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General terms and conditions of sale

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  1. GENERAL AND SCOPE OF APPLICABILITY​

These general conditions of sale constitute, in accordance with article L 441-1 of the Commercial Code, the sole basis of the commercial relationship between the parties (hereinafter the " General Conditions of Sale ").

Their purpose is to define the conditions under which the company ANNECY LOCKERS, a simplified joint-stock company with capital of €5,000, whose registered office is located at 2 cote Saint Maurice in (74000) ANNECY, registered in the trade and companies register of ANNECY under the number 920 134 400 (hereinafter the " Service Provider ") provides consumers and non-professional customers (hereinafter the " Customer(s) ") who request it, by direct contact, via the physical booking tool made available by the Service Provider or via the Service Provider's website, automated luggage storage services, allowing the Service Provider to store on its premises for a fixed period of time the goods deposited by the Customer (hereinafter the “Service(s)” ).

They apply, without restriction or reservation, to all Services provided by the Service Provider to Customers. They specify in particular the conditions for ordering, payment and supply of Services ordered by Customers.

The Customer is required to read it before placing an order. The choice and purchase of a Service are the sole responsibility of the Customer.

Unless proven otherwise, the data recorded in the Service Provider's computer system constitutes proof of all transactions concluded with the Client.

These conditions apply to the exclusion of all other conditions, and in particular those applicable to other marketing channels for the Services or on the Internet.

In accordance with the Data Protection Act of January 6, 1978, reinforced and supplemented by the GDPR (general data protection regulations) which came into force on May 25, 2018, the Customer has, at any time, a right of access , rectification, opposition, erasure and portability of all of his personal data by writing, by mail and by proving his identity to the Service Provider.

The contact details of the Service Provider are as follows:


Address : 1 passage Nemours in (74000) ANNECY

Tel: +33 (0)6 16 93 43 86

E-mail: annecylockers@gmail.com 

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The Customer declares to have read these General Conditions of Sale and to have accepted them before placing the order, the placing of the order by the Customer and, if necessary, clicking in the box "I have read and I accept the GTC” implies acceptance without restriction or reservation of the General Terms and Conditions of Sale .

 

In accordance with the regulations in force, these General Conditions of Sale are systematically communicated to any Customer ahead of the conclusion of the contract for the supply of the Services and will prevail, if necessary, over any other version or any other contradictory document.

Any order for Services implies, on the part of the Customer, the acceptance of these General Conditions of Sale and, where applicable, the general conditions of use of the Service Provider's website for electronic orders.

These General Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is applicable on the day of the conclusion of the contract.

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2. ORDERS – TERMS OF DELIVERY ANS WITHDRAWAL

The Customer selects the Services he wishes to order, according to the following terms:

  • obtaining an access code to the Service Provider's premises via the m.lockin-annecy.com platform , it being specified that the premises are:

    • open 7 a.m. to 11 p.m., seven days a week;

    • non smokers ;

    • reserved for people over 18 or children accompanied by an adult;

  • on this occasion, the Customer provides the following information collected by the Service Provider:

    • Name

    • First name

    • Date of birth – it being specified that the Customer must be at least 18 years old to be able to order the Service Provider's Services

    • Phone number

    • E-mail address

  • access to the Service Provider's premises containing the automatic lockers using the access code referred to above;

  • reservation of an automatic locker using the physical reservation terminal, the Customer using on this occasion the QR Code provided upstream or his telephone number as well as the access code previously obtained to access the premises;

  • selection of the desired duration of reservation of the automatic locker and payment by credit card of the corresponding amount, it being specified that the maximum duration of reservation of a locker is fixed at 5 days, the Customer having the possibility of extending a reservation beyond this duration by making a new reservation;

  • it is specified that it is the Customer's responsibility to ensure that:

    • the size and weight of his luggage comply prior to any reservation;

    • the door of the automatic locker is securely closed when he leaves the room;

    • his luggage is properly closed (code, padlock, etc.) and identified (label with name and telephone number);

    • no object whose value is greater than THOUSAND EUROS (€1,000) is stocked in the automatic locker;

    • no object expressly excluded in these General Conditions of Sale is stocked in the automatic locker.

