<transcy>CGV</transcy>
Article 1 – LEGAL INFORMATION
This site, accessible at the URL juliementdit.fr, is published by:
Julie Delaporte
The Operator's SIRET number is: 83408884100038
The manager can preferably be reached by email: juliedelaporte.27400@gmail.com
Article 2 – GENERAL PROVISIONS RELATING TO THESE GENERAL TERMS AND CONDITIONS
These General Terms and Conditions of Sale apply exclusively to the online sale of services offered by the manager on the website.
The GTC are made available to customers on the site where they can be consulted directly and can also be communicated to them upon request by any means.
The GTC are binding on the customer who acknowledges, by ticking a box or clicking on the button provided for this purpose, having read and accepted them before placing an order.
The validation of the order by its confirmation constitutes the buyer's acceptance of the GTC in force on the day of the order, which are stored and reproduced by the manager.
Article 3 – DESCRIPTION OF SERVICES
The site offers services related to network marketing development and social network development.
The services presented on the site are described with their essential characteristics.
The services comply with the requirements of current French law.
The customer remains responsible for the terms and consequences of their access to the site, particularly via the Internet.
This access may involve the payment of fees to technical service providers, such as Internet access providers, which remain the customer's responsibility.
In addition, the customer must provide and be entirely responsible for the equipment necessary to connect to the site.
The customer acknowledges having checked that the computer configuration they use is secure and in working order.
Article 4 – Purchases
The manager strives to ensure optimal availability of their services.
If, despite the manager's best efforts, the service proves unavailable after the customer's purchase, the manager will inform the customer by email as soon as possible, and the customer will be refunded the price of the purchased service within thirty (30) days of payment of the sums already paid.
It is agreed that, apart from the reimbursement of the price of the unavailable service, if this option is requested by the customer, the manager is not liable for any cancellation compensation, unless the non-performance of the contract is personally attributable to them.
Except for any contrary mention in these general conditions and without prejudice to the right of withdrawal provided by applicable law, customer purchases are firm and final.
When making a purchase, the customer must select the chosen service, add it to their cart by indicating the service and the desired quantities.
The customer has the possibility to check the details of their purchase and its total price, and to return to previous pages to possibly correct the content of their cart, before validating it.
The customer undertakes to read the General Terms and Conditions of Sale then in force before accepting them and confirming the terms of withdrawal prior to their purchase.
Confirmation of the purchase implies acceptance of the GTC and forms the contract.
The contractual information relating to their purchase (including the purchase number) will be confirmed by email in due course and at the latest at the time of delivery.
The site manager strongly advises the customer to print and/or archive this purchase confirmation on a reliable and durable medium as proof.
A digital invoice is made available to the customer in the "my account" area.
The manager also advises the customer to print and/or archive this invoice on a reliable and durable medium as proof.
Any email sent to the customer in connection with a purchase will be sent to the email address that the customer uses to identify themselves in their customer area.
The manager reserves the right not to validate the customer's purchase for any legitimate reason, particularly in the event that:
- The customer does not comply with the general conditions in force at the time of purchase;
- The customer's purchase history shows that sums remain due from previous purchases;
- One of the customer's previous purchases is the subject of a pending dispute;
The manager archives service sales contracts in accordance with applicable legislation.
Any modification of a purchase by the customer after confirmation of their payment is subject to the manager's agreement.
The information provided by the customer when placing the purchase (in particular name and delivery address) is binding on them.
Thus, the manager's responsibility cannot in any way be sought in the event that an error when placing the purchase prevents or delays delivery.
The customer declares to have full legal capacity to commit to these general conditions.
Registration is open to adults. Minors are not allowed.
Under no circumstances is registration authorized on behalf of third parties unless validly authorized to represent them (e.g., legal entity).
Registration is strictly personal to each customer.
In the event of the customer's breach of any of the provisions herein, the manager reserves the right to terminate the said customer's account without notice.
Article 5 – PAYMENT METHODS AND SECURITY
The customer expressly acknowledges that any purchase made on the site requires a payment obligation, which entails the payment of a price for the purchased service.
