<strong>Article I.</strong> PREAMBLE
These general conditions of use and sale apply to the use of the e-TellYou website (hereinafter referred to as the “ Site “, such as this term will be defined below), edited by the Simplified Joint Stock Company CREA DIGIT COMPANY, with a capital of 1000 euros, registered in the Grasse Trade and Companies Register under number 882 590 862 (hereinafter referred to as “ CREA DIGIT COMPANY ”, or, indifferently, the“ Company ”), whose head office is located at 291, Rue Albert Caquot -CS40095- 06902 SOPHIA ANTIPOLIS, represented by its current president, Mrs. Patricia LITARDI.
CREA DIGIT COMPANY has developed an IT solution, via its Site, allowing its users (hereinafter referred to as “ User (s) “, as this term will be defined below) to develop a message, to record it, to preserve it and then to transmit it to one or more designated persons at the time they have chosen, a specific date or an event.
CREA DIGIT COMPANY invites the User to read these general conditions of use and sale (hereinafter referred to as the “ CGUV “, as this term will be defined here -after) in their entirety before using the services offered by CREA DIGIT COMPANY, or placing an order.
The User using the Services (as this term will be defined below) offered by CREA DIGIT COMPANY on the Site, is subject to the terms, guidelines, communications and these T & Cs. If special conditions exist concerning certain Services offered by CREA DIGIT COMPANY, they prevail over these for the points where a contradiction between these two texts is noted.
These T & Cs supplement the Legal Notices and T & Cs (as this term will be defined below) which can be viewed on other pages of the Site.
<strong>Article II. </strong> DEFINITIONS
Under these T & Cs,
“Subscription” represents the monthly cost of subscribing to the “Essential” product,
“Personal Booster” is the name for the use of deferred messaging in order to send a message to yourself within a specified period,
“Classic” designates the generic product of the Deferred Messaging in written audio or video,
“Account” means the interface allowing the User, upon subscription, to access all the Services dedicated to the management of a Subscription, the provision of the Services and to consult and / or modify their personal information,
“Co-subscriber” is the person designated by the main subscriber in the event of impediment or failure on his part in the case of a message recorded to two people, for example the Message from the Stork made by both parents,
“Customer” is qualified as Customer or Subscriber any User who has placed an order on the Site,
“GCU” corresponds to the General Conditions of Use,
“CGUV” corresponds to the General Conditions of Use and Sale,
“Consumer” means any person meeting the definition of Consumer under applicable law,
“Recipient” means any person, group of people, an entity made up of one person or several person (s) with the same contact details, designated by the Subscriber for receiving messages,
“Essential” means a message for which , the person is not asked to note a date of issue, which is done automatically at the ” stopping monthly withdrawals,
“Message from the Stork” is a Deferred Messaging Service of a message developed by parents intended for a child when he is old enough to understand , span >
“Deferred Messaging” describes the concept of messaging including a longer time interval than the usual standards between the sending and the distribution of the message,
“Basket” is a virtual space in which the User groups together all the Services he has selected and which he can sort before confirming his choice and making the online payment,
“Party (s)” is one or the other of the parties to this Agreement (as this term will be defined below), whether, together or independently, CREA DIGIT COMPANY and / or the User,
“Person of confidence” person designated by the subscriber and who can be contacted if the subscriber does not respond to requests from CREA DIGIT COMPANY,
“Service” refers individually to any service whatsoever, presented and provided by CREA DIGIT COMPANY, on the Site as part of its activity, namely the possibility given to its Users to prepare a message, to record it, to preserve it and then transmit it to one or more designated persons at the time they have chosen, a specific date or a predefined event, as well as, if necessary, the accompaniment and search for a recipient person through internet, when necessary and coaching services,
“Price” is the cost of the Service which, in the absence of details, is assumed to include all taxes (TTC),
“Site” means the website for access to the final address: e-TellYou, regardless of the address which provides access to it,
“Service” designates, in a global manner, all the functionalities and services provided by CREA DIGIT COMPANY on the Site, and more particularly the subscription to an Account and the possibility offered to the User to choose, online via the Site. , the Service (s) he wishes to order as well as the possibility of paying for the purchase of this Service (s),
“Subscriber”: any User placing an order on the Site is qualified as a Subscriber or Client,
“Principal Subscriber” is the one who subscribes to a service consisting of a single message drawn up by several people, for example the “Message from the Stork” made by the parents, or a gift card for which several people can participate financially,
“User”: User is any natural person browsing the pages of the e-TellYou site, whether or not he places an order.
<strong>Article III.</strong> OBJECT
These T & Cs are intended to define the contractual relations between CREA DIGIT COMPANY and the User, in the context of the provision of the Services offered to him by the Company on the Site, the Subscription to an Account and the conditions applicable to any purchase made. through the Site.
The acquisition of a Service through this Site implies unreserved acceptance by the User of these T & Cs of which he acknowledges having read prior to subscribing to an Account, on the one hand, then to finalizing his order. , on the other hand.
These T & Cs are fully enforceable against the User as soon as these conditions are accessible by a clearly indicated link and that he has accepted them prior to subscribing to an Account, on the one hand, then before placing an order through a validation click on the sentence “ I declare to have read the applicable general conditions of sale and to have accepted them without restriction ” (checkbox to validate the registration) .
Before any transaction, the Subscriber declares, on the one hand, that the purchase of Services on the Site is not directly related to his professional activity and is limited to strictly personal use, as a Consumer, and on the other hand to have full legal capacity, allowing it to engage under these T & Cs.
<strong>Article IV.</strong> TERMS OF APPLICATION OF THE CGUV
These are written in French. They specify in particular the different steps necessary for the Subscription to an Account, the use of the Services by the User and the ordering of Services by the Subscriber.
The contract relating to the use of the Services (hereinafter referred to as the “ Contract “) is concluded for a period limited to the performance of the Services.
The Services are provided by the Site worldwide.
4.01 Enforceability of the T & Cs h4 >
The Contract relating to the use of the Services is formed between CREA DIGIT COMPANY and the User upon acceptance of these T & Cs when subscribing to the Account (checkbox to validate the registration).
The CGUV constitutes the contractual document enforceable against the Parties, to the exclusion of all other documents, prospectuses, catalogs or photographs which have only indicative value.
The T & Cs are considered to have been read and accepted by the User when subscribing to the Account made on the Site. They replace any previous agreement or contractual document that may bind CREA DIGIT COMPANY and the User.
The User declares to have read these T & Cs in their entirety and to accept the obligations to which they are bound. In the absence of such acceptance, the User may not use the Services of the Site.
4.02 Modifications to the T & Cs h4 >
CREA DIGIT COMPANY reserves the right to make changes concerning the Site, its Services, its procedures, its T & Cs, including the right to modify these T & Cs, at any time. The User of the Site is subject to the T & Cs in force at the time of his subscription to an Account, or following his validation of any modification of the T & Cs under the conditions of this article.
