Terms and Conditions - Gunay
PREAMBLE
GUNAY S.R.L., headquartered at Square de l'Atomium, 1, 1020 Brussels, is company offeringbusiness-to-business (B2B) services in the supply of silk flowers. These services can be accessed via the website www.gunay.co
By subscribing to GUNAY services, and using any of our products or services, you agree to all of the following terms and conditions (T&C) and any future updates we may make to them.
1 SERVICES AND PRODUCTS - KEY FEATURES
1.1. GUNAY offers a personal subscription service. This subscription gives you access to silk flower arrangements. As a subscriber, you receive regular deliveries of bouquets, selected according to your plan.
You can choose the package that best suits your needs. Details of each package, including price, delivery frequency, and first delivery, are shown on our website www.gunay.co The choice of package is contained on the order form, and on the invoice issued when the contract is signed.
Each bouquet delivered by GUNAY is replaced at the time chosen by the user. Upon replacement, the old bouquet and all its accessories must be returned to GUNAY.
1.2. Each user is assigned a username and password, which are personal and non-
1.3. You agree to be the sole user of the username and password you created when you joined "GUNAY". You agree to protect this username and password, and to notify GUNAY if you believe they have been compromised.
1.4. The subscription is for a fixed period of 12 months, and will be renewed by tacit agreement on the first working day following the expiry of the subscription.
1.5. Notwithstanding the previous article, you may object to the tacit renewal of the subscription by sending a registered letter with acknowledgement of receipt to the post office 3 months before the end of the contract. This letter must be addressed to GUNAY S.R.L.'s head office, the date of the postmark being taken as proof.
2 CONTRACT CONCLUSION
2.1. The first bouquet is made available within one month of receipt of payment, on a date agreed between the parties, after acceptance of these terms and conditions, a copy of which the customer acknowledges having received and agrees to.
3 END OF CONTRACT
3.1. You may terminate your subscription at any time via your personal space. In the case of an annual subscription, any year started is due in full, it being understood that you retain the benefit of GUNAY services until the last day of your subscription
GUNAY reserves the right to terminate your subscription immediately if it finds that you are in breach of these terms and conditions.
4 FINANCIAL TERMS - INVOICING
By placing an order, you agree to purchase the subscription plan and any associated products or services as described on our website.
Payments for subscription services are processed on a recurring basis according to the plan selected. Delivery is monthly or quarterly. You authorize GUNAY to debit your payment method on the due date of each billing cycle.
If invoices are not contested by registered mail within 8 days of dispatch, they will be deemed to have been accepted by the user.
In the event of late payment, the customer is automatically liable for late payment interest at the rate stipulated in the French law of August 2, 2002, and for a lump-sum penalty equal to 10% of the invoice amount.
In the event of non-payment, GUNAY has the right to suspend its own obligations until all debts have been paid in full by the user.
All prices are listed on our website and are subject to change. We will inform you of any significant price changes before your next billing cycle.
If the GUNAY product is damaged or destroyed, even accidentally, by the customer, a lump sum of EUR 500 excluding VAT will be charged and invoiced at the next due date.
5 DELIVERY AND RETURNS
We will deliver your silk flower arrangements to the address you specify when placing your order. Delivery times and dates are subject to availability and may vary.
The user agrees to allow delivery of GUNAY products.
In the event of a delivery problem (absence, unexpected closure, etc.), the parties agree to use their best efforts to resolve the problem amicably.
Due to the nature of our products, we do not accept returns on floral arrangements. However, if you receive a damaged or incorrect item, please contact us within [7] days of delivery to arrange an exchange or replacement.
6 INTELLECTUAL PROPERTY RIGHTS
The elements accessible on the http://www.gunay.co site, whether they belong to GUNAY or to third parties, and their compilation and arrangement (texts, photographs, images, icons, videos, software, databases, data, etc.), are protected by the intellectual property rights of GUNAY or third parties.
Unless prior authorization has been given by the owner of the intellectual rights, the user may not, under any circumstances, copy, reproduce, represent, modify, transmit, publish, adapt, distribute, broadcast, license, transfer, sell, in any medium whatsoever, or exploit in any way whatsoever, all or part of the elements of this site.