  • get auto locker unlock code / QR Code;

  • deposit of objects to be kept by the Service Provider, closing of the automatic locker and obtaining the unlocking code / QR Code allowing the collection of objects at the end of the reservation;

  • the Customer has the possibility of entering and leaving as many times as they wish between 7 a.m. and 11 p.m. subject to having made a reservation in good and due form;

  • return of the objects deposited by means of the unlocking code / QR Code upon expiry of the reservation period initially selected or, where applicable, the reservation period after extension of it by the Customer.

  • in the event of late withdrawal, the opening of the automatic locker will not be possible, the Service Provider will invoice the Customer directly at the physical booking terminal for the overtime rate indicated in the pricing. Once payment has been made, the customer may withdraw the items deposited in accordance with these General Conditions of Sale.

It is the Customer's responsibility to verify the accuracy of the order and to immediately report any errors.

The sale of Services will only be considered final after validation by the Service Provider of the payment made by the Customer.

Any rejection of payment – whatever the cause – results in the pure and simple abandonment of the reservation request. The Service Provider is not held responsible in this case, so no reservation will be recorded.

For orders placed exclusively on the internet, the registration of an order on or through the Service Provider's site is made when the Customer accepts these General Conditions of Sale by ticking the box provided for this purpose and validates his order or when the Customer receives through the Service Provider's site an acknowledgment of receipt showing the latter's acceptance of the Customer's order. In this case, the Customer has the opportunity to check the details of his order, its total price and to correct any errors before confirming his acceptance (article 1127-2 of the Civil Code). This validation implies acceptance of all of these General Terms and Conditions of Sale and constitutes proof of the sales contract.

The consideration of the order and its acceptance are confirmed by e-mail.

The data recorded in the Service Provider's computer system constitutes proof of all transactions concluded with the Client.

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3. PROHIBITED ITEMS

The following objects are expressly excluded from deposit in the automatic lockers, the Customer therefore prohibiting himself from depositing mentioned objects in the automatic lockers, which he expressly acknowledges and accepts:

  • objects exceeding a unit weight of THIRTY (30) kg.

  • objects whose dimensions exceed the dimensions indicated when booking the automatic locker;

  • important personal effects (keys, wallets, credit card, cash, ID, etc.);

  • any property whose unit value exceeds THOUSAND EUROS (€1,000) (in particular watches, luggage and luxury bags, computers, tablets and equivalent, etc.);

  • perishable foodstuffs, including all liquids, wines and spirits, food, etc. ;

  • chemical, toxic or dangerous products;

  • firearms, ammunition, explosives, fuels and fireworks;

  • liquid fuels (LPG, FOD, heavy fuel oil and similar products, etc.);

  • combustible gases (acetylene, methane, butane and propane, hydrogen, etc.);

  • flammable liquids;

  • illicit substances;

  • living beings (animals, plants or others);

  • waste ;

  • stolen or illegally held property or merchandise;

  • goods stored for commercial purposes;

  • jewellery, precious metals or stones, works of art,

  • identity card, passport, driver's license, title deeds and other official documents,

  • cash, bank cards, coins and any other means of payment.

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4. Forgotten object – late withdrawal

In accordance with these General Terms and Conditions of Sale, the maximum reservation period for an automatic locker is set at 5 days. If the Customer fails to collect the items deposited no later than the expiry of the maximum duration, the locker will be emptied and the items deposited stored by the Service Provider for a maximum period of 2 months.

The Service Provider asks the Customer on this date (expiry of the 5-day period) to withdraw the deposited items, which operates the transfer of risks in accordance with the provisions of article 1345 of the Civil Code.

During this period, the Customer has the possibility of requesting the return of the forgotten objects, which will be returned to him in return for the payment of the cost of the reservation from the initial deposit, increased by a fixed fine of €50 including tax for administrative costs and management and an additional amount of €10 including tax per day of storage by the Service Provider.

In the event of shipment of a forgotten object, all costs are the responsibility of the Customer, payable in advance, with payment of the cost of the reservation, plus a fixed fine of €50 including tax for administrative and handling costs and an additional amount of €10 including tax per day of storage by the Service Provider, to which the carrier's shipping costs will be added, which depend on the weight, destination and shipping method (ordinary, UPS. ..).

If the Customer has not taken back the items deposited within 2 months of the formal notice, the Service Provider may sequester them with a professional guardian or, with judicial authorization, sell them if the sequestration is impossible or too onerous in accordance to the provisions of article 1345-1 of the Civil Code.