CREA DIGIT COMPANY informs the User that the Terms and Conditions of the Site may be modified at any time. In particular, changes may occur:
- In the event of changes in the law;
- For any reason deemed necessary by CREA DIGIT COMPANY.
If, however, the User wishes, following the notification made to him, to terminate this Agreement, he may do so at any time by sending an email to the following address: email@example.com , informing CREA DIGIT of its intention to terminate it. CREA DIGIT COMPANY will then terminate the Contract which binds it with the User, with the exception, however, for the performance of any ongoing Services.
The Site may also make changes and improvements to the editorial content at any time. All these modifications and improvements will benefit the User.
<strong>Article V.</strong> CONDITIONS AND MODALITIES OF SUBSCRIPTION AND ACTIVATION OF THE ACCOUNT
5.01 Conditions and modalities of access to the Site
Access to the Site is subject to the subscription, by the User, of any subscription or contract giving him access to the Internet with an Internet Service Provider (ISP).
The User must have the necessary devices (computer, smartphone, etc.) to access the Site.
All costs that the User may bear in order to access the Site are their sole responsibility and can in no way be the responsibility of CREA DIGIT COMPANY for any reason whatsoever.
Access to the Site is possible from any place and to any person without the need to prove any quality.
Access to the Site is free with the exception of connection costs via the telecommunications network provided by the Internet Service Provider to which the User connects.
However, certain services and certain features are chargeable and the User can access them only if they meet the conditions provided by CREA DIGIT COMPANY.
Where applicable, access to certain features of the Site may be limited to the registration of the User and the creation of an Account. It will be up to the User to identify himself using his username or e-mail address and password in order to unlock access to the functionalities in question.
CREA DIGIT COMPANY uses its best efforts to ensure the proper functioning of the Site. However CREA DIGIT COMPANY does not guarantee access to the Site. In addition, circumstances meeting the definition of force majeure, or due to a third party exhibiting characteristics of insurmountability and unpredictability, cannot engage the responsibility of CREA DIGIT COMPANY.
In general, access to the Site may, at any time, be the subject of interruption, suspension, modification or maintenance without having to comply with any notice whatsoever with regard to the User. Said interruption, suspension, modification or maintenance does not give rise to any right to compensation for the benefit of the User.
The use of the Services and features is intended exclusively for personal use.
As such, Users undertake not to use the Services for commercial, political, advertising purposes and for any form of commercial solicitation.
Any subscription to an Account and / or Subscription order implies that it is carried out by a natural person having the capacity to contract, that is to say to be at least eighteen years old (18 years old) and / or the legal majority in force in his country and not be protected within the meaning of article 488 of the Civil Code.
CREA DIGIT COMPANY does not provide its Services to minors. The User under the age of eighteen (18) can only use the Site Services and place an order under the supervision and supervision of and under the responsibility of a parent or legal guardian.
CREA DIGIT COMPANY can in no way be held responsible for the creation of an Account made by a minor who fraudulently uses the bank card and the identity of his parents to access the Services of the Site.
To access the Site, create an Account and / or use the Services and Services, the User who has not reached the age of legal majority (namely in France, 18 years old), must obtain the consent of his parents or the holder (s) of parental authority concerning him, before creating an Account.
The fact that a minor subscribes to an Account implies that the agreement mentioned in the previous paragraph has been obtained prior to final registration, this agreement being expressly required on the Site at the time of registration. CREA DIGIT COMPANY reserves the right to request written justification at any time and to carry out all checks, as well as to delete any Account for which the User has not provided, 5 (five) days after a written request by CREA DIGIT COMPANY, the written proof of the agreement of the parents or of the holder (s) of parental authority concerning this User.
CREA DIGIT COMPANY will delete as soon as possible the Account, content or data of the User requested by one or the other of the parents or the holder (s) of parental authority.
The use of an Account by a minor remains the responsibility of the parents or the holder (s) of parental authority concerning him.
In the event of access to the Services by minors, parents or the holder (s) of parental authority over them are strongly advised to monitor the use they make of them and to keep present at the mind that the Services in question are intended to reach a wide public and that it is their responsibility as parents or holder (s) of parental authority concerning them to determine which Service is or is not appropriate for minor children and to monitor their use.
5.03 Price of access to the Site
Access to the Site, registration and provision of an Account for the User are free. Said free only covers access to the Site, registration and the User Account; said functionalities may generate costs related to Internet access by the User, which depend on the Internet operator of the User.
Access to the Site, registration and maintenance of an Account in no way commit the User to subscribe to the Paid Services of the Site.
Only orders placed with CREA DIGIT COMPANY, through the Site or by any other means, are chargeable, under the conditions determined below.
5.04 Newsletter Sign-Up
Any Site User can subscribe to the CREA DIGIT COMPANY newsletter. He will then be asked to indicate the following data: title, first name and last name in order to personalize the sending of emails as well as a valid email address.
The User then receives an email urging him to click on a link in order to validate his subscription to the newsletter.
He can unsubscribe at any time from this newsletter using an unsubscribe link visible on the newsletter.
CREA DIGIT COMPANY undertakes not to use User data for purposes other than those related to sending the newsletter or for internal marketing studies.
5.05 Inactive account
An Account is considered inactive, if after a period of two (2) years, the User has not connected to the Site using his identifiers, and no movement of his account is ‘was recorded during this period.
CREA DIGIT COMPANY reserves the right to delete the inactive Account after prior information to the User, who may object to it, by clearly expressing his will to do so.
To this end, an electronic message will be sent to the User to notify him of the inactivity of his Account and ask him to log in before a predetermined date.
In the absence of a connection within the specified time, CREA DIGIT COMPANY acts as an agent of the inactive User to undertake research in order to be able to contact him, in accordance with the stipulations if relating to the Data Protection Charter. Personal attached.
In the event of deletion of the Account due to its inactivity, the User’s personal data will be immediately deleted.
<strong>Article VI.</strong> OBLIGATIONS OF THE PARTIES
6.01 General obligation of collaboration and information
Each Party undertakes to communicate to the other Party any useful information as well as any warning about risks of any kind that may affect the Services.
In the context of the execution of these T & Cs or an amendment, each Party undertakes to collaborate actively and regularly with the other Party, and any third party possibly designated by one of the Parties.
As such, the Parties will provide each other with a reasonable time all the documents or elements necessary for the performance of the CGUV which are requested in writing by one of the Parties or any designated third party.
6.02 Guarantees and obligations of CREA DIGIT COMPANY
6.02.01 Guarantees and general obligations under the Services
CREA DIGIT COMPANY undertakes to implement the technical and human resources necessary for the availability of the Services it provides. As such, CREA DIGIT COMPANY is only bound by an obligation of means within the framework of these presents.
In case of difficulty, the User can inform CREA DIGIT COMPANY by email to the following address: firstname.lastname@example.org.
