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Terms of Sales - Vouchers and gift cards

  • Preamble
  • Article 1 : General provisions
  • Article 2 : Services offered and online contracts
  • Article 3 : Price
  • Article 4 : Availability and validity
  • Article 5 : Delivery terms
  • Article 6 : Payment
  • ARTICLE 7: COMPLAINTS
  • Article 8 : Warranties
  • Article 9 : Modification and nullity of the contract
  • Article 10 : Intellectual property right
  • Article 11 : Protection of personal data
  • ARTICLE 12: FORCE MAJEURE
  • Article 13 : Applicable right
In these General Conditions of Sale, the words below will have the following meaning:
  • Establishment : natural or legal person offering goods and services for sale.
  • Client : a natural or legal person making a purchase from the establishment.
  • Beneficiary : refers to the natural or legal person receiving the service and enjoying the property sold by the establishment.
  • MyBeezBox : software solution allowing the establishment to market offers of gift vouchers, gift vouchers, etc. MyBeezBox does not act as a seller.
  • Gift voucher : commercial offer allowing the customer to offer a predefined service to the beneficiary of his choice.
  • Gift certificate : commercial offer allowing the customer to offer an amount to be spent by the beneficiary with the establishment.
  • Offer : refers to a commercial offer such as a gift certificate or gift certificate offered by the establishment.
  • Exchange voucher : refers to a purchase confirmation summarizing all the conditions of use of the offer by the beneficiary.
These general conditions of sale take place between :
  • On the one hand, the company Flax and Kale S.L., to the share capital of 0.00 €, referred to below Flax&Kale whose head office is located at Calle Tallers 77, DEP 4 - - - 08001 Barcelona - ES, whose SIREN is B25767781 ; legally represented by Jordi Barri Carles, duly authorized for the present purposes.
  • On the other hand, the customer.
The establishment Flax&Kale uses MyBeezBox solution to offer online sales offers, available via the https://flaxandkale.com/. In this case, MyBeezBox is the supplier of the IT solution, only the establishment carries out the sale.

These General Conditions of Sale governing the terms and conditions of sale of offers by the establishment Flax&Kale, we advise you to consult them carefully before committing yourself.
These conditions apply to the online sale of offers by the establishment.
These General Terms and Conditions of Sale (GTC) are valid from 29 November 2023. They replace any other form of general terms and conditions of sale previously in force relating to the sale of commercial offers.
The institution reserves the right to modify the GTCs, although such modification is inapplicable to contracts concluded previously respecting the GTCs associated with said sales.
Any customer, before committing, certifies being able to conclude a contract according to the terms of articles 1123 and 1224 of the civil code.
Before entering into a contract, each customer must read and accept the general conditions of sale of the establishment.
Article 2.1
The offers are available on the site of the selling establishment, in the form of services specific to the establishment, which may be supplemented by options subject to the agreement of the establishment.
The photos and videos describing the services of the various offers are not contractual.

Article 2.2
The offers are available for purchase online on the site https://flaxandkale.com/.
The consideration of this purchase by the establishment assumes full payment for the service.
When purchasing online, the customer is redirected to a secure platform managed by MyBeezBox and its banking partner HomelocPay, the latter being a partner of Mangopay Advent International.
It is the customer's responsibility to fill in his personal information in such a way as to identify him as provided for in article 1316-1 of the civil code.
In the event that the customer is not the beneficiary of the offer, the latter will be automatically kept informed of this purchase via different delivery methods made available to the customer.
During payment, the establishment certifies that it makes a link available to the customer to access these present GTC.
The prices posted on the establishment's website are inclusive of all taxes.
The price of the options will be added to the price of the service announcement, as well as that relating to postage, effective only in the event of sending the exchange voucher by post.
The establishment reserves the right to modify the prices, without retroactive application on the sales concluded prior to this modification.
Article 4.1
The establishment proposes offers within the limits of its availability and capacity.
LThe offer may be used for the services mentioned in the details of the service published online, any complaint concerning a service not provided for in the offer - including options - may not be accepted.

