GENERAL CONDITIONS OF SALE AND USE
2. Method of subscription of orders and purchase process
3. Product prices, taxes and delivery charges
4. Payment information
5. Delivery or provision
6. Customer service and right of withdrawal
7. Warranty for products purchased on this site
8. Provisions specific to the nature of certain products
9. User area
10. Disclaimer of the publisher's liability
11. Visitor feedback and product ratings
12. Newsletter of the publisher and its partners
13. Mentions relating to the Data Protection Act
14. Mentions relating to the collection of "cookies"
15. Intellectual property on the elements of the site
16. General provisions and applicable law
a) Legal notice
This website is published by Webpoint, with SIRET number 51113593100026 and domiciled in this capacity at 194 chemin de la madrague ville, 13015 Marseille. The publisher can be reached by phone or e-mail at the following address: email@example.com
Exempt from registration under Article L. 123-1-1 of the commercial code. VAT not applicable, article 293B of the CGI.
This website is hosted by the company contabo.com , whose registered office is located, reachable by phone at the following number :
Aschauer Straße 32a
Tel: +49 89 3564717 70
Fax: +49 89 216 658 62
This site is freely accessible and free of charge to any Internet user. It consists of a website selling services and products online.
c) Acceptance of the general terms and conditions of sale
The subscription to a contract governed by these general terms and conditions with the publisher of this site presupposes the acceptance, by the user, of the general terms and conditions of sale. The user acknowledges in the same way that he has taken full knowledge of it. This acceptance will consist in the fact, for the user, to validate these general conditions.
The user acknowledges the value of proof of the automatic registration systems of the publisher of this site and, except for him to provide evidence to the contrary, he waives to dispute them in case of dispute.
The acceptance of these general terms and conditions assumes on the part of users that they have the necessary legal capacity for this, or failing that they have the permission of a guardian or curator if they are incapable, their legal representative if they are minors, or that they hold a mandate if they act on behalf of a legal entity.
The products and services are sold within the limits of available stocks. The availability of products and services is indicated on the site, in the description sheet of each item.
In order to comply with the provisions of the law of confidence in the digital economy of June 21, 2004, the ordering process will be described below :
In order to place an order, the user will be able to select one or more products and / or services and add them to his cart. When his order is complete, he will be able to access his cart by clicking on the button provided for this purpose. By consulting his basket, the user will be able to check the number and the nature of the products he has chosen and will be able to check their unit price as well as the overall price of the order. He will have the opportunity to remove one or more products from their cart. On this summary, the user will be informed in particular of the option he has or not to exercise his right of withdrawal as well as the deadlines and modalities that apply to it.
If his order suits him and he wants to validate it, the user can click on the validation button, he will then access a form in which he can either enter his login ID if he already has one, or register on the site by completing the form presented to him, with personal information about him.
As soon as he is logged in or after he has completed the form perfectly, the user will be invited to check or modify his delivery and billing details, to read and validate these conditions, to confirm his order and then will be invited to make his payment by being redirected for this purpose on the secure payment interface.
Once the payment has actually been received by the publisher of the site, the latter undertakes to acknowledge receipt to the user electronically, within a maximum period of 24 hours.
Similarly and within the same time limits, the publisher undertakes to send the user an e-mail summarizing the order in order to confirm the processing and to communicate all the information relating to the order.
The prices indicated on the site are in Euros, all taxes included, and excluding delivery costs. The prices are firm, without discount, no discount, no discount. These prices can be changed at any time by the publisher. The price applicable to the customer is the one in force at the time of the order.
The delivery costs will, in any event, be indicated to the customer before any payment.
In case of delivery outside the European Union and to the Dom-Tom, the user is informed that customs duties and other taxes may be due. The necessary formalities and the payment of said duties and taxes are not the responsibility of the publisher and will in any event be the responsibility of the user. It is therefore the latter's responsibility to check all these data as well as the possibilities of importing the product with the competent authorities of the country of delivery, before ordering on the site.
THE PRODUCTS SOLD REMAIN THE PROPERTY OF THE PUBLISHER UNTIL FULL PAYMENT OF THEIR PRICE, IN ACCORDANCE WITH THIS RETENTION OF TITLE CLAUSE. THE RISKS ARE TRANSFERRED TO THE CUSTOMER FROM THE DELIVERY OF THE PRODUCTS.