The costs of formal notice and sequestration are the responsibility of the Customer in accordance with the provisions of article 1345-3 of the Civil Code. On the proceeds of the sale, the Service Provider may assert its privilege of conservator.

The Service Provider does not incur any liability for luggage that is damaged, stolen or left on the premises and not stored in an automatic locker, as well as during shipment or for any luggage that does not reach its destination.

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5. PRICES

The Services offered by the Service Provider are provided at the rates in effect on the day of confirmation of acceptance of the order, as communicated to the Customer previously at the execution of his order.

The price is calculated – for information purposes under subject to any subsequent changes – as follows:

  • TWO EUROS AND FIFTY CENTS (€2.50) per hour for standard size lockers

  • THREE EUROS AND FIFTY CENTS (€3.50) per hour for large lockers

If the Customer exceeds the reservation duration initially selected, and up to a maximum duration of 5 days, the payment of the supplement will take place directly by means of the physical reservation terminal ahead of unlocking the automatic locker. Any hour started is due.

At the time of retrieving the objects deposited by the Customer, the automatic locker can only be opened after payment by the Customer of the complement, in accordance with the right of retention which relates to the objects deposited, the said right of retention being recognized by the regulations applicable to the Service Provider until full payment of the deposit in accordance with the provisions of article 1948 of the Civil Code.

The Service Provider may oppose his right of retention referred to above to the Customer as well as to the non-depositing owner claiming his objects or to a seizing third party. They have no choice but to pay the Service Provider if they want to obtain the return of the objects.

The possible withdrawal of objects deposited in advance of the end time of the deposit does not have the effect of reducing the price initially, the Customer cannot in any case request any reimbursement from the Service Provider.

The rates take into account any reductions (reduction for long reservations or promotional codes in particular) which may be granted by the Service Provider under the conditions specified on the Site.

The price indicated in the confirmation of the order by the Service Provider is the final price. Prices are expressed in Euros, excluding and including tax.

An invoice is drawn up by the Service Provider and given to the Customer upon validation of the order.

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6. TERMS OF PAYMENT

The Services offered by the Service Provider are delivered to the Customer in return for a price.

The price is payable upfront, in full on the day the Customer places the order, i.e. when reserving the automatic locker, according to the terms specified in the “Orders” article above, by secure payment:

  • by bank cards: Bank Cards CB, Visa, MasterCard, other bank cards accepted by the Service Provider's payment provider, if necessary via a smartphone-type device (Apple Pay in particular)

Payment by bank card is irrevocable, except in the case of fraudulent use of the card. In this case, the Customer may request the cancellation of the payment and the return of the corresponding amount.

Payment by credit card is made according to the payment procedure described during the process of carrying out the transaction. Banking transactions are carried out by the Service Provider's banking service provider and it does not process any of these banking data.

Payment data are exchanged in encrypted mode using the SSL – 3D secure protocol , a commonly accepted standard for the security and confidentiality of electronic payments.

The Service Provider will not be required to provide the Services ordered by the Customer if the price has not been paid to him in full under the conditions indicated above.

The reservation of an automatic locker cannot therefore take place in the absence of prior payment of the price by the Customer.

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7. Modality of provision of services

The automated luggage storage Services ordered by the Customer will be provided by the Service Provider from the final validation of the Customer's order directly in the premises containing the automatic lockers to which the Customer has accessed, under the conditions provided for in these General Conditions of Sale and this, without possibility of modification of the place of reservation once the order has been definitively validated.

The Service Provider is not required to verify that the Customer is the owner of the deposited objects , whether at the time of deposit or withdrawal, the applicable case law related admits that any person holding a thing is free to contract a deposit.

By way of exception, when the deposited objects have been stolen and the true owner is known to the Service Provider, the Service Provider undertakes to summon the owner to remove the deposited objects within 5 days, returning the said objects to the true owner rather than to the Customer delivering then legitimately releases the Service Provider.

If, despite the formal notice to remove the objects, the owner neglects to request restitution, the Service Provider may legitimately release itself from its obligation to return to the hands of the depositing Customer in accordance with the provisions of article 1938 al. 2 of the Civil Code.