The GUNAY names and logos that appear on the site are protected trademarks and/or trade names. Trademarks mentioned on the website may under no circumstances be used without the prior written consent of GUNAY.
7 WEBSITE
The content of the http://www.gunay.co website provided to the user for general information, documentation and leisure purposes.
The content of the http://www.gunay.co site may only be consulted within the framework of the services offered on this site and for the personal use of the user, and under no circumstances for commercial use.
You agree to use this site in compliance with all applicable laws and legal and contractual notices. The user may not use the site in any way that would prejudice the interests of GUNAY, its partners and/or its customers.
8 LIMITATION OF LIABILITY
Use of the http://www.gunay.co website at the user's own risk. All items downloaded or obtained in any other way while using the services are done so at the user's own risk.
The liability of each party shall be limited to direct damages, to the exclusion of any indirect damages.
Under no circumstances can GUNAY be held responsible for any damage resulting from the customer's computer configuration.
Without prejudice to its wilful misconduct or gross negligence, GUNAY may not be held liable for any direct or indirect, material or immaterial damage caused by the user.
Privacy Policy - GDPR
9.1. General
Protecting your privacy is of paramount importance to us. As far as possible, we want to inform you, respect your rights and allow you to control what happens to your personal data, in compliance with European Regulation 2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter the "European Regulation").
The purpose of this provision of the General Terms and Conditions of Privacy Protection (hereinafter referred to as the "Privacy Protection Policy", or the "Policy") is therefore to inform all natural persons concerned, hereinafter referred to as "you" or "your", about the way in which the http://www.gunay.co website processes and uses such personal data and about the means available to the natural person concerned to control such use.
9.2. Scope of this Privacy Policy
This Privacy Policy sets out the principles and guidelines for the protection of your personal data collected as part of the services offered by GUNAY.
The notion of personal data (hereinafter referred to as "Personal Data") refers to any information relating to an identified or identifiable natural person. A person is "identifiable" if he or she can be identified, directly or indirectly, in particular by reference to one or more factors specific to that person.
In contrast, "non-personal data" refers to information that cannot be used to identify an individual.
9.3. Who is responsible for your data
The party responsible for processing your data is GUNAY S.R.L, whose registered office is at Square de l'Atomium, 1, 1020 Brussels.
9.4. Who is protected by this privacy policy?
This privacy policy applies only to personal data processed by us as data controller.
9.5. What do we mean by "personal data processing"?
By "processing of personal data" we mean any processing of data that may identify you as a natural person (e.g. surname, first name, age, date and place of birth, address, telephone number, e-mail, etc.).
The concept of "processing" is vast and covers, among other things, the collection, recording, organization, storage, updating, modification, request, consultation, use, dissemination or any other form of provision, reconciliation, combination, archiving, erasure or final destruction of such data.
9.6. What personal data can we process?
We process the personal data you send us as part of the http://www.gunay.co subscription services. This may be done in writing (for example, when you register, when you send us a letter or complete a contact form (online), or when you send us an e-mail.
Categories of personal data
We distinguish between personal data that enables us to identify you as a customer of the http://www.gunay.co website. (for example, your first and last name, your date of birth, your location, your IP address), personal data that enables us to contact you (for example, your address, e-mail address and telephone number, as well as your browser type), personal data that indicates your personal characteristics (for example, your age and gender), your billing and payment data, as well as the products you consult on the http://www.gunay.co site.
9.7. For what purposes do we use personal data?
Proportional treatment
We process personal data for various purposes. In each case, we process only the data that is essential to achieve the intended purpose.
Thus, we use personal data when necessary:
- in connection with the preparation, performance or termination of the http://www.gunay.co Services.
and/or
- to defend our legitimate interests, in which case we always balance these interests with respect for your privacy.
If the processing of your personal data is not essential for one of these purposes, we will always ask for your permission to process your data.
Our processing activities
More specifically, we collect personal data for the following purposes:
- In order to carry out the Services of the web site, consisting notably, without this enumeration being exhaustive, of the realization of statistics, promotional communications, the sending of new lessons and the good execution of the delivery of our products.
Contact form
Our website contains a contact form page to enable you to ask us a question or request information directly via these channels. The information you give us via this form is kept and processed to the extent necessary to respond to your request.