CREA DIGIT COMPANY undertakes to implement all reasonable diligence in order to limit the risks associated with an attack on the security of the Service (intrusions, hacks, viruses). Insofar as the Internet is an open network, and therefore sensitive to a number of risks, CREA DIGIT COMPANY cannot commit to a guarantee of unlimited access and availability of Services. The User declares to accept these risks.
CREA DIGIT COMPANY has no access to messages from Subscribers and therefore cannot control their content.
CREA DIGIT COMPANY undertakes to comply with the legal provisions on the secrecy of correspondence as provided by law in articles 226-15 and 432-9 and in Law No. 91-646 relating to the secrecy of correspondence. However, this is not guaranteed, in accordance with the legal provisions, following the request of the authorized authorities, for exceptions in the case of research concerning national security, the safeguarding of the essential elements of the scientific and economic potential of France, of the prevention of terrorism, organized crime and delinquency, the reconstitution or maintenance of dissolved groups.
CREA DIGIT COMPANY undertakes to implement the measures and means necessary to preserve the integrity and availability of the Data which is posted by the User on the Site.
However, CREA DIGIT COMPANY reserves the right to suspend access to the User’s Account when it considers that an event likely to affect the operation or integrity of the Services so requires or in the event of a force majeure in accordance with these.
The suspension is valid for the time necessary for the planned intervention.
In the event of a scheduled intervention, CREA DIGIT COMPANY undertakes to inform the User as soon as possible by any means at its convenience, as soon as it becomes aware of the dates of this intervention.
It is expressly agreed between the Parties that a suspension inherent in an intervention, whether it is scheduled or not, can in no way engage the responsibility of CREA DIGIT COMPANY and does not give rise to the right to any compensation.
6.02.02 Guarantees and specific obligations for the hosting of data provided by the User
CREA DIGIT COMPANY complies with the legal provisions mentioned in article 6 of Law 2004-575 of June 21, 2004 relating to confidence in the digital economy.
Thus, the User of the Site, although solely responsible for the content of his message recorded and stored on the Site, formally undertakes to:
– not to engage in acts, words or behavior reprehensible by law,
– not to use the Site for illegal purposes or activities, or causing any damage to third parties.
– to ban all illegal content, namely the apology for crimes against humanity, the incitement to the commission of acts of terrorism and their apology, the incitement to racial hatred, to hatred towards people because of their gender, their sexual orientation or identity or their disability as well as child pornography, incitement to violence, in particular incitement to sexual and gender-based violence, as well as outrages upon personal dignity.
Furthermore, the use of one (1) Site Account in general cannot substitute in any way whatsoever for legal practices in terms of:
- The registration of testamentary provisions for which the user undertakes either to contact his notary or a professional near his home whose contact details can be found on the internet using the link
https://www.pagesjaunes.fr/activites/notaire.html, either to go to the site:https://www.service-public.fr/particuliers/vosdroits/F770
- The recording of advance directives for which the user can visit the site https://www.service-public.fr/particuliers/vosdroits/F32010 or use their DMP shared medical recordhttps://www.service-public.fr/particuliers/vosdroits/F10872
CREA DIGIT COMPANY is released from all responsibility, from any claim or from any sanction, if the User does not comply with the conditions of use and reserves the right to claim compensation for the damage he may suffer.
As such, in order to comply with the legal provisions, CREA DIGIT COMPANY, which in its capacity as a simple host does not carry out any a priori control of the data, asks any User who notices fraudulent or illegal content to report it, as soon as possible, by indicating the most information or elements allowing the identification of this content to CREA DIGIT COMPANY, preferably by Email: email@example.com , or with post : CREA DIGIT COMPANY -291 Rue Albert Caquot – CS40095- 06902 SOPHIA ANTIPOLIS Cedex
CREA DIGIT COMPANY undertakes to fulfill its obligation to inform the competent public authorities if it should discover any illegal activities on the Site.
In addition, CREA DIGIT COMPANY will make available to justice any element that may be requested of it in accordance with current legal provisions.
CREA DIGIT COMPANY reserves the right to proceed with the partial or total withdrawal of access to any illegal Data upon receipt of an alert by an Internet user or by another User, in application of article 6-1-5 of the Law for Confidence in the Digital Economy of June 21, 2004 (LCEN).
In the event of a partial or total withdrawal caused by a well-founded complaint from an Internet user or another User, CREA DIGIT COMPANY will inform the User of the subject of this complaint and the reasons for the partial or total withdrawal prior to effective withdrawal, as quickly as possible.
6.03 Guarantees and obligations of the User
The User agrees to use the Services provided by the Site in accordance with their intended purpose.
The User refrains from any action that could harm the image of the Site, the Company and / or the distinctive signs belonging to it.
CREA DIGIT COMPANY reserves the right to refuse or suspend any account for legitimate reasons and, more particularly in the event of:
– Abnormal or abusive complaints;
– Existing dispute (s) with the User;
– Fraud or attempted fraud relating to the use of the Site;
– Payment incident in the context of a previous order for Services and / or Subscription, at the discretion of CREA DIGIT COMPANY.
As necessary, the User acknowledges that the right to use the Services is personal to each User. He agrees to make normal use of the Services and to show courtesy in communications by telephone, as well as by any other means.
In any event, CREA DIGIT COMPANY reserves the right to monitor Users’ compliance with the T & Cs at any time and to terminate the authorization to use the Services offered therein in the event of non-compliance with the ” one or other of the stipulations of these T & Cs.
The User who has created an Account can consult the status of his Account and his Subscription in the “My Account” section of his space.
<strong>Article VII.</strong> BENEFITS
Included in the Services are all the goods, services, services and features offered on the Site.
All the Services offered are listed on the CREA DIGIT COMPANY Site. CREA DIGIT COMPANY reserves the right to modify the assortment of its Services at any time.
Each Service is presented on the Site in the form of a description with its main characteristics.
7.01 Messaging services
They are made up of:
- Le Classique: Generic product that allows you to send a written audio or video message to a choice of people with up to 10 recipients.
- The Essential which gives the possibility of sending a message to relatives, up to 10 people, message that will be sent after the death of the subscriber. This message can in no way replace legal procedures as mentioned in article 6.06.02 above: “Guarantees and specific obligations for the hosting of data provided by the User”
- The Message from the Stork which allows you to send a message to a child, a message that will be given to him when he is old enough to understand (at the earliest at his 7-8 years old until an advanced adulthood). / li>
- The Booster that allows you to send a message to yourself
Messages can be written, audio or video. They are either produced directly from the platform of the e-TellYou site, or downloaded in the required format on this same platform.
The importance of a message is depending on the choice of the subscriber up to a maximum of 5, 10 or 15 units (pages or minutes). After payment of the chosen messaging service, the subscriber can record his message in accordance with the variation of the chosen unit. If the maximum authorized units of the chosen formula are exceeded, a supplement will be charged to the subscriber according to the conditions mentioned in article 8.02 of these T & Cs.
For Classic and Essential, the maximum number for a single message is 10 email addresses.
