General Terms and Conditions of Sale (GTC)
Cetody
ARTICLE 1 - Scope
These General Terms and Conditions of Sale (hereinafter referred to as "GTC") apply, without restriction or reservation, to any purchase of the following services:
Provision of streaming sound files in the form of a subscription over time (weekly, monthly, annual) as offered by the Service Provider to non-professional customers ("Customers or the Customer").
The main characteristics of the Services are presented on the website www.cetody.fr.
The Customer is required to read them before placing any order. The choice and purchase of a Service is the sole responsibility of the Customer.
The Customer declares having read these GTC and having accepted them by checking the box provided for this purpose before implementing the online ordering procedure.
Unless proven otherwise, the data recorded in the Service Provider's computer system constitutes proof of all transactions concluded with the Customer.
The contact details of the Service Provider are as follows: Pierre ROBERT DE LATOUR
251 chemin du conjat 40280 Bretagne de Marsan
Email: robert_de_latour@hotmail.com
Customs duties or other local taxes or import duties or state taxes may be payable. They will be the responsibility of the Customer and are the sole responsibility of the Customer.
ARTICLE 2 - Price
The Services are provided at the rates in effect when the order is registered by the Service Provider.
Prices are listed in Euros, excluding and including VAT.
These rates are firm and cannot be revised during their period of validity, but the Service Provider reserves the right to modify the prices at any time outside the period of validity.
Prices do not include processing, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the site and calculated prior to placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs. An invoice is drawn up by the Service Provider and given to the Customer when the Services ordered are provided.
ARTICLE 3 – Orders
It is up to the Customer to select the Services that he wishes to order, according to the following terms:
The customer chooses a subscription that he can modify or delete before its validation.
The customer registers under a customer account, validates his subscription (weekly, monthly or annual) proceeds to payment.
The customer can access the catalog of sound files at any time during the duration of his subscription.
The sale will only be considered valid after full payment of the price. It is up to the Customer to verify the accuracy of the order and to immediately report any errors.
Any order placed on the site www.cetody.fr constitutes the formation of a contract concluded remotely 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 will be able to follow the progress of his order on the site.
ARTICLE 4 - Payment conditions
The price is paid by secure payment, according to the following terms: payment by credit card
The price is payable in cash by the Customer, in full on the day the order is placed.
The 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 website www.cetody.fr.
The payments made by the Customer will only be considered final after 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 latter does not pay the price in full under the conditions indicated above.
ARTICLE 5 - Provision of services
The Services ordered by the Customer will be provided in accordance with the following terms:
Streaming provision of a catalog of sound files.
Said Services will be provided within a maximum period of immediately from the final validation of the Customer's order, under the conditions provided for in these General Terms and Conditions at the address indicated by the Customer when ordering on the website www.cetody.fr.
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 time limits specified above.
If the Services ordered have not been provided within 2 days after the indicative date of provision, for any reason other than force majeure or the Customer's actions, the sale of the Services may be terminated 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 amounts paid by the Customer will then be returned to him at the latest within fourteen days following the date of termination of the contract, excluding any compensation or withholding.
In the event of a specific request from the Customer concerning the conditions of 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.
In the absence of reservations or complaints expressly issued 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 2 days from the provision of the Services to issue complaints by Email, with all supporting documents relating thereto, to the Service Provider.
No complaint may 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 own expense the Services whose lack of conformity has been duly proven by the Customer.
ARTICLE 6 - Right to retract
Given the nature of the Services provided, orders placed by the Customer do not benefit from the right of withdrawal.
The contract is therefore definitively concluded upon placing the order by the Customer in accordance with the terms and conditions specified in these General Terms and Conditions.
ARTICLE 7 - Liability of the service provider - Guarantees
The Service Provider guarantees, in accordance with the legal provisions and without additional payment, the Customer, against any lack of conformity or hidden defect, arising from a design or performance defect of the Services ordered under the following conditions and 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 at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed at his expense 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 they are suitable for the use usually expected of a similar good and, where applicable:
- if they correspond to the description given by the seller and have 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, the producer or his representative, in particular in advertising or labelling;
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 attention of the seller and which the latter has accepted."