The user can place an order on this site and can make his payment by credit card, check, bank transfer.
Payments by credit card are made by means of secure transactions provided by the provider: https://www.ips-payment.com .
In the context of payments by credit card, the publisher of this site does not have access to any data relating to the customer's payment methods.
The delivery times defined in the article below begin to be effective only from the date of actual receipt of payment by the seller, the latter can provide proof by any means. Failing to receive payment from the customer within eight days of the order, the order will be resolved and the products put back on sale on the site.
The non-payment at its end of any sum due to the publisher will give rise to the collection of penalties equal to (3) three times the legal interest rate plus a flat-rate compensation of 40 euros for collection costs. These penalties will be due from the day after the due date of the unpaid amounts, without prior notice.
(a) Time Limit
Orders are delivered by eMAIL and / or download, or any carrier designated by the publisher within 1 working day from the perfect receipt of the price corresponding to the order.
Some products or certain order volumes may nevertheless justify a longer delivery time, it will be expressly mentioned to the attention of the user during the validation of the order.
a) Customer service
The customer service of this site is accessible from Monday to Friday from 9 am to 17 pm at the following toll-free phone number: 0987104275, by e-mail to the following address firstname.lastname@example.org or by post to the following address: Webpoint, 194 chemin de la madrague ville, 13015, Marseille. In the latter two cases, the publisher undertakes to provide a response within two working days.
b) Right of withdrawal
The consumer has the right to withdraw from this contract without giving a reason within fourteen days (14 days). The withdrawal period expires fourteen days after the day on which you, or a third party other than the carrier and designated by you, physically takes possession of the good or the last good.
To exercise the right of withdrawal, you must notify us of your decision to withdraw from this contract by means of an unambiguous statement (for example, letter sent by post, fax or e-mail). In order to facilitate your procedures, you can use the model withdrawal form, but this is not mandatory.
In order for the withdrawal period to be respected, it is sufficient that you send your communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
In accordance with the provisions of Article L121-21-8 of the Consumer code, consumers will in no case be entitled to exercise any right of withdrawal for orders of audio or video recordings or computer software when they have been unsealed by the consumer.
All products and services on this site are marketed in compliance with the laws and regulations in force in France. The mandatory displays required by the laws and regulations in force are carried out on this site, and in particular in the description sheet of each article.
The creation of a user account is an essential prerequisite for any user order. For this purpose, the user will be asked to provide a certain amount of personal information. The user undertakes to provide accurate information under penalty of termination of the contract at the initiative of the publisher and deletion of the user account.
Certain information will be deemed essential for the conclusion of the contract and their collection will be essential for the creation of the account and the validation of the conclusion of the contract. The refusal by a user to provide such information will have the effect of preventing the creation of the user account and, incidentally, the validation of the order.
This space allows the user to view all his orders made on the site, and also allows him, if necessary, to track the delivery of purchased products.
If the data contained in the user account were to disappear as a result of a fortuitous event, a technical breakdown or a case of force majeure, the responsibility of the publisher of this site could not be engaged, this information having no probative value but only an informative character. The publisher undertakes, however, to securely store all contractual elements whose storage is required by law or regulations in force.
The publisher reserves the exclusive right to delete the account of any user who has violated these terms and conditions (in particular, but without this example being exhaustive, when the user has knowingly provided incorrect information, when registering and creating his account) or any account inactive for at least one year. Said deletion will not be likely to constitute damage to the excluded user who will not be able to claim any compensation as a result.
This exclusion is not exclusive of the possibility for the publisher to take legal action against the user, when the facts have justified it.
When creating the user account, the user will be prompted to choose a password. This password is the guarantee of the confidentiality of the information contained in his account and he is therefore prohibited from transmitting it or communicating it to a third party. Otherwise, the site cannot be held responsible for unauthorized access to a user's account.
a) Accessibility to the site and force majeure
In case of impossibility of access to the site, due to technical problems or of any kind, the user will not be able to claim any damage and will not be entitled to any compensation.
The unavailability, even prolonged and without any limitation period, of one or more products, may not constitute damage to the user and may in no way give rise to the award of damages on the part of the site or its publisher.
