Legal Notice

Summary

1 - Terms of use

2 - Privacy Policy

1 - Terms of use

Version dated February 18, 2018.

The present ones govern the general conditions of use of the basic functionalities of the application including the personal data protection policy.

We invite you to fully read these general conditions of use because they contain limitations and exclusions as well as legal obligations, the non-respect of which could generate sanctions for the user.

The application is published by the company Oé, hereinafter called “Oé”, is registered with the RCS of Lyon under the number 815 346 309 and the head office is located at 69 rue Gorge de Loup 69009 Lyon.

Preamble: object of the Oé company and of the application
Oé has the value of promoting viticulture that meets two specific criteria: (i) respect for the expression of the terroir of cultivation through the organoleptic expression of the wines that come from it, and (ii) the marketing of wines produced responsibly, that is to say in particular respecting the economic, social and ecological environment in which it is produced.

Oé aims to select wines that meet these criteria and to ensure their marketing. To enable the promotion and dissemination of the selected wines, Oé has set up a web application.

The application allows the user to discover a selection of wine and selected winegrowers and to buy them via secure services such as Stripe, Paypal, Apple Pay and Amazon Pay.

The user will be able to sponsor other users. For this, he will communicate his sponsorship code that the godson will enter in the settings of his account in the application.

Depending on the level of recommendation made by the user and the users from his referrals, he will receive as a reward vouchers allowing him to obtain one or more bottles to be chosen from the Oé catalogue.

Definitions
CGU = General Conditions of Use
STRS = Third Party Social Networking Sites
Cellar = value of vouchers not yet used by the user
Domain = people referred by the user and users from his referrals

Acceptance of the General Conditions of Use and subsequent modifications
By creating an account on the application, you unreservedly accept these T&Cs.

You may be invited to access new features, to accept other T&Cs. If these are contradicted by the latter, it is the latter which shall prevail.

Only acceptance of these T&Cs allows you to create an account and access the services offered by Oé.

These T&Cs may be amended at a later date. You will be notified of each change in the T&Cs. If you do not accept the T&Cs thus modified, you can quit the application. The non-deletion of the application after an evolution of the T&Cs of which you have been informed implies acceptance without reservations of the said modified T&Cs.

Creation and management of a user account
To use the application you must create your account. By opening an account, you agree to promote the philosophy of Oé and the winegrowers selected by Oé.

You can create your account directly in the application or by providing the application with your login data for third-party social networking sites (STRS) such as Google or Facebook.

By connecting using your STRS connection data, you confirm that you have the authorization to disclose your connection data to Oé and authorize Oé to access said accounts while respecting the T&Cs of the STRS concerned.

By providing access to your STRS accounts, you understand that Oé will have access to personal data that will allow you to complete your profile on the application, you agree that Oé has knowledge of this data and keeps it. Oé will not be obliged to consult the contents of the STRS accounts, including in particular to verify their accuracy or legality. Oé excludes all responsibility for the content of STRS accounts.

You certify that all information in your profile is accurate and up-to-date and that you have not made any misrepresentation. You agree that Oé may consult this data as part of the operation or development of the application, or if it wishes to verify its accuracy, in particular to comply with the law or as part of a court injunction. Oé reserves the right to close your account or suspend access to it at any time, at its sole discretion and without notice if it considers any part of the content to be erroneous, questionable, illegal or contrary to these T&Cs.

You are responsible for protecting your password. You agree not to communicate it. You will be responsible in the event of use by a third party whether or not you have communicated your password. You agree to notify Oé immediately of any suspicious activity.

Use is prohibited for minors. By accepting these Terms and opening an account, you declare that you are over 18 years old. You cannot misrepresent your age.

Legal persons cannot create an account. By accepting these T&Cs and opening an account, you certify that you are not doing so on behalf of a legal person even if it authorizes you to do so.

You cannot accept these T&Cs and open an account for another person even if they authorize you to do so. You may not impersonate another person to open an account. In particular, you cannot sponsor a person without their authorization.

You cannot have more than one account on the app. In particular, you cannot sponsor yourself. If you no longer open an account, Oé reserves the right to close said accounts or suspend access to them.

User behavior
By accepting these Terms, you understand that you are solely responsible for the use of the application. You agree not to break any laws, not to use the application for commercial purposes, not to copy, use, resell the data contained in the application. You may not impersonate another person to use the application.