Article L217-12 of the Consumer Code
"The action resulting from the lack of conformity is prescribed by two years from the delivery of the good. "
Article L217-16 of the Consumer Code
"When the buyer asks the seller, during the course of the commercial guarantee granted to him upon the acquisition or repair of a movable good, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the request for intervention by the buyer or from the provision for repair of the goods in question, if this provision is subsequent to the request for intervention. "
In order to assert his rights, the Customer must inform the Service Provider, in writing (email or letter), of the existence of defects or lack of conformity.
The Service Provider will reimburse or rectify or have rectified (to the extent possible) the services deemed defective as soon as possible and at the latest within 7 days following the discovery by the Service Provider of the defect or defect. This reimbursement may be made by bank transfer or check.
The Service Provider's guarantee is limited to the reimbursement of the Services actually paid by the Customer.
The Service Provider may not be held liable or at fault 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 Service Provider's website www.cetody.fr comply with the regulations in force in France. The Service Provider shall not be held liable in the event of non-compliance with the legislation of the country in which the Services are provided, which it is the responsibility of the Client, who is solely responsible for the choice of the Services requested, to verify.
ARTICLE 8 - Persional information
The Customer is informed that the collection of his personal data is necessary for the sale of the Services and their performance and delivery, entrusted to the Service Provider. This personal data is collected solely for the execution of the service provision contract.
8.1 Collection of personal data
The personal data collected on the www.cetody.fr website are as follows:
Opening an account
When creating the Customer/user account:
First name, last name, company name, website, postal address, telephone number and email address.
Payment
As part of the payment for the Services offered on the www.cetody.fr website, it records financial data relating to the Customer/user's bank account or credit card.
8.2 Recipients of personal data
Personal data is reserved for the sole use of the Service Provider and its employees. The data controller is the Service Provider, within the meaning of the Data Protection Act and as of May 25, 2018, Regulation 2016/679 on the protection of personal data.
8.4 Limitation of processing
Unless the Customer expressly agrees, their personal data is not used for advertising or marketing purposes.
8.5 Data retention period
The Service Provider will retain the data thus collected for a period of 5 years, covering the limitation period 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 application of the regulations applicable to personal data, Customers and users of the site www.cetody.fr have the following rights:
They can update or delete the data concerning them in the following manner:
By connecting to their account.
Via their profile settings.
Data Controller "They can delete their account by writing to the email address indicated in Article 9.3"
They can exercise their right of access to know the personal data concerning them by writing to the address indicated in Article 9.3 "Data Controller"
If the personal data held by the Service Provider is inaccurate, they can 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 the data held by the Service Provider to another service provider
Finally, they can object to the processing of their data by the Service Provider
These rights, provided that 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 indicated above.
The Data Controller must provide a response within a maximum of one month.
In the event of refusal to comply with the Client's request, the Client must provide reasons.
The Client is informed that in the event of refusal, he/she may file a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.
The Client may be asked to check a box in which he/she agrees to receive informative and advertising e-mails from the Service Provider. He/she will always have the option to withdraw his/her consent at any time by contacting the Service Provider (contact details above) or by following the unsubscribe link.
ARTICLE 9 - Intellectual property
The content of the site www.cetody.fr 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 infringement of copyright.
ARTICLE 10 - Applicable law - Language
These General Terms and Conditions and the operations resulting from them are governed by and subject to French law.
These General Terms and Conditions were originally written in French. In the event that they are translated into one or more foreign languages, only the French text shall be authentic in the event of a dispute.
ARTICLE 11 - Disputes
For any complaints, please contact customer service at the postal or email address of the Service Provider indicated in ARTICLE 1 of these General Terms and Conditions.
The Customer is informed that he/she may in any event resort to conventional mediation, with existing sectoral mediation bodies or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
In this case, the designated mediator is
_______________
_______________
_______________
Email: _______________.
The Customer is also informed that he/she may also resort to the Online Dispute Resolution (ODR) platform:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
All disputes to which the purchase and sale transactions concluded in application of these General Terms and Conditions 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 common law.
Made on https://www.legalplace.fr