• GTC : means the present General Terms and Conditions of Sale.

 

• Client(s) : means :

• any non-trading natural person, aged 18 or over, who places Orders for Products on the SANTAROME SAS website for private use.
• any legal person who acts for purposes which are outside the scope of its commercial, industrial, craft, liberal or agricultural activity.

 

• Order : any commitment to purchase the Products by the Customer.

 

• Intellectual Property Rights : refers to the intellectual property rights held by SANTAROME SAS (including trademarks, designs, patents, copyrights).

 

• Identifier : means the e-mail address required to identify a Customer on the SANTAROME SAS website in order to access his account.

 

• Delivery(s) Delivery(s): means the transfer to the Customer of physical possession or the physical handover of the Products.

 

• Password : is understood to be the succession of characters which the Customer must keep secret and which, together with his Identifier, enables him to access his account.

 

• Product(s) : means Products marketed by the company SANTAROME SAS, notably food supplements.

 

• SANTAROME SAS : means the company that sells the Products covered by these GTC, a company registered in the Paris Trade and Companies Register under number 326 346 715, whose address is as follows

 

• E-mail address: hello@santarome.fr
• Postal address: 25 rue du Général FOY, 75008 PARIS.
• Telephone number: 01 84 79 94 10

 

• Internet Site: means the Internet site of SANTAROME SAS accessible at the URL address : https://www.santarome.fr/.

 

• Transport : means the transport of the Products from the time they are made available in the warehouses of SANTAROME SAS until their delivery to the Customer.

SANTAROME SAS reserves the right to adapt or modify the GTC at any time.

Any such modifications shall be enforceable from the time they are posted online and the GTC in force on the day of the Order shall apply to each Order.

The Products covered by the GTC are mainly food supplements.

 

The essential characteristics of the Products (description, components, allergens) and their price are indicated on the Product sheets on the Website before any purchase by the Customer.

 

SANTAROME SAS will do its best to ensure that the photographic representation of the Products on the Website is as faithful as possible to the Products themselves; however, given the digital presentation of the Products on the Website, SANTAROME SAS does not guarantee that the Customer's perception of the photographic representation and any visual of the Products corresponds exactly to the Product itself.

 

Product offers are only valid for the duration of their presentation on the Website and within the limits of available stocks.

 

The use-by date or minimum durability date is indicated on the packaging of the Products; the Products are stored in optimal conservation conditions and are packaged in compliance with all sanitary rules.

 

The Products should be stored at room temperature - below 25°C - and protected from light.

To place an Order on the Website:

 

• Either the Customer identifies himself by creating an account through a form to be filled in containing the following compulsory information: title, surname, first name, e-mail address of the Customer, telephone number, date of birth, Password or, if the account has already been created, the Customer must enter his Identifier and Password in the spaces provided for this purpose

 

• Either the Customer does not identify himself/herself and does not create an account on the Web Site, but he/she must fill in at least the following information during the Order process: title, surname, first name, e-mail address, telephone number, delivery address and billing address.

 

The Customer then selects the Products of his choice on the Website and can view his basket, the contents of which he can modify by a simple click;

 

• the Customer then enters the billing address and the address for delivery of the Products before choosing the delivery method he/she wishes from the options offered on the Website;

 

• the order summary is updated according to the delivery method chosen and the related additional costs;

 

• the Customer selects the method of payment (credit card or Paypal) and accepts the GTCs by means of a checkbox provided for this purpose, located near a hypertext link link to the GTC;

 

• the Customer has the possibility to check and modify his Order before entering his bank details;

 

• the Customer clicks on the "Order" button to validate their Order.

 

Once the Order has been validated, it cannot be modified.

 

The Order confirmation may be viewed by the Customer directly online and shall be sent to the Customer by e-mail to the e-mail address indicated in the registration form by the Customer, together with:

 

• a copy of the GTC,
• a withdrawal form, if applicable.

 

This confirmation of the Order will acknowledge receipt of the Order.

 

The Customer will also have access to the Product(s) ordered by logging into their account with their Username and Password.

5.1. Scope of the right of withdrawal

 

Customers have the right to withdraw without reason and to return their Product(s) within fourteen (14) clear days from the date of delivery of the Product(s).

 

On the other hand, in accordance with Article L. 221-28 of the Consumer Code, the Products cannot be subject to a right of withdrawal:

 

• likely to deteriorate or expire quickly;
• which have been unsealed by the Customer after delivery and which cannot be returned for reasons of hygiene or health protection.

