<strong>Article I. </strong> PREAMBLE
These General Conditions of Use apply to the use of the e-TellYou website (referred to as the “ Site ”, 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 “), whose registered 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 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 event.
CREA DIGIT COMPANY welcomes the User to its Site.
CREA DIGIT COMPANY invites the User to read these general conditions of use (referred to as the “ T & Cs “, as this term will be defined below) in their entirety before browsing the Site, using the services offered by CREA DIGIT COMPANY, or placing an order.
The User browsing the pages of the Site, using the services offered by CREA DIGIT COMPANY, 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.
The User accessing the Site accepts these T & Cs. In the event of non-acceptance, pure and simple or partial, of these T & Cs, the User undertakes to renounce access to the Site and to the services offered by this Site.
These T & Cs supplement the Legal Notice and the General Conditions of Use and Sale which can be viewed on other pages of the e-TellYou Site, the final address of which is: https://e-tellyou.com.
<strong>Article II. </strong> DEFINITIONS
Under these T & Cs,
“Subscription” represents access to the Services as well as the costs invoiced for saving the message and the contact details and information for delivering the message,
“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 his personal information.
“GCU” corresponds to the General Conditions of Use,
“CGUV” corresponds to the General Conditions of Use and Sale,
“Consumer”: a Consumer is defined as any person meeting the definition of Consumer under the introductory article of the Consumer Code,
“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
“Price” is the cost of the Service which, in the absence of details, is assumed to include all taxes (TTC),
“Service” is used in the broad sense and designates, individually, both a functionality, a service, individually, or any service whatsoever, presented and provided by CREAR DIGIT COMPANY, on the Site
“Site” means the website for access to the final address: e-TellYou, regardless of the address that allows access to it
“Services” designates, in a global manner, all the 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 or the Service (s) he wishes to order, online, as well as the possibility of paying online for the purchase of this Service (s)
“Subscriber”: any User who has placed an order on the e-TellYou site is qualified as Subscriber or Client.
“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> PURPOSE OF THE GENERAL CONDITIONS OF USE
The purpose of these presents is to define the conditions of use applicable to the provision of the Services offered to the User by the Company on the Site and the Subscription to an Account.
<strong>Article IV. </strong> TERMS OF APPLICATION OF THE GENERAL CONDITIONS OF USE
These are written in French. They specify in particular the different steps necessary for the Subscription to an Account and the use of certain Services by the User.
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 within the framework of the User’s navigation on the Site.
The Services are provided by the Site worldwide.
Under this applicability, the fact that the Site is made inaccessible, in its entirety or in part, for a particular User or all Users, for a short period as well as an extended period, and more generally for any circumstance that may arise, does not suspend the application of these T & Cs.
<strong>Article V. </strong> OPPOSABILITY OF THE GENERAL CONDITIONS OF USE
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). They replace any previous agreement or contractual document that may bind CREA DIGIT COMPANY and the User.
The T & Cs constitute the contractual document enforceable against the Parties, to the exclusion of all other documents, prospectuses, catalogs or photographs which have only indicative value.
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.
<strong>Article VI. </strong> 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 deploys its best efforts to ensure the availability of the Site, its services and the Services offered for sale. Likewise, CREA DIGIT COMPANY deploys its best efforts to ensure that the transmission of information and the delivery of orders are carried out without error.
However, taking into account the vagaries and the nature of the Internet, the information in the previous paragraph can in no way be guaranteed.
Users’ access to the Site and to the Services offered by CREA DIGIT COMPANY may be suspended, limited or interrupted in order to allow maintenance, repairs, updating of the site, services or Services, as well as adding new features.
CREA DIGIT COMPANY strives to limit the duration and frequency of suspensions, limitations or interruptions of the service.