For all more specific needs such as a message of more than 15 units, more than 10 email addresses, a handwritten format, etc., the subscriber must request a quote by email to: firstname.lastname@example.org and pricing will be established with, if necessary, specific conditions of use. CREA DIGIT COMPANY reserves the right not to respond favorably to a request if it proves difficult to implement.
7.02 Services and additional services
7.02.01 Messaging options
These options are directly correlated with the subscription of messaging services without necessarily being subscribed at the same time.
These are, for example, the e-TellYou Card for the Essential, the processing of a message sent in an envelope, the placing of the message on a secure USB key, the sending by mail of the link or the QR Code giving access to the message. , etc.
The option of sending the message by post must be taken at least 10 days before the expected date of delivery. Likewise, if this option is taken after delivery of the message, it must be taken within 10 days of delivery by email.
These personalized services can be subscribed independently of any other purchase on the site: subscription to a messaging product or others. They are made up of:
– assistance in developing the message,
– Coaching type support,
– finding the contact details of a person on social networks by all legal means available on the internet.
7.02.03 Gift cards
Gift Cards are offered on the site. They can be purchased independently of any other product or service. They have a variable value which corresponds to the amount credited by the buyer. This amount is at least 20 (twenty) euros.
They can be used for all the services offered on the site, except for the Essential, unless prior agreement with customer service requested by email at the address: email@example.com and under certain conditions.
They are valid for 2 (two) years from the date of purchase.
They are in dematerialized form and are sent by email to the destination address. They can be sent in physical form for an additional charge. Each Gift Card has a code and the expiration date. The beneficiary of a Gift Card will have to indicate the code of the Gift Card in order to be able to use it on the site.
<strong>Article VIII.</strong> CONDITIONS OF SALE: PRICES
All telecommunications costs related to equipment and connection, necessary for access and use of the Site, are the sole responsibility of the Customer.
The prices appearing on the website are prices in Euros (€) all taxes included (TTC) with the VAT applicable in France at the time of consultation of the Site. Any change in the VAT rate may be reflected in the price of the Services.
CREA DIGIT COMPANY reserves the right to modify its prices at any time, taking care to notify the Customer at least one (1) month before the application of its new prices. In any case, the price retained will be that applicable on the day of the validation of the order.
8.02 The Range of Messaging Services
8.02.01 General principles
For each deferred messaging service, the price is calculated and indicated to the User on the Site according to the criteria that he has previously selected, namely:
- The range of messages: Classic, Essential, Message from the Stork, Personal Booster;
- The type of message: written, audio, video;
- The importance of the message, namely the number of units in terms of pages or minutes: up to 5 (five), 10 (ten) or 15 (fifteen);
As well as :
- For all messaging products except Essential: the date of delivery of the message, this date indicates the maximum duration of the message backup. This backup period can go up to 30 years after the subscription .
- For all messaging products, except for the Message de la Cigogne and the Personal Booster, a maximum number of 10 (ten) destination email addresses.
Each deferred messaging service includes recording the message on the platform, saving it and delivering it.
- When all the fields are completed, the Subscriber is informed of the cost of the chosen service payable when ordering.
- In the event of a change in the date of issue, if the date is advanced, no refund will be made; if the date is postponed, a supplement will be requested from the subscriber, which will be calculated according to the rate in effect at the time of the date modification.
- Any estimate for special requests as mentioned in article 7.01 above, is valid for one month. The subscriber must validate it as well as any specific conditions attached, if applicable.
PFor the same message, the Subscriber can, in his customer area, modify the destination information of the message; with regard to the Personal Booster, by modifying their personal details and, with regard to the “Classic” and the Essential ”services, by modifying the e-mail addresses and adding or removing recipients up to a maximum number of 10 addresses mail.
The subscriber receives an email every 3 (three) months, asking him to check and, if necessary, modify the data that he has recorded in his account. He will have to check the box: “I confirm that I have checked all the data contained in my personal space”. CREA DIGIT COMPANY cannot be held responsible if the information turns out to be erroneous, incomplete or insufficient to enable it to accomplish its mission.
As stipulated in article 7.01 of these T & Cs, in the event of exceeding the maximum authorized units of the chosen formula, CREA DIGIT COMPANY reserves the right to invoice the differential cost within 1 (one) month after the recording the message. The subscriber will then have a period of 8 (eight) days to pay this additional charge under penalty of not being able to use e-TellYou’s messaging services and his order will in fact be canceled without the possibility of full refund or partiel.
The options or services chosen by the User entail additional costs as mentioned in article 8.02.03, the amount of which is indicated on the site.
Exceptionally and within the framework of a clear and precise communication carried out on the Site, CREA DIGIT COMPANY may offer periods of free or reduced-price services as part of promotions or discounts. Unless otherwise indicated, these promotional offers will be subject to these T & Cs and will be limited to a single registration on the Site.
CREA DIGIT COMPANY is free to increase its prices.
For essential services sold in the form of a subscription, the Subscriber will be notified of any increase at least 1 (one) month in advance and will be free, in the event of non-acceptance of this increase, to terminate his Subscription. according to the provisions of the article “termination of the Subscription”.
For successive services spread over time, paid in full upon subscription, CREA DIGIT COMPANY reserves the right to transfer to the subscriber or any account holder any price increase greater than 20% of the amount calculated during of the subscription. The subscriber will be informed of the supplement to be paid, in the event of non-acceptance of this increase, the message will be delivered, unless the subscriber advises otherwise, at the latest within a period ranging from 1 to 3 months following his refusal without possibility for the subscriber to set a specific date.
8.02.02 Details of Messaging Services
- The Classic one
Generic deferred messaging service, it allows the development, secure backup and sending of a written, audio or video message after a period ranging from 1 (one) month to several years with a limit of 22 years
The message can be up to 5 (five), 10 (ten) or 15 (fifteen) units (pages or minutes) and can have between 1 (one) and 10 (ten) different recipients.
- The Personal Booster
The “Personal Booster” Service concerns the sending to oneself, deferred, of a written, audio or video message of commitment to achieve personal goals.
The destination address is that of the subscriber himself.
In order to enhance and increase the scope of this Service every month, the subscriber receives in his mailbox, a message of encouragement to keep his commitments with a quote on motivation.
- The one for the future grown ups
The “The one for the future grown ups” service offers parents the opportunity to create a written, audio and video message for a young child that will not be delivered until he or she is old enough to understand.
As with the classic, the subscriber chooses the date of delivery of the message is possible to choose the date of delivery of the message whatever; It is recommended to wait until the age of 10-12 (ten-twelve) years which corresponds to the entry into pre-adolescence.
This Service can, like most benefits and services, be offered by means of a Gift Card (see article 8.03.03 “The Gift Card” below) for a birth gift.
- The Essential one
The “Essential one” Service is intended for the Subscriber wishing to make a written audio or video message which will not be transmitted until after his disappearance.