 

 

5.2. Terms of the right of withdrawal

 

In order to exercise his right of withdrawal, the Customer must notify his intention to withdraw by means of an unambiguous statement expressing his wish to withdraw or by using the withdrawal form available herei by e-mail to the following address: hello@santarome.fr

The Customer must return the Product which is the subject of the withdrawal within fourteen (14) days of communicating his decision to withdraw to the following postal address: SANTAROME SAS, 25 rue du Général FOY, 75008 PARIS.

                                                                                              

The Product concerned must be returned to SANTAROME SAS:

 

• in its original packaging in perfect condition for resale (undamaged),
• together with the sales invoice allow the Customer to be identified.

 

The costs of returning the Products are to be borne by the Customer.

 

Returned Products will be refunded the purchase price of the Products and the delivery costs, except for any additional costs related to the return of the Products.

 

This refund will be made within fourteen (14) days from the day SANTAROME SAS was informed of the Customer's decision to withdraw, provided that the Products have been received by SANTAROME SAS within this period.

 

However, this refund period shall be deferred until SANTAROME SAS has recovered the Products or until the Customer has provided proof of shipment of the Products.

 

The refund will be made by SANTAROME SAS using the same means of payment that the Customer used to place the Order.

SANTAROME SAS reserves the right to modify the sale prices of the Products at any time, it being specified that the sale prices of the Products are fixed by the price list in force at the time the Order is placed. The prices of the Products are always inclusive of all taxes and in euros. The price is payable in cash and payment is immediate after the Order has been confirmed. Payment is made by credit card or via Paypal. All Orders imply a prior obligation to pay. As Product(s) Orders require Internet access, the prices indicated do not include the cost of the Internet connection, which shall be borne by the Customer.

7.1 Terms of Delivery

 

Deliveries are made exclusively in Metropolitan France and in the French overseas departments and territories to the delivery address indicated by the Customer during the Order process.

 

Delivery methods, delivery restrictions and delivery charges are indicated during the Order process.

 

Deliveries are made, at the customer's option:

 

• via Chronopost,
• via Colissimo for home delivery,
• via Mondial Relay.

 

7.2 Delivery time

 

In accordance with article L. 216-1, paragraph 2 of the French Consumer Code, the maximum delivery time is 30 days from the date the Product is ordered; SANTAROME SAS will provide the Customer with an estimated range of the Delivery date during the Order process, depending on the Delivery method selected by the Customer. For a Delivery in Metropolitan France, the delivery time provided as an indication is generally between 7 and 15 days from receipt of the Order.

 

 

7.3 Delayed Delivery

 

In the event of late delivery, the Order shall not be cancelled by operation of law.

 

A delay in Delivery exceeding seven (7) working days from the latest Delivery date indicated by SANTAROME SAS, and not due to force majeure, shall give the Customer the right to cancel the Order by sending a request to SANTAROME SAS - taking care to communicate his Order number - by e-mail to the following address: hello@santarome.fr.

 

The Customer shall obtain a refund of the total price of the Order within fourteen (14) working days following the cancellation of the Order, excluding any compensation.

 

7.4 Delivery and conformity of the Products

 

Delivery shall be deemed to have taken place as soon as the Product is made available to the Customer by the carrier.

 

Upon delivery of the Products, it is the Customer's responsibility to check the condition of the package containing the Products and to express any reservations that he/she deems justified or to refuse the package if :

 

• said package appears to be damaged,
• the said package appears to have been opened.

 

The Customer shall send his reservations to the carrier by registered letter with acknowledgement of receipt within four (4) working days following the delivery of the Products, it being understood that SANTAROME SAS assumes, in principle, the risks of transport with regard to the Customer.

 

The risks relating to the Products are borne by the Customer, from the moment they are physically taken possession of by the Customer or by a third party designated by him; by exception, the risks relating to the Products are borne by the Customer, from the moment they are handed over to the carrier, in the event that the carrier has been chosen by the Customer and outside the modes of transport proposed by SANTAROME SAS, at the special request of the Customer.

 

7.5 Customer contact details

 

It is the Customer's responsibility to ensure that when placing the Order, they provide accurate and sufficiently precise information concerning their contact details to avoid any error in Delivery or loss of Products; any error by the Customer concerning this information and resulting in a delay in Delivery or loss of Products cannot be held against SANTAROME SAS.

