France Ancestry – General Terms and Conditions
These General Terms and Conditions (‘GTC’) define the rules for using the websites, related mobile sites and mobile applications (referred to individually and collectively as the ‘Websites’) operated by France Ancestry (‘FRA’). Please read these GTC carefully before ordering products and services or using the Websites. These GTC count as accepted by you as soon as you order a product or use the Websites. If you reject these GTC, please do not use the Websites.
FRA can amend these GTC at any time. Therefore, you should check the GTC every time you are about to place an order or use the Websites. FRA will notify you of the changes if FRA amends these GTC and you are registered with us. If you do not notify FRA in writing that you do not agree with the announced changes within 14 days of receiving such a notification or if you order a product after receiving such a notification, the changes will count as accepted by you. When you use the Websites or place an order, you are bound by the applicable GTC at that time.
1. FRA Services
1.1 We make every effort to describe as accurately as possible the features, specifications, and details of the services available on the Site. However, we do not guarantee that the features, specifications, and details of the services will be accurate, complete, reliable, current, or free of other errors.
1.2 All services are subject to availability. We reserve the right to discontinue any services at any time for any reason, including after an order has been placed. Prices for all products are subject to change.
2. Ordering, Processing and Payment
2.1 It is important that you check the information you have entered before submitting your order, and correct it if necessary. You are bound to your order as soon as you place it. At this point, mistakes can no longer be corrected and you will not be entitled to a refund for products you have ordered by mistake.
2.2 The prices specified on the Websites will be charged for the order. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars.
2.3 You must pay with PayPal for all orders with any credit or debit card. If your cashless online payment is not accepted, FRA is not obliged to continue processing the order.
2.4 Upon receiving the order, FRA will send you an order confirmation by e-mail. If we are not successful in our research within 10 days from the date of order, we will automatically refund you and cancel your order.
2.5 If you are not satisfied with the quality of the service, you must bring any and all claims to us through the Websites. If you are not completely satisfied with your purchase for any reason, you may request a full refund by contacting us within 10 days of receiving your order. Our customer service will decide whether you are entitled a full refund.
These Websites and the content published therein (including photographs and graphical content) are protected worldwide by copyright, trademarks and other intellectual property rights belonging to FRA and its licensers. The content may not be used for any purpose other than using the offered services.
4. Data Protection
4.1 We are obliged to protect your personal data. All of the personal data we collect is processed in accordance with the Swiss data protection regulations.
4.2 If you visit the Websites or place an order through the Websites, you will be asked for personal data (including your name, contact information, address, credit and/or debit card information, etc.). We store personal data relating to your use of the Websites as well as from messages that you send us. Your personal data enables us to provide you with access to the Websites (areas that require you to log in), provide you with the services you order and contact you. We then collect and analyse personal data for statistical purposes and in order to manage, support, improve and develop our business. We can also use your personal data to ask you for feedback on our services and to notify you of important developments and initiatives.
4.3 We transmit your personal data to restaurants from which you order products, companies which process credit card transactions, couriers and third parties which perform services for us. By sending us your personal data, you consent to this sharing and processing of your personal data in line with these GTC. FRA has implemented suitable measures to ensure that your personal data is processed securely.
4.4 Personal data transmitted to us may be stored on servers abroad, and the third parties that we assign – as described in section 4.3 – may be based abroad in a country with no equivalent data protection legislation. However, we have implemented suitable measures to ensure adequate security in accordance with the Swiss data protection regulations.
4.5 Unless you have told us that you do not want to receive such information, we will notify you of similar products and services that might be of interest to you by phone, SMS, e-mail, push notification, social media, etc. You can change your mind at any time. If you no longer wish to receive such marketing material or updates from FRA in future, please use the unsubscribe option in the marketing material itself.
4.6 Additionally, we will disclose your personal data to selected third parties so they can provide you with information about their products and services that might be of interest to you, as well as to social media providers. You can change your mind in this regard at any time by notifying us that you are withdrawing your consent to all future disclosures for such purposes.
On behalf of FRA, Google Analytics also processes the information that the cookie collects about you in order to analyse how you use the Websites and provide FRA with services relating to use of the Internet. Your IP address which is sent by your browser to Google Analytics is only processed by Google Analytics and disclosed in the USA in its truncated, anonymised form, and is not merged with other data held by Google. You can prevent Google Analytics from collecting or processing the data generated by the cookie concerning your use of the Websites by downloading and installing the browser add-on from the following link: http://tools.google.com/dlpage/gaoptout?hl=us.
You can prevent the installation of cookies by selecting the appropriate settings in your browser, although please note that in this case you might not be able to make full use of all of the features of the Websites. Not deactivating the installation of cookies in your browser counts as consent to your data that is collected through cookies being processed in the ways described above and for the purposes described above.
5.1 You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
5.2 You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
6. Links to and from other websites
6.1 Links to FRA on third-party websites are provided exclusively for your convenience. FRA has not checked such sites and is not responsible for their content or availability.
6.2 Links can be created on such sites as long as this takes place in a fair, legally admissible manner, does not damage the reputation of FRA, does not exploit FRA unlawfully and does not imply a relationship with FRA that does not exist.
7. Warranty and Liability
7.1 FRA provides research services that may or may not be successful. FRA does not guarantee that the ordered product or service will be of satisfactory quality, will be consistent with the descriptions on the Websites or will be delivered on time.
7.2 Although FRA normally strives to keep the Websites operational 24 hours a day, FRA cannot be held liable if the Websites are temporarily unavailable, nor for disruptions to features on the Websites, delays in transmission or malfunctions.
7.3 The transmission of data over the Internet is never fully secure. Although we continuously take reasonable steps to protect your information, we cannot guarantee the security of your data. All data is sent at your own risk.
7.4 You are responsible for the security of the password that you use on the Websites. You are responsible for all transactions with your password.
7.5 All liability of FRA is hereby waived to the extent permitted by law. FRA is not liable for the actions or omissions of the restaurants.
8. Governing law and Jurisdiction
These Terms shall be governed by and construed in accordance with Swiss law, excluding its conflicts of law rules and the Vienna Convention on the International Sales of Goods and Services. Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the ordinary courts of the city of Basel.
9. Additional Terms
9.1 If any provision or part of a provision of these Terms is found to be invalid, that provision shall be replaced by an economically equivalent provision and the remaining provisions of these Terms will remain in full force.
9.2 You may not transfer any of your rights or obligations under these Terms without our prior written consent. We may transfer any of our rights or obligations under these Terms without your prior written consent to any business that we enter into a joint venture with, purchase or are sold to.
10. YOUR STATUS
10.1 By placing an order through our Website, you warrant that:
- You are legally capable of entering into binding contracts; and
- You are at least 18 years old.