User.
The User undertakes to access and use the Site for the sole purpose of preparing, evaluating and/or ordering Products or services provided by NUTRIPACK, and to do so in a manner consistent with public order, good morals and the rights of third parties.
The User undertakes not to commit any act that could jeopardise the computer security of NUTRIPACK or other Users. The User also undertakes not to interfere with or interrupt the normal operation of the Site.
The User of the Site is responsible for implementing sufficient procedures and virus checks to meet the specific requirements for ensuring the protection and security of data input/output.
Interactive areas are made available to the User on the Site with, in particular, the possibility of asking questions and adding comments. The User undertakes not to post on the Site, particularly in these interactive areas, any content that violates any law whatsoever or that is obscene, defamatory or insulting.
NUTRIPACK reserves the right to remove such content from the Site without prior notice. If necessary, NUTRIPACK also reserves the right to hold the user civilly and/or criminally liable.
Without prejudice to any other right of NUTRIPACK arising from these general conditions of use, NUTRIPACK reserves the right to suspend and/or prohibit the access of the User to the Site in the event of violation by the latter of one or other of the provisions of these general conditions.
Article 4 – NUTRIPACK’s responsibility
NUTRIPACK undertakes to make its best efforts to secure access to and use of the Site in accordance with the rules of Internet usage.
NUTRIPACK endeavours to provide Content on the Site that is as accurate as possible. However, NUTRIPACK cannot be held responsible for indirect and/or immaterial damages, including, but not limited to, any financial or commercial loss, loss of clientele, operating loss, loss of profit, loss of opportunity, which may result from access and/or use of the Site and its Content.
The User is informed that NUTRIPACK may have to temporarily interrupt access to the Site for technical reasons, particularly for technical maintenance. The User accepts these interruptions and renounces any claim on this subject.
NUTRIPACK does not support or accredit any third party website, and NUTRIPACK will not be held responsible for any of them.
WHAT IS A COOKIE?
Cookies consist of small information files sent to the User’s browser and stored in the User’s terminal, in particular computer, mobile phone. These files (hereinafter referred to as “Cookies”) include information such as the User’s domain name, the User’s Internet access provider, the User’s operating system, the date and time of access.
Cookies allow NUTRIPACK to improve the content of the Site and the User’s browsing experience, and in no way risk damaging the User’s terminal.
In order to optimise the User’s experience on the Site and to enable him/her to benefit from certain personalised features, NUTRIPACK recommends that the User’s computer, tablet, mobile phone and/or any other terminal be configured to accept cookies.
WHAT TYPES OF COOKIES ARE USED BY NUTRIPACK ON ITS WEBSITE?
These are all Cookies that are essential and necessary for the proper functioning of the Site. In particular, these are the Cookies that allow Users to access the Site, to connect to their account and to use the Site’s functionalities.
These Cookies do not collect any information about the User, which is not used for marketing purposes or shared and sold to third parties.
Functional cookies :
These Cookies allow Users to improve their experience on the Site and to access a personalisation of their navigation. These are all the cookies that remember the choices made by the User and which, in particular, make it possible to keep in memory the actions carried out by the User so that the latter, on leaving the Site and reconnecting, can resume using the Site without losing this information.
All information collected by functional cookies is used for the sole purpose of improving the operation of the Site.
Disabling them may result in the Site not functioning properly.
Tracking and Analysis Cookies:
They consist of various tools that analyse the use of the site in order to better understand the behaviour of Users and to improve their experience.
By deactivating them, the use of the Site may be limited.
These cookies display advertising banners likely to interest the User. They allow us to redefine the targeting of these advertising campaigns in order to display more relevant content to each User.
Disabling them may make it more difficult to navigate the Site.
WHAT ARE THE USERS’ RIGHTS?
The User has the right to access, withdraw and modify personal data communicated through Cookies (more information on the CNIL website: “https://www.cnil.fr”). The User may also block Cookies by activating the setting in his or her browser that allows him or her to refuse all or some of the Cookies.
If the User refuses to accept the storage of Cookies in his/her terminal, or if the User deletes those stored there, the User is informed that his/her navigation on the Site may be limited.
Where applicable, NUTRIPACK declines all responsibility for any consequences related to the operation of the Site and any services offered by NUTRIPACK, resulting from :
the refusal of Cookies by the User, and/or
the impossibility for NUTRIPACK to record or consult the Cookies necessary for their operation due to the User’s refusal of Cookies.
Article 6 – Protection of personal data
The data entrusted to NUTRIPACK by any User and/or generated during the User’s visit to the NUTRIPACK website are essentially personal data, as defined in Article 4 of Regulation (EU) 2016/679 of 27 April 2016 (the “GDPR”).