When acting under the legal guarantee of conformity, the Customer has a period of two years from the delivery of the Product to act; he may choose between repairing or replacing the Product. However, article L. 217-9 of the French Consumer Code provides that the seller - in this case SANTAROME SAS - may not proceed according to the Customer's choice if this choice entails a cost that is clearly disproportionate to the other method, taking into account the value of the Product or the importance of the defect. It is then obliged to proceed, unless this is impossible, according to the method not chosen by the Customer.

 

The Customer is exempted from proving the existence of the defect of conformity of the Product during the two years following the delivery of the Product.

 

The legal guarantee of conformity applies independently of any commercial guarantee that may be granted by SANTAROME SAS.

 

The Customer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code; in this case, he/she may choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.

8.1. Non-conformity

In accordance with the legal provisions in force (articles L. 217-4 to L.217-14 of the Consumer Code):

 

• the Product(s) ordered must be fit for the purpose usually expected of a similar good, correspond to the description given by SANTAROME SAS and possess the qualities that the latter has presented to the Customer (with the exception of non-contractual visuals);

 

• the Product(s) ordered must have the qualities that a Customer may legitimately expect in view of the public statements made by SANTAROME SAS, particularly in advertising.

 

SANTAROME SAS is committed to :

 

• or to replace the non-conforming Product with an identical Product (subject to stock availability),

 

• or to exchange the non-conforming Product for a Product of equivalent price and quality (subject to stock availability),

 

• or to reimburse the Customer for the price of the non-conforming Product under the conditions set out in article 3 of the GTC.

 

8.2. Hidden defects

 

A hidden defect is any hidden defect that makes the Product(s) ordered unsuitable for the intended use, or that reduces this use to such an extent that the Customer would not have purchased it, or would have paid a lower price for it, if he had known about it.

 

In accordance with the legal provisions in force (articles 1641 to 1649 of the Civil Code), SANTAROME SAS undertakes to:

 

• or to reimburse in full the price of the defective, damaged or spoiled Products;

 

• or to reimburse part of the price of the defective, damaged or spoiled Products, if the customer wishes to keep the Products;

 

• or, if the Customer so wishes, to exchange the apparently defective, damaged or damaged Products for Products of equivalent price and quality (subject to stock availability).

 

This guarantee for hidden defects runs for two years from the discovery of the defect.

 

 

8.3. Implementation of guarantees and after-sales service :

 

In the event of damaged packages, lack of conformity or hidden defects affecting the Product, and without prejudice to his possible right of withdrawal, the Customer must make a detailed report within the time limit set by e-mail to the following address: hello@santarome.fr and send the Product to the following postal address SANTAROME SAS, 25 rue du Général FOY, 75008 PARIS, together with the sales invoice that identifies the Customer. The Customer shall accompany his complaint with a photograph showing the condition of the Product, or a description of the problem encountered.

 

After this period, the Products delivered to the Customer shall be deemed to be free of any defects.

 

In cases where a lack of conformity or a hidden defect affecting the Product is proven and not due to the fault of the Customer, the Customer may obtain reimbursement within fourteen (14) days of receipt of the complaint by SANTAROME SAS.

 

The Customer will be reimbursed for the initial and return shipping costs (excluding any additional costs resulting from the fact that the Customer has chosen a more expensive method of delivery or shipping than that proposed by SANTAROME SAS).

9.1. By placing an Order online, the Customer acknowledges and accepts the characteristics and limitations of the Internet.

 

In this respect, SANTAROME SAS cannot be held responsible for

 

• technical performance or malfunctions;
• response times for consulting, querying or transferring information;
• service interruptions due to the characteristics and limitations of the Internet network;
• the lack of protection of certain data against misappropriation, intrusion, and the risk of contamination by viruses circulating on the network, and the piracy of the Customer's data.

 

It is the Customer's responsibility to take all appropriate measures to protect its own data, programs and files.

 

SANTAROME SAS cannot be held responsible for any damage that may result from the above-mentioned risks, such as loss of data or damage to computer equipment.

 

SANTAROME SAS cannot be held responsible for :

 

• the failure to receive the Customer's Order data for any reason whatsoever (e.g. Internet connection problems);
• the receipt of incomplete, illegible or unprocessable data relating to the Customer's Order;

9.2. The Customer must choose a Username and Password to access his account which he must not communicate to third parties; SANTAROME SAS shall not be liable for any damage arising from insufficient protection of the Customer's Username and Password.