You agree not to distribute the content of the application, including photos or videos, data relating to customers and orders.

You acknowledge that Oé prohibits the opening of pages or accounts on third-party social networking sites (STRS) in the name of Oé or claiming any sales or representation mandate that Oé may have entrusted to you, which you undertake to respect.

You may not send mail, email or SMS on behalf of Oé or the application, or claiming to be mandated by Oé or the application.

In general, you agree to behave as a “good father” when using the application.

The application may release information about you if it is required by law or court order or if it believes in good faith that it is reasonably necessary (i) to respond to claims against it, (ii) for the purposes prevention of fraud or risks, (iii) in the context of investigations or customer assistance, (iv) to assert or protect the rights, property and safety of Oé, users, customers or any third parties concerned , in particular in application of these T&Cs or any other T&Cs accepted in the application.

Oé can and reserves the right to take legal action for any violation of these T&Cs to the extent permitted by law.

Protection of personal data
In accordance with law n°78-17 of January 6, 1978 modified by law n°2004-801 of August 6, 2004 relating to data processing, files and freedoms, Oé proceeded to the CNIL to declare the operations of processing that it operates on the personal data declared by the users.

Oé undertakes to take all the necessary measures to preserve the security of your personal data and in particular to prevent them from being distorted or damaged, or even from unauthorized third parties having access to them.

We remind you that by creating an account on the application, you expressly agree that Oé will store and process the data that you have communicated to it or to which you have given it access through the connection to your STRS accounts.

The person in charge of data processing is Oé and only employees or service providers of Oé have access to the data, and this only within the framework of current management operations related to the use of the site.

You have the right to access and rectify the personal data concerning you by using the contact form available on the site www.oeforgood.com.

In accordance with Law No. 78-17 of January 6, 1978, Oé reserves the right to transmit personal data concerning you either to comply with a legal obligation, or in application of a judicial or administrative decision or of an independent administrative authority. such as the CNIL.

In accordance with simplified standard n°48, Oé reserves the right to transmit all or part of the personal data concerning you to the benefit of its contractual partners for the purposes of canvassing, in particular commercial. However, you can oppose it freely and free of charge by simple request via the “Help” widget available on the website www.oeforgoof.com.

Application Ownership and License

The application, brands, services and content are protected by intellectual property laws, which you acknowledge. You will not remove, alter or obscure any identifying or proprietary marks from such materials.

Oé grants you a limited, non-exclusive and non-transferable license to install the application on any compatible tool, subject to acceptance of these T&Cs and strictly personal, non-professional use. You will only use the applications in accordance with the TOS of the stores from which you have downloaded them.

You are prohibited from producing, modifying, using, copying, adapting, distributing, marketing, giving, licensing, or exploiting a derivative application based on the application without the express agreement of Oé.

Links with other sites, applications or services connected by API
The application incorporates links to third-party sites and applications. You acknowledge that Oé excludes all liability for their content and for the consequences of your use of them. In particular, the presence of these links is in no way an endorsement of their offers, content or editorial line.

The application uses services from external suppliers linked by APIs, in particular for geolocation and delivery tracking functionalities. You acknowledge that Oé excludes all liability for the provision of these services and for the consequences of your use of them. You accept the T&Cs of third-party providers when using the relevant services.

Account Suspension, Termination, Cancellation
Oé may at its sole discretion, with or without reason, with or without motivation, at any time and without notice, decide to suspend, delete or limit access to an account.

In such a case, you will no longer be able to have access to your account or have only limited access to it, and Oé may contact all its customers who have contacted it following your recommendations to inform them. You will not be able to claim any compensation.

If you wish, you can close your Oé account by contacting Oé by telephone or e-mail. If you close your account, Oé will not be required to delete or return the contents of your account to you and your vouchers will be cancelled.

Disclaimer of Liability or Warranty
You acknowledge and agree, within the limits of the law, to assume all risks arising from the use of the application, or from the interactions generated by any contact you may have with others due to the use of the app.

Using the app
By using an account, you agree to promote the philosophy of Oé and the winegrowers selected by Oé. To this end, the use of the application is free.