The service includes the same items as the Classic service with, however, some variants useful to the CREA DIGIT COMPANY to fulfill its mission, namely:
- The registration of a trusted person indicated by the Subscriber in the event that CREA DIGIT COMPANY does not obtain a response to its emails or requests,
- Payment in the form of a monthly subscription allowing CREA DIGIT COMPANY to be notified of a payment default linked to the blocking of the account by the bank following the death of the subscriber,
- The e-TellYou card to be stored with the subscriber’s identity documents, so that anyone who finds it, contact the CREA DIGIT COMPANY.
- The steps taken by CREA DIGIT COMPANY to obtain an official document and to certify the death in order to deliver the message according to the subscriber’s instructions within a reasonable period of three (3) months maximum after the last deadline except for particular difficulties which do not allow CREA DIGIT COMPANY to carry out its verifications.
Payment for this service is made only through a monthly subscription paid by Credit Card. The terms of payment for the subscription are detailed below in article “10.02 Payment of a subscription”.
With this service, the subscriber can choose, as an option, to receive the “e-TellYou Card” by post. He can also subscribe to other services offered such as support, internet search for a person’s contact details, etc., without any obligation to purchase the Essentials. These other services are paid in full when the order is taken.
8.03 Services and additional services
8.03.01 Messaging services
In addition to the cost of electronic deferred messaging services, additional costs billed induced by the user’s choice may be added, namely:
- As part of the Essential, the cost of the physical “e-TellYou” card intended to be kept with its identity documents asking anyone who finds it to contact e-TellYou
- The supplement inherent in the processing of the of a message sent to CREA DIGIT COMPANY by post at the subscriber’s expense and placed in a sealed envelope at namely: affixing the “e-TellYou” seal, archiving and saving the envelope in a secure place. This supplement is indicated to the subscriber on the quote which will be made to him upon request sent by email in accordance with the provisions of article 8.02.01.
- The cost of secure USB keying of the message, mentioned on the site if this option is chosen.
- The cost of managing and processing mail if the link or QR Code to the message is sent by or even post to the recipients.
- Postal shipments by tracked mail in France and internationally within the limits of the restrictions provided by La Poste: The costs of postings are subject to the rates charged by La Poste. They are calculated automatically when ordering. At the start of the year, in the event of an increase in postal rates, CREA DIGIT COMPANY reserves the right to defer this increase to the Subscribers concerned. This increase will be invoiced in the month following the entry into force by the Post Office of its new rates. In the event of a message sent to CREA DIGIT COMPANY under closed cover, the Subscriber must pay this additional charge if he wants his message to be delivered, failing which the Contract would be considered terminated. For all other cases, if the increase in the postal rate was not accepted, the ordering of the options requiring sending by post to the Recipient would be automatically canceled and only these with a refund of the postal costs which made the request. ‘subject to prior settlement.
Personalized services can be purchased independently of any messaging service.
They are made up of:
– assistance in developing the message and coaching type support,
– the search for the Recipient’s contact details on social networks by all legal means available on the internet.
The price of these personalized Services are indicated on the site when ordering. They are calculated and invoiced on the basis of the time spent:
- One hour to search the internet for the contact details of a recipient and for assistance in developing the message
- One hour or one hour and a half for the coaching session with the possibility of subscribing to a package of 3 sessions of 1 (one) hour or 1h30 (one hour and a half) each.
They are paid upon subscription and their implementation is carried out within 8 days at the latest in the event of waiver of the right of withdrawal or after a maximum period of 3 (three) weeks in the event of retention of the withdrawal period (see article “Right of withdrawal” below.
Coaching support and assistance in developing a message are provided by telephone or videoconference.
The strictest confidentiality is observed at the level of all support services. It is guaranteed by a confidentiality contract established by CREA DIGIT COMPANY with the accompanying person.
Coaching is provided by state-certified coaches with at least a level 6 (six) RNCP and respecting the Coaches Code of Ethics.
Appointments can be changed up to 72 (seventy-two) working hours before the fixed date. After this period, the subscriber may not demand any reimbursement or credit, except in exceptional cases after having made a reasoned request by email to the following address: firstname.lastname@example.org to CREA DIGIT COMPANY which reserves the right to decide.
Unless expressly requested by the subscriber, everything will be done to ensure that it is followed by the same accompanying person.
At the end of these service missions and in order to improve the quality of the services offered, CREA DIGIT COMPANY reserves the right to conduct a satisfaction survey with the subscriber.
8.03.03 Gift cardu
The Gift Card is for a minimum amount of 20 (twenty) € uros.
The Gift Card is in digital form and is sent by email to the beneficiary. As an optional extra, it can be sent in physical form by post.
The limit of validity of the gift card is indicated on the card and is within 2 (two) years following its purchase.
It can be used one or more times, and also serve as a contribution to the purchase of a product whose price would exceed the credit balance of the card.
The gift card may not be subject to any refund or credit for the amount of any credit balance remaining at its term.
<strong>Article IX.</strong> CONDITIONS OF SALE: ORDERS
Before any order, the Subscriber must create an Account on the Site. The Account creation section is accessible from the customer area directly from the Site home page.
On each visit, the User, if he wishes to order or consult his Account (order status, profile, etc.), must identify himself using his personal information.
CREA DIGIT COMPANY offers the Subscriber to order and pay for its Services in several stages, with payment by Secure payment by bank card via its service provider STRIPE.
Steps are to be followed by the Subscriber for the conclusion of the online sale:
- The Subscriber selects the Services he wishes to order, any mandatory options are offered to him as well as any additional Services that may be of interest. All of the selected Services can be found in his “Basket”. He records information and coordinates for the deliverability of his message. In his Basket, he finds all the Services and prices. It checks the elements indicated and modifies them if necessary (quantities, references …);
- Then, the Subscriber validates the method of payment: “Payment by Credit Card”;
- The next step offers them to check all the information, to read and accept these T & Cs by checking the corresponding box, then invites them to validate their order by clicking on the button “Confirm my order. “;
- Finally, the Subscriber is redirected to the secure interface of our payment service provider STRIPE in order to safely fill in his personal bank card references. Bank cards issued outside France must be international cards (Mastercard or Visa);
- If payment is accepted, the order is registered and the Contract definitively formed.
The Customer then receives an email acknowledging receipt of his order with a link to download the T & Cs and T & Cs in PDF format as well as, if applicable, “the related rules” and confirmation of payment for his order.
<strong>Article X.</strong> CONDITIONS OF SALE: TERMS OF PAYMENT
CREA DIGIT COMPANY has chosen an external service provider for the online payment of all of its benefits and services.
Payment is only made by Credit Card and is irrevocable.
If the bank refuses to pay for the order, the subscriber cannot access his products.
In the event of fraudulent use of his bank card, the Subscriber may require the cancellation of the payment by card, the sums paid will then be credited or returned. The responsibility of the holder of a bank card is not engaged if the disputed payment has been proven to be made fraudulently, remotely, without physical use of his card. To obtain reimbursement of the fraudulent debit and any bank charges that the operation may have generated, the cardholder must contest, in writing, the debit from his bank, within 70 (seventy) days of the transaction. operation, or even 120 (one hundred and twenty) days if the Contract binding it to it so provides. The amounts withdrawn are reimbursed by the bank within a maximum period of one month after receipt of the written objection lodged by the holder. No cost of restitution of sums can be charged to the holder.
