GENERAL CONDITIONS OF SALE AND USE
2. Order subscription method and purchase process
3. Product prices, taxes and delivery costs
4. Payment information
5. Delivery or provision
6. Customer service and right of withdrawal
7. Warranty of products purchased on this site
8. Provisions specific to the nature of certain products
9. User area
10. Disclaimer of Publisher Liability
11. Visitor Contribution and Product Reviews
12. Newsletter of the publisher and its partners
13. Notices relating to the Data Protection Act
14. Notices 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 site is published by SALIM AKIM SOUILAH Webpoint, having for SIRET number the 51113593100026 and domiciled in this capacity at 194 chemin de la madrague ville, 13015 Marseille. The publisher can be reached by phone or email at the following address: firstname.lastname@example.org
Exempt from registration pursuant to Article L. 123-1-1 of the French Commercial Code. VAT not applicable, Article 293B of the CGI.
This site 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 site for selling services and products online.
c) Acceptance of the general conditions of sale
The subscription to a contract governed by these general conditions with the publisher of this site implies the acceptance, by the user, of the general conditions of sale. The user acknowledges at the same time having taken full knowledge of it. This acceptance will consist in the fact that the user validates these general conditions.
The user acknowledges the evidentiary value of the automatic registration systems of the publisher of this site and, unless he provides proof to the contrary, he waives the right to contest them in the event of a dispute.
The acceptance of these general conditions presupposes on the part of the users that they have the necessary legal capacity for this, or failing that they have the authorization of a guardian or curator if they are incapable, of their legal representative if they are minors, or that they are holders of a mandate if they act on behalf of a legal person.
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 article.
In order to comply with the provisions of the law of confidence in the digital economy of 21 June 2004, the ordering process will be described below:
In order to place an order, the user may select one or more products and/or services and add them to his basket. When his order is complete, he will be able to access his basket by clicking on the button provided for this purpose. By consulting his basket, the user will have the ability to check the number and 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 possibility to remove one or more products from their basket.
If his order suits him and he wishes 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 IF he already has one, or register on the site by completing the form presented to him, with the personal information concerning him.
As soon as he is connected or after he has perfectly completed the form, 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 deadlines, the publisher undertakes to send the user a summary email of 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 understood in Euros, all taxes included, and excluding delivery costs. Prices are firm, without discount, discount or 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 case, 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 payable. The necessary formalities and the payment of said duties and taxes are not the responsibility of the publisher and will in any case be borne by the user. It is therefore the responsibility of the latter to check all these data as well as the possibilities of importing the product with the competent authorities of the country of delivery, before any order 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 means of payment.
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 being able to prove it 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.
Failure to pay at its end any sum due to the publisher will give rise to the collection of penalties equal to (3) three times the legal interest rate to which will be added a fixed compensation of 40 euros for recovery costs. These penalties will be due from the day after the due date of the unpaid sums, without prior notice.
(a) Time limit
Orders are delivered by eMAIL and / or download, or any carrier designated by the publisher within 1 working days from the perfect receipt of the price corresponding to the order.
Some products or order volumes may nevertheless justify a longer delivery time, it will be expressly mentioned to the attention of the user during the validation to the order.
a) Customer Service
The customer service of this site is accessible from Monday to Friday from 9 am to 5 pm at the following non-surcharged telephone number: 0987104275, by email at the following address email@example.com or by post at the following address: SALIM AKIM SOUILAH Webpoint, 194 chemin de la madrague ville, 13015, Marseille. In these last 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 reasons 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, takes physical possession of the goods or the last goods.
To exercise the right of withdrawal, you must notify us of your decision to withdraw from this contract by means of an unambiguous statement (e.g. letter sent by post, fax or e-mail). In order to facilitate your steps, you can use the model withdrawal form but this is not mandatory.
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 may under no circumstances claim the exercise of any right of withdrawal for orders for 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 postings required by the legislative and regulatory provisions in force are made 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 order from a user. 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 to the conclusion of the contract and its 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 said 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 consult all his orders made on the site, and also allows him, if necessary, to track the delivery of the products purchased.
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. However, the publisher undertakes to keep securely all contractual elements whose conservation is required by the law or regulations in force.
The publisher reserves the exclusive right to delete the account of any user who has contravened these general conditions (in particular but without this example being exhaustive, when the user has knowingly provided erroneous information, during his registration and the constitution of his account) or any account inactive for at least one year. Said deletion will not be likely to constitute damage for the excluded user who will not be able to claim any compensation for this fact.
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, it will be prompted to choose a password. This password is the guarantee of the confidentiality of the information contained in his account and it is therefore forbidden to transmit or communicate it to a third party. Otherwise, the site can not 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 able to claim any compensation.
The unavailability, even prolonged and without any limiting period, of one or more products, can not constitute a prejudice for the user and can in no way give rise to the award of damages on the part of the site or its publisher.
The publisher can in no way 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 courts 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 faithful to reality, in order to satisfy its obligation of perfect information. However, in the current state of the art, the rendering of these representations, particularly in terms of colour or shape, may vary significantly from one computer station to another or differ from reality depending on the quality of the graphic accessories and the screen or the resolution of the display. These variations and differences can in no case be attributed to the publisher who can in no way 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 the 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, poor 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 be responsible for the installation of the products that he must carry out in the rules of the art and in accordance with the instructions for use.
d) Hypertext links
The hypertext links present on this site may refer to other websites and the responsibility of the publisher of this site can not be engaged if the content of these sites contravenes the laws in force. Similarly, the publisher of this site cannot be held liable if the user's visit to one of these sites causes him damage.