The publisher may in no case be held responsible for the non-performance of the contract that may be attributable to a case of force majeure, within the meaning given to it by the jurisdictions of French law.
b) Visual representation of products
The visual representations of the products, published on this site, are guaranteed by the publisher as perfectly true to reality, in order to satisfy its obligation of perfect information. However, in the current state of the art, the rendering of these representations, in particular in terms of colors or shape, can vary significantly from one computer station to another or differ from reality depending on the quality of the graphic accessories and the screen or according to the resolution of the display. Under no circumstances can these variations and differences be attributed to the publisher, who will in no case be held liable for this fact.
c) Products sold on the site
The publisher undertakes to comply with all applicable provisions in force in France and cannot be held responsible for non-compliance with regulatory and legislative provisions in force in other countries.
The publisher of this site can in no way be held responsible for the misuse of products, improper maintenance of products, accidental damage or misuse of products.
The products offered for sale on the site being sold not installed, the user declares to do his business installing the products that he must perform in accordance with the rules of the art and in accordance with the instructions for use.
d) Hypertext links
The hypertext links present on this site may lead to other websites and the responsibility of the publisher of this site can not be held liable if the content of these sites contravenes the laws in force. Similarly, the responsibility of the publisher of this site cannot be engaged if the user's visit to one of these sites caused him harm.
The user is offered the opportunity to post comments on the products offered by this site. He will also have, if necessary, the ability to assign a rating to the product.
Comments should be provided in French. The content of comments and contributions must be strictly in accordance with public order and morality and not be intended for illegal or illegal activity. The user also undertakes to respect the rights of third parties.
The publisher of this site reserves the right to delete or modify any message that may violate this article without notice or compensation.
By checking the box provided for this purpose or by expressly giving their consent for this purpose, the user accepts that the publisher may send them, at a frequency and in a form that he determines, a newsletter (newsletter) that may contain information related to his activity. When the user checks the box provided for this purpose, he agrees to receive commercial offers from the publisher of this site for products and services similar to those ordered.
Subscribed users will have the option to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each of the newsletters (newsletters).
Similarly, the user who has accepted the communication of personal data (and in particular his e-mail address) to third-party partners of this site by checking the box provided for this purpose, may be required to receive newsletters (newsletters) issued by these partners, for commercial or non-commercial purposes, at the frequencies and in the forms determined by said partners.
The user has the right to unsubscribe at any time by clicking on the link provided for this purpose, present on each of the newsletters (newsletters) issued by said partners. Otherwise, the user has the option of unsubscribing by contacting the issuer(s) of said newsletters (newsletters) directly. The publisher of this website can in no way be held responsible for the content, data or forms of newsletters (newsletters) sent by said partners, regardless of the damage that may have been suffered by the user. Any complaint must be made directly to the newsletter issuer (newsletter).
a) General – Purpose - Duration
The user has the free faculty to provide personal information about him. The provision of personal information is not essential for browsing the site. On the other hand, registration on this site presupposes the collection, by the publisher, of a certain amount of personal information concerning the user. The user who does not wish to provide the information necessary for the creation of a user account will not be able to place an order on this site.
The collected data is necessary for the proper administration of the services offered on this site as well as for compliance with its contractual obligations by the publisher. These data are kept by the publisher in this unique capacity, and the publisher undertakes not to use them in any other context, nor to transmit them to third parties, except with the express agreement of users or cases provided for by law.
The contact details of all users registered on this site are saved for a maximum period of 12 months from the deletion of personal space, reasonable time necessary for the proper administration of the site and normal use of data. These data are kept in secure conditions, according to current technical means, in compliance with the provisions of the Data Protection Act of January 6, 1978.
b) Right of access, rectification and opposition
In accordance with the Data Protection Act, the user has the right to object, query, access and rectify the data he has provided. To do this, it is sufficient for him to make the request to the publisher of this site, by sending it to the following e-mail address: email@example.com , or by post to the address of the publisher's headquarters mentioned at the top of these terms and conditions.