Confirmation of an order implies acceptance of these T & Cs, the recognition of having full knowledge of them and the waiver of one’s own purchasing conditions, over which the T & Cs prevail in any event. All the data provided and the recorded confirmation will constitute proof of the transaction.
The communications, the details of the order as well as the invoicing carried out are archived by CREA DIGIT COMPANY and can be kept as proof, in application of the article “ Convention of proof ”hereof.
10.02 Payment of a subscription
Payment for the service, the Essential, is made by credit card only in monthly installments. The debit of the amount on the bank card is made in due time.
Other provisions apply for this subscription, namely:
- When the validity of his bank card expires, the subscriber is informed of his obligation to update his contact details with the service provider chosen by CREA DIGIT COMPANY for online payment.
- In case of rejection of the direct debit by the bank or in the event of failure to update banking information by the Subscriber, before the date of the scheduled direct debit, CREA DIGIT COMPANY will suspend any Service without possibility for the Subscriber of total reimbursement or partial.
- The subscriber will be contacted by email and will have a fortnight to pay their due. At the end of these fifteen (15) days in the absence of regularization, the subscription will be considered terminated, a message will be sent to him and unless he or she advises otherwise, the message will be delivered to the recipient (s). ) and this, at the latest in the month following the unpaid due date without the possibility of choosing a precise date.
Furthermore, in the event of payment default, and without possible contact with the subscriber, the trusted person will be contacted in order to hear from the subscriber without revealing the problems of non-payment of the monthly payment.
The Subscription is payable in arrears. Its price is indicated on the site when the Subscriber validates his order for the Essential Service.
CREA DIGIT COMPANY reserves the right to pass tax increases (VAT and other taxes) on to the Price of the Subscription. CREA DIGIT COMPANY is free to increase its Subscription rates. The Subscriber will be notified of any increase 1 (one) month in advance and will be free, in the event of non-acceptance of this increase, to terminate his Subscription in accordance with the provisions of the “termination of the Subscription” article.
Subscription duration :
The Subscription takes effect the month following its subscription to the Essential service. It is subscribed for a fixed period of 1 (one) month (hereinafter referred to as “Period”) and is tacitly renewed at the end of each month for an identical Period. The tacit renewal of the Subscription is done until the time of delivery by the Subscriber of the message. This issue generates, in fact, the effective term of the Subscription the following month.
The renewal of the Subscription to the Services is tacit each month for a Period of 1 (one) month unless terminated by the Subscriber under the conditions of the article “Termination of the Subscription”. In the event of tacit renewal, the rate then in force on the date of renewal for the subscription concerned will be fully applicable to the Subscriber, provided that the new rate has been sent beforehand to the Subscriber under the conditions of the article “Price of the Subscription ”.
Unless otherwise indicated on the Site and unless terminated by the Subscriber under the conditions of the article “Termination of the Subscription”, at the end of a Period for which the Subscriber has benefited from a promotional offer, the new Period will start under the conditions and prices mentioned on the Site.
<strong>Article XI. </strong> RIGHT TO RETRACT
11.01 Account subscription
In accordance with the legislation in force, the User, when acting as a Consumer under a contract concluded at a distance, has a period of fourteen (14) calendar days to exercise his right of withdrawal without having to justify reasons or pay penalties.
The period begins with the acceptance of the offer of the Services. However, as this Contract relates to the provision of Services performed either in part or in full before the expiration of said period, the consumer may, to the extent that he has been informed of this option, waive this right.
In this case, if the Subscriber, as part of the subscription to an Account, wishes to immediately access the Services of said account, he must check the option: “ I acknowledge that by accessing the Services in such a manner immediate, I waive my right of withdrawal and would no longer be able to invoke it ».
As such, CREA DIGIT COMPANY will retain all means of proof enabling the User’s explicit request to waive the right of withdrawal such as, in particular, a checkbox, SMS and / or emails which establish his express consent on a durable dematerialized medium. in accordance with the article “AGREEMENT ON PROOF”.
Likewise, the Customer acting as a Consumer has a period of 14 (fourteen) working days from the validation of his order for each Service and / or Subscription to exercise his right of withdrawal without incurring a penalty. and without having to justify himself.
Thus, if the Subscriber, as part of the validation of his order, if he wishes to benefit from immediate access to the Service and / or to the Ordered Subscription, he must also check the option: “ I acknowledge that by accessing the Services immediately, I waive my right of withdrawal and will no longer be able to invoke it ».
Again, CREA DIGIT COMPANY will retain all means of proof enabling the User’s explicit request to waive the right of withdrawal such as, in particular, a checkbox, SMS and / or emails which establish their express consent on dematerialized medium. durable in accordance with the article “AGREEMENT ON PROOF”.
If the Subscriber chooses, after confirming his order, not to have immediate access, but connects to his Account and expressly expresses his desire to benefit from the Services and / or Subscription before the expiry of the withdrawal period , this constitutes the will of the subscriber to waive his right of withdrawal. He will then be invited to check the option: “ I acknowledge that by accessing the Services immediately, I waive my right of withdrawal and will no longer be able to invoke it “.
Any declaration of withdrawal must be received by CREA DIGIT COMPANY within 14 (fourteen) days following the day of the validation of the order. The Customer can use the downloadable form here : (link to the standard form:https://www.servicepublic.fr/particuliers/vosdroits/R38397 ), or send a recorded delivery letter to Customer Service CREA DIGIT COMPANY 291 rue Albert Caquot CS 40095 06902 SOPHIA ANTIPOLIS Cédex or send it by email to : email@example.com request to CREA DIGIT COMPANY for an acknowledgment of receipt. In his letter or email, the Customer must provide all the details of his identity, his contact details (name, first name and email, postal, telephone contact details) and his client identifier.
The Customer will be reimbursed within 14 (fourteen) days from the knowledge by CREA DIGIT COMPANY of its decision to withdraw.
For reimbursement, CREA DIGIT COMPANY will use the same means of payment as the Subscriber.
Recourse by the Subscriber for the benefit of the right of withdrawal results in the cancellation of the order for Services and / or Subscription that he has expressly referred to in his request.
<strong>Article XII.</strong> TERMINATION AND CANCELLATION
12.01 Cancellation of orders
In addition to the “ Right of withdrawal ” mentioned in these GTCUS, the Customer may request the cancellation of his order only for Services with deferred execution of more than 1 (one ) year after the date of subscription, namely: delivery of the message by post, only for the following reasons; Upward revision of the price of these Services.
CREA DIGIT COMPANY undertakes to process order cancellation requests within ten (10) working days.