 

9.3. Websites outside the SANTAROME SAS Website that are linked to the latter via hypertext links are not under the control of SANTAROME SAS, which declines all responsibility for their content.

 

9.4 The Customer is entirely responsible for the accuracy of the information that he/she sends to SANTAROME SAS when placing the Order.

 

The information provided by the Client at the time the Sales Order is placed is binding; in the event that the Client makes a mistake in providing his/her contact details or those of the recipient of the Products, resulting in the loss of the Products, the Client shall not be entitled to a refund of the Sales Order.

 

9.5. SANTAROME SAS shall not be held responsible in the event of a fortuitous event or an event of force majeure. The occurrence of such an event shall have the effect of suspending the performance of SANTAROME SAS' contractual obligations.

SANTAROME SAS invites Customers to consult its personal data protection policy, which can be accessed via the following hypertext link: XXX

This personal data protection policy is intended to inform Customers in particular about :

• the processing of the Customer's personal data collected via the Website,
• the Customer's rights in relation to their personal data,

the function of cookies as well as their management and blocking.

SANTAROME SAS is the exclusive owner of all Intellectual Property Rights relating to the Products and to the structure and contents of the Website unless otherwise expressly stated.

 

The sale of the Products does not in any way imply the transfer to the Customer of the Intellectual Property Rights attached to the Products, which are the exclusive property of SANTAROME SAS.

 

Any reproduction, exploitation, distribution or use for any purpose whatsoever, even partially, of all or part of the Intellectual Property Rights attached to :

 

• to the Products of SANTAROME SAS,
• the structure and content of the SANTAROME SAS website,

 

without the express prior authorisation of SANTAROME SAS exposes offenders to legal proceedings.

 

These actions are likely to constitute an infringement of Intellectual Property Rights within the meaning of articles L. 335-2 et seq., articles L.515-1 et seq., L.521-1 et seq., articles L.615-1 et seq., articles L.615-12 et seq. and articles L. 713-1 et seq. of the Intellectual Property Code.

Any dispute relating to the interpretation and execution of the GTC is subject to French law.

 

In the event of a dispute, notably concerning the interpretation or execution of the GTC, it is agreed that the Customer and SANTAROME SAS shall consult each other in order to reach an amicable agreement.

 

To this end, SANTAROME SAS provides Customers with a customer service department that can be contacted by e-mail at the following address: hello@santarome.fr

 

In the absence of a direct amicable agreement with the SANTAROME SAS customer service, or in the absence of a response from this service within a reasonable period of time, the Customer may submit the dispute free of charge to an external mediator, by sending his or her request for amicable settlement of the dispute to the FEVAD mediation service (Fédération du e-commerce et de la vente à distance) whose contact details are as follows: 60 Rue La Boétie - 75008 Paris - http://www.mediateurfevad.fr.

In accordance with Article L.612-2 of the Consumer Code, a dispute cannot be examined by the Consumer Ombudsman when:

 

• the Customer does not justify having previously attempted to resolve the dispute directly with SANTAROME SAS by means of a written complaint;
• the Customer's request is manifestly unfounded or abusive;
• the Customer's application has been previously examined or is being examined by another mediator or by a court;
• the Customer has submitted his request to the mediator within a period of more than one year from the date of his written complaint to SANTAROME SAS;
• the dispute does not fall within the Ombudsman's jurisdiction.

 

The Customer remains free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.

 

In the absence of an amicable resolution, any dispute or litigation relating to the interpretation and/or execution of the GTCS shall be brought before the court of the defendant's place of residence or the place of actual delivery of the Product, at the choice of the plaintiff (SANTAROME SAS or the Customer). Any dispute relating to the interpretation and execution of the present general terms and conditions of sale shall be subject to French law.

ARTICLE 1 - DEFINITIONS

Regulation : means these Contest Rules.

Game Contest: means the contest to which the Rules apply.

Organiser: means the company SAS Santarome, registered in the Paris Trade and Companies Register under number: 326 346 715, whose registered office is located at 25 rue du Général Foy, 75008 PARIS.

Participant(s) means the participant(s) in the Competition.

 

ARTICLE 2 - ORGANISATION

The Organiser organises occasional competitions on Facebook and/or Instagram with no obligation to buy (here on its FACEBOOK and Instagram account Laboratoire Santarome Bio).

The purpose of these Rules is to set out the rules for the organisation of the Game.