The personal data collected are subject to computer processing and are exclusively reserved for the publisher of the site.
c) IP Address
In addition, the publisher reserves the right to collect the public IP (Internet Protocol) address of any user. The collection of this IP address will be carried out anonymously, it will be kept for the same period as the personal information and will only be intended to allow a good administration of the services offered on this site. The IP address corresponds to a series of separate digits of dots allowing the unique identification of a computer on the Internet network.
The publisher must communicate all personal data relating to a user to the Police (on judicial request) or to any person (by order of the judge). The IP address of any computer may be reconciled with the actual identity of the subscriber held by the ISP (Internet service providers).
a) General – Purpose - Duration
In order to allow the user an optimal navigation on this site as well as a better functioning of the various interfaces and applications, the publisher may implement a cookie on his computer. This cookie makes it possible to store information relating to navigation on the site (date, page, time), as well as any data entered by the user during his visit (searches, login, email, password). These cookies are intended to be stored on the user's computer for a variable period of up to 12 months, and may be read and used by the publisher during a subsequent visit of the user to this site.
b) Right to object to the installation of the cookie
The user has the option to block, change the retention period, or delete this cookie via the interface of his browser (usually: tools or options / privacy or confidentiality). In such a case, navigation on this site will not be optimized. If the systematic deactivation of cookies on the user's browser prevents him from using certain services or features provided by the publisher, this malfunction cannot in any case constitute damage to the user who will not be able to claim any compensation as a result.
c) Deleting cookies
The user also has the option of deleting cookies previously present on his computer, by going to the menu of their browser provided for this purpose (generally, tools or options / privacy or confidentiality). Such an action does not affect his browsing on this site, but causes the user to lose all the benefit brought by the cookie. In this case, he will have to re-enter all the information about him.
All the elements constituting this site belong to the publisher or are the subject of an operating authorization and are protected by intellectual property legislation.
The user therefore acknowledges that, in the absence of authorization, any total or partial copy and any dissemination or exploitation of one or more of these elements, even modified, will be likely to give rise to legal proceedings against him by the publisher or his rights holders.
This protection will cover all the textual and graphic contents of the site, but also its structure, its name and its graphic charter.
Similarly, the user acknowledges being informed that the matrix of these general conditions has been filed with a bailiff and that any reproduction, even partial of this document may be the subject of legal proceedings for economic parasitism.
a) Modification of the general conditions
These general terms and conditions may be modified at any time by the publisher of the site or its agent. The general conditions applicable to the user are those in force on the day of his order. The publisher obviously undertakes to keep all its old general conditions and to send them to any user who requests them.
b) Applicable law and competent courts
These general terms and conditions are subject to the application of French law and the exclusive jurisdiction of the French courts. The language of the contract is French, any version available in a foreign language on the site has only informative value. Similarly, this site may be translated into various languages in order to facilitate the navigation of non-French-speaking users who would like to order on the site.
IN THE EVENT OF A DISPUTE WITH A CUSTOMER WHO IS QUALIFIED AS A TRADER, WITHIN THE MEANING GIVEN TO HIM BY THE COURTS OF FRENCH LAW, EXCLUSIVE JURISDICTION IS ASSIGNED TO THE COURTS WITHIN WHOSE JURISDICTION THE PUBLISHER IS ESTABLISHED.
c) Amicable settlement of disputes
Except for public order provisions, any disputes that may arise in connection with the execution of these general conditions may before any legal action be submitted to the discretion of the publisher of the site for an amicable settlement. It is expressly recalled that requests for an amicable settlement do not suspend the deadlines open for bringing legal actions.
If one of the clauses of these general conditions were to be declared null and void by a court decision, this nullity cannot prevail over the nullity of all the other clauses, which would continue to produce their effect.
The fact, for the parties, not to avail themselves temporarily or permanently of one or more clauses of these general terms and conditions, will in no case entail a waiver to avail themselves of the rest of the general terms and conditions.
What are the risks if I don't pay for a subscription anymore?The websites shops and other services will be closed / deleted / canceled after a delay of 7 days for non-compliance with payment.
If a consumer wishes to make a claim.
==========================================================MODEL WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract.)
Attention: Webpoint, 194 chemin de la madrague ville, 13015 Marseille. by e-mail to the following address : contact email known by the customer
I/we (*) hereby notify you/notify (*) my/our (*) withdrawal from the contract for the sale of the property (*)/for the provision of services (*) below :
∗ Ordered on (*)/received on (*): ........................................................