WHY DOES NUTRIPACK PROCESS THIS DATA?
PRIMARILY TO ENABLE THE SITE TO BE NAVIGATED, TO MANAGE ITS CONTRACTUAL RELATIONSHIPS AND TO MEET ITS LEGAL OBLIGATIONS
NUTRIPACK only collects the personal data necessary for the User to access and use the Site and to improve it.
NUTRIPACK may also process this data in order to carry out and manage its possible contractual relations with the User, particularly in the context of a purchase of Products.
Data may also be collected and stored in order to comply with NUTRIPACK’s legal obligations.
This may include the following data: surname, first name, domicile or residence, telephone and fax numbers, e-mail address, bank account number, login details, passwords, connections, dates of connections.
Recipients of the data
The communication of data to companies of the Impact Group, suppliers, external service providers and/or consultants may be necessary for the execution of its mission.
They are transmitted to the tax authorities. They may be transmitted to NUTRIPACK’s counsel, to a bailiff or to any representative of the State in the event of judicial recovery.
The data will be kept for a period of time in accordance with the legal and regulatory obligations of NUTRIPACK.
TO PROMOTE NUTRIPACK’S SERVICES
The data transmitted by the User and those received from third parties concerning him/her may be processed for the purpose of promoting NUTRIPACK’s services through direct marketing.
This may include the following data: surname, first name, occupation, telephone and fax numbers, postal address, e-mail address.
The User has consented or explicitly agrees that NUTRIPACK may use the data entrusted to it for promotional and direct marketing purposes.
The User may withdraw his consent at any time by sending an e-mail to “email@example.com”, without however calling into question the lawfulness of previous processing.
Recipients of the data
NUTRIPACK may communicate these data to companies of the Impact group, suppliers, external service providers, external sales representatives, distributors, resellers and/or consultants, to which the User explicitly agrees.
This data is kept for this purpose until the User requests NUTRIPACK to stop processing it or, in any case, until 5 years after the last contact with the User.
OR TO MAINTAIN THE NUTRIPACK FACILITIES
Computer maintenance – NUTRIPACK’s subcontractors in charge of the computer infrastructure, its management program, and the creation and maintenance of its internet and extranet site may access the User’s data to the extent strictly necessary for the execution of their respective missions.
The data is stored exclusively on servers located within the EU. It will not be transferred to a country that does not offer an adequate level of protection, unless the processing requires the sharing of information with service providers, suppliers or distributors from countries other than EU member states. In this case, NUTRIPACK will ensure that appropriate safeguards are in place for this transfer.
WHAT ARE THE USER’S RIGHTS?
This right is fulfilled by means of this document. If the data processed includes the data of the User’s personnel, the User undertakes to inform them of this document.
Access and rectification
The User has the right to access his or her data and to have them rectified if necessary.
The User may object to the processing of his/her data by NUTRIPACK on the basis of its legitimate interest.
Where data is processed by virtue of the User’s consent, the User may at any time revoke this decision, without however calling into question the past processing.
The User may obtain the deletion of his/her data or the limitation of the processing under the conditions provided for in Articles 17 and 18 of the General Data Protection Regulation.
The data provided may be communicated to the User or transmitted to another controller in electronic format.
The data controller (NUTRIPACK) and its data protection officer (firstname.lastname@example.org), where applicable, are available to the User for any questions and, subject to proof of identity, for any request relating to the rights set out above.
If the User requires further information or wishes to make a complaint, he/she may contact the CNIL (3 Place de Fontenoy – TSA 80715 – 75334 PARIS CEDEX 07, Tel: +33 1 53 73 22 22, – Monday to Thursday from 9am to 6.30pm / Friday from 9am to 6pm – Fax: +33 1 53 73 22 00, https://www.cnil.fr).
Article 7 – Applicable law and jurisdiction
Any dispute relating to the validity, interpretation or execution of these general conditions of use shall be submitted to the exclusive jurisdiction of the courts of Douai.
Article 8 – Autonomy of provisions
The illegality or invalidity of any article, paragraph or provision (or part of an article, paragraph or provision) shall not affect in any way the legality or validity of the remaining articles, paragraphs or provisions of these general terms and conditions of business, nor shall it affect the remainder of that article, paragraph or provision.
In such a case, the Parties shall replace the illegal or invalid article, paragraph or provision, or part thereof, by a legal and valid article, paragraph or provision having, as far as possible, similar legal and/or economic effects to those originally intended by the Parties when concluding the contract.