Terms and conditions
General conditions of use
The Platform is published by TRALALERE, hereafter referred to as "the Publishers". Tralalere is a simplified joint-stock company with a capital of € 251,000.00, registered with the Paris Trade and Companies Register under number 431 810 233. Its registered office address is: 4 rue de Braque, 75003 Paris.
The editor is Deborah Elalouf.
By using this Platform, you acknowledge, accept and comply with these terms without reservation.
ARTICLE 1 - ACCEPTANCE AND MODIFICATION OF THE GENERAL CONDITIONS OF USE
The Publisher (s) of the Platform reserve(s) the right, at their sole discretion and without prior notice, to modify, delete or add to these "General Terms and Conditions" at any time without being held liable. The version available online supersedes all other versions.
It is therefore advisable to regularly review the latest version of the General Conditions of Use.
ARTICLE 2 - INTELLECTUAL PROPERTY
Access to this Platform gives you the right to use it on a non-exclusive, private and/or collective basis.
The Platform may only be used free of charge and its use must be in pursuit of educational objectives. Any commercial exploitation of the Platform or its content is strictly prohibited.
All content published on the Platform, including but not limited to texts, photographs, illustrations, graphics, computer graphics, maps, video games, music, icons, software, hereafter referred to as "The Content," are likely to constitute works relevant to the provisions of Article L.112-1 and seq. of the Code of Intellectual Property or content otherwise protected under copyright rights within the provisions of Article L.211-1 and seq. of the Code of Intellectual Property.
Under Article L. 122-4 of the Intellectual Property Code, any representation or reproduction (whole or partial) made without the consent of the author or his/her rights holders or successors is illegal. The same shall apply to translation, adaptation or transformation, arrangement or reproduction by any means or process.
We also remind you that Article L. 335-2 of the Intellectual Property Code forbids any copyright violation or counterfeit, which is punishable by a maximum of three years in prison, as well as a fine of up to 300,000 euros.
Similarly, the Code of Intellectual Property forbids any fixing, reproduction, communication, provision of public access, free or for profit, as well as any telecast of a service, phonogram, videogram or program, without the authorization of the rights owners, punishable by three years in prison and 300,000 euros fine (article L. 335-4).
Therefore, you agree to:
Download the Content to your computer only for personal educational purposes or in a class framework;
Not reproduce in any medium, particularly printed and digital, the downloaded Content except if said copies of the Content are strictly limited to a personal or collective pedagogical use;
Not represent, disseminate or publicly post the Content outside the Platform in any form or by any means;
Not adapt, modify, move, alter or remove the Content outside the services of Content aggregation, modification and personalization proposed to you by the Platform;
Not replace, modify, move, alter or remove the names of the Platform Publishers and/or authors of the Content or their successors and/or any other information relating to the rights of the Publishers and/or the Authors of the Content or their rights holders.
Authorized use of the Content, as defined above, is limited to the duration of availability of the Platform to students, parents, teachers, animators and/or communities by Tralalere. Teachers may distribute their personalized sequences outside the Platform and freely exploit them through any medium and by any means, for pedagogical use and for non-commercial purposes, provided that these custom sequences do not contain content from the Platform protected by copyright, rights related to copyright or any other intellectual property rights, which are and remain the exclusive property of the Platform Publishers.
As a result, only the personalized sequences from the blank activity matrices proposed on the Platform, containing no protected content belonging to the Platform Publishers, as defined above, can be used by teachers outside of the Platform and supplemented with their own content (labelling, images ...).
ARTICLE 3 - CONTENT CREATED AND/OR SHARED BY PLATFORM USERS
You acknowledge that you are fully responsible for the Content that you implement during the Platform’s educational sequences (course, creations, etc.).
You agree that the Content is only available to other Platform users and only communicated via the proposed sharing channels. This Content is likely to constitute works, interpretations, images or any other content protected under copyright, neighboring rights, trademark law, personality rights or any other rights. You guarantee that you are the sole owner of such Content, and that you have full rights to the Content, or that you have full authority to exploit, reproduce, or represent it on the Platform. You agree that the content should be subject to moderation by the Publisher and that the Publisher may have prohibit a publication.
