July 18, 2018 version
Article 1: SCOPE OF APPLICATION
These general conditions of sale (the "GCS") apply to all orders for virtual products (Modules, audits.) (the "Products") placed either directly from the website boutique.comonsoft.com, or through the Com'onsoft application for smartphones or tablets (hereinafter the "Site") by any individual acting, personally, as a consumer (as this term is defined by the introductory article of the Consumer Code).
(the "Customer") with the company Com'onsoft, a limited liability company whose registered office is located at 8 rue du Mesnil Saint Denis in Coignières (78310) and whose identification number is 449 901 370 (R.C.S. VERSAILLES) (the "Vendor").
The present Terms and Conditions of Sale may be modified at any time by the Seller. It is the Customer's responsibility to consult and formally accept them before placing any order.
Any order placed on the Site implies full, unconditional and unreserved acceptance of the GCS in force on the date of said order. The applicable GCS are those appearing on the Site on the day of the Customer's order and are attached to the order confirmation email sent to the Customer by the Vendor.
Article 2: PRICE OF PRODUCTS
Product offers are valid as long as they are accessible on the Site and subject to their availability in stock, as indicated at the time of the order.
The prices of the Products indicated on the Product sheets on the Site are expressed inclusive of all taxes and exclusive of delivery charges and, where applicable, taxes or customs duties.
Article 3 : ORDERS
The availability of the Products as well as the delivery time are displayed on the Site, during the validation of the order.
In the event that, subsequent to the order, a Product becomes totally or partially unavailable, the Vendor will inform the Customer by email of this unavailability and will give him the possibility :
(i) Either, on the Customer's instruction, to be delivered a Product of a quality and price equivalent to that ordered;
(ii) Or to be reimbursed for the price of the Product ordered. In the absence of a response from the Customer, this second option will be implemented.
3.1 Terms and conditions for placing the order
After having constituted his basket and before placing the order on the Site, the Customer must :
check and possibly correct the contents of his basket (quantity of Products selected, corresponding prices, delivery terms and costs, etc.),
read and accept these GCS by clicking on the tab "I have read the general terms and conditions of sale and accept them without reservation",
confirm the acceptance of his/her order by clicking on the "Order" box, which action will entail the Customer's agreement to purchase the selected Products under the conditions detailed in the order.
3.2 Validation of the order
Following the Customer's placing of the order, the Seller will acknowledge receipt of the order by sending an order confirmation email including the summary of the order, its reference number, and these Terms and Conditions of Sale, and will then definitively validate the order by sending an order validation email.
These emails are sent to the email address that the Customer uses to identify himself in the Customer Space.
The Vendor reserves the right not to validate the Customer's order for any legitimate reason, in particular in the event that :
one of the Customer's previous orders has not been paid in full when due;
a dispute relating to the payment of one of the Customer's previous orders is being processed;
several serious and concordant elements would make weigh a suspicion of fraud on the Customer's order.
Article 4 : PAYMENT OF PRODUCTS
Payment is made online by credit card or by Paypal.
The invoice relating to the order will be attached to the order validation email.
The invoice can also be downloaded in the "my orders" section accessible in the "Customer Area".
The cards accepted for online payment are Carte Bleue, Visa, Mastercard.
Article 5: CONFORMITY FAILURE AND HIDDEN VICES
It is reminded that under the legal guarantee of conformity, the Customer :
benefits from a delay of two (2) years as from the delivery of the Product to act;
may choose between repair or replacement of the Product, subject to the cost conditions provided for in Article L. 217-9 of the French Consumer Code ;
is exempt from having to provide proof of the existence of the Product's lack of conformity for twenty-four (24) months following delivery.
The Customer may decide to implement the warranty against latent defects of the thing sold within the meaning of Article 1641 of the Civil Code and, in this case, may choose between cancellation of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.
In order to benefit from the legal guarantee of conformity or the guarantee of hidden defects for a Product purchased from the Seller, the Customer must contact Customer Service
In order to optimize the processing of your requests, the Customer should indicate in the mail his name, first name, e-mail address with which he placed his order and the number of the order concerned.
Article 6: INTELLECTUAL PROPERTY RIGHTS
The Products presented for sale on the Site are the property of the Com'onsoft company or of the publishers/authors/suppliers with which the Com'onsoft company has concluded an agreement and are protected by intellectual property, copyright and database protection rights.
The Seller respects the intellectual property of others. If the Customer believes that one of its intellectual property rights has been used in violation of its rights, it shall inform the Seller as soon as possible at Com'onsoft 8 rue du Mesnil Saint Denis 78310 COIGNIERES FRANCE.
Article 7: LIABILITY AND FORCE MAJEURE
The Products offered are in conformity with the French legislation in force. The Seller shall not be held liable in the event of failure to comply with the laws of the country in question. It is up to the Customer to check with the local authorities the possibilities of use of the Products that it plans to order.
The photographs of the Products used on the Site are provided for illustrative purposes and are not contractual in nature. It is advisable to refer to the description of each Product to know its precise characteristics.
The Seller shall not be liable for a breach of its contractual obligations in the event of a case of force majeure or an unforeseeable and insurmountable event by a third party to the contract, or in the event of a fault attributable to the Customer that does not allow the Seller (or its service providers) to perform their obligations under the distance selling contract.
Article 8: INFORMATION TECHNOLOGY AND FREEDOMS
8.1 Processing of the Customer's personal data
Some of the Customer's personal data is collected by the Seller at the time of the order for the purposes of order tracking, after-sales service and management of the relationship with the Customer.
In its capacity as the person responsible for processing the Customer's personal data, the Seller guarantees that the processing of personal data is carried out in accordance with French legislation on the protection of personal data. The processing implemented by the Seller has been the subject of a declaration of compliance with the Simplified Standard No. 48 on the processing of data relating to the management of customers and prospects, registered with the Commission Nationale Informatique et Libertés under the number 2018298 v 0.
The Customer's data may be transferred to the Vendor's service providers for the same purposes as those specified above, it being specified that some of these service providers are located outside the European Union. Where applicable, the Seller warrants to the Customer that it has taken all necessary measures to legally regulate this data transfer, in particular by completing the appropriate formalities with the CNIL and by providing the necessary guarantees from its service providers.
8.2 Right of opposition, correction or deletion of personal data
In accordance with the provisions of the Data Protection Act of January 6, 1978, the Customer has at any time the right to access, oppose, correct, and delete his personal data at : Com'onsoft 8 Rue du Mesnil Saint Denis 78310 COIGNIERES France or on the site boutique.comonsoft.com in the section "My Personal Information".
Article 9: APPLICABLE LAW AND COMPETENT JURISDICTION
The present general conditions of sale are subject to French law, excluding the Vienna Convention on the International Sale of Goods of 11 April 1980.
In the event that a dispute arises from this contractual relationship, the Seller and the Customer undertake, before any legal action, to seek an amicable solution.
In the absence of an amicable agreement, and in accordance with the provisions of Articles L. 612-1 et seq. of the French Consumer Code, any consumer has the right to have recourse free of charge to a consumer mediator for the amicable resolution of the dispute between him and a professional. The Seller informs the Customer that the consumer mediator competent to rule on their disputes will be appointed by the Commission d'évaluation et de contrôle de la médiation de la consommation (CECM) and that his contact details will be indicated on the website accessible at the following address: http://www.economie.gouv.fr/mediation-conso/saisir-mediateur.
In the event of failure of the mediation, the French courts will have exclusive jurisdiction.