General terms and conditions of sale
Registration and use of the http://www.eg-webcreator.fr website requires full acceptance of these conditions.
Preamble
These General Terms and Conditions of Sale (GTCS) describe the terms and conditions under which EG@WebCreator (see legal information) publishes the services marketed on the http://www.eg-webcreator.fr website.
The list and description of the services offered by EG@WebCreator can be consulted on the aforementioned site.
Legal information
http://www.eg-webcreator.fr is published by EG@WebCreator:
EI EG@WebCreator
41 rue Antoine de Saint-Exupéry – 91620 Nozay – FRANCE
Article 1: Purpose
These General Terms and Conditions of Sale (GTCS) determine the rights and obligations of the parties (Customer and Seller) in the context of the online sale of services offered by the Seller.
Article 2: General provisions
In the event of non-renewal of the service, the Customer’s site will revert to the free version. Under no circumstances will it be deleted.
These General Terms and Conditions of Sale (GTCS) apply to all sales of services made through the EG@WebCreator website and are an integral part of the Contract between the Customer and the Seller.
The Seller reserves the right to modify these Terms and Conditions at any time by publishing a new version on its website. The GTC applicable at that time are those in force on the date of payment (or of the first payment in the case of multiple payments) of the order. These GCS can be consulted on the EG@WebCreator website at the following address: http://www.eg-webcreator.fr/cgv
EG@WebCreator also makes sure that their acceptance is clear and without reserve by setting up a check box and a validation click. The Customer declares that he has read all of these General Terms and Conditions of Sale, and where applicable the Special Terms and Conditions of Sale relating to a service, and accepts them without restriction or reservation. The Customer acknowledges that he/she has received the necessary advice and information to ensure that the offer meets his/her needs. The Customer declares that he/she is legally capable of entering into a contract under French law or that he/she validly represents the natural person or legal entity on whose behalf he/she is entering into a contract. In the absence of proof to the contrary, the information recorded by EG@WebCreator constitutes proof of all transactions.
Article 3 : Products and services
The products and services offered are those listed in the “At Your Service” section of the http://www.eg-webcreator.fr website.
Each service is accompanied by a description established by EG@WebCreator.
Article 4: Prices
The prices quoted are exclusive of VAT in euros. They take into account the VAT not applicable to EG@WebCreator (art. 293 B of the CGI).
EG@WebCreator reserves the right to modify its prices at any time, it being understood that the price agreed on the day of the order will be the only one applicable to the Client.
The prices indicated to the Client include order processing fees.
Article 5: Conclusion of the online contract
The Customer must follow a series of steps specific to each Product offered by the Vendor in order to complete the order. However, the steps described below are systematic:
– Information on the essential characteristics of the Product;
– Choosing the Product and, where applicable, its options and providing the Customer’s essential details (identification, address, etc.);
– Acceptance of these General Terms and Conditions of Sale.
– Verification of the elements of the order and, if necessary, correction of errors.
– Follow payment instructions and pay for products.
– Confirm the order and payment.
Confirmation of the order implies acceptance of these terms and conditions of sale, acknowledgement that you are fully aware of them and waiver of your right to invoke your own terms and conditions of purchase or any other terms and conditions.
All the data supplied and the recorded confirmation will be deemed proof of the transaction. Confirmation shall constitute signature and acceptance of the transactions carried out.
The seller will send confirmation of the recorded order by e-mail.
Article 6: Retention of title clause
The Products remain the property of EG@WebCreator until full payment has been received.
Article 7 : Delivery
Products are delivered digitally.
Article 8 : Payment
Payment is due immediately upon ordering. The Customer will pay by credit card through a secure system that uses SSL (Secure Socket Layer), so that the information transmitted is encrypted by software and no third party can read it during transport on the network.
Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Once payment has been initiated by the Customer, the transaction is immediately debited once the information has been verified. In accordance with the provisions of the French Monetary and Financial Code, the commitment to pay given by card is irrevocable. By providing his/her bank details at the time of sale, the Customer authorises the Vendor to debit his/her card for the amount relating to the price indicated. The Customer confirms that he/she is the legal holder of the card to be debited and that he/she is legally entitled to use it. In the event of an error, or of it being impossible to debit the card, the Sale is immediately cancelled by operation of law and the order cancelled.
EG@WebCreator.net cannot be held responsible in the event of technical failure on the part of the purchaser (incorrect email entered, connection problems, programme abandonment).
Late payments and payment incidents
The Customer is hereby informed and expressly accepts that any delay in payment of all or part of a sum due on the due date will automatically result, without prejudice to the provisions of article 14 and without prior formal notice :
— the acceleration of all sums owed by the Customer and their immediate payment ;
— the immediate suspension of Services in progress until full payment of all sums owed by The Client;
— the invoicing to EG@WebCreator of late payment interest at the rate of three times (3 times) the legal interest rate, based on the amount of all sums owed by the Client as well as a fixed indemnity of 10% of the amount remaining unpaid, with a minimum of €150, by way of collection costs.
Article 9: Withdrawal period
As specified in the French Consumer Code, “The right of withdrawal may not be exercised, unless the parties have agreed otherwise, for contracts: (…) for the supply of audio or video recordings or computer software when they have been unsealed by the consumer”.
On 23 June 2011, the European Parliament approved by a large majority the proposal for a Directive of the European Parliament and of the Council on consumer rights. The aim of this directive is to harmonise consumer protection standards across all Member States. In Chapter III, relating to distance selling and therefore e-commerce, this directive considers that goods derived from digital content cannot entitle a consumer to a right of withdrawal. Digital content includes computer programs, applications, games, music, videos or texts accessible via streaming or downloading from a hardware medium or any other medium. Ultimately, the sale is considered to have been concluded from the start of the download.
Article 10: Intellectual property rights
Trademarks, domain names, products, software, images, videos, texts and more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Article 11: Force majeure
The performance of the seller’s obligations hereunder shall be suspended in the event of the occurrence of a fortuitous event or force majeure which prevents performance. The seller will notify the customer of the occurrence of such an event as soon as possible.
Article 12: Nullity and amendment
of the contract
Should any of the stipulations of this contract be null and void, this shall not invalidate the other stipulations, which shall remain in force between the parties. Any amendment to the contract will only be valid if agreed in writing and signed by the parties.
Article 13: Protection of personal data
In accordance with the French Data Protection Act of 6 January 1978, you have the right to question, access, modify, oppose and rectify any personal data concerning you. By accepting these general terms and conditions of sale, you consent to us collecting and using this data for the purposes of this contract. By entering your email address on our site, you will receive emails containing information. You can unsubscribe at any time. To do so, simply click on the link at the end of our emails or contact the data controller by email: contact@eg-webcreator.net We monitor the number of visitors to all our sites.
Article 14: Applicable law
All clauses contained in these general terms and conditions of sale, as well as all purchase and sale transactions referred to herein, shall be governed by French law.