∗ Name of the consumer(s): ..........................................................
∗ Address of the consumer(s): ............................................................
Signature of the consumer(s) (only in case of notification of this form on paper): ....
∗ Date: ..........................................................
(*) Delete the unnecessary note.
a) - Property
It is expressly agreed between the parties that all Services provided by Webpoint remain the property of Webpoint.
The Customer expressly authorizes Webpoint to use, only within the framework of these General Terms and Conditions of Use and for the sole purpose of marking the pages, the distinctive signs of the Customer in compliance with the graphic charter set up by Webpoint.
These non-exclusive authorizations to use the design (theme, site, shop) and brands and logos are expressly limited to the needs thus defined and to the duration of this contract.
In accordance with their confidentiality obligations, each of the parties expressly prohibits itself from communicating to third parties, even free of charge, from reproducing, publishing, in whole or in part, the elements mentioned above, without the express, prior and written consent of the other party.
The data provided by the Customer during registration and the data collected as a result of using the Webpoint services and its online store may be used to produce common statistics (of all Customers using the Webpoint services) and published on various media.
The Customer agrees that the data collected through the use of his online store will be accessible at any time by Webpoint for support and billing.
If the customer terminates his contract, no image, logo or other will be transmitted to him.
b) - Commercial reference
Webpoint reserves the right to use the Customer's name, trade name or brand name for commercial reference in its commercial documents and on its website.
Conversely, the Customer may use the name Webpoint for commercial reference in its commercial documents and on its website.
The customer accepts the Webpoint trademark as a Copyright at the bottom of each page of his website / shop.
The intellectual property rights of the Theme remain the property of Webpoint.
You confirm that you are receiving services provided by Webpoint for the purpose of carrying out a commercial activity and not for personal, household or family purposes.
e) Webpoint Rights
We reserve the right to modify or terminate the Services for any reason, without notice, at any time.
Not all services and features are available in all jurisdictions and we are under no obligation to make any services or features available in any jurisdiction.
We reserve the right to refuse the Service to anyone for any reason at any time.
Webpoint is not responsible for any of your tax obligations or liabilities related to the use of the Webpoint Services.
It is the responsibility of the user (client), and not of Webpoint, to ensure that the installation of a new theme does not overwrite or damage the current or pre-existing theme, or the user interface, of the user.
If we are unable to process the payment of the fees using a payment method authorized by you, we will make a second attempt to process the payment using any payment method authorized by you 3 days later.
If the second attempt fails, we will make a last attempt 3 days after the second attempt.
If our last attempt fails, we may suspend and revoke access to your store and the Services.
Your account will be reactivated upon your payment of all outstanding fees, plus the applicable fees for your next billing cycle.
You may not be able to access your store or storefront during any suspension period.
If the Unpaid Fees remain unpaid for 60 days from the date of suspension, Webpoint reserves the right to terminate your contract.
g) Cancellation and Termination
You can cancel your store and cancel at any time by contacting Webpoint Support and then following the specific instructions given to you in Webpoint's response.
In the event of termination of the Services by either party for any reason whatsoever :
Webpoint will cease to provide the Services to you and you will no longer be able to access your account, unless otherwise provided, you will not be entitled to any refund of Fees.
Any balance due to Webpoint for your use of the Services up to the effective date of such termination will become immediately due and payable in full.
Your store's website will be taken offline.
h) Webpoint and third-party expert services
Third-party services, experts and expert market
Webpoint may from time to time recommend, provide you with access to or enable third-party options (modules), scripts, products, services or links to websites.
These services are only available for convenience, and your purchase, access or use of these third-party services is solely between you and the third-party service provider.
Webpoint Experts is an online directory of independent third parties ("SEO Reference Experts").
SEO web and site "Google"
Knowing that 65% of e-commerce purchases are from a consumer search on a search engine like Google, it becomes essential to do an SEO.
Our team is here to bring you the keys to a good web SEO for your e-commerce site (SEO and SEA).
We set up the actions and animations necessary to make your site live and motivate your community via paid webmarketing campaigns or SEO campaigns.