In any event, the manager reserves the right to verify the validity of the payment.
The manager uses the payment solution by credit card and via the PayPal platform.
Purchases can be made using the following payment methods:
- Payment by credit card. Payment is made directly on the manager's bank's secure servers; the customer's bank details do not pass through the site. The bank details provided during payment are protected by an encryption process.
In this way, these details are not accessible to third parties.
The customer's purchase is recorded and validated upon acceptance of payment by the bank.
The customer's account will be debited for the corresponding amount only when the data of the credit card used has been verified and the debit has been accepted by the issuing bank.
The inability to debit the amounts due will result in the immediate nullity of the sale.
The credit card may be refused, for example, if it has expired, if it has reached the maximum spending limit to which the customer is entitled, or if the data entered is incorrect.
As part of the control procedures, the manager may have to ask the customer for all documents necessary to finalize the purchase.
These documents will not be used for any other purpose.
Article 6 – PRICE PAYMENT
The price of the service in force at the time of purchase is indicated in euros, inclusive of all taxes (TTC). In case of promotion, the manager undertakes to apply the promotional price to any purchase made during the period of the advertisement for the promotion.
The price is payable in euros (€). The price is due in full after confirmation of the purchase. The prices offered include any discounts and rebates that the manager may grant.
The total amount owed by the customer and its breakdown are indicated on the purchase confirmation page.
Article 7 – FORMATION OF THE CONTRACT
The contract between the manager and the customer is formed when the customer sends their purchase confirmation.
The customer's attention is particularly drawn to the method of accepting purchases made on the site. When the customer makes a purchase, they must confirm it using the "double-click" technique, meaning that after selecting services added to the cart, the customer must check and possibly correct the content of their cart (identification, quantity of services selected, price) before validating it by clicking on "I validate my purchase".
Then, they acknowledge accepting these GTC before clicking on the "I pay" button, and finally, they validate their purchase after filling in their bank details.
The "double click" constitutes an electronic signature and is equivalent to a handwritten signature. It constitutes an irrevocable and unreserved acceptance of the purchase by the customer.
The archiving of communications and invoices is ensured by the manager on a reliable and durable medium so as to constitute a faithful and durable copy. These communications and invoices can be produced as proof of the contract. Unless proven otherwise, the data recorded by the manager on the Internet or by telephone constitutes proof of all transactions between the manager and its customers.
Article 8 – RESERVATION OF OWNERSHIP
The manager remains the exclusive owner of the service provided on the site until full payment of the price.
Article 9 – SHIPPING AND DELIVERY
The online sales offers presented on the site are available to internet users residing worldwide.
We do not carry out any deliveries as the manager does not offer any physical products.
Article 10 – RIGHT OF WITHDRAWAL
The withdrawal form is available on our "Returns & Withdrawal" page, accessible from the site footer.
The exceptions of article L.221-28 of the Consumer Code apply and prevent the exercise of the right of withdrawal, particularly if the order consists of a contract:
- for the supply of services fully performed before the end of the withdrawal period and whose performance has begun after the consumer's express prior agreement and express waiver of their right of withdrawal;
- for the supply of goods or services whose price depends on fluctuations in the financial market beyond the professional's control and likely to occur during the withdrawal period;
- for the supply of goods manufactured according to the consumer's specifications or clearly personalized;
- for the supply of goods liable to deteriorate or expire rapidly;
- for the supply of goods that have been unsealed by the consumer after delivery and that cannot be returned for reasons of hygiene or health protection;
- for the supply of goods that, after being delivered and by their nature, are inseparably mixed with other items;
- for the supply of alcoholic beverages whose delivery is delayed beyond thirty (30) days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the professional's control;
- for urgent maintenance or repair work to be carried out at the consumer's home and expressly requested by them, within the limit of spare parts and work strictly necessary to respond to the emergency;
- for the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
- for the supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
- concluded at a public auction;
- for the provision of accommodation services, other than residential accommodation, goods transport services, car rental, catering or leisure activities that must be provided on a specific date or period;
- for the supply of digital content not provided on a tangible medium whose performance has begun after the consumer's express prior agreement and express waiver of their right of withdrawal.