9.8. How do we protect your personal data?
Our technical and organizational measures
We do our utmost to protect your personal data.
We apply various technical measures to protect your personal data against illicit access and use, loss or theft. These include password protection, hard disk encryption software, firewalls, antivirus software, intrusion and anomaly detection and access controls for our employees. In the event of a data leak with harmful consequences for your personal data, you as our customer will be personally notified in the circumstances provided for by law.
Data management and storage software is continually updated.
9.9. Where is your data stored?
Your personal data is stored on computer servers in Belgium
9.10. On what legal basis do we collect and process your personal data?
Personal data is collected with your consent and for the purposes of the contractual relationship we have with you or, where applicable, on the basis of the consent given by any person who has filled in one or more forms on the website.
9.11. Do we sell your data to third parties or pass them on?
Data transfer
We do not sell any personal data to third parties.
Unsubscribe from news and information communications
If you no longer wish to receive communications from GUNAY, you have the right to object to this type of communication, without justification.
9.12. What are your privacy rights and how can you exercise them?
Your rights at a glance
Rights | What does this mean? |
1. the right to be informed | You have the right to receive clear, transparent and easily understandable information about how we use your data and your rights. |
2. The right of access | You have the right to obtain a copy of your data (if we process it) and other information (similar to that provided in this privacy policy) about how it is used. This is so that you are informed and can check that we are using your information in accordance with data protection law. We may refuse to provide information where this would reveal personal data about another person or affect the rights of another person. |
3. The right of rectification | You may ask us to take reasonable steps to correct your personal data if it is inaccurate or incomplete. |
4. The right to erasure | This is also known as the "right to be forgotten" and, simply put, it allows you to request the deletion or deletion of your data where there is no compelling reason for us to continue using it, or where its use is unlawful. This is not a general right to erasure; there are exceptions, for example when we need to use your personal data to defend a legal claim. |
5. Right to restrictprocessing | You have the right to "block" or delete further use of your personal data when we are assessing a request for rectification or as an alternative to erasure. Where processing is restricted, we may still store your personal data, but we may no longer use it. We keep lists of people who have requested that the use of their personal data be "blocked" in the future to ensure that the restriction is respected. |
6. The right to data portability | You have the right to obtain and re-use certain personal data for your own purposes. |
7. Right to object | You have the right to object at any time to certain types of processing, on grounds relating to your particular situation, insofar as such processing is carried out for reasons of legitimate interests pursued by us or by a third party. We will be permitted to continue processing your personal data if we can demonstrate "compelling legitimate grounds for the processing which override your interests, rights and freedoms" or if we need it to establish, exercise or defend legal claims. |
In practice
➢ How can I exercise my privacy rights?
You can send us an e-mail to the following address: sales@gunay.co
In order to exercise your right of access and to avoid any unlawful publication of your personal data, we must verify your identity. In case of doubt or inaccuracy, we will first ask you for further information.
➢ Are there any charges
You may exercise your right to privacy free of charge, unless your request is manifestly unfounded or exaggerated, in particular because of its repetitive nature.
➢ In what format will I receive a reply?
If you submit your request electronically, the information is sent electronically if possible, unless your request stipulates otherwise. In any case, we will provide you with a concise, transparent, comprehensible and easily accessible response.
➢ When can I expect an answer?
We respond to your request as quickly as possible, and in any case within one month of receipt. Depending on the complexity and number of requests, this deadline may be extended by two months. If the deadline is extended, we will inform you within one month of receipt of the request.
9.13. How long do we keep your personal data?
We may not retain your personal data beyond the time necessary to fulfil the purpose for which it was originally collected.
Your data will be kept for as long as your account is active. In the event of deletion of the account at GUNAY's initiative, the data will be deleted immediately. If you wish to unsubscribe, the retention period is 36 months.
At the end of the applicable retention periods, personal data is deleted or rendered anonymous.
10 APPLICABLE LAW AND CHOICE OF FORUM
This Agreement shall be exclusively governed by and construed in accordance with Belgian law.
All disputes arising out of, in connection with or in connection with the performance or termination of this Agreement shall be submitted to the exclusive jurisdiction of the French-speaking Courts of Brussels.