You are personally responsible in the place of third parties and the Platform Publishers for any oversight of the above stipulations and guarantee them against any disturbances, claims or actions that may result from non-compliance.
Platform Publishers may modify the Platform's characteristics or Content. They may restrict access to certain sections or suspend, interrupt or discontinue access to all or part of the Platform for any reason, without this being the subject of any dispute. This includes, but is not limited to, failure to comply with the "Terms and Conditions" of the Platform. They do not guarantee that the Platform will be error-free or that all imperfections will be corrected.
ARTICLE 4 - CNIL MENTION
In accordance with the provisions of the "Data Processing and Liberty" Act of 6 January 1978, you are informed that Publishers perform and automated processing of your personal data, especially where you interact with the Platform in a context that requires you to input personal data.
The personal information that you are required to provide on the Platform may only be used by the Publishers.
In accordance with the provisions of the so-called "Data Processing and Liberty" law of January 6, 1978 as amended, the processing of your data gives you the right to access, modify and change personal data. You also have the right to object to such processing for legitimate reasons by sending a letter to Tralalere at the following address:
Tralalere, 4 rue de Braque, 75003 Paris.
You may therefore request that any information about you that is inaccurate, incomplete, equivocal or outdated be corrected, supplemented, clarified, updated or deleted.
ARTICLE 5 - THE GENERAL DATA PROTECTION REGULATION (GDPR)
ARTICLE 6 - LINKS
The Platform may contain hypertext links to other sites that are not operated or controlled by Tralalere. Tralalere will not be held responsible for these sites or their content, conformity, accuracy, or activity by other users.
It is forbidden to create hyperlinks with this Platform without the prior written consent of Tralalere.
ARTICLE 7 – LIMITATIONS OF LIABILITY
You access, use and navigate the Platform at your own risk.
You acknowledge and agree that Tralalere, as well as any company that has participated in the creation, production or delivery of the Platform, shall under no circumstances be held liable for any damages (whether direct or indirect, financial, moral, commercial or otherwise) or a virus that could affect your computer or computer equipment as a result of Platform access, use, malfunction, or downloading any material from the Platform.
You are therefore responsible for any damages or harm (direct or indirect, material or immaterial) resulting from your Platform use or anyone using the Platform with your authorization. This applies to any manner of Platform use, be it fraudulent or not fraudulent.
As such, you waive all claims or legal actions relating to such damages based on the contractual liability of the Platform Publishers or on any other basis.
Minors may access the Platform if they have obtained express permission from their parents or guardian to provide the information and e-mail addresses to receive any necessary communication. Registration signifies that they have obtained this prior authorization, which is expressly required on the Platform at the time of registration.
The Platform Publisher(s) reserve(s) the right to request written justification at any time, perform verifications, and/or delete any personal account of a minor if he/she does not present verification within five (5) days of the date of the request, or such other specified period. The Publisher (s) of the Platform will immediately delete any personal account if a parent submits a request to close the personal account and delete any related content.
Platform Publishers are committed to providing secure access, consultation and use of the Platform.
Thus, the responsibility of the Platform Publishers cannot be engaged in the following cases:
- Temporary interruptions to update certain files;
- Technical difficulties or temporary interruption of these services due to circumstances beyond the Platform Publishers’ control, in particular the interruption of electricity or telecommunication services;
- Temporary interruptions of services necessary for updates or maintenance;
- Failure or malfunctions in the transmission of messages or documents.
ARTICLE 8 - SPECIAL CONDITIONS OF SOCIAL AND COMMUNITY SPACES
Platform Publishers provide spaces and tools dedicated for social networking, reserved for free communication between Platform users and so they may share their contributions and content. As such, the Platform Publishers act solely as a host of the community spaces they provide and their responsibility is therefore that of a technical service provider as defined in article 6.I-1 of The Trust in the Digital Economy Act of 21 June 2004. Parents are encouraged to monitor the activity of their minor children in these community spaces.
The community spaces are discussion forums allowing you to log opinions and information about certain themes.
The Platform Publishers endeavor to take the greatest care of your contributions, but will under no circumstances be held responsible for any alteration related to them. They also strive to reproduce your contributions, attributing them to your chosen pseudonym.