By accepting these General Terms and Conditions of Sale, the customer expressly acknowledges having been informed of the withdrawal procedures.
Article 11 – CUSTOMER SERVICE
The manager can be contacted:
By email: juliementditcontact@gmail.com, indicating your name, phone number, purpose of the request, and the relevant purchase number.
Article 12 – INTELLECTUAL PROPERTY AND SITE USE LICENSE
The manager is the sole owner of all elements present on the site, including but not limited to all texts, files, animated or static images, photographs, videos, logos, designs, models, software, trademarks, visual identity, databases, site structure, and all other intellectual property elements and other data or information that are protected by French and international laws and regulations relating, in particular, to intellectual property.
Consequently, none of the elements of the site may be, in whole or in part, modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented, or exploited in any other manner, free of charge or for a fee, by a customer or by a third party, regardless of the means and/or media used, whether known or unknown to date, without the prior express written authorization of the manager on a case-by-case basis, and the customer is solely responsible for any unauthorized use and/or exploitation.
Furthermore, it is specified that the manager does not own the content uploaded by customers, for which the latter remain fully responsible and guarantee the company against any recourse in this regard.
Customers grant the manager a non-exclusive, transferable, sub-licensable, free, and worldwide license for the use of the intellectual property content they publish on the site, for the entire duration of the protection of such content.
The manager reserves the right to take any legal action against individuals who have not complied with the prohibitions contained in this article.
ARTICLE 13 – LIABILITY AND WARRANTY
The manager cannot be held responsible for the non-performance of the contract due to the customer or due to an event deemed force majeure by the competent courts or due to the unpredictable and insurmountable act of any third party to these presents.
The manager cannot be held responsible for information imported, stored, and/or published on the site by customers. The manager cannot be held responsible for any information published by a customer on the site and for any direct or indirect damage that this use could cause to a third party, the customer originating the publication remaining solely responsible in this regard.
The client acknowledges that the characteristics and constraints of the Internet do not allow for guaranteeing the security, availability, and integrity of data transmissions over the Internet. Thus, the manager does not guarantee that the site and its services will function without interruption or operational errors. In particular, their operation may be temporarily interrupted for maintenance, updates, or technical improvements, or to evolve their content and/or presentation.
The manager cannot be held responsible for the use of the site and its services by clients in violation of these general terms and conditions and for any direct or indirect damage that such use may cause to a client or a third party. In particular, the manager cannot be held responsible for false statements made by a client and their conduct towards third parties. In the event that the manager's liability is sought due to such conduct by one of its clients, the latter undertakes to indemnify the manager against any judgment rendered against them, as well as to reimburse the manager for all costs, particularly lawyers' fees, incurred for their defense.
The client is solely responsible for all content they upload to the site, for which they expressly declare to hold all rights, and consequently guarantees the manager that they do not upload content that violates third-party rights, particularly intellectual property rights, or constitutes an infringement of persons (e.g., defamation, insults, abuse, etc.), privacy, public order, and morality (e.g., apology for crimes against humanity, incitement to racial hatred, child pornography, etc.).
In the event of a violation of current laws, morality, or these general terms and conditions, the manager may automatically exclude clients who have committed such offenses and delete information and links to such disputed content. The manager is qualified as a host for content uploaded by third parties. As such, it is reminded that the manager has no general obligation to monitor content transmitted or stored via the site. In the event that the manager's liability is sought due to content uploaded by the client, the latter undertakes to indemnify the manager against any judgment rendered against them, as well as to reimburse the manager for all costs, particularly lawyers' fees, incurred for their defense.
Irrespective of any additional contractual warranty (commercial warranty) that may be granted, the service benefits from the legal guarantee of conformity provided for in articles L. 217-4 et seq. of the Consumer Code (in particular L. 217-4 to L. 217-14 of the Consumer Code), and the guarantee against hidden defects provided for in articles 1641 to 1649 of the Civil Code.