Within the framework of its relations with professionals and the End Customer, in particular within the framework of outsourced services, where applicable, CREA DIGIT COMPANY can in no way be held responsible for the delays or the impossibility for the professional to perform its obligations. legal or contractual when the delay or impossibility is caused by an element outside the control 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 Site may contain hypertext links (or hyperlinks) giving access to other websites published and managed by third parties. These third parties should under no circumstances be confused with CREA DIGIT COMPANY, the sole publisher of the Site. The latter can in no way be held responsible, directly or indirectly, in the event that said third-party sites do not comply with legal provisions.
The creation of hypertext links to the Site can only take place after having obtained the prior written authorization of CREA DIGIT COMPANY. The sites having received the authorization to insert a hypertext link pointing to the pages of the Site engage their responsibility as soon as they damage the image of the Site, its editor, its director of the publication, or any element of intellectual property which CREA DIGIT COMPANY owns or uses by any means whatsoever.
<strong>Article VII. </strong> CONDITIONS OF USE OF THE SITE
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.
<strong>Article VIII. </strong> 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.
<strong>Article IX.</strong> PRICE OF ACCESS TO THE SITE
Access to the Site for the User is 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.
Accessing the site, registering and maintaining an Account in no way commits the User to making purchases on the Site.
Only orders placed with CREA DIGIT COMPANY, through the Site or by any other means, are chargeable under the conditions provided for in the T & Cs.
<strong>Article X.</strong> CHANGES AND MODIFICATIONS / INACTIVE ACCOUNT
CREA DIGIT COMPANY reserves the right to make changes to 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 the User browses the Site.
– In the event of changes in the law;
– For any reason deemed necessary by CREA DIGIT COMPANY.
It is up to the User to consult the T & Cs as often as necessary. In any case, any modification will be the subject of an email notification to the User at least 1 week (1) before their entry into force, provided however that the latter has entrusted his contact details by email by e-mail.
If, however, the User wishes, following the notification made to him, to terminate this Contract, and subject to having provided his email contact details, he may do so at any time by sending an email. at the following address: [email protected] , informing CREA DIGIT of its intention to terminate it. CREA DIGIT COMPANY will then terminate the Contract that 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 XI.</strong> PROCESSING OF PERSONAL DATA
The processing and collection of personal data and their dissemination to third parties responsible for the execution and payment of the Services, is subject to the consent of the person concerned.
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.
<strong>Article XII.</strong> COMMITMENTS AND RESPONSIBILITIES OF CREA DIGIT COMPANY
CREA DIGIT COMPANY manifests its will and the strength of its commitment to take all useful and necessary precautions to preserve the security and confidentiality of data collected from the User.
CREA DIGIT COMPANY expresses its commitment to the exact and sincere nature of the information collected from the User. Thus, CREA DIGIT COMPANY undertakes that the information communicated by the User is not distorted, corrupted, damaged, or made accessible to third parties not authorized to consult this information.
CREA DIGIT 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.
• CREA DIGIT COMPANY, in its capacity as 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 can only be held liable on the basis of article 6-1-5 of said law.
• CREA DIGIT COMPANY cannot be held liable in the event of use of the Services that does not comply 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.
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 CREA DIGIT 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 days following the occurrence of the event liable to engage the responsibility of CREA DIGIT 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 XIII.</strong> COMMITMENTS AND RESPONSIBILITIES OF THE USER
The User of the Site undertakes to communicate, in the context of his orders, only up-to-date, complete and accurate information.
The User failing to comply with his obligations to provide up-to-date, complete and accurate information releases CREA DIGIT COMPANY from any liability for service or performance failures that may arise from this failure.
The User who does not comply with his obligations to provide up-to-date, complete and accurate information is liable to the suspension or termination of operations in progress without being able to raise any recourse against CREA DIGIT COMPANY., If applicable, to a civil or criminal liability action.
The data or document kept by the User in his storage space is his sole responsibility. The use by the User of the storage space in no way exempts him from the retention of messages that he has left on his space.
The retention of other data or documents on paper or any other external medium is also the responsibility of the User.