You acknowledge that you are fully responsible for the material you publish on this page and that said material is not part of the Platform Publishers’ editorial activity.
Consequently, the Platform Publishers will not be held liable if your contributions are in any way unlawful. You guarantee the Platform Publishers against any recourse and/or actions that may be brought by any person as a result of the distribution of your contributions on the Platform. You will assume responsibility for all charges and payments that may be due or claimed for whatever reason.
We remind you that forums and other community spaces meant for exchanging or debating ideas. We consider respect and civility a necessity to such spaces.
Therefore, every user must respect other contributors and the diverse range of opinions that may appear in the forums. Any content/contribution containing verbal aggression, mockery or vulgarity may be moderated and consequently withdrawn from the Platform.
These contributions shall not include any unlawful content or content encouraging others to break the law. Therefore, you agree to abide by the following ethical principles, including but not limited to:
- The contributions shall not disrupt public order nor target the morality or the sensitivity of minors;
- Contributions shall not in any way infringe upon the rights to the reputation, privacy or image of third parties;
- Contributions must not be disparaging, defamatory, abusive, obscene, violent, racist, xenophobic, or harm the image and reputation of a trademark or any natural or legal person, in any way whatsoever;
- Contributions must not be used for threats or harassment in any way;
- Contributions must not incite hatred, violence, suicide, racism, anti-Semitism, xenophobia, homophobia, advocacy for war crimes or crimes against humanity;
- Contributions shall not discriminate against any person or group of persons because of their ethnicity, religion, race, sexual orientation or disability;
- Contributions shall not incite crime, an offense or an act of terrorism;
- Contributions must not be pornographic or pedophilic;
- Contributions shall not affect the security or integrity of any state or territory;
- Contributions must not infringe on the intellectual property rights of any person.
Any contribution that does not respect these principles may be removed by the Platform moderator or even reported to the public authorities in accordance with the provisions of Article 6-1-7 of the Law of June 21, 2004 for Trust in the Digital Economy.
In accordance with article 6 - I of the law of June 21, 2004 for the Trust in the Digital Economy, the Platform Publishers are obliged to host their content in a way that fulfils the following obligations:
- 1. Preserving data in a manner that enables the identification of any person who has disseminated content, in the event that judicial authorities request such information.
- 2. Removing and / or preventing access to illegal content.
In any case, the Platform Publishers are not obliged to surveil or control the information or content broadcasted, nor do they have an obligation to research the facts or circumstances relevant to illicit activities.
Therefore, you agree to only distribute content you have the rights to or to which you have been expressly authorized by the copyright owner, or content in the public domain. Tralalere reminds you that the Code of Intellectual Property forbids any representation or reproduction, total or partial, without the consent of the author or its right holders.
In addition, under no circumstances should you offer to sell, donate, or exchange goods that have been stolen, misappropriated or resulting from fraud, breach of trust, or any other criminal offense.
The Platform shall not be used to solicit funds, goods, services. It shall not be used for publicity or to distribute or publish commercial data or information. More generally, it may not be used for mercantile purposes.
ARTICLE 9 – MISCELLANEOUS
Following a breach of any of the Conditions, Tralalere reserves the right to prosecute by any means the person(s) responsible for the offense, whatever its nature might be.
Tralalere is engaged in the Trust Charter for Educational Digital Services.
General Conditions of Sale
“Tralalere”, refers to the company Tralalere, SAS with a capital of 251,000 €, located at 4 rue de Braque, 75003, Paris, which is registered with the Paris Registry of Commerce and Society under the number 431 910 233;
“Site” refers to the online boutique at the following address: www.code-decode.net. It is open to all online users and edited by Tralalere. The site allows Tralalere to recommend items for sale to those navigating the site.
“Client” refers to the person navigating the Site and capable of placing an order.
“Product” refers to all the existing products/objects purchased by the Client or suggested on the site, according to the present General Conditions of Sale. The rules for the Products also apply to the “Services” offered if the General Conditions of Sale do not specifically mention Service rules.
“Order” refers to the purchase of (a) Product(s) made by a Client on the Site conforming to the present General Conditions of Sale.
“Digital Offers” refers to the subscription(s) to paying content on the Site, accessible depending on the chosen plan and once payment has been made.