As stipulated in article 7.01 of these T & Cs, in the event of exceeding the maximum authorized units of the chosen formula, CREA DIGIT COMPANY reserves the right to invoice the differential cost within 1 (one) month after the recording the message. The subscriber will then have a period of 8 (eight) days to pay this additional charge under penalty of not being able to use e-TellYou’s messaging services and his order will in fact be canceled without the possibility of full refund or partiel.
12.02 Terms and conditions for terminating the Subscription
The Subscriber can terminate his Subscription by going directly to his personal space by clicking on “Cancel my subscription”.
The termination will be effective provided that CREA DIGIT COMPANY has taken note of its notification at least 72 (seventy-two) hours before its term and observing the stipulations of the article “ Terms of termination and cancellation strong> “.
In the event of non-compliance with these notification deadlines, the Subscription is fully renewed.
Termination does not entail any reimbursement of the price of the Subscription and all sums paid previously remain definitively acquired by CREA DIGIT COMPANY.
The Subscriber can also terminate his Subscription by sending to: CREA DIGIT COMPANY 291 rue Albert Caquot – CS 40095 – 06902 SOPHIA ANTIPOLIS cédex a LA AR letter requesting termination with sufficient information to allow the identification of the Subscriber: name, first name, identification number and of the subscription for which termination is requested. The Subscriber can also send an Email to:firstname.lastname@example.org. The email must include the information allowing the identification of the Subscriber (surname, first name, identification number) and of the Subscription whose termination is requested. Only the acknowledgment of receipt from CREA DIGIT COMPANY will constitute proof of the Subscriber’s request for termination. The termination will be taken into account at the end of the current Subscription period provided that its notification has been received at least 72 (seventy-two) hours before its term.
CREA DIGIT COMPANY undertakes to process subscription termination requests within ten (10) working days.
In the event of termination or expiration of the Subscription, for any reason whatsoever, the User expressly acknowledges that access to certain features and Services is no longer authorized with immediate effect.
In addition, any cancellation, termination or expiration of the subscription for whatever reason and unless the subscriber advises otherwise, will automatically result in the delivery of the message to the recipient (s) at the latest within a period ranging from 1 (one) to 3 (three) months after the last deadline.
Other features may be maintained for a limited time from the subscription end date. For example, it will be possible to view recorded messages and download them for a period of 2 (two) months. Beyond this period, except on condition of paying the sums due, all access will be closed permanently.
The User may, at any time, terminate the purchased Subscription. The Subscription will then end at the end of the current month . During the period between the notification of the termination of the Subscription and its effective end, the User may continue to benefit from the related benefits to his Subscription.
The termination of the Subscription does not entail any refund of the price of the Subscription.
The cancellation of orders for Services listed in “ Order Cancellation ” will be reimbursed to the customer within a maximum period of 30 (thirty) days following the processing of his file. For reimbursement, CREA DIGIT COMPANY will use the same means of payment as the Subscriber.
<strong>Article XIII.</strong> ACCESS TO ORDERED SERVICES
As soon as the payments have been made and validated, the Contract related to the provision of the Services and the Subscription is considered concluded, the Subscriber can use the Site according to the choice of the various Services purchased, taking into account, where applicable, the stipulations of the right to withdrawal indicated in the article “ RIGHT OF WITHDRAWAL ” of these T & Cs.
<strong>Article XIV.</strong> CUSTOMER SERVICE
If the Subscriber wishes to contact CREA DIGIT COMPANY, he can do so either by mail to the following address: Customer Service s CREA DIGIT COMPANY 291 rue Albert Caquot – CS 40095 -06902 Sophia Antipolis cedex; or by email to the following address: email@example.com.
<strong>Article XV.</strong> GARANTY
CREA DIGIT COMPANY guarantees, in accordance with legal provisions and without additional payment, the Customer against any lack of conformity or hidden defect, resulting from a design or production fault of the Services ordered under the conditions and according to the methods defined herein. CGUV.
In order to assert his rights, the Customer must inform CREA DIGIT COMPANY, in writing, of the existence of defects or lack of conformity within a maximum period of two (2) years, in application of articles 1648 of the Civil Code and L. 211-12 of the Consumer Code, from the provision of the Services concerned.
CREA DIGIT COMPANY will reimburse or rectify or have rectified (as far as possible) the Services and Services deemed to be defective as soon as possible and at the latest within fourteen (14) days (article 216-3 of the Consumer Code) following the finding by the Service Provider of the defect or vice.
For reimbursement, CREA DIGIT COMPANY will use the same means of payment as the Subscriber.
The Service Provider’s guarantee is limited to the reimbursement of the Services actually paid for by the Customer and the Service Provider cannot be considered liable or in default for any delay or non-performance resulting from the occurrence of a case of force majeure usually recognized by French case law.
The Services comply with the regulations in force in France.
CREA DIGIT COMPANY 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 verify.
<strong>Article XVI.</strong> RESPONSABILITY
The Company is responsible, within the framework of a simple obligation of means, in the event of failure to fulfill its obligations under the present conditions.
The Company, in its capacity as a technical service provider within the meaning of the Law for Confidence in the Digital Economy of June 21, 2004 (LCEN), in particular in its capacity as Host of the Data appearing on the Site and provided by the User, It can only be held liable on the basis of article 6-1-5 of the said law.
The Company cannot be held liable in the event of use of the Services not in accordance with the provisions of these T & Cs or in the event of errors, shortcomings or delays arising from a fault or breach of the User or Subscriber.
CREA DIGIT COMPANY declines any responsibility for the content and the expected legal value of the elements appearing in the User’s Account as well as their assessment by any administration or jurisdiction.
In any case, CREA DIGIT COMPANY is in no way responsible for any indirect and / or related damage, such as, and without this list being exhaustive: operating loss and other commercial, image or moral damage , finding their origin and or being the consequence hereof.
In order to avoid any late complaint, and in particular to allow the Company to preserve the evidence, the User must notify CREA DIGIT COMPANY that he intends to exercise his responsibility.
This notification must, under penalty of foreclosure, indicate precisely the errors, shortcomings or delays observed and must be sent no later than 15 (fifteen) days following the occurrence of the event likely to engage the responsibility of the Company. .
CREA DIGIT COMPANY can not be held liable following any action or recourse by third parties as well as due to the suspension of the Account as provided for herein.
<strong>Article XVII.</strong> FORCE MAJEURE
CREA DIGIT COMPANY cannot be held responsible for any delay in the performance of its obligations or for any non-performance of its obligations resulting from this Contract when the circumstances giving rise to it fall within the meaning of force majeure within the meaning of article 1218 of the Civil Code. .
Expressly, are considered as force majeure or fortuitous event, in addition to those usually retained by the jurisprudence of French courts and tribunals, total or partial strikes, lock-out, riot, civil disturbance, insurrection, war, bad weather, epidemic, blockage of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, government or legal restrictions, legal or regulatory changes in forms of marketing, computer failure or electrical network or server, blocking of electronic communications, including wired or wireless telecommunications networks, any questioning of the mathematical foundations governing the theory of cryptographic algorithms, used for public key infrastructures and any other case independent of the will of CREA DIGIT COMPANY preventing the normal performance of this Contract.