When you act under the legal guarantee of conformity:
- you have a period of two (2) years from the delivery of the goods to act:
- you can choose between repair or replacement of the goods, subject to the cost conditions provided for in article L. 217-9 of the Consumer Code;
- you are exempt from providing proof of the existence of the conformity defect of the goods during the twenty-four (24) months following the delivery of the goods (except for second-hand goods).
ARTICLE 14 – COMMERCIAL WARRANTY
The commercial warranty (contractual commitment of the manager, in addition to their legal obligations relating to the conformity warranty of services) is subject to a written contract in accordance with the provisions of articles L. 217-15 et seq. of the Commercial Code.
Article 15 – HYPERTEXT LINKS
Hypertext links that may be available on the site may lead to third-party sites not published by the manager. They are provided solely for the client's convenience, to facilitate the use of resources available on the Internet. If the client uses these links, they will leave the site and then agree to use the third-party sites at their own risk or, if applicable, in accordance with the conditions governing them.
The client acknowledges that the manager does not control or in any way contribute to the drafting of the terms of use and/or content applicable to or appearing on these third-party sites.
Consequently, the manager cannot be held responsible in any way due to these hypertext links.
Furthermore, the client acknowledges that the manager cannot endorse, guarantee, or take over all or part of the terms of use and/or content of these third-party sites.
The site may also contain promotional hypertext links and/or advertising banners leading to third-party sites not published by the manager.
The manager invites the client to report any hypertext link present on the site that would allow access to a third-party site offering content contrary to laws and/or morality.
The client may not use and/or insert a hypertext link pointing to the site without the prior written consent of the manager on a case-by-case basis.
ARTICLE 16 – GENERAL PROVISIONS - ENTIRE AGREEMENT OF THE PARTIES
These general terms and conditions constitute a contract governing the relationship between the client and the manager. They constitute the entirety of the rights and obligations of the company and the manager relating to their subject matter. If one or more stipulations of these general terms and conditions were declared null and void pursuant to a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force and scope.
Furthermore, the fact that one of the parties to these general terms and conditions does not avail itself of a breach by the other party of any of the provisions of these general terms and conditions shall not be interpreted as a waiver on its part to avail itself in the future of such a breach.
MODIFICATIONS OF THE CONDITIONS
The manager reserves the right to modify at any time and without prior notice the content of the site or the services available on it, and/or to temporarily or permanently cease to operate all or part of the site.
Furthermore, the manager reserves the right to modify at any time and without prior notice the location of the site on the Internet, as well as these general terms and conditions. The client is therefore obliged to refer to these general terms and conditions before any use of the site.
The client acknowledges that the manager cannot be held responsible in any way whatsoever towards them or any third party due to these modifications, suspensions or cessations.
The manager advises the client to save and/or print these general terms and conditions for safe and lasting retention, and thus be able to invoke them at any time during the execution of the contract if necessary.
COMPLAINT – MEDIATION
In the event of a dispute, you must first contact the company's customer service at the following email address: juliedelaporte.27400@gmail.com
In the event of failure of the complaint request to customer service or in the absence of a response from this service within ten (10) days, the client may submit the dispute relating to the purchase order or these T&Cs opposing them to the manager, to the mediator designated by the manager.
The mediator will attempt, independently and impartially, to bring the parties together in order to reach an amicable solution. The parties remain 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.
APPLICABLE LAW
These general terms and conditions are governed, interpreted, and applied in accordance with French law.
ACCEPTANCE OF GENERAL TERMS AND CONDITIONS BY THE CLIENT
The client acknowledges having carefully read these general terms and conditions.
By registering on the site, the client confirms having read and accepted the general terms and conditions, thereby becoming contractually bound by the terms of these general terms and conditions.
The general terms and conditions applicable to the client are those available on the date of purchase, a dated copy of which may be provided to the client upon request. It is therefore specified that any modification of the general terms and conditions made by the manager will not apply to any prior purchase, unless expressly agreed by the client who made a given purchase.