The purpose of the application is defined in the preamble of these T&Cs.
You agree not to make any professional or commercial use of the application. If Oé suspects a user of making professional use of it, Oé reserves the right to temporarily suspend the user's account. Oé cannot be held responsible, in particular before tax or social security authorities, for any use made in a professional capacity.

The professional nature of the use of the application may in particular be highlighted by the volume of recommendations made. By way of example, on the day hereof, this may be suspected when the value of the purchase vouchers acquired during the month exceeds 125 euros per month.

These T&Cs cannot be considered as an employment contract, an agency contract or any commercial representation mandate. You agree not to request the requalification of your relationship with Oé before a commercial court or Labor Court.

In particular, when the account is closed, whether by the user or by Oé, for any reason whatsoever, there will be no right to any compensation of any kind whatsoever.

By recommending the wines selected by Oé or by recommending the application, you can benefit under certain conditions from a reward in the form of a voucher to be used via the application.

Counterpart of the recommendations
Oé has the value of promoting viticulture that meets specific criteria described in the preamble hereto. By opening an account and then using the application, you agree to promote the philosophy of Oé and the winegrowers selected by Oé.

As part of the use of the application, the recommendations that you and your Domain make can generate sales. Depending on the level of recommendation achieved by you and your Domain, you may receive a reward.

Rewards are vouchers that can be used to purchase one or more products available in the Oé catalogue. The value of vouchers is determined as described below.

A voucher is valid for a period of 12 months from the date of issue.

Rights applicable in the event of a dispute
These conditions are interpreted in accordance with French law. You and Oé agree to submit to the jurisdiction of the courts of the Place de Lyon in the event of a dispute over the interpretation of these terms.

2 - Privacy Policy

ARTICLE 1 – PERSONAL INFORMATION COLLECTED
When you make a purchase on our store, as part of our buying and selling process, we collect the personal information you give us such as your name, address and email address.

When you browse our store, we also automatically receive the Internet Protocol address (IP address) of your computer, which allows us to obtain more details about the browser and operating system you are using.

Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.

ARTICLE 2 - CONSENT

How do you get my consent?
When you provide us with your personal information to complete a transaction, verify your credit card, place an order, schedule a delivery or return a purchase, we assume that you consent to our collecting your information and using it to this end only.

If we ask you to provide us with your personal information for another reason, such as for marketing purposes, we will ask you directly for your express consent, or we will give you the opportunity to refuse.

How can I withdraw my consent?
If after giving us your consent, you change your mind and no longer consent to us contacting you, collecting your information or disclosing it, you may notify us by contacting us at hello@oeforgood.com or by mail at : Oé 69 rue Gorge de Loup, Lyon, 69009, France

ARTICLE 3 – DISCLOSURE
We may disclose your personal information if we are required by law to do so or if you violate our Terms and Conditions of Sale and Use.

ARTICLE 4 – SHOPIFY
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our services and products to you.

Your data is stored in Shopify's data storage system and databases, and in the general Shopify application. Your data is stored on a secure server protected by a firewall.

Payment:
If you make your purchase through a direct payment gateway, then Shopify will store your credit card information. This information is encrypted in accordance with the Payment Card Industry Data Security Standard (PCI-DSS). Information relating to your purchase transaction is kept for as long as necessary to finalize your order. Once your order is finalized, the information relating to the purchase transaction is deleted.

All direct payment gateways are PCI-DSS compliant, managed by the PCI Security Standards Council, which is a joint effort of companies such as Visa, MasterCard, American Express and Discover.

PCI-DSS requirements help ensure the secure handling of credit card data by our store and its service providers.

ARTICLE 5 – SERVICES PROVIDED BY THIRD PARTIES
In general, the third-party providers we use will only collect, use and disclose your information to the extent necessary to perform the services they provide to us.

However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies regarding the information we are required to provide to them for your purchase transactions.

With respect to these providers, we recommend that you read their privacy policies carefully so that you can understand how they will treat your personal information.

It should be remembered that some providers may be located or have facilities located in a jurisdiction different from yours or ours. So if you decide to proceed with a transaction that requires the services of a third-party provider, then your information may be governed by the laws of the jurisdiction in which that provider is located or those of the jurisdiction in which its facilities are located.

For example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, the information belonging to you that was used to complete the transaction may be disclosed under the laws of the United States. United States, including the Patriot Act.

