GENERAL CONDITIONS OF SALE – INTERNET
In force on 07/01/2020
ARTICLE 1 – SCOPE
These General Conditions of Sale (so-called “GTC”) apply without restriction or reservation to any purchase of the following services:
Managed WordPress hosting, WordPress site maintenance
as offered by the Service Provider to professional or non-professional customers (“Customers or the Customer”) on the wpsafeandsound.com site.
The main characteristics of the Services are presented on the website wpsafeandsound.com.
The Customer is required to read it before placing any order. The choice and purchase of a Service is the sole responsibility of the Customer.
These GTCs are accessible at any time on the wpsafeandsound.com site and will prevail over any other document.
The Customer declares to have read these GTCs and to have accepted them by checking the box provided for this purpose before implementing the online ordering procedure for the wpsafeandsound.com site.
Unless proven otherwise, the data recorded in the Service Provider’s computer system constitutes proof of all of the transactions concluded with the Customer.
The contact details of the Service Provider are as follows: Jeremy Marchandeau, EI
Registered under the number 79886310600026, 11 rue de Lourmel, 75015 Paris
mail: [email protected]
The Services presented on the wpsafeandsound.com site are offered for sale for the following territories: Europe.
Customs duties or other local taxes or import duties or state taxes may be due. They will be chargeable and are the sole responsibility of the Client.
ARTICLE 2 – PRICE
The Services are provided at the current rates shown on the website wpsafeandsound.com, when the order is registered by the Service Provider.
The prices are expressed in Euros, HT and TTC.
The prices take into account any reductions which may be granted by the Service Provider on the wpsafeandsound.com site.
These prices are firm and cannot be revised during their validity period, but the Service Provider reserves the right, outside the validity period, to modify the prices at any time.
The prices do not include the costs of processing, shipping, transport and delivery, which are invoiced in addition, under the conditions indicated on the site and calculated before placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is established by the Service Provider and delivered to the Customer when the Services ordered are provided.
ARTICLE 3 – ORDERS
It is up to the Customer to select on the wpsafeandsound.com site the Services he wishes to order, in the following ways:
The customer chooses a Service that he puts in his basket, Service that he can delete or modify before confirming his order and accepting these general conditions of sale. He will then enter his contact details or connect to his customer area. After validation of the information, the order will be considered final and will require payment from the Customer according to the terms provided.
The sale will only be considered valid after full payment of the price. It is the Customer’s responsibility to check the accuracy of the order and immediately report any errors.
Any order placed on the wpsafeandsound.com site constitutes the formation of a distance contract between the Customer and the Service Provider.
The Service Provider reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
The Customer can follow the progress of his order on the site.
Placing an order on the wpsafeandsound.com site implies the conclusion of a contract with a minimum duration of 1 year renewable for the same duration by tacit agreement.
Under the terms of article L 215-1 of the Consumer Code, reproduced below:
“For service contracts concluded for a fixed period with a tacit renewal clause, the professional service provider shall inform the consumer in writing, by registered letter or dedicated email, at the earliest three months and at the latest one month before the end of the period authorizing the rejection of the renewal, of the possibility of not renewing the contract which it concluded with a tacit renewal clause. This information, delivered in clear and understandable terms, mentions, in an apparent box, the deadline for non-renewal.
When this information has not been sent to him in accordance with the provisions of the first paragraph, the consumer may terminate the contract free of charge, at any time from the renewal date.
Advances made after the last renewal date or, in the case of open-ended contracts, after the date of conversion of the initial fixed-term contract, are in this case reimbursed within thirty days from the date of termination , after deduction of the sums corresponding, up to this one, for the performance of the contract. The provisions of this article apply without prejudice to those which legally subject certain contracts to special rules with regard to consumer information. “
Article L215-2 of the Consumer Code excludes the application of art L215-1 to operators of drinking water and sanitation services, unlike article L215-3 of the Consumer Code , provides that these rules are applicable to contracts concluded between professionals and non-professionals.
Article L241-3 sanctions the professional who has not reimbursed under the conditions provided for in article L 215-1 of the Consumer Code “
ARTICLE 4 – PAYMENT CONDITIONS
The price is paid by secure payment, as follows: payment by credit card
The price is payable according to the following conditions and schedule: monthly or annual subscription.
In the event of late payment and payment of sums due by the Customer beyond the deadlines above fixed, and after the date of payment appearing on the invoice sent to it, late payment penalties calculated at the applicable legal rate the amount inclusive of the purchase price shown on said invoice, will be acquired automatically and automatically to the Service Provider, without any formality or prior notice.
The delay in payment will result in the immediate payment of all the amounts owed by the Customer, without prejudice to any other action that the Service Provider would be entitled to bring, as such, against the Customer.