The Game is not organised or sponsored by Facebook or Instagram. Personal data is collected by and for the Organiser, without Facebook or Instagram being involved in the collection of the personal data, and without being the recipient of the personal data.

 

ARTICLE 3 - DURATION OF THE GAME

The Game will take place on the dates indicated on the Facebook and/or Instagram posts. However, the Promoter reserves the right to modify, postpone, cancel or extend the Game periods if circumstances so require, without liability.

ARTICLE 4 - TERMS AND CONDITIONS OF PARTICIPATION

Article 4.1 - Conditions of participation in the Game

Participation in the Game is free of charge and no purchase is necessary.

The Game is open only to natural persons of legal age, legally capable of entering into a contract, residing in metropolitan France, with the exception of members of the Organiser's staff and/or members of their families in the direct line, as well as any person who has participated directly or indirectly in the design, implementation or management of the Game and/or members of their families in the direct line.

Only one entry per person is permitted.

The participation is strictly nominative and the Participant may under no circumstances participate in the Game on behalf of third parties, in particular via the Facebook or Instagram account of such third parties.

Article 4.2 - Terms of participation.

The Game appears on the Promoter's Facebook account, which can be accessed at: https://www.facebook.com/santarome.fr

And/or on the Organiser's Instagram account, accessible from the following address

https://www.instagram.com/santarome_bio/

To participate in the Game, the Participant must:

- Have an account on the platform used (Facebook or Instagram), as well as an Internet connection;

- Be or become a fan of the Santarome Bio page on the platform used (Facebook or Instagram);

- Liking the publication on the platform used (Facebook or Instagram);

- Comment on the post on the platform used (Facebook or Instagram) announcing the Game with the correct answer to the question asked and identify a third party.

 

In order to participate in the Game, it is possible to create a Facebook account at https://www.facebook.com/

In order to participate in the Game, it is possible to create an Instagram account at

https://www.instagram.com/

Any entry to the Game that does not comply with the conditions set out in these Rules or that is registered after the entry deadline will be disregarded and will be considered void.

Any participation implies full acceptance of these Rules.

The Organiser reserves the right to request proof of identity and residence from Participants at any time.

Article 4.3 - Exclusion from participation

Any violation of the articles of the Rules will result in the exclusion of the Participant and the non-award of any prize, without prejudice to any other action that the Organiser may decide to take.

The Organiser reserves the right to carry out any verification to ensure compliance with this article as well as with the Rules as a whole, in particular to exclude any Participant who has committed any abuse, without however being obliged to carry out a systematic verification of all Participants, and may limit this verification to the winners.

Any fraud will result in the immediate disqualification of the Participant and, if applicable (upon the Organiser's decision) the reimbursement of the prizes already sent.

ARTICLE 5- ENDOWMENT, VALUE AND NATURE OF THE PRIZES

5.1. Endowment and value of the prizes

The nature, value and number of prizes at stake are as follows:

1 of 2 prizes to be won, consisting of :  

• Lot 1: Digestion Pack Ampoules: 20 ampoules Bien-Être du Foie Organic, 20 ampoules Desmodium 2000, 500ml Pure Birch Sap Organic worth €48.60 including VAT

OR

• Lot 2: Digestion Pack Capsules: 30 capsules Bien-Être du Foie Organic, 30 capsules Desmodium 2500, 500ml Pure Birch Sap Organic worth €44.10 including VAT.

 

The values indicated above are average values of public prices including VAT at the date of drafting of the Rules, excluding delivery costs to be paid by the Organiser. They are provided as an indication and may be subject to variation.

The attribution, nature and value of the prizes cannot give rise, on the part of the winners, to any dispute of any kind, nor to the remittance of its equivalent value in money or in products, nor to its replacement or exchange for any reason whatsoever.

Furthermore, the prizes are not transferable and cannot be refunded in full or in part.

In the event of force majeure and if circumstances so require, the Organiser reserves the right to replace the prizes with prizes of an equivalent nature and commercial value.

 

ARTICLE 6 - DESIGNATION OF WINNERS AND DELIVERY OF PRIZES

6.1. Designation of winners

Facebook: A draw will be held via the site https://random-facebook.com/ among the entries made in accordance with the Rules.

Instagram: A draw will be held via the website https://commentpicker.com/ among the entries made in accordance with the Rules.

The number of winners will correspond to the number of prizes up for grabs, i.e. a total of 1 winner per game.

For each prize, the draw will take place on the date indicated on the Facebook or Instagram post.