Initially, cases of force majeure will suspend the performance of the Contract. If the cases of force majeure last for more than 60 (sixty) days, the Contract is automatically terminated, unless otherwise agreed between CREA DIGIT COMPANY and the User.
<strong>Article XVIII.</strong> CANCELLATION CLAUSE
The User expressly waives the right to request the forced execution of the Services, to have them performed by a third party or to request a reduction in the price of the Services and, therefore, the provisions of articles 1221, 1222, 1223 of the Civil Code.
In the event that the User does not meet his payment obligation, CREA DIGIT COMPANY may, subject to prior notice not followed up within a period of 30 (thirty) days following receipt by the User of said formal notice, suspend the performance of the Services until full payment of the price and without liability being incurred for any reason whatsoever.
In addition, any breach by either Party of any of its obligations which extends beyond 30 (thirty) working days following a formal notice sent by registered letter, or which does not is not liable to be repaired, may result in the termination of the Contract as of right without legal formalities and without prejudice to all damages and / or penalties, other rights and remedies that the non-defaulting Party may claim from the defaulting Party.
<strong>Article XIX.</strong> COLLECTION OF PERSONAL DATA
Complete information on the collection, the processing carried out, the obligations of CREA DIGIT COMPANY, as well as the rights of the User is the subject of an independent act entitled “Charter relating to the protection of personal data”, of which the ‘User certifies having read, before having validated it concomitantly with the validation hereof.
CREA DIGIT COMPANY undertakes to preserve the confidentiality of the information provided by the Subscriber, which he would be required to transmit for the use of certain Services.
<strong>Article XX.</strong> INTELLECTUAL PROPERTY
All the elements of the Site are and remain the intellectual and exclusive property of CREA DIGIT COMPANY. No one is authorized to reproduce, exploit, or use for any purpose whatsoever, even partially, elements of the site whether in the form of a photo, logo, visual or text.
<strong>Article XXI.</strong> GENERAL PROVISIONS
Any tolerance or waiver on the part of one of the Parties in the application of all or part of the commitments or obligations provided for in these GCUS, whatever the date, frequency or duration, cannot, in the absence of written agreement to this effect, assert modification of the CGUV, generate or prevent any right.
21.02 Permanence of the contract
The invalidity of any clause hereof does not affect the validity of the other clauses; the Contract continues in the absence of the canceled device unless the canceled clause makes continuation of the Contract impossible or unbalanced with respect to the initial agreements.
21.03 Headings of clauses
The headings at the top of each article are for convenience of reading and can in no way be the pretext for any interpretation or distortion of the clauses to which they relate. In the event of difficulty of interpretation or of contradiction between the content of a clause and its title, the latter is deemed unwritten.
21.04 Integrity of the Agreement of the Parties
The Parties acknowledge that these T & Cs and any amendments thereof constitute the entirety of the agreements between them regarding the achievement of the subject matter hereof and replace all previous agreements and proposals having the same purpose, whatever the form.
21.05 Convention of proof
Pursuant to the provisions of articles 1365 of the Civil Code, the information provided by the Company’s Site is authentic between the Parties.
In accordance with Article 1368 of the Civil Code, CREA DIGIT COMPANY and the User intend to set, within the framework of the Services, the rules relating to the evidence admissible between them in the event of a dispute and their probative value. The following provisions thus constitute the proof agreement between the Parties, which undertake to comply with this article. CREA DIGIT COMPANY and the User undertake to accept that in the event of a dispute, e-mail addresses, e-mails exchanged and text messages are admissible in court and will prove the data and facts they contain so to be authentic by priority except to provide written proof to the contrary by the User.
CREA COMPANY and the User undertake to accept that in the event of a dispute, the data resulting from any computer recording of the Company constitutes proof of acceptance of these T & Cs, proof of electronic acceptance of any offer and all Services, the materiality of the services used by the User by means of remote services used, namely Internet, telephone, SMS and mail.
CREA DIGIT COMPANY and the User agree to accept that in the event of a dispute, the scope of these documents and information is that granted to an original in the sense of a written document on paper, signed by hand.
CREA DIGIT COMPANY declares that it holds professional liability insurance in accordance with the applicable legal and regulatory provisions.
21.07 Applicable law – Competent court
These T & Cs are subject to French law.
For any dispute or litigation relating to the formation, validity, interpretation, execution and termination of this Contract, an amicable solution before any legal action will be considered initially.
The User having the status of Consumer , in accordance with articles L.616-1 and R.616-1 of the Consumer Code, CREA DIGIT COMPANY has set up a consumer mediation system, in the context of disputes that may arise from the execution hereof.
Beforehand, the Consumer must inform CREA DIGIT COMPANY of his complaint by any written means at his convenience, in accordance with Article L. 612-2 of the Consumer Code and inform CREA DIGIT COMPANY of the reasons for the dispute. If, within two months, no solution can be found between the Parties, the attempt to resolve the conflict will be deemed to have failed.
In accordance with Ordinance No. 2015-1033 of August 20, 2015 and implementing decree No. 2015-1382 of October 30, 2015, any so-called consumer dispute or dispute, subject to Article L. 612-2 of the Consumer Code , may be the subject of an amicable settlement by mediation, within one (1) year, with the company SAS CNPM – MÉDIATION – CONSUMPTION (hereinafter referred to as « Mediator »).
To submit a dispute to the Mediator, the Consumer can complete the form on the Mediator’s website:
- on the site : http://cnpm-mediation-consommation.eu
- or by post by registered letter with acknowledgment of receipt by writing to:
CNPM – MÉDIATION – CONSOMMATION 27, avenue de la Libération – 42400 SAINT-CHAMOND
Whatever the means used to contact the Mediator, the Consumer’s request must contain the following elements to be processed quickly: their postal, email and telephone details as well as the full name and address of CREA DIGIT COMPANY, a brief statement of the facts , and proof of the preliminary steps with CREA DIGIT COMPANY.
If the User of the Site meets the definition of Consumer, and his habitual residence is located in a country of the European Union, he benefits from rights protecting him under the provisions of the law applicable in his own country of residence.
CREA DIGIT COMPANY like the User agree to submit disputes arising from their commercial relationship to the jurisdiction of French courts.
If he acts as a Consumer, this competence is not exclusive for the User who can bring an action to assert his rights in France as in the country of the European Union in which he resides. If necessary, the Consumer can access the European Commission dispute resolution platform at https://ec.europa.eu/consumers/odr.
- In the event that the User turns out to be a trader , it is agreed that all disputes relating to the formation, validity, interpretation, execution and termination of this Contract that the Parties do not could resolve amicably, will be submitted to the Commercial Court of GRASSE, to which the Parties attribute territorial jurisdiction regardless of the place of performance or the domicile of the defendant. This clause by express agreement of the Parties also applies in the event of summary proceedings, multiple defendants or guarantee appeal and regardless of the nationality of the User.