The user is offered the right to publish comments on the products offered by this site. He will also have, if necessary, the option of assigning a score to the product.
Comments must be submitted in French. The content of comments and contributions must be strictly in accordance with public order and morality and not have as their object an illicit 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 contravene this article without notice or compensation.
By ticking 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 will determine, a newsletter (newsletter) that may include information relating to his activity. When the user ticks 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 ticking the box provided for this purpose, may be required to receive newsletters (newsletters) issued by these partners, on a commercial or non-commercial basis, at the frequencies and in the forms determined by said partners.
The user has the option of unsubscribing at any time by clicking on the link provided for this purpose, present on each of the newsletters (newsletters) issued by the said partners. Otherwise, the user has the possibility to unsubscribe by contacting directly the issuer or issuers of the said newsletters (newsletters). 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 issuer of the newsletter (newsletter).
a) General – Purpose – Duration
The user has the free right to provide personal information about him. The provision of personal information is not essential for navigation on the site. On the other hand, registration on this site implies 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 data collected are necessary for the proper administration of the services offered on this site as well as for the respect of its contractual obligations by the publisher. These data are kept by the publisher in this sole capacity, and the publisher undertakes not to use them in another context, nor to transmit them to third parties, without the express agreement of the 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 the personal space, a reasonable period necessary for the proper administration of the site and normal use of the data. These data are kept in secure conditions, according to the current means of technology, in compliance with the provisions of the Data Protection Act of 6 January 1978.
b) Right of access, rectification and opposition
In accordance with the Data Protection Act, the user has the right to oppose, 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 formulating it at the following e-mail address: firstname.lastname@example.org, or by post to the address of the publisher's registered office mentioned at the head of these general 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 duration as the personal information and will only be intended to allow a good administration of the services offered on this site. The IP address is a series of numbers separated from dots that allow the unique identification of a computer on the Internet.
The publisher must communicate all personal data relating to a user to the Police (on judicial requisition) 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 proceed to the implementation of a cookie on his computer. This cookie makes it possible to store information relating to navigation on the site (date, page, times), 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 possibility to block, modify 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 can in no way constitute damage for the user who will not be able to claim any compensation for this fact.
c) Deletion of cookies
The user also has the possibility to delete the cookies previously present on his computer, by going to the menu of their browser provided for this purpose (usually, tools or options / privacy or confidentiality). Such an action does not affect his navigation on this site, but makes the user lose all the benefit provided 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 the legislation relating to intellectual property.
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 brought against him by the publisher or his successors in title.
This protection will cover all the textual and graphic content 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 judicial officer and that any reproduction, even partial of this document may be subject to legal proceedings for economic parasitism.
a) Modification of the general conditions
These general 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 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 an 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 HAVING THE STATUS OF MERCHANT, WITHIN THE MEANING GIVEN TO HIM BY THE COURTS UNDER FRENCH LAW, EXCLUSIVE JURISDICTION IS ATTRIBUTED TO THE COURTS IN WHOSE JURISDICTION THE PUBLISHER IS ESTABLISHED.
c) Amicable settlement of disputes
Except as provided in public policy, any disputes that may arise in the context of the execution of these general conditions may before any legal action be submitted to the appreciation of the publisher of the site with a view to an amicable settlement. It is expressly recalled that requests for amicable settlement do not suspend the time limits for bringing legal proceedings.
If one of the clauses of these general conditions were to be declared null and void by a court decision, this nullity cannot entail the nullity of all the other clauses, which would continue to produce their effect.
The fact that the parties do not avail themselves temporarily or permanently of one or more clauses of these general conditions, will in no case entail a waiver of avail themselves of the rest of the general conditions.
What are the risks if I no longer pay for a subscription?Shop sites and other services will be closed/deleted/cancelled after a delay of 7 days for non-compliance with payment.
If a consumer wishes to make a complaint.
==========================================================MODEL WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract.)
For the attention of SALIM AKIM SOUILAH 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 (*) of my/our (*) withdrawal from the contract for the sale of the good (*)/for the provision of services (*) below:
∗ Ordered on (*)/received on (*): ........................................................
∗ Name of consumer(s): ..........................................................
∗ Address of the consumer(s): ............................................................
Signature of the consumer(s) (only in case of notification of this form on paper): ....
∗ Date: ..........................................................
(*) Cross out the unnecessary mention.
a) – Ownership
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, solely 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 of use of the design (theme, site, shop) and trademarks and logos are expressly limited to the needs thus defined and the duration of this contract.
In accordance with their confidentiality obligations, each of the parties expressly refrains 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 following the use of Webpoint's services and its online store may be used to produce common statistics (of all Customers using Webpoint's services) and be published on different media.
The Customer accepts that the data collected through the use of his online store is 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 sign as a commercial reference in its commercial documents and on its website.
Conversely, the Customer may use the name of Webpoint as a commercial reference in its commercial documents and on its website.
The customer accepts the Webpoint trademark as Copyright at the bottom of each page of his site/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, domestic or family purposes.
e) Rights of Webpoint
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 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 Webpoint's services.
It is the responsibility of the user (client), not Webpoint, to ensure that installing a new theme does not overwrite or damage the user's current or pre-existing theme, or user interface.
If we are unable to process the payment of the fee 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 final 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 when you pay any outstanding fees, plus any fees applicable to 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 in Webpoint's response.
In the event of termination of the Services by either party for any reason:
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 the 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 services and third-party experts
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 available only as a 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 Experts Example").
Web referencing and "Google" site
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