Only one prize will be awarded per winner.

6.2. Delivery of prizes and information to the winners

Only the winners will be informed by the Organiser of the results of their participation in the Game. No private message or e-mail will be sent, even in response, to Participants who have not won.

The winners of the Game will be contacted by private message, via Facebook or Instagram, by the Organiser within 1 week of the draw. Each Participant accepts these information methods in order to access the prizes in the event of winning.

Once the winner(s) has been informed of his/her win, he/she must reply, at the latest, 7 days after the notification informing him/her of his/her win, to the Organiser to confirm that he/she accepts his/her prize and to communicate his/her contact details by private message.

If the winner(s) do not respond within 7 days, the prize(s) won will be put back into play or retained by the Organiser without the winner(s) being able to obtain any compensation.

The winner(s) will receive his/her prize within a maximum of 6 weeks after having communicated his/her acceptance of the prize and his/her contact details to the Game Organiser.

The prizes will be sent to the winners (as evidenced by the carrier's stamp) by post for winners residing in metropolitan France, the territory defined for the organisation of the game, at the winners' risk, to the address they will have indicated in a private message in response to the Organiser.

The Organiser shall not be obliged to award the prizes if the winner has not correctly provided his/her details when notifying the winner or has not complied with these Rules.

If a winner :

• does not respond to the Organiser's private message announcing his/her win within 7 days,
• refuses his lot,
• gives an address that is outside the permitted territory or is incorrect,
• or does not take delivery of the lot,

 

then this winner will be considered to have renounced his/her prize. In this case, the prizes concerned will become the property of the Organiser, who may dispose of them as it sees fit.

 

ARTICLE 7 - LIMITS OF THE ORGANISER'S LIABILITY

7.1. Modification and cancellation of the Game

The Organiser cannot be held responsible if the Game is modified, postponed, extended, shortened or cancelled.

The Organiser reserves the right, if circumstances so require, to shorten, extend, modify or cancel this Game. The Organiser shall not be held liable in this respect.

The Organiser reserves the right to cancel at any time and without notice the participation of any Participant who has failed to comply with the Rules.

The Organiser may cancel or suspend all or part of the Contest if it appears that fraud has occurred in any form whatsoever, in particular by means of computerised participation in the Contest. In this case, the Organiser reserves the right not to award the prize to the fraudster and/or to prosecute the perpetrator(s) of the fraud before the competent courts.

7.2. Use of the website and the Facebook application

Each Participant must respect the terms of use of the website and the Facebook and Instagram applications.

The Participant acknowledges that he/she is aware of the general terms and conditions of use and the privacy policy of the website and the Facebook and Instagram applications, which can be consulted directly on the website and on the Facebook and Instagram applications.

The Organiser assumes no responsibility for the content and use of Facebook and Instagram. Similarly, Participants may not seek liability from Facebook or Instagram for matters relating to the organisation of the Game.

7.3. Access to the Game

Participation in the Game implies knowledge and acceptance of the characteristics and limits of the Internet, particularly with regard to technical performance or malfunctions, response times for consulting, querying or transferring information, the lack of protection of certain data against possible misappropriation or piracy and the risk of contamination by any viruses circulating on the network.

The Organiser may not be held directly or indirectly responsible, in particular, if the Participants' data required to fulfil the conditions of participation do not reach it for any reason (for example, problems with the Internet connection for any reason whatsoever on the part of the user, momentary failure of its servers for any reason whatsoever, etc.) or arrive illegible or impossible to process (for example, if the Participant has inadequate computer hardware or software environment for registration, illegible text, etc.).

It is the responsibility of each Participant to take all appropriate measures to protect their own data and/or software stored on their computer/digital equipment against any attack. The connection of any person to the Organiser's Facebook or Instagram pages and the participation of Participants in the Game is done under their sole responsibility.

The Organiser may not be held responsible for the fraudulent use of a Participant's connection rights or the awarding of prizes, unless it can be shown that the Organiser is guilty of gross negligence. As the Organiser is not obliged and does not have the technical means to ensure the age and identity of Participants registered in the Game, the Organiser shall not be liable in the event of identity theft by a Participant.

The Organiser reserves the right to disqualify any Participant who interferes with the running of the Game and to cancel, shorten, modify, postpone, extend or suspend the Game in the event of malfunctions on the Game's computer servers resulting in particular from bugs, alteration, unauthorised intervention, fraud, technical anomalies or any other cause due to the fault of that Participant and which affect the administration, security, fairness, integrity or proper conduct of the Game.