Once you leave our store's website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or the Terms of Service. Use of our website.

Connections
You may be required to leave our website by clicking on certain links on our site. We assume no responsibility for the privacy practices exercised by these other sites and recommend that you read their privacy policies carefully.

ARTICLE 6 – SECURITY
To protect your personal data, we take reasonable precautions and follow industry best practices to ensure that it is not lost, misused, accessed, disclosed, altered or destroyed inappropriately.

If you provide us with your credit card information, it will be encrypted using the SSL security protocol and stored with AES-256 type encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

COOKIES
Here is a list of cookies we use. We have listed them here for you to choose whether you want to allow them or not.

_session_id, unique session identifier, allows Shopify to store information about your session (referrer, landing page, etc.).

_shopify_visit, no data held, persists for 30 minutes from the last visit. Used by our website provider's internal statistics tracking system to record the number of visits.

_shopify_uniq, no data held, expires at midnight (depending on visitor location) the following day. Calculates the number of visits to a store per unique customer.

cart, unique identifier, persists for 2 weeks, stores your shopping cart information.

_secure_session_id, unique session identifier

storefront_digest, unique identifier, undefined if the store has a password, it is used to know if the current visitor has access.

ARTICLE 7 – AGE OF CONSENT
By using this site, you represent that you are at least the age of majority in your state or province of residence, and that you have given us your consent to allow any minor in your charge to use this website.

ARTICLE 8 – CHANGES TO THIS PRIVACY POLICY
We reserve the right to modify this Privacy Policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon posting to the website. If we make any changes to the content of this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances we disclose it. there is reason to do so.

If our store is acquired by or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, file a complaint, or simply want more information, contact our Privacy Compliance Officer at hello@oeforgood. com or by mail to Oé located at 69 rue Gorge de Loup, Lyon, 69009, France.

Our policy lasts 30 days. If 30 days have passed since your purchase, unfortunately we cannot offer you a refund or exchange.

To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.

Several types of products cannot be returned. Perishable goods such as food, flowers or magazines cannot be returned. We also do not accept products for intimate or sanitary use, hazardous products or flammable gases or liquids.

Other items that cannot be returned:
* Gift cards
* Downloadable software
* Certain health and personal care products

To make a return, you must present us with a receipt or proof of purchase.

Please do not return your purchase to the winemaker.

There are certain situations where only a partial refund is granted:
* Any item that is not in its original condition, is damaged or has certain parts missing for reasons not due to our error.
* Any item that is returned more than 30 days after delivery.

Refunds (if applicable)
Once we have received and inspected the returned item, we will send you an email to confirm that we have received it. We will also notify you of our decision to approve or reject your refund request.
If your request is approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain number of days.

Late or missing refunds (if applicable)
If you haven't received your refund yet, please check your bank account again first.
Next, contact your credit card issuer, as there may be a delay before your refund is officially posted.
Then contact your bank. There is often some processing time required before a refund is posted.
If after completing all of these steps you still have not received your refund, please contact us at hello@oeforgood.com.

Sale items (if applicable)
Only regular priced items can be refunded. Unfortunately, sale items are non-refundable.

Exchanges (if applicable)
We replace an item only if it is defective or damaged. If in this case you wish to exchange it for the same article, send us an e-mail hello@oeforgood.com and send us your article to: 69 rue Gorge de Loup, Lyon, 69009, France.

Gifts
If the returned item was marked as a gift when purchased and shipped directly to you, you will receive a gift credit equal to the value of your return. Once we have received the returned item, a gift certificate will be mailed to you.

If the item was not identified as a gift when purchased, or if the gift giver preferred to receive the item first and give it to you later, we will send a refund to the gift giver and he will know that you have returned the item.

Dispatch
To return a product, you must send it by post to: 69 rue Gorge de Loup, Lyon, 69009, France.

You will be responsible for paying your own shipping costs to return your item. Shipping costs are non-refundable. If you receive a refund, the return shipping costs will be deducted from it.

Depending on where you live, the time it takes to receive your exchanged product may vary.

If you are shipping an item worth more than €50, you should consider using a delivery service that allows you to track the shipment or purchase delivery insurance. We do not guarantee that we will receive the item you return to us.