As part of its obligation of discretion, the Service Provider must not seek to know the content of the objects deposited, closed and identified in accordance with these General Conditions of Sale.

The Service Provider undertakes to make its best efforts to provide the Services ordered by the Customer within the framework of:

  • an obligation of means with regard to the Service Provider's custody obligation;

  • an obligation of result with regard to the obligation to return the thing deposited, said obligation of result not extending to the state of the thing deposited in accordance with the provisions of articles 1917 and following of the Civil Code, the restitution taking place in the state in which the deposited objects are at the time of restitution.

All the obligations of the Service Provider acting as custodian cease upon the return of the deposited objects, that is to say upon their withdrawal by the Customer.

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8. INSSURANCE

The luggage deposited by the Customer in the automatic lockers is covered by an insurance, for a maximum value at least equal to the maximum value authorized for said luggage in accordance with these General Terms and Conditions of Sale, per claim and per locker on presentation of supporting documents, at the express exclusion of the prohibited products referred to in these General Conditions of Sale.

The mentioned insurance allows the compensation of the Customer for all damages and/or losses suffered by the Customer in the event of fire, similar event, vandalism, collapse, natural disasters, climatic events, attack or act of terrorism, water damage, theft, etc. subject to compliance by the Customer with these General Conditions of Sale when depositing the objects.

Permanent surveillance of the Service Provider's premises is ensured by a video surveillance and alarm system.

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9. RIGHT OF WITHDRAWAL - REFUND - CANCELLATION

Given the nature of the services provided, orders placed by the Customer do not benefit from the right of withdrawal and the Customer does not have the possibility of canceling his definitively validated order, no refund being possible except in the event of major incident.

The contract is therefore concluded definitively as soon as the order is placed by the Customer according to the methods specified in the General Conditions of Sale.

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10. Liability of the Service Provider – liability of the depositary in accordance with articles 1917 and following of the Civil Code

The Service Provider guarantees, in accordance with the legal provisions and without additional payment, the Customer, against any lack of conformity or hidden defect, resulting from a failure to perform the Services ordered.

In order to assert his rights, the Customer must inform the Service Provider, in writing, of the existence of the defects or faults within a maximum period of 5 days from the provision of the Services.

The Service Provider will reimburse or rectify or have rectified (as far as possible) the services judged to be defective as soon as possible and at the latest within 5 days following the observation by the Service Provider of the vice or defect. Reimbursement will be made by crediting the Customer's bank account.

The Service Provider's guarantee is limited to the reimbursement of the Services actually paid by the Customer and the Service Provider cannot be considered responsible or in default for any delay or non-performance resulting from the occurrence of a major case trouble usually recognized by French case law.

The Service Provider does not incur any liability when the non-performance of its obligations results from a major case trouble in accordance with the provisions of article 1929 of the Civil Code, from a fault of the Customer or from fraudulent use by a third party, the identity or means of payment of the Customer.

The Customer remains in any event only responsible for verifying at the time of his final reservation, equivalent to a contract, the accuracy of the information he communicates.

The Service Provider undertakes its contractual liability towards the Client for the damage caused to it in the event of gross negligence, that is to say in the event of a characterized and manifest breach of its custody and/or restitution obligations. A third party, such as the non-depositing owner, has no direct contractual liability action against the Service Provider.

Consequently, the Customer fails to follow any appeal against the Service Provider, except for gross negligence, this implying that in the event of appeal against the Service Provider, it is up to the Customer to prove the gross negligence committed by the Service Provider, which the Customer acknowledges and accepts. expressly.

The Service Provider is exempt from its obligation to return the thing deposited and from any resulting liability in the event of absence of fault or negligence on its part.

Any damage is the responsibility of the Customer, unless it results from the fault of the Service Provider. The Service Provider assumes no obligation of result as to the state of the thing deposited.

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11. PROTECTION OF PERSONAL DATA

The personal data collected from Customers – including in particular any username and/or password – is subject to computer processing carried out by the Service Provider.

The personal data collected from Customers has the following:

  • Name

  • First name

  • Date of birth

  • Phone number

  • E-mail address

  • Bank details

They are recorded in his Customer file and are essential to the processing of his order.

This information and personal data is also kept for security purposes, in order to comply with legal and regulatory obligations. They will be kept for as long as necessary for the execution of orders and any applicable guarantees.