“Shop” refers to the online shop where the Client can order a Product. The Shop functions with a shopping cart and a Tralalere account unique to each Client. Use your account for the entire Shop.
“Order Confirmation” refers to the documents (on the Site and via email), summarizing the order details and contact information the Client has provided.
“Dashboard” refers to the section in the Shop where the Client can manage personal information, orders, and subscriptions. This section is password protected.
The present General Conditions of Sale govern every transaction made on the Site between Tralalere and the Client. Both parties accept these terms without reservation. It is specified that the Products are intended only for the personal use of the Client.
The General Conditions of Sale presently online can be reviewed on the Site and may be downloaded, printed, and accessible via any other type of reproduction. The Client agrees to accept these Conditions fully and without reserve.
The Client declares himself/herself to be over the age of 18 and having the legal capacity or parental authorization permitting him/her to make an Order on the Site.
Tralalere reserves the right to, at any moment, modify the present General Conditions of Sale by publishing a new edition which shall apply to all previous orders at the moment it is released online. Therefore, the Client is advised to check back regularly.
ARTICLE 1 – PURPOSE
The purpose of these General Conditions of Sale is to define the world-wide exclusive rights and obligations of the Parties which arise from the online sale of products offered on the site. These rights are established only on the online Site.
ARTICLE 2 - ORDER
2.1 Place and Order
Upon making his/her first order, the Client must create a personal account to generate a quote. The Client may then place on order based on this estimate. He/she will then be invited to input personal information necessary to complete the Order.
The Client must identify him/herself by filling out the form provided, including the information necessary for identification, including last name, first name, email address, telephone number, and the name of the beneficiary if it is not him/her. Identity verification also allows the Client to access his/her “Dashboard” section on the Site, where appropriate.
At any moment before purchasing the Client can: obtain a shopping cart summary, modify the order, and review the estimated quote by clicking on the icon “Dashboard”.
The Client is informed and accepts that the use of any identifying information is proof of his/her identity and expresses his/her consent.
In agreement with the provisions of Article L 121-19-3 of the Code of Consumption, the Client will be asked to acknowledge that the placement of an order requires payment.
If the Order relates to a digital Plan, the client will be asked to give his/her consent to the immediate supply of digital content not presented on a physical medium and to waive his/her right to withdraw, in accordance with the provisions of Article L 121-19-2 of the Code of Consumption.
Placing and Order requires that the Client have a functioning electronic mailbox for sending and receiving communication. Without such, the Client cannot place an Order. The contractual information is presented in French and will be confirmed in the form of an electronic order confirmation containing all the contractual information above. It will also confirm, where applicable, the Client’s express agreement for the supply of digital content not of a physical medium or for the supply of the Service before the expiration of the withdrawal period and the cancellation of the right to withdraw.
2.2 Order refusal by Tralalere
In accordance with the provisions of Article L 122-1 of the Code of Consumption, Tralalere has the right to refuse any order or to demand advanced payment for legitimate reasons, especially in the case of:
- A pricing error
- Problems with an invoice or insufficient funds;
- Foreseeable difficulties with the delivery of the Products;
- Inability to justify your capacity to purchase;
- Or purchases made with ill intentions and especially if Tralalere finds that you are trading or financially profiting from the Products purchased.
The information registered and stored in Tralalere’s computer systems under reasonable security conditions will be considered as proof of an Order and payment made. The archival of the order confirmation and the invoice is carried out in a reliable and durable manner to correspond to a faithful and lasting copy, conforming to Article 1379 of the Civil Code.
ARTICLE 3 – PRICE
Tralalere offers several plans, all of which are subject to the present Terms and Conditions wherein their detailed conditions, including duration, frequency, price, conditions of renewal, are included in the offer selected, in accordance with the provisions of Article L 113-3 of the Code of Consumption.
The prices are indicated in Euros with all taxes included unless stipulated otherwise on the Site. Shipping and handling costs, where necessary, are not included.
Before validating the order, the price of the order is presented on the page summarizing the Client’s shopping cart. The order is confirmed by email.
- Tralalere reserves the right to, at any moment, change the pricing of the Products. However, the Products will be invoiced based on the rates in effect at the time the Order is placed, subject to availability.