In addition, the Service Provider reserves the right, in the event of non-compliance with the payment conditions set out above, to suspend or cancel the supply of the Services ordered by the Customer.
Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider involved in banking transactions carried out on the wpsafeandsound.com site.
The payments made by the Customer will only be considered final after the actual collection of the amounts due, by the Service Provider.
The Service Provider will not be required to provide the Services ordered by the Customer if the Customer does not pay the full price under the conditions indicated above.
ARTICLE 5 – PROVISION OF SERVICES
The Services ordered by the Customer will be provided in the following manner:
WordPress hosting managed on servers based in Europe. The service also includes backing up the site and its data, updates to the WordPress kernel, theme and extensions, site monitoring, security checks and performance monitoring.
Said Services will be provided within a maximum of. Technical support responds to any request within 24 hours. from the final validation of the Customer’s order, under the conditions provided for in these GTC at the address indicated by the Customer when ordering on the wpsafeandsound.com site.
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 and within the times specified above.
If the Services ordered have not been supplied within a period of The Customer may cancel his order at any time after the indicative date of supply, for any reason other than force majeure or the fact of the Customer, the sale of the Services may be resolved at the written request of the Customer under the conditions provided for in articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days of the date of termination of the contract, excluding any compensation or deduction.
In the event of a specific request from the Customer concerning the conditions for the provision of the Services, duly accepted in writing by the Service Provider, the costs related thereto will be subject to specific additional invoicing at a later date.
The provision of the Services may take place at any other place designated by the Customer, subject to notice from The Customer may upgrade or downgrade its offer at any time, by simple email sent to s[email protected] at the exclusive cost of this. latest.
In the absence of reservations or complaints expressly expressed by the Customer upon receipt of the Services, these will be deemed to comply with the order, in quantity and quality.
The Customer will have a period of 30 days from the provision of the Services to issue complaints by Complaints are made by email to [email protected], with all supporting documents relating thereto, to the Service Provider.
No complaint can be validly accepted in the event of non-compliance with these formalities and deadlines by the Customer.
The Service Provider will reimburse or rectify as soon as possible and at its expense the Services for which the lack of conformity has been duly proven by the Customer.
ARTICLE 6 – RIGHT OF WITHDRAWAL
According to the terms of article L221-18 of the Consumer Code “The consumer has a period of fourteen days to exercise his right of withdrawal from a contract concluded at a distance, following a cold calling or outside establishment, without having to justify its decision or to bear other costs than those provided for in articles L. 221-23 to L. 221-25. The period mentioned in the first paragraph runs from the day:
1 ° From the conclusion of the contract, for the contracts for the provision of services and those mentioned in article L. 221-4;
2 ° Upon receipt of the goods by the consumer or a third party, other than the transporter, designated by him, for contracts for the sale of goods. For contracts concluded outside the establishment, the consumer can exercise his right of withdrawal from the conclusion of the contract.
In the case of an order relating to several goods delivered separately or in the case of an order of a good composed of lots or multiple pieces whose delivery is staggered over a defined period, the period runs from receipt the last good or lot or the last piece.
For contracts providing for the regular delivery of goods for a defined period, the period runs from the receipt of the first good. “
The right of withdrawal can be exercised online, using the attached withdrawal form and also available on the site or any other declaration, unambiguous, expressing the will to withdraw and in particular by postal mail addressed to the Service Provider using the postal or email contact details indicated in ARTICLE 1 of these GTC.
In the event of the exercise of the right of withdrawal within the aforementioned period, only the price of the Services ordered is reimbursed.
The reimbursement of the sums actually paid by the Customer will be made within 14 days of receipt by the Service Provider of the notification of the Customer’s withdrawal.
ARTICLE 7 – RESPONSIBILITY OF THE PROVIDER – GUARANTEES
The Service Provider guarantees, in accordance with legal provisions and without additional payment, the Customer, against any lack of conformity or hidden defect, arising from a defect in the design or performance of the Services ordered under the conditions and according to the following terms:
Provisions relating to legal guarantees
Article L217-4 of the Consumer Code
“The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing when they are delivered. He is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter has been charged to him by the contract or has been carried out under his responsibility. “
Article L217-5 of the Consumer Code
“The goods comply with the contract:
1 ° If it is suitable for the use normally expected of a similar good and, if applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the knowledge of the seller and which the latter has accepted. “
Article L217-12 of the Consumer Code
“The action resulting from the lack of conformity lapses two years after delivery of the goods. »Article L217-16 of the Consumer Code.