The data controller is the Service Provider. Access to personal data will be strictly limited to employees of the data controller, authorized to process them by virtue of their functions. The information collected may possibly be communicated to third parties linked to the company by contract for the performance of subcontracted tasks, without the Customer's authorization being necessary.

As part of the performance of their services, third parties have only limited access to the data and are required to use them in accordance with the provisions of the applicable legislation on the protection of personal data. Apart from the cases set out above, the Service Provider is prohibited from selling, renting, assigning or giving access to data to third parties without the Customer's prior consent, unless forced to do so for a legitimate reason.

If the data is to be transferred outside the EU, the Customer will be informed and the guarantees taken to secure the data (for example, adherence of the external service provider to the "Privacy Shield", adoption of standard protection clauses validated by the CNIL, adoption of a code of conduct, obtaining CNIL certification, etc.) will be specified to him.

In accordance with the applicable regulations, the Customer has a right of access, rectification, erasure, and portability of the data concerning him, as well as the right to oppose the processing for legitimate reasons, rights which he may exercise by contacting the Service Provider at the postal or email address mentioned at the top of this document. In the event of a complaint, the Customer may submit a complaint to the National Commission for Computing and Liberties.

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12. FORCED EXECUTION IN KIND

In the event of a breach by one or other of the Parties of its obligations, the Party that is the victim of the default has the right to request the forced execution in kind of the obligations arising from these presents. In accordance with the provisions of article 1221 of the Civil Code, the creditor of the obligation may pursue this forced execution after a simple formal notice, sent to the debtor of the obligation by registered letter with acknowledgment of receipt which has remained unsuccessful, unless that this proves to be impossible or if there is a manifest disproportion between its cost for the debtor, in good faith, and its interest for the creditor.

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13. NON-EXECUTION EXCEPTION

It is recalled that pursuant to Article 1219 of the Civil Code, each Party may refuse to perform its obligation, even when it is due, if the other Party does not perform its own and if this non-performance is sufficiently serious, that is to say, likely to call into question the continuation of the contract or to fundamentally upset its economic balance.

The suspension of performance will take effect immediately, upon receipt by the defaulting Party of the notification of default sent to it for this purpose by the Party victim of the default indicating the intention to apply the exception of non-performance as long as that the defaulting Party will not have remedied the breach noted, served by registered letter with acknowledgment of receipt or on any other durable written medium providing proof of dispatch.

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14. EXTRAORDINARY ISSUES

The Parties cannot be held liable if the non-execution or the delay in the execution of any of their obligations, as described herein, results from a case of « force majeure », within the meaning of Article 1218 of the Civil Code.

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15. INTELLECTUAL PROPERTY

The Service Provider is the holder of all the intellectual property rights relating to the Services offered (namely in particular and without this list being exhaustive: trademarks, copyrights, software elements, texts, databases, etc.).

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16. TERMINATION OF THE CONTRACT

16.1 Termination for non-performance of a sufficiently serious obligation

The Party that is the victim of the default may, notwithstanding the resolution clause for breach by a party of its obligations set out below, in the event of sufficiently serious non-performance of any of the obligations incumbent on the other Party, notify by registered letter with acknowledgment of receipt to the defaulting Party, the faulty resolution hereof, 7 days after receipt of a formal notice to perform remained unsuccessful, and this in application of the provisions of article 1224 of the Civil Code.

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16.2 Termination for unexpected event

Termination by operation of law for force majeure can only take place 7 days after receipt of formal notice notified by registered letter with acknowledgment of receipt or any extrajudicial act.

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16.3 Common disposals to resolution cases

It is expressly agreed between the Parties that the debtor of an obligation to pay under the terms of the General Conditions of Sale, will be validly put in default by the sole exigibility of the obligation, in accordance with the provisions of article 1344 of the Civil Code.

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17. DISPUTE

All disputes to which the transactions concluded in application of the General Conditions of Sale could give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and aftermaths and which could not have been resolved friendly between the Service Provider and the Customer, will be submitted to the competent courts under the conditions of common law.