- Tralalere, having signed the Trust Charter for Educational Digital Services, is committed to:
- Any changes in the tariff policy for services or products for which the tariff was initially free shall be given three months’ notice and free maintenance for subscribers for 12 months from the announcement of change.
- Any tariff increase on paid services shall be announced three months before the beginning of the next school period or of maintenance on tariffs for subscribers during a three month period from the disclosure of the increase.
The Client uses different subscriptions for different levels of access to the Digital Plans. The details of different offers are available on the Site’s page “Plans.”
The content accessible via the Digital Plans are only available during the time period of the offer.
ARTICLE 4 – PAYMENT
The regulations are put in place by an administrative mandate. The client generates an estimate corresponding to the amount in his/her shopping cart and sends a purchase order or signed estimate to Tralalere. The order is then considered validated by Tralalere.
Tralalere reserves the right to refuse any command or any delivery in the cases of: dispute with a client, insufficient or lack of payment for the Client’s order or previous order, or payment refused/not authorized by the bank of the paying card.
The Products remain the property of Tralalere until their full payment has been invoiced. Tralalere reserves the right to suspend delivery in the event of late payment and until the account debt has been settled.
ARTICLE 5 – DELIVERY – DELAY
5.1 Shipping and handling costs
The costs of shipping and handling in effect are declared upon the confirmation of an order.
The cost of shipping and handling is indicated during the validation of an order.
The costs of shipping and handling are not decided by Tralalere and are subject to change at any moment. Tralalere will not be held liable for any such changes.
5.2 Method and times of delivery
Physical products are delivered to the delivery address indicated by the Client at the time of the Order. The Client is responsible for receiving the products he/she has ordered.
Tralalere agrees to expedite the products in less than 48 hours, except if one of the products is out of stock, in which case the Client will be notified of the waiting period by email.
The Client is able to choose the method of express delivery (Colissimo) of the Order and is subject to pay the costs corresponding to the method of shipping and handling.
In the event that, due to availability, the Products are delivered on a different date, the time of delivery is based on the longest delay. Tralalere reserves the right to split deliveries. Participation in the shipping and handling costs will be invoiced for only one shipment.
Any costs to return the Products are the responsibility of the Client.
In the event that the Products ordered are damaged during transport and if the products delivered are defective or damaged, the Client shall have three (3) days from the date of the delivery to register a complaint with the following email address: firstname.lastname@example.org. The return costs of the products are the responsibility of the seller who can find fault with the transporter.
Any Order placed on the Site and delivered outside of France is subject to a delay of no longer than four weeks. The command could be subject to taxation and customs duties which are enacted when the package reaches its destination. These customs rights and possible taxes related to the delivery of a Product are at the Client’s expense and the responsibility of the Client. Tralalere is under no obligation to verify or inform the Client of the applicable customs duties and taxes; it is the responsibility of the Client to obtain information from the relevant authorities of his/her country.
Times of delivery may be delayed by events out of Tralalere’s control.
Furthermore, Tralalere declines any responsibility or request for compensation in case of delay due to false or incorrect information given at the time of the Order.
ARTICLE 6 – SECURE PAYMENTS
The Site uses a security system designed to efficiently protect all sensitive information regarding means of payment.
At any time the Client can verify that a webpage is secure with the following two indicators:
A small padlock symbol on the status bar or at the top of the Client’s screen.
The http:// of the web address becomes https:// (‘s’ meaning secure).
Finally, when the Client leaves a secure page, a warning message will appear, unless his/her search engine is set to block this message.
ARTICLE 7 – GUARUNTEE – RESPONSIBILITY
Tralalere exempts itself from responsibility for any event beyond Tralalere’s control, whatever its nature. This includes: unforeseeable circumstances, major forces, sinister events, strikes, administrative decisions, delays resulting from a halt of transport, or prevented delivery. Any of these cases may suspend or cancel Tralalere’s obligations without indemnity to your profit.
Tralalere will inform you by any appropriate means and will proceed to refund the amount of the Order not delivered. If you wish, a new delivery may be arranged according to agreed upon conditions.
Tralalere reserves the right to, at any moment, change the items for sale on the Site, without any prior notice.