In general, the User of the Site undertakes not to contravene the laws and regulations in force, and is advised that his civil or criminal liability may be incurred, if applicable, in the event of a violation of legal or regulatory provisions. applicable.
<strong>Article XIV.</strong> RETRACTION
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. By continuing to visit this Site, the User expressly acknowledges having taken cognizance of this right and expressly waiving 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”.
<strong>Article XV.</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 XVI.</strong> INTELLECTUAL PROPERTY - PHOTO CREDITS
16.01 Property of CREA DIGIT COMPANY
All the Services made available on the Site are the property of CREA DIGIT COMPANY, its partners or its suppliers. These Services are protected, where applicable, by French and international law on intellectual property, author and database protection law.
The company names, brands and distinctive signs present on the Site may be subject to protection under trademark law. The reproduction or representation of all or part of the corporate names, trademarks and distinctive signs can only take place with the prior written authorization of the trademark holder. In the absence of such authorization, the reproduction or representation of all or part of the company names, brands and distinctive signs is prohibited.
The User is prohibited from extracting or reusing all or part of the content on the Site without having previously obtained written authorization signed by CREA DIGIT COMPANY. The only reproductions allowed, under the explicit condition that e-TellYou is mentioned, concern the content of the publications on the “Our articles” page, the files: “Reaching your goal”, “User guide”, “Tips for create your message ”as well as the Media Kit.
In terms of copyright and intellectual property CREA DIGIT COMPANY owns or enjoys rights to the non-exhaustive list of the following works: the e-TellYou name and logo, the conceptualization of e-TellYou as a concept, of the Site and its application.
CREA DIGIT COMPANY owns or enjoys rights to the non-exhaustive list of the following designs: the e-TellYou logo whatever the colors used, black white and gray scale included and the pictograms created specifically for the site .
CREA DIGIT COMPANY affirms its commitment to respecting the intellectual property of others.
The User believing that one of his intellectual property rights has been infringed, or that this right has been used in a way that suggests a violation of said right, can notify the violation or the risk of violation by sending a notification to the following contact details:
Email : [email protected]
Post : CREA DIGIT COMPANY – 291 Rue Albert Caquot – CS40095 – 06902 SOPHIA ANTIPOLIS Cédex
The notification must indicate at least:
- The page on which the violation or the risk of violation of the intellectual property right occurs;
- The nature of the intellectual property right the violation of which is proven or suspected, consumed or not;
- Elements making it possible to justify the ownership or the enjoyment of the intellectual property right whose violation or the risk of violation is the subject of the notification.
16.02 Photo credits
The photos presenting the creators and collaborators of the Site are protected by copyright and any use by a third party must be subject to the written authorization of each of them; each reserves the right to take legal action in the event of fraudulent use of its image.
The other photographs, as well as the illustrations are used either under license “Creative Commons Zero (CC0 content), or under Freepik license with subscription to a contract and in respect of the conditions mentioned on the T & Cs of the site: https://www.freepikcompany.com/legal#nav-freepik.
In addition, some Pictos have been created by the company CREA DIGIT COMPANY for an illustration specific to the site.
<strong>Article XVII.</strong> COMMUNICATIONS
In application of the provisions of articles 1365 of the Civil Code, the information provided by the 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 use of any of the Site Services, the sending of emails, or the use of any other form of communication from fixed or mobile equipment results in the User’s communication with CREA DIGIT COMPANY.
These communications being electronic in nature, CREA DIGIT COMPANY will respond to Users electronically. In particular, CREA DIGIT COMPANY may send the User emails, SMS, notification messages, or use any other communication channel opened electronically.
If necessary, CREA DIGIT COMPANY may send the User communications by physical means, in particular by post if the latter has provided his postal address.
If CREA DIGIT COMPANY is unable to reach the User and only to perform the services ordered from it, it may contact the person indicated by the user in order to collect the information necessary for the performance of the services ordered.