The Customer is informed that he can in any case resort to conventional mediation, in particular with the Consumer Mediation Commission (Art. L 612-1 of the Consumer Code) or with sectoral mediation bodies existing ones, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

The contact details and procedures for referral to the mediator are as follows:

  • Mediation Solution:

222, chemin de la bergerie 01800 SAINT JEAN DE NIOST

+33 04 82 53 93 06

 

  • Referral conditions:

https://sasmediationsolution-conso.fr/processus-mediation/conditions-de-saisine 

If the dispute must be brought to the courts, it is recalled that in application of article L 141-5 of the Consumer Code: the consumer can seize at his choice, in addition to one of the jurisdictions territorially competent under the Code of Civil Procedure, the jurisdiction of the place where he lived at the time of the conclusion of the contract or the occurrence of the harmful event.

It is also recalled that, in accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union.

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18. APPLICABLE  RIGHT

These General Conditions of Sale and the resulting transactions between the Service Provider and the Customer are governed by and subject to French law.

These General Conditions of Sale are written in French and translate in English.

In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.

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18. PRE-CONTRACTUAL INFORMATION – CUSTOMER AGREEMENT

The Customer acknowledges having had communication, prior to the subscription or the placing of his order for Services, in a clear and understandable manner, of the General Conditions of Sale and of all the information and information referred to in Articles L. 221-5 and L. 111-1 of the Consumer Code, and in particular:

  • the essential characteristics of the Services,

 

  • the price of the Services and related costs,

 

  • the date, frequency and/or deadline by which the Service Provider undertakes to perform the Service,

 

  • information relating to the identity of the Service Provider, its postal, telephone and electronic contact details, and its activities, if they are not apparent from the context,

 

  • information relating to legal and contractual guarantees and their methods of implementation,

 

  • the functionalities of the digital content and, where applicable, its interoperability,

 

  • the possibility of having recourse to a consumer mediator,

 

  • information relating to the right of withdrawal (existence, conditions, deadline, procedures for exercising this right and standard withdrawal form), termination procedures and other important contractual conditions,

 

  • the means of payment accepted.

The fact for a natural (or legal) person to subscribe to or order a Service from the Service Provider implies full and complete acceptance and acceptance of the General Conditions of Sale, which is expressly recognized by the Customer, who waives, in particular, to prevail over any contradictory document, which would be unenforceable against the Service Provider.

The General Conditions of Sale are expressly approved and accepted by the Customer, who declares and acknowledges having perfect knowledge of them, and therefore waive the right to rely on any contradictory document.

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19. TITLES - INTERPRETATION

The titles of the articles and paragraphs of the General Conditions of Sale appear only for convenience and in no way affect the meaning of the provisions to which they refer.

The terms whose first letter appears in capitals have the meaning of which the General Conditions of Sale give an express definition:

  • the definitions given by a term used in the plural apply both to the whole thus defined and to one or more of its elements taken individually;

  • the definitions given for a term used in the plural also apply when this term is used in the singular and vice versa .

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21. PRIVACY

The Service Provider undertakes to take all necessary measures to ensure the confidentiality of the information transmitted to him by the Customer.

The Service Provider undertakes without time limit not to communicate, disclose to a third party or exploit, other than within the framework of existing commercial relations with the Customer, any element, information or knowledge which will have been communicated to him or of which he will have had knowledge during the execution of contractual relations, as well as all information on relations with customers, suppliers, partners, and knowledge relating to the commercial practices, systems, plans and strategies of the Customer.

The Service Provider shall, under its responsibility, impose compliance with this secrecy commitment on its staff as well as on any outside party who may have access to this information.

By way of derogation, in the event of the success of the contractual relationship, the Customer expressly authorizes the Service Provider to reference and quote him as a client.

The Customer undertakes without time limit not to communicate, disclose to a third party or exploit, other than within the framework of existing commercial relations with the Service Provider, any element, information or knowledge which will have been communicated to him or of which he will have had knowledge on the occasion of the execution of the General Conditions of Sale, as well as all information on relations with customers, suppliers, partners, and knowledge relating to the commercial practices, systems, plans and strategies of the Service Provider.

The Customer must, under his responsibility, impose on his staff as well as on any outside party who may have access to this information, compliance with this secrecy commitment.

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22. TOLERANCE 

No fact of tolerance by either party, even repeated breach by the other Party of any of the stipulations of the General Conditions of Sale, can constitute a waiver by the said injured party of the any of the present stipulations.

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