The Products for sale on the Site comply with French legislation. Tralalere will not be held responsible for any failure to comply with the law of the country where the Products are delivered. It is the responsibility of the Client to verify with local authorities about importing or using the Products or Services that he/she plans to order.
The pictures and text depicting the Products on the Site are not contractual. Consequently, Tralalere is not responsible for any error in these photos or in any text.
The Site is accessible 7 days a week and 24 hours a day, subject to closure for maintenance or repair or as a result of major forces or any circumstance beyond Tralalere’s control. A major force is defined by the jurisprudence of French courts as any event that is unforeseeable, unstoppable, external, and totally out of the involved parties’ control, including and not limited to authoritative or supranational regulations, war, state of emergency, fire, or strike by a service provider.
The Client, conforming to the Site’s general conditions of use, accepts the limits of the Internet and the methods of electronic communication. Consequently, Tralalere will not be held responsible for any problem(s) of access to the Site or Digital Plans, or for any connection difficulties or disruption during the Client’s visit to the site or while placing an order.
Tralalere will not be held responsible for any failure to fulfil obligations in the event that a product is unavailable due to unforeseeable circumstances, major forces, disruption or partial or total strike within the channels of communication or telecommunication. In any event,
Tralalere’s liability shall be limited to the amount of the Client’s Order.
Tralalere shall not be held liable for any indirect damages, including loss of business or loss of profit.
The hypertext links presented on the Site may redirect the browser to other sites. Tralalere is not responsible in the event that the content of these sites breaches the legal provisions and regulations in effect.
ARTICLE 8 – PROTECTION OF PERSONAL DATA
The information requested from you upon the creation of your personal account is necessary to process your Order with Tralalere.
The personal information will be stored in a system to guarantee data confidentiality and is accessible at any time at the “Dashboard” section.
In accordance with the Data Protection Act of January 6, 1978, as amended on August 6, 2004, you can oppose the computer processing of this data and you have the right to access, rectify, and withdraw data concerning yourself. This law may be exercised at any time by the following means:
- A contact form accessible here.
- By mail addressed to Tralalere – 4 rue du Braque – 75003 PARIS.
All this information, which may be complemented by other information at the time of your order, may be subject to automatic processing for administrative and commercial purposes.
The providers operating on the Site on behalf of Tralalere may have access to all or communicate with all or part of this information due to the services performed.
TRALALERE reserves the right to inform you via email about changes in its services or commercial offers. You are able to unsubscribe.
The cookies used on this Site identify the services and sections that you have visited, and more generally the manner of your activity. This information is used to better personalize the services and content that appears on the Site.
ARTICLE 9 – THE GENERAL DATA PROTECTION REGULATION (GDPR)
We collect and use your personal information in order to simplify your access to our services. Personal data provided to Tralalere will not be shared with third parties outside the company. However, in order to process shipments, we communicate delivery details to our logistics partners.
ARTICLE 10 – INTELLECTUAL PROPERTY
All elements and media published on the Site, particularly the texts, images, audio and illustrated content, are the exclusive property of Tralalere. Under the provisions of Article L 122-5 paragraph 2 of the Code of Intellectual Property, only copies or reproductions made strictly for private use and not intended for collective use are authorized. Therefore, the Client is prohibited from copying, reproducing, diffusing, downloading, posting, transmitting, selling, distributing, publishing, or exploiting in any other way or distributing in any other format, electronic or otherwise, the information presented on the Site. Consequently, any other use constitutes as counterfeit and is sanctioned under intellectual property. Any total or partial reproduction of the content of the site is strictly forbidden.
ARTICLE 11 – GENERAL
11.1 Customer Service – complaints
Tralalere’s customer service is at the Client’s disposition via email at: email@example.com and at the following phone number: +33 1 49 29 45 25
You may also write to: 4 rue de Braque – 75003 Paris
11.2 Applicable Rights
These General Conditions of Sale are translated from French into English and are subject to French law. In the event of a dispute, all action must be taken through the French court.
11.3 Opposition of the General Conditions of Sale
Following the Act of June 21, 2004 on the Trust for the Digital Economy and the Act of March 13, 2000 on the electronic signature, validating your Order on the Site thereafter constitutes as irrevocable acceptance of the General Conditions of Sale.