For contractual purposes, the User accepts that all agreements, information, disclosures and all other forms of communications, sent by CREA DIGIT COMPANY by electronic means, fulfill all the legal obligations of written communications, in addition to the application of a law whose provisions imperatives force the adoption of a specific mode of communication.
<strong>Article XVIII.</strong> RECOMMENDATIONS AND CUSTOMIZATION
As part of its Services and its offers on the Site, CREA DIGIT COMPANY may recommend features of the Services, which may consist of third-party advertisements, which are deemed likely to be of interest to the User.
CREA DIGIT COMPANY identifies User preferences and personalizes their browsing experience on the Site.
<strong>Article XIX.</strong> NOTIFICATION OF INJURIOUS OR DEFAMATORY CONTENT
It is possible that certain Services and Services offered for sale, or that comments, opinions or other forms of communication, published on the Site are of an abusive or defamatory nature.
In the event that a User notices offensive or defamatory content, CREA DIGIT COMPANY asks him to immediately notify him of said content, indicating the following elements:
- The page of the Site which is the subject of the notification;
- Offensive or defamatory language;
- Any mention, information or clarification it deems necessary in order to identify the offensive or defamatory content;
- An explanation as to why the comment is deemed offensive or defamatory;
at the following coordinates:
Email: [email protected]
Mail: CREA DIGIT COMPANY – 291 Rue Albert Caquot – CS40095 – 06902 SOPHIA ANTIPOLIS Cédex
CREA DIGIT COMPANY undertakes, upon receipt of the notification, to remove the content considered to be offensive or defamatory within three (3) working days. After verification by CREA DIGIT COMPANY, the content will only be put back online once the offensive or defamatory material has been removed, or if, after examination, the content is not of a proven offensive or defamatory nature.
CREA DIGIT COMPANY draws the attention of the User sending a notification of offensive or defamatory content that providing misleading, false or inaccurate information in the context of the notification sent to CREA DIGIT COMPANY may engage his civil and / or criminal liability
<strong>Article XX.</strong> MINORS
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. The User, if he is a minor, therefore undertakes to ask one or other of the parents or the holder (s) of parental authority to make such a subscription in the name and for his account.
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 and / or use the 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 of the holder (s). (s) of parental authority concerning him, before creating an Account.
The fact for a minor to register for 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.
<strong>Article XXI.</strong> GENERAL PROVISIONS
21.01 Partial nullity
If any of the stipulations of these T & Cs prove to be invalid, void or inapplicable, for any reason whatsoever, said stipulation is deemed to be divisible and will not affect the validity of the remaining stipulations, which will remain fully enforceable against Users of the Site. .
21.02 Waiver of prosecution
CREA DIGIT COMPANY’s inaction in the event of breach of these T & Cs by a User of the Site does not preclude any remedy. CREA DIGIT COMPANY reserves the right to use all rights and remedies against the User who has violated these T & Cs.
21.03 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.
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 Entire agreement of the Parties
The Parties acknowledge that these T & Cs and any amendments thereof constitute the entire 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 DIGIT COMPANY and the User undertake to accept that in the event of a dispute, the data from any CREA DIGIT COMPANY computer record constitutes proof of acceptance of these T & Cs, proof of acceptance by way of electronic form 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.
<strong>Article XXII.</strong> APPLICABLE LAW - MEDIATION - ATTRIBUTIVE JURISDICTION CLAUSE
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.
- If the User is a Consumer, in accordance with articles 616-1and R.616-1of 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 theordinance n° 2015-1033 of 20 août 2015 and to the implementing decree no.2015-1382 of October 30, 2015, any so-called consumer dispute or dispute, subject to thearticle 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 – MEDIATION – CONSUMPTION (hereinafter referred to as the “ Mediator “).
To submit a dispute to the Mediator, the Consumer can complete the form on the Mediator’s website:
- on the site:
- 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
- In the event that the User is a trader , it is agreed that all disputes relating to the formation, validity, interpretation, execution and termination of this Contract that the Parties cannot 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.