“When the buyer requests from the seller, during the course of the commercial guarantee granted to him during the acquisition or repair of movable property, a repair covered by the guarantee, any period of immobilization at least seven days is added to the duration of the remaining warranty. This period runs from the request for intervention by the buyer or the provision for repair of the goods in question, if this provision is subsequent to the request for intervention. “
In order to assert their rights, the Customer must inform the Service Provider, in writing (email or post), of the existence of defects or lack of conformity.
The Provider will reimburse or rectify or have rectified (as far as possible) the services deemed to be defective as soon as possible and at the latest within ____ days following the establishment by the Provider of the defect or defect. This reimbursement can be made by bank transfer or check.
The Service Provider’s guarantee is limited to the reimbursement of Services actually paid for by the Customer.
The Service Provider cannot be held responsible or faulty for any delay or non-performance resulting from the occurrence of a case of force majeure usually recognized by French case law.
The Services provided through the Provider’s wpsafeandsound.com site comply with the regulations in force in France. The Service Provider cannot be held liable in the event of non-compliance with the legislation of the country in which the Services are provided, which it is up to the Customer, who is solely responsible for the choice of the Services requested, to check.
ARTICLE 8 – PERSONAL DATA
The Customer is informed that the collection of his personal data is necessary for the sale of the Services and their realization and delivery, entrusted to the Service Provider. This personal data is collected only for the performance of the service contract.
8.1 Collection of personal data
The personal data that is collected on the wpsafeandsound.com site are as follows:
Account opening
When creating the Client / User account:
Names, first names, postal address, telephone number and e-mail address.
Payment
As part of the payment for the Services offered on the wpsafeandsound.com site, the latter records financial data relating to the Customer’s / user’s bank account or credit card.
8.2 Recipients of personal data
Personal data is used by the Service Provider and its co-contractors for the execution of the contract and to ensure the efficiency of the provision of services, its performance and its delivery.
The category (ies) of co-contractor (s) is (are): Service providers payment institutions
The data controller is the Service Provider, within the meaning of the Data Protection Act and as of May 25, 2018 of Regulation 2016/679 on the protection of personal data.
8.4 limitation of processing
Unless the Customer expressly agrees, his personal data is not used for advertising or marketing purposes.
8.5 Data retention period
The Service Provider will keep the data thus collected for a period of 5 years, covering the time of limitation of the applicable contractual civil liability.
8.6 Security and confidentiality
The Service Provider implements organizational, technical, software and physical measures in terms of digital security to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Service Provider cannot guarantee the security of the transmission or storage of information on the Internet.
8.7 Implementation of the rights of Customers and users
In accordance with the regulations applicable to personal data, Customers and users of the wpsafeandsound.com site have the following rights:
They can update or delete data concerning them as follows:
The customer can request the deletion of his personal data by contacting [email protected].
They can delete their account by writing to the electronic address indicated in article 9.3 “Data controller” They can exercise their right of access to find out the personal data concerning them by writing to the address indicated in article 9.3 “Processing manager”
If the personal data held by the Provider are inaccurate, they may request the updating of the information by writing to the address indicated in article 9.3 “Data controller”
They can request the deletion of their personal data, in accordance with the applicable data protection laws by writing to the address indicated in article 9.3 “Data controller”
They can also request the portability of data held by the Provider to another provider
Finally, they can object to the processing of their data by the Service Provider
These rights, as long as they do not oppose the purpose of the processing, can be exercised by sending a request by post or by E-mail to the Data Controller whose contact details are given above.
The controller must provide a response within a maximum of one month. In the event of refusal to grant the Customer’s request, the latter must be justified.
The Customer is informed that in case of refusal, he can lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or seize a judicial authority.
The Customer may be invited to tick a box under which he agrees to receive emails of an informative and advertising nature from the Provider. He will always
ARTICLE 9 – INTELLECTUAL PROPERTY
The content of the wpsafeandsound.com site is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.
ARTICLE 10 – APPLICABLE LAW – LANGUAGE
These T & Cs and the operations arising therefrom are governed by and subject to French law.
These GTC are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.
ARTICLE 11 – DISPUTES
For any complaint, please contact customer service at the Service Provider’s postal or email address indicated in ARTICLE 1 of these GTC.
The Client is informed that he can in any event have recourse to conventional mediation, to existing sectoral mediation bodies or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.
The Client is also informed that he can also use the Online Dispute Resolution (RLL) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home .show
All disputes to which the purchase and sale operations concluded in application of these GTC and which have not been the subject of an amicable settlement between the seller or by mediation, will be submitted to the competent courts under the conditions of law common.
have the possibility to withdraw his agreement at any time by contacting the Service Provider (contact details above) or by following the unsubscribe link.