The Organiser will make its best efforts to allow access to the Game. However, the Organiser may, at any time, in particular for technical, updating and/or maintenance reasons, interrupt access to the site and the Game. The Organiser shall in no way be liable for these interruptions and their consequences. No compensation may be claimed in this respect.

 

7.4. Delivery and use of lots

The Organiser cannot be held responsible for delays, losses, damage, theft, bad weather, lack of legibility of the stamps due to the postal services, and in general for any case of force majeure occurring during the delivery of the prizes. The occurrence of such an event will have the effect of suspending or even cancelling the delivery of the prizes.

Any prize sent by the Promoter to a winner that is unclaimed or returned for any other reason by the postal services will be forfeited to the winner and will remain the property of the Promoter.

The Organiser shall not be liable for the acceptance and/or use of the prize and any damage that may result therefrom; the Organiser shall not be liable for any defect or misuse of the prize.

The Participants waive all claims related to all of these facts.

 

ARTICLE 8 - COLLECTION AND PROCESSING OF PERSONAL DATA

The personal data of the Participant collected by the Organiser will be processed by the Organiser in order to reward the Participant for the competition organised by the Organiser on its Facebook and Instagram pages.

The personal data is intended for the use of the Organiser only and will not be passed on to any third party by the Organiser.

Personal data will not be transferred outside the European Union by the Organiser.

In accordance with the law n°78-17 of January 6, 1978 relating to data processing, files and freedoms, the Decree n°2019-536 of May 29, 2019 taken for the application of the Law n°78-17 (hereafter referred to together as " Data Protection Act ") and Articles 15 to 21 of the " REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC "which came into force on 25 May 2018 (hereinafter referred to as the " RGPD "The Participant has the right to information, access, rectification, portability, limitation of processing, withdrawal of consent and the right to oblivion/deletion of personal data. The Participant also has the right to object to the processing of his/her personal data on legitimate grounds.

These rights can be exercised online by sending an email to contact@santarome.fr or by post to the postal address :

SANTAROME LABORATORY

25 rue du Général Foy - 75008 PARIS

In this case, the Participant must indicate the personal data that he/she would like the Organiser to correct, update or delete, and provide a copy of an identity document (national identity card or passport).

Participants may also file a complaint with the supervisory authorities, in particular the CNIL (https://www.cnil.fr/fr/plaintes) and the CCIN.

 

ARTICLE 9 - ACCEPTANCE OF THE RULES

Participation in the Game implies full acceptance of these Rules.

No telephone and/or postal enquiries regarding the interpretation or application of the Rules, the mechanics or the terms of the Game will be answered.

Any amendments or new Rules will be the subject of a new publication accessible on the Organiser's Facebook and Instagram pages.

Any amendment or new Rules will come into force as soon as they are posted on the Organiser's Facebook and Instagram pages and any Participant will be deemed to have accepted them simply by participating in the Game, as from the date on which the amendment or new Rules come into force. Any Participant who does not accept the amendment(s) must stop participating in the Game.

These Rules will be available online on the Organiser's Facebook and Instagram pages via a hyperlink and/or on the publication announcing the Game.

If one or more of the provisions of these Rules were to be declared null and void or inapplicable, the other provisions would retain all their force and scope.

 

ARTICLE 10 - ADVERTISING EXPLOITATION

Participants agree that their contributions to the Game shared on their Facebook or Instagram accounts may be reproduced, adapted and represented in the context of the exploitation and communication of the Game.

They certify that they are the owners of the intellectual property rights on these textual contents and/or images and graciously authorise the Organiser to share them on its Facebook or Instagram accounts.

 

 

 

ARTICLE 11 - INTELLECTUAL PROPERTY

The general structure of the Promoter's personalised Facebook and Instagram pages (apart from the graphical interface specific to Facebook and Instagram) and the Game publication, as well as the texts, logos, graphics, brands, images, sounds and videos that make up these pages, are the property of the Promoter or third parties and over which the Promoter or third parties hold Intellectual Property rights (in particular copyrights, trademark rights, designs and patents).

The Organiser or third parties are also the owners or licensees of Intellectual Property rights on the prizes.