Article 4.2
The offers are valid for a period of time specified by the establishment at the time of purchase, the validity period begins from the date of purchase and not from the date of reservation on the site.
The purchase of the offer is made by the customer. However, the latter is not necessarily the beneficiary.
A reservation, subsequent to the purchase, must necessarily take place for the use of the offer.
The reservation must be made during the validity period of the offer. On the other hand, once this first condition is met, the date of the stay may be outside this same period of validity.
The beneficiary, provided with the unique code relating to the offer purchased, must book his service on the establishment's website. The establishment is in no way responsible for booking the services.
The establishment reserves the right to set the dates of availability of the services. These are available for consultation at the time of booking.
In the event that this period of validity is exceeded, the offer is not refundable and will be considered as acquired by the establishment.
The offer commits the establishment to a service when it validates the receipt of payment and the registration of the reservation.
The customer has the choice between several methods of receiving the purchase, the application of these methods of confirmation of purchase is left to the discretion of the establishment. Any confirmation is sent as soon as the payment is validated by the establishment.

On the one hand, in the case where the customer is the beneficiary of the offer:
  • Send the customer the confirmation of purchase of the offer by email. The voucher will be accessible via this email using a hypertext link. The customer will then be able to download the exchange voucher in PDF format by clicking on the link. It will then be possible to print it if necessary.
  • Sending a personalized exchange voucher to the customer by post, a delay of a few working days is to be expected before receipt. The shipping costs are fixed by the establishment and available when choosing the shipping option. A confirmation email is sent to the customer as soon as the payment is validated.
On the other hand, in the case where the customer is not the beneficiary of the offer:
  • Sending the customer the confirmation of purchase of the offer by email. The voucher will be accessible via this email using a hypertext link. The customer will then be able to download the exchange voucher in PDF format by clicking on the link. It will then be possible to print it if necessary.
  • Sending to the beneficiary of a notification of purchase of an offer in his favour. The voucher will be accessible via this email using a hypertext link. The beneficiary will then be able to download the exchange voucher in PDF format by clicking on the link. It will then be possible to print it if necessary. At the same time, the customer receives an email confirming the purchase.
  • Sending a personalized exchange voucher to the customer by post, a delay of a few working days is to be expected before receipt. The shipping costs are fixed by the establishment and can be consulted when choosing the shipping methods. A confirmation email is sent to the customer as soon as the payment is validated.
In the event that the customer or beneficiary encounters difficulties regarding the receipt of the exchange voucher, we invite you to contact the establishment for any claim. To do so, consult article 7 of these same GTC.

In the event that the customer makes an error preventing or delaying the receipt of the exchange voucher, the establishment cannot be held liable. Complaints will then be dealt with separately.
Offers are exclusively subject to sale via payment by Visa, Mastercard or Carte Bleue bank card.
The bank data relating to the card used by the customer must be entered in the corresponding fields, namely the card number, the security code, the name of the cardholder and the expiry date of the said card.
As provided for in Article L.133-8 of the Monetary and Financial Code, payment by card is an irrevocable commitment, once given.
The establishment reserves the right to accept deferred payments. Otherwise, full payment is due to complete the offer purchase.
In case of error or refusal of payment, the transaction is considered as unsuccessful, the purchase is then suspended.
Payment security is guaranteed by MangoPay, a subsidiary of the Mangopay Advent International bank.
MyBeezBox is at no time in possession of the money, the latter passing through an escrow account opened specifically on behalf of the establishment.
Article 7.1
In the case of a complaint concerning the purchase of an offer or the receipt of the exchange voucher, you can contact the establishment Flax&Kale by :
  • Letters, at the address Calle Tallers 77, DEP 4 - - - 08001 Barcelona - ES,
  • Email, at the address flaxandkale@bonkdo.com
  • Phone, to None
In the event of an error in the sending or content of the exchange voucher, or a deterioration of the exchange voucher when it is sent, you have a 14-day period from the day of receipt to inform the institution.
In the event of loss or theft of your voucher, it is necessary to notify the establishment within 14 days as soon as the incident is detected.

Article 7.2
The transfer of responsibility for the offer between the establishment and the customer takes place as soon as the latter is delivered, according to article 1138 of the Civil Code.
As established in Article L. 211-4 of the Consumer Code, the seller undertakes to respect the various contractual guarantees then provided. The establishment certifies that it holds liability insurance appropriate to the activity carried out.
This provision applies to the beneficiary who must possess sufficient civil liability insurance in connection with the practice of a sporting activity, whether or not it is deemed to be "at risk".
Article 9.1
The modification of one of the clauses of the purchase contract may be modified with the written agreement of both parties.