The General Conditions of Sale appearing on the Site supersede any other version of the Conditions of Sale appearing in other documents distributed for products by Tralalere.
11.4 Confidentiality & Computer Protection
Tralalere implements all security measures to ensure the availability, integrity, and confidentiality of any data exchanged.
Tralalere advises you to use all possible methods to better protect yourself against intrusions, attacks, and virus transmission. These methods include but are not limited to: up to date firewalls and anti-virus protection. Doing so will guarantee the availability, integrity, and the confidentiality of data transmitted on the Site.
11.5 Partial Invalidity
The invalidity of any articles of the present General Conditions of Sale will not invalidate the whole of the General Conditions of Sale.
INDEX – Key Articles
Article L113-3 of the Code of Consumption
Any vendor or service provider must, by means of marking, labelling, display or other appropriate means, inform the customer of the price and particular conditions of sale and of the execution of the services.
Article L 121-21-8 Code of Consumption
Concerning the rights of retraction:
A withdrawal may not be made for the following contracts:
1- The provision of services completed before the end of the withdrawal period and the execution of which has been expressly authorized by the consumer who waives his/her right to withdraw.
2- The supply of goods or services, the price of which depends on market fluctuations beyond the trader’s control and is subject to change during the withdrawal period;
3- The supply of goods fabricated according to the client’s specifications or clearly personalized;
4- The supply of goods susceptible to deterioration or rapid expiration;
5- The supply of goods which have been opened by the consumer after delivery and which cannot be returned for hygienic or health related reasons;
6- The supply of goods which, after delivery and because of their nature, are inseparably mixed with other articles;
7- The supply of alcoholic beverages, the delivery of which has been deferred more than thirty days, and of which the value initially agreed upon may change due to market fluctuations beyond the trader’s control.
8- Urgent maintenance or repair work to be done in the consumer’s home and expressly solicited by the consumer, within the limits of the spare parts and work strictly necessary to respond to the emergency.
9- The supply of audio recordings, visual content, or software that has been opened by the consumer after delivery;
10- The supply of a newspapers, periodicals or magazines, not including subscription contracts to these publications;
11- Concluded at a public auction;
12- The provision of lodging, other than residential accommodation, transportation of goods, car rentals, catering or recreational activities to be supplied at a specified date and time.
13- The supply of digital content not of a physical medium, the use of which has begun after the agreement of the consumer to waive his/her right to withdraw;
Article L121-19-3 Code of Consumption
The seller ensures that the consumer, upon placing and order, understands his/her obligation to pay.
Article L121-19-2 Code of Consumption
Where applicable, the seller supplies the consumer, under the same conditions and before the end of the withdrawal period, with the confirmation of his/her express agreement for the supply of digital content not presented in a physical medium and waives his/her right to withdraw.
Article L121-21-5 Code of Consumption
If the consumer wishes the execution of services to begin before the end of the withdrawal period mentioned in Article L. 121-21, the seller will register this request on paper or another durable medium.
Article L122-1 Code of Consumption
It is forbidden to refuse the sale or provision of services to a customer without a legitimate motive (…).
Article 1379 Civil Code
A reliable copy has the same evidential power as the original. The reliability of the copy is left to the judgement of a judge. An authentic copy of an authentic original is reliable and holds executive power. Any copy identically reproduced in the same form and with the same content is presumed reliable until proven otherwise and guaranteed a process to verify its integrity, in accordance with the conditions set forth by the decree of the State Council.
If the original still exists, its presentation may be demanded at any time.
Article L121-21-3 Code of Consumption
Customer liability may only be incurred if goods are damaged during the fabrication process necessary to achieve their form, characteristics, and proper functioning, under the condition that the seller has informed the consumer of his/her right to withdraw, according to #2 of Article L 121-17.
Article L122-5 Intellectual Property Code
Copies or reproductions are strictly reserved for the private use of the copier and are not destined for collective use, with the exception of copies of works of art intended for purposes identical to those for which the work was created and copies of software other than the saved copy, under the conditions seen in II Article L 122-6-1 as well as copies or reproductions of an electronic data base.