Any representation and/or reproduction and/or exploitation, in whole or in part, of the contents of the Organiser's Facebook and Instagram pages and of the publication of the Game and/or of the prizes on which the Organiser or third parties hold intellectual property rights, by any process whatsoever, without the prior written authorisation of the Organiser or of the third parties holding intellectual property rights on the said contents and/or prizes, is strictly prohibited and would be likely to constitute an infringement within the meaning of Articles L. 335-2 et seq. and following, L.521-1 and following, articles L.615-1 and following, articles L.615-12 and following, and articles L. 713-2 and following and L. 716-1 and following of the Intellectual Property Code.

The Participants are therefore not entitled to reproduce, represent or market these contents and/or prizes except in the following cases:

- Private copy (for the sole personal use of the Participants) ;

- Representation within the family circle.

 

In general, any representation and/or reproduction and/or partial or total exploitation of Intellectual Property Rights, of any nature whatsoever, is strictly prohibited and would be likely to constitute an infringement within the meaning of articles L. 335-2 et seq., articles L.515-1 et seq., L.521-1 et seq., articles L.615-1 et seq. and articles L.615-12 et seq.

In any event, Participants may not make any secondary use of the content of the Organiser's Facebook and Instagram pages, whether for payment or free of charge.

 

ARTICLE 12 - PAYMENT OF PARTICIPATION FEES

Participants in the Game may obtain a refund of their Game entry fee. There can only be one overall refund request per person (same name and/or same address and/or same email address).

The reimbursement is made under the following conditions:

Regarding connections to the pages https://www.facebook.com/ or https://www.instagram.com/ Participants who connect to the Internet using a modem and/or a telephone line billed on a pro rata basis according to the time spent or per call may obtain reimbursement of their connection costs on the basis of a flat rate per day corresponding to the cost of a 10-minute local telephone call including VAT from a fixed line, according to the rates in force.

Given that, given the current state of service and technology, some Internet service providers offer a free or flat-rate connection to Internet users, it is expressly agreed that any access to the pages https://www.facebook.com/ or https://www.instagram.com/ If the connection is made on a free or flat-rate basis (such as a connection by cable, ADSL or specialised connection), no reimbursement shall be made, insofar as the subscription to the services of the access provider is in this case contracted by the Internet user for his or her use of the Internet in general and the fact that the Participant connects to the site and participates in the Game does not cause him or her to incur any additional costs or expenses.

The costs incurred (slow postage rate in force less than 20 gr.) by the participant for this request for reimbursement will be reimbursed on simple written request.

The request for reimbursement must include the following elements: surname, first name, postal address and email address (all these elements must be identical to those entered on the game registration form), a bank or postal account details (RIB or RIP), the date and time of participation, and as soon as it is available, a photocopy of the detailed invoice from the telephone operator and/or access provider indicating the dates and times of connection by underlining them. This photocopy will serve as proof of address. The name and address of the person requesting reimbursement must be the same as those mentioned on the telephone operator's bill.

Requests for reimbursement must be sent by post, at the latest within twenty (20) days following the end of the game, the postmark being taken as proof, to Laboratoire Santarome, "Date du jeu" competition, 25 rue du Général Foy - 75008 Paris.

Any connection outside the territory mentioned at the beginning of the Rules will not be refunded.

No refund requests sent by e-mail will be considered.

 

ARTICLE 13 - CONSULTATION, DEPOSIT AND REGISTRATION OF THE RULES

The Organiser reserves the right to extend, shorten, modify or cancel its operation at any time, particularly in the event of force majeure, without the Participants being able to claim any compensation.

The full Rules are available online on the Promoter's Facebook and Instagram pages via a hyperlink and/or on the publication announcing the Game.

These Rules may also be sent, free of charge, (postage reimbursed at the 20g slow letter rate) to any person who makes a written request before the end of the Game to the following address Laboratoire Santarome, 25 rue du Général Foy 75008 PARIS, taking care to indicate the competition "date of the competition".

 

ARTICLE 14 - APPLICABLE LAW AND LITIGATION

The Participants are subject to the French regulations applicable to competitions.

These Rules are subject to French law.

Any dispute or claim relating to the Game will only be taken into account if it is sent by registered letter with acknowledgement of receipt to the Organiser, within a maximum period of two (2) months after the end of the Game, as evidenced by the postmark, stating the reasons for the dispute and indicating the contact details of the Participant who is the author of the claim, to the following address: 25 rue du Général Foy, 75008 PARIS.

In the event of a dispute relating to the interpretation or application of the Rules, the Organiser and the Participants shall endeavour to find an amicable solution and, failing agreement, shall turn to the Paris Court of Justice.