Article 9.2
The fact that the establishment does not invoke one of the clauses of these general terms and conditions of sale does not stipulate that the latter renounces to inquire about this condition at a later date.
The invalidity of one of the provisions of the GTC does not entail the invalidity of these conditions.
The establishment publishes its offers on the https://flaxandkale.com/, the content appearing on the latter (photos, videos, etc.) is the property of the establishment and may not be reproduced without prior authorisation.
If necessary, the establishment has the right to take legal action against the natural or legal person responsible for this damage.
INFORMATION WE COLLECT
When you use MyBeezBox
When you visit websites using the technology offered by the MyBeezBox solution or register for one of our services, we ask you to provide personal information about yourself.
We automatically collect information about your computer hardware and software. This information may include your IP address, browser type, domain names, Internet service provider, files viewed on our site (HTML pages, graphics, etc.), operating system, clickstream data, access times and addresses. This information is used by MyBeezBox for the operation of their services, to maintain quality of service and to provide general statistics regarding the use of our services. For these purposes, we link this automatically collected data to personal information such as name, email address, address and phone number.

When you make a transaction via MyBeezBox
When you make a transaction, we also collect your banking information such as your credit card number and the CCV/CVV code so that MangoPay, our banking partner, can proceed with the proper operation of this transaction.

HOW WE USE THE INFORMATION COLLECTED
All customers signing a contract with MyBeezBox agree to abide by the terms of the contract as well as those applicable by the GDPR on the use, collection, and processing of personal data. No information is resold to third parties.
No information is resold to third parties.
If you provide us with credit card information, we use it only to verify your financial qualifications and collect payment from you. We use a third-party service provider named MangoPay to handle credit card processing. This service provider is not authorized to store, retain or use the information you provide except for the sole purpose of processing credit cards on our behalf. We use a variety of security technologies and procedures to protect your personal information from unauthorized access, use or disclosure. We secure the personal information you provide on computer servers in a controlled and secure environment, protected from unauthorized access, use or disclosure. All personal information is protected using appropriate physical, technical and organizational measures.

LENGTH OF TIME WE RETAIN PERSONAL INFORMATION
The length of time we retain the information we collect about you depends on the type of information, as described in more detail below. After that time, we will delete or anonymize your information or, if that is not possible, we will securely store your information and isolate it from further use until deletion is possible.
We retain the personal information you provide to us when we have a legitimate business need to do so (for example, for as long as necessary to contact you about your contracted Service or our other services, or as necessary to comply with our legal obligations, resolve disputes and enforce our agreements).
When we have no legitimate business need to process your personal information, we securely delete or anonymize it or, if that is not possible, we securely store your personal information and isolate it from further processing until it is deleted.
If a customer terminates the use of all services offered by MyBeezBox, we will provide the customer with access to all information stored for the customer by the subscription service at the customer's request, including personal information provided, for export by the customer in accordance with our commitments set forth above. After termination, we may, unless prohibited by law, delete all such customer information.

HOW TO ACCESS AND CONTROL YOUR PERSONAL DATA
You are free to exercise your privacy rights:
  • You may request access, correction, update or deletion of your personal information.
  • You may object to the processing of your personal information, ask us to restrict the processing of your personal information or request an extraction of the data we hold about you.
  • If we have collected and processed your personal information with your consent, you are free to withdraw it at any time. Withdrawal of your consent will not affect the lawfulness of any processing we have carried out prior to your withdrawal, nor will it affect the processing of your personal information carried out on the basis of lawful processing grounds other than consent.
  • You have the right to complain to a data protection authority about our collection and use of your personal information.
To exercise any of these rights, please contact us at contact contact @ mybeezbox.com or by mail at MY SELLING TOOLS, Service MyBeezBox, 6 traverse Jules Guesde, 92100 BOULOGNE-BILLANCOURT. We will respond to your request to change, correct or delete your information within a reasonable time and will inform you of the steps we have taken.
The service will be suspended in the event of force majeure occurring, preventing the establishment from fulfilling its obligations under the contract; if the case of force majeure persists beyond 3 months, the suspension of the contract may be considered definitive.
If necessary, the establishment has a period of 14 days, from the time it becomes aware of it, to notify the customer.
The conditions of reimbursement will be subsequently and individually assessed according to the establishment.
These general terms and conditions of sale are governed by French law, as are the conditions for the execution, termination and evaluation of the contract and the settlement of disputes.